[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Rules and Regulations]
[Page 28881-28889]
[DOCID:fr23my07-16]

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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

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<PHONE_NUMBER>.

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:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     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.
     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<PHONE_NUMBER>.

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<PHONE_NUMBER>; 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-

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.

    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

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;

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:

    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

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]

    (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


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Proposed Rules]
[Pages 10894-10899]
[FR Doc No: 2021-02646]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0013]
RIN 1625-AA08

Special Local Regulations; Sector Ohio Valley Annual and
Recurring Special Local Regulations

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes amending and updating its special
local regulations for recurring marine parades, regattas, and other
events that take place in the Coast Guard Sector Ohio Valley area of
responsibility (AOR). This proposed notice would update the current
list of recurring special local with revisions, additions, and removals
of events that no longer take place in the Sector Ohio Valley AOR. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before March 25, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0013 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Christopher Roble,
Sector Ohio Valley, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port Sector Ohio Valley (COTP) proposes to
update the current list of recurring special local regulations found in
Table 1 of Title 33 of the Code of Federal Regulations (CFR) section
100.801 for events occurring within the Sector Ohio Valley area of
responsibility within the Coast Guard's Eighth District.
    This proposed rule would update the list of annually recurring
special local regulations under 33 CFR 100.801, Table 1, for annual
special local regulations in the Sector Ohio Valley's Area of
Responsibillity (AOR). The Coast Guard will address all comments
through response via the rulemaking process, including additional
revisions to this regulatory section. Additionally, the public would be
informed of these recurring events through local means and planned by
the local communities.
    The current list of annual and recurring special local regulations
occurring in Sector Ohio Valley's AOR is published in 33 CFR 100.801,
Table 1 titled ``Ohio Valley Annual and Reoccuring Marine Events.'' The
most recent list was created June 8, 2020 via 85 FR 34994.
    The Coast Guard's authority for establishing a special local
regulation is contained in 46 U.S.C. 70041(a). The Coast Guard proposes
to amend and update the special local regulations in 33 CFR 100.801,
Table 1, to include the most up to date list of recurring special local
regulations for events held on or around the navigable waters within
Sector Ohio Valley's AOR. These events would include marine parades,
boat races, swim events, and other marine related events. The current
list under 33 CFR 100.801, Table 1, requires amendment to provide new
information on existing special local regulations, add new special
local regulations expected to recur annually or biannually, and to
remove special local regulations that no longer occur. Issuing
individual regulations for each new special local regulation,
amendment, or removal of an existing special local regulation creates
unnecessary administrative costs and burdens. This single proposed
rulemaking will considerably reduce administrative overhead and provide
the public with notice through publication in the Federal Register of
recurring special local regulations in the AOR.

III. Discussion of Proposed Rule

    Part 100 of 33 CFR. contains regulations describing regattas and
marine parades conducted on U.S. navigable waters in order to ensure
the safety of life in the regulated areas. Section 100.801 provides the
regulations applicable to events taking place in the Eighth Coast Guard
District and also provides a table listing each event and special local
regulations. This

section requires amendment from time to time to properly reflect the
recurring special local regulations. This proposed rule would update
Sec.  100.801, Table 1 titled ``Ohio Valley Annual and Reoccuring
Marine Events.''
    This proposed rule would add 1 new recurring special local
regulation to Table 1 of Sec.  100.801 for Sector Ohio Valley, as
follows:

----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
57. 3 days--One weekend in the month   Owensboro HydroFair....  Owensboro, KY..........  Ohio River, Mile 794.0-
 of August.                                                                               760.0 (Kentucky).
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule would be to restrict general
navigation during these events. Vessels intending to transit the
designated waterways during effective periods of the special local
regulations would only be allowed to transit the area when the COTP or
or designated representative, has deemed it would safe to do so or at
the completion of the event.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    The Coast Guard expects the economic impact of this proposed rule
to be minimal, therefore a full regulatory evaluation is unnecessary.
This proposed rule would establishe special local regulations limiting
access to certain areas described in 33 CFR 100.801, Table 1. The
effect of this proposed rulemaking would not be significant because
these special local regulations are limited in scope and duration.
Additionally, the public would be given advance notification through
local forms of notice, the Federal Register, and/or Notices of
Enforcement. Thus, the public would be able to plan their operations
and activities around enforcement times of the special local
regulations. Broadcast Notices to Mariners, Local Notices to Mariners,
and Safety Marine Information Broadcasts would also inform the
community of these special local regulations. Vessel traffic would be
permitted to request permission from the COTP or a designated
representative to enter the restricted areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for reasons stated in section
IV.A. above, this proposed rule would not have a significant economic
impact on any owner or operator because they are limited in scope and
will be in effect for short periods of time.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule would not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning

COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that would not individually or
cumulatively have a significant effect on the human environment.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. of the Instruction because it involves
establishment of special local regulations related to marine event
permits for marine parades, regattas, and other marine events. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.801, revise Table 1 to read as follows:

Sec.  100.801   Annual Marine Events in the Eighth Coast Guard
District.

