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instructions provided in Unit I.B. of the ENVIRONMENTAL PROTECTION without change and may be made SUPPLEMENTARY INFORMATION of the AGENCY available on-line at http:// April 6, 2007 proposed rule. www.regulations.gov, including any 40 CFR Part 180 personal information provided, unless II. What Action is EPA Taking? [EPA–HQ–OPP–2007–0097; FRL–8122–7] the comment includes information This document reopens the comment claimed to be Confidential Business period established in a proposed rule Captan, 2,4-D, Dodine, DCPA, Information (CBI) or other information published in the Federal Register of , Fomesafen, Propyzamide, whose disclosure is restricted by statute. April 6, 2007 (72 FR 17068) (FRL–8119– Ethofumesate, Permethrin, Dimethipin, Do not submit information that you 8). In that document, pursuant to and Fenarimol; Proposed Tolerance consider to be CBI or otherwise Actions FFDCA section 201(q)(3), EPA proposed protected through regulations.gov or e- mail. The Federal regulations.gov to amend the current exception at 40 AGENCY: Environmental Protection website is an ‘‘anonymous access’’ CFR §180.4 such that inert ingredients Agency (EPA). of food packaging (paper and system, which means EPA will not ACTION: Proposed rule. know your identity or contact paperboard, coatings, adhesives and information unless you provide it in the polymers) are excepted from the SUMMARY: EPA is proposing to revoke body of your comment. If you send an definition of ‘‘pesticide chemical’’ or certain tolerances for captan, 2,4-D, e-mail comment directly to EPA without ‘‘pesticide chemical residue’’, when the dodine, endothall, propyzamide, going through regulations.gov, your e- food packaging has been treated with a permethrin, ethofumesate and mail address will be automatically pesticide. EPA is reopening the dimethipin. Also, EPA is proposing to modify certain tolerances for captan, captured and included as part of the comment period for 30 days. The new comment that is placed in the docket comment period ends on July 6, 2007. 2,4-D, dodine, DCPA, endothall, propyzamide, permethrin, and made available on the Internet. If III. What is the Agency’s Authority for ethofumesate, and fomesafen. In you submit an electronic comment, EPA Taking this Action? addition, EPA is proposing to establish recommends that you include your new tolerances for captan, 2,4-D, name and other contact information in Section 201(q)(3) of FFDCA, as dodine, propyzamide, permethrin, and the body of your comment and with any amended by the Food Quality Protection ethofumesate. The regulatory actions disk or CD-ROM you submit. If EPA Act (FQPA), allows the Administrator, proposed in this document are in cannot read your comment due to under specified conditions, to except by follow-up to the Agency’s reregistration technical difficulties and cannot contact regulation certain substances from the program under the Federal Insecticide, you for clarification, EPA may not be definition of ‘‘pesticide chemical’’ or Fungicide, and Rodenticide Act able to consider your comment. ‘‘pesticide chemical residue’’ if- (FIFRA), and the tolerance reassessment Electronic files should avoid the use of (A) Its occurrence as a residue on or requirements of the Federal Food, Drug, special characters, any form of in a raw agricultural commodity or and Cosmetic Act (FFDCA) section encryption, and be free of any defects or processed food is attributable primarily 408(q). viruses. to natural causes or human activities not DATES: Comments must be received on Docket: All documents in the docket involving the use of any substance for or before August 6, 2007. are listed in the docket index available a pesticidal purpose in the production, ADDRESSES: Submit your comments, in regulations.gov. To access the storage, processing, or transportation of identified by docket identification (ID) electronic docket, go to http:// any raw agricultural commodity or number EPA–HQ–OPP–2007–0097, by www.regulations.gov, select ‘‘Advanced processed food; and one of the following methods: Search,’’ then ‘‘Docket Search.’’ Insert • the docket ID number where indicated (B) The Administrator, after Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line and select the ‘‘Submit’’ button. Follow consultation with the Secretary, the instructions on the regulations.gov determines that the substance more instructions for submitting comments. • Mail: Office of Pesticide Programs web site to view the docket index or appropriately should be regulated under (OPP) Regulatory Public Docket (7502P), access available documents. Although one or more provisions of this Act other Environmental Protection Agency, 1200 listed in the index, some information is than sections 402(a)(2)(B) and 408. Pennsylvania Ave., NW., Washington, not publicly available, e.g., CBI or other List of Subjects in 40 CFR Part 180 DC 20460–0001. information whose disclosure is • Delivery: OPP Regulatory Public restricted by statute. Certain other Environmental protection, Docket (7502P), Environmental material, such as copyrighted material, Administrative practice and procedure, Protection Agency, Rm. S-4400, One is not placed on the Internet and will be Agricultural commodities, Pesticides Potomac Yard (South Bldg.), 2777 S. publicly available only in hard copy and pests, Reporting and record-keeping Crystal Dr., Arlington, VA. Deliveries form. Publicly available docket requirements. are only accepted during the Docket’s materials are available either in the electronic docket at http:// Dated: May 21, 2007. normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, www.regulations.gov, or, if only Janet L. Andersen, excluding legal holidays). Special available in hard copy, at the OPP Director, Biopesticides and Pollution arrangements should be made for Regulatory Public Docket in Rm. S-4400, Prevention Division, Office of Pesticide deliveries of boxed information. The One Potomac Yard (South Bldg.), 2777 Programs Docket telephone number is (703) 305– S. Crystal Dr., Arlington, VA. The hours [FR Doc. E7–10693 Filed 6–5–07; 8:45 am] 5805. of operation of this Docket Facility are BILLING CODE 6560–50–S Instructions: Direct your comments to from 8:30 a.m. to 4 p.m., Monday docket ID number EPA–HQ–OPP–2007– through Friday, excluding legal 0097. EPA’s policy is that all comments holidays. The Docket Facility telephone received will be included in the docket number is (703) 305–5805.

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FOR FURTHER INFORMATION CONTACT: Jane 2. Tips for preparing your comments. II. Background Smith, Special Review and When submitting comments, remember A. What Action is the Agency Taking? Reregistration Division (7508P), Office to: of Pesticide Programs, Environmental i. Identify the document by docket ID EPA is proposing to revoke, remove, Protection Agency, 1200 Pennsylvania number and other identifying modify, and establish specific tolerances Ave., NW., Washington, DC 20460– information (subject heading, Federal for residues of the fungicides captan, 0001; telephone number: (703) 308– Register date and page number). dodine, and fenarimol; the 0048; e-mail address: smith.jane- ii. Follow directions. The Agency may 2,4-D, DCPA, endothall, propyzamide, [email protected]. ask you to respond to specific questions ethofumesate, dimethipin and or organize comments by referencing a fomesafen; and the insecticide SUPPLEMENTARY INFORMATION: Code of Federal Regulations (CFR) part permethrin in or on the commodities I. General Information or section number. listed in the regulatory text. iii. Explain why you agree or disagree; EPA is proposing these tolerance A. Does this Action Apply to Me? suggest alternatives and substitute actions to implement the tolerance You may be potentially affected by language for your requested changes. recommendations made during the this action if you are an agricultural iv. Describe any assumptions and reregistration and tolerance producer, food manufacturer, or provide any technical information and/ reassessment processes (including pesticide manufacturer. Potentially or data that you used. follow-up on canceled or additional affected entities may include, but are v. If you estimate potential costs or uses of pesticides). As part of these not limited to: burdens, explain how you arrived at processes, EPA is required to determine • Crop production (NAICS code 111). your estimate in sufficient detail to whether each of the amended tolerances • Animal production (NAICS code allow for it to be reproduced. meets the safety standard of the Food 112). vi. Provide specific examples to Quality Protection Act (FQPA). The • Food manufacturing (NAICS code illustrate your concerns and suggest safety finding determination of 311). alternatives. ‘‘reasonable certainty of no harm’’ is • Pesticide manufacturing (NAICS vii. Explain your views as clearly as discussed in detail in each code 32532). possible, avoiding the use of profanity Reregistration Eligibility Decision (RED) This listing is not intended to be or personal threats. and Report of the Food Quality exhaustive, but rather provides a guide viii. Make sure to submit your Protection Act (FQPA) Tolerance for readers regarding entities likely to be comments by the comment period Reassessment Progress and Risk affected by this action. Other types of deadline identified. Management Decision (TRED) for the entities not listed in this unit could also active ingredient. REDs and TREDs C. What Can I do if I Wish the Agency be affected. The North American recommend the implementation of to Maintain a Tolerance that the Agency Industrial Classification System certain tolerance actions, including Proposes to Revoke? (NAICS) codes have been provided to modifications to reflect current use assist you and others in determining This proposed rule provides a patterns, meet safety findings, and whether this action might apply to comment period of 60 days for any change commodity names and certain entities. To determine whether person to state an interest in retaining groupings in accordance with new EPA you or your business may be affected by a tolerance proposed for revocation. If policy. Printed copies of many REDs this action, you should carefully EPA receives a comment within the 60– and TREDs may be obtained from EPA’s examine the applicability provisions in day period to that effect, EPA will not National Service Center for Unit II.A. If you have any questions proceed to revoke the tolerance Environmental Publications (EPA/ regarding the applicability of this action immediately. However, EPA will take NSCEP), P.O. Box 42419, Cincinnati, to a particular entity, consult the person steps to ensure the submission of any OH 45242–2419; telephone 1 (800) 490– listed under FOR FURTHER INFORMATION needed supporting data and will issue 9198; fax 1 (513) 489-8695; internet at CONTACT. an order in the Federal Register under http://www.epa.gov/ncepihom/ and FFDCA section 408(f) if needed. The from the National Technical Information B. What Should I Consider as I Prepare order would specify data needed and Service (NTIS), 5285 Port Royal Road, My Comments for EPA? the time frames for its submission, and Springfield, VA 22161; telephone 1 1. Submitting CBI. Do not submit this would require that within 90 days some (800) 553–6847 or (703) 605–6000; information to EPA through person or persons notify EPA that they internet at http://www.ntis.gov/. regulations.gov or e-mail. Clearly mark will submit the data. If the data are not Electronic copies of REDs and TREDs the part or all of the information that submitted as required in the order, EPA are available on the internet at http:// you claim to be CBI. For CBI will take appropriate action under www.epa.gov/pesticides/reregistration/ information in a disk or CD ROM that FFDCA. status.htm. you mail to EPA, mark the outside of the EPA issues a final rule after The selection of an individual disk or CD ROM as CBI and then considering comments that are tolerance level is based on crop field identify electronically within the disk or submitted in response to this proposed residue studies designed to produce the CD ROM the specific information that is rule. In addition to submitting maximum residues under the existing or claimed as CBI. In addition to one comments in response to this proposal, proposed product label. Generally, the complete version of the comment that you may also submit an objection at the level selected for a tolerance is a value includes information claimed as CBI, a time of the final rule. If you fail to file slightly above the maximum residue copy of the comment that does not an objection to the final rule within the found in such studies. The evaluation of contain the information claimed as CBI time period specified, you will have whether a tolerance is safe is a separate must be submitted for inclusion in the waived the right to raise any issues inquiry. EPA recommends the raising of public docket. Information so marked resolved in the final rule. After the a tolerance when data show that: (1) will not be disclosed except in specified time, issues resolved in the Lawful use (sometimes through a label accordance with procedures set forth in final rule cannot be raised again in any change) may result in a higher residue 40 CFR part 2. subsequent proceedings. level on the commodity; and, (2) the

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tolerance remains safe, not withstanding discussed in detail in each RED. The conform to current Agency practice, 40 increased residue level allowed under references are available for inspection as CFR 180.103(b) should now be the tolerance. In REDs, Chapter IV on described in this document under designated for section 18 emergency ‘‘Risk Management, Reregistration, and SUPPLEMENTARY INFORMATION. exemptions - reserved; add paragraph Tolerance Reassessment’’ typically In addition, EPA is proposing to (c) for regional registrations - reserved; describes the regulatory position, FQPA revoke certain specific tolerances and add paragraph (d) for indirect or assessment, cumulative safety because either they are no longer inadvertent residues - reserved. determination, determination of safety needed or are associated with food uses Therefore, EPA proposes that the for the U.S. general population, and that are no longer registered under interim tolerances listed in 40 CFR safety for infants and children. In FIFRA. The registrations for these 180.103(b) be transferred to 40 CFR particular, the human health risk pesticide chemicals were canceled 180.103(a)(1); paragraph (b) be revised assessment document which supports because the registrant failed to pay the to (b) section 18 emergency exemptions the RED describes risk exposure required maintenance fee and/or the - reserved; add paragraph (c) regional estimates and whether the Agency has registrant voluntarily requested registrations - reserved; and add concerns. In TREDs, the Agency cancellation of one or more registered paragraph (d) indirect or inadvertent discusses its evaluation of the dietary uses of the pesticide. It is EPA’s general residues - reserved. risk associated with the active practice to propose revocation of those Based on available field trial data that ingredient and whether it can determine tolerances for residues of pesticide indicate residues of captan as high as that there is a reasonable certainty (with active ingredients on crop uses for 0.18 parts per million (ppm) in/on appropriate mitigation) that no harm to which there are no active registrations almonds, 54.91 ppm in/on almond any population subgroup will result under FIFRA, unless any person in hulls, 7 ppm in/on apricot, 18.3 ppm in/ from aggregate exposure. EPA also seeks comments on the proposal indicates a on blueberries, 36 ppm in/on cherries, to harmonize tolerances with need for the tolerance to cover residues 22.4 ppm in/on grapes, 10 ppm in/on international standards set by the Codex in or on imported commodities or nectarines, 14 ppm in/on peach, 8 ppm Alimentarius Commission, as described domestic commodities legally treated. in/on plum, 2 ppm in/on prune, 12 ppm in Unit III. 1. Captan. Tolerances are currently in/on plum/prune juice, and 13 ppm in/ Explanations for proposed established for both plant and animal on strawberries, the Agency determined modifications in tolerances can be commodities in 40 CFR 180.103(a) for that the tolerance should be decreased found in the RED and TRED document residues of the fungicide, captan (N- to 0.25 ppm in/on almonds, 75 ppm in/ and in more detail in the Residue trichloromethylthio-4-cyclohexene-1,2- on almond hulls, 10 ppm in/on apricots, Chemistry Chapter document which dicarboximide) for preharvest and 20 ppm in/on blueberries, 50 ppm in/on supports the RED and TRED. Copies of postharvest uses or combinations of cherries, 25 ppm in/on grapes, 25 ppm the Residue Chemistry Chapter such uses in or on plant and animal in/on nectarines, 15 ppm in/on peaches, documents are found in the commodities. This use-pattern timing 10 ppm in/on plums and 20 ppm in/on Administrative Record and electronic related language, preharvest and strawberry. The tolerance for copies are available through EPA’s postharvest, is impractical and should strawberries was also decreased to electronic public docket and comment be removed because enforcement harmonize with the Codex alimentarius. system, regulations.gov at http:// officials would rarely be able to Therefore, EPA proposes decreasing www.regulations.gov/. You may search determine the timing of the application. tolerances in newly revised 40 CFR for docket number EPA–HQ–OPP–007– Also, the Agency has determined that 180.103(a)(1) for captan residues of 0097 and also EPA–HQ–OPP–2005– the residues of concern are captan per concern in plants in or on almond from 0266 (dodine); EPA–HQ–OPP–2004– se in plants and that the metabolite 2 to 0.25 ppm; almond, hulls from 100 0370 (endothall); EPA–HQ–OPP–2004– 1,2,3,6-tetrahydrophthalimide (THPI) of to 75 ppm; apricot from 50 to 10 ppm; 0380 (dimethipin); EPA–HQ–OPP– captan is of toxicological concern and blueberry from 25 to 20 ppm; cherry at 2002–0159 (propyzamide); EPA–HQ– should be regulated in/on animal 100 to cherry, sweet at 50 ppm and OPP–2004–0346 (ethofumesate); EPA– commodities along with captan. cherry, tart at 50 ppm; grape from 50 to HQ–OPP–2004–0385 (permethrin); Therefore, EPA proposes transferring 25 ppm; nectarine from 50 to 25 ppm; EPA–HQ–OPP–2004–0167 (2,4-D); the tolerance expressions in 40 CFR peach from 50 to 15 ppm; plum, prune, EPA–HQ–OPP–2004–0296 (Captan) and 180.103(a) to (a)(1) for residues of the fresh from 100 to 10 ppm; and EPA–HQ–OPP–2002–0250 and EPA– fungicide, captan (N- strawberry from 25 to 20 ppm. HQ–OPP–2005–0459 (fenarimol), then trichloromethylthio-4-cyclohexene-1,2- Based on available data reflecting click on that docket number to view its dicarboximide) in or on plant seed treatment use, residues of captan contents. commodities retaining those plant- were <0.05 ppm (the level of detection) EPA has determined that the aggregate related tolerances and to transfer in or on dry and succulent beans, peas exposures and risks are not of concern livestock tolerances into (a)(2) for the and ; therefore, the Agency for the above mentioned pesticide active combined residues of the fungicide, determined that the tolerances should ingredients based upon the data captan (N-trichloromethylthio-4- be 0.05 ppm on vegetable, legume, identified in the RED or TRED which cyclohexene-1,2-dicarboximide) and its group 6 and vegetable, foliage of lists the submitted studies that the metabolite 1,2,3,6- legume, group 7, replacing the Agency found acceptable. tetrahydrophthalimide (THPI), individual tolerances. Therefore, EPA EPA has found that the tolerances that measured as THPI, in or on animal proposes decreasing and modifying the are proposed in this document to be commodities. Currently, tolerances in individual tolerances to a crop group modified, are safe in accordance with 40 CFR 180.103(b) are for residues of tolerance in newly revised 40 CFR FFDCA section 408(b)(2)(A), and that captan on an interim basis for almonds, 180.103(a)(1) for captan residues of there is a reasonable certainty that no almond hulls, beans dry, beans concern in plants in/on beans, dry, seed harm will result to infants and children succulent, and potatoes. The Agency at 25 ppm; bean, succulent at 25 ppm; from aggregate exposure to the pesticide has determined that these tolerances are pea, dry, seed at 2 ppm; pea, succulent chemical residues, in accordance with no longer interim and should be moved at 2 ppm; , dry at 2 ppm; section 408(b)(2)(C). These findings are to 40 CFR 180.103(a)(1). Also, to soybean, succulent at 2 ppm to

