[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Proposed Rules]
[Pages 47051-47068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17508]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2004-0154; FRL-7368-7]
Bromoxynil, Diclofop-methyl, Dicofol, Diquat, Etridiazole, et
al.; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to revoke certain tolerances for the
herbicides bromoxynil, diclofop-methyl, and paraquat; the fungicides
etridiazole (terrazole) and iprodione; the miticides dicofol and
propargite; and the plant growth regulator and herbicide diquat. Also,
EPA is proposing to remove duplicate tolerances for the herbicides
bromoxynil and picloram; the fumigant phosphine; the fungicide
iprodione; the miticides dicofol and propargite; and the insecticides
fenbutatin-oxide and hydramethylnon. In addition, EPA is proposing to
modify certain tolerances for the insecticide hydramethylnon; the
herbicides bromoxynil, paraquat, and triclopyr; the fungicides
etridiazole, folpet, iprodione, and triphenyltin hydroxide (TPTH); the
miticides dicofol and propargite; and the plant growth regulator and
herbicide diquat. Moreover, EPA is proposing to establish new
tolerances for the herbicides bromoxynil, paraquat, and picloram; the
fungicides etridiazole, folpet, and TPTH; the miticides dicofol and
propargite; the insecticide fenbutatin-oxide; and the plant growth
regulator and herbicide diquat. The regulatory actions proposed in this
document are part of the Agency's reregistration program under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the
tolerance reassessment requirements of the Federal Food, Drug, and
Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality
Protection Act (FQPA) of 1996. By law, EPA is required by August 2006
to reassess the tolerances in existence on August 2, 1996. No tolerance
reassessments will be counted at the time of a final rule because
tolerances in existence at FQPA that are associated with actions
proposed herein were previously counted as reassessed at the time of
the completed Registration Eligibility Decision (RED), Report on FQPA
Tolerance Reassessment Progress and Interim Risk Management Decision
(TRED), or Federal Register action.
DATES: Comments must be received on or before October 4, 2004.
ADDRESSES: Submit your comments, identified by docket ID number OPP-
2004-0154, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov/.
Follow the on-line instructions for submitting comments.
Agency Website: http://www.epa.gov/edocket/. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow
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the on-line instructions for submitting comments.
E-mail: Comments may be sent by e-mail to [email protected], Attention: Docket ID Number OPP-2004-0154.
Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID Number OPP-2004-0154.
Hand Delivery: Public Information and Records Integrity
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 South Bell
St., Arlington, VA, Attention: Docket ID Number OPP-2004-0154. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to docket ID number OPP-2004-
0154. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.epa.gov/edocket/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov
websites are ``anonymous access'' systems, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through EDOCKET or regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102) (FRL-7181-7).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket/. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Public Information and Records Integrity Branch (PIRIB),
Rm. 119, Crystal Mall 2, 1801 South Bell St., Arlington, VA.
This Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8037; e-mail
address:[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS 111)
Animal production (NAICS 112)
Food manufacturing (NAICS 311)
Pesticide manufacturing (NAICS 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit IIA. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies of This Document and Other
Related Information?
In addition to using EDOCKET (http://www.epa.gov/edocket/), you may
access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.
C. What Should I Consider as I Prepare My Comments for EPA?
Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
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D. What Can I do if I Wish the Agency to Maintain a Tolerance That the
Agency Proposes to Revoke?
This proposed rule provides a comment period of 60 days for any
person to state an interest in retaining a tolerance proposed for
revocation. If EPA receives a comment within the 60-day period to that
effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
FFDCA section 408(f) if needed. The order would specify data needed and
the time frames for its submission, and would require that within 90
days some person or persons notify EPA that they will submit the data.
If the data are not submitted as required in the order, EPA will take
appropriate action under FFDCA.
EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the
specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.
II. Background
A. What Action is the Agency Taking?
EPA is proposing to revoke, remove, modify, and establish specific
tolerances for residues of the insecticides fenbutatin-oxide and
hydramethylnon, the herbicides bromoxynil, diclofop-methyl, paraquat,
picloram, and triclopyr; the fumigant phosphine; the fungicides
etridiazole, folpet, iprodione, and triphenyltin hydroxide (TPTH); the
miticides dicofol and propargite, and the plant growth regulator and
herbicide diquat in or on commodities listed in the regulatory text.
EPA is proposing these tolerance actions to implement the tolerance
recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of the reregistration and tolerance
reassessment processes, EPA is required to determine whether each of
the amended tolerances meets the safety standards under the FQPA. The
safety finding determination of ``reasonable certainty of no harm'' is
found in detail in each RED and Report on FQPA Tolerance Reassessment
Progress and Interim Risk Management Decision (TRED) for the active
ingredient. REDs and TREDs propose certain tolerance actions to be
implemented to reflect current use patterns, to meet safety findings
and change commodity names and groupings in accordance with new EPA
policy. Printed copies of the REDs and TREDs may be obtained from EPA's
National Service Center for Environmental Publications (EPA/NSCEP),
P.O. Box 42419, Cincinnati, OH 45242-2419, telephone 1-800-490-9198;
fax 1-513-489-8695; internet at http://www.epa.gov/ncepihom/ and from
the National Technical Information Service (NTIS), 5285 Port Royal
Road, Springfield, VA 22161, telephone 1-800-553-6847 or 703-605-6000;
internet at http://www.ntis.gov/. Electronic copies of REDs and TREDs
are available on the internet at http://www.epa.gov/pesticides/reregistration/status.htm.
Explanations for proposed modifications in tolerances can be found
in the RED and TRED document and in more detail in the Residue
Chemistry Chapter document which supports the RED and TRED. Copies of
the Residue Chemistry Chapter documents are found in the Administrative
Record and hard copies are available in the public docket for this
rule, while electronic copies are available through EPA's electronic
public docket and comment system, EPA Dockets at http://www.epa.gov/edocket/. You may search for docket number OPP-2004-0154 then click on
that docket number to view its contents.
EPA has determined that the aggregate acute exposure and risk and
the aggregate chronic exposure and risk are not of concern for the
above mentioned pesticide active ingredients based upon the target data
base required for reregistration, the current guidelines for conducting
acceptable studies to generate such data, published scientific
literature, and the data identified in the RED or TRED which lists the
submitted studies that the Agency found acceptable.
With respect to the tolerances that are proposed in this document
to be raised, EPA has found that these tolerances are safe in
accordance with FFDCA section 408(b)(2)(A), and that there is a
reasonable certainty that no harm will result to infants and children
from aggregate exposure to the pesticide chemical residues, in
accordance with section 408(b)(2)(C). These findings are found in
detail in each RED. The references are available for inspection as
described in this document under SUPPLEMENTARY INFORMATION.
In addition, EPA is proposing to revoke certain tolerances because
these pesticides are not registered under FIFRA for uses on the
commodities. The registrations for these pesticide chemicals were
canceled because the registrant failed to pay the required maintenance
fee and/or the registrant voluntarily canceled one or more registered
uses of the pesticide. It is EPA's general practice to propose
revocation of those tolerances for residues of pesticide active
ingredients on crop uses for which there are no active registrations
under FIFRA, unless any person in comments on the proposal indicates a
need for the tolerance to cover residues in or on imported commodities
or domestic commodities legally treated.
1. Bromoxynil. Because flax straw is no longer a regulated feed
item, the tolerance for bromoxynil residue is no longer needed.
Therefore, EPA is proposing to revoke the tolerance in 40 CFR
180.324(a)(1) for ``flax, straw.'' Also, EPA is proposing to remove the
commodity tolerances in 40 CFR 180.324(a)(1) for residues of bromoxynil
in or on ``corn, stover'' which was previously termed corn, fodder
(dry) in the RED; ``corn, fodder (green);'' and ``corn, grain'' because
these tolerances are no longer needed since their uses are covered by
the existing tolerances for corn, field, stover and corn, grain, field.
In addition, EPA is proposing to remove the duplicate tolerance for
``corn, field, stover'' because that use is covered by the remaining
tolerance for corn, field, stover. Further, based on field trial data
that indicate residues of bromoxynil as high as 0.14 ppm in or on corn
stover, the Agency determined that the tolerance for corn, field,
stover should be increased to 0.2 ppm and a tolerance should be
established for corn, pop, stover at 0.2 ppm. Therefore, EPA is also
proposing in 40 CFR 180.324(a)(1) to increase the tolerance for ``corn,
field, stover'' from 0.1 to 0.2 ppm and establish a tolerance for
residues of bromoxynil in or on ``corn, pop, stover'' at 0.2 ppm.
Because the time-limited tolerances in 40 CFR 180.324(b) for
timothy, hay and timothy, forage have expiration/revocation dates that
have since passed, EPA is proposing to remove the existing paragraph
and table, and reserve the section.
Based on field trial data that indicate residues of bromoxynil in
or on alfalfa hay as high as 0.38 ppm, the Agency determined that the
tolerance for alfalfa hay should be increased to 0.5 ppm. Therefore,
EPA is proposing to revise the commodity tolerance ``alfalfa,
seedling''in 40 CFR 180.324(a)(1) at 0.1
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parts per million (ppm) to ``alfalfa, forage,'' and ``alfalfa, hay''
and maintain the tolerance for alfalfa, forage at 0.1 ppm, while
increasing the tolerance for alfalfa, hay to 0.5 ppm.
Based on field trial data that indicate residues of bromoxynil in
or on grass forage and hay as high as 2.9 and 2.4 ppm, respectively,
the Agency determined that the tolerances for grass forage and hay
should be increased to 3.0 ppm. Therefore, EPA is proposing to revise
the commodity terminologies ``canarygrass, annual, seed'' and ``grass,
canary, annual, straw'' in 40 CFR 180.324(a)(1) to ``grass, forage''
and ``grass, hay,'' respectively, and increase the tolerance for each
from 0.1 ppm to 3.0 ppm.
Based on field trial data that indicate residues of bromoxynil in
or on barley straw as high as 3.9 ppm, and translating barley data to
oat straw, the Agency determined that the tolerances for barley straw
and oat straw should be increased to 4.0 ppm. Therefore, EPA is
proposing to increase the tolerances in 40 CFR 180.324(a)(1) for
residues of bromoxynil in or on ``barley, straw'' from 0.1 to 4.0 ppm,
and ``oat, straw'' from 0.1 to 4.0 ppm.
Based on field trial data that indicate residues of bromoxynil in
or on wheat forage and straw as high as 0.6 and 1.2 ppm, respectively,
and translating wheat data to rye, the Agency determined that the
tolerances for both rye and wheat forage should be increased to 1.0
ppm, and both rye and wheat straw should be increased to 2.0 ppm.
Therefore, EPA is proposing to increase the tolerances in 40 CFR
180.324(a)(1) for residues of bromoxynil in or on ``rye, forage'' from
0.1 to 1.0 ppm; ``rye, straw'' from 0.1 to 2.0 ppm; ``wheat, forage''
from 0.1 to 1.0 ppm; and ``wheat, straw'' from 0.1 to 2.0 ppm.
Based on field trial data that indicate residues of bromoxynil in
or on barley forage, and translating barley data to oat, the Agency
determined that the tolerance for oat forage should be increased to 0.3
ppm. Therefore, EPA is proposing to increase the tolerance in 40 CFR
180.324(a)(1) for residues of bromoxynil in or on ``oat, forage'' from
0.1 to 0.3 ppm.
Based on field trial data that indicate residues of bromoxynil in
or on sorghum forage and stover as high as 0.29 and 0.14 ppm,
respectively, the Agency determined that the tolerances for sorghum
forage and stover should be increased to 0.5 and 0.2 ppm, respectively.
Therefore, EPA is proposing to increase the tolerance in 40 CFR
180.324(a)(1) for residues of bromoxynil in or on``sorghum, forage''
from 0.1 to 0.5 ppm and revise the commodity terminology to ``sorghum,
grain, forage;''and ``sorghum, grain, stover'' from 0.1 to 0.2 ppm.
Based on field trial data that indicate residues of bromoxynil in
or on grain of barley, corn, sorghum, and wheat at <0.02 ppm and
translating barley data to oat grain and rye grain, the Agency
determined that the grain tolerances for barley, field corn; oat; rye;
sorghum; and wheat should be decreased to 0.05 ppm and a tolerance
should be established for corn, pop, grain at 0.05 ppm. Therefore, EPA
is proposing to decrease the tolerances in 40 CFR 180.324(a)(1) from
0.1 to 0.05 ppm, for the following: ``barley, grain;'' ``oat, grain;''
``rye, grain;'' ``sorghum, grain;'' ``wheat, grain;'' ``corn, grain,
field'' and to revise the commodity terminology for ``corn, grain,
field'' to read ``corn, field, grain.'' Also in 40 CFR 180.324(a)(1),
EPA is proposing to establish a tolerance for residues of bromoxynil in
or on ``corn, pop, grain'' at 0.05 ppm.
Because residues of bromoxynil are detectable in aspirated grain
fractions of wheat (highest), corn, and sorghum, the Agency determined
that a tolerance should be established at 0.3 ppm. Therefore, EPA is
proposing to establish a tolerance in 40 CFR 180.324(a)(1) for residues
of bromoxynil in or on ``grain, aspirated fractions'' at 0.3 ppm.
Based on residue data for hay of wheat and barley that indicate
residues of bromoxynil as high as 3.2 ppm for wheat, but not exceeding
9.0 ppm for barley, and translating barley data to oat hay, the Agency
determined that tolerances should be established for wheat hay at 4.0
ppm, barley hay at 9.0 ppm, and oat, hay at 9.0 ppm. Therefore, EPA is
proposing to establish tolerances in 40 CFR 180.324(a)(1) for residues
of bromoxynil in or on ``barley, hay'' at 9.0 ppm, ``oat, hay'' at 9.0
ppm, and ``wheat, hay'' at 4.0 ppm.
