FR Doc 06-8255

[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Rules and Regulations]
[Page 56378-56383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se06-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0056; FRL-8093-5]

Bentazon, Carboxin, Dipropyl Isocinchomeronate, Oil of Lemongrass
(Oil of Lemon) and Oil of Orange; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the fungicide carboxin,
the insecticide dipropyl isocinchomeronate, and the fungicide/animal
repellent oil of lemon (oil of lemongrass) and oil of orange. Also, EPA
is modifying certain tolerances for the herbicide bentazon and the
fungicide carboxin. In addition, EPA is establishing new tolerances for
the herbicide bentazon.

DATES: This regulation is effective September 27, 2006. Objections and
requests for hearings must be received on or before November 27, 2006,
and must be filed in accordance with the

[[Page 56379]]

instructions provided in 40 CFR part 178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0056. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The 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: Monisha Dandridge, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0410; e-mail
address: dandridge.monisha@epa.gov.

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), e.g., agricultural workers;
greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturing (NAICS 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
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. 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?

In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

Under section 408(g) of the FFDCA, as amended by the Food Quality
Protection Act (FQPA), any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
The EPA procedural regulations which govern the submission of
objections and requests for hearings appear in 40 CFR part 178. You
must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2006-0056 in the subject line on the first page of your submission. All
requests must be in writing, and must be mailed or delivered to the
Hearing Clerk on or before November 27, 2006.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0056, by one of the following methods.
Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

In the Federal Register of July 14, 2006 (71 FR 40051) (FRL-8075-
4), EPA issued a proposed rule to revoke, modify, and establish certain
tolerances and tolerance exemptions for residues of the herbicide
bentazon, the fungicide carboxin, the insecticide dipropyl
isocinchomeronate, and the fungicide/animal repellent oil of lemon (oil
of lemongrass), and oil of orange. Also, the proposal of July 14, 2006
(71 FR 40051) provided a 60-day comment period which invited public
comment for consideration and for support of tolerance retention under
the Federal Food, Drug, and Cosmetic Act (FFDCA) standards.
EPA is revoking, modifying, and establishing specific tolerances
for residues of the herbicide bentazon, the fungicide carboxin, the
insecticide dipropyl isocinchomeronate, and the fungicide/animal
repellent oil of lemon (oil of lemongrass) and oil of orange in or on
commodities listed in the regulatory text.
EPA is finalizing these tolerance actions in order 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 when taking
action on tolerances and exemptions, EPA is required to determine
whether each of the amended tolerances or exemptions meets the safety
standards under the FQPA. The safety finding determination of
``reasonable certainty of no harm'' is found in detail in each
Reregistration Eligibility Decision (RED) and Report on FQPA Tolerance
Reassessment Progress and Interim Risk Management Decision (TRED) for
the active ingredient. REDs and TREDs recommend certain tolerance
actions to be implemented to reflect current use patterns, to meet
safety findings and change commodity

[[Page 56380]]

names and groupings in accordance with new EPA policy. Printed copies
of 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.

