[Federal Register: September 15, 2006 (Volume 71, Number 179)]
[Rules and Regulations]
[Page 54423-54434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se06-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2005-0459; FRL-8077-9]
Endosulfan, Fenarimol, Imazalil, Oryzalin, Sodium Acifluorfen,
Trifluralin, and Ziram; Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is revoking certain tolerances for the insecticide
endosulfan; the fungicides fenarimol, imazalil, and ziram; and the
herbicide trifluralin. Also, EPA is modifying certain tolerances for
the insecticide endosulfan, the fungicides fenarimol and imazalil, and
the herbicides sodium acifluorfen and trifluralin. EPA is not modifying
tolerances for ziram. In addition, EPA is establishing new tolerances
for the insecticide endosulfan, the fungicides fenarimol and imazalil,
and the herbicides oryzalin and trifluralin. The regulatory actions in
this document are part of the Agency's reregistration program under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
DATES: This regulation is effective September 15, 2006. However,
certain regulatory actions will not occur until the date specified in
the regulatory text. Objections and requests for hearings must be
received on or before November 14, 2006, and must be filed in
accordance with the 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-2005-0459. 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 Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Kendra Tyler, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0125; e-mail
address: tyler.kendra@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 code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
[[Page 54424]]
Pesticide manufacturing (NAICS code 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 FFDCA, as amended by 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 the docket
ID number EPA-HQ-OPP-2005-0459 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 14, 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-2005-0459, 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
Bldg.), 2777 S. Crystal Dr., 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 Facility telephone number is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of April 26, 2006 (71 FR 24615) (FRL-7771-
9), EPA issued a proposed rule to revoke, modify, and establish certain
tolerances and tolerance exemptions for residues of endosulfan,
fenarimol, imazalil, oryzalin, sodium acifluorfen, trifluralin, and
ziram. The proposal also provided a 60-day comment period which invited
public comment for consideration and for support of tolerance retention
under FFDCA standards.
EPA is revoking, removing, modifying, and/or establishing specific
tolerances for residues of the insectcide endosulfan; the fungicides
fenarimol, imazalil, and ziram; and the herbicides oryzalin, sodium
acifluorfen, and trifluralin in or on commodities listed in the
regulatory text of this document.
EPA is finalizing these tolerance actions in order to implement the
tolerance recommendations made during the reregistration and when
taking action on tolerances and exemptions (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 FQPA. The safety finding determination of ``reasonable
certainty of no harm'' is found in detail in each RED and 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 to change commodity 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 number: 1-
800-490-9198; fax number: 1-513-489-8695; Internet address: http://www.epa.gov/ncepihom
and from the National Technical Information
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161; telephone
number: 1-800-553-6847 or 703-605-6000; Internet address: 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 the specific tolerances and exemptions
correspond to uses no longer current or registered under 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:
Prior to EPA's issuance of a FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA 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.
EPA independently verifies that the tolerance is no longer
needed.
[[Page 54425]]
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 proposed rule of April 26, 2006, EPA received one
comment during the 60-day public comment period, as follows:
Comment by private citizen. A private citizen stated that
only zero tolerances should be acceptable. In addition, the commenter
expressed a concern for pesticide use in general and their possible
toxic effects on plants, wildlife, and humans.
Agency response. The private citizen's comments did not
take issue with any of the Agency's specific conclusions to modify,
revoke, or establish certain tolerances. Also, the commenter did not
refer to any specific scientific studies which pertained to the
reregistration of any active ingredient, or Agency decision document
which pertained to the reregistration eligibility of any active
ingredient.
Section 4 of FIFRA directs EPA to make decisions about the future
use of older pesticides. Under the pesticide reregistration program,
EPA examines health and safety data for pesticide active ingredients
initially registered before November 1, 1984, and determines whether
they are eligible for reregistration to ensure that they meet current
scientific and regulatory standards. During reregistration, EPA
considers the human health and ecological effects of pesticides and
addresses actions to reduce risks that are of concern.
Of the 613 cases subject to reregistration, about 40% have been
canceled for various reasons, including request for voluntary
cancellation by the registrant, cancellation by EPA because required
fees were not paid, or cancellation by EPA because unacceptable risk
existed that could not be reduced by other actions, such as voluntary
cancellation of selected uses or changes in the way the pesticide is
used.
Reducing pesticide risks is an important aspect of the
reregistration program. In developing REDs, EPA works with
stakeholders, pesticide registrants, growers and other pesticide users,
environmental and public health interests, the States, the U.S.
Department of Agriculture (USDA), other Federal agencies, and others to
develop voluntary measures or regulatory controls needed to effectively
reduce risks of concern. Such options include voluntary cancellation of
pesticide products or deletion of uses, declaring certain uses
ineligible or not yet eligible, restricting use of products to
certified applicators, limiting the amount or frequency of use,
improving use directions and precautions, adding more protective
clothing and equipment requirements, requiring special packaging or
engineering controls, requiring no-treatment buffer zones, employing
environmental and ecological safeguards, and other measures.
Also, for all pesticides with food uses, EPA is reassessing
tolerances (pesticide residue limits in food) to ensure that they met
the safety standard of FFDCA section 408, 21 U.S.C. 346a, as amended by
FQPA. Under FFDCA, EPA must make a determination that pesticide
residues remaining in or on food are safe; that is, that there is
reasonable certainty that no harm will result from aggregate exposure
to the pesticide residue from dietary and other sources. EPA has
integrated reregistration and tolerance reassessment to most
effectively accomplish the goals of both programs.
At the end of the reregistration process, after EPA has issued a
RED and declared a pesticide reregistration case eligible for
reregistration, individual end-use products that contain pesticide
active ingredients included in the case still must be reregistered.
During this product reregistration, EPA sends registrants a Data Call-
In (DCI) notice requesting any product specific data and specific
revised labelling needed to complete reregistration for each of the
individual pesticide products covered by the RED. Based on the results
of EPA's review of these data and labelling, products found to meet
FIFRA and FFDCA standards may be reregistered.
Therefore, EPA believes that the tolerance actions in the proposed
rule of April 26, 2006, should be implemented and made final as
expressed in this final rule.
No comments were received by the Agency specific to endosulfan,
fenarimol, imazalil, oryzalin, and sodium acifluorfen.
1. Endosulfan. Currently, the tolerance expression for residues is
defined in terms of endosulfan and its metabolite endosulfan sulfate in
40 CFR 180.182. Because the tolerance expression should reflect the
alpha- and beta- isomers of the parent compound, EPA is modifying the
tolerance expression in 40 CFR 180.182 in order to specify the alpha-
and beta- isomers of the parent. Also, EPA is removing the ``(N)''
designation from all entries to conform to current Agency
administrative practice (``N'' designation means negligible residues).
Because no active registrations exist for use of endosulfan on
artichoke, globe; beet, sugar, roots; raspberry; safflower, seed; and
sunflower, seed, the tolerances are no longer needed. Therefore, EPA is
revoking the tolerances in 40 CFR 180.182(a)(1) on artichoke, globe;
beet, sugar, roots; raspberry; safflower, seed; and sunflower, seed.
Based on available data on almond that show combined endosulfan
residues of concern are non-detectable (< 0.1 parts per million (ppm)
for each residue of concern) in or on almond kernels, the Agency has
determined that the tolerance on almond should be increased to 0.3 ppm,
the combined limits of detection. Therefore, EPA is increasing the
tolerance in 40 CFR 180.182(a)(1) for combined endosulfan residues of
concern in or on almond from 0.2 to 0.3 ppm. The Agency determined that
the increased tolerance is safe; i.e., there is a reasonable certainty
that no harm will result from aggregate exposure to the pesticide
chemical residue.