The 1998 Bromoxynil RED recommended that the commodity terminology
for corn, forage, field (green) be revised to read corn, field, forage
and the tolerance be increased from 0.1 to 0.3 ppm based on residue
data for corn forage. However, at that time, no tolerance for corn,
forage, field (green) existed in 40 CFR 180.324(a)(1). Therefore, EPA
is proposing to establish a tolerance in 40 CFR 180.324(a)(1) for
``corn, field, forage'' at 0.3 ppm.
In addition, EPA is proposing to revise commodity terminology in 40
CFR 180.324 to conform to current Agency practice as follows: ``mint
hay'' to ``peppermint, hay'' and ``spearmint, hay.''
2. Diclofop-methyl. As noted in the September 2000 RED, uses of
diclofop-methyl on lentils and dry peas have been deleted from
registered labels. The use on lentils may have been canceled since
1985. On October 26, 1998 (63 FR 57067)(FRL-6035-6), EPA responded in a
final rule to a comment from the European Union (EU) which requested
that the tolerances for lentils (now termed lentil, seed) and pea seeds
(dry) not be revoked because at that time they believed that EPA had
not clarified in general what data are necessary to support tolerances
for import purposes. At that time, EPA did not revoke these tolerances.
However, since then, EPA has published a guidance concerning
submissions for pesticide import tolerance support and residue data for
imported food as described in Unit III. Now that data requirements for
import tolerances have been clearly stated and the EU's request for
information has been satisfied, EPA is proposing to revoke the
tolerances in 40 CFR 180.385 for lentil, seed and pea seeds (dry). This
proposed rule will again give interested persons the opportunity to
come forward to support the maintenance of tolerances which are
proposed herein for revocation and submit any data so that EPA can make
safety findings under FFDCA.
Also, in support of tolerance reassessment, the registrant
developed a new enforcement method (HRAV-14 GLC/ECD) and subjected a
ruminant metabolism study to independent laboratory validation.
However, EPA has not yet determined that the newly submitted method is
valid. The current FDA enforcement method for diclofop-methyl is the
Pesticide Analytical Manual (PAM)-Volume II, which does not detect a
metabolite of concern, diclofop acid. Therefore, at this time, EPA will
not propose to establish any new tolerances that are recommended in the
diclofop-methyl RED. The Agency will address establishing such
tolerances in a future document in the Federal Register.
3. Dicofol. EPA is proposing to redesignate the dicofol tolerance
expression for plant commodities in 40 CFR 180.163(a) to (a)(1),
separately from the animal tolerances, and to revise the expression in
terms of the combined residues of 1,1-bis(4-chlorophenyl) -2,2,2-
trichloroethanol and 1-(2-chlorophenyl) -1-(4-chlorophenyl)-2,2,2-
trichloroethanol. Because dicofol metabolites are the residues of
concern for animals, EPA is proposing to redesignate animal tolerances
separately from plant tolerances, from 40 CFR 180.163(a) to (a)(2) and
for tolerances to be expressed in terms of the combined residues of
1,1-bis(4-chlorophenyl)-2,2,2- trichloroethanol and its metabolites, 1-
(2-chlorophenyl)-1-(4-
[[Page 47055]]
chlorophenyl) -2,2,2-trichloroethanol, 1,1-bis(4-chlorophenyl)-2,2-
dichloroethanol, and 1-2(-chlorophenyl)-1- (4-chlorophenyl)-2,2-
dichloroethanol.
EPA is proposing to revoke the commodity tolerances in 40 CFR
180.163(a)(1) for residues of dicofol in or on ``fig'' because the
registration for that use was canceled in October 1989 due to non-
payment of annual registration maintenance fees. Also, EPA is proposing
to remove ``hazelnuts'' because this tolerance is covered by the
tolerance on filbert, and to remove ``hay, spearmint'' because this
tolerance is covered by the tolerance on spearmint, hay.
Based on field trial data show that residues of dicofol were as
high as 6.7 ppm in apples and in one duplicate sample 10.8 ppm in pears
(6.8 ppm in pears for the other duplicate sample), the Agency
determined that a crop group tolerance of 10.0 ppm is appropriate.
Therefore, EPA is proposing to combine the commodity tolerances for
``apple,'' ``crabapple,'' ``pear,'' and ``quince,'' each at 5 ppm in 40
CFR 180.163(a)(1) under the crop group terminology ``fruit, pome, group
11'' and increase the tolerance to 10.0 ppm.
Based on field trial data show that residues of dicofol were as
high as 0.84 ppm in plums, 3.08 ppm in cherries, and 3.79 ppm in
peaches, the Agency determined that a crop group tolerance of 5.0 ppm
is appropriate. Therefore, EPA is proposing to combine the commodity
tolerances for ``apricot'' at 10 ppm; ``cherry'' at 5 ppm,
``nectarine'' at 10 ppm, ``peach'' at 10 ppm, and ``plum, prune,
fresh'' at 5 ppm, in 40 CFR 180.163(a)(1) under the crop group
terminology ``fruit, stone, group 12'' and decrease the tolerance to
5.0 ppm.
EPA is proposing to combine the commodity tolerances for
``blackberry,'' ``boysenberry,'' ``dewberry,'' ``loganberry,'' and
``raspberry,''each at 5 ppm in 40 CFR 180.163(a)(1) under the crop
subgroup terminology ``caneberry subgroup 13A'' and maintain the
tolerance at 5 ppm, based on new field trials.
Based on field trial data show that residues of dicofol were as
high as 0.35 ppm in melons, 0.45 ppm in cucumbers, and 1.05 ppm in
summer squash, the Agency determined that a crop group tolerance of 2.0
ppm is appropriate. Therefore, EPA is proposing to combine the
commodity tolerances for ``cantaloups,'' ``cucumber,'' ``melon,''
``muskmelon,'' ``pumpkin,'' ``squash, summer;'' ``squash, winter;'' and
``watermelon,'' each at 5 ppm in 40 CFR 180.163(a)(1) under the crop
group terminology ``vegetable, cucurbit, group 9'' and decrease the
tolerance to 2.0 ppm.
Based on field trial data show that residues of dicofol were as
high as 1.34 ppm in lemon, 3.55 ppm in oranges, and 5.26 ppm in
grapefruit, the Agency determined that a crop group tolerance of 6.0
ppm is appropriate. Therefore, EPA is proposing to combine the
commodity tolerances for ``grapefruit,'' ``kumquat,'' ``lemon,''
``lime,'' ``orange, sweet'' and ``tangerine'' in 40 CFR 180.163(a)(1),
each at 10 ppm, under the commodity terminology ``fruit, citrus, group
10'' and decrease the tolerance to 6.0 ppm.
Based on field trial data show that residues of dicofol were as
high as 0.46 ppm in tomatoes and 1.15 ppm in peppers, the Agency
determined that a crop group tolerance of 2.0 ppm is appropriate.
Therefore, EPA is proposing to combine the commodity tolerances for
``eggplant,'' ``pepper,'' ``pimento,'' and ``tomato'' in 40 CFR
180.163(a)(1), each at 5 ppm, under the crop group terminology
``vegetable, fruiting, group 8'' and decrease the tolerance to 2.0 ppm,
based on new field trials.
Based on field trial data that indicate residues of dicofol as high
as 0.46 ppm in dry beans and 2.09 ppm in succulent beans, the Agency
has determined that the appropriate tolerances are 0.5 ppm for dry
beans and 3.0 ppm for succulent beans. Therefore, EPA is proposing in
40 CFR 180.163(a)(1) to decrease the tolerances for ``bean (dry form)''
from 5 to 0.5 ppm and revise the commodity name to ``bean, dry, seed;''
and replace ``bean, snap, succulent'' and ``bean, lima, succulent''
with ``bean, succulent'' and decrease the tolerance from 5 to 3.0 ppm.
Pecan and walnut field trial data show that residues of dicofol
were non-detectable. The Agency determined that the data translated to
other nuts and that the tolerances for butternut, chestnut, filbert,
hickory nut, macadamia nut, pecan, and walnut should be at 0.1 ppm.
Therefore, EPA is proposing in 40 CFR 180.163(a)(1) to decrease the
tolerances for ``nut, macadamia'' from 5 to 0.1 ppm;`` ''butternut``
from 5 to 0.1 ppm, ``chestnut'' from 5 to 0.1 ppm, ``filbert'' from 5
to 0.1 ppm, ``nut, hickory'' from 5 to 0.1 ppm, ``pecans'' from 5 to
0.1 ppm and revise the commodity name to ``pecan;'' and ``walnut'' from
5 to 0.1 ppm, all based on available data.
Based on field trial data that indicate residues of dicofol as high
as 64.3 ppm on dried hops, the Agency has determined that the tolerance
should be for dried hops at 65.0 ppm. Therefore, EPA is proposing to
increase the tolerance in 40 CFR 180.163(a)(1) for ``hop'' from 30 to
65.0 ppm and revise the commodity tolerance to ``hop, dried cones''
because the raw agricultural commodity (RAC) is redefined.
Because available data show that residues of dicofol were as high
as 9.8 ppm on strawberries, the Agency determined that the tolerance
should be at 10.0 ppm. Therefore, EPA is proposing to increase the
tolerance in 40 CFR 180.163(a)(1) for ``strawberry'' from 5 to 10.0
ppm.
Based on highest average field trial (HAFT) residues of 5.54 ppm on
apples, 3.16 ppm on oranges, 0.06 ppm on cotton, 3.02 ppm on grapes,
and 17.6 ppm on mint, 29.1 ppm on plucked tea leaves, and available
processing data showing average concentration factors of 6.6x in wet
apple pomace, 3.7x in dried orange pulp, 62.8x in orange oil, 4.9x in
refined cotton oil, 6.6x in raisins, 1.6x in mint oil, and 1.6x in
dried tea, the Agency determined that tolerances for dicofol are
warranted as follows: wet apple pomace at 38 ppm, dried citrus pulp at
12 ppm, citrus oil at 200 ppm, refined cotton oil at 0.5 ppm, raisins
at 20.0 ppm, peppermint oil at 30 ppm, spearmint oil at 30 ppm, tea,
plucked tea leaves at 30.0 ppm, and dried tea at 50 ppm. Therefore, EPA
is proposing to increase the tolerance in 40 CFR 180.163(a)(1) for
``tea, dried'' from 45 ppm to 50.0 ppm and establish tolerances in 40
CFR 180.163(a)(1) for ``apple, wet pomace'' at 38.0 ppm, ``citrus,
dried pulp'' at 12.0 ppm, ``citrus, oil'' at 200.0 ppm, ``cotton,
refined oil'' at 0.5 ppm, ``grape, raisin'' at 20.0 ppm, ``peppermint,
oil'' at 30.0 ppm, ``spearmint, oil'' at 30.0 ppm, and ``tea, plucked
leaves'' at 30.0 ppm.
A new tolerance for the processed commodity prunes as ``plum,
prune, dried'' at 3.0 ppm is not needed because that use is covered by
the proposed combination of stone fruits into a group tolerance at 5.0
ppm, as described above.
Based on hen metabolism and feeding data and on residues in
cottonseed meal (20% diet X 0.1 ppm residue), the Agency has determined
that tolerances should be established at 0.1 ppm for poultry fat, meat,
and meat byproducts. The tolerance for eggs should be decreased to 0.05
ppm for compatibility with Codex. Therefore, EPA is proposing to
establish tolerances in 40 CFR 180.163(a)(2) for ``poultry, fat;''
``poultry, meat;'' and ``poultry, meat byproducts;'' each at 0.1 ppm
and ``egg'' at 0.05 ppm.
Based on ruminant metabolism and feeding data, the Agency
determined that tolerances for fat of cattle, goats,
[[Page 47056]]
hogs, horses and sheep should be established at 50.0 ppm; meat and meat
byproducts, except liver of cattle, goats, hogs, horses and sheep
should be established at 3.0 ppm; and liver of cattle, goats, hogs,
horses and sheep should be established at 5.0 ppm. Also, the Agency
determined that the tolerance for milk should reflect dicofol residues
of 0.75 ppm in whole milk corrected by a factor of 30x to account for
concentration in milk such that 22.0 ppm is appropriate. Therefore, EPA
is proposing to establish tolerances in 40 CFR 180.163(a)(2) for the
following: ``cattle, meat;'' ``cattle, meat byproducts, except liver;''
``goat, meat;'' ``goat, meat byproducts, except liver;'' ``hog, meat;''
``hog, meat byproducts, except liver;'' ``horse, meat;'' ``horse, meat
byproducts, except liver;'' ``sheep, meat;'' and ``sheep, meat
byproducts, except liver;'' each at 3.0 ppm; ``cattle, liver;'' ``goat,
liver;'' ``hog, liver;'' ``horse, liver;'' and ``sheep, liver;'' each
at 5.0 ppm; ``cattle, fat;'' ``goat, fat;'' ``hog, fat;'' ``horse,
fat;'' and ``sheep, fat;'' each at 50.0 ppm; and ``milk'' at 22.0 ppm.
EPA is proposing to revise commodity terminology in 40 CFR 180.163
to conform to current Agency practice as follows: ``hay, peppermint''
to ``peppermint, hay.''
4. Diquat dibromide. The Diquat dibromide RED was completed in July
1995 and the existing tolerances were reassessed according to the FQPA
standard in the April 2002 TRED. EPA has determined that the tolerance
expression in 40 CFR 180.226(a)(1) should be amended by defining diquat
as both a plant growth regulator and herbicide, and correcting the
chemical name. Therefore, EPA is proposing in 40 CFR 180.226(a)(1) to
amend the tolerance expression to read `` . . . residues of the plant
growth regulator and herbicide diquat, [6,7-dihydrodipyrido (1,2-
a:2',1'-c) pyrazinediium] . . .'' .