In this final rule, EPA is revoking certain tolerances and
tolerance exemptions because these specific tolerances and exemptions
correspond to uses no longer current or registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the United
States. The tolerances revoked by this final rule are no longer
necessary to cover residues of the relevant pesticides in or on
domestically treated commodities or commodities treated outside but
imported into the United States. It is EPA's general practice to revoke
those tolerances and tolerance exemptions 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 or tolerance exemption to
cover residues in or on imported commodities or domestic commodities
legally treated.
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. Thus, it
is EPA's policy to issue a final rule revoking those tolerances for
residues of pesticide chemicals for which there are no active
registrations under FIFRA, unless any person commenting on the proposal
demonstrates a need for the tolerance to cover residues in or on
imported commodities or domestic commodities legally treated.
Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
1. Prior to EPA's issuance of a section 408(f) order requesting
additional data or issuance of a section 408(d) or (e) order revoking
the tolerances on other grounds, commenters retract the comment
identifying a need for the tolerance to be retained.
2. EPA independently verifies that the tolerance is no longer
needed.
3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of July 14,
2006 (71 FR 40051). EPA received no comments during the 60-day public
comment period.
1. Bentazon. The available residue data for bentazon indicate that
the established tolerances for cowpea, forage; pea, dry, seed; pea,
field, hay; soybean, forage; and soybean, hay should be increased to
account for increased residue levels. Therefore, EPA is increasing
tolerances in 40 CFR 180.355(a)(1) for the residues of bentazon in or
on cowpea, forage from 3.0 to 10.0 parts per million (ppm); pea, dry,
seed from 0.05 to 1.0 ppm; pea, field, hay from 3.0 to 8.0; soybean,
forage from 3.0 to 8.0 ppm and soybean, hay from 0.3 to 8.0 ppm. The
Agency has determined that the increased tolerances are safe; i.e.,
there is a reasonable certainty that no harm will result from aggregate
exposure to the pesticide chemical residue.
The Agency determined that the tolerance on pepper, nonbell should
be decreased to 0.05 ppm, which is the limit of detection for bentazon
residues of concern. Therefore, the Agency is decreasing the tolerances
in 40 CFR 180.355(a)(1) for the combined residues of bentazon and its
metabolites in or on pepper, nonbell to 0.05 ppm.
The processing data on rice indicate the residues concentrate in
hulls. Therefore, EPA is establishing a tolerance in 40 CFR
180.355(a)(1) for the combined residues of bentazon and its metabolites
in or on rice, hulls at 0.25 ppm.
In order to conform to current Agency policy on commodity
terminology, EPA is modifying the tolerance in 40 CFR 180.355(a)(1),
for residues of bentazon in or on mint to peppermint, tops and
spearmint, tops and maintaining the tolerance level at 1.0 ppm.
2. Carboxin. According to the TRED, the current tolerance
expression, ``combined residues of the fungicide carboxin (5,6-dihydro-
2-methyl-1,4-oxathiin-3-carboxanilide) and its metabolite 5,6-dihydro-
3-carboxanilide-2-methyl-1,4-oxathiin-4-oxide (calculated as carboxin)
(from treatment of seed prior to planting) in or on raw agricultural
commodities as follows:'' in 40 CFR 180.301(a) should be modified. The
residue chemistry data indicate that as crops mature, insoluble anilide
complexes as well as polar metabolites increase. These complexes of
carboxin or carboxin derivatives with macromolecules such as lignin are
insoluble in water and organic solvents and liberate aniline upon
hydrolysis. Further, analytical methods for detection of carboxin
regulated residues produce aniline (convert carboxin and carboxin
derived metabolite to aniline), which is determined either
spectrophotometrically or by gas-liquid chromatography (GLC).
Therefore, the residues of concern are carboxin, carboxin sulfoxide,
and insoluble anilide complexes. Consequently, EPA is revising the
tolerance expression in 40 CFR 180.301(a) to read as follows: ``(a)
General. Tolerances are established for the combined residues of the
fungicide carboxin (5,6-dihydro-2-methyl-1,4-oxathiin-3-carboxanilide)
and its metabolites determined as aniline and expressed as parent
compound, in or on food commodities as follows:''
Because bean forage, hay, and straw are no longer considered
significant livestock feed stuffs and have been deleted from Table
OPPTS 860.1000 (available at http://www.epa.gov/[fxsp0]opptsfrs/OPPTS--

[fxsp0]Harmonized/ 860--[fxsp0]Residue--[fxsp0]Chemistry--[fxsp0]Test--
Guidelines/[fxsp0]Series): the tolerances are no longer needed.
Therefore, EPA is revoking the tolerances in 40 CFR 180.301(a) on bean,
forage; bean, hay; and bean, straw.
Carboxin has had no active registrations for uses on sorghum over a
period of many years. Therefore, EPA is revoking the tolerances in 40
CFR 180.301(a) for residues of carboxin in or on sorghum that are no
longer needed; EPA is revoking the tolerances in 40 CFR 180.301(a) for
sorghum, forage; sorghum, grain; and sorghum, grain, stover.
Based on the ruminant feeding study, the lack of residues detected
on the poultry feedstuff produced from treated seeds, and the use of
carboxin only as a fungicide on seeds indicating there is no propensity
for residues to accumulate in animal tissues, the tolerance should be
established at the level of quantitation of the analytical method of
0.05 ppm rather than the current tolerance level of 0.01 ppm.
Therefore, EPA is increasing the tolerances in 40 CFR 180.301(a) for
combined residues of carboxin and its metabolites in or on egg from
0.01 to 0.05 ppm. The Agency has determined that the increased
tolerances are safe; i.e., there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue.

