[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Rules and Regulations]
[Pages 28881-28889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9912]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0586; FRL-8126-6]


Propanil, Phenmedipham, Triallate, and MCPA; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the herbicides 
propanil, triallate, and MCPA. EPA is modifying certain tolerances for 
the herbicides propanil, phenmedipham, triallate, and MCPA. In 
addition, EPA is establishing tolerances for the herbicides propanil, 
phenmedipham, triallate, and MCPA. The regulatory actions in this 
document are part of the Agency's reregistration program under the 
Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended 
by the Food Quality Protection Act (FQPA) of 1996.

DATES: This regulation is effective May 23, 2007. Objections and 
requests for hearings must be received on or before July 23, 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-2006-0586. 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 web site 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

[[Page 28882]]

copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the Office 
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The 
hours of operation of this Docket Facility are 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: Jane Smith, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail 
address: <a href="/cdn-cgi/l/email-protection#5c2f3135283472363d3239712f3f3328281c392c3d723b332a"><span class="__cf_email__" data-cfemail="3b4856524f5315515a555e164858544f4f7b5e4b5a155c544d">[email protected]</span></a>.

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:
    <bullet> Crop production (NAICS code 111), e.g., agricultural 
workers; greenhouse, nursery, and floriculture workers; farmers.
    <bullet> Animal production (NAICS code 112), e.g., cattle ranchers 
and farmers, dairy cattle farmers, livestock farmers.
    <bullet> Food manufacturing (NAICS code 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
    <bullet> 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 the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178. You must file your objection or 
request a hearing on this regulation in accordance with the 
instructions provided in 40 CFR part 178. To ensure proper receipt by 
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0586 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 July 23, 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-2006-0586, by one of the following methods.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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 September 27, 2006 (71 FR 56425) (FRL-
8089-5), EPA issued a proposed rule to revoke, modify and establish 
specific tolerances for residues of the herbicides propanil, 
phenmedipham, triallate and MCPA. Also, the proposal of September 27, 
2006 (71 FR 56425) (FRL-8089-5) provided a 60-day comment period which 
invited public comment for consideration and for support of tolerance 
retention under the Federal Food, Drug, and Cosmetic Act (FFDCA) 
standards.
    EPA is revoking, removing, modifying, and establishing specific 
tolerances for residues of the the herbicides propanil, phenmedipham, 
triallate and MCPA in or on commodities listed in the regulatory text.
    EPA is finalizing these tolerance actions in order to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of reregistration and when taking action 
on tolerances and exemptions EPA is required to determine whether each 
of the amended tolerances meets the safety standards under the FQPA. 
The safety finding determination of ``reasonable certainty of no harm'' 
is found in detail in each Reregistration Eligibility Decision (RED) 
and Report on FQPA Tolerance Reassessment Progress and Interim Risk 
Management Decision (TRED) for the active ingredient. REDs and TREDs 
recommend certain tolerance actions to be implemented to reflect 
current use patterns, to meet safety findings and change commodity 
names and groupings in accordance with new EPA policy. Printed copies 
of REDs and TREDs may be obtained from EPA's National Service Center 
for Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, 
OH 45242-2419, telephone: 1-800-490-9198; fax: 1-513-489-8695; internet 
at http://www.epa.gov/ncepihom and from the National Technical 
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 
22161, telephone: 1-800-553-6847 or (703) 605-6000; internet at http://www.ntis.gov. Electronic copies of REDs and TREDs are available on the 
internet at http://www.epa.gov/pesticides/reregistration/status.htm. 
and in public dockets EPA-

[[Page 28883]]