On July 1, 2003, (68 FR 39427) (FRL-7308-9) EPA revised potato,
waste, dried in 40 CFR 180.226(a)(1) to potato, processed potato waste,
but should have revised it to potato, processed potato waste, dried.
Processed, dried potato waste is no longer a significant animal feed
item. Therefore, EPA is proposing to revoke the tolerances for potato,
processed potato waste in Sec. 180.226(a)(1) and processed, dried
potato waste in Sec. 180.226(a)(6) because the associated commodities
are no longer significant animal feed items and these tolerances are
therefore no longer needed.
In order to achieve compatibility with CODEX (see Unit III.,
below), EPA is proposing to increase the tolerances in 40 CFR
180.226(a)(1) for egg and fat, meat, and meat byproducts of cattle,
goats, hogs, horses, poultry, and sheep, from 0.02 to 0.05 ppm.
Available data indicate that residues of diquat in fish and
shellfish will exceed the established tolerances at current maximum
registered use patterns. In order to cover all residues of diquat which
may occur as a result of the currently registered uses, increasing the
tolerances to 2.0 ppm for fish and 20.0 ppm for shellfish is
appropriate. Therefore, EPA is proposing in 40 CFR 180.226(a)(2)(i) to
increase the tolerances for residues of diquat on ``fish'' from 0.1 to
2.0 ppm and ``shellfish'' from 0.1 to 20.0 ppm.
The available data concerning diquat residues following irrigation
indicate that residues in/on blackberry, cowpea, orange, strawberry,
mustard greens, pasture grass, and tomato may exceed the current
tolerances for the respective crop groups and that tolerances should be
increased to 0.05 ppm for citrus fruits, small fruits, fruiting
vegetables, legume vegetables, and Brassica leafy vegetables, and to
0.20 ppm for grass forage. Therefore, EPA is proposing in 40 CFR
180.226(a)(2)(i) to increase the tolerances for residues of diquat on
``fruit, citrus, group 10'' from 0.02 to 0.05 ppm; ``fruit, small''
from 0.02 to 0.05 ppm and revise the terminology to ``fruit, small and
berry group;'' ``vegetable, fruiting, group 8'' from 0.02 to 0.05 ppm;
``vegetables, leafy'' from 0.02 to 0.05 ppm and revise the terminology
to ``vegetable, leafy, except brassica, group 4'' and ``vegetable,
brassica, leafy, group 5;'' and ``vegetables, seed and pod'' from 0.02
to 0.05 ppm and revise the terminology to ``vegetable, seed and pod;''
and ``grass, forage'' from 0.1 to 0.2 ppm and revise the terminology to
``grass, forage, fodder and hay, group 17.''
While no data are available for the miscellaneous commodities
avocado, cottonseed, hops, and sugarcane for which tolerances currently
exist, the Agency determined that data for other crops could be
translated. Based on the highest residues found in other irrigated
crops resulting from irrigation with water containing diquat residues,
the Agency determined that tolerances of 0.20 ppm are appropriate for
avocado, cottonseed, hops, and sugarcane. Therefore, EPA is proposing
in 40 CFR 180.226(a)(2)(i) to increase the tolerances for residues of
diquat in or on ``avocado,'' ``cotton, undelinted seed,'' and
``sugarcane, cane;'' each from 0.02 to 0.2 ppm, and ``hop, dried cone''
from 0.02 to 0.2 ppm and revise the terminology to ``hop, dried
cones.''
Because available data show that residues of diquat were as high as
1.6 ppm on sorghum grain and 0.16 ppm on soybean, the Agency determined
that tolerances should be established for sorghum grain at 2.0 ppm, and
both soybean and foliage of legume vegetables at 0.2 ppm. Therefore EPA
is proposing to establish tolerances in 40 CFR 180.226(a)(1) for
residues of diquat in or on ``sorghum, grain, grain'' at 2.0 ppm,
``soybean, seed'' at 0.2 ppm, and increase the tolerance for
``vegetable, foliage of legume, group 7'' from 0.1 to 0.2 ppm.
In addition, soybean processing data indicate that residues of
diquat concentrated about 3x in soybean hulls processed from soybean
bearing detectable residues. No concentration of residues was observed
in other soybean processed fractions. Based on a recommended tolerance
of 0.2 ppm for soybean and a concentration factor of about 3x in
soybean hulls, the Agency determined that a tolerance of 0.6 ppm is
appropriate for residues of diquat on soybean hulls. Therefore, EPA is
proposing to establish a tolerance for residues of diquat in Sec.
180.226(a)(3) for ``soybean, hulls'' at 0.6 ppm.
Based on field trial data on alfalfa grown for seed show that
residues of diquat were as high as 2.4 ppm, the Agency determined that
a tolerance of 3.0 ppm is appropriate and should be established.
Therefore, EPA is proposing to establish a tolerance in Sec.
180.226(a)(1) for ``alfalfa, seed'' at 3.0 ppm. However, a tolerance
for ``clover, seed'' is not needed because clover seed is no longer
considered to be a significant food or feed item.
EPA is proposing to revise commodity terminology to conform to
current Agency practice as follows: in 40 CFR 180.226(a)(2)(i),
``grain, crop'' is proposed to be changed to read ``grain, cereal,
group 15'' and ``grain, cereal, forage, fodder and straw, group 16;''
and in 40 CFR 180.226(a)(3), ``coffee'' is proposed to be changed to
read ``coffee, bean.''
5. 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole (Etridiazole or
Terrazole). Based on available data, EPA determined that there is no
reasonable expectation of finite residues of etridiazole and its
metabolites on or in animal livestock commodities. These tolerances are
no longer needed under 40 CFR 180.6(a)(3). Therefore, EPA is proposing
to revoke the commodity tolerances in 40 CFR 180.370(a) for residues of
etridiazole and its monoacid metabolite in or on ``cattle, fat;''
``cattle, meat byproducts;'' ``cattle, meat;'' ``egg;'' ``goat, fat;''
``goat, meat byproducts;'' ``goat, meat;'' ``hog, fat;'' ``hog, meat
[[Page 47057]]
byproducts;'' ``hog, meat;'' ``horse, fat;'' ``horse, meat
byproducts;'' ``horse, meat;'' ``milk;'' ``poultry, fat;'' ``poultry,
meat byproducts;'' ``poultry, meat;'' ``sheep, fat;'' ``sheep, meat
byproducts;'' and ``sheep, meat.''
EPA canceled the registrations for etridiazole use on tomatoes and
strawberries. On October 26, 1998 (63 FR 57067) (FRL-6035-6) in a final
rule, EPA responded to a comment received from the European Union,
which requested that the tolerance for strawberry not be revoked and
asked for a clarification of methodology for commitment in support of
tolerance retention. At that time, EPA did not revoke the tolerance for
strawberry. However, since then, EPA has published a guidance
concerning submissions for pesticide import tolerance support and
residue data for imported food as described in Unit III. Therefore, EPA
is proposing to revoke the tolerance for strawberry in 40 CFR 180.370.
However, EPA will not propose to revoke the tolerance for ``tomato'' at
this time. At the time of the RED, the registrant had committed to
provide additional data in order to maintain the tomato tolerance for
import purposes. Since the RED, the registrant has expressed an
interest in amending one or more of its existing U.S. registrations in
order to add tomato for domestic use and supporting that use with data.
The Agency determined that metabolism data at exaggerated rates of
etridiazole seed treatments on cotton, soybean, and wheat would support
seed treatment uses on barley, beans, corn, cotton peanuts, peas,
safflower, sorghum, soybeans, and wheat. Residues of etridiazole per se
were non-detectable on soybeans and wheat, but as high as 0.06 ppm on
cotton. Residues of the monoacid metabolite are expected not to exceed
0.04 ppm based on the metabolism data from seed treated at 1-fold
amounts. Based on these data, the Agency determined that appropriate
tolerances for combined residues of etridiazole and its monoacid
metabolite for treated seed should be set at the combined limit of
quantitation (0.1 ppm) of the available enforcement method. Therefore,
EPA is proposing to increase the tolerances in 40 CFR 180.370 for
``wheat, grain'' from 0.05 to 0.1 ppm, and ``corn, field, grain'' from
0.05 to 0.1 ppm. Also, EPA is proposing to decrease the tolerance in 40
CFR 180.370 for ``cotton, undelinted seed'' from 0.20 to 0.1 ppm based
on available data. In addition, based on available data, EPA is
proposing to establish tolerances in 40 CFR 180.370 at 0.1 ppm for
``barley, grain;'' ``barley, hay;'' ``cotton, gin byproducts;''
``peanut;'' ``safflower, seed;'' ``sorghum, grain, forage;'' ``sorghum,
grain, grain;'' ``vegetable, foliage of legume, group 7;'' and
``vegetable, legume, group 6.'' However, because peanut hay is no
longer considered to be a significant livestock feed commodity, the
establishment of a peanut hay tolerance is no longer needed.
In order to conform to current Agency practice, in 40 CFR 180.370,
EPA is proposing to revise ``corn, forage'' to ``corn, field, forage''
and ``corn, sweet, forage,'' and ``corn, stover'' to ``corn, field,
stover'' and ``corn, sweet, stover.''
6. Fenbutatin-oxide. The Fenbutatin-oxide RED was completed in
September 1994 and the existing tolerances were reassessed according to
the FQPA standard in the May 2002 TRED. EPA determined that in order to
better harmonize with CODEX, the fenbutatin-oxide, hexakis (2-methyl-2-
phenylpropyl) distannoxane tolerance expression for plants should
include the parent compound only. Therefore, EPA is proposing in 40 CFR
180.362(a) to recodify plant tolerances in Sec. 180.362(a)(1) and
animal tolerances in Sec. 180.362(a)(2). Moreover, EPA is proposing to
revise the tolerance expression such that tolerances in Sec.
180.362(a)(1) are established for residues of hexakis (2-methyl-2-
phenylpropyl) distannoxane and tolerances in Sec. 180.362(a)(2) are
established for the combined residues of hexakis (2-methyl-2-
phenylpropyl) distannoxane and its organotin metabolites
dihydroxybis(2-methyl-2-phenylpropyl)stannane, and 2-methyl-2-
phenylpropylstannoic acid.
Also, EPA is proposing to remove the tolerance in 40 CFR 180.362
for ``plum, prune'' because that tolerance is no longer needed since
that use is covered by the plum tolerance. In addition, EPA is
proposing to revise the commodity tolerance terminology ``plum'' to
``plum, prune, fresh.''
Because available data for almond, pecan, and walnut support a crop
group tolerance; EPA is proposing in 40 CFR 180.362 to reassign their
individual tolerances into a group tolerance ``nut, tree, group 14''
and maintain the tolerance at 0.5 ppm.
The Agency determined that a tolerance on apple wet pomace should
be established at 100 ppm because available apple processing data
indicate that combined fenbutatin-oxide residues of concern concentrate
1.7x in wet pomace. Based on that processing data, EPA is proposing to
establish a tolerance in 40 CFR 180.362(a)(1) for ``apple, wet pomace''
at 100.0 ppm.
In addition, EPA is proposing to revise commodity terminology in 40
CFR 180.362 to conform to current Agency practice as follows: ``fruit,
citrus'' to ``fruit, citrus, group 10;'' and ``milk fat'' to ''milk,
fat.``
7. Folpet. EPA is proposing to recodify the tolerance for
''avocado`` at 25 ppm from 40 CFR 180.191(a) into Sec. 180.191(c) as a
tolerance with regional registration because the use of folpet on
avocados is limited to the state of Florida, and there is no need for a
national tolerance. Additional data would be required to establish a
tolerance for folpet use on avocados outside the state of Florida.
With the exception of ''avocado,`` the registrant is supporting the
remaining folpet tolerances for import purposes only and EPA is
proposing to designate them as import tolerances with no U.S.
registrations. For some commodities, the import tolerances should be
lower than the old tolerance with a U.S. registration because the
import tolerances are based on different use information than that on
which the previous tolerances were based. Because the registrant has
committed to provide the Agency with amended foreign labels for folpet
which specify the recommended use patterns in the near future, EPA is
proposing modifications to certain tolerances.
Available data indicate that folpet residues ranged up to 3.67 ppm
in/on apples harvested 7-10 days following the last of several
applications (14 day retreatment interval) at 0.8 to 3.59 kilograms of
active ingredient per hectare (kg ai/ha). The submitted international
labels, however, permit higher application rates and/or shorter pre-
harvest intervals (PHIs) than those represented by the data reviewed
here. Based on the tested application scenarios, the Agency determined
that a tolerance of 5 ppm on apple is appropriate provided that the
international labels are changed so that use directions do not exceed a
maximum single application rate of 3.6 kg ai/ha and a maximum seasonal
application rate of 10.8 kg ai/ha. These labels should also reflect a
minimum PHI of 10 days and a treatment interval of 14 days. Therefore,
EPA is proposing to decrease the tolerance in 40 CFR 180.191(a) for
''apple`` from 25.0 to 5.0 ppm.
Foreign field trial data on cranberries indicate that folpet
residues ranged up to 11.2 ppm in/on cranberries harvested 30 days
following the last of three broadcast applications (separated by a 12-
to 14-day retreatment interval) at 5.0 kg a.i./ha/application. Although
the submitted data do not reflect the maximum label use pattern of
folpet on cranberries (which is limited to only two applications and
not three
[[Page 47058]]
applications as tested here), the Agency accepted the current field
trial data and determined that a tolerance of 15 ppm is appropriate on
cranberries. Therefore, EPA is proposing to decrease the tolerance in
40 CFR 180.191(a) for ''cranberry`` from 25.0 to 15.0 ppm.
Foreign field trial data on onions indicate that folpet residues
ranged up to 0.406 ppm in/on dry bulb onions harvested 7 days following
the last of either three or four applications (7-day retreatment
interval) of folpet at either 1.5- or 1.95 kg ai/ha per application.