[[Page 56381]]

Based on \14\C-radiolabeled dairy cattle feeding data at an
exaggerated 1.15x feeding level, milk showed combined carboxin residues
of concern. The \14\C-radiolabeled feeding study had a lower limit of
quantitation (LOQ) than the enforcement method and therefore the
tolerance should be established at the LOQ of the enforcement
analytical method (0.05 ppm). Therefore, EPA is increasing the
tolerance in 40 CFR 180.301(a) for combined residues of carboxin and
its metabolites in or on ``milk'' from 0.01 to 0.05 ppm. The Agency has
determined that the increased tolerances are safe; i.e., there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue.
A dairy cattle feeding study conducted at an exaggerated (1.15x)
feeding level, shows combined carboxin regulated residues were as low
as 0.023 and 0.007 ppm in meat and fat. Therefore, EPA is decreasing
the tolerances in 40 CFR 180.301(a) for residues of carboxin in or on
cattle, fat; cattle, meat; goat, fat; goat, meat; hog, fat; hog, meat;
horse, fat; horse, meat; sheep, fat; and sheep, meat from 0.1 to 0.05
ppm, respectively.
In order to conform to current Agency practice, EPA is revising the
commodity terminology in 40 CFR 180.301(a), for residues of carboxin in
or on corn, stover to read corn, field, stover; corn, pop, stover and
corn, sweet, stover; corn, forage to corn, field, forage; and, corn,
sweet, forage; corn, fresh, including sweet corn, kernel plus cob with
husks removed to read corn, sweet, kernel plus cob with husks removed;
corn, grain to corn, field, grain and corn, pop, grain; oat, seed to
read oat, grain; rice to rice, grain; and soybean to read soybean,
seed.
3. Dipropyl isocinchomeronate (MGK 326). There have been no active
registrations for uses associated with livestock or milk commodities
since 1996, such that these tolerances are no longer needed, and
therefore EPA is revoking the commodity tolerances in 40 CFR 180.143(a)
for residues of dipropyl isocinchomeronate in or on cattle, fat;
cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; goat,
meat byproducts; hog, fat; hog, meat; hog, meat byproducts; horse, fat;
horse, meat; horse, meat byproducts; milk; sheep, fat; sheep, meat;
and, sheep, meat byproducts.
4. Oil of lemongrass (oil of lemon) and oil of orange. Oil of lemon
is not a registered pesticide active ingredient nor has it ever been an
active ingredient in any pesticide product. However, the Agency has
determined that the exemptions from the requirement of a tolerance
under 40 CFR 180.1238 apply to oil of lemongrass, which is a registered
active ingredient included in the 1993 RED entitled Flower and
Vegetable Oils. Oil of lemongrass and oil of lemon are distinct and not
synonyms. There have been no active food-use registrations within the
past 10 years which contain either oil of lemongrass or oil of orange
as pesticide active ingredients. Therefore, EPA is revoking the
tolerance exemptions on raw agricultural commodities in 40 CFR 180.1238
and 180.1239 for oil of lemon (oil of lemongrass) and oil of orange,
respectively, when used as a postharvest fungicide.

B. What is the Agency's Authority for Taking this Action?

EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes, and as follow-up on canceled uses of
pesticides. As part of these 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
RED and TRED for the active ingredient. REDs and TREDs recommend the
implementation of certain tolerance actions, including modifications 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 a post-FQPA RED for carboxin and dipropyl
isocinchomeronate (MGK 326), and a pre-FQPA RED for bentazon, whose
tolerances were reassessed post-FQPA as part of the Agency's
determination on March 8, 2000 (65 FR 12122) (FRL-6492-7) to establish
new bentazon uses and therefore a TRED to reassess its tolerances was
not needed. Also, EPA has issued a TRED for oil of lemongrass (oil of
lemon) and oil of orange, as these active ingredients were part of the
Flower and Vegetable Oils pre-FQPA RED. REDs and TREDs contain the
Agency's evaluation of the data base for these pesticides, including
statements regarding additional data on the active ingredients that may
be needed to confirm the potential human health and environmental risk
assessments associated with current product uses, and REDs state
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, and in
some cases revoking tolerances, are the result of assessment under the
FQPA standard of ``reasonable certainty of no harm.'' However,
tolerance revocations recommended in REDs and TREDs that are made final
in this document are considered reassessed by the determination that
the tolerances are no longer necessary.
EPA's general practice is to revoke 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.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues in meat, milk, poultry, and/or eggs produced by
animals that are fed agricultural products (for example, grain or hay)
containing pesticides residues (40 CFR 180.6). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and 180.6 (c)).