Based on available data on the grain and straw of barley and wheat
that show combined endosulfan residues of concern as high as 0.30,
0.30, 0.35, and 0.38 ppm in or on barley grain, wheat grain, barley
straw, and wheat straw, respectively, the Agency has determined that
the tolerances on barley and wheat grain should be increased to 0.3 ppm
and tolerances on barley and wheat straw should be increased to 0.4
ppm. Therefore, EPA is increasing the tolerances in 40 CFR
180.182(a)(1) for combined endosulfan residues of concern in or on
barley, grain and wheat, grain from 0.1 to 0.3 ppm, and barley, straw
and wheat, straw from 0.2 to 0.4 ppm. The Agency 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.
Based on available data on blueberry that show combined endosulfan
residues of concern are non-detectable (< 0.1 ppm), the Agency has
determined that the tolerance on blueberry should be increased to 0.3
ppm, the combined limits of detection. Therefore, EPA is increasing the
tolerance in 40 CFR 180.182(a)(1) for combined endosulfan residues of
concern in or on blueberry from 0.1 to 0.3 ppm. The Agency determined
that the increased tolerance is safe; i.e., there is a reasonable
certainty that no harm will result from aggregate exposure to the
pesticide chemical residue.
[[Page 54426]]
Based on available data on broccoli that show combined endosulfan
residues of concern as high as 2.41 ppm, the Agency has determined that
the tolerance on broccoli should be increased to 3.0 ppm. Therefore,
EPA is increasing the tolerance in 40 CFR 180.182(a)(1) for combined
endosulfan residues of concern in or on broccoli from 2.0 to 3.0 ppm.
The Agency determined that the increased tolerance is safe; i.e., there
is a reasonable certainty that no harm will result from aggregate
exposure to the pesticide chemical residue.
Based on available data that show combined endosulfan residues of
concern as high as 3.1 ppm on cabbage with wrapper leaves, the Agency
has determined that the tolerance on cabbage should be increased to 4.0
ppm. Therefore, EPA is increasing the tolerance in 40 CFR 180.182(a)(1)
for combined endosulfan residues of concern in or on cabbage from 2.0
to 4.0 ppm. The Agency determined that the increased tolerance is safe;
i.e., there is a reasonable certainty that no harm will result from
aggregate exposure to the pesticide chemical residue.
Based on available data on celery that show combined endosulfan
residues of concern as high as 7.0 ppm, the Agency has determined that
the tolerance on celery should be increased to 8.0 ppm. Therefore, EPA
is increasing the tolerance in 40 CFR 180.182(a)(1) for combined
endosulfan residues of concern in or on celery from 2.0 to 8.0 ppm. The
Agency determined that the increased tolerance is safe; i.e., there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue.
Based on available data that show combined endosulfan residues of
concern as high as 10.11 ppm in or on head lettuce with wrapper leaves
and 5.72 ppm in or on leaf lettuce, the Agency has determined that the
existing tolerance on lettuce should be split into separate tolerances
for head lettuce and leaf lettuce, and increased to 11.0 ppm and 6.0
ppm, respectively. Therefore, EPA is separating the tolerance in 40 CFR
180.182(a)(1) on lettuce into lettuce, head and lettuce, leaf and
increasing them for combined endosulfan residues of concern from 2.0 to
11.0 and 6.0 ppm, respectively. The Agency 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.
Based on available data on oat grain, oat straw, rye grain, and rye
straw that show combined endosulfan residues of concern as high as
0.30, 0.32, 0.30, and 0.30 ppm, respectively, the Agency has determined
that the tolerances on oat grain, oat straw, rye grain, and rye straw
should be increased to 0.3, 0.4, 0.3, and 0.3 ppm, respectively.
Therefore, EPA is increasing the tolerances in 40 CFR 180.182(a)(1) for
combined endosulfan residues of concern in or on oat, grain from 0.1 to
0.3 ppm; oat, straw from 0.2 to 0.4 ppm; rye, grain from 0.1 to 0.3
ppm; and rye, straw from 0.2 to 0.3 ppm. The Agency 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.
Available ruminant metabolism data indicate that combined
endosulfan residues of concern at 1.1x and 1.7x the maximum dietary
burden for beef and dairy cattle, respectively were detected at 0.78
ppm in milk, 12 ppm in fat, 0.85 ppm in kidney, 4.6 ppm in liver, and
2.0 ppm in muscle. The Agency determined that separate tolerances for
liver should be established and that the tolerances for meat byproducts
should be revised to meat byproducts, except liver and the appropriate
tolerances for fat, meat byproducts (except liver), liver, and meat of
cattle, goats, hogs, horses, and sheep should be increased to 13.0,
1.0, 5.0, and 2.0 ppm, respectively. Also, the Agency determined that
the tolerance for milk fat should be increased to 2.0 ppm. Therefore,
EPA is increasing the commodity tolerances in 40 CFR 180.182(a)(1) for
combined endosulfan residues of concern in or on cattle, fat; goat,
fat; hog, fat; horse, fat; and sheep, fat from 0.2 to 13.0 ppm; cattle,
meat byproducts, except liver; goat, meat byproducts, except liver;
hog, meat byproducts, except liver; horse, meat byproducts, except
liver; and sheep, meat byproducts, except liver, from 0.2 to 1.0 ppm;
cattle, meat; goat, meat; hog, meat; horse, meat; and sheep, meat from
0.2 to 2.0 ppm; milk, fat from 0.5 to 2.0 ppm; and establish tolerances
at 5.0 ppm for cattle, liver; goat, liver; hog, liver; horse, liver;
and sheep, liver. The Agency 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.
Based on available data on cantaloupes, cucumbers, and summer
squash that show combined endosulfan residues of concern as high as
0.76, 0.66, and 0.25 ppm, respectively, the Agency has determined that
the tolerances on melon, cucumber, and summer squash should be
decreased to 1.0 ppm. Also, the available data for melon, cucumber, and
summer squash may be translated to pumpkin and winter squash.
Therefore, EPA is combining the individual tolerances in 40 CFR
180.182(a)(1) on cucumber, melon, pumpkin, squash, summer; and squash,
winter into vegetable, cucurbit, group 9 and decreasing the tolerance
for combined endosulfan residues of concern from 2.0 to 1.0 ppm.
Based on available data on tomato that show combined endosulfan
residues of concern as high as 0.97 ppm, respectively, the Agency has
determined that the tolerance on tomato should be decreased to 1.0 ppm.
Also, the available data for tomato may be translated to eggplant.
Therefore, EPA is decreasing the tolerances in 40 CFR 180.182(a)(1) for
combined endosulfan residues of concern in or on eggplant from 2.0 to
1.0 ppm and tomato from 2.0 to 1.0 ppm.
Based on available data on sweet potatoes that show combined
endosulfan residues of concern are non-detectable (< 0.05 ppm), the
Agency has determined that the tolerance on sweet potato should be
decreased to 0.15 ppm. Therefore, EPA is decreasing the tolerance in 40
CFR 180.182(a)(1) for combined endosulfan residues of concern in or on
sweet potato, roots from 0.2 to 0.15 ppm.