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vegetable, legume, group 6 at 0.05 ppm therefore, the Agency determined that concern in plants in/on blackberry, and vegetable, foliage of legume, group the tolerance should be 0.05 ppm on dewberry, and raspberry each at 25 ppm 7 at 0.05 ppm. vegetable, leafy, except brassica, group 4 to caneberry, subgroup 13A at 25 ppm. Based on available data reflecting replacing the individual tolerances. Based on available data reflecting seed treatment use, residues of captan Therefore, EPA proposes decreasing and seed treatment use, residues of captan were <0.05 ppm (the level of detection) modifying the individual tolerances to a were <0.05 ppm (the level of detection) in or on garden beets, carrots, rutabagas, crop group tolerance in newly revised in or on cottonseed; dill seed; flax seed; potatoes, and turnips; therefore, the 40 CFR 180.103(a)(1) for captan residues grass forage; grass, hay; non-grass Agency determined that the tolerances of concern in plants in/on celery at 50 animal feeds group 18; okra; peanuts; should be 0.05 ppm on vegetable, root ppm, lettuce at 100 ppm, and spinach peanut hay; rapeseed; rapeseed forage; and tuber, group 1 and vegetable, leaves at 100 ppm to vegetable, leafy, except safflower seed; sesame seed; and of root and tuber, group 2, replacing the brassica, group 4 at 0.05 ppm. sunflower seed; therefore, the Agency individual tolerances. Therefore, EPA Based on available data reflecting determined that the tolerances should proposes decreasing and modifying the seed treatment use, residues of captan each be 0.05 ppm. Tolerances for flax individual tolerances to a crop group were <0.05 ppm (the level of detection) straw and sunflower forage are no tolerances in newly revised 40 CFR in or on eggplant, peppers, and tomato; longer necessary because these 180.103(a)(1) for captan residues of therefore, the Agency determined that commodities are not considered concern in plants in/on beet, garden, the tolerance should be 0.05 ppm on significant feed items in accordance roots at 2 ppm; beet, garden, tops at 100 vegetable, fruiting, group 8 replacing the with ‘‘Table 1.—Raw Agricultural and ppm; carrot, roots at 2 ppm; potato at 25 individual tolerances. Therefore, EPA Processed Commodities and Feedstuffs ppm; rutabagas (roots) at 2 ppm; turnip, proposes decreasing and modifying the Derived from Crops’’ which is found in greens at 2.0 ppm; turnip, roots at 2.0 individual tolerances to a crop group Residue Chemistry Test Guidelines ppm to vegetable, root and tuber, group tolerance in newly revised 40 CFR OPPTS 860.1000 dated August 1996, 1 at 0.05 ppm and vegetable, leaves of 180.103(a)(1) for captan residues of available athttp://www.epa.gov/ root and tuber, group 2 at 0.05 ppm. concern in plants in/on eggplant; opptsfrs/publications/OPPTS Based on available data reflecting pepper; and tomato each at 25 ppm to Harmonized/860 Residue Chemistry seed treatment use, residues of captan vegetable, fruiting, group 8 at 0.05 ppm. Test Guidelines/Series. Therefore, EPA were <0.05 ppm (the level of detection) Based on available data reflecting is proposing to establish tolerances in in or on broccoli, Brussels sprouts, seed treatment use, residues of captan 40 CFR 180.103(a)(1) for captan residues cabbage, cauliflower, collards, kale, and were <0.05 ppm (the level of detection) of concern in or on dill, seed at 0.05 mustard greens; therefore, the Agency in or on bulb onion and green onion; ppm; flax, seed at 0.05 ppm; grass, determined that the tolerance should be therefore, the Agency determined that forage at 0.05 ppm; grass, hay at 0.05 0.05 ppm on vegetable, brassica leafy, the tolerance should be 0.05 ppm on ppm; animal feed, nongrass, group 18 at group 5 replacing the individual vegetable, bulb, group 3 replacing the 0.05 ppm; okra at 0.05 ppm; peanut at tolerances. Therefore, EPA proposes individual tolerances. Therefore, EPA 0.05 ppm; peanut, hay at 0.05 ppm; decreasing and modifying the proposes decreasing and modifying the rapeseed, seed at 0.05 ppm; rapeseed, individual tolerances to a crop group individual tolerances to a crop group forage at 0.05 ppm; safflower, seed at tolerance in newly revised 40 CFR tolerance in newly revised 40 CFR 0.05 ppm; sesame, seed at 0.05 ppm; 180.103(a)(1) for captan residues of 180.103(a)(1) for captan residues of and sunflower, seed at 0.05 ppm and concern in plants in/on broccoli, concern in plants in/on onion, bulb at decrease cotton, undelinted seed from 2 Brussels sprouts, cabbage, cauliflower, 25 ppm and onion, green at 50 ppm to to 0.05 ppm. collards, kale, mustard greens each at 2 vegetable, bulb, group 3 at 0.05 ppm. Based on the livestock dietary burden ppm to vegetable, brassica leafy, group Based on available data reflecting from wet apple pomace and animal feed 5 at 0.05 ppm. seed treatment use, residues of captan commodities from seed treatments, the Based on available data reflecting were <0.05 ppm (the level of detection) maximum theoretical dietary burden of seed treatment use, residues of captan in or on corn; therefore, the Agency captan residues of concern for dairy were <0.05 ppm (the level of detection) determined that the tolerance should be cattle is 17.27 ppm and beef cattle is in or on cantaloupe, cucumber, 0.05 ppm on grain, cereal, group 15 and 27.72 ppm. Using the results of the 30 honeydew melon, muskmelon, grain, cereal, forage, fodder and straw, ppm feeding level from the animal pumpkins, summer squash, winter group 16 replacing the tolerance corn, feeding study, the expected residue squash, and watermelons; therefore, the sweet, kernel plus cob with husks levels are 0.11 ppm in fat; 0.25 ppm in Agency determined that the tolerance removed. Therefore, EPA proposes kidney (meat byproducts); 0.18 ppm in should be 0.05 ppm on vegetable, decreasing and modifying a tolerance to muscle; and 0.06 ppm in milk. Based on cucurbit group 9 replacing the crop group tolerances in newly revised these data, the Agency has determined individual tolerances. Therefore, EPA 40 CFR 180.103(a)(1) for captan residues that the tolerances in cattle, goat, horse, proposes decreasing and modifying the of concern in plants in/on corn, sweet, hog and sheep should be: 0.20 ppm in individual tolerances to a crop group kernel plus cob with husks removed at meat; 0.30 ppm in meat byproducts; tolerance in newly revised 40 CFR 2 ppm to grain, cereal, group 15 and 0.15 ppm in fat; and 0.10 ppm in milk 180.103(a)(1) for captan residues of grain, cereal, forage, fodder and straw, (where sheep meat, fat and meat concern in plants in/on cantaloupe; group 16 at 0.05 ppm. byproducts tolerances reflect the text in cucumber; melon, honeydew; The Agency has determined that the tolerance reassessment of the RED muskmelon; pumpkin; squash, summer; tolerances for blackberry, dewberry and versus the table C which is not squash, winter; and watermelon each at raspberry each at 25 ppm should be accurate). Therefore, EPA proposes 25 ppm to vegetable, cucurbit, group 9 replaced by the crop group tolerance increasing the tolerances in newly at 0.05 ppm. caneberry, subgroup 13A at 25 ppm. revised 40 CFR 180.103(a)(2) for the Based on available data reflecting Therefore, EPA proposes modifying the combined residues of the fungicide, seed treatment use, residues of captan individual tolerances to a crop group captan (N-trichloromethylthio-4- were <0.05 ppm (the level of detection) tolerance in newly proposed 40 CFR cyclohexene-1,2-dicarboximide) and its in or on celery, lettuce, and spinach; 180.103(a) for captan residues of metabolite 1,2,3,6-

