FR Doc E7-18508

[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Rules and Regulations]
[Page 53449-53455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se07-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0187; FRL-8147-5]

Amitraz, Atrazine, Ethephon, Ferbam, Lindane, Propachlor, and
Simazine; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the insecticides
amitraz and lindane; the herbicides atrazine, propachlor, and simazine;
the plant growth regulator ethephon; and the fungicide ferbam. Also,
EPA is modifying certain tolerances for the herbicide atrazine,
propachlor, and simazine; the insecticide amitraz; the plant growth
regulator ethephon; and the fungicide ferbam. In addition, EPA is
establishing new tolerances for the herbicide atrazine and the plant
growth regulator ethephon. The regulatory actions finalized in this
document are in follow-up to the Agency's reregistration program under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and
tolerance reassessment program under the Federal Food, Drug, and
Cosmetic Act (FFDCA) section 408(q).

DATES: This regulation is effective September 19, 2007. Objections and
requests for hearings must be received on or before November 19, 2007,
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-2007-0187. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. 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 athttp://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: 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 code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed underFOR FURTHER INFORMATION CONTACT.

[[Page 53450]]

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 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-
2007-0187 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 19, 2007.
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-2007-0187, 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 June 13, 2007 (72 FR 32570) (FRL-8133-
3), EPA issued a proposal to revoke, modify, and establish specific
tolerances for residues of the fungicide ferbam; the herbicides
atrazine, propachlor, and simazine; the insecticides amitraz and
lindane, and the plant growth regulator ethephon. Also, the proposal of
June 13, 2007, provided a 60-day comment period which invited public
comment for consideration and for support of tolerance retention under
FFDCA standards.
In this final rule, EPA is revoking, modifying, and establishing
specific tolerances for residues of the fungicide ferbam; the
herbicides atrazine, propachlor, and simazine; the insecticides amitraz
and lindane, and the plant growth regulator ethephon 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 tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of FFDCA. The safety finding determination of ``reasonable
certainty of no harm'' is discussed 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 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 copies of many
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 at 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
at http://www.ntis.gov Electronic copies of REDs and TREDs are available on the Internet at http://www.regulations.gov. and http://

http://www.epa.gov/pesticides/reregistration/status.htm.

In this final rule, EPA is revoking certain tolerances and/or
tolerance exemptions because either they are no longer needed or are
associated with food uses that are no longer registered under FIFRA in
the United States. Those instances where registrations were canceled
were because the registrant failed to pay the required maintenance fee
and/or the registrant voluntarily requested cancellation of one or more
registered uses of the pesticide active ingredient. 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 issue a final rule revoking 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 who comments on the proposal indicates a need for the
tolerance or tolerance exemption to cover residues in or on imported
commodities or legally treated domestic commodities.
Historically, EPA has 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.
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 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.
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 June 13,
2007 (72 FR 32570), EPA received comments during the 60-day public
comment period, as follows:
i. General--Comment by private citizen. A private citizen stated
that only zero tolerance levels should be

[[Page 53451]]