HQ-OPP-2003-0348 and EPA-HQ-OPP-2002-0033 (propanil); EPA-HQ-OPP-2004-
0384 (phenmedipham); and EPA-HQ-OPP-2004-0156 and EPA-HQ-OPP-2004-0239 
(MCPA) at http://www.regulations.gov.
    In this final rule, EPA is revoking certain tolerances and 
tolerance exemptions because these specific tolerances and exemptions 
correspond to uses no longer current or registered under 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's policy is to issue a final rule revoking those tolerances for 
residues of pesticide chemicals for which there are no active 
registrations under FIFRA, unless any person commenting on the proposal 
demonstrates a need for the tolerance to cover residues in or on 
imported commodities or domestic commodities legally treated.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of the following 
conditions applies:
    1. Prior to EPA's issuance of a section 408(f) order requesting 
additional data or issuance of a section 408(d) or (e) order revoking 
the tolerances on other grounds, commenters retract the comment 
identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer 
needed.
    3. The tolerance is not supported by data that demonstrate that the 
tolerance meets the requirements under FQPA.
    This final rule does not revoke those tolerances for which EPA 
received comments stating a need for the tolerance to be retained. In 
response to the proposal published in the Federal Register of September 
27, 2006 (71 FR 56425) (FRL-8089-5), EPA received three comments during 
the 60-day public comment period, as follows:
    Comment. The MCPA Task Force Three submitted a comment requesting 
the published tolerance for ``cattle, meat and meat byproducts'' be 
changed from the proposed 0.1 ppm to 0.5 ppm. The Task force has 
conducted a new Magnitude of the Residues in Meat and Milk Study, 
according to the Agency guidelines, that supports a 0.5 ppm tolerance. 
The new study will be submitted to the Agency as soon as it is issued 
which, according to the MCPA Task Force Three, is well in advance of 
the due date requested by the Agency in the Data Call-In. The task 
force did not take issue with any of the proposed tolerances for 
revocation.
    Agency response. The Agency acknowledges the cooperation and effort 
the MCPA Task Force Three has put forth to fulfill the requirements of 
the reregistration Data Call-In Notice. When the Magnitude of the Meat 
and Milk Study is received, reviewed, a risk assessment conducted and 
safety finding is made, EPA will make a determination as to the whether 
the current tolerance of 0.1 ppm is still appropriate or should be 
changed.
    Comment. A comment was received from a private citizen that 
expressed concern with pesticide residues in general and that pesticide 
residue levels should be zero. Concern was also expressed for the 
number of chemicals found in the bodies of adults and children.
    Agency response. The private citizen's comment did not take issue 
with the Agency's conclusion that specific tolerances in this action 
should be revoked, established and/or modified. The Agency conducts a 
detailed risk assessment to determine whether establishing and/or 
increasing tolerances is safe; i.e., there is a reasonable certainty 
that no harm will result from aggregate exposure to the pesticide 
chemical residue. Also, it is EPA's general practice to propose 
revocation of tolerances for residues of pesticide active ingredients 
on crop uses for which FIFRA registrations no longer exist.
    Comment. A comment was received from the California Rice Commission 
(CRC). CRC expressed concern that the increased U.S. tolerance for 
propanil in/on rice grain from 2 ppm to 10 ppm could result in a trade 
irritant with Japan, a major importer of California rice whose Maximum 
Residue Limit (MRL) on rice grain is 2 ppm. According to the CRC 
propanil is the most important herbicide to the California rice 
industry; a significant percentage of the rice grown in California is 
exported to Japan; propanil residues on California grown rice are non-
detectable for propanil; and the tolerance level of 10 ppm is based on 
an outlier residue level of 8.7 ppm.
    Agency response. The CRC brought this important issue to the 
attention of the Agency when the RED Amendment was released in 2006. 
The U.S. tolerance is a national level based on uses and residue data 
generated on rice grown in Arkansas, California, Louisiana, and Texas 
showing multiple residue detections above 2 parts per million (ppm) up 
to 8.7 ppm supporting a tolerance level of 10 ppm. Avoiding potential 
trade irritants is of paramount interest, unfortunately, no new data 
have been generated or submitted to the Agency to change the basis of 
the tolerance level. If additional propanil field trial residue data on 
rice were generated and provided to the Agency, the tolerance level on 
rice grain would be reconsidered.
    1. Propanil. Currently, in 40 CFR 180.274(a)(1) and (2), tolerances 
are established for the combined residues of propanil and its 
metabolites (calculated as propanil) in or on both raw agricultural 
commodities (RACs) and processed foods and feeds. EPA is revising the 
tolerance expression to specify the residues of concern and combine the 
RACs and processed foods and feed tolerances in accordance with FFDCA 
408 as amended by FQPA (1996) in 40 CFR 180.274(a) to read as follows: 
Tolerances are established for the combined residues of the herbicide 
propanil (3', 4'-dichloropropionanilide) and its metabolites 
convertible to 3, 4-dichloroaniline (3, 4-DCA).
    Tolerances currently exist for rice milling fractions and rice 
polishings. Rice milling fractions are no longer considered significant 
animal feed items as delineated in ``Table 1. - Raw Agricultural and 
Processed Commodities and Feedstuffs Derived from Crops'' which is 
found in Residue Chemistry Test Guidelines OPPTS 860.1000 dated August 
1996, available at http://www.epa.gov/opptsfrs/ publications/OPPTS--
Harmonized/860--Residue--Chemistry--Test--Guidelines/Series/. 
Therefore, EPA is removing the tolerances in 40 CFR 180.274(a) for the 
combined residues of propanil in/on rice milling fractions and rice, 
polishings at 10 ppm.
    The registered uses on barley, oat, and wheat (small grains) have 
been voluntarily cancelled December 10, 2003; 68 FR 68901, FRL-7332-5, 
June 27, 2003; 68 FR 38328, FRL 7310-6. In the absence of registered 
uses, the tolerances associated with the small grains should be 
revoked. Therefore, EPA is revoking the tolerances in 40 CFR 180.274(a) 
for the combined propanil residues of concern in/on barley, straw; oat, 
straw; and wheat, straw at 0.75 ppm; barley, grain at 0.2 ppm; oat, 
grain at 0.2 ppm; and wheat, grain at 0.2 ppm.