Based on available data on apple that show combined endosulfan
residues of concern as high as 0.84 ppm, the Agency has determined that
the tolerance on apple should be decreased to 1.0 ppm. This level is
also compatible with CODEX Alimentarius Commission Maximum Residue
Limits (MRLs) for endosulfan residues on pome fruits. Therefore, EPA is
decreasing the tolerance in 40 CFR 180.182(a)(1) for combined
endosulfan residues of concern in or on apple from 2.0 to 1.0 ppm.
Apple processing data indicate that combined endosulfan residues of
concern concentrate by 6x in wet apple pomace. Based on the highest
average field trial (HAFT) combined residues of 0.77 ppm in or on
apples, combined residues as high as 4.62 ppm would be expected.
Therefore, EPA is establishing a tolerance in 40 CFR 180.182(a)(1) for
combined endosulfan residues of concern in or on apple, wet pomace at
5.0 ppm.
Based on available data on pineapple that show combined endosulfan
residues of concern as high as 0.5 ppm, the Agency has determined that
the tolerance on pineapple should be decreased to 1.0 ppm. Therefore,
EPA is decreasing the tolerance in 40 CFR 180.182(a)(1) for combined
endosulfan residues of concern in or on pineapple from 2.0 to 1.0 ppm.
Based on processing data that indicate combined endosulfan residues
of
[[Page 54427]]
concern concentrate 7x in peel and 41x in bran processed from whole
pineapple and a HAFT combined residues of 0.44 ppm for in or on
pineapple, residues as high as 18.04 ppm would be expected and the
Agency determined that a tolerance for pineapple process residue (also
known as wet bran) should be established at 20.0 ppm. Although, the RED
and Residue Chemistry Chapters have tables which inadvertently are
listed as 18 ppm; the text within the RED and Residue Chemistry Chapter
both state that 20.0 ppm is appropriate. Therefore, EPA is establishing
a tolerance in 40 CFR 180.182(a)(1) for combined endosulfan residues of
concern in or on pineapple, process residue at 20.0 ppm.
Based on available data on sweet corn that show combined endosulfan
residues of concern as high as 12.0 ppm in or on sweet corn forage and
13.92 ppm in or on sweet corn stover, the Agency has determined that
tolerances should be established at 12.0 and 14.0 ppm, respectively.
Therefore, EPA is establishing tolerances in 40 CFR 180.182(a)(1) for
combined endosulfan residues of concern in or on corn, sweet, forage at
12.0 ppm and corn, sweet, stover at 14.0 ppm.
Based on available data on cotton gin byproducts that show combined
endosulfan residues of concern as high as 27.5 ppm, the Agency has
determined that a tolerance on cotton gin byproducts should be
established at 30.0 ppm. Therefore, EPA is establishing a tolerance in
40 CFR 180.182(a)(1) for combined endosulfan residues of concern in or
on cotton, gin byproducts at 30.0 ppm.
Based on the translation of data from carrot and potato, the Agency
determined that a tolerance should be established for turnip roots at
0.2 ppm. Therefore, EPA is establishing a tolerance in 40 CFR
180.182(a)(1) for combined endosulfan residues of concern in or on
turnip, roots at 0.2 ppm.
EPA is revising commodity terminology in 40 CFR 180.182 to conform
to current Agency practice as follows: Cherry to cherry, sweet and
cherry, tart; pecans to pecan; filbert to hazelnut; and turnip, greens
to turnip, tops.
Some U.S. tolerances for endosulfan (such as on broccoli, cabbage,
celery, lettuce head, lettuce leaf, pineapple, the vegetable curcurbit
group, and wheat grain) may be incompatible with the CODEX MRLs because
of differences in registrations or good agricultural practices.
2. Fenarimol. Because dry apple pomace, grape pomace (wet and dry),
and raisin waste are no longer considered to be significant livestock
feed items, the tolerances are no longer needed. Therefore, EPA is
revoking the tolerances in 40 CFR 180.421(a)(1) for residues of the
fungicide fenarimol in or on apple, dry pomace; and in 40 CFR
180.421(a)(2) for residues of the fungicide fenarimol and its
metabolites in or on grape pomace (wet and dry) and grape, raisin,
waste.
Based on available grape processing data, the Agency determined
that combined residues of fenarimol and its metabolites marginally
concentrated in juice and raisins. However, calculations using the
anticipated residue for grape with the processing factors, show that
the anticipated combined residues for the grape processed commodities
(juice and raisin) are each less than the reassessed tolerance for
grape (0.1 ppm). The tolerances for grape juice at 0.6 ppm and raisins
at 0.6 ppm are no longer needed. Therefore, EPA is revoking the
tolerances in 40 CFR 180.421(a)(2) for residues of the fungicide
fenarimol and its metabolites in or on grape, juice and grape, raisin.
The Agency extrapolated data from a 28-day ruminant feeding study
of exaggerated dietary burdens to the 1x feeding rate, and examined the
expected impact of the average theoretical dietary burden from wet
apple pomace (calculated using Food and Drug Administration (FDA)
monitoring data for apples). Of the currently registered uses of
fenarimol, wet apple pomace is the only commodity considered a
livestock feed item. For cattle, goats, horses, and sheep, the Agency
concluded from monitoring, feeding, and metabolism data that expected
fenarimol residues in muscle, fat, and kidney are calculated to be less
than or near the enforcement method's limit of detection (0.003 ppm).
Therefore, the Agency determined that for muscle, fat, and kidney of
ruminants it is not possible to establish with certainty whether finite
residues will be incurred, but there is a reasonable expectation of
finite residues under 40 CFR 180.6(a)(2). For cattle, goats, horses,
and sheep, EPA reassessed meat, kidney, and fat tolerances at 0.01 ppm,
the method limit of quantitation. Therefore, EPA is decreasing the
tolerances in 40 CFR 180.421(a)(1) for residues of the fungicide
fenarimol in or on cattle, fat; cattle, kidney; goat, fat; goat,
kidney; horse, fat; horse, kidney; sheep, fat; and sheep, kidney; each
from 0.1 to 0.01 ppm, and maintaining the tolerances at 0.01 ppm for
cattle, meat; goat, meat; horse, meat; and sheep, meat.
Based on field trial data that show residues of fenarimol per se
were non-detectable (less than 0.002 ppm, the method limit of
detection) in pecan nut meat samples from six trials and in one trial
were detected at 0.02 ppm, the Agency determined that the tolerance
should be decreased from 0.1 to 0.02 ppm. Therefore, EPA is decreasing
the tolerance in 40 CFR 180.421(a)(1) for residues of fenarimol in or
on pecan from 0.1 to 0.02 ppm.
FDA monitoring data for apples during the period 1996-1999 showed
non-detectable (less than 0.003 ppm, the method limit of detection)
residues of fenarimol per se on apples. Based on the HAFT residue of
0.059 ppm for apples and a concentration factor of 3.7-fold for wet
pomace, the maximum expected residue in wet pomace is 0.22 ppm and the
Agency determined that a tolerance of 0.3 ppm on wet apple pomace is
appropriate. Therefore, EPA is decreasing the tolerance in 40 CFR
180.421(a)(1) for residues of fenarimol in or on apple, wet pomace from
2.0 to 0.3 ppm.