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tetrahydrophthalimide (THPI) in or on distinguish between which form of the rice grain from 0.1 to 0.5 ppm; corn, cattle, fat from 0.05 to 0.15 ppm; cattle, pesticidally active component was stover from 20 to 50 ppm; hop from 0.05 meat from 0.05 to 0.20 ppm; cattle, meat applied. to 0.2 ppm; potato from 0.2 to 0.4 ppm; byproducts from 0.05 to 0.30 ppm; hog, ii. If 2,4-D residues were detected in and strawberry from 0.05 to 0.1 ppm fat from 0.05 to 0.15 ppm; hog, meat a commodity, enforcement officials and revise corn, stover to corn, field, from 0.05 to 0.20 ppm; hog, meat would rarely be able to determine who stover; corn, pop, stover; and corn, byproducts from 0.05 to 0.30 ppm and applied the pesticide, when, or for what sweet, stover; and revise hop to hop, proposes establishing tolerances in purpose. dried cones. The Agency determined newly revised 40 CFR 180.103(a)(2) in/ iii. If the 2,4-D concentration were to that the increased tolerances are safe; on goat, fat at 0.15 ppm; goat, meat at fall between two tolerance levels for the i.e., there is a reasonable certainty that 0.20 ppm; goat, meat byproducts at 0.30 same commodity, the Agency would not no harm will result from aggregate ppm; horse, fat at 0.15 ppm; horse, meat know whether the sample was violative. exposure to the pesticide chemical at 0.20 ppm; horse, meat byproducts at Therefore, EPA is proposing to residue. subsume the lower tolerances in the 0.30 ppm; milk at 0.10 ppm; sheep, fat Based on available field trial data on higher existing tolerances, delete use- at 0.15 ppm; sheep, meat at 0.20 ppm; field corn, pop corn, and sweet corn that and sheep, meat byproducts at 0.30 pattern related language (e.g., timing and formulation), and revise the indicate residues of 2,4-D as high as 5.2 ppm. The Agency determined that the ppm in/on corn forage, <0.05 ppm in/ increased tolerances are safe; i.e., there tolerances in 40 CFR 180.142(a)(1-2, 4- 7 and 9-13) into 40 CFR 180.142(a) for on corn fresh, sweet, kernel plus cob is a reasonable certainty that no harm with husks removed, and 0.038 ppm in/ will result from aggregate exposure to residues of the , plant regulator, and fungicide 2,4-D (2,4- on corn grain, the Agency determined the pesticide chemical residue. that the tolerances should be decreased The last registered use of captan on dichlorophenoxyacetic acid), both free to 6.0 ppm, 0.05 ppm, and 0.05 ppm, mangoes was canceled in 1998; and conjugated, determined as the acid respectively. Based on available field therefore, the tolerance is no longer and delete the paragraphs designations trial data that indicate residues of 2,4- needed. Therefore, EPA is proposing to (1-2, 4-7, and 9-13). D as high as 0.07 ppm in/on fish, 0.079 revoke the existing tolerance for mango The available field trial data indicate ppm in/on grapefruits, 0.24 ppm in/on at 50 ppm in newly revised 40 CFR residues of 2,4-D are as high as 1.39 oranges, and 2.5 ppm in/on lemons, the 180.103(a)(1). ppm in or on wheat grain. The wheat The proposed tolerance actions herein grain data are translated to support Agency determined that the tolerances for captan, to implement the tolerances for barley, millet, oats and should be decreased to 0.10 ppm in/on recommendations of the captan RED, rye grain. Based on these data, the fish and to 3.0 ppm in/on fruit, citrus, reflect use patterns in the U.S. which Agency determined that the tolerance group 10. Based on available field trial support a different tolerance than the should be increased to 2.0 ppm on data that indicate residues of 2,4-D as Codex level on almonds, cucumbers, wheat, barley, millet, oats and rye grain. high as <0.01 ppm in/on apples and nectarines, raspberries, and tomatoes, Based on available field trial data that pears, the Agency determined that the because of differences in good indicate residues of 2,4-D as high as tolerance should be decreased to 0.1 agricultural practices. However, 24.9 ppm and 40.9 ppm in or on wheat ppm in/on fruit, pome, group 11 compatibility exists for apples and pears forage and wheat straw, respectively, replacing the individual tolerances for will exist between the proposed which is also translated to millet, oats apple, pear, and quince. Based on reassessed U.S. tolerances and Codex and rye forage and millet straw, the available field trial data that indicate MRLs for captan residues in or on Agency determined that the tolerances residues of 2,4-D as high as <0.05 ppm blueberries, peaches, potatoes, and should be increased to 25 ppm in/on in/on cherries, <0.01 ppm in/on strawberries. wheat, millet, oats, and rye forage and peaches, and <0.01 ppm in/on plums, 2. 2,4-D. Currently, tolerances for 50 ppm in/on millet straw. Based on the Agency determined that the residues of 2,4-D in or on plant raw available field trial data that indicate tolerance should be decreased to 0.1 agricultural commodities fish and residues of 2,4-D as high as 49.8 ppm ppm in/on fruit, stone group 12 potable water are currently expressed in in/on corn stover; 0.053 ppm in/on replacing the individual tolerance for terms of 2,4-D (2,4- hops; 0.31 ppm in/on potatoes; <0.01 apricots. Based on available field trial dichlorophenoxyacetic acid) in 40 ppm in/on strawberry; and 0.485 ppm data that indicate residues of 2,4-D as CFR180.142(a)(1-2, 4-7 and 9-13). The in/on rice, the Agency determined that high as <0.05 ppm in/on pistachio; <0.1 residues are regulated depending on the the tolerances should be increased to 50 in/on grapes; 358 ppm in/on grass, use pattern, the form of the 2,4-D ppm in/on corn, stover; 0.2 ppm in/on pasture and rangeland; 8.83 ppm in/on formulation applied (e.g., acid, salts), hop; 0.4 in/on potato; 0.01 ppm in/on rice, straw; 0.162 ppm in/on sorghum, timing of treatment (preharvest or strawberry; and 0.5 ppm in/on rice, forage; 0.012 ppm in/on sorghum, grain; postharvest) and some commodities are grain. EPA is also revising commodity 0.17 ppm in/on sorghum, grain, stover; covered by two or more tolerances (e.g., terminology to conform to current 0.015 ppm in/on sugarcane; and 0.105 citrus). This use-pattern related Agency practice. Therefore, EPA is ppm in/on sugarcane, molasses, the language is impractical and should be proposing to increase and revise Agency determined that the tolerances removed for three reasons: tolerances in newly revised 40 CFR should be decreased to 0.05 ppm in/on i. 2,4-D in the acid form as well as the 180.142(a) for the combined 2,4-D pistachio; 0.1 ppm in/on grape; 300 sodium salt, four amine salts, and three residues of concern in or on barley, ppm in/on grass, hay; 360 ppm in/on esters upon contact with water and/or grain from 0.5 to 2.0 ppm; millet, grain grass, pasture and grass, rangeland; 10 hydrolytic enzymes are converted to a from 0.5 to 2.0 ppm; oat, grain from 0.5 ppm in/on rice, straw; 0.2 ppm in/on single common moiety, 2,4-D (anion or to 2.0 ppm; rye, grain from 0.5 to 2.0 sorghum, forage; 0.2 ppm in/on acid depending on the pH) which is the ppm; wheat, grain from 0.5 to 2.0 ppm; sorghum, grain; 0.2 ppm in/on sorghum, pesticidally active component serving as millet, straw from 20 to 25 ppm; millet, grain, stover; 0.05 ppm in/on sugarcane; the basis for the tolerance regulation. forage from 20 to 25 ppm; oat, forage and 0.2 ppm in/on sugarcane, molasses. Consequently, the available tolerance from 20 to 25 ppm; rye, forage 20 to 25 EPA is also revising commodity enforcement methodology cannot ppm; wheat, forage from 20 to 25 ppm; terminology to conform to current

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Agency practice. Therefore, EPA is straw at 50 ppm; oat, straw at 50 ppm; ppm; goats, meat from 0.2 to 0.3 ppm; proposing to decrease and revise rye, straw at 50 ppm; wheat, bran at 4.0 horses, meat from 0.2 to 0.3 ppm; sheep, tolerances in newly revised 40 CFR ppm (and translating the wheat bran meat from 0.2 to 0.3 ppm; cattle, meat 180.142(a) for the combined 2,4-D data to barley and rye) barley, bran at byproducts, except kidney from 0.2 to residues of concern in or on corn, forage 4.0 ppm; rye, bran at 4.0 ppm; rice, 0.3 ppm; goats, meat byproducts, except from 20 to corn, field, forage; and corn, hulls at 2.0 ppm; soybean, forage at 0.02 kidney from 0.2 to 0.3 ppm; horses, sweet, forage at 6.0; corn, fresh, sweet, ppm; soybean, hay at 2.0 ppm; and meat byproducts, except kidney from kernel plus cob with husks removed at soybean, seed at 0.02 ppm. Therefore, 0.2 to 0.3 ppm; and sheep, meat 0.5 to corn, sweet, kernel plus cob with EPA is proposing to establish the byproducts, except kidney from 0.2 to husks removed at 0.05 ppm; corn, grain tolerances in newly revised 40 CFR 0.3 ppm; cattle, fat from 0.2 to 0.3 ppm; at 0.5 to corn, field, grain at 0.05 ppm 180.142(a) for the combined 2,4-D goat, fat from 0.2 to 0.3 ppm; horse, fat and corn, pop, grain at 0.05 ppm; fish, residues of concern in or on almond, from 0.2 to 0.3 ppm; sheep, fat from 0.2 1.0 to 0.10 ppm; fruit, citrus at 5 ppm hulls at 0.1 ppm; barley, bran at 4.0 to 0.3 ppm; and decrease milk from 0.1 to fruit, citrus, group 10 at 3.0 ppm; ppm; barley, straw at 50 ppm; grain, to 0.05 ppm. The Agency determined fruit, pome at 0.1 and apple, pear, and aspirated fractions at 40 ppm; oat, straw that the increased tolerances are safe; quince at 5 ppm to fruit, pome, group at 50 ppm; rice, hulls at 2.0 ppm; rye, i.e., there is a reasonable certainty that 11 at 0.1 ppm; apricot at 5 ppm and bran at 4.0 ppm; rye, straw at 50 ppm; no harm will result from aggregate fruit, stone at 0.2 ppm to fruit, stone, soybean, hay at 2.0 ppm; soybean, exposure to the pesticide chemical group 12 at 0.1 ppm; pistachio at 0.05 forage at 0.02 ppm; soybean, seed at residue. ppm; grape from 0.5 to 0.1 ppm; grass, 0.02 ppm; wheat, bran at 4.0 ppm; and Based on the results of a 2,4-D poultry pasture and grass, rangeland from 1,000 wheat, straw at 50 ppm. study, there is no ppm to grass, forage at 360 ppm; rice, In addition, tolerances for residues in reasonable expectation of finite residues straw from 20 to 10 ppm; sorghum, food products of animal origin are in poultry tissues and eggs (Category 3 forage from 20 to sorghum, grain, forage currently expressed in terms of 2,4-D of 40 CFR 180.6(a)(3)) when 2,4-D is at 0.2 ppm; sorghum, grain from 0.5 to and/or its metabolite 2,4-dichlorophenol applied according to registered use sorghum, grain, grain at 0.2 ppm; (2,4-DCP) in 40 CFR 180.142(a)(8). The directions. Therefore, the Agency sorghum, grain, stover from 20 to 0.2 Agency has determined that the determined that tolerances for residues ppm; sugarcane, cane from 2 ppm to metabolite, 2,4-DCP, is not of concern of 2,4-D in poultry commodities are not 0.05 ppm; and sugarcane, molasses from for either the tolerance expression or for needed. In addition, as the lowest 5 to 0.2 ppm. risk assessment at the minute levels feeding level for cattle was 940x the Based on available field trial data that expected in livestock tissues and maximum theoretical dietary burden for indicate residues of 2,4-D as high as considering the likely lower toxicity of swine, the maximum expected residues 0.106 ppm in cranberry, <0.05 ppm in 2,4-DCP compared to 2,4-D. in hog tissues would be 0.007 ppm low bush (berries), and 0.011 ppm in Consequently, the regulated residues of (kidney). Accordingly, there is no high bush (berries), the Agency has 2,4-D are now the same for plants, reasonable expectation of finite residues determined the tolerance should be shellfish, fish, and foods of animal in hog commodities (Category 3 of 40 revised to 0.2 ppm in/on berry, group 14 origin. Therefore, EPA is proposing to CFR 180.6(a)(3)); therefore, the Agency in place of the individual tolerances. change the residues of concern, transfer has determined tolerances associated These tolerances are also being the foods of animal origin tolerances in with hog tissues are no longer needed maintained to cover inadvertent or 40 CFR 180.142(a)(8) into 40 CFR and should be revoked. Therefore, EPA indirect residues that may occur. 180.142(a) for the combined 2,4-D is proposing to revoke the tolerances in Therefore, EPA proposes revising the residues of concern and delete newly revised 40 CFR 180.142(a) for 2,4- tolerances in newly revised 40 CFR paragraph (a)(8). D residues of concern in or on egg at 180.142(a) for the combined 2,4-D Ruminant feeding data at an 0.05 ppm; hog, fat; hog, meat; and hog, residues of concern in or on blueberry exaggerated level (1.7x) show that 2,4-D meat byproducts, except kidney at 0.2 at 0.1 ppm, cranberry at 0.5 ppm, residues are as high as 0.51 ppm in fat, ppm; hog, kidney at 2 ppm; and poultry raspberry at 0.1 ppm and small fruit at 0.24 ppm in meat, 0.2 ppm in liver, 6.48 at 0.05 ppm. 0.1(N) to berry, group 14 at 0.2 ppm. ppm in kidney, and 0.07 ppm in milk. Tolerances listed in 40 CFR The Agency determined that the These studies also showed that 2,4-D is 180.142(a)(3) are currently established increased tolerances are safe; i.e., there rapidly excreted from animals. Based on for negligible residues of 2,4-D in is a reasonable certainty that no harm the rapid excretion and residue levels irrigated crops from application of its will result from aggregate exposure to on the last day of dosing in feeding dimethylamine salt in the western the pesticide chemical residue. studies, the Agency has determined that United States (U.S.). Specifically, the Based on available field trial data that the 2,4-D tolerance in milk may be tolerances on fruit, citrus; fruit, pome; indicate residues of 2,4-D as high as decreased to 0.05 ppm and to 0.3 ppm fruit, stone; grain, crop; root crop 0.098 ppm in/on almond hulls; 1.48 in the fat of cattle, goats, horses, and vegetables; grass, forage; hop; small fruit ppm in on corn aspirated grain fractions sheep. The tolerances should be (newly termed berry, group 14) and nut (AGF) and 36.3 ppm in/on wheat AGF; increased to 4.0 ppm in the kidneys of each at 0.1(N) ppm in 40 CFR 40.9 ppm in/on wheat straw, 3.88 ppm cattle, goats, horses, and sheep and to 180.142(a)(3) have existing tolerances in in/on wheat bran, and 1.40 ppm in/on 0.3 ppm in the meat and meat newly revised 40 CFR 180.142(a) which rice, hulls; <0.01 ppm in/on soybean byproducts of cattle, goats, horses, and are high enough to cover any forage; 1.13 ppm in/on soybean hay; and sheep. Therefore, EPA is proposing to inadvertent residues on these <0.01 ppm in/on soybean seeds, the increase tolerances in newly revised 40 commodities. The tolerances associated Agency determined that tolerances CFR 180.142(a) for the combined 2,4-D with commodities that do not receive should be established in/on almond, residues of concern in or on cattle, direct treatment of 2,4-D in 40 CFR hulls at 0.1 ppm; grain, aspirated kidney from 2 to 4.0 ppm; goat, kidney 180.142(a)(3)—avocado; cotton, fractions 40 ppm; wheat, straw at 50 from 2 to 4.0 ppm; horse, kidney from undelinted seed; cucurbits; grain, crop; ppm (and translating the wheat straw 2 to 4.0 ppm; and sheep, kidney from leafy vegetables; legume forage; root data to barley, oat, and rye); barley, 2 to 4.0 ppm; cattle, meat from 0.2 to 0.3 crop vegetables; seed and pod