[[Page 28884]]

    Two studies depicting the magnitude of regulated propanil residues 
in/on rice grain exceeded the established tolerance of 2 ppm in/on 
treated rice grain samples demonstrating residues ranging from 0.03 ppm 
to 8.7 ppm. Based on these data, the EPA determined the tolerance 
should be 10 ppm on rice grain. Therefore, EPA is increasing the 
tolerance in 40 CFR 180.274(a) for the combined propanil residues of 
concern in/on rice, grain from 2 ppm to 10 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.
    A rice processing study showed no concentration of residues in 
polished rice and average concentration factors of 3.5x for rice hulls 
and 4.6x for rice bran. The highest average field trial (HAFT) propanil 
residues found in rice were 8.7 ppm. Based on this HAFT and the 
observed concentration factors, the maximum expected residues are 30.45 
ppm in/on rice hulls (8.7 ppm x 3.5) and 40.02 ppm in/on rice bran (8.7 
ppm x 4.6). These expected residues are higher in the processed 
commodities than the reassessed tolerance of 10 ppm for rice, grain. 
Based on these data, EPA has determined that the tolerances should be 
30 ppm on rice, hulls and 40 ppm on rice, bran. Therefore, EPA is 
increasing tolerances in 40 CFR 180.274(a) for the combined propanil 
residues of concern in or on rice, hulls from 10 to 30 ppm and rice, 
bran from 10 to 40 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.
    The potential for secondary transfer of propanil residues to animal 
commodities exists because the herbicide is registered for use on rice, 
which may be used as animal feed. Based on a maximum theoretical 
dietary burden (x) and using the residue levels found in dairy cattle 
and milk fed 15 ppm (0.75x) resulted in residues of: 0.035 ppm in milk, 
0.31 ppm in liver, 0.77 ppm in kidney, <0.05 ppm (non-detectable) in 
muscle, and 0.10 ppm in fat. Based on these data, the Agency determined 
the tolerances should be 0.05 ppm in cattle, meat; goat, meat; hog, 
meat; horse, meat; and sheep, meat and 1.0 ppm in cattle, meat 
byproducts; goat, meat byproducts; hog, meat byproducts; horse, meat 
byproducts; and sheep, meat byproducts. In addition, the term 
``negligible residue'' and its designation, ``(N)'' associated with the 
milk and animal tissue tolerances is being removed to conform to 
current Agency policy and practice. Therefore, EPA is maintaining and 
revising tolerances in 40 CFR 180.274(a) for the combined propanil 
residues of concern in/on milk from 0.05(N) ppm to 0.05 ppm and cattle, 
fat; goat, fat; hog, fat; horse, fat; and sheep, fat from 0.1(N) ppm to 
0.10 ppm; decreasing and revising the tolerances in/on cattle, meat; 
goat, meat; hog, meat; horse, meat; and sheep, meat from 0.1(N) to 0.05 
ppm; and increasing and revising the tolerances in/on cattle, meat 
byproducts; goat, meat byproducts; hog, meat byproducts; horse, meat 
byproducts; and sheep, meat byproducts from 0.1(N) to 1.0 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.
    Maximum propanil residues were 0.212, and 0.372 ppm, respectively, 
in eggs from hens dosed with propanil 15 ppm (0.9x), and 50 ppm (3.1x). 
Residues in liver from hens in the 15 ppm (0.9x), and 50 ppm (3.1x) 
dose groups were 0.183 - 0.236, and 0.824 - 1.755 ppm, respectively. 
Residues in muscle were <0.050 - 0.076 and 0.087 - 0.161 ppm from the 
0.9x and 3.1x dose groups, respectively. In fat, propanil residues of 
concern were <0.05 ppm (<non-detectable) up to 0.9x feeding levels, and 
<0.139 - 0.348 ppm at 3.1x. Based on these data, the Agency has 
determined that the propanil tolerances should be 0.30 ppm for eggs, 
0.50 ppm for meat byproducts, 0.05 ppm for poultry fat, and 0.10 ppm 
for poultry meat. In addition, the term ``negligible residue'' and its 
designation, ``(N)'' associated with the egg and animal tissue 
tolerances is being removed to conform to current Agency policy and 
practice. Therefore, EPA is revising tolerances in 40 CFR 180.274(a) 
for the combined propanil residues of concern to increase and revise 
the tolerance for eggs from 0.05(N) to 0.30 ppm and poultry, meat 
byproducts from 0.1(N) to 0.50 ppm; to decrease and revise the 
tolerances in/on poultry, fat from 0.1(N) to 0.05 ppm; and revise 
tolerances in/on poultry, meat from 0.10(N) to 0.10 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.
    Residues of propanil and its metabolites, determined as base-
releasable 3, 4-DCA and expressed as propanil equivalents, were <0.01 - 
0.03 ppm in/on the edible portions of crayfish (1x maximum season 
rate). Based on these data, the Agency determined the tolerance should 
be 0.05 ppm on crayfish. Therefore, EPA is establishing a tolerance in 
40 CFR 180.274(a) for the combined propanil residues of concern in/on 
crayfish at 0.05 ppm.
    In addition, the ``N'' (negligible residues) designation correlated 
with tolerances is being removed to conform to current Agency practice. 
Therefore, EPA is revising the tolerance in 40 CFR 180.278(a) for the 
combined propanil residues of concern in/on rice, straw from 75(N) ppm 
to 75 ppm.
    2. Phenmedipham. The current tolerance expression in 40 CFR 
180.278(a) refers to phenmedipham as methyl m-hydroxycarbanilate methyl 
carbanilate which should be changed to the more appropriate chemical 
name, 3-methoxycarbonylaminophenyl-3'-methylcarbanilate. Therefore, EPA 
is changing the chemical name in 40 CFR 180.278(a) for residues of the 
herbicide phenmedipham to 3-methoxycarbonylaminophenyl-3'-
methylcarbanilate.
    Spinach field trial residue data generated at the 1x seasonal 
application rate and 14-22 day pre-harvest interval (PHI) resulted in 
residues ranging from 2.1 - 3.6 ppm. Additional trials conducted at 
similar rates and PHIs yielded residues ranging from <0.05 to 0.17 ppm. 
Based on the more recent residue data and use pattern, EPA has 
determined the tolerance on spinach should be 4.0 ppm. Therefore, EPA 
is increasing the tolerance in 40 CFR 180.278(a) for residues of 
phenmedipham in/on spinach from 0.5 ppm 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.
    Sugar beet processing studies indicate that phenmedipham residues 
of concern concentrated 3x in dried pulp, 1.3x in molasses, and did not 
concentrate in sugar. Because of the concentration factors associated 
with dried pulp and molasses, the current tolerance of 0.1 ppm for raw 
beet, sugar, roots and tops is not adequate to cover the dried pulp and 
molasses from sugar beets; therefore, the Agency has determined that 
tolerances should be established for beet, sugar, dried pulp at 0.5 ppm 
and beet, sugar, molasses at 0.2 ppm. EPA is establishing tolerances in 
40 CFR 180.278(a) for residues of phenmedipham in/on beet, sugar, dried 
pulp at 0.5 ppm and beet, sugar, molasses at 0.2 ppm.
    In addition, the ``N'' (negligible residues) designation that is 
correlated with some of the tolerances is being removed to conform to 
current Agency

