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section for a location to examine the Definition August 2, 1996, that are associated with regulatory evaluation. (h) For the purposes of this AD, an HPT actions proposed herein were module exposure is when the 1st stage HPT previously counted as reassessed at the List of Subjects in 14 CFR Part 39 rotor and 2nd stage HPT rotor are removed time of the completed Reregistration from the HPT case, making the 2nd stage Eligibility Decision (RED), Report of the Air transportation, Aircraft, Aviation HPT vanes and 2nd stage HPT air seal safety, Safety. Food Quality Protection Act (FQPA) assembly accessible in the HPT case. Tolerance Reassessment Progress and The Proposed Amendment Alternative Methods of Compliance Risk Management Decision (TRED), or Federal Register action. Under the authority delegated to me (i) The Manager, Engine Certification by the Administrator, the Federal Office, has the authority to approve DATES: Comments must be received on alternative methods of compliance for this or before June 26, 2006. Aviation Administration proposes to AD if requested using the procedures found amend 14 CFR part 39 as follows: in 14 CFR 39.19. ADDRESSES: Submit your comments, identified by docket identification (ID) PART 39—AIRWORTHINESS Related Information number EPA–HQ–OPP–2005–0459, by DIRECTIVES (j) None. one of the following methods: • Issued in Burlington, Massachusetts, on Federal eRulemaking Portal: http:// 1. The authority citation for part 39 April 19, 2006. www.regulations.gov. Follow the on-line continues to read as follows: instructions for submitting comments. Thomas A. Boudreau, • Authority: 49 U.S.C. 106(g), 40113, 44701. Acting Manager, Engine and Propeller Mail: Office of Pesticide Programs Directorate, Aircraft Certification Service. (OPP) Regulatory Public Docket (7502C), § 39.13 [Amended] [FR Doc. 06–3922 Filed 4–25–06; 8:45 am] Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, 2. The FAA amends § 39.13 by adding BILLING CODE 4910–13–P DC 20460–0001. the following new airworthiness • directive: Hand Delivery: OPP Regulatory Public Docket, Environmental Pratt & Whitney: Docket No. FAA–2006– ENVIRONMENTAL PROTECTION Protection Agency, Rm. 119, Crystal 23742; Directorate Identifier 2005–NE– AGENCY Mall #2, 1801 S. Bell St., Arlington, VA. 53–AD. 40 CFR Part 180 Deliveries are only accepted during the Comments Due Date Docket’s normal hours of operation (a) The Federal Aviation Administration [EPA–HQ–OPP–2005–0459; FRL–7771–9] (8:30 a.m. to 4 p.m., Monday through (FAA) must receive comments on this Friday, excluding legal holidays). airworthiness directive (AD) action by June Endosulfan, Fenarimol, Imazalil, Special arrangements should be made 26, 2006. Oryzalin, Sodium Acifluorfen, for deliveries of boxed information. The Trifluralin, and Ziram; Proposed Affected ADs Docket telephone number is (703) 305– Tolerance Actions 5805. (b) None. • AGENCY: Environmental Protection Important Note: OPP will be Applicability Agency (EPA). moving to a new location the first week (c) This AD applies to Pratt & Whitney ACTION: Proposed rule. of May 2006. As a result, from Friday, (PW) JT9D–7R4G2 turbofan engines. These April 28 to Friday, May 5, 2006, the engines are installed on, but not limited to, SUMMARY: EPA is proposing to revoke OPP Regulatory Public Docket will NOT Boeing 747–200B, –200C, –200F, and –300 certain tolerances for the insecticide be accepting any deliveries at the airplanes. endosulfan, the fungicides fenarimol, Crystal Mall #2 address and this facility Unsafe Condition imazalil, and ziram; and the herbicide will be closed to the public. Beginning trifluralin. Also, EPA is proposing to on May 8, 2006, the OPP Regulatory (d) This AD results from a report of an uncontained failure of the 2nd stage air seal modify certain tolerances for the Public Docket will reopen at 8:30 a.m. assembly, caused by the air seal assembly insecticide endosulfan, the fungicides and deliveries will be accepted in Rm. brace disengaging from the air seal, due to fenarimol, imazalil, and ziram; and the S–4400, One Potomac Yard (South insufficient cooling air flow. We are issuing herbicides sodium acifluorfen and Building), 2777 S. Crystal Drive, this AD to prevent uncontained failure of the trifluralin. In addition, EPA is proposing Arlington, VA 22202. The mail code for 2nd stage high pressure turbine (HPT) air seal to establish new tolerances for the the mailing address will change to assembly, leading to engine in-flight insecticide endosulfan, the fungicides (7502P), but will otherwise remain the shutdown and damage to the airplane. fenarimol, imazalil, and ziram; and the same. The OPP Regulatory Public Compliance herbicides oryzalin and trifluralin. The Docket telephone number and hours of (e) You are responsible for having the regulatory actions proposed in this operation will remain the same after the actions required by this AD performed at the document are part of the Agency’s move. next HPT module exposure after the effective reregistration program under the Federal Instructions: Direct your comments to date of this AD, unless the actions have Insecticide, Fungicide, and Rodenticide docket ID number EPA–HQ–OPP–2005– already been done. Act (FIFRA), and the tolerance 0459. EPA’s policy is that all comments (f) Replace the 2nd stage HPT air seal reassessment requirements of the received will be included in the docket assembly, part number 815097, with a new Federal Food, Drug, and Cosmetic Act without change and may be made configuration 2nd stage HPT air seal (FFDCA) section 408(q), as amended by available on-line at http:// assembly that increases cooling air flow, the Food Quality Protection Act (FQPA) www.regulations.gov, including any either by installing a new 2nd stage air seal of 1996. By law, EPA is required by personal information provided, unless assembly, or modifying the old configuration 2nd stage HPT seal assembly. August 2006 to reassess the tolerances the comment includes information (g) Use the Accomplishment Instructions of that were in existence on August 2, claimed to be Confidential Business PW Alert Service Bulletin JT9D–7R4–A72– 1996. No tolerance reassessments will Information (CBI) or other information 596, dated September 15, 2005, to do the be counted at the time of a final rule whose disclosure is restricted by statute. replacement. because tolerances in existence on Do not submit information that you

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consider to be CBI or otherwise • Animal production (NAICS code vii. Explain your views as clearly as protected through regulations.gov or e- 112) possible, avoiding the use of profanity mail. The Federal regulations.gov • Food manufacturing (NAICS code or personal threats. website is an ‘‘anonymous access’’ 311) viii. Make sure to submit your system, which means EPA will not • Pesticide manufacturing (NAICS comments by the comment period know your identity or contact code 32532) deadline identified. information unless you provide it in the This listing is not intended to be C. What Can I do if I Wish the Agency body of your comment. If you send an exhaustive, but rather provides a guide e-mail comment directly to EPA without for readers regarding entities likely to be to Maintain a Tolerance that the Agency going through regulations.gov, your e- affected by this action. Other types of Proposes to Revoke? mail address will be automatically entities not listed in this unit could also This proposed rule provides a captured and included as part of the be affected. The North American comment period of 60 days for any comment that is placed in the docket Industrial Classification System person to state an interest in retaining and made available on the Internet. If (NAICS) codes have been provided to a tolerance proposed for revocation. If you submit an electronic comment, EPA assist you and others in determining EPA receives a comment within the 60– recommends that you include your whether this action might apply to day period to that effect, EPA will not name and other contact information in certain entities. If you have any proceed to revoke the tolerance the body of your comment and with any questions regarding the applicability of immediately. However, EPA will take disk or CD-ROM you submit. If EPA this action to a particular entity, consult steps to ensure the submission of any cannot read your comment due to the person listed under FOR FURTHER needed supporting data and will issue technical difficulties and cannot contact INFORMATION CONTACT. an order in the Federal Register under you for clarification, EPA may not be B. What Should I Consider as I Prepare FFDCA section 408(f) if needed. The able to consider your comment. My Comments for EPA? order would specify data needed and Electronic files should avoid the use of the time frames for its submission, and special characters, any form of 1. Submitting CBI. Do not submit this would require that within 90 days some encryption, and be free of any defects or information to EPA through person or persons notify EPA that they viruses. www.regulations.gov or e-mail. Clearly will submit the data. If the data are not Docket: All documents in the docket mark the part or all of the information submitted as required in the order, EPA are listed in the docket index. Although that you claim to be CBI. For CBI will take appropriate action under listed in the index, some information is information in a disk or CD ROM that FFDCA. not publicly available, e.g., CBI or other you mail to EPA, mark the outside of the EPA issues a final rule after information whose disclosure is disk or CD ROM as CBI and then considering comments that are restricted by statute. Certain other identify electronically within the disk or submitted in response to this proposed material, such as copyrighted material, CD ROM the specific information that is rule. In addition to submitting is not placed on the Internet and will be claimed as CBI. In addition to one comments in response to this proposal, publicly available only in hard copy complete version of the comment that you may also submit an objection at the form. Publicly available docket includes information claimed as CBI, a time of the final rule. If you fail to file materials are available in the electronic copy of the comment that does not an objection to the final rule within the docket at http://www.regulations.gov, contain the information claimed as CBI time period specified, you will have or, if only available in hard copy, at the must be submitted for inclusion in the waived the right to raise any issues OPP Regulatory Public Docket at the public docket. Information so marked resolved in the final rule. After the location identified under ‘‘Delivery’’ will not be disclosed except in specified time, issues resolved in the and ‘‘Important Note.’’ The hours of accordance with procedures set forth in final rule cannot be raised again in any operation for this docket facility are 40 CFR part 2. subsequent proceedings. from 8:30 a.m. to 4 p.m., Monday 2. Tips for preparing your comments. through Friday, excluding legal When submitting comments, remember II. Background holidays. The docket telephone number to: A. What Action is the Agency Taking? is (703) 305–5805. i. Identify the document by docket EPA is proposing to revoke, remove, FOR FURTHER INFORMATION CONTACT: number and other identifying modify, and establish specific tolerances Kendra Tyler, Special Review and information (subject heading, Federal for residues of the insecticide Reregistration Division (7508C), Office Register date and page number). endosulfan, the fungicides fenarimol, of Pesticide Programs, Environmental ii. Follow directions. The agency may imazalil, and ziram; and the herbicides Protection Agency, 1200 Pennsylvania ask you to respond to specific questions oryzalin, sodium acifluorfen, and Ave., NW., Washington, DC 20460– or organize comments by referencing a trifluralin in or on commodities listed in 0001; telephone number: (703) 308– Code of Federal Regulations (CFR) part the regulatory text. 0125; e-mail or section number. EPA is proposing these tolerance address:[email protected]. iii. Explain why you agree or disagree; suggest alternatives and substitute actions to implement the tolerance SUPPLEMENTARY INFORMATION: language for your requested changes. recommendations made during the I. General Information iv. Describe any assumptions and reregistration and tolerance provide any technical information and/ reassessment processes (including A. Does this Action Apply to Me? or data that you used. follow-up on canceled or additional You may be potentially affected by v. If you estimate potential costs or uses of pesticides). As part of these this action if you are an agricultural burdens, explain how you arrived at processes, EPA is required to determine producer, food manufacturer, or your estimate in sufficient detail to whether each of the amended tolerances pesticide manufacturer. Potentially allow for it to be reproduced. meets the safety standard of the FQPA. affected entities may include, but are vi. Provide specific examples to The safety finding determination of not limited to: illustrate your concerns, and suggest ‘‘reasonable certainty of no harm’’ is • Crop production (NAICS code 111) alternatives. discussed in detail in each