The submitted international labels, however, permit higher application
rates and/or shorter PHIs than those represented by this data and
should be amended. Based on the tested application scenarios, the
Agency determined that a tolerance of 2.0 ppm is appropriate on dry
bulb onions. Therefore, EPA is proposing to decrease the tolerance in
40 CFR 180.191(a) for ``onion, dry bulb'' from 15.0 to 2.0 ppm.
Foreign field trial data on strawberries indicate that folpet
residues ranged up to 2.56 ppm in/on strawberries harvested 2 days
following the last of four applications at 1.25 kg ai/ha each. The
submitted international labels, however, permit higher application
rates and/or shorter PHIs than those represented by the data reviewed
here. Based on the tested application scenarios, the Agency determined
that a tolerance of 5 ppm on strawberries is appropriate provided the
use directions on the international labels do not exceed a maximum of
four applications per season at up to 1.25 kg ai/application, and
specify a retreatment interval of 7 days and a preharvest interval of 2
days. Therefore, EPA is proposing to decrease the tolerance in 40 CFR
180.191(a) for ''strawberry`` from 25.0 to 5.0 ppm.
Foreign field trial data on grapes indicate that folpet residues
ranged up to 38.3 ppm in/on grapes harvested 14 days following the last
of five applications (separated by a 5-7 day retreatment interval) at
1.49 kg ai/ha/application. The submitted international labels, however,
permit higher application rates and/or shorter PHIs than those
represented by this data. Based on the tested application scenarios,
the Agency determined that a tolerance of 50 ppm on grape is
appropriate provided that the international labels are amended so that
use rates do not exceed a maximum single application rate of 1.5 kg ai/
ha and a maximum seasonal rate of 8.0 kg ai/ha. These labels should
also reflect a minimum PHI and retreatment interval of 7 days each. The
registrant has committed to provide the foreign labels in the near
future. Therefore, EPA is proposing to increase the tolerance in 40 CFR
180.191(a) for ``grape'' from 25 to 50.0 ppm.
No U.S. registration exists for use of folpet on raisins. However,
grape processing data show that the average concentration factor from
grapes to raisins for folpet residues is 1.9x. Based on an average
concentration factor of 1.9x and a highest average field trial (HAFT)
of 38.3 ppm, the Agency determined that for import purposes a tolerance
of 80.0 ppm should be established for grape, raisin. Therefore, EPA is
proposing to establish a tolerance in 40 CFR 180.191(a) for ``grape,
raisin'' at 80.0 ppm.
The reassessment decision regarding the import tolerances for
``lettuce'' and ``tomato'' is to maintain each at its current level of
50.0 and 25.0 ppm, respectively.
EPA is considering the registrant's waiver request for additional
cucumber and melon storage stability data provided the foreign labels
are amended to specify the recommended use pattern. Foreign field
trials for cucumbers harvested 3-7 days following the last of several
applications indicate residues of folpet up to 0.699 ppm at up to 1.75
kg/ai/ha. Foreign labels need to be amended for cucumber to include a
maximum single application rate of 1.75 kg ai/ha, a maximum seasonal
application rate of 8.0 kg ai/ha, a minimum preharvest interval of at
least 3 days, and a minimum retreatment interval of at least 7 days.
Also, foreign field trials for melons harvested 7 days following the
last of up to six applications (with a 5 to 7-day retreatment interval)
indicate residues of folpet up to 2.3 ppm at up to 1.75 kg/ai/ha.
Foreign labels need to be amended for melons to include a maximum
single application rate of 1.75 kg ai/ha, a maximum seasonal
application rate of 10.5 kg ai/ha, a minimum preharvest interval of at
least 7 days, and a minimum retreatment interval of at least 7 days.
Based on the tested application scenarios, the tolerances for
``cucumber'' and ``melon'' should be decreased to 2.0 and 3.0 ppm,
respectively. Therefore, EPA is proposing in 40 CFR 180.191(a) to
decrease the tolerances for cucumber from 15.0 to 2.0 ppm, and melon
from 15.0 to 3.0 ppm.
Since the folpet RED was completed in 1999, a tolerance for the
purpose of importation was established in 40 CFR 180.191(a) for ``hop,
dried cones'' (68 FR 10377, March 5, 2003)(FRL-7296-2).
8. Hydramethylnon (pyrimidinone). EPA is proposing to increase the
tolerance in 40 CFR 180.395(a) on ``grass (pasture and rangeland)''
from 0.05 to 2.0 ppm and revise the terminology to ``grass, forage''
and ``grass, hay;'' based on available field trial data which show
residues of hydramethylnon above the current tolerance level and label
amendments which reflect parameters of use patterns for which field
trials are available; i.e., reflect a zero day post harvest interval
since that the Agency no longer allows a PHI restriction on grass. The
tolerance for ``grass hay (pasture and rangeland)'' was recommended to
be increased from 0.05 to 0.1 ppm, based on available field trial data
previously discussed and label amendments which reflect a zero day post
harvest interval. However, because the terminology should be revised to
``grass, hay,'' that tolerance at 0.1 ppm is no longer needed since it
would be a duplicate covered by the proposed tolerance at 2.0 ppm.
Therefore, EPA is proposing to remove the tolerance in 40 CFR
180.395(a) for grass hay (pasture and rangeland).
Since the hydramethylnon RED was completed in 1998, a tolerance was
established in 40 CFR 180.395(a) for ``pineapple'' (68 FR 48302, August
13, 2003)(FRL-7319-5).
9. Iprodione. EPA is proposing to revoke the tolerances in 40 CFR
180.399(a)(1) for combined residues of iprodione and its metabolites in
or on ``bean, forage;'' ``peanut, hay'' (previously termed peanut
forage); and ``peanut hay'' because they are no longer considered to be
significant livestock feed commodities. Further, label amendments
prohibit the feeding of iprodione-treated peanut hay to livestock.
Therefore, these tolerances are no longer needed. The Agency is also
proposing to revoke the commodity tolerances in 40 CFR 180.399(a)(1)
for residues of iprodione in or on ``ginseng, dried root'' because
there are no processed commodities associated with ginseng, and ``bean,
dried, vine hay'' because labels have been amended such that iprodione
use on cowpeas is prohibited.
EPA is proposing to remove the individual commodity tolerances on
``boysenberry'' and ``raspberry'' in 40 CFR 180.399(a)(1) because the
uses are covered by the existing tolerance on caneberries, and revise
the terminology to ``caneberry subgroup 13A.''
The drying of ginseng roots is a routine practice and is considered
part of the harvesting process. Therefore, the dried root should be
considered the raw agricultural commodity. Ginseng field trial data
show combined iprodione regulated residues above the current tolerance,
but below 4.0 ppm. EPA is
[[Page 47059]]
proposing in 40 CFR 180.399(a)(1) to increase the tolerance on
``ginseng, root'' from 2.0 to 4.0 ppm, based on available data.
Based on grape field trials reflecting application with commercial
sprayer equipment, the combined iprodione regulated residues ranged as
high as 4.7 ppm with a highest average field trial (HAFT) of 4.1 ppm.
However, a Codex MRL of 10.0 ppm is established for iprodione per se on
grapes. Although the current U.S. tolerances includes combined residues
for iprodione, its isomer, and its metabolite, data indicate that the
majority of residue in/on grape consists of the parent compound. (Two
samples showed detectable residues of the metabolite and none had
detectable residues of the isomer). Therefore, the agency determined
that a tolerance of 10.0 ppm is appropriate. Based on available residue
data, EPA is proposing in 40 CFR 180.399(a)(1) to decrease the
tolerance on grape from 60.0 to 10.0 ppm.
Available grape processing data are sufficient to conclude that the
average concentration factor from grapes to raisins for combined
iprodione regulated residues is 3.56x. Multiplication of the average
concentration factor (3.56x) with a HAFT of 4.1 ppm for grapes yields
an expected combined residue level of about 14.6 ppm after processing.
Based on the calculated level, the Agency has determined that a
tolerance of 15.0 ppm is warranted for grape, raisin. Therefore, EPA is
proposing in 40 CFR 180.399(a)(1) to decrease the tolerance on ``grape,
raisin'' from 300 to 15.0 ppm.
OPPTS Guideline 860.1500 lists cherries (sweet or sour), peach, and
plum (or fresh prune) as the representative commodities for the stone
fruit crop group. Peach and plum field trial data show that combined
iprodione regulated residues were below the limit of quantitation (LOQ)
of 0.05 ppm. Cherry field trial data show that combined iprodione
regulated residues ranged from non-detectable to 0.14 ppm. In addition,
label amendments restrict applications to all stone fruits to no later
than last petal fall, and reduce the number of applications per season
on cherries and plums from four to two. Therefore, EPA is proposing to
decrease commodity tolerances in 40 CFR 180.399(a)(1) as follows:
``apricot'' from 20.0 to 0.2 ppm; ``cherry, tart'' from 20.0 to 0.2
ppm; ``cherry (sweet), postharvest'' from 20.0 to 0.2 ppm and revise
the terminology to ``cherry, sweet;'' ``nectarine, postharvest'' from
20.0 to 0.2 ppm and revise the terminology to ``nectarine;'' ``peach,
postharvest'' from 20.0 to 0.05 ppm and revise the terminology to
``peach;'' ``plum, postharvest'' from 20.0 to 0.2 ppm and revise the
terminology to ``plum;'' and ``plum, prune'' from 20.0 to 0.2 ppm and
revise the terminology to ``plum, prune, fresh.''
Strawberry field trial data show that combined iprodione regulated
residues ranged from non-detectable to a high of 0.41 ppm. In addition,
label amendments reduce the number of applications per season on
strawberries from four to two and the PHI was increased from zero days
to no later than first flower (ca. 20 days). Therefore, EPA is
proposing to amend 40 CFR 180.399(a)(1) to decrease the tolerance on
strawberry from 15.0 to 0.5 ppm.
Cattle feeding data show that combined iprodione regulated residues
were highest in kidney (<2.9 ppm) and liver (<2.0 ppm) at an
exaggerated 7.2x feeding level, and therefore, those tolerances should
be maintained at 3.0 ppm. Also, the tolerance for meat byproducts
should be equivalent to the level which is highest for either meat or
any individual organ for which residues were measured; i.e., increased
to 3.0 ppm. Based on the available feeding data, the tolerances for
meat byproducts, except kidney and liver of cattle, goats, hogs,
horses, and sheep should each be increased from 0.5 to 3.0 ppm.
Separate tolerances for ``cattle, kidney;'' ``cattle, liver;'' ``goat,
kidney;'' ``goat, liver;'' ``hog, kidney;'' ``hog, liver;'' ``horse,
kidney;'' ``horse, liver;'' ``sheep, kidney'' and ``sheep, liver,''
which currently exist in 40 CFR 180.399(a)(2) at 3.0 ppm, are no longer
needed. Therefore, EPA is proposing to combine the three meat byproduct
tolerances for each animal commodity by revising the terminologies to
``cattle, meat byproducts;'' ``goat, meat byproducts;'' ``hog, meat
byproducts;'' ``horse, meat byproducts;'' and ``sheep, meat
byproducts;'' and increasing each tolerance to 3.0 ppm.
Hen feeding data show that combined iprodione regulated residues
were highest in liver (<7.2 ppm at a 1.27x feeding level), and
therefore, the poultry, liver tolerance should be increased to 7.0 ppm.
Because the tolerance for meat byproducts should be equivalent to the
level which is highest for either meat or any individual organ for
which residues were measured, ``poultry, meat byproducts, except
liver'' should be increased to 7.0 ppm and revised to ``poultry, meat
byproducts.'' Therefore, EPA is proposing in 40 CFR 180.399(a)(2) to
increase the tolerances for ``poultry, liver'' from 5.0 to 7.0 ppm and
``poultry, meat byproducts, except liver'' from 1.0 to 7.0 ppm. Because
separate liver and meat byproduct tolerances for poultry are no longer
needed, EPA is proposing to combine them into the commodity terminology
``poultry, meat byproducts'' at 7.0 ppm. Also, because the hen feeding
data evaluated residues for skin/fat rather than for the tolerance
commodity fat, the tolerance for poultry fat will be based on data in
liver. Therefore, EPA is proposing in 40 CFR 180.399(a)(2) to increase
the tolerance for ``poultry, fat'' from 3.5 to 7.0 ppm.
10. Paraquat. EPA is proposing to revoke the tolerances in 40 CFR
180.205(a) for ``mint, hay'' and ``mint, hay, spent'' because they are
no longer recognized as raw agricultural commodities, and for ``peanut,
hay'' because it is no longer considered to be a significant livestock
feed commodity, and therefore these tolerances are no longer needed.
Also, EPA is proposing to remove the ``(N)'' designation from all
entries to conform to current Agency administrative practice (``N''
designation means negligible residues), and to revise the commodity
terminology ``coffee bean'' to ``coffee, bean;'' ``fruit, citrus'' to
``fruit, citrus, group 10;'' ``vegetable, fruiting'' to ``vegetable,
fruiting, group 8;'' and redefine the commodity terminology for ``bean,
forage'' to ``cowpea, forage'' and ``bean, hay'' to ``cowpea, hay.''
Based on field trial data that indicate residues of paraquat as
high as 60, 59, and 74 ppm in or on alfalfa forage, birdsfoot trefoil
forage, and clover forage, respectively, and 93, 206, and 148 ppm in or
on alfalfa hay, birdsfoot trefoil hay, and clover hay, respectively,
the Agency determined that the crop animal feed, non-grass group
tolerances should be increased to 75.0 ppm for forage and 210.0 ppm for
hay. Therefore, EPA is proposing in 40 CFR 180.205(a) to combine the
commodity tolerances for ``alfalfa,'' ``birdsfoot trefoil,'' and
``clover,'' each at 5 ppm, under the crop group terminologies ``animal
feed, nongrass, group 18, forage'' and ``animal feed, nongrass, group
18, hay'' and increase the tolerances to 75.0 and 210.0 ppm,
respectively.