FDA monitoring data for grapes during the period 1996-1999 showed
non-detectable (less than 0.003 ppm, the method limit of detection)
residues of fenarimol per se on grapes. Based on field trial data that
indicate residues as high as 0.042 ppm for fenarimol and 0.073 for its
metabolites in or on grapes harvested after 30 days following the last
of 4 applications, the Agency determined that a tolerance of 0.1 ppm on
grapes is appropriate. However, since the August 2002 fenarimol TRED
the registrant, Gowan Company has requested that the Agency shorten the
pre-harvest interval (PHI) from 30 days to 21 days on grapes. Based on
the grape residue data submitted reflecting the 21 day PHI, the
decrease in the tolerance reflected in the August 2002 TRED is
appropriate at 0.1 ppm in or on grapes with a PHI of 21 days. However,
EPA concluded that residues be expressed as fenarimol parent only,
rather than the combined residues of fenarimol and its metabolites
because parent only would be an adequate indicator of misuse and would
harmonize with the CODEX MRLs. Therefore, EPA is decreasing the
tolerance for residues of fenarimol and its metabolites in or on grape
from 0.2 to 0.1 ppm.
Currently, a tolerance in 40 CFR 180.421(a)(2) for combined
residues of fenarimol and its metabolites in or on banana exists at 0.5
ppm where not more than 0.25 ppm shall be present in the pulp after
peel is removed. Fenarimol is presently not registered for use on
banana in the United States. Based on foreign field trial data that
indicate residues of fenarimol as high as 0.19 ppm and 0.075 ppm for
its
[[Page 54428]]
metabolites, the Agency determined that a tolerance of 0.25 ppm is
appropriate for whole banana. It is current Agency practice to
establish a tolerance on the whole commodity (including peel after
removing and discarding crown tissue and stalk). Therefore, EPA is
revising the tolerance commodity terminology in 40 CFR 180.421(a)(2)
from banana (Not more than 0.25 ppm shall be present in the pulp after
peel is removed) to banana and decreasing the tolerance from 0.5 to
0.25 ppm.
Currently, tolerances in 40 CFR 180.421(a)(1) are expressed in
terms of residues of fenarimol, while tolerances in 40 CFR
180.421(a)(2) are expressed in terms of combined residues of fenarimol
and specific metabolites (calculated as fenarimol). As stated in the
October 2001 Fenarimol Product and Residue Chemistry Chapter, EPA
concluded that for enforcement purposes, the tolerances for plant
commodities should be expressed in terms of parent only; i.e., residues
of fenarimol per se would be an adequate indicator of misuse. The
tolerances for banana, cherry, grape are currently regulated under 40
CFR 180.421(a)(2), which has been recodified to 40 CFR 180.421(a).
Also, in order to conform to Agency commodity terminology, the current
commodity term for cherry should be changed to cherry, sweet and
cherry, tart, both at 1.0 ppm. Therefore, EPA is reclassifying the
tolerances for residues of fenarimol and it metabolites in or on banana
at 0.25 ppm, cherry at 1.0 ppm, and grape at 0.1 ppm. EPA is combining
tolerances in 40 CFR 180.421(a)(2) with tolerances in 40 CFR
180.421(a)(1) to create a single paragraph, 40 CFR 180.421(a), for
residues of fenarimol. Also, EPA is revising the tolerance in 40 CFR
180.421(a) for residues of fenarimol in/on cherry to ``cherry, sweet''
and ``cherry, tart'' at 1.0 ppm.
Some U.S. tolerances for fenarimol (such as on banana, cattle
kidney, grape, and wheat grain) and the CODEX MRLs may be incompatible
because of differences in registrations or good agricultural practices.
Since the Agency's proposed rule of April 26, 2006, EPA published a
final rule in the Federal Register on June 7, 2006 (71 FR 32841) (FRL-
8061-4) as a follow-up to a notice of filing of a pesticide petition
published on August 31, 2005 (70 FR 51802) (FRL-7733-1). The final rule
of June 7, 2006, established a tolerance for fenarimol in 40 CFR
180.421 on filbert at 0.02 ppm, which is reflected in the regulatory
text of this document, as ``hazelnut,'' the current commodity
terminology.
3. Imazalil. Tolerances for residues in livestock commodities are
currently expressed as the combined residues of imazalil, 1-[2-(2,4-
dichlorophenyl)-2-(2-propenyloxy)ethyl]-1H-imidazole, and its
metabolites, 1-(2,4-dichlorophenyl)-2-(1H-imidazole-1-yl)-1-ethanol and
3-[1-(2,4-dichlorophenyl)-2-(1H-imidazole-1-yl)ethoxyl]-1,2-propane
diol. EPA has found that any metabolite containing the 2,4-
dichlorophenyl moiety is of toxicological concern and must be included
in the tolerance expression along with the parent compound imazalil. In
order to account for the 2,4-dichlorophenyl group moiety toxicological
concerns, the total toxic residues for imazalil will be adjusted using
the ratios of imazalil and the marker metabolites (FK772 and FK284)
that were found to account for a high percentage of the total toxic
residues in the livestock metabolism studies rather than the currently
regulated metabolites. Metabolites (FK772 and FK284), with their parent
compound, should serve as marker compounds which should be used to
determine residue values for the dietary risk assessment. Therefore,
EPA is revising the tolerance expression for livestock commodities for
imazalil in 40 CFR 180.413 (a)(2) to regulate imazalil, 3-[2-(2,4-
dichlorophenyl)-2-(2,3-dihydroxypropoxy)ethyl]-2,4-imidazolidinedione
(FK772), and 3-[2-(2,4-dichlorophenyl)-2-(hydroxy)]-2,4-
imidazolidinedione (FK284).
Because a tolerance exists for combined imazalil residues of
concern on whole banana at 3.0 ppm and whole bananas are defined as the
peel and the pulp after discarding the crown tissue and stalk, the
tolerance on banana pulp at 0.2 ppm is no longer necessary. Therefore,
the Agency is revoking the tolerance in 40 CFR 180.413(a)(1) for the
combined imazalil residues of concern in or on banana, pulp and
revising the tolerance commodity terminology from banana (whole) to
banana.
Because dried citrus is no longer considered to be a significant
feed item for hogs, and because there are no other hog feeding
commodities associated with existing imazalil tolerances, there is no
reasonable expectation of finite residues of imazalil in hog tissues.
Therefore, the Agency believes that tolerances on hog fat, hog liver,
hog meat, and hog meat byproduct are no longer needed. Hence, the EPA
is revoking, in 40 CFR 180.413(a)(2), tolerances for combined imazalil
residues of concern in or on the following: Hog, fat; hog, liver; hog,
meat; and hog, meat byproducts.
In the tolerance summary table for both the imazalil TRED and
Residue Chemistry Chapter, the recommendation to revoke horse fat was
an inadvertent entry. There is no basis for revocation of horse fat
listed in either document. Consequently, the Agency has revised the
Imazalil Residue Chemistry Chapter accordingly and the horse, fat
tolerance in 40 CFR 180.413(a)(2) will be maintained.
Cattle feeding data show that combined imazalil residues of concern
ranged as high as just slightly greater than 0.05 ppm in milk at an
exaggerated 5x feeding level, and therefore, the tolerance for milk
should be increased from 0.01 to 0.02 ppm. Consequently, EPA is
increasing the tolerance in 40 CFR 180.413(a)(2) for combined imazalil
residues of concern in milk to 0.02 ppm. The Agency determined that the
increased tolerance is safe; i.e., there is a reasonable certainty that
no harm will result from aggregate exposure to the pesticide chemical
residue.