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Reregistration Eligibility Decision (RED) it can determine that there is a proposal indicates a need for the and Report of the Food Quality reasonable certainty (with appropriate tolerance to cover residues in or on Protection Act (FQPA) Tolerance mitigation) that no harm to any imported commodities or domestic Reassessment Progress and Risk population subgroup will result from commodities legally treated. Management Decision (TRED) for the aggregate exposure. EPA is proposing to revoke specific active ingredient. REDs and TREDs Explanations for proposed tolerances for combined imazalil recommend the implementation of modifications in tolerances can be residues of concern on the fat, liver, certain tolerance actions, including found in the RED and TRED document meat, and meat byproducts of hogs modifications to reflect current use and in more detail in the Residue because the Agency has concluded that patterns, meet safety findings, and Chemistry Chapter document which there is no reasonable expectation of change commodity names and supports the RED and TRED. Copies of finite residues in or on the commodities groupings in accordance with new EPA the Residue Chemistry Chapter associated with the tolerances, and policy. Printed copies of many REDs documents are found in the therefore these tolerances are no longer and TREDs may be obtained from EPA’s Administrative Record and paper copies needed. National Service Center for for endosulfan, fenarimol, imazalil, The determinations that there are no Environmental Publications (EPA/ oryzalin, sodium acifluorfen, and reasonable expectations of finite NSCEP), P.O. Box 42419, Cincinnati, trifluralin can be found under their imazalil residues of concern on the fat, OH 45242–2419, telephone 1–800–490– respective public docket numbers, liver, meat, and meat byproducts of hogs 9198; fax 1–513–489–8695; internet at identified above. Paper copies for ziram were made based on the Agency’s http://www.epa.gov/ncepihom and from and imazalil are available in the public conclusion that there are no current the National Technical Information docket for this proposed rule. Electronic imazalil commodity uses which are Service (NTIS), 5285 Port Royal Road, copies are available through EPA’s significant feed items for hogs. (While Springfield, VA 22161, telephone 1– electronic public docket and comment there is an imazalil tolerance for citrus 800–553–6847 or 703–605–6000; system, regulations.gov athttp:// dried pulp, the Agency does not internet at http://www.ntis.gov. www.regulations.gov. You may search consider it to be a significant feed item Electronic copies of REDs and TREDs for this proposed rule under docket for hogs). Because EPA determined that are available on the internet for number EPA–HQ–OPP–2005–0459, or there is no reasonable expectation of endosulfan, fenarimol, imazalil, for an individual chemical under its finite residues, under 40 CFR 180.6 the oryzalin, sodium acifluorfen, trifluralin, respective docket number, then click on imazalil tolerances for hog, fat; hog, and ziram in public dockets EPA–HQ– that docket number to view its contents. liver; hog, meat; and hog, meat OPP–2002–0262, EPA–HQ–OPP–2002– EPA has determined that the aggregate byproducts are no longer needed under exposures and risks are not of concern 0250, EPA–HQ–OPP–2002–0217, EPA– the FFDCA and can be proposed for for the above-mentioned pesticide active revocation. HQ–OPP–2003–0369, EPA–HQ–OPP– ingredients based upon the data 1. Endosulfan. Currently, the 2003–0293, EPA–HQ–OPP–2004–0142, identified in the RED or TRED which tolerance expression for residues is and EPA–HQ–OPP–2004–0194, lists the submitted studies that the defined in terms of endosulfan and its respectively, at http:// Agency found acceptable. metabolite endosulfan sulfate in 40 CFR www.regulations.gov. EPA has found that the tolerances that 180.182. Because the tolerance The selection of an individual are proposed in this document to be expression should reflect the alpha- and tolerance level is based on crop field modified, are safe, i.e., that there is a beta-isomers of the parent compound, residue studies designed to produce the reasonable certainty that no harm will EPA is proposing to modify the maximum residues under the existing or result to infants and children from tolerance expression in 40 CFR 180.182 proposed product label. Generally, the aggregate exposure to the pesticide in order to specify the alpha- and beta- level selected for a tolerance is a value chemical residues, in accordance with isomers of the parent. Also, EPA is slightly above the maximum residue section 408(b)(2)(C). (Note that changes proposing to remove the ‘‘(N)’’ found in such studies. The evaluation of to tolerance nomenclature do not designation from all entries to conform whether a tolerance is safe is a separate constitute modifications of tolerances). to current Agency administrative inquiry. EPA recommends the raising of These findings are discussed in detail in practice (‘‘N’’ designation means a tolerance when data show that: (1) each RED or TRED. The references are negligible residues). Lawful use (sometimes through a label available for inspection as described in Because no active registrations exist change) may result in a higher residue this document under SUPPLEMENTARY for use of endosulfan on globe level on the commodity and (2) the INFORMATION. artichokes, sugar beets, raspberries, tolerance remains safe, notwithstanding In addition, EPA is proposing to safflower seeds, and sunflower seeds, increased residue level allowed under revoke certain specific tolerances the tolerances are no longer needed. the tolerance. In REDs, Chapter IV on because either they are no longer Therefore, EPA is proposing in 40 CFR ‘‘Risk management, Reregistration, and needed or are associated with food uses 180.182(a)(1) to revoke the tolerances Tolerance Reassessment’’ typically that are no longer registered under for ‘‘artichoke, globe’’; ‘‘beet, sugar, describes the regulatory position, FQPA FIFRA. Those instances where roots’’; ‘‘raspberry’’; ‘‘safflower, seed’’; assessment, cumulative safety registrations were canceled were and ‘‘sunflower, seed.’’ determination, determination of safety because the registrant failed to pay the Based on available data on almond for U.S. general population, and safety required maintenance fee and/or the that show combined endosulfan for infants and children. In particular, registrant voluntarily canceled one or residues of concern are non-detectable the human health risk assessment more registered uses of the pesticide. It in or on almond kernels, the Agency has document which supports the RED is EPA’s general practice to propose determined that the tolerance on describes risk exposure estimates and revocation of those tolerances for almond should be increased to 0.3 ppm, whether the Agency has concerns. In residues of pesticide active ingredients the combined limits of detection. TREDs, the Agency discusses its on crop uses for which there are no Therefore, EPA is proposing to increase evaluation of the dietary risk associated active registrations under FIFRA, unless the tolerance in 40 CFR 180.182(a)(1) for with the active ingredient and whether any person in comments on the combined endosulfan residues of

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concern in or on ‘‘almond’’ from 0.2 to separate tolerances for head lettuce and Agency has determined that the 0.3 ppm. leaf lettuce, and increased to 11.0 ppm tolerances on melon, cucumber, and Based on available data on the grain and 6.0 ppm, respectively. Therefore, summer squash should be decreased to and straw of barley and wheat that show EPA is proposing to split the tolerance 1.0 ppm. Also, the available data for combined endosulfan residues of in 40 CFR 180.182(a)(1) on lettuce into melon, cucumber, and summer squash concern as high as 0.30, 0.30, 0.35, and ‘‘lettuce, head’’ and ‘‘lettuce, leaf’’ and may be translated to pumpkin and 0.38 ppm in/on barley grain, wheat increase them for combined endosulfan winter squash. Therefore, EPA is grain, barley straw, and wheat straw, residues of concern from 2.0 to 11.0 and proposing to combine the individual respectively, the Agency has determined 6.0 ppm, respectively. tolerances in 40 CFR 180.182(a)(1) on that the tolerances on barley and wheat Based on available data on oat grain, cucumber, melon, pumpkin, squash, grain should be increased to 0.3 ppm oat straw, rye grain, and rye straw that summer; and squash, winter into and tolerances on barley and wheat show combined endosulfan residues of ‘‘vegetable, cucurbit, group 9’’ and straw should be increased to 0.4 ppm. concern as high as 0.30, 0.32, 0.30, and decrease the tolerance for combined Therefore, EPA is proposing to increase 0.30 ppm, respectively, the Agency has endosulfan residues of concern from 2.0 the tolerances in 40 CFR 180.182(a)(1) determined that the tolerances on oat to 1.0 ppm. for combined endosulfan residues of grain, oat straw, rye grain, and rye straw Based on available data on tomato concern in or on ‘‘barley, grain’’ and should be increased to 0.3, 0.4, 0.3, and that show combined endosulfan ‘‘wheat, grain’’ from 0.1 to 0.3 ppm, and 0.3 ppm, respectively. Therefore, EPA is residues of concern as high as 0.97 ppm, ‘‘barley, straw’’ and ‘‘wheat, straw’’ from proposing to increase the tolerances in respectively, the Agency has determined 0.2 to 0.4 ppm. 40 CFR 180.182(a)(1) for combined that the tolerance on tomato should be Based on available data on blueberry endosulfan residues of concern in or on decreased to 1.0 ppm. Also, the that show combined endosulfan ‘‘oat, grain’’ from 0.1 to 0.3 ppm; ‘‘oat, available data for tomato may be residues of concern are non-detectable straw’’ from 0.2 to 0.4 ppm; ‘‘rye, grain’’ translated to eggplant. Therefore, EPA is (<0.1 ppm), the Agency has determined from 0.1 to 0.3 ppm; and rye, straw from proposing to decrease the tolerances in that the tolerance on blueberry should 0.2 