Based on field trial data that indicate residues of paraquat as
high as 90 ppm in or on rangeland grass forage (which should be revised
to grass, forage) and 40 ppm in or on pasture grass hay (which should
be revised to grass, hay), the Agency determined that the tolerances
should be increased to 90 ppm for grass forage and 40 ppm for grass
hay. Therefore, EPA is proposing in 40 CFR 180.205(a) to revise the
commodity terminology ``grass, pasture'' to read ``grass, forage'' and
increase the tolerance from 5 to 90.0 ppm; and revise
[[Page 47060]]
``grass, range'' to read ``grass, hay'' and increase the tolerance from
5 to 40.0 ppm.
Although ruminant feeding data indicate residues of paraquat as
high as only 0.31 ppm in kidney, the Agency determined that in the
interest of CODEX harmonization that it is appropriate to increase the
tolerance equal to the maximum residue limit (MRL) of CODEX at 0.5 ppm
for the kidney of cattle, goats, hogs, horses, and sheep. Therefore,
EPA is proposing in 40 CFR 180.205(a) to increase the tolerances for
``cattle, kidney;'' ``goat, kidney;'' ``hog, kidney;'' ``horse,
kidney;'' and ``sheep, kidney;'' each from 0.3 to 0.5 ppm.
Based on field trial data indicating residues exceeding the current
tolerance of 0.2 ppm, the Agency determined that the tolerance for
dried hops should be increased to 0.5 ppm. Therefore, EPA is proposing
in 40 CFR 180.205(a) to increase the tolerances for ``hop, dried cone''
from 0.2 to 0.5 ppm and revise the terminology to ``hop, dried cones.''
Based on field trial data that indicate residues of paraquat as
high as 0.06 ppm in or on sorghum forage, the Agency determined that
the tolerance should be increased to 0.1 ppm. Therefore, EPA is
proposing in 40 CFR 180.205(a) to increase the tolerance for ``sorghum,
forage'' from 0.05 to 0.1 ppm.
Based on field trial data, the Agency determined that residues of
paraquat in or on soybeans would not exceed 0.25 ppm and should be
increased. Therefore, EPA is proposing in 40 CFR 180.205(a) to increase
the tolerance for ``soybean'' from 0.05 to 0.25 ppm.
Based on field trial data that indicate residues of paraquat in or
on sugar beet tops are non-detectable (<0.025 ppm), the Agency
determined that the tolerance should be decreased to 0.05 ppm.
Therefore, EPA is proposing in 40 CFR 180.205(a) to decrease the
tolerances for ``beet, sugar, tops'' from 0.5 to 0.05 ppm.
Based on label restrictions against the grazing or harvesting for
treated soybean forage and hay following postemergence or harvest aid
use, the Agency determined that the tolerance in or on soybean forage
should be decreased to 0.03 ppm and a tolerance for soybean hay should
be established at 0.05 ppm. Therefore, EPA is proposing in 40 CFR
180.205(a) to decrease the tolerance for ``soybean forage'' from 0.05
to 0.03 ppm and revise the commodity terminology to read ``soybean,
forage;'' and to establish a tolerance in 40 CFR 180.205(a) for
``soybean, hay'' at 0.05 ppm.
EPA is proposing in 40 CFR 180.205(a) to combine the commodity
tolerances for ``apple'' and ``pear'' under the crop group terminology
``fruit, pome, group 11'' and maintain the tolerance at 0.05 ppm.
EPA is proposing in 40 CFR 180.205(a) to combine the commodity
tolerances for ``apricot,'' ``cherry,'' ``nectarine,'' ``peach,'' and
``plum, prune, fresh'' under the crop group terminology ``fruit, stone,
group 12'' and maintain the tolerance at 0.05 ppm based on label
amendments.
EPA is proposing in 40 CFR 180.205(a) to combine the commodity
tolerances for ``broccoli,'' ``cabbage,'' ``cabbage, chinese,''
``cauliflower,'' and ``collards'' under the crop group terminology
``vegetable, brassica, leafy, group 5'' and maintain the tolerance at
0.05 ppm.
EPA is proposing in 40 CFR 180.205(a) to revise the crop group
tolerance for ``small fruit'' into individual commodity tolerances for
``cranberry'' and ``grape'' and maintain the tolerances at 0.05 ppm.
Based on a reassessed pineapple tolerance of 0.05 ppm and pineapple
processing data showing an average concentration factor of 4.5x in
dried bran, the Agency determined that a tolerance should be
established for pineapple process residue (a wet-waste byproduct from
the fresh cut product line, which usually contains pineapple bran) at
0.25 ppm. Therefore, EPA is proposing to establish a tolerance in 40
CFR 180.205(a) for ``pineapple, process residue'' at 0.25 ppm.
Based on a reassessed soybean tolerance of 0.25 ppm and soybean
processing data showing an average concentration factor of 6.1x in
hulls, the Agency determined that a tolerance should be established for
soybean hulls at 2.0 ppm. Therefore, EPA is proposing to establish a
tolerance in 40 CFR 180.205(a) for ``soybean, hulls'' at 2.0 ppm.
Based on a reassessed sugarcane tolerance of 0.5 ppm and sugarcane
processing data showing an average concentration factor of 5.5x in
blackstrap molasses, the Agency determined that a tolerance should be
established for sugarcane molasses at 3.0 ppm. Therefore, EPA is
proposing to establish a tolerance in 40 CFR 180.205(a) for
``sugarcane, molasses'' at 3.0 ppm.
Based on field trial data that indicate residues of paraquat as
high as 0.46 ppm in or on wheat straw, the Agency determined that a
tolerance should be established at 1.0 ppm for wheat straw and because
the data can translate to barley, there should also be a tolerance
established at 1.0 ppm for barley straw. In addition, based on wheat
data that indicate residues of paraquat in or on wheat forage will not
exceed 0.5 ppm, the Agency determined that a tolerance should be
established for wheat forage at 0.5 ppm. Therefore, EPA is proposing to
establish tolerances in 40 CFR 180.205(a) for ``barley, straw'' at 1.0
ppm; ``wheat, forage'' at 0.5 ppm; and ``wheat, straw'' at 1.0 ppm.
On September 21, 2001 (66 FR48593) (FRL-6799-2), EPA published a
final rule in the Federal Register which in 40 CFR 180.205(a)
established tolerances for ``corn, field, stover'' and ``corn, pop,
stover'' at 10.0 ppm; ``corn, field, grain'' and ``corn, pop, grain''
at 0.1 ppm; and ``corn, field, forage'' at 3.0 ppm; based on proposed
tolerances in pesticide petition PP 5F1625 submitted by Zeneca Ag.
Products and to harmonize corn, field, grain and corn, pop, grain with
the Codex maximum residue limit (MRL) of 0.1 ppm for maize. In the
September 2001 final rule, EPA also stated that in the food additive
petition 5H5088, Zeneca had proposed a food additive tolerance for
``corn flour'' at 0.1 ppm which was subsequently withdrawn since EPA
determined that the tolerance for corn, field, grain at 0.1 ppm is
adequate to cover residues in corn flour.
EPA is proposing in 40 CFR 180.205(a) to revise the commodity
terminology for ``corn, fresh (inc. sweet corn), kernel plus cob with
husks removed'' to read ``corn, sweet, kernel plus cob with husks
removed;'' ``guar bean'' to read ``guar,'' and ``pea (succulent)'' to
read ``pea, succulent.''
11. Phosphine. EPA is proposing to remove the commodity tolerance
in 40 CFR 180.225(a)(1) for residues of phospine in or on ``pimento;''
because this tolerance is covered by the existing tolerance for pepper.
12. Picloram. The Picloram RED was completed in March 1995 and the
existing tolerances were reassessed according to the FQPA standard when
new tolerances were established on January 5, 1999 (64 FR 418)(FRL-
6039-4). Because the tolerances at 3.0 ppm in 40 CFR 180.292(a)(3) for
residues of picloram in or on barley, milled fractions (exc flour);
oat, milled fractions (exc flour); and wheat, milled fractions (exc
flour) are duplicates covered by the tolerances at 3.0 ppm in Sec.
180.292(a)(2), there is no longer a need for them and therefore, EPA is
proposing to remove the tolerances in 40 CFR 180.292(a)(3) for residues
of picloram in or on barley, milled fractions (exc flour); oat, milled
fractions (exc flour); and wheat, milled fractions (exc flour).
Because the time-limited tolerances on aspirated grain fractions,
sorghum grain, forage, and stover for indirect or
[[Page 47061]]
inadvertent residues in 40 CFR 180.292(d) all expired on December 31,
2000, there is no longer a need to codify them in that part. Therefore,
EPA is proposing to amend 40 CFR 180.292(d) by removing the text and
table of expired tolerances, and reserving the paragraph designation
and heading.
Based on the concentration of picloram residues in the aspirated
grain fractions of wheat, EPA is proposing to establish tolerances in
40 CFR 180.292(a)(1) for ``grain, aspirated fractions'' at 4.0 ppm.
In order to conform to current Agency practice, in 40 CFR
180.292(a)(2), EPA is proposing to revise the commodity terminology for
``barley, milled fractions (exc flour)'' to read ``barley, pearled
barley;'' ``oat, milled fractions (exc flour)'' to read ``oat, groats/
rolled oats;'' and ``wheat, milled fractions (exc flour)'' to read
``wheat, bran;'' ``wheat, germ;'' ``wheat, middlings;'' and ``wheat,
shorts.''
EPA will not take action on the tolerance in 40 CFR 180.292(a)(1)
for ``grass, forage'' or propose to establish a tolerance for ``grass,
hay'' at this time due to label and data issues. However, the Agency
intends to clarify these issues with the registrants.
13. Propargite. Based on available data, EPA determined that there
is no reasonable expectation of finite residues of propargite in
poultry meat and meat byproducts. These tolerances are no longer needed
under 40 CFR 180.6(a)(3). Therefore, EPA is proposing to revoke the
commodity tolerances in 40 CFR 180.259(a) for residues of propargite in
or on ``poultry, meat'' and ``poultry, meat byproducts.'' Also, EPA is
proposing to revoke the commodity tolerance in 40 CFR 180.259(a) for
residues of propargite in or on ``citrus, dried pulp'' because residues
do not concentrate in dried pulp based on a citrus processing study,
and therefore the tolerance is no longer needed. In addition, EPA is
proposing to revoke the commodity tolerances in 40 CFR 180.259 for
residues of propargite in or on ``peanut, forage;'' ``peanut, hay;''
and ``peanut, hulls'' because they are no longer considered to be
significant livestock feed commodities and therefore these tolerances
are no longer needed.
EPA is proposing to remove the tolerance in Sec. 180.259(a) for
``hop'' at 15 ppm because the raw agricultural commodity (RAC) for hops
is dried hops, whose use is covered by the existing tolerance for
``hop, dried cone'' at 30 ppm, whose terminology the Agency is
proposing to revise to read ``hop, dried cones.''
Based on field trial data that show propargite residues as high as
8.3 ppm in or on oranges and 3.8 ppm in or on sorghum grain, the Agency
determined that the tolerances should be increased to 10.0 ppm for
oranges and decreased to 5.0 for sorghum grain. Therefore, EPA is
proposing in 40 CFR 180.259(a) to increase the tolerance for ``orange,
sweet'' from 5 to 10.0 ppm and revise the terminology to read
``orange'' and decrease the tolerance for ``sorghum, grain'' from 10 to
5.0 ppm.
Based on HAFT residues of 4 ppm (residue range 1.6 to 8.3 ppm) in
oranges and available processing data showing an average concentration
factor of 7.0x in orange oil, the Agency determined that a tolerance
should be established for propargite on citrus oil at 30 ppm.
Therefore, EPA is proposing to establish a tolerance in 40 CFR
180.259(a) for residues of propargite in ``citrus, oil'' at 30.0 ppm.
Available processing data indicate that propargite residues do not
concentrate in aspirated grain fractions of sorghum, but do concentrate
in aspirated grain fractions of field corn as high as 0.35 ppm. The
Agency determined that a tolerance should be established for aspirated
grain fractions at 0.4 ppm. Therefore, EPA is proposing to establish a
tolerance in 40 CFR 180.259(a) for residues of propargite in or on
``grain, aspirated fractions'' at 0.4 ppm.
In order to conform to current Agency practice, in 40 CFR
180.259(a), EPA is proposing to revise the commodity terminology for
``corn, forage'' to ``corn, field, forage'' and ``corn, sweet,
forage;'' ``corn, grain'' to read ``corn, field, grain'' and ``corn,
pop, grain;'' ``mint'' to ``peppermint, tops'' and ``spearmint, tops;''
and ``sorghum, forage'' to read ``sorghum, grain, forage.''
14. Triclopyr. EPA has determined that the residue which should be
regulated in grass and rice commodities and milk, poultry, and eggs is
triclopyr per se. The Agency has also determined that the residue which
should be regulated in meat and meat byproducts are the combined
residues of triclopyr and the metabolite 3,5,6-trichloro-2-pyridinol
(TCP). Therefore, EPA is proposing in 40 CFR 180.417(a)(1) to revise
the tolerance expression to include residues of triclopyr per se as a
result of the application/use of butoxyethyl ester of triclopyr and
triethylamine salt of triclopyr. In addition, EPA is proposing to
recodify tolerances for ``egg,'' ``milk,'' ``poultry, fat;'' ``poultry,
meat byproducts, except kidney;'' ``poultry, meat;'' ``rice, grain;''
and ``rice, straw;'' from 40 CFR 180.417(a)(2) to Sec. 180.417(a)(1).