[[Page 28885]]

practice. Therefore, EPA is revising the tolerances in 40 CFR 
180.278(a) for residues of phenmedipham in/on beet, garden at 0.2(N) 
ppm to beet, garden, roots at 0.2 ppm and beet, garden, tops at 0.2 
ppm; beet, sugar, roots at 0.1(N) ppm to 0.1 ppm and beet, sugar, tops 
at 0.1(N) ppm to 0.1 ppm.
    3. Triallate. The available data, reflecting the maximum registered 
use patterns, indicate that the maximum combined triallate residues of 
concern were 0.26 ppm in or on barley straw; 0.12 ppm in or on the seed 
and pods of succulent peas; 0.39 ppm in or on the vines of succulent 
peas; 0.27 ppm in or on the vines of dried peas; 0.73 ppm in or on the 
straw (hay) of succulent peas; 0.36 ppm in or on the straw of dried 
peas; and 0.94 ppm in or on wheat straw in the states of California, 
Colorado, Idaho, Kansas, Minnesota, Montana, Nebraska, Nevada, North 
Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. In 
addition, the term ``negligible residue'' and its designation, ``(N)'' 
associated with the barley, grain tolerance is being removed to conform 
to current Agency policy and practice. Based on these data, the Agency 
determined the tolerances should be 0.3 ppm on barley, straw; 1.0 ppm 
on pea, field, hay; 0.5 ppm on pea, field, vines; 0.2 ppm on pea, 
succulent; and 1.0 ppm on wheat, straw and recodified under 40 CFR 
180.314(c) as regional tolerances. Therefore, EPA is increasing and 
recodifying the tolerances in 40 CFR 180.314(a) to 40 CFR 180.314(c) 
for the combined triallate residues of concern in/on barley, straw from 
0.05 to 0.3 ppm; pea, field, hay from 0.05 to 1.0 ppm; pea, field, 
vines from 0.05 to 0.5 ppm; pea, succulent from 0.05 to 0.2 ppm; wheat, 
straw from 0.05 to 1.0 ppm; and recodifying tolerances from 40 CFR 
180.314(a) to 40 CFR 180.314(c) for barley, grain at 0.05 ppm and 
wheat, grain at 0.05 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.
    Lentil hay is no longer considered significant livestock feed item 
and has been removed from Table 1 (OPPTS GLN 860.1000) and lentil, seed 
is covered by the established pea tolerance in accordance with 40 CFR 
180.1(g). As a result, EPA is removing the tolerances in 40 CFR 
180.314(a) for the combined triallate residues of concern in/on lentil, 
hay at 0.05 ppm and lentil seed at 0.05 ppm.
    Sugar beet processing studies were conducted on sugar beets treated 
at 5x the seasonal application rate resulting in maximum residues of 
0.14 ppm in root, 0.30 ppm in dried pulp and <0.03 ppm in sugar and 
molasses. Therefore, EPA is maintaining the tolerances and correcting 
the terminology for sugar beets to include roots in 40 CFR 180.314(c) 
for the combined triallate residues of concern in or on beet, sugar, 
dried pulp at 0.2 ppm; beet, sugar, roots at 0.1 ppm and beet, sugar, 
tops at 0.5 ppm.
    The available data, reflecting the maximum registered use patterns, 
indicate that the maximum combined triallate residues of concern were 
<0.02 ppm in/on the seed and pods of dry peas; and 0.94 ppm on wheat 
straw. Because of similar cultural practices and identical use rates, 
wheat straw data are used to support tolerances for barley hay and 
wheat hay. Based on these data, the Agency determined the tolerances 
should be 0.2 ppm for pea, dry and 1.0 ppm for barley, hay and wheat, 
hay by translating the data from wheat straw. Therefore, EPA is 
establishing tolerances in 40 CFR 180.314(c) for the combined triallate 
residues of concern in/on barley, hay at 1.0 ppm; pea, dry at 0.2 ppm; 
and wheat, hay at 1.0 ppm. The Agency determined that the establishment 
of these tolerances is safe; i.e., there is a reasonable certainty that 
no harm will result from aggregate exposure to the pesticide chemical 
residue.
    4. MCPA. The current tolerance expression in 40 CFR 180.339(a) 