Also, the cattle feeding data show that combined imazalil residues
of concern ranged as high as 14.7 ppm in liver at an exaggerated 70x
feeding level, and therefore, the liver tolerances of cattle, goats,
horse, and sheep should be decreased from 0.5 to 0.2 ppm. In addition,
because exaggerated feeding data show combined imazalil regulated
residues were highest in liver and 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, tolerances for
the meat byproducts of cattle, goats, horses, and sheep should each be
increased from 0.01 to 0.2 ppm. Therefore, EPA is increasing the
tolerances in 40 CFR 180.413(a)(2) for cattle, meat byproducts; goat,
meat byproducts; horse, meat byproducts; and sheep, meat byproducts
from 0.01 to 0.2 ppm. The Agency 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.
However, because increasing these meat byproduct tolerances to 0.2 ppm
would cover their respective animal liver commodities, separate
tolerances at 0.2 ppm in 40 CFR 180.413(a)(2) for cattle, liver; goat,
liver; horse, liver; and sheep, liver are not needed. Therefore, EPA is
removing tolerances in 40 CFR 180.413(a)(2) for cattle, liver; goat,
liver; horse, liver; and sheep, liver rather than modifying them
because these commodities would be covered.
Based on grain data that indicate the regulated residues of
imazalil in or on barley grain and wheat grain are above the limit of
quantitation (LOQ) of 0.08 ppm, the Agency determined to increase the
tolerances for barley grain and wheat grain, each to 0.1 ppm.
Therefore, the Agency is increasing, in 40 CFR
[[Page 54429]]
180.413(a)(1), tolerances for residues of imazalil in or on barley,
grain and wheat, grain. from 0.05 to 0.1 ppm. The Agency 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.
Based on residue data that indicate levels of imazalil and its
metabolite in citrus oil as high as 187 ppm, the Agency determined that
a tolerance of 200 ppm is warranted for citrus oil. Citrus oils are not
considered ready-to-eat and are used primarily as a minor ingredient in
chewing gums, baked goods, gelatins, and puddings. The dilution factor
for citrus oil (238x) in its conversion to ready-to-eat form exceeds
the average concentration factor (28x based on oranges) from the raw
agricultural commodity (RAC) to the oil by a factor of 8.5. As
consumed, the concentration of imazalil and its metabolite, expressed
as imazalil equivalents, are expected to be less than the concentration
in the RAC (whole fruit). Therefore, EPA is increasing the tolerance in
40 CFR 180.413(a)(1), for residues of imazalil in citrus oil from 25.0
to 200.0 ppm. The Agency determined that the increased tolerance is
safe; i.e., there is a reasonable certainty that no harm will result
from aggregate exposure to the pesticide chemical residue.
Because the Agency now considers barley hay and wheat hay to be
RACs, tolerances are warranted. Based on residue data for forage and
straw of barley and wheat that indicate residues of concern as high as
0.12 ppm for spring barley straw and 0.24 ppm for winter wheat straw
(each after a 2x correction factor for storage stability), and by
translating available data for barley forage and straw to barley hay
and available data for wheat forage and straw to wheat hay, EPA
determined that tolerances on hay should be established at 0.5 ppm.
Therefore, EPA is establishing separate tolerances in 40 CFR
180.413(a)(1) for residues of imazalil in or on barley, hay and wheat,
hay at 0.5 ppm each.
4. Oryzalin. In order to conform to current Agency practice, EPA is
revising the commodity terminology in 40 CFR 180.304(a) for small fruit
at 0.05 ppm into individual tolerances for berry, group 13; cranberry;
grape; and strawberry; each at 0.05 ppm. Also, EPA is revising
commodity terminology to conform to current Agency practice as follows:
Fruit, citrus to fruit, citrus, group 10; fruit, pome to fruit, pome,
group 11; and fruit, stone to fruit, stone, group 12.
In addition, in order to conform to current Agency practice, EPA is
recodifying the regional tolerances for guava and papaya from 40 CFR
180.304(b) to (c), and establishing and reserving sections for
emergency exemptions in 40 CFR 180.304(b) and indirect or inadvertent
residues in 40 CFR 180.304(d).
5. Sodium acifluorfen. Tolerances for sodium acifluorfen are
currently expressed as the combined residues of the herbicide sodium
salt of acifluorfen (sodium 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-
nitrobenzoic acid) and its metabolites (the corresponding acid, methyl
ester, and amino analogues). Typically, the salt form of an acid is
expressed with the suffix ``ate,'' and therefore a salt of nitrobenzoic
acid should be termed a nitrobenzoate. While the tolerance expression
for sodium acifluorfen in 40 CFR 180.383 is appropriate, EPA is
revising only the name of the sodium salt of acifluorfen in the
tolerance expression from sodium 5-[2-chloro-4-
(trifluoromethyl)phenoxy]-2-nitrobenzoic acid to sodium 5-[2-chloro-4-
(trifluoromethyl)phenoxy]-2-nitrobenzoate.
Based on field trial data that indicate residues of sodium
acifluorfen in or on rice straw as high as 0.124 ppm, the Agency
determined that the tolerance for rice, straw should be increased to
0.2 ppm. Therefore, EPA is increasing the tolerance for rice, straw in
40 CFR 180.383 from 0.1 to 0.2 ppm. The Agency determined that the
increased tolerance is safe; i.e., there is a reasonable certainty that
no harm will result from aggregate exposure to the pesticide chemical
residue.
In order to conform to current Agency practice in 40 CFR 180.383,
EPA is revising commodity terminology for soybean to soybean, seed.
Comment. A comment was received by the Agency from Steve
McMaster of Dow AgroSciences (DAS) pertaining to the chemical
trifluralin. The Agency proposed revocation of the tolerance for the
commodity mung bean sprouts because there are no active registrations
for the commodity. DAS pointed out that there is an active registration
for mung bean sprouts on a supplemental label for a triflualin product.
DAS also asks that the Agency review residue chemistry data that was
submitted in November 1998 and January 2005 in support of the mung bean
tolerance. They would like to maintain the tolerance for bean, mung,
sprouts at 2.0 ppm.
Agency Response. Because there is an active registration
for mung bean sprouts, EPA re-evaluated and reassessed the safety of
trifluralin, taking into account the mung bean sprout tolerance. With
the addition of the mung bean sprout tolerance, EPA has determined that
tolerances for trifluralin remain safe.
6. Trifluralin. Because there have been no active registered uses
for trifluralin on upland cress since 1989, and therefore the
tolerances are no longer needed, EPA is revoking the tolerances in 40
CFR 180.207 for residues of trifluralin in or on cress, upland.
Because adequate residue data exists for field corn grain and data
may be bridged from wheat and sorghum processing studies to barley,
sorghum, and wheat, the Agency has determined that the commodity group
for grain, crops, except corn, sweet and rice is inappropriate and
should be revoked concomitant with the establishment of individual
tolerances for barley grain and sorghum grain. No active registrations
have existed on oats since cancellation of a soil treatment for oats in
May 2001, and therefore an oat grain tolerance is not needed. Separate
tolerances already exist for corn and wheat grain. Based on translating
available residue data from wheat and sorghum processing studies which
showed that trifluralin residues were non-detectable (< 0.01 ppm) in or
on wheat grain and sorghum grain, the Agency determined that the
tolerances for barley grain and sorghum grain should each be
established at 0.05 ppm (the enforcement method LOQ). Therefore, EPA is
revoking the group tolerance in 40 CFR 180.207 for grain, crop, except
corn, sweet and rice grain at 0.05 ppm and establishing individual
tolerances for barley, grain and sorghum, grain, grain each at 0.05
ppm.