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vegetables; and vegetable, fruiting each vegetable, fruiting at 0.1(N) to vegetable, There are tolerances listed in newly at 0.1(N) should be transferred to 40 fruiting, group 8 at 0.05 ppm; vegetable, revised 40 CFR 180.142(a) (formerly 40 CFR 180.142(d) as they cover seed and pod at 0.1 (N) to vegetable, CFR 180.142(a)(6)) that regulate ‘‘crops inadvertent and indirect residues. legume, group 6 at 0.05 ppm, okra at in paragraph (c) of this section at 1.0 Therefore, EPA is proposing that 0.05 ppm and dill, seed at 0.05 ppm; ppm’’ and ‘‘crops groupings in commodities and tolerances in 40 CFR increasing and revising legume forage at paragraph (c) of this section at 1.0 ppm’’ 180.142(a)(3) that are duplicative of 0.1(N) to vegetable, foliage of legume, that should be removed because commodities and tolerances in newly group 7 at 0.2 ppm and animal feed, tolerances in newly recodified 40 CFR revised 40 CFR 180.142(a) be removed nongrass, group 18 at 0.2 ppm; 180.142(a) and (d) will be sufficient to from 40 CFR 180.142 (a)(3). EPA is also vegetable, leafy at 0.1(N) to vegetable, cover inadvertent residues in irrigated proposing that the remaining brassica leafy, group 5 at 0.4 ppm and crops to which these tolerances commodities and tolerance vegetable, leafy, except brassica, group 4 originally referred. Tolerances also exist combinations in 40 CFR 180.142(a)(3) at 0.4 ppm; and in 40 CFR 180.142(a) in newly revised 40 CFR 180.142(a) (avocado; cotton, undelinted seed; further revise the tolerance vegetable, (formerly 40 CFR 180.142(a)(12) and cucurbits; grain, crop; leafy vegetables; root at 0.1(N) to vegetable, root and 13)) as follows; ‘‘2 ppm in the milled legume forage; root crop vegetables; tuber, except potato, group 1; and fractions (except flour) derived from seed and pod vegetables; and vegetable, vegetable, leaves of root and tuber, barley, oats, rye, and wheat to be fruiting each at 0.1(N)) be transferred in except potato, group 2 at 0.1 ppm. The ingested as food or be converted to 40 CFR 180.142(d) for inadvertent or Agency determined that the increased food’’ and ‘‘2 ppm in the milled indirect residues of the herbicide, plant tolerances are safe; i.e., there is a fractions derived from barley, oats, rye, regulator, and fungicide 2,4-D (2,4- reasonable certainty that no harm will and wheat to be ingested as animal feed dichlorophenoxyacetic acid), both free result from aggregate exposure to the or converted into animal feed’’ should and conjugated, determined as the acid pesticide chemical residue. be removed because tolerances for direct and delete 40 CFR 180.142(a)(3). Based on available field trial data that and inadvertent residues of 2,4-D in indicate residues of 2,4-D as high as The available irrigated crop residue barley, rye and wheat bran are newly <0.05 ppm in/on wild rice in established in newly revised 40 CFR data for leafy vegetables and legume, Minnesota, the Agency has determined 180.142(a) and tolerances in other small forage had maximum residue levels of that a regional tolerance should be grain processed products are not 0.33 ppm and 0.15 ppm, respectively; established at 0.05 ppm in/on rice, wild, necessary as residues do not concentrate therefore, the Agency has determined grain. Therefore, EPA proposes upon processing. Therefore, EPA is the tolerances should be increased from removing the expired (12/31/05) section proposing to remove the tolerances in 0.1(N) to 0.4 ppm and 0.2 ppm, 18 emergency exemption in/on wild rice newly revised 40 CFR 180.142(a) ‘‘crops respectively. The available residue data at 0.1 ppm in 40 CFR 180.142(b), in paragraph (c) of this section at 1.0 for inadvertent residue levels on the reserving the paragraph, and ppm’’; ‘‘crops groupings in paragraph (c) remaining crops (avocado, cotton, establishing a regional tolerance in 40 of this section at 1.0 ppm’’; ‘‘2 ppm in cucurbits, bulbs in the root crop CFR 180.142(c) for residues of the the milled fractions (except flour) vegetables, seed and pod vegetables and herbicide, plant regulator, and fungicide derived from barley, oats, rye, and fruiting vegetables) do not exceed the 2,4-D (2,4-dichlorophenoxyacetic acid), wheat to be ingested as food or be level of quantitation of 0.05 ppm and both free and conjugated, determined as converted to food’’; and ‘‘2 ppm in the two times the level of quantitation for the acid, in/on rice, wild, grain at 0.05 milled fractions derived from barley, direct uses on the root and tubers of the ppm. oats, rye, and wheat to be ingested as root crop vegetables; therefore, the Currently, there is a tolerance for animal feed or converted into animal Agency determined the tolerances residues of 2,4-D in potable water at feed.’’ should be decreased to 0.05 ppm. Based 0.1(N) ppm in 40 CFR 180.142(a). The proposed tolerance actions herein on the available irrigation data, the Pesticide residues in water are now for 2,4-D, to implement the resulting direct and inadvertent residues under the purview of EPA’s Office of recommendations of the 2,4-D RED, ≤ are expected to be 0.1 ppm in/on the Water where a maximum contaminant reflect use patterns in the U.S. which bulbs in the root crop vegetables; level of 0.07 ppm has been established support a different tolerance than the therefore, the Agency has determined for 2,4-D in drinking water. Sugarcane Codex level on berries; citrus; meat the tolerance level and terminology bagasse is no longer considered a byproducts; grass hay and fodder; corn should be at 0.5 ppm in/on vegetable, significant animal feed item; therefore, forage and fodder; meat; pome fruits; bulb, group 3, 0.1 ppm in/on vegetable, the Agency has determined the potato; rice, grain; sorghum grain; root and tuber, except potato, group 1 tolerance on sugarcane bagasse is no soybeans; and wheat straw because of and vegetable, leaves of root and tuber, longer needed and should be revoked. differences in good agricultural except potato, group 2. EPA is also Based on available field trial data that practices. However, compatibility proposing to revise commodity indicate residues of 2,4-D as high as currently exists or will exist between terminology and removing the ‘‘(N)’’ 0.095 ppm, <0.05 ppm, and 0.16 ppm the proposed reassessed U.S. tolerances designation for negligible residues to in/on filberts, pecans, and almonds, and Codex MRLs for 2,4-D residues in conform to current Agency practice. respectively, the Agency has determined or on corn grain, rice straw, rye grain, Therefore, EPA is proposing to revise the tolerance should be maintained at sorghum forage, stone fruits, sugarcane, and modify tolerances in 40 CFR 0.2 ppm in/on nuts. EPA is also revising sweet corn, tree nuts, and wheat grain. 180.142(d) for the combined 2,4-D commodity terminology to conform to 3. Dodine. Based on available field residues of concern by decreasing and current Agency practice. Therefore, EPA trial data that indicate residues of revising avocado from 0.1 (N) to 0.05 proposes revoking the potable water dodine as high as 2.2 ppm in/on ppm; cotton, undelinted seed from tolerance at 0.01(N) ppm and sugarcane cherries and to harmonize with the 0.1(N) to 0.05 ppm; cucurbits at 0.1(N) bagasse at 5 ppm in newly revised 40 Codex MRL of 3 ppm, the Agency has to vegetable, cucurbit, group 9 at 0.05 CFR 180.142(a), and revising the determined that the tolerance should be ppm; root crop vegetables at 0.1 (N) to tolerance in 180.142(a) in/on nut to nut, decreased to 3.0 ppm on cherry, sweet vegetable, bulb, group 3 at 0.05 ppm; tree, group 14. and cherry, tart. Therefore, EPA

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proposes decreasing the tolerance in 40 tetrachloroterephthalate acid (MTP) and terminology to conform to current CFR 180.172(a) for residues of dodine in terachlorophthalic acid (TCP) Agency practice. Therefore, EPA is or on cherry, sweet from 5.0 to 3.0 ppm (calculated as DCPA) in or on corn, proposing to revise and transfer and cherry, tart from 5.0 to 3.0 ppm. field, forage; corn, field stover; corn, tolerances in 40 CFR 180.185(a) to 40 Based on the available apple field trial pop, forage; corn, pop, stover; corn, CFR 180.185(d) for the combined and processing data that indicate sweet, forage; corn, sweet, stover at 0.4 inadvertent residues of the herbicide residues of dodine are as high as 2.58 ppm; corn, grain (including pop and DCPA and its metabolites MTP and TCP ppm in/on apples and a concentration field) at 0.05 ppm to corn, pop, grain at (calculated as DCPA) in or on bean, factor of 5.13x in apple pomace (wet), 0.05 ppm and corn, field, grain at 0.05 field, dry to bean, dry; bean, mung, seed the Agency has determined that a ppm; corn, sweet, kernel plus cob with at 2 ppm; bean, snap, succulent at 2 tolerance should be established in/on husks removed at 0.05 ppm; lettuce at ppm; cotton, undelinted seed at 0.2 apple, wet pomace at 15.0 ppm. 2 ppm to 2.0 ppm; rutabagas at 2 ppm ppm; cucumber at 1.0 ppm; eggplant at Therefore, EPA proposes establishing a to rutabaga at 2.0 ppm; and soybean at 1.0 ppm; pepper at 2 ppm; pimento at tolerance in 40 CFR 180.172(a) for 2 ppm to 2.0 ppm. 2 ppm; potato at 2 ppm; squash, residues of dodine in/on apple, wet Currently, the tolerances for basil, summer at 1.0 ppm; squash, winter at 1 pomace at 15.0 ppm. fresh leaves and basil, dried leaves are ppm; pea, blackeyed to pea, blackeyed, Based on the results of the dodine 20.0 ppm and 5.0 ppm, respectively, as seed; radish, oriental to radish, oriental, animal metabolism study, there is no published August 20, 2004 (69 FR roots and radish, oriental, tops; sweet reasonable expectation of finite residues 51571) (FRL–7673–6), and were potato, roots to sweet potato; turnip to in animal tissues or milk (category 3 of intended for inadvertent residues rather turnip, roots; turnip, greens to turnip, 40 CFR 180.6(a)(3)); therefore, the than direct use tolerances. These tops; vegetable, brassica, leafy, group 5 Agency has determined that the tolerances should be corrected, at 5 ppm; and yam, true, tuber at 2 ppm. tolerances for milk and meat are no switching the tolerance levels to basil, In addition, EPA is proposing to longer needed and should be revoked. fresh leaves at 5.0 ppm and basil, dried revise commodity terminology and In the RED, a tolerance for plum was leaves at 20.0 ppm and designated as tolerances to conform to current Agency recommended at 5 ppm; however, there inadvertent residue tolerances. practice in 40 CFR 180.185(a) for the are no longer any uses in/on plums so Therefore, EPA is proposing to correct combined residues of the herbicide the tolerance is not being established. and transfer the tolerances in 40 CFR DCPA and its metabolites MTP and TCP Additionally, use of dodine on spinach 180.185(a) to 40 CFR 180.185(d) for the (calculated as DCPA) in or on melon, is no longer a registered use, the Agency combined inadvertent residues of the honeydew to muskmelon; and onion to has determined the regional tolerance herbicide DCPA and its metabolites onion, bulb. for spinach at 12.0 ppm should be MTP and TCP (calculated as DCPA) in The are no registered uses for upland revoked. Therefore, EPA is proposing to or on basil, fresh leaves from 20.0 to 5.0 cress; therefore, the tolerance is no revoke tolerances in 40 CFR 180.172(a) ppm and basil, dried leaves from 5.0 to longer appropriate. Therefore, EPA is for residues of dodine in/on meat and 20.0 ppm. milk at 0 ppm and 40 CFR 180.172(b) The tolerances for celeriac, chicory, proposing to revoke the tolerance in 40 for residues of dodine in/on spinach at chive, coriander, dill, marjoram, CFR 180.185(a) in/on cress, upland at 5 12.0 ppm and reserve and redesignate parsley, radicchio, and oriental radish ppm. paragraph (b) as paragraph (c) for as published August 20, 2004 (69 FR Currently, there are no Codex MRLs tolerances with regional registrations. 51571) (FRL–7673–6), were tolerances in place for DCPA. In order to conform to the adopted intended to cover inadvertent residues 5. Endothall. Tolerances are currently format in the CFR for 40 CFR part 180, rather than direct use residues. established for rice, grain and rice, straw EPA proposes revising 40 CFR 180.172 Therefore, EPA is proposing to transfer at 0.05(N) ppm. The ‘‘N’’ indicating by adding paragraph (b) section 18 the tolerances in 40 CFR 180.185(a) to negligible residues should be deleted in emergency exemptions—reserved; and 40 CFR180.185(d) for the combined accordance with current Agency paragraph (d) for indirect and inadvertent residues of the herbicide practice in 40 CFR 180.293 for the inadvertent residues—reserved. DCPA and its metabolites MTP and TCP endothall residues of concern in or on Compatibility of U.S. tolerances and (calculated as DCPA) in or on celeriac rice, grain from 0.05(N) ppm to 0.05 Codex MRLs exist for dodine residues at 2.0 ppm; chicory, roots at 2.0 ppm; ppm and rice, straw from 0.05(N) ppm in/on apples, pears, and peaches and chicory, tops at 5.0 ppm; chive at 5.0 to 0.05 ppm. will exist between the proposed ppm; coriander, leaves at 5.0 ppm; dill There is currently an interim reassessed U.S. tolerances and Codex at 5.0 ppm; marjoram at 5.0 ppm; tolerance established in 40 CFR MRLs in or on sweet and tart cherries. parsley, leaves at 5.0 ppm; parsley, 180.293(a)(2) for endothall residues of 4. DCPA. There are currently no dried leaves at 20.0 ppm; radicchio at concern for potable water at 0.2 ppm. registered uses for DCPA on corn, 5.0 ppm; and radish, oriental at 2.0 EPA’s Office of Pesticide Programs no lettuce, rutabaga and soybean; however, ppm. longer regulates pesticides in water by the tolerances are being retained to There are currently no registered uses establishing tolerances, but rather by cover any inadvertent residues from the for DCPA in or on beans (field, mung EPA’s Office of Water where an rotation of crops to previously DCPA and succulent), cotton, cucumbers, appropriate Maximum Concentration treated fields/crops (1998 RED page 23). eggplants, peppers, blackeyed peas, Level has been established. Therefore, EPA is also revising commodity potatoes, squash (winter and summer), EPA is proposing to revoke the interim terminology to conform to current sweet potatoes, turnips, leafy brassica tolerance of 0.2 ppm in 40 CFR 180.293 Agency practice. Therefore, EPA is vegetables and yams as published (a)(2) and redesignating 40 CFR 180.293 proposing to transfer and revise August 20, 2004 (69 FR 51571) (FRL– (a)(1) and (a)(2) as 40 CFR 180.293(a). tolerances in 40 CFR 180.185(a) to 40 7673–6). However, the tolerances are EPA is proposing to revise commodity CFR 180.185(d) for the combined being retained to cover any inadvertent terminology to conform to current inadvertent residues of the herbicide residues from rotation of crops to Agency practice in newly revised 40 dimethyl tetrachloroterephthalate previously DCPA treated fields/crops. CFR 180.293(a) from hop to hop, dried (DCPA) and its metabolites monomethyl EPA is also revising commodity cones.