regulates residues of the herbicide 2-methyl-4-chlorophenoxyacetic acid 
(MCPA) from application of the herbicide in acid form or in the form of 
its sodium, ethanolamine, diethanolamine, triethanolamine, 
isopropanolamine, diisopropanolamine, triisopropanolamine, or 
dimethylamine salts or isooctyl or butoxyethyl esters and in 40 CFR 
180.339(b) tolerances are established for combined negligible residues 
(N) of the herbicide 2-methyl-4-chlorophenoxyacetic acid and its 
metabolite 2-methyl-4-chlorophenol. Based on toxicity data for 2-
methyl-4-chlorophenol, a currently regulated livestock metabolite, EPA 
determined that it is of significantly less concern than the parent 
compound and therefore can be excluded from the tolerance expression. 
Although the chemical name for MCPA has been presented as ``(2-methyl-
4-chlorophenoxy)acetic acid'', under current chemical naming 
conventions the ``(4-chloro-2-methylphenoxy)acetic acid'' designation 
is preferred. EPA determined the residues to be regulated in plant 
commodities (40 CFR 180.339(a)) are parent, free and conjugated MCPA. 
When MCPA is applied in various forms (e.g. ethanolamine and other 
salts and esters), a single common moiety is released that is the 
pesticidally active component and serves as the basis for tolerance 
regulation. Therefore, EPA is changing the tolerance expression in 40 
CFR 180.339(a) to read as follows: Tolerances are established for 
residues of the herbicide MCPA [(4-chloro-2-methylphenoxy)acetic 
acid)], both free and conjugated, resulting from the direct application 
of MCPA or its sodium or dimethylamine salts or its 2-ethylhexyl ester 
and in 40 CFR 180.339(b) to read as follows: Tolerances are established 
for residues of the herbicide MCPA [(4-chloro-2-methylphenoxy)acetic 
acid)] resulting from the direct application of MCPA or its sodium or 
dimethylamine salts or its 2-ethylhexyl ester. EPA is revising 40 CFR 
180.339(a) and (b) to 180.339 (a)(1) and (2) for consistency. Lastly, 
the term ``negligible residue'' and its designation, ``(N)'', 
associated with some tolerances is being removed to conform to current 
Agency policy and practice.
    Currently, tolerances exist reflecting uses of MCPA on rice, 
sorghum, flax (straw) and canarygrass. The uses on rice, sorghum, and 
canarygrass are no longer registered uses June 30, 2004; 69 FR 39467; 
FRL 7363-4, April 26, 2006; 71 FR 24687; FRL 8059-2. EPA policy no 
longer requires tolerances be established for flax straw. Therefore, 
EPA is revoking tolerances in 40 CFR 180.339(a)(1) for the combined 
MCPA residues of concern in or on flax, straw at 2 ppm; grass, canary, 
annual, hay at 0.1 ppm; grass, canary, annual, seed at 0.1 ppm; rice, 
grain at 0.1(N) ppm; rice, straw at 2 ppm; sorghum, grain at 0.1 ppm; 
sorghum, forage at 20 ppm; and sorghum, grain, stover at 20 ppm.
    The crop field trial data indicate that the maximum combined 
residues of MCPA and its metabolites are <0.29 ppm in or on alfalfa 
forage and <1.07 ppm in or on alfalfa hay. Alfalfa forage and alfalfa 
hay data will also be used to satisfy crop field trial requirements for 
the clover, forage; clover, hay; lespedeza, clover; lespedeza, hay; 
trefoil, forage; trefoil, hay; vetch, forage; and vetch, hay. 
Ordinarily, the Agency would not translate data from alfalfa to support 
uses on clover, lespedeza, trefoil, and vetch; however, because the 
only supported use of MCPA on these crops is to the crops underseeded 
to small grains it is reasonable to use alfalfa forage and alfalfa hay 
data to support these uses. Based on these data, EPA has determined the 
tolerance should be 0.5 ppm in or on alfalfa, forage; clover, forage; 
lespedeza, forage; trefoil, forage; and vetch, forage and 2.0 ppm in or 
on alfalfa, hay; clover, hay;