* * * * *

                Table 1 to Sec.   100.801--Sector Ohio Valley Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
1. 3 days--Second or third weekend in  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
 March.                                 Association/Cardinal                              52.0 (Tennessee).
                                        Invitational.
2. 1 day--Third weekend in March.....  Vanderbilt Rowing/       Nashville, TN..........  Cumberland River, Mile
                                        Vanderbilt Invite.                                188.0-192.7
                                                                                (Tennessee).
3. 2 days--Fourth weekend in March...  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Atomic                                52.0 (Tennessee).
                                        City Turn and Burn.
4. 3 days--One weekend in April......  Big 10 Invitational      Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Regatta.                                          52.0 (Tennessee).
5. 1 day--One weekend in April.......  Lindamood Cup..........  Marietta, OH...........  Muskingum River, Mile
                                                                                0.5-1.5 (Ohio).
6. 3 days--Third weekend in April....  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/SIRA                                  52.0 (Tennessee).
                                        Regatta.
7. 2 days--Third Friday and Saturday   Thunder Over Louisville  Louisville, KY.........  Ohio River, Mile 597.0-
 in April.                                                                                604.0 (Kentucky).
8. 1 day--During the last week of      Great Steamboat Race...  Louisville, KY.........  Ohio River, Mile 595.0-
 April or first week of May.                                                              605.3 (Kentucky).
9. 3 days--Fourth weekend in April...  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Dogwood                               52.0 (Tennessee).
                                        Junior Regatta.
10. 3 days--Second weekend in May....  Vanderbilt Rowing/ACRA   Nashville, TN..........  Cumberland River, Mile
                                        Henley.                                           188.0-194.0
                                                                                (Tennessee).
11. 3 days--Second weekend in May....  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Big 12                                52.0 (Tennessee).
                                        Championships.
12. 3 days--Third weekend in May.....  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Dogwood                               52.0 (Tennessee).
                                        Masters.
13. 1 day--Third weekend in May......  World Triathlon          Chattanooga, TN........  Tennessee River, Mile
                                        Corporation/IRONMAN                               462.7-467.5
                                        70.3.                                             (Tennessee).
14. 1 day--During the last weekend in  Mayor's Hike, Bike and   Louisville, KY.........  Ohio River, Mile 601.0-
 May or on Memorial Day.                Paddle.                                           604.5 (Kentucky).
15. 1 day--The last week in May......  Chickamauga Dam Swim...  Chattanooga, TN........  Tennessee River, Mile
                                                                                470.0-473.0
                                                                                (Tennessee).
16. 2 days--Last weekend in May or     Visit Knoxville/Racing   Knoxville, TN..........  Tennessee River, Mile
 first weekend in June.                 on the Tennessee.                                 647.0-648.0
                                                                                (Tennessee).
17. 2 days--Last weekend in May or     Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Mile
 one weekend in June.                   Chattanooga Swim                                  454.0-468.0
                                        Festival.                                         (Tennessee).