Also, EPA is proposing in 40 CFR 180.417(a)(2) to amend the
tolerance expression for the combined residues of the herbicide
triclopyr ((3,5,6-trichloro-2-pyridinyl)oxy) acetic acid and its
metabolite 3,5,6-trichloro-2-pyridinol (TCP) as a result of the
application/use of butoxyethyl ester of triclopyr or the triethylamine
salt of triclopyr.
Since the time of the Triclopyr RED, the Agency has determined that
a proposal by the registrant to increase the tolerance for ``grass,
forage'' from 500 to 700 ppm is acceptable based on available field
trial data and pending the amendment of all labels for triclopyr
formulations used on pasture and rangeland to specify a maximum
application rate of 2 lb. acid equivalents (ae)/A per annual growing
season. The dietary risk assessment performed as part of the triclopyr
RED supports this increase. The current tolerances on meat commodities
are adequate to cover residues that may occur from grazing areas
treated at 2 lb. ae/A. Therefore, EPA is proposing in 40 CFR
180.417(a)(1) to increase the tolerance on ``grass, forage'' to 700.0
ppm. Also, the Agency is proposing to revise the commodity terminology
``grass, forage, hay'' to read ``grass, hay'' and decrease the
tolerance from 500.0 to 200.0 ppm, based on available data and label
amendments.
Since the triclopyr RED was completed in 1997, tolerances were
established in 40 CFR 180.417(a)(1) for ``fish'' and ``shellfish'' (67
FR 58712, September 18, 2002)(FRL-7196-7).
15. Triphenyltin hydroxide (TPTH). Since TPTH residues of concern
in plant and animal commodities have been determined to include TPTH
and its monophenyltin (MPTH) and diphenyltin (DPTH) hydroxide and oxide
metabolites, EPA is proposing to revise the tolerance definition in 40
CFR 180.236 in terms of the combined residues of TPTH and its MPTH and
DPTH hydroxide and oxide metabolites, expressed in terms of parent
TPTH.
Based on available ruminant feeding data that indicate combined
TPTH-regulated residues as high as 1.15 ppm in kidney and 3.7 ppm in
liver, the Agency determined that the appropriate tolerances for kidney
and liver of cattle, goats, horses, and sheep are 2.0 and 4.0 ppm,
respectively. Therefore, EPA is proposing in 40 CFR 180.236 to increase
the tolerances for ``cattle, liver;'' ``goat, liver;'' ``horse,
liver;'' and ``sheep, liver;'' each from 0.05 to 4.0 ppm, ``cattle,
kidney;'' ``goat, kidney;'' ``horse, kidney;'' and ``sheep, kidney;''
each from 0.05 to 2.0 ppm.
Also, because available ruminant feeding data show combined TPTH-
[[Page 47062]]
regulated residues as high as 0.14 ppm in fat and 0.34 ppm in meat, the
Agency determined that the appropriate tolerances should be established
for fat and meat of cattle, goats, horses, and sheep at 0.2 ppm and 0.5
ppm, respectively. Moreover, based on non-detectable levels and
combined Limit of quantitation (LOQs) of 0.02 ppm for each metabolite,
the Agency determined that a tolerance should be established for milk
at 0.06 ppm. Therefore, EPA is proposing to establish tolerances in 40
CFR 180.236 for ``cattle, fat;'' ``goat, fat;'' ``horse, fat;'' and
``sheep, fat;'' each at 0.2 ppm;``cattle, meat;'' ``goat, meat;''
``horse, meat;'' and ``sheep, meat;'' each at 0.5 ppm, and ``milk'' at
0.06 ppm.
The ruminant feeding data was also used by the Agency to reassess
tolerances for swine. EPA determined that tolerances for hog kidney and
liver should be increased to 0.3 ppm (the combined LOQs of 0.1 ppm for
residues in kidney, liver and fat), and that these separate tolerances
should be combined as hog, meat byproducts. In addition, EPA determined
that tolerances should also be established for hog fat at 0.3 ppm (the
combined LOQs of 0.1 ppm for each metabolite), and in hog meat at 0.06
ppm (the combined LOQs of 0.02 ppm for each metabolite). Therefore, EPA
is proposing in 40 CFR 180.236 to revise the commodity tolerances for
``hog, kidney'' and ``hog, liver'' at 0.05 ppm into the commodity
tolerance ``hog, meat byproducts'' and increase the tolerance to 0.3
ppm and to establish tolerances for ``hog, fat'' at 0.3 ppm and ``hog,
meat'' at 0.06 ppm.
Based on available field trial data that show combined TPTH-
regulated residues as high as 9.7 ppm, the Agency determined that a
tolerance should be established at 10.0 ppm for beet, sugar, tops.
Therefore, EPA is proposing to establish a tolerance in 40 CFR 180.236
for ``beet, sugar, tops'' at 10.0 ppm.
Also, in order to conform to current Agency practice, EPA is
proposing in 40 CFR 180.236 to revise the terminology ``pecans'' to
read ``pecan.''
B. What is the Agency's Authority for Taking This Action?
A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et
seq., as amended by the FQPA of 1996, Public Law 104-170, authorizes
the establishment of tolerances, exemptions from tolerance
requirements, modifications in tolerances, and revocation of tolerances
for residues of pesticide chemicals in or on raw agricultural
commodities and processed foods (21 U.S.C. 346(a)). Without a tolerance
or exemption, food containing pesticide residues is considered to be
unsafe and therefore ``adulterated'' under section 402(a) of the FFDCA.
Such food may not be distributed in interstate commerce (21 U.S.C.
331(a) and 342(a)). For a food-use pesticide to be sold and
distributed, the pesticide must not only have appropriate tolerances
under the FFDCA, but also must be registered under FIFRA (7 U.S.C. et
seq.). Food-use pesticides not registered in the United States must
have tolerances in order for commodities treated with those pesticides
to be imported into the United States.
EPA is proposing these tolerance actions to implement the tolerance
recommendations made during the RED and TRED processes, and as follow-
up on canceled uses of pesticides. As part of the RED and TRED
processes, EPA is required to determine whether each of the amended
tolerances meets the safety standards under the FQPA. The safety
finding determination is found in detail in each Post-FQPA RED and TRED
for the active ingredient. REDs and TREDs propose certain tolerance
actions to be implemented to reflect current use patterns, to meet
safety findings, and change commodity names and groupings in accordance
with new EPA policy. Printed and electronic copies of the REDs and
TREDs are available as provided in Unit II.A.
EPA has issued Post-FQPA REDs for Bromoxynil, Diclofop-methyl,
Dicofol, Etridiazole, Folpet, Hydramethylnon, Iprodione, Paraquat,
Phosphine, Propargite, Triclopyr, and Triphenyltin hydroxide, and TREDs
for Diquat and Fenbutatin-oxide, whose REDs were both completed prior
to FQPA. EPA also issued a RED prior to FQPA for Picloram and in 1999
made a safety finding which reassessed its tolerances according to the
FQPA standard, maintaining them when new tolerances were established as
noted in Unit II.A. REDs and TREDs contain the Agency's evaluation of
the data base for these pesticides, including requirements for
additional data on the active ingredients to confirm the potential
human health and environmental risk assessments associated with current
product uses, and in REDs contain the Agency's decisions and conditions
under which these uses and products will be eligible for
reregistration. The REDs and TREDs recommended the establishment,
modification, and/or revocation of specific tolerances. RED and TRED
recommendations such as establishing or modifying tolerances, require
assessment under the FQPA standard of ``reasonable certainty of no
harm,'' and are proposed in those documents under that standard.
However, tolerance revocations recommended in REDs and TREDs may be
proposed in this document without such assessment when the tolerances
are no longer necessary.
EPA's general practice is to propose revocation of tolerances for
residues of pesticide active ingredients on crops for which FIFRA
registrations no longer exist and on which the pesticide may therefore
no longer be used in the United States. EPA has historically been
concerned that retention of tolerances that are not necessary to cover
residues in or on legally treated foods may encourage misuse of
pesticides within the United States. Nonetheless, EPA will establish
and maintain tolerances even when corresponding domestic uses are
canceled if the tolerances, which EPA refers to as ``import
tolerances,'' are necessary to allow importation into the United States
of food containing such pesticide residues. However, where there are no
imported commodities that require these import tolerances, the Agency
believes it is appropriate to revoke tolerances for unregistered
pesticides in order to prevent potential misuse.
Furthermore, as a general matter, the Agency believes that
retention of import tolerances not needed to cover any imported food
may result in unnecessary restriction on trade of pesticides and foods.
Under section 408 of the FFDCA, a tolerance may only be established or
maintained if EPA determines that the tolerance is safe based on a
number of factors, including an assessment of the aggregate exposure to
the pesticide and an assessment of the cumulative effects of such
pesticide and other substances that have a common mechanism of
toxicity. In doing so, EPA must consider potential contributions to
such exposure from all tolerances. If the cumulative risk is such that
the tolerances in aggregate are not safe, then every one of these
tolerances is potentially vulnerable to revocation. Furthermore, if
unneeded tolerances are included in the aggregate and cumulative risk
assessments, the estimated exposure to the pesticide would be inflated.
Consequently, it may be more difficult for others to obtain needed
tolerances or to register needed new uses. To avoid potential trade
restrictions, the Agency is proposing to revoke tolerances for residues
on crops for which FIFRA registrations no longer exist, unless someone
expresses a need for such tolerances. Through this proposed rule, the
Agency is inviting individuals who need these import
[[Page 47063]]
tolerances to identify themselves and the tolerances that are needed to
cover imported commodities.
Parties interested in retention of the tolerances should be aware
that additional data may be needed to support retention. These parties
should be aware that, under FFDCA section 408(f), if the Agency
determines that additional information is reasonably required to
support the continuation of a tolerance, EPA may require that parties
interested in maintaining the tolerances provide the necessary
information. If the requisite information is not submitted, EPA may
issue an order revoking the tolerance at issue.
C. When Do These Actions Become Effective?
EPA is proposing that revocations, modifications, establishments of
tolerances, and commodity terminology revisions become effective 90
days following publication of a final rule in the Federal Register to
ensure that all affected parties receive notice of EPA's actions. For
this rule, the proposed revocations will affect tolerances for uses
which have been canceled, in some cases, for many years. The Agency
believes that existing stocks of pesticide products labeled for the
uses associated with the tolerances proposed for revocation have been
completely exhausted and that treated commodities have had sufficient
time for passage through the channels of trade. However, if EPA is
presented with information that existing stocks would still be
available and that information is verified, the Agency will consider
extending the expiration date of the tolerance. If you have comments
regarding existing stocks and whether the effective date allows
sufficient time for treated commodities to clear the channels of trade,
please submit comments as described under SUPPLEMENTARY INFORMATION.
Any commodities listed in this proposal treated with the pesticides
subject to this proposal, and in the channels of trade following the
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as
established by FQPA. Under this section, any residues of these
pesticides in or on such food shall not render the food adulterated so
long as it is shown to the satisfaction of the Food and Drug
Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.
D. What Is the Contribution to Tolerance Reassessment?
By law, EPA is required by August 2006 to reassess the tolerances
in existence on August 2, 1996. As of July 26, 2004, EPA has reassessed
over 6,740 tolerances. Regarding tolerances mentioned in this proposed
rule, tolerances in existence at FQPA were previously counted as
reassessed at the time of the signature completion of a Post-FQPA RED
or TRED for each active ingredient, except for picloram whose
tolerances were counted as reassessed via final rulemaking which
published in the Federal Register on January 5, 1999 (64 FR 418), as
described in Units II.A. and B. Therefore, no further tolerance
reassessments would be counted toward the August 2006 review.
III. Are the Proposed Actions Consistent With International
Obligations?
The tolerance revocations in this proposal are not discriminatory
and are designed to ensure that both domestically-produced and imported
foods meet the food safety standards established by the FFDCA. The same
food safety standards apply to domestically produced and imported
foods.
EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in
reassessing them. MRLs are established by the Codex Committee on
Pesticide Residues, a committee within the Codex Alimentarius
Commission, an international organization formed to promote the
coordination of international food standards. It is EPA's policy to
harmonize U.S. tolerances with Codex MRLs to the extent possible,
provided that the MRLs achieve the level of protection required under
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the
tolerance reassessment section of individual Reregistration Eligibility
Decision documents. EPA has developed guidance concerning submissions
for import tolerance support (65 FR 35069, June 1, 2000) (FRL-6559-3).
This guidance will be made available to interested persons. Electronic
copies are available on the internet at http://www.epa.gov/. On the
Home Page select ``Laws, Regulations, and Dockets,'' then select
``Regulations and Proposed Rules'' and then look up the entry for this
document under ``Federal Register--Environmental Documents.'' You can
also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
IV. Statutory and Executive Order Reviews
In this proposed rule, EPA is proposing to establish specific
tolerances under FFDCA section 408(e), and to modify and revoke
specific tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted these types of actions (i.e.,
establishment and modification of a tolerance and tolerance revocation
for which extraordinary circumstances do not exist) from review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993). Because this proposed rule has been exempted
from review under Executive Order 12866 due to its lack of
significance, this proposed rule is not subject to Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This proposed
rule does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., or impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104-4). Nor does it require any special
considerations as required by Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review
or any other Agency action under Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This action does not involve any
technical standards that would require Agency consideration of
voluntary consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously
assessed whether establishment of tolerances, exemptions from
tolerances, raising of tolerance levels, expansion of exemptions, or
revocations of tolerances might significantly impact a substantial
[[Page 47064]]
number of small entities and concluded that, as a general matter, these
actions do not impose a significant economic impact on a substantial
number of small entities. These analyses for tolerance establishments
and modifications, and for tolerance revocations were published on May
4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020),
respectively, and were provided to the Chief Counsel for Advocacy of
the Small Business Administration. Taking into account this analysis,
and available information concerning the pesticides listed in this
rule, the Agency hereby certifies that this proposed action will not
have a significant negative economic impact on a substantial number of
small entities. Specifically, as per the 1997 notice, EPA has reviewed
its available data on imports and foreign pesticide usage and concludes
that there is a reasonable international supply of food not treated
with canceled pesticides. Furthermore, for the pesticides named in this
proposed rule, the Agency knows of no extraordinary circumstances that
exist as to the present proposal that would change the EPA's previous
analysis. Any comments about the Agency's determination should be
submitted to the EPA along with comments on the proposal, and will be
addressed prior to issuing a final rule. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This
proposed rule directly regulates growers, food processors, food
handlers and food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this
proposed rule does not have any ``tribal implications'' as described in
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive
Order 13175, requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' This proposed rule
will not have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 19, 2004.