[[Page 28886]]

lespedeza, hay; trefoil, hay; and vetch, hay. Therefore, EPA is 
increasing and revising tolerances in 40 CFR 180.339(a)(1) for residues 
of MCPA in/on alfalfa, forage; clover, forage; lespedeza, forage; 
trefoil, forage; and vetch, forage from 0.1 to 0.5 ppm and alfalfa, 
hay; clover, hay; lespedeza, hay; trefoil, hay; and vetch, hay from 0.1 
to 2.0 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.
    The crop field trial data indicate that the maximum combined 
residues of MCPA and its metabolites are 0.72 ppm in or on wheat grain 
and 21.4 ppm in or on wheat straw. Based on the HAFT residue of 0.08 
ppm for wheat grain, expected MCPA residues of concern in/on wheat bran 
and germ will not exceed the established tolerance of 0.1 ppm for wheat 
grain and for wheat processed commodities. Because of similar cultural 
practices and identical use rates, wheat residue field trial data are 
used to support tolerances for barley, oat and rye. Based on these 
data, EPA has determined the tolerance should be 1.0 ppm in/on barley, 
grain; oat, grain; rye, grain and wheat, grain and 25 ppm in or on 
barley, straw; oat, straw; rye, straw; and wheat, straw. Therefore, EPA 
is increasing the tolerances in 40 CFR 180.33(a)(1) for residues of 
MCPA in/on barley, grain; oat, grain; rye, grain; and wheat, grain from 
0.1(N) to 1.0 ppm and barley, straw; oat, straw; rye, straw; and wheat, 
straw from 2 to 25 ppm. The Agency determined that these increased 
tolerances are safe; i.e. there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue.
    The crop field trial data indicate that the maximum combined 
residues of MCPA and its metabolites are 19.4 ppm (7 day PHI) in or on 
wheat forage, 39.5 ppm and 111 ppm (7 and14 day PHIs, respectively) in 
or on wheat hay. Also these data are translated to support tolerances 
for barley, hay; oat, hay; oat, forage; and rye, forage. Based on these 
data, EPA determined the tolerances should be 20 ppm on oat, forage; 
rye, forage; and wheat, forage; 40 ppm on barley, hay; and 115 ppm in/
on oat, hay; and wheat hay. EPA is establishing tolerances in 40 CFR 
180.339(a)(1) for residues of MCPA in/on wheat, forage at 20 ppm; 
barley, hay at 40 ppm and oat, hay; and wheat, hay at 115 ppm. The 
Agency determined that these newly established tolerances are safe; 
i.e. there is a reasonable certainty that no harm will result from 
aggregate exposure to the pesticide chemicals residue.
    In addition, EPA is revising commodity terminology and tolerances 
to conform to current Agency practice in 40 CFR 180.339 as follows: 
``grass, pasture and grass, rangeland at 300 ppm to grass, forage at 
300 ppm:'' ``peavines at 0.1(N) ppm to pea, field, vines at 0.1 ppm;'' 
``peavines, hay at 0.1(N) ppm to pea, field, hay at 0.1 ppm;'' 
``vegetable, seed and pod at 0.1 ppm to pea, dry at 0.1 ppm and pea, 
succulent at 0.1 ppm;'' flax seed at 0.1(N) to 0.1 ppm; ``cattle, fat; 
goat, fat; hog, fat; horse, fat; and sheep, fat; cattle, meat 
byproducts; goat, meat byproducts; hog, meat byproducts; horse, meat 
byproducts; and sheep, meat byproducts; and cattle, meat; goat, meat; 
hog, meat; horse, meat; and sheep, meat at 0.1(N) ppm to 0.1 ppm;'' and 
milk at 0.1(N) ppm to 0.1 ppm.