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Currently, there are no Codex MRLs Tolerances are typically not liver; horse, meat byproducts, except in place for endothall. established for poultry kidneys, kidney, liver; sheep, meat byproducts, 6. Propyzamide (or pronamide). consequently, the associated tolerance is except kidney, liver to cattle, meat Currently, 40 CFR 180.317(a) regulates not necessary and the Agency byproducts, except kidney and liver; the combined residues of the herbicide determined that the tolerance for goat, meat byproducts, except kidney propyzamide and its metabolites poultry, kidney at 0.2 ppm should be and liver; hog, meat byproducts, except (containing the 3,5-dichlorobenzoyl revoked. Concomitant with revoking the kidney and liver; horse, meat moiety calculated as 3,5-dichloro-N- poultry, kidney tolerance, the tolerance byproducts, except kidney and liver; (1,1-dimethyl-2-propynyl)benzamide) for poultry, meat byproducts (except and sheep, meat byproducts, except and in 40 CFR 180.317(b) only the kidney, liver) should be revised to kidney and liver and in 40 CFR parent, propyzamide is regulated in poultry, meat byproducts, except liver. 180.317(c) in/on pea, dried, winter to error. The Agency has determined the Therefore, EPA proposes revoking the pea, field, seed. residues for regulation should be tolerance in 40 CFR 180.317(a) for the Currently, there are no Codex MRLs corrected in 40 CFR 180.317(b) to combined propyzamide residues of in place for propyzamide. include the metabolites. Therefore, EPA concern in or on poultry, kidney and 7. Ethofumesate. Tolerances in 40 proposes correcting the regulatory revising the tolerance poultry, meat CFR 180.345(a)(1) and (a)(2) are expression in 40 CFR 180.317(b) to byproducts, (except kidney, liver) to regulated for the combined residues of regulate the combined residues of the poultry, meat byproducts, except liver. the herbicide ethofumesate (2-ethoxy- herbicide propyzamide and its Based on available confined 2,3-dihydro-3,3-dimethyl-5- metabolites (containing the 3,5- accumulation in rotational crops data benzofuranyl methanesulfonate) and its dichlorobenzoyl moiety calculated as that indicate residues of propyzamide metabolites 2-hydroxy-2,3-dihydro-3,3- 3,5-dichloro-N-(1,1-dimethyl-2- and its metabolites are as high as 0.10 dimethyl-5-benzofuranyl propynyl)benzamide). ppm in wheat forage; 0.038 ppm in methanesulfonate and 2,3-dihydro-3,3- dimethyl-2-oxo-5-benzofuranyl Based on the available field trial data wheat, grain, and 0.181 ppm in wheat, straw, the Agency determined that methanesulfonate both calculated as that indicate the combined residues of tolerances for inadvertent or indirect parent compound in/on raw agricultural propyzamide are less than the level of residues should be established in/on commodities for (a)(1) and in/on the detection (0.01 ppm) in or on cereal, grain, forage at 0.6 ppm; cereal, processed feeds when present as a result artichokes, the Agency determined that grain, hay at 0.2 ppm; and cereal, grain, of application to growing crops. When the tolerance should be decreased to straw at 0.3 ppm. Therefore, EPA the residues of concern are the same for 0.01 ppm. Therefore, EPA proposes proposes establishing tolerances in 40 both processed feeds and the raw decreasing the tolerance in 40 CFR CFR 180.317(d) for the combined agricultural commodities, it is 180.317(a) for the combined residues of residues of the herbicide propyzamide administrative practice to regulate them the herbicide propyzamide and its and its metabolites (containing the 3,5- in the same paragraph. Therefore, EPA metabolites (containing the 3,5- dichlorobenzoyl moiety calculated as proposes combining the tolerances in 40 dichlorobenzoyl moiety calculated as 3,5-dichloro-N-(1,1-dimethyl-2- CFR 180.345(a)(1) and (a)(2) into 40 CFR 3,5-dichloro-N-(1,1-dimethyl-2- propynyl)benzamide) in or on grain, 180.345(a). propynyl)benzamide) in or on artichoke, cereal, forage, group 16 at 0.6 ppm; As there are presently no regulated globe from 0.1 to 0.01 ppm. grain, cereal, hay, group 16 at 0.2 ppm; poultry or swine feed items associated In a residue study, two groups of and grain, cereal, straw, group 16 at 0.3 with the registrated uses of lactating cows were fed alfalfa hay ppm. ethofumesate, the hog fat, meat, and containing 20 to 40 ppm field-aged Based on the available field trial data meat byproduct tolerances are no longer propyzamide residues for 3 weeks that indicate the combined residues of needed. Also, based on available field resulting in residues in fat tissues propyzamide are as high as 8.68 ppm trial data that indicate residues of ranging from <0.01 to 0.48 ppm. Based in/on alfalfa seed, the Agency ethofumesate and its regulated on linear extrapolation of the maximum determined that a tolerance should be metabolites are as high as 0.25 ppm in/ residues observed in the study and the established in/on alfalfa, seed at 10.0 on sugar beet roots, 3.1 ppm in/on sugar maximum theoretical dietary burden, ppm. Therefore, EPA is proposing to beet tops, 4.28 ppm in/on garden beet the Agency determined that the cattle, establish tolerances in 40 CFR tops, the Agency determined that the goat, hog, horse, and sheep fat 180.317(a) for the combined tolerances should be increased to 0.3 tolerances should be raised from 0.02 to propyzamide residues of concern in/on ppm on sugar beet roots, 4.0 ppm sugar 0.20 ppm. Therefore, EPA proposes alfalfa, seed at 10.0 ppm. The Agency beet tops, and 5.0 ppm in/on garden increasing the tolerances in 40 CFR determined that the increased tolerances beet tops. Therefore, EPA is proposing 180.317(a) for the combined residues of are safe; i.e., there is a reasonable to revoke the tolerances in newly the herbicide propyzamide and its certainty that no harm will result from revised 40 CFR 180.345(a) for the metabolites (containing the 3,5- aggregate exposure to the pesticide combined residues of the herbicide dichlorobenzoyl moiety calculated as chemical residue. ethofumesate (2-ethoxy-2,3-dihydro-3,3- 3,5-dichloro-N-(1,1-dimethyl-2- EPA is also revising commodity dimethyl-5-benzofuranyl propynyl)benzamide) in or on cattle, fat terminology to conform to current methanesulfonate) and its metabolites 2- from 0.02 to 0.20 ppm; goat, fat from Agency practice. Therefore, EPA hydroxy-2,3-dihydro-3,3-dimethyl-5- 0.02 to 0.20 ppm; hog, fat from 0.02 to proposes modifying a tolerance in 40 benzofuranyl methanesulfonate and 2,3- 0.20 ppm; horse, fat from 0.02 ppm to CFR 180.317(a) in/on lettuce to lettuce, dihydro-3,3-dimethyl-2-oxo-5- 0.20 ppm; and sheep, fat from 0.02 to head; fruit, stone to fruit, stone group benzofuranyl methanesulfonate both 0.20 ppm. The Agency determined that 12; nongrass animal feeds to animal calculated as parent compound in/on the increased tolerances are safe; i.e., feed, nongrass, group 18; radicchio, hog, fat at 0.05 ppm, hog, meat at 0.05 there is a reasonable certainty that no greens (tops) to radicchio; cattle, meat ppm and hog, meat byproducts at 0.05 harm will result from aggregate byproducts, except kidney, liver; goat, ppm. Also, EPA proposes increasing the exposure to the pesticide chemical meat byproducts, except kidney, liver; tolerances in/on beet, sugar, roots from residue. hog, meat byproducts, except kidney, 0.1 to 0.3 ppm; beet, sugar, tops from

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1.00 to 4.0 ppm; beet, garden, tops from (This change also harmonizes the eggplant; 0.5 ppm in/on horseradish; 5.0 4.0 to 5.0 ppm in newly revised 40 CFR residues for regulation with MRLs for ppm in/on mushroom; 0.50 ppm in/on 180. 345(a). The Agency determined Codex, Canada and Mexico.) pepper, bell; 1.0 ppm in/on peach; 0.05 that the increased tolerances are safe; Consequently, the existing separation of ppm in/on fruit, pome, group 11 (in i.e., there is a reasonable certainty that plant tolerances in 40 CFR 180.378(b) place of individual apple and pear no harm will result from aggregate and animal tolerances in 180.378(c) is tolerances); 1.50 ppm in/on vegetable, exposure to the pesticide chemical no longer needed and should be cucurbit, group 9. The Agency also residue. combined into newly revised 40 CFR determined that the tolerances should Based on the 0.5x processing factor 180.378(a). Regional tolerances in 40 be decreased and separated (by field, for refined sugar and the highest average CFR 180.378(d) should be transferred to sweet, and pop varieties) for corn, field trial residues of 0.25 ppm in beet 180.378(c), and newly revised paragraph forage; and corn, stover as follows: 50 roots, the expected combined (b) and (d) should be established and ppm in/on corn, field, forage; 50 ppm ethofumesate residues of concern would reserved for section 18 emergency in/on corn, sweet, forage; 30 ppm in/on be 0.125 ppm in refined sugar; therefore, exemptions and indirect or inadvertent corn, field, stover; 30 ppm in/on corn, the Agency has determined the residues, respectively, in order to pop, stover; and 30 ppm in/on corn, tolerance for refined sugar should be conform to current Agency practice. sweet, stover. Therefore, EPA proposes 0.20 ppm. EPA is also modifying Therefore, EPA proposes changing the decreasing and revising tolerances in commodity terminology to conform to tolerance expression and transferring newly revised 40 CFR 180.378(a) for the current Agency practice. Therefore, EPA tolerances in 40 CFR 180.378(b) and (c) combined permethrin residues of is proposing to establish the tolerances into 40 CFR 180.378(a) for the combined concern in/on alfalfa, forage from 25.0 in newly revised 40 CFR 180.345(a) for residues of the insecticide cis- and to 20 ppm; alfalfa, hay from 55.0 to 45 the combined residues of the herbicide trans-permethrin isomers [cis-(3- ppm; artichoke, globe from 10.0 to 5.0 ethofumesate (2-ethoxy-2,3-dihydro-3,3- phenoxyphenyl)methyl 3-(2,2- ppm; cauliflower from 1.0 to 0.50 ppm; dimethyl-5-benzofuranyl dichloroethenyl)-2,2- corn, forage from 60.0 ppm to corn, methanesulfonate) and its metabolites 2- dimethylcyclopropane carboxylate] and field, forage at 50 ppm and corn, sweet, hydroxy-2,3-dihydro-3,3-dimethyl-5- [trans-(3-phenoxyphenyl)methyl 3-(2,2- forage at 50 ppm; corn, stover at 60.0 benzofuranyl methanesulfonate and 2,3- dichloroethenyl)-2,2- ppm to corn, field, stover at 30 ppm and dihydro-3,3-dimethyl-2-oxo-5- dimethylcyclopropane carboxylate] in/ corn, pop, stover at 30 ppm and corn, benzofuranyl methanesulfonate both on food commodities; reserving 40 CFR sweet, stover at 30 ppm; eggplant from calculated as parent compound in/on 180.378(b) for section 18 exemptions; 1.0 to 0.50 ppm; horseradish from 1.0 to beet, sugar, refined sugar at 0.20 ppm. transferring the tolerances in 40 CFR 0.50 ppm; mushroom from 6.0 to 5.0 Also, EPA proposes modifying 180.378(d) to 40 CFR 180.378 (c) ppm; pepper, bell from 1.0 to 0.5 ppm; tolerances in newly recodified 40 CFR tolerances with regional registrations for peach from 5.0 to 1.0 ppm; apple at 0.05 180.345(a) from sugar beet molasses to the combined residues of the insecticide ppm and pear at 3.0 ppm to fruit, pome, beet, sugar, molasses. cis- and trans-permethrin isomers [cis- group 11 at 0.05 ppm; vegetable, Since publication of the RED, EPA (3-phenoxyphenyl)methyl 3-(2,2- cucurbit, group 9 from 3.0 to 1.50 ppm. established tolerances in 40 CFR dichloroethenyl)-2,2- 180.345 in/on garden beets, sugar beets Based on a cattle/ruminant feeding dimethylcyclopropane carboxylate] and and carrots. study (at 10 and 50 ppm) and the Currently, there are no Codex MRLs [trans-(3-phenoxyphenyl)methyl 3-(2,2- maximum theoretical dietary burden in place for ethofumesate. dichloroethenyl)-2,2- (MTDB) of 40.3 ppm for dairy cattle, the 8. Permethrin. The tolerance on dimethylcyclopropane carboxylate] in/ maximum expected residues of cotton, undelinted seed at 0.5 ppm in 40 on food commodities; and reserving 40 permethrin would be 0.088 ppm in CFR 180.378(a) expired on November CFR 180.378(d) for indirect or whole milk (2.20 ppm in milk fat), 0.064 15, 1997, and should be removed from inadvertent residues. ppm in meat, 0.88 ppm in fat, and 0.048 the CFR. Because the only tolerance in EPA is modifying commodity ppm in meat byproducts, the Agency 40 CFR 180.378(a) has expired, EPA terminology to conform to current determined the tolerances should be 1.5 proposes removing existing 40 CFR Agency administrative practice and ppm for cattle, goat, horse, and sheep 180.378(a) in its entirety. Currently, based on available field trial data that fat; 0.10 ppm for cattle, goat, horse, and tolerances in 40 CFR 180.378(b) indicate residues of permethrin as high sheep meat; 0.10 ppm for cattle, goat, permethrin [(3-phenoxyphenyl)methyl as 15.2 ppm in/on alfalfa (fresh), 44.5 horse, and sheep meat byproducts; and 3-(2,2-dichloroethenyl)-2,2- ppm in/on alfalfa hay, 4.0 ppm in/on 3.0 ppm for milk, fat. A hog feeding dimethylcyclopropane carboxylate], globe artichokes, 0.32 ppm in/on study is not available; however, the DCVA [3-(2,2-dichloroethenyl)-2,2- cauliflower, 42.6 ppm in/on corn forage, maximum potential residues resulting dimethylcyclopropane carboxylate], and 27.1 ppm in/on field and sweet corn from dietary exposure can be estimated MPBA [3-phenoxyphenyl)methanol (3- stover, 0.26 ppm in/on eggplant, 0.48 for hogs using data from the above phenoxybenzoic acid)] on plant ppm in/on horseradish, 4.9 ppm in/on ruminant feeding study. The 10 ppm commodities; 180.378(c) permethrin, mushrooms, 0.92 ppm in/on peaches, feeding level in the cattle feeding study DCVA, MPBA, and 3-phenoxybenzoic <0.02 ppm in/on pears and apples, 0.47 is equivalent to 167x the MTDB for acid (3-PBA) in/on animal commodities; in/on bell peppers, 1.27 ppm in/on swine. The maximum expected residues and 180.378(d) regional registrations are squash, 0.52 ppm in/on cucumbers and for permethrin in hogs would be <0.01 regulated for permethrin, DCVA and 1.2 ppm in/on melons (where squash, ppm in meat, meat byproducts, and in MPBA. Based on new toxicity studies cucumber and melon are representative fat; therefore, the Agency has and structural (molecular level) activity of the vegetable cucurbit group 9); the determined the tolerances should be relationship (SAR) considerations, the Agency determined that the tolerance 0.05 ppm for hog fat, meat and meat Agency determined that residues of should be decreased to 20.0 ppm in/on byproducts. Based on poultry feeding concern for regulation should consist of alfalfa, forage; 45 ppm in/on alfalfa, hay; studies and the MTDB of 4.05 ppm and the cis- and trans-permethrin isomers 5.0 ppm in/on artichoke, globe; 0.50 11 ppm for poultry, the maximum for both plant and animal commodities. ppm in/on cauliflower; 0.50 ppm in/on potential residues of permethrin would