James Jones,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR part 180 be amended as
follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.163 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 180.163 1, 1-Bis(4-chlorophenyl) -2,2,2- trichloroethanol;
tolerances for residues.
(a) General. (1) Tolerances for the combined residues of the
insecticide dicofol, 1,1-bis(4-chlorophenyl) -2,2,2-trichloroethanol
and 1-(2-chlorophenyl)-1- (4-chlorophenyl) -2,2,2-trichloroethanol in
or on raw agricultural commodities are established as follows:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple, wet pomace.......................................... 38.0
Bean, dry, seed............................................ 0.5
Bean, succulent............................................ 3.0
Butternut.................................................. 0.1
Caneberry subgroup 13A..................................... 5.0
Chestnut................................................... 0.1
Citrus, dried pulp......................................... 12.0
Citrus oil................................................. 200.0
Cotton, refined oil........................................ 0.5
Cotton, undelinted seed.................................... 0.1
Filbert.................................................... 0.1
Fruit, citrus, group 10.................................... 6.0
Fruit, pome, group 11...................................... 10.0
Fruit, stone, group 12..................................... 5.0
Grape...................................................... 5.0
Grape, raisin.............................................. 20.0
Hop, dried cones........................................... 65.0
Nut, hickory............................................... 0.1
Nut, macadamia............................................. 0.1
Pecan...................................................... 0.1
Peppermint, hay............................................ 25.0
Peppermint, oil............................................ 30.0
Spearmint, hay............................................. 25.0
Spearmint, oil............................................. 30.0
Strawberry................................................. 10.0
Tea, dried................................................. 50.0
Tea, plucked leaves........................................ 30.0
Vegetable, cucurbit, group 9............................... 2.0
Vegetable, fruiting, group 8............................... 2.0
Walnut..................................................... 0.1
------------------------------------------------------------------------
(2) Tolerances for the combined residues of the insecticide
dicofol, 1,1-bis(4-chlorophenyl)-2,2,2- trichloroethanol, 1-(2-
chlorophenyl)-1-(4- chlorophenyl)-2,2,2-trichloroethanol, 1,1-bis(4-
chlorophenyl) -2,2-dichloroethanol, and 1-(2-chlorophenyl)-1- (4-
chlorophenyl)-2,2-dichloroethanol in or on raw agricultural commodities
are established as follows:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 50.0
Cattle, liver.............................................. 5.0
Cattle, meat............................................... 3.0
Cattle, meat byproducts, except liver...................... 3.0
Egg........................................................ 0.05
Goat, fat.................................................. 50.0
Goat, liver................................................ 5.0
Goat, meat................................................. 3.0
Goat, meat byproducts, except liver........................ 3.0
Hog, fat................................................... 50.0
Hog, liver................................................. 5.0
Hog, meat.................................................. 3.0
Hog, meat byproducts, except liver......................... 3.0
Horse, fat................................................. 50.0
Horse, liver............................................... 5.0
Horse, meat................................................ 3.0
Horse, meat byproducts, except liver....................... 3.0
Milk....................................................... 22.0
Poultry, fat............................................... 0.1
Poultry, meat.............................................. 0.1
Poultry, meat byproducts................................... 0.1
Sheep, fat................................................. 50.0
Sheep, liver............................................... 5.0
Sheep, meat................................................ 3.0
[[Page 47065]]
Sheep, meat byproducts, except liver....................... 3.0
------------------------------------------------------------------------
* * * * *
3. Section 180.191 is amended by revising paragraph (a) and by
adding text to paragraph (c) after the paragraph heading to read as
follows:
Sec. 180.191 Folpet; tolerances for residues.
(a) General. Tolerances are established for the fungicide folpet
(N-(trichloromethylthio) phthalimide) in or on raw agricultural
commodities as follows:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple\1\................................................... 5.0
Cranberry\1\............................................... 15.0
Cucumber\1\................................................ 2.0
Grape\1\................................................... 50.0
Grape, raisin\1\........................................... 80.0
Hop, dried cones\1\........................................ 120.0
Lettuce\1\................................................. 50.0
Melon\1\................................................... 3.0
Onion, dry bulb\1\......................................... 2.0
Strawberry\1\.............................................. 5.0
Tomato\1\.................................................. 25.0
------------------------------------------------------------------------
\1\ No U.S. registrations.
* * * * *
(c) Tolerances with regional registration. Tolerances with regional
registrations as defined in Sec. 180.1(n), are established for
residues of the fungicide folpet (N-(trichloromethylthio) phthalimide)
in or on the following raw agricultural commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Avocado.................................................... 25.0
------------------------------------------------------------------------
* * * * *
4. Section 180.205 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.205 Paraquat; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Acerola.................................................... 0.05
Almond, hulls.............................................. 0.5
Animal feed, nongrass, group 18, forage.................... 75.0
Animal feed, nongrass, group 18, hay....................... 210.0
Artichoke, globe........................................... 0.05
Asparagus.................................................. 0.5
Avocado.................................................... 0.05
Banana..................................................... 0.05
Barley, grain.............................................. 0.05
Barley, straw.............................................. 1.0
Bean, dry, seed............................................ 0.3
Bean, lima, succulent...................................... 0.05
Bean, snap, succulent...................................... 0.05
Beet, sugar................................................ 0.5
Beet, sugar, tops.......................................... 0.05
Cacao bean................................................. 0.05
Carrot, roots.............................................. 0.05
Cattle, fat................................................ 0.05
Cattle, kidney............................................. 0.5
Cattle, meat............................................... 0.05
Cattle, meat byproducts, except kidney..................... 0.05
Coffee, bean............................................... 0.05
Corn, field, forage........................................ 3.0
Corn, field, grain......................................... 0.1
Corn, field, stover........................................ 10.0
Corn, pop, grain........................................... 0.1
Corn, pop, stover.......................................... 10.0
Corn, sweet, kernel plus cob with husks removed............ 0.05
Cotton, undelinted seed.................................... 0.5
Cowpea, forage............................................. 0.1
Cowpea, hay................................................ 0.4
Cranberry.................................................. 0.05
Cucurbits.................................................. 0.05
Egg........................................................ 0.01
Endive..................................................... 0.05
Fig........................................................ 0.05
Fruit, citrus, group 10.................................... 0.05
Fruit, pome, group 11...................................... 0.05
Fruit, stone, group 12..................................... 0.05
Goat, fat.................................................. 0.05
Goat, kidney............................................... 0.5
Goat, meat................................................. 0.05
Goat, meat byproducts, except kidney....................... 0.05
Grape...................................................... 0.05
Grass, forage.............................................. 90.0
Grass, hay................................................. 40.0
Guar....................................................... 0.5
Guava...................................................... 0.05
Hog, fat................................................... 0.05
Hog, kidney................................................ 0.5
Hog, meat.................................................. 0.05
Hog, meat byproducts, except kidney........................ 0.05
Hop, dried cones........................................... 0.5
Horse, fat................................................. 0.05
Horse, kidney.............................................. 0.5
Horse, meat................................................ 0.05
Horse, meat byproducts, except kidney...................... 0.05
Kiwifruit.................................................. 0.05
Lentil, seed............................................... 0.3
Lettuce.................................................... 0.05
Milk....................................................... 0.01
Nut........................................................ 0.05
Olive...................................................... 0.05
Onion, dry bulb............................................ 0.05
Onion, green............................................... 0.05
Papaya..................................................... 0.05
Passionfruit............................................... 0.2
Pea, dry, seed............................................. 0.3
Pea, field, hay............................................ 0.8
Pea, field vines........................................... 0.2
Pea, succulent............................................. 0.05
Peanut..................................................... 0.05
Persimmon.................................................. 0.05
Pineapple.................................................. 0.05
Pineapple, process residue................................. 0.25
Pistachio.................................................. 0.05
Potato..................................................... 0.5
Rhubarb.................................................... 0.05
Rice, grain................................................ 0.05
Rice, straw................................................ 0.06
Safflower, seed............................................ 0.05
Sheep, fat................................................. 0.05
Sheep, kidney.............................................. 0.5
Sheep, meat................................................ 0.05
Sheep, meat byproducts, except kidney...................... 0.05
Sorghum, forage............................................ 0.1
Sorghum, grain............................................. 0.05
Soybean.................................................... 0.25
Soybean, forage............................................ 0.03
Soybean, hay............................................... 0.05
Soybean, hulls............................................. 2.0
Strawberry................................................. 0.25
Sugarcane, cane............................................ 0.5
Sugarcane, molasses........................................ 3.0
Sunflower, seed............................................ 2.0
Turnip, greens............................................. 0.05
Turnip, roots.............................................. 0.05
Vegetable, brassica, leafy, group 5........................ 0.05
Vegetable, fruiting, group 8............................... 0.05
Wheat, forage.............................................. 0.5
Wheat, grain............................................... 0.05
Wheat, straw............................................... 1.0
------------------------------------------------------------------------
* * * * *
Sec. 180.225 [Amended]
5. Section 180.225 is amended by removing the entry for ``pimento''
from the table in paragraph (a)(1).
6. Section 180.226 is amended by revising paragraph (a)(1), the
tables in paragraph (a)(2)(i) and (a)(3), and by removing paragraph
(a)(6) to read as follows:
Sec. 180.226 Diquat; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
plant growth regulator and herbicide diquat, [6,7-dihydrodipyrido (1,2-
a:2',1'-c) pyrazinediium] derived from application of the dibromide
salt and calculated as the cation in or on the following food
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, seed.............................................. 3.0
Cattle, fat................................................ 0.05
Cattle, meat............................................... 0.05
Cattle, meat byproducts.................................... 0.05
Egg........................................................ 0.05
Goat, fat.................................................. 0.05
Goat, meat................................................. 0.05
Goat, meat byproducts...................................... 0.05
Hog, fat................................................... 0.05
Hog, meat.................................................. 0.05
Hog, meat byproducts....................................... 0.05
Horse, fat................................................. 0.05
Horse, meat................................................ 0.05
Horse, meat byproducts..................................... 0.05
Milk....................................................... 0.02
Potato..................................................... 0.1
Poultry, fat............................................... 0.05
Poultry, meat.............................................. 0.05
Poultry, meat byproducts................................... 0.05
[[Page 47066]]
Sheep, fat................................................. 0.05
Sheep, meat................................................ 0.05
Sheep, meat byproducts..................................... 0.05
Sorghum, grain, grain...................................... 2.0
Soybean, seed.............................................. 0.2
------------------------------------------------------------------------
(2)(i) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Avocado.................................................... 0.2
Cotton, undelinted seed.................................... 0.2
Fish....................................................... 2.0
Fruit, citrus, group 10.................................... 0.05
Fruit, pome, group 11...................................... 0.02
Fruit, small and berry group............................... 0.05
Fruit, stone, group 12..................................... 0.02
Grain, cereal, forage, fodder and straw, group 16.......... 0.02
Grain, cereal, group 15.................................... 0.02
Grass, forage, fodder and hay, group 17.................... 0.2
Hop, dried cones........................................... 0.2
Nut, tree, group 14........................................ 0.02
Shellfish.................................................. 20.0
Sugarcane, cane............................................ 0.2
Vegetable, brassica, leafy, group 5........................ 0.05
Vegetable, cucurbit, group 9............................... 0.02
Vegetable, foliage of legume, group 7...................... 0.2
Vegetable, fruiting, group 8............................... 0.05
Vegetable, leafy, except brassica, group 4................. 0.05
Vegetable, root and tuber, group 1......................... 0.02
Vegetable, seed and pod.................................... 0.05
------------------------------------------------------------------------
* * * * *
(3) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Banana..................................................... 0.05
Coffee, bean............................................... 0.05
Soybean, hulls............................................. 0.6
------------------------------------------------------------------------
* * * * *
7. Section 180.236 is revised to read as follows:
Sec. 180.236 Triphenyltin hydroxide; tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the fungicide triphenyltin hydroxide (TPTH) and its monophenyltin
(MPTH) and diphenyltin (DPTH) hydroxide and oxide metabolites,
expressed in terms of parent TPTH, in/on the following raw agricultural
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Beet, sugar, roots......................................... 0.05
Beet, sugar, tops.......................................... 10.0
Cattle, fat................................................ 0.2
Cattle, kidney............................................. 2.0
Cattle, liver.............................................. 4.0
Cattle, meat............................................... 0.5
Goat, fat.................................................. 0.2
Goat, kidney............................................... 2.0
Goat, liver................................................ 4.0
Goat, meat................................................. 0.5
Hog, fat................................................... 0.3
Hog, meat.................................................. 0.06
Hog, meat byproducts....................................... 0.3
Horse, fat................................................. 0.2
Horse, kidney.............................................. 2.0
Horse, liver............................................... 4.0
Horse, meat................................................ 0.5
Milk....................................................... 0.06
Pecan...................................................... 0.05
Potato..................................................... 0.05
Sheep, fat................................................. 0.2
Sheep, kidney.............................................. 2.0
Sheep, liver............................................... 4.0
Sheep, meat................................................ 0.5
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
8. Section 180.259 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.259 Propargite; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond..................................................... 0.1
Almond, hulls.............................................. 55.0
Bean, dry, seed............................................ 0.2
Cattle, fat................................................ 0.1
Cattle, meat............................................... 0.1
Cattle, meat byproducts.................................... 0.1
Citrus, oil................................................ 30.0
Corn, field, forage........................................ 10.0
Corn, field, grain......................................... 0.1
Corn, pop, grain........................................... 0.1
Corn, stover............................................... 10.0
Corn, sweet, forage........................................ 10.0
Cotton, undelinted seed.................................... 0.1
Egg........................................................ 0.1
Goat, fat.................................................. 0.1
Goat, meat................................................. 0.1
Goat, meat byproducts...................................... 0.1
Grain, aspirated fractions................................. 0.4
Grapefruit................................................. 5.0
Grape...................................................... 10.0
Hog, fat................................................... 0.1
Hog, meat.................................................. 0.1
Hog, meat byproducts....................................... 0.1
Hop, dried cones........................................... 30.0
Horse, fat................................................. 0.1
Horse, meat................................................ 0.1
Horse, meat byproducts..................................... 0.1
Lemon...................................................... 5.0
Milk, fat (0.08 ppm in milk)............................... 2.0
Nectarine.................................................. 4.0
Orange..................................................... 10.0
Peanut..................................................... 0.1
Peppermint, tops........................................... 50.0
Poultry, fat............................................... 0.1
Potato..................................................... 0.1
Sheep, fat................................................. 0.1
Sheep, meat................................................ 0.1
Sheep, meat byproducts..................................... 0.1
Sorghum, grain............................................. 5.0
Sorghum, grain, forage..................................... 10.0
Sorghum, grain, stover..................................... 10.0
Spearmint, tops............................................ 50.0
Tea, dried................................................. 10.0
Walnut..................................................... 0.1
------------------------------------------------------------------------
* * * * *
9. Section 180.292 is amended by revising the tables in paragraphs
(a)(1) and (2) and by removing the text from paragraph (d) and
reserving the paragraph designation and heading to read as follows:
Sec. 180.292 Picloram; tolerances for residues.