In order to conform to current Agency practice, the obsolete
commodity definition for legume, forage should be revised to vegetable,
foliage of legume, group 7 and alfalfa, forage. Based on field residue
data that indicate residues of trifluralin as high as 2.2 ppm on
alfalfa forage, the Agency determined that the appropriate tolerance
should be increased from 0.05 to 3.0 ppm. Therefore, EPA is revising
the commodity tolerance for legume, forage in 40 CFR 180.207 at 0.05
ppm into vegetable, foliage of legume, group 7 at 0.05 ppm and an
individual tolerance for alfalfa, forage, increasing the tolerance for
alfalfa, forage from 0.05 to 3.0 ppm. The Agency determined that the
increased tolerance is safe; i.e., there is a reasonable certainty that
no harm will result from aggregate exposure to the pesticide chemical
residue.
[[Page 54430]]
Because celery data will be translated to endive, and because
residue data are not available on all of the representative commodities
from crop group 4, the Agency determined that the commodity group for
vegetable, leafy should be revised to vegetable, leaves of root and
tuber, group 2 and vegetable, brassica, leafy group 5 with separate
tolerances for celery and endive. Therefore, EPA is removing the
commodity group in 40 CFR 180.207 for vegetable, leafy, except brassica
and replacing it with separate tolerances for celery; endive;
vegetable, leaves of root and tuber, group 2; and vegetable, brassica,
leafy group 5 at 0.05 ppm.
In order to conform to current Agency practice, the obsolete
commodity definition for vegetables, root (exc. carrots) should be
revised to vegetable, root and tuber, group 1, except carrot and
vegetable, bulb, group 3. Based on available trifluralin residue data
for the representative commodities from each group (residues on
radishes as high as 0.026 ppm; residues on green onions as high as
0.016 ppm), EPA determined that a tolerance of 0.05 ppm is appropriate
for each group. Therefore, EPA is revising the commodity tolerance for
vegetable, root (exc. carrot) in 40 CFR 180.207 at 0.05 ppm to
vegetable, root and tuber, group 1, except carrot and vegetable, bulb,
group 3, each at 0.05 ppm.
In addition, the commodity group, ``vegetable, seed and pod,'' is
obsolete. The commodity term has been revised to ``vegetable, legume
group 6.'' Because of this terminology change, a separate tolerance is
being established for okra which is not included in the newly revised
``vegetable, crop group 6.'' Based on the available data for okra and
selected members of crop group 6, a tolerance of 0.05 ppm would be
appropriate for each. Therefore, EPA is revising the commodity
tolerance in 40 CFR 180.207 for vegetables, seed and pod at 0.05 ppm to
vegetable, legume, group 6 and okra each at 0.05 ppm.
Based on data that indicate residues of trifluralin in or on
alfalfa hay as high as 1.6 ppm, the Agency determined that the alfalfa
hay tolerance should be increased to 2.0 ppm. Therefore, EPA is
increasing the tolerance in 40 CFR 180.207 for residues of trifluralin
in or on alfalfa, hay from 0.2 to 2.0 ppm. The Agency determined that
the increased tolerance is safe; i.e., there is a reasonable certainty
that no harm will result from aggregate exposure to the pesticide
chemical residue.
Based on data that indicate residues of trifluralin in or on peanut
hay as high as 0.014 ppm, the Agency determined that a tolerance should
be established for peanut hay at 0.05 ppm. Therefore, EPA is
establishing a tolerance in 40 CFR 180.207 for residues of trifluralin
in or on peanut, hay at 0.05 ppm.
The available mustard seed data indicate residues of concern are
non-detectable (< 0.01 ppm). Tree nut field trial data and weight of
evidence for trifluralin residues in tree nut indicate residues of
trifluralin are non-detectable (< 0.01 ppm) in almond hulls. Based on
these data supporting each commodity, the Agency determined that
tolerances should be established for mustard seed and almond hulls each
at 0.05 ppm, the enforcement method LOQ. Therefore, EPA is establishing
tolerances in 40 CFR 180.207 for residues of trifluralin in or on
mustard, seed and almond, hulls each at 0.05 ppm.
Available data show that residues of trifluralin in or on cotton
gin byproducts are warranted at 0.05 ppm. Therefore, EPA is
establishing a tolerance in 40 CFR 180.207 for residues of trifluralin
in or on cotton, gin byproducts at 0.05 ppm.
EPA is revising commodity terminology in 40 CFR 180.207 to conform
to current Agency practice as follows: Hop to hop, dried cones; and
sorghum, forage to sorghum, grain, forage.
i. Comment. A comment was received by the Agency from VJP
Consulting, Inc., on behalf of the Ziram Task Force (ZTF). The comment
states that the crop commodity quince may be a commodity of interest in
the future, and VJP Consulting, Inc., asks that the tolerance for ziram
residues in/on quince not be revoked, as proposed. ZTF requested that
residue data for apples and pears could support the quince tolerance.
ii. Comment. A comment was also received from VJP Consulting, Inc.,
on behalf of Taminco, a member of the ZTF consortium. Taminco has
requested that the tolerances for residues of ziram in/on onion and
melon not be revoked. The commenter stated that ziram is registered and
used on these crops outside the United States, and import tolerances
are needed.
Agency Response. The Agency is not addressing tolerances
for quince, onion, and melon in this final rule, but will address the
tolerances in a future Federal Register document.
7. Ziram. Because the associated commodity registrations have not
been active since 1991 and the tolerances are no longer needed, EPA is
revoking, in 40 CFR 180.116, tolerances for residues of ziram in or on
the following: Broccoli; brussel sprouts; carrot, roots; collards;
gooseberry; kale; kohlrabi; lettuce; loganberry; peanut; pea; radish,
roots; radish, tops; raspberry; rutabaga, roots; rutabaga, tops;
spinach; turnip, greens; and turnip, roots.
Because registrations for the ziram use on eggplant and the use on
pepper have not been active since 1994, and the tolerances are no
longer needed, EPA is revoking, in 40 CFR 180.116, tolerances for
residues of ziram in or on the following: Eggplant and pepper.
Because registrations for ziram use on bean, celery, cranberry,
cucumber, pumpkin, and squash have not been active since 1995, and the
tolerances are no longer needed, EPA is revoking, in 40 CFR 180.116,
tolerances for residues of ziram in or on the following: Bean, celery,
cranberry, cucumber, pumpkin, squash, and squash, summer.
The last U.S. registration for beet, garden, roots; beet, garden,
tops; cabbage; and cauliflower was cancelled due to non-payment of the
year 2005 maintenance fee as announced in a Federal Register notice
published on August 3, 2005 (70 FR 44637) (FRL-7726-4). The Agency
permitted the sale and distribution of existing stocks until January
15, 2006. The Agency believes that there is sufficient time for end
users to exhaust those existing stocks and treated commodities to clear
the channels of trade by January 15, 2007. Therefore, EPA is revoking
the tolerances in 40 CFR 180.116 for ziram residues in or on beet,
garden, roots; beet, garden, tops; cabbage; and cauliflower; each with
an expiration/revocation date of January 15, 2007.
Active ziram registrations currently exist for blackberry. However,
ziram tolerances at 7.0 ppm on boysenberry, dewberry, and youngberry
are no longer needed because their uses are covered by the existing
tolerance at 7.0 ppm on blackberry. Therefore, EPA is revoking the
tolerances in 40 CFR 180.116 for boysenberry, dewberry, and youngberry.
In accordance with 40 CFR 180.1(h) which indicates that the
tolerance for peach also covers the use in or on nectarines, the
tolerance on nectarine is no longer needed. Therefore, EPA is removing
the tolerance in 40 CFR 180.116 for residues of ziram in or on
nectarine.