to 0.3 ppm. 40 CFR 180.182(a)(1) for combined be increased to 0.3 ppm, the combined Available ruminant metabolism data endosulfan residues of concern in or on limits of detection. Therefore, EPA is indicate that combined endosulfan ‘‘eggplant’’ from 2.0 to 1.0 ppm and proposing to increase the tolerance in 40 residues of concern at 1.1x and 1.7x the ‘‘tomato’’ from 2.0 to 1.0 ppm. CFR 180.182(a)(1) for combined maximum dietary burden for beef and Based on available data on sweet endosulfan residues of concern in or on dairy cattle, respectively were 0.78 ppm potatoes that show combined ‘‘blueberry’’ from 0.1 to 0.3 ppm. in milk, 12 ppm in fat, 0.85 ppm in endosulfan residues of concern are non- Based on available data on broccoli kidney, 4.6 ppm in liver, and 2.0 ppm detectable (each <0.05 ppm), the Agency that show combined endosulfan in muscle. The Agency determined that has determined that the tolerance on residues of concern as high as 2.41 ppm, separate tolerances for liver should be sweet potato should be decreased to the Agency has determined that the established and that the tolerances for 0.15 ppm. Therefore, EPA is proposing tolerance on broccoli should be meat byproducts should be revised to to decrease the tolerance in 40 CFR increased to 3.0 ppm. Therefore, EPA is meat byproducts, except liver and the 180.182(a)(1) for combined endosulfan proposing to increase the tolerance in 40 appropriate tolerances for fat, meat residues of concern in or on ‘‘sweet CFR 180.182(a)(1) for combined byproducts (except liver), liver, and potato, roots’’ from 0.2 to 0.15 ppm. endosulfan residues of concern in or on meat of cattle, goats, hogs, horses, and Based on available data on apple that ‘‘broccoli’’ from 2.0 to 3.0 ppm. sheep should be increased to 13.0, 1.0, show combined endosulfan residues of Based on available data that show 5.0, and 2.0 ppm, respectively. Also, the concern as high as 0.84 ppm, the combined endosulfan residues of Agency determined that the tolerance Agency has determined that the concern as high as 3.1 ppm on cabbage for milk fat should be increased to 2.0 tolerance on apple should be decreased with wrapper leaves, the Agency has ppm. Therefore, EPA is proposing to to 1.0 ppm. This level is also compatible determined that the tolerance on increase the commodity tolerances in 40 with CODEX Alimentarius Commission cabbage should be increased to 4.0 ppm. CFR 180.182(a)(1) for combined Maximum Residue Limits (MRLs) for Therefore, EPA is proposing to increase endosulfan residues of concern in or on endosulfan residues on pome fruits. the tolerance in 40 CFR 180.182(a)(1) for ‘‘cattle, fat’’; ‘‘goat, fat’’; ‘‘hog, fat’’; Therefore, EPA is proposing to decrease combined endosulfan residues of ‘‘horse, fat’’; and ‘‘sheep, fat’’ from 0.2 the tolerance in 40 CFR 180.182(a)(1) for concern in or on ‘‘cabbage’’ from 2.0 to to 13.0 ppm; ‘‘cattle, meat byproducts, combined endosulfan residues of 4.0 ppm. except liver’’; ‘‘goat, meat byproducts, concern in or on ‘‘apple’’ from 2.0 to 1.0 Based on available data on celery that except liver’’; ‘‘hog, meat byproducts, ppm. show combined endosulfan residues of except liver’’; ‘‘horse, meat byproducts, Apple processing data indicate that concern as high as 7.0 ppm, the Agency except liver’’; and ‘‘sheep, meat combined endosulfan residues of has determined that the tolerance on byproducts, except liver’’ from 0.2 to 1.0 concern concentrate by 6x in wet apple celery should be increased to 8.0 ppm. ppm; ‘‘cattle, meat’’; ‘‘goat, meat’’; ‘‘hog, pomace. Based on HAFT combined Therefore, EPA is proposing to increase meat’’; ‘‘horse, meat’’; and ‘‘sheep, residues of 0.77 ppm in/on apples, the tolerance in 40 CFR 180.182(a)(1) for meat’’ from 0.2 to 2.0 ppm; ‘‘milk, fat combined residues as high as 4.62 ppm combined endosulfan residues of (=N in whole milk)’’ from 0.5 to 2.0 would be expected. Therefore, EPA is concern in or on ‘‘celery’’ from 2.0 to 8.0 ppm; and establish tolerances at 5.0 proposing in 40 CFR 180.182(a)(1) to ppm. ppm for ‘‘cattle, liver’’; ‘‘goat, liver’’; establish a tolerance for combined Based on available data that show ‘‘hog, liver’’; ‘‘horse, liver’’; and ‘‘sheep, endosulfan residues of concern in or on combined endosulfan residues of liver.’’ ‘‘apple, wet pomace’’ at 5.0 ppm. concern as high as 10.11 ppm in or on Based on available data on Based on available data on pineapple head lettuce with wrapper leaves and cantaloupes, cucumbers, and summer that show combined endosulfan 5.72 ppm in or on leaf lettuce, the squash that show combined endosulfan residues of concern as high as 0.5 ppm, Agency has determined that the existing residues of concern as high as 0.76, the Agency has determined that the tolerance on lettuce should be split into 0.66, and 0.25 ppm, respectively, the tolerance on pineapple should be

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decreased to 1.0 ppm. Therefore, EPA is considered to be significant livestock Based on field trial data that show proposing to decrease the tolerance in feed items, the tolerances are no longer residues of fenarimol per se were non- 40 CFR 180.182(a)(1) for combined needed. Therefore, EPA is proposing to detectable (less than 0.002 ppm, the endosulfan residues of concern in or on revoke the tolerances in 40 CFR method limit of detection) in pecan nut ‘‘pineapple’’ from 2.0 to 1.0 ppm. 180.421(a)(1) for residues of the leat samples from six trials and in one Based on processing data that indicate fungicide fenarimol in or on ‘‘apple, dry trial were detected at 0.02 ppm, the combined endosulfan residues of pomace’’; and in 40 CFR 180.421(a)(2) Agency determined that the tolerance concern concentrate 7x in peel and 41x for residues of the fungicide fenarimol should be decreased from 0.1 to 0.02 in bran processed from whole pineapple and its metabolites in or on ‘‘grape ppm. Therefore, EPA is proposing to and a HAFT combined residues of 0.44 pomace (wet and dry)’’ and ‘‘grape, decrease the tolerance in 40 CFR ppm for in/on pineapple, residues as raisin, waste.’’ 180.421(a)(1) for residues of fenarimol high as 18.04 ppm would be expected Based on available grape processing in or on ‘‘pecan’’ from 0.1 to 0.02 ppm. and the Agency determined that a data, the Agency determined that Food and Drug Administration (FDA) tolerance for pineapple process residue combined residues of fenarimol and its monitoring data for apples during the (also known as wet bran) should be metabolites marginally concentrated in period 1996–1999 showed established at 20.0 ppm. Although, the juice and raisins. However, calculations nondetectable (less than 0.003 ppm, the RED and Residue Chemistry Chapters using the anticipated residue for grape method limit of detection) residues of have tables which inadvertently are with the processing factors, show that fenarimol per se on apples. Based on the listed as 18 ppm; the text within the the anticipated combined residues for highest average field trial (HAFT) RED and Residue Chemistry Chapter the grape processed commodities (juice residue of 0.059 ppm for apples and a both state that 20.0 ppm is appropriate. and raisin) are each less than the concentration factor of 3.7-fold for wet Therefore, EPA is proposing in 40 CFR reassessed tolerance for grape (0.1 ppm). pomace, the maximum expected residue 180.182(a)(1) to establish a tolerance for The tolerances for grape juice at 0.6 in wet pomace is 0.22 ppm and the combined endosulfan residues of ppm and raisins at 0.6 ppm are no Agency determined that a tolerance of concern in or on ‘‘pineapple, process longer needed. Therefore, EPA is 0.3 ppm on wet apple pomace is residue’’ at 20.0 ppm. proposing to revoke the tolerances in 40 appropriate. Therefore, EPA is Based on available data on sweet corn CFR 180.421(a)(2) for residues of the proposing to decrease the tolerance in that show combined endosulfan fungicide fenarimol and its metabolites 40 CFR 180.421(a)(1) for residues of residues of concern as high as 12.0 ppm in or on ‘‘grape, juice’’ and ‘‘grape, fenarimol in or on ‘‘apple, wet pomace’’ in or on sweet corn forage and 13.92 raisin.’’ from 2.0 to 0.3 ppm. ppm in or on sweet corn stover, the The Agency extrapolated data from a Food and Drug Administration (FDA) Agency has determined that tolerances 28–day ruminant feeding study of monitoring data for grapes during the should be established at 12.0 and 14.0 exaggerated dietary burdens to the 1x period 1996–1999 showed ppm, respectively. Therefore, EPA is feeding rate, and examined the expected nondetectable (less than 0.003 ppm, the proposing to establish tolerances in 40 impact of the average theoretical dietary method limit of detection) residues of CFR 180.182(a)(1) for combined burden from wet apple pomace fenarimol per se on grapes. Based on endosulfan residues of concern in or on (calculated using Food and Drug field trial data that indicate residues as ‘‘corn, sweet, forage’’ at 12.0 ppm and Administration monitoring data for high as 0.042 ppm for fenarimol and ‘‘corn, sweet, stover’’ at 14.0 ppm. apples). Of the currently registered uses 0.073 for its metabolites in or on grapes Based on available data on cotton gin of fenarimol, wet apple pomace is the harvested after 30 days following the byproducts that show combined only commodity considered a livestock last of four applications, the Agency endosulfan residues of concern as high feed item. For cattle, goats, horses, and determined that a tolerance of 0.1 ppm as 27.5 ppm, the Agency has determined sheep, the Agency concluded from on grapes is appropriate. However, since that a tolerance on cotton gin monitoring, feeding, and metabolism the August 2002 fenarimol TRED, the byproducts should be established at data that expected fenarimol residues in registrant Gowan Company has 30.0 ppm. Therefore, EPA is proposing muscle, fat, and kidney are calculated to requested that the Agency shorten the to establish a tolerance in 40 CFR be less than or near the enforcement pre-harvest interval (PHI) from 30 days 180.182(a)(1) for combined endosulfan method’s limit of detection (0.003 ppm). to 21 days on grapes. Based on the grape residues of concern in or on ‘‘cotton, gin Therefore, the Agency determined that residue data submitted reflecting the byproducts’’ at 30.0 ppm. for muscle, fat, and kidney of ruminants 21–day PHI, the decrease in the Based on the translation of data from it is not possible to establish with tolerance reflected in the August 2002 carrot and potato, the Agency certainty whether finite residues will be TRED is appropriate at 0.1 ppm in or on determined that a tolerance should be incurred, but there is a reasonable grapes with a PHI of 21 days. However, established for turnip roots at 0.2 ppm. expectation of finite residues under 40 EPA concluded that residues be Therefore, EPA is proposing to establish CFR 180.6(a)(2). For cattle, goats, horses, expressed as fenarimol parent only, a tolerance in 40 CFR 180.182(a)(1) for and sheep, EPA reassessed meat, rather than the combined residues of combined endosulfan residues of kidney, and fat tolerances at 0.01 ppm, fenarimol and its metabolites because concern in or on ‘‘turnip, roots’’ at 0.2 the method limit of quantitation. parent only would be an adequate ppm. Therefore, EPA is proposing to decrease indicator of misuse and would EPA is proposing to revise commodity the tolerances in 40 CFR 180.421(a)(1) harmonize with the CODEX MRLs. terminology in 40 CFR 180.182 to for residues of the fungicide fenarimol Therefore, EPA is proposing to recodify conform to current Agency practice as in or on ‘‘cattle, fat’’; ‘‘cattle, kidney’’; from 40 CFR 180.421(a)(2) to (a)(1) the follows: ‘‘Cherry’’ to ‘‘cherry, sweet’’ ‘‘goat, fat’’; ‘‘goat, kidney’’; ‘‘horse, fat’’; tolerance for residues of fenarimol and and ‘‘cherry, sour’’; ‘‘pecans’’ to ‘‘horse, kidney’’; ‘‘sheep, fat’’; and its metabolites in or on ‘‘grape’’ at 0.2 ‘‘pecan’’; and ‘‘turnip, greens’’ to ‘‘sheep, kidney’’; each from 0.1 to 0.01 ppm and to decrease the tolerance from ‘‘turnip, tops.’’ ppm, and to maintain the tolerances at 0.2 to 0.1 ppm. 2. Fenarimol. Because dry apple 0.01 ppm for ‘‘cattle, meat’’; ‘‘goat, Currently, a tolerance in 40 CFR pomace, grape pomace (wet and dry), meat’’; ‘‘horse, meat’’; and ‘‘sheep, 180.421(a)(2) for combined residues of and raisin waste are no longer meat.’’ fenarimol and its metabolites in or on