C. When Do These Actions Become Effective?

These actions become effective on the date of publication of this
final rule in the Federal Register because their associated uses have
been canceled for several years. The Agency believes that treated
commodities have had sufficient time for passage through the channels
of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to

[[Page 56382]]

this final rule, and that are in the channels of trade following the
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as
established by the 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, and (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.

III. Are There Any International Trade Issues Raised By This Final
Action?

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. When possible, EPA seeks
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain in a Federal Register document the
reasons for departing from the Codex level. EPA's effort to harmonize
with Codex MRLs is summarized in the tolerance reassessment section of
individual REDs. The U.S. 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 and Regulations,'' 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 final rule EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes 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 rule has been exempted from review under Executive Order
12866 due to its lack of significance, this 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 final 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 104-13, 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 might significantly impact a
substantial 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 final rule will not
have a significant economic impact on a substantial number of small
entities. In a memorandum dated May 25, 2001, EPA determined that eight
conditions must all be satisfied in order for an import tolerance or
tolerance exemption revocation to adversely affect a significant number
of small entity importers, and that there is a negligible joint
probability of all eight conditions holding simultaneously with respect
to any particular revocation (this Agency document is available in the
docket of this final rule). Furthermore, for the pesticides named in
this final rule, the Agency knows of no extraordinary circumstances
that exist as to the present revocations that would change EPA's
previous analysis. 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 final 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 FFDCA. For these same reasons, the Agency has
determined that this 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 [l]dquo;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

[[Page 56383]]

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 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 rule.

V. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

Dated: September 20, 2006.
James Jones,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

Authority: 21 U.S.C. 321(q), 346a and 371.

Sec. 180.143 [Removed]

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2. Section 180.143 is removed.

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3. Section 180.301 is amended by revising paragraph (a) to read as
follows:

Sec. 180.301 Carboxin; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the fungicide carboxin (5,6-dihydro-2-methyl-1,4-oxathiin-3-
carboxanilide) and its metabolites determined as aniline and expressed
as parent compound, in or on food commodities as follows:

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley, grain.............................................. 0.2
Barley, straw.............................................. 0.2
Bean, dry, seed............................................ 0.2
Bean, succulent............................................ 0.2
Canola, seed............................................... 0.03
Cattle, fat................................................ 0.05
Cattle, meat byproducts.................................... 0.1
Cattle, meat............................................... 0.05
Corn, field, forage........................................ 0.2
Corn, field, grain......................................... 0.2
Corn, field, stover........................................ 0.2
Corn, pop, grain........................................... 0.2
Corn, pop, stover.......................................... 0.2
Corn, sweet, forage........................................ 0.2
Corn, sweet, kernel plus cob with husks removed............ 0.2
Corn, sweet, stover........................................ 0.2
Cotton, undelinted seed.................................... 0.2
Egg........................................................ 0.05
Goat, fat.................................................. 0.05
Goat, meat byproducts...................................... 0.1
Goat, meat................................................. 0.05
Hog, fat................................................... 0.05
Hog, meat byproducts....................................... 0.1
Hog, meat.................................................. 0.05
Horse, fat................................................. 0.05
Horse, meat byproducts..................................... 0.1
Horse, meat................................................ 0.05
Milk....................................................... 0.05
Oat, forage................................................ 0.5
Oat, grain................................................. 0.2
Oat, straw................................................. 0.2
Onion, bulb................................................ 0.2
Peanut..................................................... 0.2
Peanut, hay................................................ 0.2
Poultry, fat............................................... 0.1
Poultry, meat byproducts................................... 0.1
Poultry, meat.............................................. 0.1
Rice, grain................................................ 0.2
Rice, straw................................................ 0.2
Safflower, seed............................................ 0.2
Sheep, fat................................................. 0.05
Sheep, meat byproducts..................................... 0.1
Sheep, meat................................................ 0.05
Soybean, seed.............................................. 0.2
Wheat, forage.............................................. 0.5
Wheat, grain............................................... 0.2
Wheat, straw............................................... 0.2
------------------------------------------------------------------------

* * * * *

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4. Section 180.355 is amended by revising the table in paragraph (a)(1)
to read as follows:

Sec. 180.355 Bentazon; tolerances for residues.

(a) General. (1) * * *

* * * * *

Sec. Sec. 180.1238 and 180.1239 [Removed]

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5. Section 180.1238 and 180.1239 are removed.

[FR Doc. 06-8255 Filed 9-26-06; 8:45 am]

BILLING CODE 6560-50-S