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

    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). In this final rule, EPA is 
establishing, modifying, and revoking tolerances to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes, and as follow-up on canceled uses of 
pesticides. As part of these processes, EPA is required to determine 
whether each of the amended tolerances meets the safety standards under 
the Food Quality Protection Act (FQPA). The safety finding 
determination is found in detail in each Reregistration Eligibility 
Document (RED) and Tolerance Reassessment Document (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 propanil, phenmedipham, 
triallate, and MCPA, and a TRED for propanil. REDs and TREDs contain 
the Agency's evaluation of the data base for these pesticides, 
including statements regarding additional data on the active 
ingredients that may be needed to confirm the potential human health 
and environmental risk assessments associated with current product 
uses, and REDs state conditions under which these uses and products 
will be eligible for reregistration. The REDs and TREDs recommended the 
establishment, modification, and/or revocation of specific tolerances. 
RED and TRED recommendations such as establishing or modifying 
tolerances, and in some cases revoking tolerances, are the result of 
assessment under the FQPA standard of ``reasonable certainty of no 
harm.'' However, tolerance revocations recommended in REDs and TREDs 
that are made final in this document 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. Nonetheless, EPA will establish and maintain 
tolerances even when corresponding domestic uses are canceled if the 
tolerances, which EPA refers to as ``import tolerances,'' are necessary 
to allow importation into the United States of food containing such 
pesticide residues. However, where there are no imported commodities 
that require these import tolerances, the Agency believes it is 
appropriate to revoke tolerances for unregistered pesticides in order 
to prevent potential misuse.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, the Agency gives consideration to possible 
pesticide residues in meat, milk, poultry, and/or eggs produced by 
animals that are fed agricultural products (for example, grain or hay) 
containing pesticides residues (40 CFR 180.6). If there is no 
reasonable expectation of finite pesticide residues in or on meat, 
milk, poultry, or eggs, then tolerances do not need to be established 
for these commodities (40 CFR 180.6(b) and 180.6 (c)).

C. When Do These Actions Become Effective?

    These actions become effective on the date of publication of this 
final rule in the Federal Register because their associated uses have 
been canceled for several years. The Agency believes that treated 
commodities have had sufficient time for passage through the channels 
of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by the FQPA. 
Under this section, any residues of these pesticides in or on such food 
shall not render the food adulterated so long as it is shown to the 
satisfaction of the Food and Drug Administration that:

[[Page 28887]]

    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA, 
and
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates that the 
pesticide was applied to such food.

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

    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 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, section 
408(b)(4) of FFDCA 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.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section 
408(e), and also modifies and revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted these types of actions (i.e., establishment and modification 
of a tolerance and tolerance revocation for which extraordinary 
circumstances do not exist) from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Because this rule has been exempted from review under Executive Order 
12866 due to its lack of significance, this rule is not subject to 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 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), Pub. L. 104-13, section 12(d) (15 U.S.C. 272 note). Pursuant 
to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the 
Agency previously assessed whether establishment of tolerances, 
exemptions from tolerances, raising of tolerance levels, expansion of 
exemptions, or revocations might significantly impact a substantial 
number of small entities and concluded that, as a general matter, these 
actions do not impose a significant economic impact on a substantial 
number of small entities. These analyses for tolerance establishments 
and modifications, and for tolerance revocations were published on May 
4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020), 
respectively, and were provided to the Chief Counsel for Advocacy of 
the Small Business Administration. Taking into account this analysis, 
and available information concerning the pesticides listed in this 
rule, the Agency hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities. 
In a memorandum dated May 25, 2001, EPA determined that eight 
conditions must all be satisfied in order for an import tolerance or 
tolerance exemption revocation to adversely affect a significant number 
of small entity importers, and that there is a negligible joint 
probability of all eight conditions holding simultaneously with respect 
to any particular revocation. (This Agency document is available in the 
docket of this proposed 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., generally 
provides