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banana exists at 0.5 ppm where not commodities for imazalil in 40 CFR tolerance for meat byproducts should be more than 0.25 ppm shall be present in 180.413 (a)(2) to regulate imazalil, 3-[2- equivalent to the level which is highest the pulp after peel is removed. (2,4-dichlorophenyl)-2-(2,3- for either meat or any individual organ Fenarimol is presently not registered for dihydroxypropoxy)ethyl]-2,4- for which residues were measured, use on banana in the United States. imidazolidinedione (FK772), and 3-[2- tolerances for the meat byproducts of Based on foreign field trial data that (2,4-dichlorophenyl)-2-(hydroxy)]-2,4- cattle, goats, horses, and sheep should indicate residues of fenarimol as high as imidazolidinedione (FK284). each be increased from 0.01 to 0.2 ppm. 0.19 ppm and 0.075 ppm for its Because a tolerance exists for Therefore, EPA is proposing to increase metabolites, the Agency determined that combined imazalil residues of concern the tolerances in 40 CFR 180.413(a)(2) a tolerance of 0.25 ppm is appropriate on whole banana at 3.0 ppm and whole for ‘‘cattle, meat byproducts’’; ‘‘goat, for whole banana. It is current Agency bananas are defined as the peel and the meat byproducts’’; ‘‘horse, meat practice to establish a tolerance on the pulp after discarding the crown tissue byproducts’’; and ‘‘sheep, meat whole commodity (including peel after and stalk, the tolerance on banana pulp byproducts’’ from 0.01 to 0.2 ppm. removing and discarding crown tissue at 0.2 ppm is no longer necessary. However, because increasing these meat and stalk). Therefore, EPA is proposing Therefore, the Agency is proposing to byproduct tolerances to 0.2 ppm would to revise the tolerance commodity revoke the tolerance in 40 CFR cover their respective animal liver terminology in 40 CFR 180.421(a)(2) 180.413(a) for the combined imazalil commodities, separate tolerances at 0.2 from ‘‘banana (Not more than 0.25 ppm residues of concern in or on ‘‘banana, ppm in 40 CFR 180.413(a)(2) for ‘‘cattle, shall be present in the pulp after peel is pulp’’ and revise the tolerance liver’’; ‘‘goat, liver’’; ‘‘horse, liver’’; and removed)’’ to ‘‘banana’’ and decrease the commodity terminology from ‘‘banana ‘‘sheep, liver’’ are not needed. tolerance from 0.5 to 0.25 ppm. (whole)’’ to ‘‘banana.’’ Therefore, EPA is proposing in 40 CFR Currently, tolerances in 40 CFR Because dried citrus is no longer 180.413(a)(2) to remove current 180.421(a)(1) are expressed in terms of considered to be a significant feed item tolerances for ‘‘cattle, liver’’; ‘‘goat, residues of fenarimol, while tolerances for hogs, and because there are no other liver’’; ‘‘horse, liver’’; and ‘‘sheep, liver’’ in (a)(2) are expressed in terms of hog feeding commodities associated rather than modify them because these combined residues of fenarimol and with existing imazalil tolerances, there commodities would be covered. specific metabolites (calculated as is no reasonable expectation of finite Based on grain data that indicate the fenarimol). As stated in the October residues of imazalil in hog tissues. regulated residues of imazalil in or on 2001 Fenarimol Product and Residue Therefore, the Agency believes that barley grain and wheat grain are above Chemistry Chapter, EPA concluded that tolerances on hog fat, hog liver, hog the limit of quantitation (LOQ) of 0.08 for enforcement purposes, the tolerances meat, and hog meat byproduct are no ppm, the Agency determined to increase for plant commodities should be longer needed. Hence, EPA is proposing the tolerances for barley grain and expressed in terms of parent only; i.e., to revoke, in 40 CFR 180.413(a)(2), wheat grain, each to 0.1 ppm. Therefore, residues of fenarimol per se would be an tolerances for combined imazalil the Agency is proposing to increase, in adequate indicator of misuse. Therefore, residues of concern in or on the 40 CFR 180.413(a), tolerances for EPA is proposing to revise the tolerance following: ‘‘Hog, fat’’; ‘‘hog, liver’’; ‘‘hog, residues of imazalil in or on ‘‘barley, expression to residues of fenarimol for meat’’; and ‘‘hog, meat byproducts.’’ grain’’ and ‘‘wheat, grain’’ from 0.05 to the tolerances on ‘‘banana’’ and In Tolerance Summary table for both 0.1 ppm. ‘‘cherry,’’ recodify these tolerances from the Imazalil TRED and Residue Based on residue data that indicate 40 CFR 180.421(a)(2) to (a), and recodify Chemistry Chapter, the recommendation levels of imazalil and its metabolite in all tolerances from 180.421(a)(1) to (a). to revoke horse fat was an inadvertent citrus oil as high as 187 ppm, the 3. Imazalil. Tolerances for residues in entry. There is no basis for revocation of Agency determined that a tolerance of livestock commodities are currently horse fat listed in either document. 200 ppm is warranted for citrus oil. expressed as the combined residues of Consequently, the Agency has revised Citrus oils are not considered ready-to- imazalil, 1-[2-(2,4-dichlorophenyl)-2-(2- the Imazalil Residue Chemistry Chapter eat and are used primarily as a minor propenyloxy)ethyl]-1H-imidazole, and accordingly and the ‘‘horse, fat’’ ingredient in chewing gums, baked its metabolite, 1-(2,4-dichlorophenyl)-2- tolerance in 40 CFR 180.413(a)(2) will goods, gelatins, and puddings. The (1H-imidazole-1-yl)-1-ethanol. be maintained. dilution factor for citrus oil (238X) in its Metabolites, with their parent Cattle feeding data show that conversion to ready-to-eat form exceeds compound, should serve as marker combined imazalil residues of concern the average concentration factor (28X compounds which should be used to ranged as high as just slightly greater based on oranges) from the raw determine residue values for the dietary than 0.05 ppm in milk at an exaggerated agricultural commodity to the oil by a risk assessment. EPA has found that any 5x feeding level, and therefore, the factor of 8.5. As consumed, the metabolite containing the 2,4- tolerance on milk should be increased concentration of imazalil and its dichlorophenyl moiety is of from 0.01 to 0.02 ppm. Consequently, metabolite, expressed as imazalil toxicological concern and must be EPA is proposing to increase the equivalents, are expected to be less than included in the tolerance expression tolerance in 40 CFR 180.413(a)(2) for the concentration in the raw agricultural along with the parent compound combined imazalil residues of concern commodity (whole fruit). Therefore, imazalil. In order to account for the 2,4- in milk to 0.02 ppm. EPA is proposing to increase the dichlorophenyl group moiety Also, the cattle feeding data show that tolerance in 40 CFR 180.413(a), for toxicological concerns, the total toxic combined imazalil residues of concern residues of imazalil in ‘‘citrus oil’’ from residues for imazalil will be adjusted ranged as high as 14.7 ppm in liver at 25.0 to 200.0 ppm. using the ratios of imazalil and the an exaggerated 70x feeding level, and Because the Agency now considers marker metabolites (FK772 and FK284) therefore, the liver tolerances of cattle, barley hay and wheat hay to be raw that were found to account for a high goats, horse, and sheep should be agricultural commodities (RACs), percentage of the total toxic residues in decreased from 0.5 to 0.2 ppm. In tolerances are warranted. Based on the livestock metabolism studies. addition, because exaggerated feeding residue data for forage and straw of Therefore, EPA is proposing to amend data show combined imazalil regulated barley and wheat that indicate residues the tolerance expression for livestock residues were highest in liver and the of concern as high as 0.12 ppm for

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spring barley straw and 0.24 ppm for proposing to revise commodity revised to ‘‘vegetable, leaves of root and winter wheat straw (each after a 2x terminology for ‘‘soybean’’ to ‘‘soybean, tuber, group 2’’ and ‘‘vegetable, brassica, correction factor for storage stability), seed.’’ leafy group 5’’ with separate tolerances and by translating available data for 6. Trifluralin. Because there have for ‘‘celery’’ and ‘‘endive.’’ Therefore, barley forage and straw to barley hay been no active registered uses for EPA is proposing in 40 CFR 180.207 for and available data for wheat forage and trifluralin on mung bean sprouts or residues of trifluralin to remove the straw to wheat hay, EPA determined upland cress since 1989, and therefore commodity group ‘‘vegetable, leafy, that tolerances on hay should be the tolerances are no longer needed, except brassica’’ and replace it with established at 0.5 ppm. Therefore, EPA EPA is proposing to revoke the separate tolerances for ‘‘celery’’; is proposing to establish separate tolerances in 40 CFR 180.207 for ‘‘endive’’; ‘‘vegetable, leaves of root and tolerances in 40 CFR 180.413(a) for residues of trifluralin in or on ‘‘bean, tuber, group 2’’; and ‘‘vegetable, residues of imazalil in or on ‘‘barley, mung, sprouts’’ and ‘‘cress, upland.’’ brassica, leafy group 5’’ at 0.05 ppm. hay’’ and ‘‘wheat, hay’’ at 0.5 ppm each. Because adequate residue data exists In order to conform to current Agency 4. Oryzalin. In order to conform to for field corn grain and data may be practice, the obsolete commodity current Agency practice, EPA is bridged from wheat and sorghum definition for ‘‘vegetables, root (exc. proposing in 40 CFR 180.304(a) to revise processing studies to barley, sorghum, carrots)’’ should be revised to the commodity terminology ‘‘small and wheat, the Agency has determined ‘‘vegetable, root and tuber, group 1, fruit’’ at 0.05 ppm into individual that the commodity group for grain, except carrot’’ and ‘‘vegetable, bulb, tolerances for ‘‘berry, group 13’’; crops, except corn, sweet and rice is group 3.’’ Based on available trifluralin ‘‘cranberry’’; ‘‘grape’’; and ‘‘strawberry’’ inappropriate and should be revoked residue data for the representative each at 0.05 ppm. Also, EPA is concomitant with the establishment of commodities from each group (residues proposing to revise commodity individual tolerances for barley grain on radishes as high as 0.026 ppm; terminology to conform to current and sorghum grain. No active residues on green onions as high as Agency practice as follows: ‘‘Fruit, registrations have existed on oats since 0.016 ppm), EPA determined that a citrus’’ to ‘‘fruit, citrus, group 10’’; cancellation of a soil treatment for oats tolerance of 0.05 ppm is appropriate for ‘‘fruit, pome’’ to ‘‘fruit, pome, group 11’’ in May 2001, and therefore an oat grain each group. Therefore, EPA is proposing and ‘‘fruit, stone’’ to ‘‘fruit, stone, group tolerance is not needed. Separate to revise the commodity tolerance for 12.’’ tolerances already exist for corn and ‘‘vegetable, root (exc. carrot)’’ in 40 CFR In addition, in order to conform to wheat grain. Based on translating 180.207 at 0.05 ppm to ‘‘vegetable, root current Agency practice, EPA is available residue data from wheat and and tuber, group 1, except carrot’’ and proposing to recodify the regional sorghum processing studies which ‘‘vegetable, bulb, group 3,’’ each at 0.05 tolerances for guava and papaya from 40 showed that trifluralin residues were ppm. CFR 180.304(b) to (c), and establish and non-detectable (<0.01 ppm) in or on In addition, the obsolete commodity reserve sections for emergency wheat grain and sorghum grain, the definition for ‘‘seed and pod vegetables’’ exemptions in 40 CFR 180.304(b) and Agency determined that the tolerances group should be revised to ‘‘vegetable, indirect or inadvertent residues in 40 for barley grain and sorghum grain legume, group 6’’ and separate CFR 180.304(d). should each be established at 0.05 ppm tolerances for ‘‘okra’’ and ‘‘dill.’’ 5. Sodium acifluorfen. Tolerances for (the enforcement method LOQ). However, because there have been no sodium acifluorfen are currently Therefore, EPA is proposing in 40 CFR active registrations for dill since October expressed as the combined residues of 180.207 to revoke the group tolerance 1995 and the tolerance is no longer the herbicide sodium salt of acifluorfen ‘‘grain, crop, except corn, sweet and rice needed, the Agency does not believe (sodium 5-[2-chloro-4- grain’’ and establish individual there is reason to maintain a dill trifluoromethyl)phenoxy]-2- tolerances for ‘‘barley, grain’’ and tolerance, and EPA is not proposing to nitrobenzoic acid) and its metabolites ‘‘sorghum, grain, grain;’’ each at 0.05 establish one. Based on the available (the corresponding acid, methyl ester, ppm. data for okra and selected members of and amino analogues). Typically, the In order to conform to current Agency crop group 6, a tolerance of 0.05 ppm salt form of an acid is expressed with practice, the obsolete commodity would be appropriate for each. the suffix ‘‘ate,’’ and therefore a salt of definition for ‘‘legume, forage’’ should Therefore, EPA is proposing, in 40 CFR nitrobenzoic acid should be termed a be revised to ‘‘vegetable, foliage of 180. 207, for resides of trifluralin to ‘‘nitrobenzoate.’’ While the tolerance legume, group 7’’ and ‘‘alfalfa, forage.’’ revise the commodity tolerance for expression for sodium acifluorfen in 40 Based on field residue data that indicate ‘‘vegetables, seed and pod’’ in 40 CFR CFR 180.383 is appropriate, EPA is residues of trifluralin as high as 2.2 ppm 180.207 at 0.05 ppm to ‘‘vegetable, proposing to revise only the name of the on alfalfa forage, the Agency determined legume, group 6’’ and ‘‘okra,’’ each at sodium salt of acifluorfen in the that the appropriate tolerance should be 0.05 ppm. tolerance expression from ‘‘sodium 5-[2- increased from 0.05 to 3.0 ppm. Based on data that indicate residues chloro-4-(trifluoromethyl)phenoxy]-2- Therefore, EPA is proposing to revise of trifluralin in or on alfalfa hay as high nitrobenzoic acid’’ to ‘‘sodium 5-[2- the commodity tolerance for ‘‘legume, as 1.6 ppm, the Agency determined that chloro-4-(trifluoromethyl)phenoxy]-2- forage’’ in 40 CFR 180.207 at 0.05 ppm the alfalfa hay tolerance should be nitrobenzoate.’’ into ‘‘vegetable, foliage of legume, group increased to 2.0 ppm. Therefore, EPA is Based on field trial data that indicate 7’’ at 0.05 ppm and an individual proposing to increase the tolerance in 40 residues of sodium acifluorfen in or on tolerance for ‘‘alfalfa, forage,’’ increasing CFR 180.207 for residues of trifluralin in rice straw as high as 0.124 ppm, the the tolerance for ‘‘alfalfa, forage’’ from or on ‘‘alfalfa, hay’’ from 0.2 to 2.0 ppm. Agency determined that the tolerance 0.05 to 3.0 ppm. Based on data that indicate residues for rice straw should be increased to 0.2 Because celery data will be translated of trifluralin in or on peanut hay, as ppm. Therefore, EPA is proposing to to endive, and because residue data are high as 0.014 ppm, the Agency increase the tolerance for ‘‘rice, straw’’ not available on all of the representative determined that a tolerance should be in 40 CFR 180.383 from 0.1 to 0.2 ppm. commodities from Crop Group 4, the established for peanut hay at 0.05 ppm. In order to conform to current Agency Agency determined that the commodity Therefore, EPA is proposing to establish practice in 40 CFR 180.383, EPA is group for ‘‘vegetable, leafy’’ should be a tolerance in 40 CFR 180.207 for

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residues of trifluralin in or on ‘‘peanut, proposing in 40 CFR 180.116 to amend tolerances at 7.0 ppm on ‘‘boysenberry’’; hay’’ at 0.05 ppm. the tolerance expression for residues of ‘‘dewberry’’; and ‘‘youngberry’’; are no Based on available mustard seed data ziram (zinc dimethyldithiocarbamate), longer needed because their uses are that indicate residues of trifluralin are from calculated as zineb (zinc covered by the existing tolerance at 7.0 non-detectable (<0.01 ppm), tree nut ethylenebisdithiocarbamate) to ppm on blackberry. Therefore, EPA is field trial data, and weight of evidence calculated as zineb (zinc proposing to revoke the tolerances in 40 for trifluralin residues in tree crops that ethylenebisdithiocarbamate) and carbon CFR 180.116 for ‘‘boysenberry’’; indicate residues of trifluralin in or on disulfide. ‘‘dewberry’’; and ‘‘youngberry.’’ almond hulls are expected to be non- Because the associated commodity In accordance with 40 CFR 180.1(h) detectable (<0.01 ppm), the Agency registrations have not been active since which indicates that the tolerance for determined that tolerances should be 1991 and the tolerances are no longer peach also covers the use in or on established for mustard seed and needed, EPA is proposing to revoke, in nectarines, the tolerance on nectarine is almond hulls, each at 0.05 ppm (the 40 CFR 180. 116, tolerances for residues no longer needed. Therefore, EPA is enforcement method LOQ). Therefore, of ziram in or on the following: proposing to remove the tolerance in 40 EPA is proposing to establish tolerances ‘‘Broccoli’’; ‘‘Brussel sprouts’’; ‘‘carrot, CFR 180.116 for residues of ziram in or in 40 CFR 180.207 for residues of root’’; ‘‘collards’’; ‘‘gooseberry’’; ‘‘kale’’; on ‘‘nectarine.’’ trifluralin in or on ‘‘mustard, seed’’ and ‘‘kohlrabi’’; ‘‘lettuce’’; ‘‘loganberry’’; Based on field trial data that indicate ‘‘almond, hulls;’’ each at 0.05 ppm. ‘‘onion’’; ‘‘peanut’’; ‘‘pea’’; ‘‘radish, residues of ziram in or on almond hulls Available data show that residues of roots’’; ‘‘radish, tops’’; ‘‘raspberry’’; as high as 18.6 ppm, the Agency has trifluralin in or on cotton gin ‘‘rutabaga, roots’’; ‘‘rutabaga, tops’’; determined that a tolerance should be byproducts are warranted at 0.05 ppm. ‘‘spinach’’; ‘‘turnip, greens’’; and established on almond hulls at 20 ppm. Therefore, EPA is proposing to establish ‘‘turnip, roots.’’ Therefore, EPA is proposing to establish a tolerance in 40 CFR 180.207 for Because registrations for ziram use on a tolerance in 40 CFR 180.116 for residues of trifluralin in or on ‘‘cotton, eggplant and pepper have not been ‘‘almond, hulls’’ at 20.0 ppm. gin byproducts’’ at 0.05 ppm. active since 1994, and the tolerances are Based on field trial data that indicate EPA is proposing to revise commodity no longer needed, EPA is proposing to residues of ziram in or on apricots as terminology in 40 CFR 180.207 to revoke, in 40 CFR 180.116, tolerances high as 18.5 ppm, the Agency conform to current Agency practice as for residues of ziram in or on the determined that the tolerance for apricot follows: ‘‘Hop’’ is proposed to be following: ‘‘eggplant’’ and ‘‘pepper.’’ should be increased to 20 ppm. changed to read ‘‘hop, dried cones’’ and Because registrations for ziram use on Therefore, the Agency is proposing to ‘‘sorghum, forage’’ is proposed to be bean, celery, cranberry, cucumber, increase the tolerance for ‘‘apricot’’ in changed to read ‘‘sorghum, grain, melon, pumpkin, and squash have not 40 CFR 180.116 from 7.0 to 20.0 ppm. forage.’’ been active since 1995, and the Based on field trial data that indicate 7. Ziram. Currently, tolerances for the tolerances are no longer needed, EPA is residues of ziram in or on apple, pear, fungicide ziram in 40 CFR 180.116 are proposing to revoke, in 40 CFR 180.116, and cherry at 5.6, and 5.7, and 5.5 ppm, expressed in terms of residues of ziram tolerances for residues of ziram in or on respectively, the Agency determined (zinc dimethyldithiocarbamate), the following: ‘‘Bean’’; ‘‘celery’’; that tolerances for apple, pear, and calculated as zineb (zinc ‘‘cranberry’’; ‘‘cucumber’’; ‘‘melon’’; cherry should be decreased to 6.0 ppm. ethylenebisdithiocarbamate). However, ‘‘pumpkin’’; ‘‘squash’’; and ‘‘squash, Therefore, EPA is proposing to decrease the tolerances for ziram and other summer.’’ the tolerances in 40 CFR 180.116 from dithiocarbamates are enforced by a Because the last food-use U.S. 7.0 to 6.0 ppm for the following: common moiety method that determines registration for ziram use on quince was ‘‘Apple’’; ‘‘pear’’; and ‘‘cherry.’’ carbon disulfide. (Decomposition or cancelled in 1996, and the tolerance is Based on field trial data that indicates acid digestion of dithiocarbamates no longer needed, EPA is proposing to residues of ziram in or on tomatoes at generates carbon disulfide). Also, the revoke the tolerance in 40 CFR 180. 116 less than 7.0 ppm, the Agency CODEX residue definition for for ziram residues in or on ‘‘quince.’’ determined that the tomato tolerance dithiocarbamates is expressed as carbon The last U.S. registration for ‘‘beet, should be decreased to 2.0 ppm. disulfide. Consequently, the Agency garden, roots’’; ‘‘beet, garden, tops’’; Therefore, EPA is proposing to decrease believes that the tolerance expression ‘‘cabbage’’; and ‘‘cauliflower;’’ was the tolerance for ‘‘tomato’’ in 40 CFR for ziram should be expressed in terms canceled due to non-payment of the 180.116 from 7.0 to 2.0 ppm. of carbon disulfide. Such a change in year 2005 maintenance fee as Also, while the ziram RED tolerance expression allows announced in a Federal Register Notice recommends revocation for the harmonization of U.S. tolerances with published on August 3, 2005 (70 FR tolerance on ‘‘strawberry,’’ active Codex MRLs and should also apply to 44637) (FRL–7726–4). The Agency registrations associated with that the other dithiocarbamate fungicides permitted the sale and distribution of commodity use currently exist, and that are determined by the carbon existing stocks until January 15, 2006. therefore the tolerance will not be disulfide common moiety method and The Agency believes that there is proposed for revocation at this time. have current tolerances. Nevertheless, sufficient time for end users to exhaust However, the Agency intends to follow- according to 40 CFR 180.3(d)(5), total those existing stocks and treated up with the registrants and expects to dithiocarbamate residue on the same commodities to clear the channels of propose revocation in a future Federal raw agricultural commodity shall not trade by January 15, 2007. Therefore, Register Notice. exceed that permitted by the highest EPA is proposing to revoke the tolerance for any one member of the tolerances in 40 CFR 180.116 for ziram B. What is the Agency’s Authority for class, calculated as zineb (zinc residues in or on ‘‘beet, garden, roots’’; Taking this Action? ethylenebisdithiocarbamate). ‘‘beet, garden, tops’’; ‘‘cabbage’’; and A ‘‘tolerance’’ represents the Consequently, in the interim, until all ‘‘cauliflower’’ each with an expiration/ maximum level for residues of pesticide dithiocarbamate tolerance expressions revocation date of January 15, 2007. chemicals legally allowed in or on raw can be changed simultaneously and 40 Active ziram registrations currently agricultural commodities and processed CFR section 180.3(d)(5) revised, EPA is exist for blackberries. However, ziram foods. Section 408 of FFDCA, 21 U.S.C.