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be 0.025 ppm in eggs; <0.01 ppm in exposure to the pesticide chemical Codex MRLs. Therefore, the Agency has liver; 0.009 ppm in muscle; and 0.25– residue. determined to retain and decrease the 0.30 ppm in fat, the Agency determined Based on available field trial data that tolerances from 0.02 to 0.01 ppm in the tolerances should be 0.10 ppm for indicate residues of permethrin as high meat and meat byproducts of cattle, egg and 0.05 ppm for poultry meat as 4.0 ppm in/on celery, the Agency has goats, hogs, horses, and sheep to byproducts. Therefore, EPA proposes determined the individual tolerance on harmonize with current Codex MRLs decreasing and modifying tolerances in celery should be replaced with the leaf (which were reduced from 0.02 ppm to newly revised 40 CFR 180.378(a) for the petioles subgroup 4B at 5.0 ppm. Based 0.01 ppm since publication of the RED). combined permethrin residues of on available data that indicate residues Therefore, EPA proposes revoking the concern in/on cattle, fat from 3.0 to 1.50 of permethrin as high as 0.386 ppm in/ tolerances in 40 CFR 180.406(a) for ppm; cattle, meat from 0.25 to 0.10 ppm; on aspirated grain fractions, the Agency dimethipin residues of concern in or on cattle, meat byproducts from 2.0 to 0.10 has determined the tolerance should be cattle, fat at 0.02 ppm; goat, fat at 0.02 ppm; egg from 1.0 to 0.10 ppm; goat, fat established for grain, aspirated fractions ppm; hog, fat at 0.02 ppm, horse, fat at from 3.0 to 1.50 ppm; goat, meat from at 0.50 ppm. Therefore, EPA proposes 0.02 ppm and sheep fat at 0.02 ppm and 0.25 to 0.10 ppm; goat, meat byproducts establishing the tolerance in newly decreasing the tolerances in/on cattle, from 2.0 to 0.10 ppm; hog, fat from 3.0 revised 40 CFR 180.378(a) for the meat from 0.02 to 0.01 ppm; cattle, meat to 0.05 ppm; hog, meat from 0.25 to 0.05 combined permethrin residues of byproducts from 0.02 to 0.01 ppm; goat, ppm; hog, meat byproducts from 3.0 to concern in/on grain, aspirated fractions meat from 0.02 to 0.01 ppm; goat, meat 0.05 ppm; horse, fat from 3.0 to 1.50 at 0.50 ppm and revising from celery to byproducts from 0.02 to 0.01 ppm; hog, ppm; horse, meat from 0.25 to 0.10 ppm; leaf petioles subgroup 4B at 5.0 ppm. meat from 0.02 to 0.01 ppm; hog, meat horse, meat byproducts from 2.0 to 0.10 EPA is also modifying commodity byproducts from 0.02 to 0.01 ppm; ppm; milk, fat (reflecting 0.25 ppm in terminology to conform to current horse, meat from 0.02 to 0.01 ppm; whole milk) from 6.25 to milk, fat Agency administrative practice; horse, meat byproducts from 0.02 to (reflecting 0.88 ppm in whole milk) at therefore, the Agency proposes revising 0.01 ppm; sheep, meat from 0.02 to 0.01 3.0 ppm; poultry, meat byproducts from the terminology for tolerances in newly ppm; and sheep, meat byproducts from 0.25 to 0.05 ppm; sheep, fat from 3.0 to revised 40 CFR 180.378(a) for the 0.02 to 0.01ppm. 1.50 ppm; sheep, meat from 0.25 to 0.10 combined residues of the insecticide Tolerances are currently established ppm; and sheep, meat byproducts from permethrin [(3-phenoxyphenyl)methyl on cotton, undelinted seed at 0.05 ppm 2.0 to 0.10 ppm. 3-(2,2-dichloroethenyl)-2,2- and cotton, hulls at 0.7 ppm. Because Based on available field trial data that dimethylcyclopropane carboxylate] and the processing data for cotton, hulls indicate residues of permethrin as high its cis- andtrans-isomers in/on corn, indicate an average concentration factor as 11.27 ppm in/on collards, 8.25 ppm grain to corn, field, grain and corn, pop, of 0.95x, tolerances for cotton, hulls are in/on turnip greens and 0.12 ppm in/on grain; filbert to hazelnut; onion, dry not necessary since residues do not turnip roots, the Agency determined bulb to onion, bulb; garlic to garlic, concentrate and the tolerance for cotton, that the tolerance should be decreased bulb; and soybean to soybean, seed. undelinted seed will cover residues on to 15 ppm in/on collards; 10 ppm in/on The proposed tolerance actions herein cotton hulls. Therefore, EPA is turnip, greens; and 0.20 ppm in/on for permethrin, to implement the proposing to revoke the tolerances in 40 turnip, roots. Therefore, EPA proposes recommendations of the permethrin CFR 180.406(a) for dimethipin residues decreasing and revising tolerances in RED, reflect use patterns in the U.S. of concern in/on cotton, hulls at 0.7 newly revised 40 CFR 180.378(c) for the which support a different tolerance than ppm. combined permethrin residues of the Codex level on pome fruit, Currently, the Codex MRLs and U.S. concern in/on collards from 20 to 15 asparagus, eggplant, cherries, peaches, tolerances for dimethipin are not ppm; turnip, greens from 20 ppm to bell peppers, and meats of cattle, goats, harmonized in/on cotton seed and turnip, tops at 10 ppm; and turnip, roots hogs, horses, sheep and poultry because cotton seed oil because of differences in from 1 to 0.20 ppm. EPA also proposes of differences in good agricultural good agricultural practices. However, recodifying and revising grass, range at practices and determination of the proposed tolerance actions herein to 15 ppm in newly revised 40 CFR secondary residue levels in livestock implement the dimethipin RED will 180.378(a) to 40 CFR 180.378(c) as grass, commodities. However, compatibility harmonize U.S. tolerances and Codex hay at 15 ppm and grass, forage at 15 currently exists with potatoes and MRLs in or on meat and meat ppm. soybean seed, and will exist between byproducts of cattle, goats, hogs, horses Based on available field trial data that the proposed reassessed U.S. tolerances and sheep. indicate residues of permethrin as high and Codex MRLs for permethrin 10. Fenarimol. Currently, the as 1.24 ppm in/on asparagus, 1.76 ppm residues in or on broccoli, cauliflower, tolerance in 40 CFR 180.421(a) for in/on broccoli, and 3.94 ppm in/on eggs, and horseradish. residues of fenarimol in/on apple is 0.1 cherries, the Agency determined that 9. Dimethipin. The available animal ppm (September 15, 2006, 71 FR 54423) the tolerance should be increased to 2.0 feeding study data reflecting (FRL–8077–9). The Codex MRL is 0.3 ppm in/on asparagus, 2.0 ppm in/on exaggerated dosing levels indicate that ppm. EPA proposes increasing the broccoli, and 4.0 ppm in/on cherry. there is no expectation of finite residues tolerances in 40 CFR 180.421(a) for Therefore, EPA proposes increasing and (category 3 of 40 CFR 180.6(a)(3)) in the residues of fenarimol in/on apple from revising tolerances in newly revised 40 fat, meat, and meat byproducts of cattle, 0.1 to 0.3 ppm in order to harmonize CFR 180.378(a) for the combined goats, hogs, horses, and sheep so that a with Codex in response to concerns permethrin residues of concern in/on tolerance is not necessary for the fat, raised by the Chinese after publication asparagus from 1.0 to 2.0 ppm; broccoli meat and meat byproducts of cattle, of the September 15, 2006 Federal from 1.0 to 2.0 ppm; and cherry from 3.0 goats, hogs, horses, and sheep and Register rulemaking. The Agency to cherry, sweet at 4.0 ppm and cherry, should be revoked. However, the determined that the increased tolerances tart at 4.0 ppm. The Agency determined Agency has decided to retain the are safe; i.e., there is a reasonable that the increased tolerances are safe; tolerances in the meat and meat certainty that no harm will result from i.e., there is a reasonable certainty that byproducts of cattle, goats, hogs, horses, aggregate exposure to the pesticide no harm will result from aggregate and sheep solely to harmonize with chemical residue.

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11. Fomesafen. Currently, the actions, including modifications to pesticides in order to prevent potential tolerance in 40 CFR 180.433(a) for reflect current use patterns, to meet misuse. residues of fomesafen in/on bean, dry safety findings, and change commodity Furthermore, as a general matter, the and bean, snap, succulent are each names and groupings in accordance Agency believes that retention of import 0.025 ppm (May 3, 2006 (71 FR 25945) with new EPA policy. Printed and tolerances not needed to cover any (FRL–8062–6). The Canadian MRL is electronic copies of the REDs and imported food may result in 0.05 ppm bean, dry and bean, snap, TREDs are available as provided in Unit unnecessary restriction on trade of succulent. EPA proposes increasing the II.A. pesticides and foods. Under section 408 tolerances in 40 CFR 180.433(a) for EPA has issued post-FQPA REDs for of the FFDCA, a tolerance may only be residues of fomesafen in/on bean, dry 2,4-D, dodine, DCPA, endothall, established or maintained if EPA and bean, snap, succulent from 0.025 to ethofumesate, permethrin, and determines that the tolerance is safe 0.05 ppm in order to harmonize with dimethipin, and TREDs for captan, based on a number of factors, including the Canadian MRLs in support of North propyzamide, and fenarimol, whose an assessment of the aggregate exposure American Free Trade Agreement REDs were both completed prior to to the pesticide and an assessment of (NAFTA). The Agency determined that FQPA.1 REDs and TREDs contain the the cumulative effects of such pesticide the increased tolerances are safe; i.e., Agency’s evaluation of the data for these and other substances that have a there is a reasonable certainty that no pesticides, including requirements for common mechanism of toxicity. In harm will result from aggregate additional data on the active ingredients doing so, EPA must consider potential exposure to the pesticide chemical to confirm the potential human health contributions to such exposure from all residue. and environmental risk assessments tolerances. If the cumulative risk is such B. What is the Agency’s Authority for associated with current product uses, that the tolerances in aggregate are not Taking this Action? and in REDs state conditions under safe, then every one of these tolerances which these uses and products will be is potentially vulnerable to revocation. A ‘‘tolerance’’ represents the Furthermore, if unneeded tolerances are maximum level for residues of pesticide eligible for reregistration. The REDs and included in the aggregate and chemicals legally allowed in or on raw TREDs recommended the establishment, cumulative risk assessments, the agricultural commodities and processed modification, and/or revocation of estimated exposure to the pesticide foods. Section 408 of FFDCA, 21 U.S.C. specific tolerances. RED and TRED would be inflated. Consequently, it may 346a, as amended by the FQPA of 1996, recommendations such as establishing be more difficult for others to obtain Public Law 104–170, authorizes the or modifying tolerances, and in some needed tolerances or to register needed establishment of tolerances, exemptions cases revoking tolerances, are the result new uses. To avoid potential trade from tolerance requirements, of assessment under the FQPA standard restrictions, the Agency is proposing to modifications in tolerances, and of ‘‘reasonable certainty of no harm.’’ revoke tolerances for residues on crops revocation of tolerances for residues of However, tolerance revocations pesticide chemicals in or on raw recommended in REDs and TREDs that uses for which FIFRA registrations no agricultural commodities and processed are proposed in this document do not longer exist, unless someone expresses foods. Without a tolerance or need such assessment when the a need for such tolerances. Through this exemption, food containing pesticide tolerances are no longer necessary. proposed rule, the Agency is inviting individuals who need these import residues is considered to be unsafe and EPA’s general practice is to propose tolerances to identify themselves and therefore ‘‘adulterated’’ under section revocation of tolerances for residues of the tolerances that are needed to cover 402(a) of the FFDCA, 21 U.S.C. 342(a). pesticide active ingredients on crops for imported commodities. Such food may not be distributed in which FIFRA registrations no longer interstate commerce (21 U.S.C. 331(a)). exist and on which the pesticide may Parties interested in retention of the For a food-use pesticide to be sold and therefore no longer be used in the tolerances should be aware that distributed, the pesticide must not only United States. EPA has historically been additional data may be needed to have appropriate tolerances under the concerned that retention of tolerances support retention. These parties should FFDCA, but also must be registered that are not necessary to cover residues be aware that, under FFDCA section under FIFRA (7 U.S.C. 136 et seq.). in or on legally treated foods may 408(f), if the Agency determines that Food-use pesticides not registered in the encourage misuse of pesticides within additional information is reasonably United States must have tolerances in the United States. Nonetheless, EPA required to support the continuation of order for commodities treated with will establish and maintain tolerances a tolerance, EPA may require that those pesticides to be imported into the even when corresponding domestic uses parties interested in maintaining the United States. are canceled if the tolerances, which tolerances provide the necessary EPA is proposing these tolerance EPA refers to as ‘‘import tolerances,’’ are information. If the requisite information actions to implement the tolerance necessary to allow importation into the is not submitted, EPA may issue an recommendations made during the United States of food containing such order revoking the tolerance at issue. reregistration and tolerance pesticide residues. However, where When EPA establishes tolerances for reassessment processes (including there are no imported commodities that pesticide residues in or on raw follow-up on canceled or additional require these import tolerances, the agricultural commodities, consideration uses of pesticides). As part of these Agency believes it is appropriate to must be given to the possible residues processes, EPA is required to determine revoke tolerances for unregistered of those chemicals in meat, milk, whether each of the amended tolerances poultry, and/or eggs produced by animals that are fed agricultural meets the safety standard of the Food 1 A RED for fomesafen was not needed because it Quality Protection Act (FQPA). The was registered after November 1, 1984 and not products (for example, grain or hay) safety finding determination is subject to reregistration eligibility, and its containing pesticides residues (40 CFR discussed in detail in each post-FQPA tolerances were reassessed prior to completion of a 180.6). When considering this TRED, such that a RED for fomesafen was no longer possibility, EPA can conclude that: RED and TRED for the active ingredient. needed because EPA made a safety finding which REDs and TREDs recommend the reassessed its tolerances according to FQPA 1. Finite residues will exist in meat, implementation of certain tolerance standards. milk, poultry, and/or eggs.