[[Page 28888]]

that before a rule may take effect, the Agency promulgating the rule 
must submit a rule report to each House of the Congress and 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 the rule in the Federal Register. 
This 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: May 16, 2007.
Debra Edwards,
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 180.274 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.274  Propanil; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the herbicide propanil (3', 4'-dichloropropionanilide) and its 
metabolites convertible to 3, 4-dichloroaniline (3, 4-DCA) in or on the 
following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Cattle, fat..........................................               0.10
Cattle, meat.........................................               0.05
Cattle, meat byproducts..............................                1.0
Crayfish.............................................               0.05
Egg..................................................               0.30
Goat, fat............................................               0.10
Goat, meat...........................................               0.05
Goat, meat byproducts................................                1.0
Hog, fat.............................................               0.10
Hog, meat............................................               0.05
Hog, meat byproducts.................................                1.0
Horse, fat...........................................               0.10
Horse, meat..........................................               0.05
Horse, meat byproducts...............................                1.0
Milk.................................................               0.05
Poultry, fat.........................................               0.05
Poultry, meat........................................               0.10
Poultry, meat byproducts.............................               0.50
Rice, bran...........................................                 40
Rice, grain..........................................                 10
Rice, hulls..........................................                 30
Rice, straw..........................................                 75
Sheep, fat...........................................               0.10
Sheep, meat..........................................               0.05
Sheep, meat byproducts...............................                1.0
------------------------------------------------------------------------

* * * * *
0
3. Section 180.278 is revised to read as follows:


Sec. 180.278  Phenmedipham; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the herbicide phenmedipham (3-methoxycarbonylaminophenyl-3'-
methylcarbanilate) in or on the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Beet, garden, roots..................................                0.2
Beet, garden, tops...................................                0.2
Beet, sugar, dried pulp..............................                0.5
Beet, sugar, molasses................................                0.2
Beet, sugar, roots...................................                0.1
Beet, sugar, tops....................................                0.1
Spinach..............................................                4.0
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
0
4. Section 180.314 is revised to read as follows:


Sec. 180.314  Triallate; tolerances for residues.

    (a) General. [Reserved]
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. Tolerances with a 
regional registration, as defined in 180.1(m),are established for 
residues of the herbicide (S-2, 3, 4-trichloroallyl 
diisopropylthiocarbamate) and its metabolite 2, 3, 3-trichloroprop-2-
enesulfonic acid (TCPSA) in or on the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Barley, grain........................................               0.05
Barley, hay..........................................                1.0
Barley, straw........................................                0.3
Beet, sugar, dried pulp..............................                0.2
Beet, sugar, roots...................................                0.1
Beet, sugar, tops....................................                0.5
Pea, dry.............................................                0.2
Pea, field, hay......................................                1.0
Pea, field, vines....................................                0.5
Pea, succulent.......................................                0.2
Wheat, grain.........................................               0.05
Wheat, hay...........................................                1.0
Wheat, straw.........................................                1.0
------------------------------------------------------------------------

    (d) Indirect or inadvertent residues. [Reserved]
0
5. Section 180.339 is revised to read as follows:


Sec. 180.339  MCPA; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
herbicide MCPA ((4-chloro-2-methylphenoxy)acetic acid), both free and 
conjugated, resulting from the direct application of MCPA or its sodium 
or dimethylamine salts, or its 2-ethylhexyl ester in or on the 
following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage......................................                0.5
Alfalfa, hay.........................................                2.0
Barley, grain........................................                1.0
Barley, hay..........................................                 40
Barley, straw........................................                 25
Clover, forage.......................................                0.5
Clover, hay..........................................                2.0
Flax, seed...........................................                0.1
Grass, forage........................................                300
Grass, hay...........................................                 20
Lespedeza, forage....................................                0.5
Lespedeza, hay.......................................                2.0
Oat, forage..........................................                 20
Oat, grain...........................................                1.0
Oat, hay.............................................                115
Oat, straw...........................................                 25
Pea, dry.............................................                0.1
Pea, field, hay......................................                0.1
Pea, succulent.......................................                0.1
Pea, field, vines....................................                0.1
Rye, forage..........................................                 20
Rye, grain...........................................                1.0
Rye, straw...........................................                 25
Trefoil, forage......................................                0.5
Trefoil, hay.........................................                2.0
Vetch, forage........................................                0.5
Vetch, hay...........................................                2.0
Wheat, forage........................................                 20
Wheat, grain.........................................                1.0
Wheat, hay...........................................                115
Wheat, straw.........................................                 25
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the herbicide MCPA 
((4-chloro-2-methylphenoxy)acetic acid) resulting from the direct 
application of MCPA or its sodium or dimethylamine salts, or its 2-
ethylhexyl ester in or on the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Cattle, fat..........................................                0.1
Cattle, meat.........................................                0.1
Cattle, meat byproducts..............................                0.1
Goat, fat............................................                0.1
Goat, meat...........................................                0.1
Goat, meat byproducts................................                0.1
Hog, fat.............................................                0.1
Hog, meat............................................                0.1
Hog, meat byproducts.................................                0.1
Horse, fat...........................................                0.1
Horse, meat..........................................                0.1
Horse, meat byproducts...............................                0.1
Milk.................................................                0.1
Sheep, fat...........................................                0.1
Sheep meat...........................................                0.1
Sheep meat byproducts................................                0.1
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]

[[Page 28889]]

    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
[FR Doc. E7-9912 Filed 5-22-07; 8:45 am]
BILLING CODE 6560-50-S


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