(a) * * * (1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley, grain.............................................. 0.5
Barley, straw.............................................. 1.0
Cattle, fat................................................ 0.2
Cattle, kidney............................................. 5.0
Cattle, liver.............................................. 0.5
Cattle, meat............................................... 0.2
Cattle, meat byproducts, except kidney and liver........... 0.2
Egg........................................................ 0.05
Goat, fat.................................................. 0.2
Goat, kidney............................................... 5.0
Goat, liver................................................ 0.5
Goat, meat................................................. 0.2
Goat, meat byproducts, except kidney and liver............. 0.2
Grain, aspirated fractions................................. 4.0
Grass, forage.............................................. 80.0
Hog, fat................................................... 0.2
Hog, kidney................................................ 5.0
Hog, liver................................................. 0.5
Hog, meat.................................................. 0.2
Hog, meat byproducts, except kidney and liver.............. 0.2
Horse, fat................................................. 0.2
Horse, kidney.............................................. 5.0
Horse, liver............................................... 0.5
Horse, meat................................................ 0.2
Horse, meat byproducts, except kidney and liver............ 0.2
Milk....................................................... 0.05
Oat, forage................................................ 1.0
Oat, grain................................................. 0.5
Oat, straw................................................. 1.0
Poultry, fat............................................... 0.05
Poultry, meat.............................................. 0.05
Poultry, meat byproducts................................... 0.05
Sheep, fat................................................. 0.2
Sheep, kidney.............................................. 5.0
Sheep, liver............................................... 0.5
Sheep, meat................................................ 0.2
Sheep, meat byproducts, except kidney and liver............ 0.2
Wheat, forage.............................................. 1.0
Wheat, grain............................................... 0.5
Wheat, straw............................................... 1.0
------------------------------------------------------------------------
(2) * * *
[[Page 47067]]
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley, pearled barley..................................... 3.0
Oat, groats/rolled oats.................................... 3.0
Wheat, bran................................................ 3.0
Wheat, germ................................................ 3.0
Wheat, middlings........................................... 3.0
Wheat, shorts.............................................. 3.0
------------------------------------------------------------------------
* * * * *
(d) Indirect or inadvertent residues. [Reserved]
10. Section 180.324 is amended by revising the table in paragraph
(a)(1) and by removing the text and table from paragraph (b) and
reserving the paragraph designation and heading to read as follows:
Sec. 180.324 Bromoxynil; tolerances for residues.
(a) * * * (1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, forage............................................ 0.1
Alfalfa, hay............................................... 0.5
Barley, grain.............................................. 0.05
Barley, hay................................................ 9.0
Barley, straw.............................................. 4.0
Corn, field, forage........................................ 0.3
Corn, field, grain......................................... 0.05
Corn, field, stover........................................ 0.2
Corn, pop, grain........................................... 0.05
Corn, pop, stover.......................................... 0.2
Flax, seed................................................. 0.1
Garlic..................................................... 0.1
Grain, aspirated fractions................................. 0.3
Grass, forage.............................................. 3.0
Grass, hay................................................. 3.0
Oat, forage................................................ 0.3
Oat, grain................................................. 0.05
Oat, hay................................................... 9.0
Oat, straw................................................. 4.0
Onion, dry bulb............................................ 0.1
Peppermint, hay............................................ 0.1
Rye, forage................................................ 1.0
Rye, grain................................................. 0.05
Rye, straw................................................. 2.0
Sorghum, grain............................................. 0.05
Sorghum, grain, forage..................................... 0.5
Sorghum, grain, stover..................................... 0.2
Spearmint, hay............................................. 0.1
Wheat, forage.............................................. 1.0
Wheat, grain............................................... 0.05
Wheat, hay................................................. 4.0
Wheat, straw............................................... 2.0
------------------------------------------------------------------------
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
11. Section 180.362 is amended by revising paragraph (a) to read as
follows:
Sec. 180.362 Hexakis (2-methyl-2-phenylpropyl)distannoxane;
tolerances for residues.
(a) General. (1) Tolerances are established for residues of hexakis
(2-methyl-2-phenylpropyl) distannoxane in or on the following raw
agricultural commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond, hulls.............................................. 80.0
Apple...................................................... 15.0
Apple, wet pomace.......................................... 100.0
Cherry, sweet.............................................. 6.0
Cherry, tart............................................... 6.0
Citrus, dried pulp......................................... 100.0
Citrus, oil................................................ 140.0
Cucumber................................................... 4.0
Eggplant................................................... 6.0
Fruit, citrus, group 10.................................... 20.0
Grape...................................................... 5.0
Grape, raisin.............................................. 20.0
Nut, tree, group 14........................................ 0.5
Papaya..................................................... 2.0
Peach...................................................... 10.0
Pear....................................................... 15.0
Plum, prune, fresh......................................... 4.0
Plum, prune, dried......................................... 20.0
Strawberry................................................. 10.0
------------------------------------------------------------------------
(2) Tolerances are established for the combined residues of hexakis
(2-methyl-2-phenylpropyl) distannoxane and its organotin metabolites
dihydroxybis(2-methyl-2- phenylpropyl)stannane, and 2-methyl-2-
phenylpropylstannoic acid in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.5
Cattle, meat............................................... 0.5
Cattle, meat byproducts.................................... 0.5
Egg........................................................ 0.1
Goat, fat.................................................. 0.5
Goat, meat................................................. 0.5
Goat, meat byproducts...................................... 0.5
Hog, fat................................................... 0.5
Hog, meat.................................................. 0.5
Hog, meat byproducts....................................... 0.5
Horse, fat................................................. 0.5
Horse, meat................................................ 0.5
Horse, meat byproducts..................................... 0.5
Milk, fat.................................................. 0.1
Poultry, fat............................................... 0.1
Poultry, meat.............................................. 0.1
Poultry, meat byproducts................................... 0.1
Sheep, fat................................................. 0.5
Sheep, meat................................................ 0.5
Sheep, meat byproducts..................................... 0.5
------------------------------------------------------------------------
* * * * *
12. Section 180.370 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole;
tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley, grain.............................................. 0.1
Barley, hay................................................ 0.1
Corn, field, forage........................................ 0.1
Corn, field, grain......................................... 0.1
Corn, field, stover........................................ 0.1
Corn, sweet, forage........................................ 0.1
Corn, sweet, stover........................................ 0.1
Cotton, gin byproducts..................................... 0.1
Cotton, undelinted seed.................................... 0.1
Peanut..................................................... 0.1
Safflower, seed............................................ 0.1
Sorghum, grain, forage..................................... 0.1
Sorghum, grain, grain...................................... 0.1
Tomato\1\.................................................. 0.15
Vegetable, foliage of legume, group 7...................... 0.1
Vegetable, legume, group 6................................. 0.1
Wheat, forage.............................................. 0.1
Wheat, grain............................................... 0.1
Wheat, straw............................................... 0.1
------------------------------------------------------------------------
\1\ No U.S. registrations since the mid-1980s.
* * * * *
Sec. 180.385 [Amended]
13. Section 180.385 is amended by removing from the table in
paragraph (a) the entries for ``lentil, seed'' and ``pea seeds (dry)''.
14. Section 180.395 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.395 Hydramethylnon; tolerances for residues.
* * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Grass, forage.............................................. 2.0
Grass, hay................................................. 2.0
Pineapple.................................................. 0.05
------------------------------------------------------------------------
* * * * *
15. Section 180.399 is amended by revising the tables in paragraph
(a)(1) and (a)(2) to read as follows:
Sec. 180.399 Iprodione; tolerances for residues.
(a) * * * (1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond..................................................... 0.3
Almond, hulls.............................................. 2.0
Apricot.................................................... 0.2
Bean, dry, seed............................................ 2.0
Bean, succulent............................................ 2.0
Blueberry.................................................. 15.0
Broccoli................................................... 25.0
Caneberry subgroup 13A..................................... 25.0
Carrot, roots.............................................. 5.0
Cherry, sweet.............................................. 0.2
Cherry, tart............................................... 0.2
Cotton, undelinted seed.................................... 0.1
Currant.................................................... 15.0
Garlic..................................................... 0.1
Ginseng, root.............................................. 4.0
Grape...................................................... 10.0
Grape, raisin.............................................. 15.0
Kiwifruit.................................................. 10.0
Lettuce.................................................... 25.0
[[Page 47068]]
Nectarine.................................................. 0.2
Onion, dry bulb............................................ 0.5
Peach...................................................... 0.05
Peanut..................................................... 0.5
Plum....................................................... 0.2
Plum, prune, fresh......................................... 0.2
Potato..................................................... 0.5
Rice, bran................................................. 30.0
Rice, grain................................................ 10.0
Rice, hulls................................................ 50.0
Rice, straw................................................ 20.0
Strawberry................................................. 0.5
------------------------------------------------------------------------
(2) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.5
Cattle, meat............................................... 0.5
Cattle, meat byproducts.................................... 3.0
Egg........................................................ 1.5
Goat, fat.................................................. 0.5
Goat, meat................................................. 0.5
Goat, meat byproducts...................................... 3.0
Hog, fat................................................... 0.5
Hog, meat.................................................. 0.5
Hog, meat byproducts....................................... 3.0
Horse, fat................................................. 0.5
Horse, meat................................................ 0.5
Horse, meat byproducts..................................... 3.0
Milk....................................................... 0.5
Poultry, fat............................................... 7.0
Poultry, meat.............................................. 1.0
Poultry, meat byproducts................................... 7.0
Sheep, fat................................................. 0.5
Sheep, meat................................................ 0.5
Sheep, meat byproducts..................................... 3.0
------------------------------------------------------------------------
* * * * *
16. Section 180.417 is amended by revising paragraph (a) to read as
follows:
Sec. 180.417 Triclopyr; tolerances for residues.
(a) General. (1) Tolerances for residues of the herbicide triclopyr
per se, as a result of the application/use of butoxyethyl ester of
triclopyr and triethyylamine salt of triclopyr, are established in or
on the following raw agricultural commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Egg........................................................ 0.05
Fish....................................................... 3.0
Grass, forage.............................................. 700.0
Grass, hay................................................. 200.0
Milk....................................................... 0.01
Poultry, fat............................................... 0.1
Poultry, meat.............................................. 0.1
Poultry, meat byproducts, except kidney.................... 0.1
Rice, grain................................................ 0.3
Rice, straw................................................ 10.0
Shellfish.................................................. 3.5
------------------------------------------------------------------------
(2) Tolerances for the combined residues of the herbicide triclopyr
((3,5,6-trichloro-2-pyridinyl) oxy) acetic acid and its metabolite
3,5,6-trichloro-2-pyridinol (TCP), as a result of the application/use
of butoxyethyl ester of triclopyr or the triethylamine salt of
triclopyr, are established in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.05
Cattle, kidney............................................. 0.5
Cattle, liver.............................................. 0.5
Cattle, meat............................................... 0.05
Cattle, meat byproducts, except kidney and liver........... 0.05
Goat, fat.................................................. 0.05
Goat, kidney............................................... 0.5
Goat, liver................................................ 0.5
Goat, meat................................................. 0.05
Goat, meat byproducts, except kidney and liver............. 0.05
Hog, fat................................................... 0.05
Hog, kidney................................................ 0.5
Hog, liver................................................. 0.5
Hog, meat.................................................. 0.05
Hog, meat byproducts, except kidney and liver.............. 0.05
Horse, fat................................................. 0.05
Horse, kidney.............................................. 0.5
Horse, liver............................................... 0.5
Horse, meat................................................ 0.05
Horse, meat byproducts, except kidney and liver............ 0.05
Sheep, fat................................................. 0.05
Sheep, kidney.............................................. 0.5
Sheep, liver............................................... 0.5
Sheep, meat................................................ 0.05
Sheep, meat byproducts, except kidney and liver............ 0.05
------------------------------------------------------------------------
* * * * *
[FR Doc. 04-17508 Filed 8-3-04; 8:45 am]
BILLING CODE 6560-50-S