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346a, as amended by the FQPA of 1996, eligible for reregistration. The REDs and revoke tolerances for residues on crops Public Law 104–170, authorizes the TREDs recommended the establishment, uses for which FIFRA registrations no establishment of tolerances, exemptions modification, and/or revocation of longer exist, unless someone expresses from tolerance requirements, specific tolerances. RED and TRED a need for such tolerances. Through this modifications in tolerances, and recommendations such as establishing proposed rule, the Agency is inviting revocation of tolerances for residues of or modifying tolerances, and in some individuals who need these import pesticide chemicals in or on raw cases revoking tolerances, are the result tolerances to identify themselves and agricultural commodities and processed of assessment under the FQPA standard the tolerances that are needed to cover foods. Without a tolerance or of ‘‘reasonable certainty of no harm.’’ imported commodities. exemption, food containing pesticide However, tolerance revocations Parties interested in retention of the residues is considered to be unsafe and recommended in REDs and TREDs that tolerances should be aware that therefore ‘‘adulterated’’ under section are proposed in this document do not additional data may be needed to 402(a) of the FFDCA, 21 U.S.C. 342(a). need such assessment when the support retention. These parties should Such food may not be distributed in tolerances are no longer necessary. be aware that, under FFDCA section interstate commerce (21 U.S.C. 331(a)). EPA’s general practice is to propose 408(f), if the Agency determines that For a food-use pesticide to be sold and revocation of tolerances for residues of additional information is reasonably distributed, the pesticide must not only pesticide active ingredients on crops for required to support the continuation of have appropriate tolerances under the which FIFRA registrations no longer a tolerance, EPA may require that FFDCA, but also must be registered exist and on which the pesticide may parties interested in maintaining the under FIFRA (7 U.S.C. 136 et seq.). therefore no longer be used in the tolerances provide the necessary Food-use pesticides not registered in the United States. EPA has historically been information. If the requisite information United States must have tolerances in concerned that retention of tolerances is not submitted, EPA may issue an order for commodities treated with that are not necessary to cover residues order revoking the tolerance at issue. those pesticides to be imported into the in or on legally treated foods may When EPA establishes tolerances for United States. encourage misuse of pesticides within pesticide residues in or on raw EPA is proposing these tolerance the United States. Nonetheless, EPA agricultural commodities, consideration actions to implement the tolerance will establish and maintain tolerances must be given to the possible residues recommendations made during the even when corresponding domestic uses of those chemicals in meat, milk, reregistration and tolerance are canceled if the tolerances, which poultry, and/or eggs produced by reassessment processes (including EPA refers to as ‘‘import tolerances,’’ are animals that are fed agricultural follow-up on canceled or additional necessary to allow importation into the products (for example, grain or hay) uses of pesticides). As part of these United States of food containing such containing pesticides residues (40 CFR processes, EPA is required to determine pesticide residues. However, where 180.6). When considering this whether each of the amended tolerances there are no imported commodities that possibility, EPA can conclude that: meets the safety standard of the Food require these import tolerances, the 1. Finite residues will exist in meat, Quality Protection Act (FQPA). The Agency believes it is appropriate to milk, poultry, and/or eggs. safety finding determination is revoke tolerances for unregistered 2. There is a reasonable expectation discussed in detail in each Post-FQPA pesticides in order to prevent potential that finite residues will exist. RED and TRED for the active ingredient. misuse. 3. There is a reasonable expectation REDs and TREDs recommend the Furthermore, as a general matter, the that finite residues will not exist. If implementation of certain tolerance Agency believes that retention of import there is no reasonable expectation of actions, including modifications to tolerances not needed to cover any finite pesticide residues in or on meat, reflect current use patterns, to meet imported food may result in milk, poultry, or eggs, tolerances do not safety findings, and change commodity unnecessary restriction on trade of need to be established for these names and groupings in accordance pesticides and foods. Under section 408 commodities (40 CFR 180.6(b) and (c)). with new EPA policy. Printed and of the FFDCA, a tolerance may only be EPA has evaluated certain specific electronic copies of the REDs and established or maintained if EPA meat, milk, poultry, and egg tolerances TREDs are available as provided in Unit determines that the tolerance is safe proposed for revocation in this rule and II.A. based on a number of factors, including has concluded that there is no EPA has issued post-FQPA REDs for an assessment of the aggregate exposure reasonable expectation of finite endosulfan, sodium acifluorfen, and to the pesticide and an assessment of pesticide residues of concern in or on ziram; and TREDs for fenarimol, the cumulative effects of such pesticide those commodities. imazalil, oryzalin, and trifluralin. (REDs and other substances that have a C. When do These Actions Become for oryzalin and trifluralin were both common mechanism of toxicity. In completed prior to FQPA. The imazalil doing so, EPA must consider potential Effective? RED followed the TRED and because contributions to such exposure from all With the exception of certain fenarimol was registered after November tolerances. If the cumulative risk is such tolerances for ziram for which EPA is 1, 1984, it did not need to undergo that the tolerances in aggregate are not proposing specific expiration/revocation reregistration, and therefore a RED was safe, then every one of these tolerances dates, the Agency is proposing that not needed). REDs and TREDs contain is potentially vulnerable to revocation. tolerance revocations, modifications, the Agency’s evaluation of the data base Furthermore, if unneeded tolerances are establishments, and commodity for these pesticides, including included in the aggregate and terminology revisions become effective requirements for additional data on the cumulative risk assessments, the on the date of publication of the final active ingredients to confirm the estimated exposure to the pesticide rule in the Federal Register. With the potential human health and would be inflated. Consequently, it may exception of ziram, the Agency believes environmental risk assessments be more difficult for others to obtain that the proposed revocations herein associated with current product uses, needed tolerances or to register needed will affect tolerances for uses which and in REDs state conditions under new uses. To avoid potential trade have been canceled for many years or which these uses and products will be restrictions, the Agency is proposing to are no longer needed and that treated

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commodities have had sufficient time foods meet the food safety standard subject to OMB approval under the for passage through the channels of established by the FFDCA. The same Paperwork Reduction Act (PRA), 44 trade. EPA is proposing an expiration/ food safety standards apply to U.S.C. 3501 et seq., or impose any revocation date of January 15, 2007, for domestically produced and imported enforceable duty or contain any certain ziram tolerances. The Agency foods. unfunded mandate as described under believes that this revocation date allows EPA is working to ensure that the U.S. Title II of the Unfunded Mandates users to exhaust stocks and allows tolerance reassessment program under Reform Act of 1995 (UMRA) (Public sufficient time for passage of treated FQPA does not disrupt international Law 104–4). Nor does it require any commodities through the channels of trade. EPA considers Codex Maximum special considerations as required by trade. However, if EPA is presented Residue Limits (MRLs) in setting U.S. Executive Order 12898, entitled Federal with information that existing stocks tolerances and in reassessing them. Actions to Address Environmental would still be available and that MRLs are established by the Codex Justice in Minority Populations and information is verified, the Agency will Committee on Pesticide Residues, a Low-Income Populations (59 FR 7629, consider extending the expiration date committee within the Codex February 16, 1994); or OMB review or of the tolerance. If you have comments Alimentarius Commission, an any other Agency action under regarding existing stocks and whether international organization formed to Executive Order 13045, entitled the effective date allows sufficient time promote the coordination of Protection of Children from for treated commodities to clear the international food standards. It is EPA’s Environmental Health Risks and Safety channels of trade, please submit policy to harmonize U.S. tolerances Risks (62 FR 19885, April 23, 1997). comments as described under with Codex MRLs to the extent possible, This action does not involve any SUPPLEMENTARY INFORMATION provided that the MRLs achieve the . technical standards that would require Any commodities listed in this level of protection required under Agency consideration of voluntary proposal treated with the pesticides FFDCA. EPA’s effort to harmonize with consensus standards pursuant to section subject to this proposal, and in the Codex MRLs is summarized in the 12(d) of the National Technology channels of trade following the tolerance reassessment section of Transfer and Advancement Act of 1995 tolerance revocations, shall be subject to individual Reregistration Eligibility (NTTAA), Public Law 104–113, section FFDCA section 408(1)(5), as established Decision documents. EPA has 12(d) (15 U.S.C. 272 note). Pursuant to by FQPA. Under this section, any developed guidance concerning the Regulatory Flexibility Act (RFA) (5 residues of these pesticides in or on submissions for import tolerance such food shall not render the food support (65 FR 35069, June 1, 2000) U.S.C. 601 et seq.), the Agency adulterated so long as it is shown to the (FRL–6559–3). This guidance will be previously assessed whether satisfaction of the Food and Drug made available to interested persons. establishment of tolerances, exemptions Administration that: (1) The residue is Electronic copies are available on the from tolerances, raising of tolerance present as the result of an application or internet at http://www.epa.gov. On the levels, expansion of exemptions, or use of the pesticide at a time and in a Home Page select ‘‘Laws, Regulations, revocations might significantly impact a manner that was lawful under FIFRA, and Dockets,’’ then select ‘‘Regulations substantial number of small entities and and (2) the residue does not exceed the and Proposed Rules’’ and then look up concluded that, as a general matter, level that was authorized at the time of the entry for this document under these actions do not impose a significant the application or use to be present on ‘‘Federal Register—Environmental economic impact on a substantial the food under a tolerance or exemption Documents.’’ You can also go directly to number of small entities. These analyses from tolerance. Evidence to show that the ‘‘Federal Register’’ listings at http:// for tolerance establishments and food was lawfully treated may include www.epa.gov/fedrgstr. modifications, and for tolerance revocations were published on May 4, records that verify the dates when the IV. Statutory and Executive Order pesticide was applied to such food. 1981 (46 FR 24950) and on December Reviews 17, 1997 (62 FR 66020), respectively, D. What Is the Contribution to Tolerance In this proposed rule, EPA is and were provided to the Chief Counsel Reassessment? proposing to establish tolerances under for Advocacy of the Small Business By law, EPA is required by August FFDCA section 408(e), and also modify Administration. Taking into account 2006 to reassess the tolerances in and revoke specific tolerances this analysis, and available information existence on August 2, 1996. As of established under FFDCA section 408. concerning the pesticides listed in this March 13, 2006, EPA has reassessed The Office of Management and Budget proposed rule, the Agency hereby over 7,860 tolerances. Regarding (OMB) has exempted these types of certifies that this proposed action will tolerances mentioned in this proposed actions (i.e., establishment and not have a significant negative economic rule, tolerances in existence as of modification of a tolerance and impact on a substantial number of small August 2, 1996, were previously tolerance revocation for which entities. In a memorandum dated May counted as reassessed at the time of the extraordinary circumstances do not 25, 2001, EPA determined that eight signature completion of a post-FQPA exist) from review under Executive conditions must all be satisfied in order RED or TRED for each active ingredient. Order 12866, entitled Regulatory for an import tolerance or tolerance Therefore, no further tolerance Planning and Review (58 FR 51735, exemption revocation to adversely affect reassessments would be counted toward October 4, 1993). Because this proposed a significant number of small entity the August 2006 review deadline. rule has been exempted from review importers, and that there is a negligible under Executive Order 12866 due to its joint probability of all eight conditions III. Are the Proposed Actions lack of significance, this proposed rule holding simultaneously with respect to Consistent with International is not subject to Executive Order 13211, any particular revocation. (This Agency Obligations? Actions Concerning Regulations That document is available in the docket of The tolerance revocations in this Significantly Affect Energy Supply, this proposed rule). Furthermore, for the proposal are not discriminatory and are Distribution, or Use (66 FR 28355, May pesticide named in this proposed rule, designed to ensure that both 22, 2001). This proposed rule does not the Agency knows of no extraordinary domestically produced and imported contain any information collections circumstances that exist as to the

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present proposal that would change the Thus, Executive Order 13175 does not endosulfan sulfate (6,7,8,9,10,10- EPA’s previous analysis. Any comments apply to this proposed rule. hexachloro-1,5,5a,6,9,9a-hexahydro-6,9- about the Agency’s determination methano-2,4,3-benzodioxathiepin-3,3- List of Subjects in 40 CFR Part 180 should be submitted to the EPA along dioxide) in or on the food commodities with comments on the proposal, and Environmental protection, as follows: will be addressed prior to issuing a final Administrative practice and procedure, rule. In addition, the Agency has Agricultural commodities, Pesticides Commodity Parts per determined that this action will not and pests, Reporting and recordkeeping million requirements. have a substantial direct effect on States, Alfalfa, fresh ...... 0.3 on the relationship between the national Dated: April 11, 2006. Alfalfa, hay ...... 1.0 government and the States, or on the James Jones, Almond ...... 0.3 distribution of power and Director, Office of Pesticide Programs. Almond, hulls ...... 1.0 Apple ...... 1.0 responsibilities among the various Therefore, it is proposed that 40 CFR levels of government, as specified in Apple, wet pomace ...... 5.0 chapter I be amended as follows: Apricot ...... 2.0 Executive Order 13132, entitled Barley, grain ...... 0.3 Federalism (64 FR 43255, August 10, PART 180—AMENDED Barley, straw ...... 0.4 1999). Executive Order 13132 requires 1. The authority citation for part 180 Bean ...... 2.0 EPA to develop an accountable process Blueberry ...... 0.3 to ensure ‘‘meaningful and timely input continues to read as follows: Broccoli ...... 3.0 by State and local officials in the Authority: 21 U.S.C. 321(q), 346a and 371. Brussels sprouts ...... 2.0 Cabbage ...... 4.0 development of regulatory policies that 2. Section 180.116 is amended by have federalism implications.’’ ‘‘Policies Carrot, roots ...... 0.2 revising paragraph (a) to read as follows: Cattle, fat ...... 13.0 that have federalism implications’’ is Cattle, liver ...... 5.0 defined in the Executive Order to § 180.116 Ziram; tolerances for residues. Cattle, meat ...... 2.0 include regulations that have (a) General. Tolerances are Cattle, meat byproducts, except ‘‘substantial direct effects on the States, established for residues of the fungicide liver ...... 1.0 on the relationship between the national ziram (zinc dimethyldithiocarbamate) Cauliflower ...... 2.0 government and the States, or on the calculated as zineb (zinc Celery ...... 8.0 distribution of power and ethylenebisdithiocarbamate) and carbon Cherry, sour ...... 2.0 responsibilities among the various Cherry, sweet ...... 2.0 disulfide, in or on the following food Collards ...... 2.0 levels of government.’’ This proposed commodities: Corn, sweet, forage ...... 12.0 rule directly regulates growers, food Corn, sweet, kernel plus cob processors, food handlers and food Parts per Expiration/ with husks removed ...... 0.2 retailers, not States. This action does not Commodity million Revocation Corn, sweet, stover ...... 14.0 alter the relationships or distribution of Date Cotton, gin byproducts ...... 30.0 Cotton, undelinted seed ...... 1.0 power and responsibilities established Almond ...... 0.11 None by Congress in the preemption 1 Eggplant ...... 1.0 Almond, hulls 20.0 None Filbert ...... 0.2 provisions of section 408(n)(4) of the Apple ...... 6.01 None 1 Goat, fat ...... 13.0 FFDCA. For these same reasons, the Apricot ...... 20.0 None Goat, liver ...... 5.0 Agency has determined that this Beet, garden, 1 Goat, meat ...... 2.0 proposed rule does not have any ‘‘tribal roots ...... 7.0 1/15/07 Goat, meat byproducts, except implications’’ as described in Executive Beet, garden, liver ...... 1.0 1 tops ...... 7.0 1/15/07 Grape ...... 2.0 Order 13175, entitled Consultation and 1 Blackberry ..... 7.0 None Hog, fat ...... 13.0 Coordination with Indian Tribal 1 Blueberry ...... 7.0 None Hog, liver ...... 5.0 Governments (65 FR 67249, November 1 Cabbage ...... 7.0 1/15/07 Hog, meat ...... 2.0 6, 2000). Executive Order 13175, 1 Cauliflower .... 7.0 1/15/07 Hog, meat byproducts, except requires EPA to develop an accountable 1 Cherry ...... 6.0 None liver ...... 1.0 1 process to ensure ‘‘meaningful and Grape ...... 7.0 None Horse, fat ...... 13.0 1 timely input by tribal officials in the Huckleberry ... 7.0 None Horse, liver ...... 5.0 1 development of regulatory policies that Peach ...... 7.0 None Horse, meat ...... 2.0 1 have tribal implications.’’ ‘‘Policies that Pear ...... 6.0 None Horse, meat byproducts, except 1 Pecan ...... 0.1 None liver ...... 1.0 have tribal implications’’ is defined in 1 the Executive Order to include Strawberry .... 7.0 None Kale ...... 2.0 Tomato ...... 2.01 None regulations that have ‘‘substantial direct Lettuce, head ...... 11.0 effects on one or more Indian tribes, on 1 See footnote 1 to § 180.114. Lettuce, leaf ...... 6.0 Milk, fat (=N in whole milk) ...... 2.0 the relationship between the Federal * * * * * Mustard greens ...... 2.0 Government and the Indian tribes, or on 3. Section 180.182 is amended by Mustard, seed ...... 0.2 the distribution of power and revising paragraph (a) to read as follows: Nectarine ...... 2.0 responsibilities between the Federal Nut, macadamia ...... 0.2 Government and Indian tribes.’’ This § 180.182 Endosulfan; tolerances for Oat, grain ...... 0.3 proposed rule will not have substantial residues. Oat, straw ...... 0.4 direct effects on tribal governments, on (a) General. (1) Tolerances are Peach ...... 2.0 the relationship between the Federal established for the combined residues of Pear ...... 2.0 Pea, succulent ...... 2.0 Government and Indian tribes, or on the the insecticide endosulfan Pecan ...... 0.2 distribution of power and (6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a- Pepper ...... 2.0 responsibilities between the Federal hexahydro-6,9-methano-2,4,3- Pineapple ...... 1.0 Government and Indian tribes, as benzodioxathiepin-3-oxide) (alpha and Pineapple, process residue ...... 20.0 specified in Executive Order 13175. beta isomers) and its metabolite Plum ...... 2.0