Also, while the ziram RED recommends revocation for the tolerance
on strawberry, active registrations associated with the commodity use
currently exist, and therefore the tolerance will not be proposed for
revocation at this time. The Agency intends to follow up with the
registrants and expects to propose revocation in a future Federal
Register document.
In order to conform to current Agency practice in 40 CFR 180.116,
EPA is revising the commodity terminology
[[Page 54431]]
cherries to cherry, sweet, and cherry, tart.
The Agency will address other tolerance actions for ziram in a
future Federal Register document.
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
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 to 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 endosulfan, imazalil, sodium
acifluorfen, and ziram, and TREDs for oryzalin and trifluralin. The
imazalil RED was completed after its TRED, and fenarimol had no RED
because it was registered after November 1, 1984, and not subject to
reregistration. Also, EPA issued a RED prior to FQPA for oryzalin and
trifluralin and made a safety finding which reassessed their 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 database 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 do not need such assessment when 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
RACs, 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 (c)).
C. When Do These Actions Become Effective?
With the exception of certain tolerances for ziram for which EPA is
revoking certain tolerances with specific expiration/revocation dates,
the Agency is revoking, modifying, establishing tolerances, and
revising specific commodity terminologies effective on the date of
publication of this final rule in the Federal Register. With the
exception of ziram, the Agency believes that existing stocks of
pesticide products labeled for the uses associated with the revoked
tolerances have been completely exhausted and that treated commodities
have cleared the channels of trade. EPA is revoking certain ziram
tolerances with an expiration/revocation date of January 15, 2007. The
Agency believes that this revocation date allows users to exhaust
stocks and allows sufficient time for passage of treated commodities
through the channels of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to 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 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 FDA 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.
III. Are There Any International Trade Issues Raised by this Final
Action?
EPA considers CODEX 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. 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, & 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 final rule EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes specific
[[Page 54432]]
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 final 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 for 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 ``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 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 8, 2006.
James J. Jones,
Director, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I 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.
0
2. Section 180.116 is amended by revising the table in paragraph (a) to
read as follows:
Sec. 180.116 Ziram; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per Revocation
million Date
------------------------------------------------------------------------
Almond........................................ 0.1 \1\ None
Apple......................................... 7.0 \1\ None
[[Page 54433]]
Apricot....................................... 7.0 \1\ None
Beet, garden, roots........................... 7.0 \1\ 1/15/07
Beet, garden, tops............................ 7.0 \1\ 1/15/07
Blackberry.................................... 7.0 \1\ None
Blueberry..................................... 7.0 \1\ None
Cabbage....................................... 7.0 1/15/07
Cauliflower................................... 7.0 1/15/07
Cherry, sweet................................. 7.0 \1\ None
Cherry, tart.................................. 7.0 \1\ None
Grape......................................... 7.0 None
Huckleberry................................... 7.0 None
Melon......................................... 7.0 None
Onion......................................... 7.0 None
Peach......................................... 7.0 None
Pear.......................................... 7.0 \1\ None
Pecan......................................... 0.1 None
Quince........................................ 7.0 \1\ None
Strawberry.................................... 7.0 None
Tomato........................................ 7.0 \1\ None
------------------------------------------------------------------------
\1\ See footnote to Sec. 180.114.
0
3. Section 180.182 is amended by revising paragraph (a) to read as
follows:
Sec. 180.182 Endosulfan; tolerances for residues.
(a) General. (1) Tolerances are established for the combined
residues of the insecticide endosulfan, 6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3-oxide
(alpha and beta isomers), and its metabolite endosulfan sulfate,
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-
benzodioxathiepin-3,3-dioxide, in or on the following food commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Alfalfa, fresh....................................... 0.3
Alfalfa, hay......................................... 1.0
Almond............................................... 0.3
Almond, hulls........................................ 1.0
Apple................................................ 1.0
Apple, wet pomace.................................... 5.0
Apricot.............................................. 2.0
Barley, grain........................................ 0.3
Barley, straw........................................ 0.4
Bean................................................. 2.0
Blueberry............................................ 0.3
Broccoli............................................. 3.0
Brussels sprouts..................................... 2.0
Cabbage.............................................. 4.0
Carrot, roots........................................ 0.2
Cattle, fat.......................................... 13.0
Cattle, liver........................................ 5.0
Cattle, meat......................................... 2.0
Cattle, meat byproducts, except liver................ 1.0
Cauliflower.......................................... 2.0
Celery............................................... 8.0
Cherry, sweet........................................ 2.0
Cherry, tart......................................... 2.0
Collards............................................. 2.0
Corn, sweet, forage.................................. 12.0
Corn, sweet, kernel plus cob with husks removed...... 0.2
Corn, sweet, stover.................................. 14.0
Cotton, gin byproducts............................... 30.0
Cotton, undelinted seed.............................. 1.0
Eggplant............................................. 1.0
Goat, fat............................................ 13.0
Goat, liver.......................................... 5.0
Goat, meat........................................... 2.0
Goat, meat byproducts, except liver.................. 1.0
Grape................................................ 2.0
Hazelnut............................................. 0.2
Hog, fat............................................. 13.0
Hog, liver........................................... 5.0
Hog, meat............................................ 2.0
Hog, meat byproducts, except liver................... 1.0
Horse, fat........................................... 13.0
Horse, liver......................................... 5.0
Horse, meat.......................................... 2.0
Horse, meat byproducts, except liver................. 1.0
Kale................................................. 2.0
Lettuce, head........................................ 11.0
Lettuce, leaf........................................ 6.0
Milk, fat............................................ 2.0
Mustard greens....................................... 2.0
Mustard, seed........................................ 0.2
Nectarine............................................ 2.0
Nut, macadamia....................................... 0.2
Oat, grain........................................... 0.3
Oat, straw........................................... 0.4
Pea, succulent....................................... 2.0
Peach................................................ 2.0
Pear................................................. 2.0
Pecan................................................ 0.2
Pepper............................................... 2.0
Pineapple............................................ 1.0
Pineapple, process residue........................... 20.0
Plum................................................. 2.0
Plum, prune.......................................... 2.0
Potato............................................... 0.2
Rapeseed, seed....................................... 0.2
Rye, grain........................................... 0.3
Rye, straw........................................... 0.3
Sheep, fat........................................... 13.0
Sheep, liver......................................... 5.0
Sheep, meat.......................................... 2.0
Sheep, meat byproducts, except liver................. 1.0
Spinach.............................................. 2.0
Strawberry........................................... 2.0
Sugarcane, cane...................................... 0.5
Sweet potato, roots.................................. 0.15
Tomato............................................... 1.0
Turnip, roots........................................ 0.2
Turnip, tops......................................... 2.0
Vegetable, cucurbit, group 9......................... 1.0
Walnut............................................... 0.2
Watercress........................................... 2.0
Wheat, grain......................................... 0.3
Wheat, straw......................................... 0.4
------------------------------------------------------------------------
(2) A tolerances of 24 parts per million (ppm) is established for
the combined residues of the insecticide endosulfan, 6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-
3-oxide (alpha and beta isomers), and its metabolite endosulfan
sulfate, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-
2,4,3-benzodioxathiepin-3,3-dioxide, in or on dried tea (reflecting
less than 0.1 ppm residues in beverage tea) resulting from application
of the insecticide to growing tea.