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2. There is a reasonable expectation records that verify the dates when the is not subject to Executive Order 13211, that finite residues will exist. pesticide was applied to such food. Actions Concerning Regulations That 3. There is a reasonable expectation Significantly Affect Energy Supply, III. Are the Proposed Actions that finite residues will not exist. If Distribution, or Use (66 FR 28355, May there is no reasonable expectation of Consistent with International Obligations? 22, 2001). This proposed rule does not finite pesticide residues in or on meat, contain any information collections milk, poultry, or eggs, tolerances do not The tolerance revocations in this subject to OMB approval under the need to be established for these proposal are not discriminatory and are Paperwork Reduction Act (PRA), 44 commodities (40 CFR 180.6(b) and (c)). designed to ensure that both U.S.C. 3501 et seq., or impose any EPA has evaluated certain specific domestically produced and imported enforceable duty or contain any meat, milk, poultry, and egg tolerances foods meet the food safety standard unfunded mandate as described under proposed for revocation in this established by the FFDCA. The same Title II of the Unfunded Mandates proposed rule and has concluded that food safety standards apply to Reform Act of 1995 (UMRA) (Public there is no reasonable expectation of domestically produced and imported Law 104–4). Nor does it require any finite pesticide residues of concern in or foods. special considerations as required by In making its tolerance decisions, EPA on those commodities. Executive Order 12898, entitled Federal seeks to harmonize U.S. tolerances with C. When do These Actions Become international standards whenever Actions to Address Environmental Effective? possible, consistent with U.S. food Justice in Minority Populations and EPA is proposing that modifications, safety standards and agricultural Low-Income Populations (59 FR 7629, establishment, commodity terminology practices. EPA considers the February 16, 1994); or OMB review or revisions, and revocation of these international MRLs established by the any other Agency action under tolerances become effective on the date Codex Alimentarius Commission, as Executive Order 13045, entitled of publication of the final rule in the required by section 408(b)(4) of the Protection of Children from Federal Register because (1) with FFDCA. The Codex Alimentarius is a Environmental Health Risks and Safety respect to the revocations, their joint U.N. Food and Agriculture Risks (62 FR 19885, April 23, 1997). associated uses have been canceled for Organization/World Health This action does not involve any several years and (2) none of the other Organization food standards program, technical standards that would require tolerance actions proposed here are and it is recognized as an international Agency consideration of voluntary expected to result in adulterated food safety standards-setting consensus standards pursuant to section commodities. The Agency believes that organization in trade agreements to 12(d) of the National Technology with respect to the tolerances proposed which the United States is a party. EPA Transfer and Advancement Act of 1995 for revocation, treated commodities may establish a tolerance that is (NTTAA), Public Law 104–113, section have had sufficient time for passage different from a Codex MRL; however, 12(d) (15 U.S.C. 272 note). Pursuant to through the channels of trade. However, FFDCA section 408(b)(4) requires that the Regulatory Flexibility Act (RFA) (5 if EPA is presented with information EPA explain the reasons for departing U.S.C. 601 et seq.), the Agency that existing stocks would still be from the Codex level in a notice previously assessed whether available and that information is published for public comment. EPA’s establishment of tolerances, exemptions verified, the Agency will consider effort to harmonize with Codex MRLs is from tolerances, raising of tolerance extending the expiration date of the summarized in the tolerance levels, expansion of exemptions, or tolerance. If you have comments reassessment section of individual REDs revocations might significantly impact a regarding existing stocks and whether and TREDs, and in the Residue substantial number of small entities and the effective date allows sufficient time Chemistry document which supports concluded that, as a general matter, for treated commodities to clear the the RED and TRED, as mentioned in these actions do not impose a significant channels of trade, please submit Unit II.A. Specific tolerance actions in economic impact on a substantial comments as described under this proposed rule and how they number of small entities. These analyses SUPPLEMENTARY INFORMATION. compare to Codex MRLs (if any) are for tolerance establishments and Any commodities listed in this discussed in Unit II.A. modifications, and for tolerance proposal treated with the pesticides revocations were published on May 4, IV. Statutory and Executive Order subject to this proposal, and in the 1981 (46 FR 24950) and on December Reviews channels of trade following the 17, 1997 (62 FR 66020), respectively, tolerance revocations, shall be subject to In this proposed rule, EPA is and were provided to the Chief Counsel FFDCA section 408(1)(5), as established proposing to establish tolerances under for Advocacy of the Small Business by FQPA. Under this section, any FFDCA section 408(e), or also modify Administration. Taking into account residues of these pesticides in or on and revoke specific tolerances this analysis, and available information such food shall not render the food established under FFDCA section 408. concerning the pesticides listed in this adulterated so long as it is shown to the The Office of Management and Budget proposed rule, the Agency hereby satisfaction of the Food and Drug (OMB) has exempted these types of certifies that this proposed action will Administration that: actions (e.g., establishment and not have a significant negative economic 1. The residue is present as the result modification of a tolerance and impact on a substantial number of small of an application or use of the pesticide tolerance revocation for which entities. In a memorandum dated May at a time and in a manner that was extraordinary circumstances do not 25, 2001, EPA determined that eight lawful under FIFRA, and exist) from review under Executive conditions must all be satisfied in order 2. The residue does not exceed the Order 12866, entitled Regulatory for an import tolerance or tolerance level that was authorized at the time of Planning and Review (58 FR 51735, exemption revocation to adversely affect the application or use to be present on October 4, 1993). Because this proposed a significant number of small entity the food under a tolerance or exemption rule has been exempted from review importers, and that there is a negligible from a tolerance. Evidence to show that under Executive Order 12866 due to its joint probability of all eight conditions food was lawfully treated may include lack of significance, this proposed rule holding simultaneously with respect to

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any particular revocation. (This Agency the relationship between the Federal Parts per document is available in the docket of Government and Indian tribes, or on the Commodity million this proposed rule). Furthermore, for the distribution of power and pesticides named in this proposed rule, responsibilities between the Federal Vegetable, brassica leafy, the Agency knows of no extraordinary Government and Indian tribes, as group 5 ...... 0.05 Vegetable, bulb, group 3 ...... 0.05 circumstances that exist as to the specified in Executive Order 13175. Vegetable, cucurbit, group 9 .... 0.05 present proposal that would change Thus, Executive Order 13175 does not Vegetable, foliage of legume, EPA’s previous analysis. Any comments apply to this proposed rule. group 7 ...... 0.05 about the Agency’s determination Vegetable, fruiting, group 8 ...... 0.05 should be submitted to EPA along with List of Subjects in 40 CFR Part 180 Vegetable, leafy, except bras- comments on the proposal, and will be Environmental protection, sica, group 4 ...... 0.05 Vegetable, leaves of root and addressed prior to issuing a final rule. Administrative practice and procedure, In addition, the Agency has determined tuber, group 2 ...... 0.05 Agricultural commodities, Pesticides Vegetable, legume, group 6 ..... 0.05 that this action will not have a and pests, Reporting and recordkeeping Vegetable, root and tuber, substantial direct effect on States, on the requirements. group 1 ...... 0.05 relationship between the national government and the States, or on the Dated: May 30, 2007. (2) Tolerances are established for the distribution of power and Debra Edwards, combined residues of the fungicide, responsibilities among the various Director, Office of Pesticide Programs. captan (N-trichloromethylthio-4- levels of government, as specified in Therefore, it is proposed that 40 CFR cyclohexene-1,2-dicarboximide) and its Executive Order 13132, entitled chapter I be amended as follows: metabolite 1,2,3,6- Federalism (64 FR 43255, August 10, tetrahydrophthalimide (THPI), 1999). Executive Order 13132 requires PART 180—[AMENDED] measured at THPI, in or on the EPA to develop an accountable process 1. The authority citation for part 180 following commodities: to ensure ‘‘meaningful and timely input continues to read as follows: by State and local officials in the Commodity Parts per development of regulatory policies that Authority: 21 U.S.C. 321(q), 346a and 371. million have federalism implications.’’ ‘‘Policies 2. Section 180.103 is revised to read that have federalism implications’’ is as follows: Cattle, fat ...... 0.15 Cattle, meat ...... 0.20 defined in the Executive Order to § 180.103 Captan; tolerances for residues. Cattle, meat byproducts ...... 0.30 include regulations that have (a)(1) General. Tolerances are Goat, fat ...... 0.15 ‘‘substantial direct effects on the States, Goat, meat ...... 0.20 on the relationship between the national established for residues of the fungicide, Goat, meat byproducts ...... 0.30 government and the States, or on the captan (N-trichloromethylthio-4- Hog, fat ...... 0.15 distribution of power and cyclohexene-1,2-dicarboximide) in or on Hog, meat ...... 0.20 responsibilities among the various the following commodities: Hog, meat byproducts ...... 0.30 levels of government.’’ This proposed Horse, fat ...... 0.15 Parts per rule directly regulates growers, food Commodity Horse, meat ...... 0.20 million Horse, meat byproducts ...... 0.30 processors, food handlers and food Milk ...... 0.10 retailers, not States. This action does not Almond ...... 0.25 Sheep, fat ...... 0.15 alter the relationships or distribution of Almond, hulls ...... 75.0 Sheep, meat ...... 0.20 power and responsibilities established Animal feed, nongrass, group Sheep, meat byproducts ...... 0.30 by Congress in the preemption 18 ...... 0.05 provisions of section 408(n)(4) of the Apple ...... 25.0 (b) Section 18 emergency exemptions. Apricot ...... 10.0 FFDCA. For these same reasons, the Blueberry ...... 20.0 [Reserved] Agency has determined that this Caneberry, subgroup 13A ...... 25.0 (c) Tolerances with regional proposed rule does not have any ‘‘tribal Cherry, sweet ...... 50.0 registrations. [Reserved] implications’’ as described in Executive Cherry, tart ...... 50.0 (d) Indirect or inadvertent residues. Order 13175, entitled Consultation and Cotton, undelinted seed ...... 0.05 [Reserved] Coordination with Indian Tribal Dill, seed ...... 0.05 3. Section 180.142 is revised to read Governments (65 FR 67249, November Flax, seed ...... 0.05 as follows: 6, 2000). Executive Order 13175, Grape ...... 25.0 requires EPA to develop an accountable Grain, cereal, forage, fodder § 180.142 2, 4-D; tolerances for residues and straw, group 16 ...... 0.05 process to ensure ‘‘meaningful and (a) General. Tolerances are Grain, cereal, group 15 ...... 0.05 established for residues of the herbicide, timely input by tribal officials in the Grass, forage ...... 0.05 development of regulatory policies that Grass, hay ...... 0.05 plant regulator, and fungicide 2, 4-D have tribal implications.’’ ‘‘Policies that Nectarine ...... 25.0 (2,4-dichlorophenoxyacetic acid), both have tribal implications’’ is defined in Okra ...... 0.05 free and conjugated, determined as the the Executive Order to include Peach ...... 15.0 acid, in or on the following food regulations that have ‘‘substantial direct Peanut ...... 0.05 commodities: effects on one or more Indian tribes, on Peanut, hay ...... 0.05 Pear ...... 25.0 the relationship between the Federal Commodity Parts per Plum, prune, fresh ...... 10.0 million Government and the Indian tribes, or on Rapeseed, forage ...... 0.05 the distribution of power and Rapeseed, seed ...... 0.05 Almond hulls ...... 0.1 responsibilities between the Federal Safflower, seed ...... 0.05 Asparagus ...... 5.0 Government and Indian tribes.’’ This Sesame, seed ...... 0.05 Barley, bran ...... 4.0 proposed rule will not have substantial Strawberry ...... 20.0 Barley, grain ...... 2.0 direct effects on tribal governments, on Sunflower, seed ...... 0.05 Barley, straw ...... 50

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Parts per Parts per (c) Tolerances with regional Commodity million Commodity million registrations. [Reserved] (d) Indirect or inadvertent residues. Berry, group 13 ...... 0.2 Wheat, straw ...... 50 Cattle, fat ...... 0.3 [Reserved] Cattle, kidney ...... 4.0 (b) Section 18 emergency exemptions. 5. Section 180.185 is revised to read Cattle, meat ...... 0.3 [Reserved] as follows: Cattle, meat byproducts, except (c) Tolerances with regional kidney ...... 0.3 registrations. Tolerances with regional § 180.185 DCPA; tolerances for residues. Corn, field, forage ...... 6.0 registration, as defined in § 180.1(m) are (a) General. Tolerances for the Corn, field, grain ...... 0.05 established for residues of the herbicide, combined residues of the herbicide Corn, field, stover ...... 50 plant regulator, and fungicide 2, 4-D Corn, pop, grain ...... 0.05 dimethyl tetrachloroterephthalate Corn, pop, stover ...... 50 (2,4-dichlorophenoxyacetic acid), both (DCPA) and its metabolites Corn, sweet, forage ...... 6.0 free and conjugated, determined as the monomethyltetrachloroterephthalate Corn, sweet, kernel plus cob acid, in or on the following food (MTP) and tetrachloroterephthalic acid with husks removed ...... 0.05 commodities: (TCP) (calculated as dimethyl Corn, sweet, stover ...... 50 tetrachloroterephthalate) are established Fish ...... 0.1 Parts per in or on the following food Commodity million Fruit, citrus, group 10 ...... 3.0 commodities: Fruit, pome, group 11 ...... 0.1 Rice, wild, grain ...... 0.05 Fruit, stone, group 12 ...... 0.1 Parts per Goat, fat ...... 0.3 Commodity million Goat, kidney ...... 4.0 (d) Indirect or inadvertent residues. Goat, meat ...... 0.3 Tolerances are established for indirect Cantaloupe ...... 1.0 Goat, meat byproducts, except or inadvertent residues of the herbicide, Garlic ...... 1.0 kidney ...... 0.3 plant regulator, and fungicide 2, 4-D Ginseng ...... 2.0 Grain, aspirated fractions ...... 40 (2,4-dichlorophenoxyacetic acid), both Horseradish ...... 2.0 Grape ...... 0.1 free and conjugated, determined as the Muskmelon ...... 1.0 Grass, forage ...... 360 acid, in or on the following food Onion, bulb ...... 1.0 Grass, hay ...... 300 commodities: Strawberry ...... 2.0 Hop, dried cones ...... 0.2 Tomato ...... 1.0 Horse, fat ...... 0.3 Watermelon ...... 1.0 Horse, kidney ...... 4.0 Parts per Commodity million Horse, meat ...... 0.3 Horse, meat byproducts, except (b) Section 18 emergency exemptions. Animal feed, nongrass, group [Reserved] kidney ...... 0.3 18 ...... 0.2 Millet, forage ...... 25 Avocado ...... 0.05 (c) Tolerances with regional Millet, grain ...... 2.0 Dill, seed ...... 0.05 registrations. Tolerances with regional Millet, straw ...... 50 Cotton, undelinted seed ...... 0.05 registration, as defined in § 180.1(m) for Milk ...... 0.05 Okra ...... 0.05 the combined inadvertent residues of Nut, tree, group 14 ...... 0.2 Vegetable, brassica leafy, Oat, forage ...... 25 the herbicide dimethyl group 5 ...... 0.4 tetrachloroterephthalate (DCPA) and its Oat, grain ...... 2.0 Vegetable, bulb, group 3 ...... 0.05 Oat, straw ...... 50 Vegetable, cucurbit, group 9 .... 0.05 metabolites monomethyl Pistachio ...... 0.05 Vegetable, foliage of legume, tetrachloroterephthalate acid (MTP) and Potato ...... 0.4 group 7 ...... 0.2 terachlorophthalic acid (TCP) Rice, grain ...... 0.5 Vegetable, fruiting, group 8 ...... 0.05 (calculated as DCPA) in or on the Rice, hulls ...... 2.0 Vegetable, leafy, except bras- following food commodities: Rice, straw ...... 10 sica, group 4 ...... 0.4 Rye, bran ...... 4.0 Vegetable, legume, group 6 ..... 0.05 Parts per Rye, forage ...... 25 Commodity million Rye, grain ...... 2.0 4. Section 180.172 is revised to read Rye, straw ...... 50 as follows: Radish, roots ...... 2.0 Sheep, fat ...... 0.3 Radish, tops ...... 15.0 Sheep, kidney ...... 4.0 § 180.172 Dodine; tolerances for residues. Sheep, meat ...... 0.3 (a) General. Tolerances are (d) Indirect or inadvertent residues. Sheep, meat byproducts, ex- established for the fungicide dodine (n- Tolerances for the combined indirect or cept kidney ...... 0.3 dodecylguanidine acetate) in or on the inadvertent residues of the herbicide Shellfish ...... 1.0 following food commodities: Sorghum, grain, forage ...... 0.2 dimethyl tetrachloroterephthalate (DCPA) and its metabolites monomethyl Sorghum, grain, grain ...... 0.2 Parts per Sorghum, grain, stover ...... 0.2 Commodity million tetrachloroterephthalate acid (MTP) and Soybean, forage ...... 0.02 terachlorophthalic acid (TCP) Soybean, hay ...... 2.0 Apple ...... 5.0 (calculated as DCPA) in or on the Soybean, seed ...... 0.02 Apple, wet pomace ...... 15.0 following food commodities: Strawberry ...... 0.1 Cherry, sweet ...... 3.0 Sugarcane, cane ...... 0.05 Cherry, tart ...... 3.0 Parts per Sugarcane, molasses ...... 0.2 Peach ...... 5.0 Commodity million Vegetable, leaves of root and Pear ...... 5.0 tuber, except potato, group 2 0.1 Pecan ...... 0.3 Basil, dried leaves ...... 20.0 Vegetable, root and tuber, ex- Strawberry ...... 5.0 Basil, fresh leaves ...... 5.0 cept potato, group 1 ...... 0.1 Walnut ...... 0.3 Bean, dry ...... 2.0 Wheat, bran ...... 4.0 Bean, mung, seed ...... 2.0 Wheat, forage ...... 25 (b) Section 18 emergency exemptions. Bean, snap, succulent ...... 2.0 Wheat, grain ...... 2.0 [Reserved] Celeriac ...... 2.0