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Parts per Parts per registration, as defined in § 180.1(n), are Commodity million Commodity million established for residues of oryzalin (3,5- dinitro-N4,N4-dipropylsulfanilamide) in Plum, prune ...... 2.0 Endive ...... 0.05 or on the following raw agricultural Potato ...... 0.2 Flax, seed ...... 0.05 commodities: Rapeseed, seed ...... 0.2 Fruit, citrus, group 10 ...... 0.05 Rye, grain ...... 0.3 Fruit, stone, group 12 ...... 0.05 Grape ...... 0.05 Parts per Rye, straw ...... 0.3 Commodity million Sheep, fat ...... 13.0 Hop, dried cones ...... 0.05 Sheep, liver ...... 5.0 Mustard, seed ...... 0.05 Guava ...... 0.05 Sheep, meat ...... 2.0 Nut, tree, group 14 ...... 0.05 Papaya ...... 0.05 Sheep, meat byproducts, ex- Okra ...... 0.05 cept liver ...... 1.0 Peanut ...... 0.05 Spinach ...... 2.0 Peanut, hay ...... 0.05 (d) Indirect or inadvertent residues. Strawberry ...... 2.0 Peppermint oil ...... 2.0 [Reserved] Sugarcane, cane ...... 0.5 Peppermint, tops ...... 0.05 6. Section 180.383 is amended by Sweet potato, roots ...... 0.15 Rapeseed, seed ...... 0.05 revising paragraph (a) to read as follows: Tomato ...... 1.0 Safflower, seed ...... 0.05 Turnip, roots ...... 0.2 Sorghum, grain, forage ...... 0.05 § 180.383 Sodium salt of acifluorfen; Turnip, tops ...... 2.0 Sorghum, grain, grain ...... 0.05 tolerances for residues. Vegetable, cucurbit, group 9 .... 1.0 Sorghum, grain, stover ...... 0.05 (a) General. Tolerances are Walnut ...... 0.2 Spearmint oil ...... 2.0 established for the combined residues of Watercress ...... 2.0 Spearmint, tops ...... 0.05 the herbicide sodium salt of acifluorfen Wheat, grain ...... 0.3 Sugarcane, cane ...... 0.05 (sodium 5-[2-chloro-4- Wheat, straw ...... 0.4 Sunflower, seed ...... 0.05 Vegetable, brassica, leafy (trifluoromethyl)phenoxy]-2- nitrobenzoate) and its metabolites (the (2) A tolerance of 24 parts per million group 5 ...... 0.05 Vegetable, bulb, group 3 ...... 0.05 corresponding acid, methyl ester, and is established for the combined residues Vegetable, cucurbit, group 9 .... 0.05 amino analogues) in or on the following of the insecticide endosulfan Vegetable, foliage of legume, raw agricultural commodities: (6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a- group 7 ...... 0.05 hexahydro-6,9-methano-2,4,3- Vegetable, fruiting, group 8 ...... 0.05 Parts per benzodioxathiepin-3-oxide) (alpha and Vegetable, leaves of root and Commodity million beta isomers) and its metabolite tuber, group 2 ...... 0.05 endosulfan sulfate (6,7,8,9,10,10- Vegetable, legume, group 6 ..... 0.05 Peanut ...... 0.1 hexachloro-1,5,5a,6,9,9a-hexahydro-6,9- Vegetable, root and tuber, Rice, grain ...... 0.1 methano-2,4,3-benzodioxathiepin-3,3- group 1, except carrot ...... 0.05 Rice, straw ...... 0.2 Wheat, grain ...... 0.05 Soybean, seed ...... 0.1 dioxide) in or on dried tea (reflecting Wheat, straw ...... 0.05 Strawberry ...... 0.05 less than 0.1 part per million residues in beverage tea) resulting from * * * * * * * * * * application of the insecticide to growing 5. Section 180.304 is revised to read 7. Section 180.413 is amended by tea. as follows: revising paragraph (a) to read as follows: * * * * * § 180.304 Oryzalin; tolerances for § 180.413 Imazalil; tolerances for residues. residues. 4. Section 180.207 is amended by (a) General. (1) Tolerances are revising paragraph (a) to read as follows: (a) General. Tolerances are established for the combined residues of established for residues of the herbicide the fungicide imazalil 1-[2-(2,4- § 180.207 Trifluralin; tolerances for 4 4 residues. oryzalin (3,5-dinitro-N ,N - dichlorophenyl)-2-(2- dipropylsulfanilamide) in or on the propenyloxy)ethyl]-1H-imidazole and (a) General. Tolerances are following raw agricultural commodities: established for residues of the herbicide its metabolite 1-(2,4-dichlorophenyl)-2- (1H-imidazole-1-yl)-1-ethanol in or on and plant growth regulator trifluralin Parts per (alpha, alpha, alpha-trifluoro-2,6- Commodity million the following food commodities: dinitro-N,N-dipropyl-p-toluidine) in or Almond, hulls ...... 0.05 Parts per on the following raw agricultural Commodity million commodities: Avocado ...... 0.05 Berry, group 13 ...... 0.05 Cranberry ...... 0.05 Banana ...... 3.0 Parts per Barley, grain ...... 0.1 Commodity million Fig ...... 0.05 Fruit, citrus, group 10 ...... 0.05 Barley, hay ...... 0.5 Fruit, pome, group 11 ...... 0.05 Barley, straw ...... 0.5 Alfalfa, forage ...... 3.0 Citrus, dried pulp ...... 25.0 Alfalfa, hay ...... 2.0 Fruit, stone, group 12 ...... 0.05 Grape ...... 0.05 Citrus, oil ...... 200.0 Almond, hulls ...... 0.05 Fruit, citrus, postharvest ...... 10.0 Asparagus ...... 0.05 Kiwifruit ...... 0.05 Nut, tree, group 14 ...... 0.05 Wheat, forage ...... 0.5 Barley, grain ...... 0.05 Wheat, grain ...... 0.1 Barley, hay ...... 0.05 Olive ...... 0.05 Pistachio ...... 0.05 Wheat, hay ...... 0.5 Barley, straw ...... 0.05 Wheat, straw ...... 0.5 Carrot, roots ...... 1.0 Pomegranate ...... 0.05 Celery ...... 0.05 Strawberry ...... 0.05 Corn, field, forage ...... 0.05 (2) Tolerances are established for the Corn, field, grain ...... 0.05 (b) Section 18 emergency exemptions. combined residues of the fungicide Corn, field, stover ...... 0.05 [Reserved] imazalil 1-[2-(2,4-dichlorophenyl)-2-(2- Cotton, gin byproducts ...... 0.05 (c) Tolerances with regional propenyloxy)ethyl]-1H-imidazole, and Cotton, undelinted seed ...... 0.05 registrations. Tolerances with regional its metabolites, 3-[2-(2,4-

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dichlorophenyl)-2-(2,3- ENVIRONMENTAL PROTECTION • E-mail: [email protected]. dihydroxypropoxy)ethyl]-2,4- AGENCY • Fax: 303–312–6961 imidazolidinedione (FK772) and 3-[2- • Mail: Ms. Jennifer Chergo, (2,4-dichlorophenyl)-2-(hydroxy)]-2,4- 40 CFR Part 300 Community Involvement Coordinator (8OC), U.S. EPA, Region 8, 999 18th imidazolidinedione (FK284) in or on the [EPA–HQ–SFUND–1987–0002; FRL–8161–6] following food commodities: Street, Suite 300, Denver, Colorado, National Oil and Hazardous 80202–2466. • Hand Delivery: 999 18th Street, Commodity Parts per Substances Pollution Contingency million Plan; National Priorities List Suite 300, Denver, Colorado, 80202– 2466. Such deliveries are only accepted Cattle, fat ...... 0.01 AGENCY: Environmental Protection during the Docket’s normal hours of Cattle, meat ...... 0.01 Agency (EPA). operation, and special arrangements Cattle, meat byproducts ...... 0.2 ACTION Goat, fat ...... 0.01 : Notice of intent for partial should be made for deliveries of boxed Goat, meat ...... 0.01 deletion of the Rocky Mountain Arsenal information. Goat, meat byproducts ...... 0.2 National Priorities List Site from the INSTRUCTIONS: Direct your comments Horse, fat ...... 0.01 National Priorities List. to Docket ID No. EPA–HQ–SFUND– Horse, meat ...... 0.01 1987–0002. EPA’s policy is that all Horse, meat byproducts ...... 0.2 SUMMARY: The Environmental Protection comments received will be included in Milk ...... 0.02 Agency (EPA) Region 8 announces its the public docket without change and Sheep, fat ...... 0.01 intent to delete the Internal Parcel, may be made available online at http:// Sheep, meat ...... 0.01 encompassing 7,399 acres of the Rocky www.regulations.gov, including any Sheep, meat byproducts ...... 0.2 Mountain Arsenal National Priorities personal information provided, unless List Site (RMA/NPL Site) On-Post the comment includes information * * * * * Operable Unit (OU), from the National claimed to be Confidential Business 8. Section 180.421 is amended by Priorities List (NPL) and requests public Information (CBI) or other information revising paragraph (a) to read as follows: comment on this proposed action. The whose disclosure is restricted by statute. NPL constitutes Appendix B of 40 CFR Do not submit information that you § 180.421 Fenarimol; tolerances for Part 300, which is the National Oil and consider to be CBI or otherwise residues. Hazardous Substances Pollution protected through http:// (a) General. Tolerances are Contingency Plan (NCP), which EPA www.regulations.gov or e-mail. The established for residues of the fungicide promulgated pursuant to Section 105 of http://www.regulations.gov Web site is fenarimol [alpha-(2-chlorophenyl)- the Comprehensive Environmental an ‘‘anonymous access’’ system, which alpha-(4-chlorophenyl)-5- Response, Compensation, and Liability means EPA will not know your identity pyrimidinemethanol] in or on the Act (CERCLA). or contact information unless you following raw agricultural commodities: EPA bases its proposal to delete the provide it in the body of your comment. Internal Parcel of the RMA/NPL Site on If you send an e-mail comment directly the determination by EPA and the State Commodity Parts per to EPA without going through http:// million of Colorado, through the Colorado www.regulations.gov, your e-mail Department of Public Health and address will be automatically captured Apple ...... 0.1 Environment (CDPHE), that all and included as part of the comment Apple, wet pomace ...... 0.3 appropriate actions under CERCLA have Banana1 ...... 0.25 that is placed in the public docket and Cherry ...... 1.0 been implemented to protect human made available on the Internet. If you Cattle, fat ...... 0.01 health, welfare and the environment submit an electronic comment, EPA Cattle, kidney ...... 0.01 and that no further response action by recommends that you include your Cattle, meat ...... 0.01 responsible parties is appropriate. name and other contact information in Cattle, meat byproducts, except This partial deletion pertains to the the body of your comment and with any kidney ...... 0.05 surface media (soil, surface water, disk or CD–ROM you submit. If EPA Goat, fat ...... 0.01 sediment) and structures within the cannot read your comment due to Goat, kidney ...... 0.01 Internal Parcel of the On-Post OU of the Goat, meat ...... 0.01 technical difficulties and cannot contact RMA/NPL Site as well as the you for clarification, EPA may not be Goat, meat byproducts, except groundwater below the Internal Parcel kidney ...... 0.05 able to consider your comment. Grape ...... 0.1 that is east of E Street, with the Electronic files should avoid the use of Horse, fat ...... 0.01 exception of a small area of special characters, any form of Horse, kidney ...... 0.01 contaminated groundwater located in encryption, and be free of any defects or Horse, meat ...... 0.01 the northwest corner of Section 6. The viruses. Horse, meat byproducts, except rest of the On-Post OU, including Docket: All documents in the docket kidney ...... 0.05 groundwater below RMA that is west of are listed in the http:// Pear ...... 0.1 E Street, and the Off-Post OU will www.regulations.gov index. Although Pecan ...... 0.02 remain on the NPL and response listed in the index, some information is Sheep, fat ...... 0.01 activities will continue at those OUs. Sheep, kidney ...... 0.01 not publicly available, e.g., CBI or other Sheep, meat ...... 0.01 DATES: Comments must be received on information whose disclosure is Sheep, meat byproducts, ex- or before on or before May 26, 2006. restricted by statute. Certain other cept kidney ...... 0.05 ADDRESSES: Submit your comments, material, such as copyrighted material, will be publicly available only in hard 1 There are no U.S. registrations for banana identified by Docket ID No. EPA–HQ– as of April 26, 1995. SFUND–1987–0002, by one of the copy. Publicly available docket following methods: materials are available either * * * * * • http://www.regulations.gov: Follow electronically in http:// [FR Doc. E6–6207 Filed 4–25–06; 8:45 am] the on-line instruction for submitting www.regulations.gov or in hard copy at BILLING CODE 6560–50–S comments. the EPA’s Region 8 Superfund Records

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