* * * * *
0
4. Section 180.207 is amended by revising paragraph (a) to read as
follows:
Sec. 180.207 Trifluralin; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide and plant growth regulator trifluralin, alpha, alpha, alpha-
trifluoro-2,6-dinitro-N,N-dipropyl-p-toluidine, in or on the following
raw agricultural commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Alfalfa, forage...................................... 3.0
Alfalfa, hay......................................... 2.0
Almond, hulls........................................ 0.05
Asparagus............................................ 0.05
Barley, grain........................................ 0.05
Barley, hay.......................................... 0.05
Barley, straw........................................ 0.05
Bean, mung, sprouts.................................. 2.0
Carrot, roots........................................ 1.0
Celery............................................... 0.05
Corn, field, forage.................................. 0.05
Corn, field, grain................................... 0.05
Corn, field, stover.................................. 0.05
Cotton, gin byproducts............................... 0.05
Cotton, undelinted seed.............................. 0.05
Endive............................................... 0.05
Flax, seed........................................... 0.05
Fruit, citrus, group 10.............................. 0.05
Fruit, stone, group 12............................... 0.05
Grape................................................ 0.05
Hop, dried cones..................................... 0.05
Mustard, seed........................................ 0.05
Nut, tree, group 14.................................. 0.05
Okra................................................. 0.05
Peanut............................................... 0.05
Peanut, hay.......................................... 0.05
Peppermint oil....................................... 2.0
Peppermint, tops..................................... 0.05
Rapeseed, seed....................................... 0.05
Safflower, seed...................................... 0.05
Sorghum, grain, forage............................... 0.05
Sorghum, grain, grain................................ 0.05
Sorghum, grain, stover............................... 0.05
Spearmint oil........................................ 2.0
Spearmint, tops...................................... 0.05
Sugarcane, cane...................................... 0.05
Sunflower, seed...................................... 0.05
Vegetable, brassica, leafy group 5................... 0.05
Vegetable, bulb, group 3............................. 0.05
Vegetable, cucurbit, group 9......................... 0.05
Vegetable, foliage of legume, group 7................ 0.05
Vegetable, fruiting, group 8......................... 0.05
Vegetable, leaves of root and tuber, group 2......... 0.05
Vegetable, legume, group 6........................... 0.05
[[Page 54434]]
Vegetable, root and tuber, group 1, except carrot.... 0.05
Wheat, grain......................................... 0.05
Wheat, straw......................................... 0.05
------------------------------------------------------------------------
* * * * *
0
5. Section 180.304 is revised to read as follows:
Sec. 180.304 Oryzalin; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide oryzalin, 3,5-dinitro-N4,N4-
dipropylsulfanilamide, in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Almond, hulls........................................ 0.05
Avocado.............................................. 0.05
Berry, group 13...................................... 0.05
Cranberry............................................ 0.05
Fig.................................................. 0.05
Fruit, citrus, group 10.............................. 0.05
Fruit, pome, group 11................................ 0.05
Fruit, stone, group 12............................... 0.05
Grape................................................ 0.05
Kiwifruit............................................ 0.05
Nut, tree, group 14.................................. 0.05
Olive................................................ 0.05
Pistachio............................................ 0.05
Pomegranate.......................................... 0.05
Strawberry........................................... 0.05
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. Tolerances with
regional registration, as defined in Sec. 180.1(n), are established
for residues of oryzalin, 3,5-dinitro-N4,N4-
dipropylsulfanilamide, in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Guava................................................ 0.05
Papaya............................................... 0.05
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. [Reserved]
0
6. Section 180.383 is amended by revising paragraph (a) to read as
follows:
Sec. 180.383 Sodium salt of acifluorfen; tolerances for residues.
(a) General. Tolerances are established for combined residues of
the herbicide sodium salt of acifluorfen, sodium 5-[2-chloro-4-
(trifluoromethyl)phenoxy]-2-nitrobenzoate, and its metabolites (the
corresponding acid, methyl ester, and amino analogues) in or on the
following raw agricultural commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Peanut............................................... 0.1
Rice, grain.......................................... 0.1
Rice, straw.......................................... 0.2
Soybean, seed........................................ 0.1
Strawberry........................................... 0.05
------------------------------------------------------------------------
* * * * *
0
7. Section 180.413 is amended by revising paragraph (a) to read as
follows:
Sec. 180.413 Imazalil; tolerances for residues.
(a) General. (1) Tolerances are established for the combined
residues of the fungicide imazalil, 1-[2-(2,4-dichlorophenyl)-2-(2-
propenyloxy)ethyl]-1H-imidazole, and its metabolite, 1-(2,4-
dichlorophenyl)-2-(1H-imidazole-1-yl)-1-ethanol, in or on the following
food commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Banana............................................... 3.0
Barley, grain........................................ 0.1
Barley, hay.......................................... 0.5
Barley, straw........................................ 0.5
Citrus, dried pulp................................... 25.0
Citrus, oil.......................................... 200.0
Fruit, citrus, postharvest........................... 10.0
Wheat, forage........................................ 0.5
Wheat, grain......................................... 0.1
Wheat, hay........................................... 0.5
Wheat, straw......................................... 0.5
------------------------------------------------------------------------
(2) Tolerances are established for the combined residues of the
fungicide imazalil, 1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-
1H-imidazole, and its metabolites, 3-[2-(2,4-dichlorophenyl)-2-(2,3-
dihydroxypropoxy)ethyl]-2,4-imidazolidinedione (FK772) and 3-[2-(2,4-
dichlorophenyl)-2-(hydroxy)]-2,4-imidazolidinedione (FK284), in or on
the following food commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Cattle, fat.......................................... 0.01
Cattle, meat......................................... 0.01
Cattle, meat byproducts.............................. 0.2
Goat, fat............................................ 0.01
Goat, meat........................................... 0.01
Goat, meat byproducts................................ 0.2
Horse, fat........................................... 0.01
Horse, meat.......................................... 0.01
Horse, meat byproducts............................... 0.2
Milk................................................. 0.02
Sheep, fat........................................... 0.01
Sheep, meat.......................................... 0.01
Sheep, meat byproducts............................... 0.2
------------------------------------------------------------------------
* * * * *
0
8. Section 180.421 is amended by revising paragraph (a) to read as
follows:
Sec. 180.421 Fenarimol; tolerances for residues.
(a) General. Tolerances are established for residues of the
fungicide fenarimol, alpha-(2-chlorophenyl)-alpha-(4-chlorophenyl)-5-
pyrimidinemethanol, in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Apple................................................ 0.1
Apple, wet pomace.................................... 0.3
Banana............................................... 0.25
Cattle, fat.......................................... 0.01
Cattle, kidney....................................... 0.01
Cattle, meat......................................... 0.01
Cattle, meat byproducts, except kidney............... 0.05
Cherry, sweet........................................ 1.0
Cherry, tart......................................... 1.0
Goat, fat............................................ 0.01
Goat, kidney......................................... 0.01
Goat, meat........................................... 0.01
Goat, meat byproducts, except kidney................. 0.05
Grape................................................ 0.1.
Hazelnut............................................. 0.02
Horse, fat........................................... 0.01
Horse, kidney........................................ 0.01
Horse, meat.......................................... 0.01
Horse, meat byproducts, except kidney................ 0.05
Pear................................................. 0.1
Pecan................................................ 0.02
Sheep, fat........................................... 0.01
Sheep, kidney........................................ 0.01
Sheep, meat.......................................... 0.01
Sheep, meat byproducts, except kidney................ 0.05
------------------------------------------------------------------------
[FR Doc. E6-15258 Filed 9-14-06; 8:45 am]
BILLING CODE 6560-50-S