acceptable. In addition, the commenter expressed a concern for
pesticide use in general and their possible toxic effects on 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 studies which pertained to those conclusions. EPA believes
that the tolerance actions finalized herein meet the safety standard of
FFDCA section 408, 21 U.S.C. 346a. In developing REDs and TREDs, EPA
worked 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.
ii. Comment by a member of the U.S. Geological Survey. A comment
was received by EPA from a member of the U.S. Geological Survey, U.S.
Department of the Interior, who inquired whether the source of
simazine, such as a contaminant of atrazine, could affect the Agency's
proposed tolerance determinations for simazine.
Agency response. Combined simazine residues of concern (simazine
and its two chlorinated degradates) detectable on food commodities are
regulated by tolerances established in 40 CFR 180.213. These two
chlorinated degradates of simazine are also regulated as combined
atrazine residues of concern in 40 CFR 180.220. The selection of an
individual tolerance level by EPA is based on available crop field
residue studies designed to produce the maximum residues under the
existing or proposed product label. Generally, the level selected for a
tolerance is a value slightly above the maximum residue found in such
studies, provided that the tolerance is safe. In addition, for a food-
use pesticide to be sold and distributed for domestic use in the United
States, the pesticide must not only have appropriate tolerances under
the FFDCA, but also must be registered under FIFRA (7 U.S.C. 136 et
seq.). Under FFDCA section 408(l)(5), residues on food shall not render
the food adulterated so long as it is shown to the satisfaction of the
U.S. Food and Drug Administration that 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 that 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 a
tolerance. In establishing, modifying, leaving in effect, or revoking a
tolerance or exemption for a pesticide chemical residue, the Agency
considers, among other relevant factors, available information such as
aggregate human exposure levels to the pesticide residue. The tolerance
actions finalized herein for simazine are based on the available data
which EPA has reviewed during the simazine RED process, and which the
Agency has determined meet the FFDCA standard, are safe, and that there
is a reasonable certainty (with appropriate mitigation) that no harm to
any population subgroup will result from aggregate exposure. However,
EPA may propose to revoke tolerances for residues of a pesticide under
FFDCA section 408(e)(1) when the Agency has determined that the
existing tolerances do not meet requirements of FFDCA section
408(b)(2). Any data on potential contamination of atrazine with
detectable levels of simazine will be considered by the Agency and
appropriate tolerance actions, if needed, will be proposed for public
comment.
With the exception of the general comment on simazine, EPA did not
receive any specific comments, during the 60-day comment period, on the
following pesticide active ingredients: Amitraz, atrazine, ethephon,
ferbam, lindane, propachlor, and simazine. Therefore, the Agency is
finalizing the amendments proposed in the Federal Register of June 13,
2007 (72 FR 32570). For a detailed discussion of the Agency's rationale
for the establishments, revocations, and modifications to the
tolerances, and revisions to tolerance expressions and commodity
terminologies, refer to the proposed rule of June 13, 2007.
In addition, the Agency is making the following revisions in this
final rule.
1. Amitraz. Currently, direct animal treatments of amitraz are
registered for use on cattle and hogs. In the proposal of June 13, 2007
(72 FR 32570), EPA inadvertently stated that there is a 3-day pre-
slaughter interval for cattle when in fact there is a 7-day retreatment
interval and no pre-slaughter interval.
2. Ethephon. EPA proposed to establish a tolerance for filbert at
0.80 ppm but did not propose in a notice for comment to revise the
tolerance nomenclature for ethephon in 40 CFR 180.300(a) from filbert
to hazelnut, as is current Agency practice. However, section
553(b)(3)(B) of the Administrative Procedure Act provides that notice
and comment is not necessary ``when the agency for good cause finds
(and incorporates the finding and a brief statement of reasons
therefore in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.''
Consequently, for good cause, EPA is revising the terminology from
filbert to hazelnut and therefore the Agency is establishing a
tolerance for hazelnut in 40 CFR 180.300(a) at 0.80 ppm. The reason for
taking this action is because such action has no practical impact on
the use of or exposure to the pesticide active ingredient, ethephon, in
or on that commodity and is made such that the tolerance terminology
will conform to current Agency practice.
3. Simazine. EPA proposed to decrease the tolerance in 40 CFR
180.213 on filbert to 0.20 ppm but did not propose in a notice for
comment to revise the tolerance nomenclature for simazine in 40 CFR
180.213 from filbert to hazelnut, as is current Agency practice.
However, section 553(b)(3)(B) of the Administrative Procedure Act
provides that notice and comment is not necessary ``when the agency for
good cause finds (and incorporates the finding and a brief statement of
reasons therefore in the rules issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' Consequently, for good cause, EPA is revising the tolerance
terminology in 40 CFR 180.213 from filbert to hazelnut. The reason for
taking this action is because such action has no practical impact on
the use of or exposure to the pesticide active ingredient, simazine, in
or on that commodity and is made such that the tolerance terminology
will conform to current Agency practice.

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

[[Page 53452]]

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 FFDCA. The safety finding determination is found
in detail in each post-FQPA 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 post-FQPA REDs for atrazine, ferbam, lindane,
propachlor, and simazine, and TREDs for amitraz and ethephon, whose
REDs were completed prior to FQPA. 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
FFDCA 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 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?

With the exception of certain tolerances for ferbam and lindane,
which EPA is revoking with specific expiration/revocation dates, the
Agency is revoking, modifying, and establishing specific tolerances,
and revising specific commodity terminologies effective on the date of
publication of this final rule in the Federal Register. With the
exception of the tolerances for ferbam and lindane, 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 had sufficient time for passage
through the channels of trade. EPA is revoking certain ferbam and
lindane tolerances with expiration/revocation dates of October 27,
2007, for the ferbam tolerances on bean, cabbage, lettuce, and
raspberry and October 2, 2009 for the lindane tolerances on the fat of
cattle, goats, hops, horses, and sheep. The Agency believes that these
revocation dates allow users to exhaust stocks and allow 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 unit, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.