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Parts per Parts per established for the combined residues of Commodity million Commodity million the herbicide propyzamide and its metabolites (containing the 3,5- Chicory, roots ...... 2.0 Alfalfa, seed ...... 10.0 dichlorobenzoyl moiety calculated as Chicory, tops ...... 5.0 Animal feed, nongrass, group 3,5-dichloro-N(1,1-dimethyl-2- Chive ...... 5.0 18 ...... 10.0 Coriander, leaves ...... 5.0 Apple ...... 0.1 propynyl)benzamide) in or on the Corn, field, forage ...... 0.4 Artichoke, globe ...... 0.01 following food commodities: Corn, field, grain ...... 0.05 Blackberry ...... 0.05 Corn, field, stover ...... 0.4 Blueberry ...... 0.05 Commodity Parts per Corn, pop, forage ...... 0.4 Boysenberry ...... 0.05 million Corn, pop, grain ...... 0.05 Cattle, fat ...... 0.2 Corn, pop, stover ...... 0.4 Cattle, kidney ...... 0.4 Pea, field, seed ...... 0.05 Corn, sweet, forage ...... 0.4 Cattle, liver ...... 0.4 Rhubarb ...... 0.1 Corn, sweet, kernel plus cob Cattle, meat ...... 0.02 with husks removed ...... 0.05 Cattle, meat byproducts, except (d) Indirect or inadvertent residues. Corn, sweet, stover ...... 0.4 kidney and liver ...... 0.02 Tolerances are established for the Cotton, undelinted seed ...... 0.2 Egg ...... 0.02 combined indirect or inadvertent Cucumber ...... 1.0 Endive ...... 1.0 residues of the herbicide propyzamide Dill ...... 5.0 Fruit, stone, group 12 ...... 0.1 and its metabolites (containing the 3,5- Eggplant ...... 1.0 Goat, fat ...... 0.2 dichlorobenzoyl moiety calculated as Lettuce ...... 2.0 Goat, kidney ...... 0.4 Marjoram ...... 5.0 Goat, liver ...... 0.4 3,5-dichloro-N(1,1-dimethyl-2- Parsley, dried leaves ...... 20.0 Goat, meat ...... 0.02 propynyl)benzamide) in or on the Parsley, leaves ...... 5.0 Goat, meat byproducts, except following food commodities: Pea, blackeyed, seed ...... 2.0 kidney and liver ...... 0.02 Pepper ...... 2.0 Grape ...... 0.1 Commodity Parts per Pimento ...... 2.0 Hog, fat ...... 0.2 million Potato ...... 2.0 Hog, kidney ...... 0.4 Radicchio ...... 5.0 Hog, liver ...... 0.4 Grain, cereal, forage, group 16 0.6 Radish, oriental, roots ...... 2.0 Hog, meat ...... 0.02 Grain, cereal, hay, group 16 .... 0.2 Radish, oriental, tops ...... 2.0 Hog, meat byproducts, except Grain, cereal, straw, group 16 .. 0.3 Rutabaga ...... 2.0 kidney and liver ...... 0.02 Soybean ...... 2.0 Horse, fat ...... 0.2 8. Section 180.345 is amended by Squash, summer ...... 1.0 Horse, kidney ...... 0.4 revising paragraph (a) to read as follows: Squash, winter ...... 1.0 Horse, liver ...... 0.4 Sweet potato ...... 2.0 Horse, meat ...... 0.02 § 180.345 Ethofumesate; tolerances for Turnip, roots ...... 2.0 Horse, meat byproducts, except residues. Turnip, tops ...... 5.0 kidney and liver ...... 0.02 (a) General. Tolerances for the Vegetable, brassica, leafy, Lettuce, head ...... 1.0 combined residues of the herbicide group 5 ...... 5.0 Milk ...... 0.02 Yam, true, tuber ...... 2.0 ethofumesate (2-ethoxy-2,3-dihydro-3,3- Pear ...... 0.1 dimethyl-5-benzofuranyl Poultry, fat ...... 0.02 methanesulfonate) and its metabolites 2- 6. Section 180.293 is amended by Poultry, liver ...... 0.2 revising paragraph (a)(1) to read as Poultry, meat ...... 0.02 hydroxy-2,3-dihydro-3,3-dimethyl-5- follows: Poultry, meat byproducts, ex- benzofuranyl methanesulfonate and 2,3- cept liver ...... 0.02 dihydro-3,3-dimethyl-2-oxo-5- § 180.293 Endothall; tolerances for Radicchio ...... 2.0 benzofuranyl methanesulfonate both residues. Raspberry ...... 0.05 calculated as parent compound in or on (a) General. (1) Tolerances are Sheep, fat ...... 0.2 the following food commodities: established for the combined residues of Sheep, kidney ...... 0.4 Sheep, liver ...... 0.4 endothall, 7-oxabicyclo [2, 2, 1] Commodity Parts per heptane-2, 3-dicarboxylic acid and its Sheep, meat ...... 0.02 million Sheep, meat byproducts, ex- monomethyl ester in or on the following cept kidney and liver ...... 0.02 Beet, garden, roots ...... 0.5 food commodities: Beet, garden, tops ...... 5.0 (b) Section 18 emergency exemptions. Beet, sugar, molasses ...... 0.5 Parts per Beet, sugar, refined sugar ...... 0.2 Commodity million Time-limited tolerances are established for the combined residues of the Beet, sugar, roots ...... 0.3 Beet, sugar, tops ...... 4.0 Cotton, undelinted seed ...... 0.1 herbicide propyzamide and its Cattle, fat ...... 0.05 Fish 0.1 metabolites (containing the 3,5- Cattle, meat ...... 0.05 Hop, dried cones ...... 0.1 dichlorobenzoyl moiety calculated as Cattle, meat byproducts ...... 0.05 Potato ...... 0.1 3,5-dichloro-N(1,1-dimethyl-2- Garlic ...... 0.25 Rice, grain ...... 0.05 propynyl)benzamide) in or on the Goat, fat ...... 0.05 Rice, straw 0.05 following food commodities: Goat, meat ...... 0.05 Goat, meat byproducts ...... 0.05 * * * * * Expiration/ Grass, straw ...... 1.0 7. Section 180.317 is amended by Parts per Commodity million Revocation Horse, fat ...... 0.05 revising the table in paragraph (a), and Date Horse, meat ...... 0.05 paragraphs (b), (c), and (d), to read as Horse, meat byproducts ...... 0.05 follows: Cranberry ...... 0.05 12/31/09 Onion, bulb ...... 0.25 Shallot, bulb ...... 0.25 § 180.317 Propyzamide; tolerances for (c) Tolerances with regional Shallot, fresh leaves ...... 0.25 residues. registrations. Tolerances with regional Sheep, fat ...... 0.05 (a) General. *** registration, as defined in § 180.1(m) are Sheep, meat byproducts ...... 0.05

VerDate Aug<31>2005 16:37 Jun 05, 2007 Jkt 211001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\06JNP1.SGM 06JNP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Proposed Rules 31237

Parts per Parts per § 180.421 Fenarimol; tolerances for Commodity million Commodity million residues

Sheep, meat 0.05 Pistachio ...... 0.10 (a) General. * * * Potato ...... 0.05 Poultry, fat ...... 0.15 Parts per * * * * * Commodity million 9. Section 180.378 is revised to read Poultry, meat ...... 0.05 as follows: Poultry, meat byproducts ...... 0.05 Sheep, fat ...... 1.5 Apple ...... 0.3 ***** § 180.378 Permethrin; Tolerances for Sheep, meat ...... 0.10 residues. Sheep, meat byproducts ...... 0.10 * * * * * (a) General. Tolerances are Soybean, seed ...... 0.05 Spinach ...... 20 12. Section 180.433 is amended by established for the combined residues of Tomato ...... 2.0 the insecticide cis- and trans-permethrin Vegetable, cucurbit, group 9 .... 1.5 revising the entries for ‘‘Bean, dry’’ and isomers [cis-(3-phenoxyphenyl)methyl Vegetable, leafy, except bras- ‘‘Bean, snap, succulent’’ in the table in 3-(2,2-dichloroethenyl)-2,2- sica, group 4 ...... 20 paragraph (a) to read as follows: dimethylcyclopropane carboxylate] and Walnut ...... 0.05 Watercress ...... 5.0 § 180.433 Fomesafen; tolerances for [trans-(3-phenoxyphenyl)methyl 3-(2,2- residues dichloroethenyl)-2,2- dimethylcyclopropane carboxylate] in/ (b) Section 18 emergency exemptions. (a) General. * * * on the following food commodities: [Reserved] (c) Tolerances with regional Commodity Parts per Parts per registrations. Tolerances with regional million Commodity million registration, as defined in § 180.1(m) are established for the combined residues of Bean, dry ...... 0.05 Alfalfa, forage ...... 20 the insecticide cis- and trans-permethrin Bean, snap, succulent ...... 0.05 ***** Alfalfa, hay ...... 45 isomers [cis-(3-phenoxyphenyl)methyl Almond ...... 0.05 3-(2,2-dichloroethenyl)-2,2- Almond, hulls ...... 20 * * * * * dimethylcyclopropane carboxylate] and Artichoke, globe ...... 5.0 [FR Doc. E7–10863 Filed 6–5–07; 8:45 am] Asparagus ...... 2.0 [trans-(3-phenoxyphenyl)methyl 3-(2,2- Avocado ...... 1.0 dichloroethenyl)-2,2- BILLING CODE 6560–50–S Broccoli ...... 2.0 dimethylcyclopropane carboxylate] in/ Brussels sprouts ...... 1.0 on the following food commodities: Cabbage ...... 6.0 ENVIRONMENTAL PROTECTION Cattle, fat ...... 1.5 Parts per AGENCY Cattle, meat ...... 0.10 Commodity million Cattle, meat byproducts ...... 0.10 40 CFR Part 271 Cauliflower ...... 0.5 Collards ...... 15 Cherry, sweet ...... 4.0 Grass, forage ...... 15 [FRL–8322–4] Cherry, tart ...... 4.0 Grass, hay ...... 15 Corn, field, forage ...... 50 Papaya ...... 1.0 Ohio: Final Authorization of State Corn, field, grain ...... 0.05 Turnip, tops ...... 10 Hazardous Waste Management Corn, field, stover ...... 30 Turnip, roots ...... 0.20 Corn, pop, grain ...... 0.05 Program Revision Corn, pop, stover ...... 30 (d) Indirect or inadvertent residues. AGENCY: Corn, sweet, forage ...... 50 [Reserved] Environmental Protection Corn, sweet, kernel plus cob 10. Section 180.406 is amended by Agency (EPA). with husks removed ...... 0.10 revising the table in paragraph (a) to Corn, sweet, stover ...... 30 ACTION: Proposed rule. Egg ...... 0.10 read as follows: Eggplant ...... 0.50 § 180.406 Dimethipin; tolerances for SUMMARY: Ohio has applied to EPA for Fruit, pome, group 11 ...... 0.05 residues final authorization of the changes to its Garlic, bulb ...... 0.10 (a) General. *** hazardous waste program under the Grain, aspirated fractions ...... 0.50 Resource Conservation and Recovery Goat, fat ...... 1.5 Act (RCRA). EPA has reviewed Ohio’s Goat, meat ...... 0.10 Commodity Parts per Goat, meat byproducts ...... 0.10 million application and has preliminarily Hazelnut ...... 0.05 determined that these changes satisfy all Cotton, undelinted seed ...... 0.50 Hog, fat ...... 0.05 requirements needed to qualify for final Cattle, meat ...... 0.01 Hog, meat ...... 0.05 authorization, and is proposing to Cattle, meat byproducts ...... 0.01 Hog, meat byproducts ...... 0.05 Goat, meat ...... 0.01 authorize the State’s changes. Horse, fat ...... 1.5 Goat, meat byproducts ...... 0.01 Horse, meat ...... 0.10 DATES: Comments on this proposed rule Hog, meat ...... 0.01 Horse, meat byproducts ...... 0.10 must be received on or before July 6, Hog, meat byproducts ...... 0.01 Horseradish ...... 0.50 Horse, meat ...... 0.01 2007. Kiwifruit ...... 2.0 Horse, meat byproducts ...... 0.01 Leaf petioles subgroup 4B ...... 5.0 ADDRESSES: Submit your comments, Sheep, meat ...... 0.01 Lettuce, head ...... 20 Sheep, meat byproducts ...... 0.01 identified by Docket ID No. EPA–R05– Milk, fat (reflecting 0.88 ppm in RCRA–2007–0397 by one of the whole milk) ...... 3.0 * * * * * following methods: http:// Mushroom ...... 5.0 www.regulations.gov: Follow the on-line Onion, bulb ...... 0.10 11. Section 180.421 is amended by Peach ...... 1.0 revising the entry for ‘‘Apple’’ in the instructions for submitting comments. Pepper, bell ...... 0.50 table in paragraph (a) to read as follows: E-mail: [email protected].

VerDate Aug<31>2005 16:37 Jun 05, 2007 Jkt 211001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\06JNP1.SGM 06JNP1 rmajette on PROD1PC64 with PROPOSALS