III. Are There Any International Trade Issues Raised by this Final
Action?

In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international Maximum Residue Limits (MRLs) established
by the Codex Alimentarius Commission, as required by section 408(b)(4)
of FFDCA. The Codex Alimentarius is a joint U.N. Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level in a notice published for public
comment. EPA's effort to harmonize with Codex MRLs is summarized in the
tolerance reassessment section of individual REDs and TREDs, and in the
Residue Chemistry document which supports the RED and TRED, as
mentioned in the proposed rule cited in Unit II.A. Specific tolerance
actions in this rule and how they compare to Codex MRLs (if any) are
discussed in Unit II.A. of the proposal.

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

[[Page 53453]]

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) (FRL-5753-1), 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
as mentioned in Unit II.A.) 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, entitledFederalism
(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., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report 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 12, 2007.
Anne E. Lindsay,
Acting 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 180.114 is amended by revising paragraph (a) and adding text
to paragraph (c) to read as follows:

Sec. 180.114 Ferbam; tolerances for residues.

(a) General. Tolerances are established for residues of the
fungicide ferbam (ferric dimethyldithiocarbamate), calculated as carbon
disulfide, in or on the following food commodities:

------------------------------------------------------------------------
Expiration/
Commodity Parts per Revocation
million Date
------------------------------------------------------------------------
Apple......................................... 4.0\1\ None
Bean.......................................... 7.0\1\ 10/27/07
Cabbage....................................... 7.0\1\ 10/27/07
Cherry........................................ 4.0\1\ None
Cranberry..................................... 4.0\1\ None
Fruit, citrus, group 10....................... 4.0\1\ None
Grape......................................... 4.0\1\ None
Lettuce....................................... 7.0\1\ 10/27/07
Nectarine..................................... 4.0\1\ None
Peach......................................... 4.0\1\ None
Pear.......................................... 4.0\1\ None
Raspberry..................................... 7.0\1\ 10/27/07
------------------------------------------------------------------------
\1\Some of these tolerances were established on the basis of data
acquired at the public hearings held in 1950 (formerly Sec. 180.101)
and the remainder were established on the basis of pesticide petitions
presented under the procedure specified in the amendment to the
Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68
Stat. 511)

* * * * *

[[Page 53454]]

(c) Tolerances with regional registrations. Tolerances with
regional registrations, as defined in Sec. 180.1(m), are established
for residues of the fungicide ferbam (ferric dimethyldithiocarbamate),
calculated as carbon disulfide, in or on the following food
commodities:

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Mango...................................................... 4.0\1\
------------------------------------------------------------------------
\1\This tolerance was established on the basis of data acquired at the
public hearings held in 1950 (formerly Sec. 180.101) and the
remainder was established on the basis of pesticide petitions
presented under the procedure specified in the amendment to the
Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68
Stat. 511)

* * * * *

0
3. Section 180.133 is amended by revising the table in paragraph (a) to
read as follows:

Sec. 180. 133 Lindane; tolerances for residues.

(a) General. * * *

* * * * *

0
4. Section 180.211 is amended by revising the section heading and
paragraph (a) to read as follow:

Sec. 180.211 Propachlor; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the herbicide propachlor (2-chloro-N-isopropylacetanilide) and its
metabolites containing the N-isopropylaniline moiety, calculated as 2-
chloro-N-isopropylacetanilide, in or on the following raw agricultural
commodities:

* * * * *

0
5. Section 180.213 is amended by revising paragraph (a) to read as
follows:

Sec. 180.213 Simazine; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the herbicide simazine (2-chloro-4,6-bis(ethylamino)-s-triazine) and
its two chlorinated degradates (2-amino-4-chloro-6-ethylamino-s-
triazine and 2,4-diamino-6-chloro-s-triazine), the total residue to be
measured in or on the following food commodities:

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond 0.25
Almond, hulls.............................................. 0.25
Apple...................................................... 0.20
Avocado.................................................... 0.20
Blackberry................................................. 0.20
Blueberry.................................................. 0.20
Cattle, meat............................................... 0.03
Cattle, meat byproducts.................................... 0.03
Cherry..................................................... 0.25
Corn, field, forage........................................ 0.20
Corn, field, grain......................................... 0.20
Corn, field, stover........................................ 0.25
Corn, pop, grain........................................... 0.20
Corn, pop, stover.......................................... 0.25
Corn, sweet, forage........................................ 0.20
Corn, sweet, kernel plus cob with husks removed............ 0.25
Corn, sweet, stover........................................ 0.25
Cranberry.................................................. 0.25
Currant.................................................... 0.25
Egg........................................................ 0.03
Goat, meat................................................. 0.03
Goat, meat byproducts...................................... 0.03
Grape...................................................... 0.20
Grapefruit................................................. 0.25
Hazelnut................................................... 0.20
Horse, meat................................................ 0.03
Horse, meat byproducts..................................... 0.03
Lemon...................................................... 0.25
Loganberry................................................. 0.20
Milk....................................................... 0.03
Nut, macadamia............................................. 0.25
Olive...................................................... 0.20
Orange..................................................... 0.25
Peach...................................................... 0.20
Pear....................................................... 0.25
Pecan...................................................... 0.20
Plum....................................................... 0.20
Raspberry.................................................. 0.20
Sheep, meat................................................ 0.03
Sheep, meat byproducts..................................... 0.03
Strawberry................................................. 0.25
Walnut..................................................... 0.2
------------------------------------------------------------------------

* * * * *

0
6. Section 180.220 is amended by revising paragraph (a) to read as
follows:

Sec. 180.220 Atrazine; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the herbicide atrazine (2-chloro-4-ethylamino-6-isopropylamino-s-
triazine) and its chlorinated metabolites 2-amino-4-chloro-6-
isopropylamino-s-triazine, 2-amino-4-chloro-6-ethylamino-s-triazine,
and 2,4-diamino-6-chloro-s-triazine, in or on the following food
commodities:

* * * * *

0
7. Section 180.287 is amended by revising paragraph (a) to read as
follows:

[[Page 53455]]

Sec. 180.287 Amitraz; tolerances for residues.

(a) General. Tolerances are established for residues of the
insecticide amitraz (N'-[2,4-dimethylphenyl]-N- [[(2,4-
dimethylphenyl)imino] methyl]]- N-methylmethanimidamide) and its
metabolites containing the 2,4-dimethylaniline moiety (calculated as
the parent) in or on the following food commodities:

* * * * *

0
8. Section 180.300 is amended by revising the table in paragraph (a) to
read as follows:

Sec. 180.300 Ethephon; tolerances for residues.

(a) * * *

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple...................................................... 5.0
Apple, juice............................................... 10.0
Barley, bran............................................... 5.0
Barley, grain.............................................. 2.0
Barley, straw.............................................. 10.0
Blackberry................................................. 30.0
Blueberry.................................................. 20.0
Cantaloupe................................................. 2.0
Cattle, fat................................................ 0.02
Cattle, kidney............................................. 1.0
Cattle, meat............................................... 0.02
Cattle, meat byproducts, except kidney..................... 0.2
Cherry..................................................... 10.0
Coffee, bean, green........................................ 0.5
Cotton, gin byproducts..................................... 180.0
Cotton, undelinted seed.................................... 6.0
Cucumber................................................... 0.1
Egg........................................................ 0.002
Goat, fat.................................................. 0.02
Goat, kidney............................................... 1.0
Goat, meat................................................. 0.02
Goat, meat byproducts, except kidney....................... 0.2
Grape...................................................... 2.0
Grape, raisin.............................................. 12.0
Hazelnut................................................... 0.80
Hog, fat................................................... 0.02
Hog, kidney................................................ 1.0
Hog, meat.................................................. 0.02
Hog, meat byproducts, except kidney........................ 0.2
Horse, fat................................................. 0.02
Horse, kidney.............................................. 1.0
Horse, meat................................................ 0.02
Horse, meat byproducts, except kidney...................... 0.2
Milk....................................................... 0.01
Nut, macadamia............................................. 0.5
Pepper..................................................... 30.0
Pineapple.................................................. 2.0
Poultry, fat............................................... 0.02
Poultry, liver............................................. 0.05
Poultry, meat.............................................. 0.01
Poultry, meat byproducts, except liver..................... 0.01
Sheep, fat................................................. 0.02
Sheep, kidney.............................................. 1.0
Sheep, meat................................................ 0.02
Sheep, meat byproducts, except kidney...................... 0.2
Sugarcane, molasses........................................ 1.5
Tomato..................................................... 2.0
Walnut..................................................... 0.5
Wheat, bran................................................ 5.0
Wheat, germ................................................ 5.0
Wheat, grain............................................... 2.0
Wheat, middlings........................................... 5.0
Wheat, shorts.............................................. 5.0
Wheat, straw............................................... 10.0
------------------------------------------------------------------------

* * * * *
[FR Doc. E7-18508 Filed 9-18-07; 8:45 am]

BILLING CODE 6560-50-S