18. 2 days--First weekend of June....  Thunder on the Bay/KDBA  Pisgah Bay, KY.........  Tennessee River, Mile
                                                                                30.0 (Kentucky).
19. 1 day--First weekend in June.....  Visit Knoxville/         Knoxville, TN..........  Tennessee River, Mile
                                        Knoxville Powerboat                               646.4-649.0
                                        Classic.                                          (Tennessee).
20. 1 day--One weekend in June.......  Tri-Louisville.........  Louisville, KY.........  Ohio River, Mile 600.5-
                                                                                604.0 (Kentucky).
21. 2 days--One weekend in June......  New Martinsville         New Martinsville, WV...  Ohio River Mile 127.5-
                                        Vintage Regatta.                                  128.5 (West Virginia).
22. 3 days--One of the last three      Lawrenceburg Regatta/    Lawrenceburg, IN.......  Ohio River, Mile 491.0-
 weekends in June.                      Whiskey City Regatta.                             497.0 (Indiana).
23. 3 days--One of the last three      Hadi Shrine/Evansville   Evansville, IN.........  Ohio River, Mile 790.0-
 weekends in June.                      Shriners Festival.                                796.0 (Indiana).
24. 3 days--Third weekend in June....  TM Thunder LLC/Thunder   Nashville, TN..........  Cumberland River, Mile
                                        on the Cumberland.                                189.6-192.3
                                                                                (Tennessee).
25. 1 day--Third or fourth weekend in  Greater Morgantown       Morgantown, WV.........  Monongahela River, Mile
 June.                                  Convention and                                    101.0-102.0 (West
                                        Visitors Bureau/                                  Virginia).
                                        Mountaineer Triathlon.
26. 1 day--Fourth weekend in June....  Team Magic/Chattanooga   Chattanooga, TN........  Tennessee River, Mile
                                        Waterfront Triathlon.                             462.7-466.0
                                                                                (Tennessee).
27. 1 day--One day in June...........  Guntersville Lake        Guntersville, AL.......  Tennessee River south
                                        Hydrofest.                                        of mile 357.0 in
                                                                                Browns Creek, starting
                                                                                at the AL-69 Bridge,
                                                                                34[deg]21'38'' N,
                                                                                86[deg]20'36'' W, to
                                                                                34[deg]21'14'' N,
                                                                                86[deg]19'4'' W, to
                                                                                the TVA power lines,
                                                                                34[deg]20'9'' N,
                                                                                86[deg]21'7'' W, to
                                                                                34[deg]19'37'' N,
                                                                                86[deg]20'13'' W,
                                                                                extending from bank to
                                                                                bank within the creek.
                                                                                (Alabama).
28. 3 days--The last weekend in June   Madison Regatta........  Madison, IN............  Ohio River, Mile 554.0-
 or one of the first two weekends in                                                      561.0 (Indiana).
 July.
29. 1 day--During the first week of    Evansville Freedom       Evansville, IN.........  Ohio River, Mile 790.0-
 July.                                  Celebration/4th of                                797.0 (Indiana).
                                        July Freedom
                                        Celebration.
30. First weekend in July............  Eddyville Creek Marina/  Eddyville, KY..........  Cumberland River, Mile
                                        Thunder Over Eddy Bay.                            46.0-47.0 (Kentucky).
31. 2 days--One of the first two       Thunder on the Bay/KDBA  Pisgah Bay, KY.........  Tennessee River, Mile
 weekends in July.                                                                        30.0 (Kentucky).
32. 1 day--Second weekend in July....  Bradley Dean/            Florence, AL...........  Tennessee River, Mile
                                        Renaissance Man                                   254.0-258.0 (Alabama).
                                        Triathlon.
33. 1 day--Third or fourth Sunday of   Tucson Racing/           Cincinnati, OH.........  Ohio River, Mile 468.3-
 July.                                  Cincinnati Triathlon.                             471.2 (Ohio).
34. 2 days--One of the last three      Dare to Care/KFC         Louisville, KY.........  Ohio River, Mile 600.0-
 weekends in July.                      Mayor's Cup Paddle                                605.0 (Kentucky).
                                        Sports Races/Voyageur
                                        Canoe World
                                        Championships.
35. 2 days--Last two weeks in July or  Friends of the           Pittsburgh, PA.........  Allegheny River, Mile
 first three weeks of August.           Riverfront Inc./                                  0.0-1.5
                                        Pittsburgh Triathlon                              (Pennsylvania).
                                        and Adventure Races.
36. 1 day--Fourth weekend in July....  Team Magic/Music City    Nashville, TN..........  Cumberland River, Mile
                                        Triathlon.                                        189.7-192.3
                                                                                (Tennessee).
37. 1 day--Last weekend in July......  Maysville Paddlefest...  Maysville, KY..........  Ohio River, Mile 408-
                                                                                409 (Kentucky).
38. 2 days--One weekend in July......  Huntington Classic       Huntington, WV.........  Ohio River, Mile 307.3-
                                        Regatta.                                          309.3 (West Virginia).
39. 2 days--One weekend in July......  Marietta Riverfront      Marietta, OH...........  Ohio River, Mile 171.6-
                                        Roar Regatta.                                     172.6 (Ohio).
40. 1 day--Last weekend in July or     HealthyTriState.org/St.  Huntington, WV.........  Ohio River, Mile 305.1-
 first weekend in August.               Marys Tri State                                   308.3 (West Virginia).
                                        Kayathalon.
41. 1 day--first Sunday in August....  Above the Fold Events/   Ashland City, TN.......  Cumberland River, Mile
                                        Riverbluff Triathlon.                             157.0-159.5
                                                                                (Tennessee).
42. 3 days--First week of August.....  EQT Pittsburgh Three     Pittsburgh, PA.........  Allegheny River mile
                                        Rivers Regatta.                                   0.0-1.0, Ohio River
                                                                                mile 0.0-0.8,
                                                                                Monongahela River mile
                                                                                0.5 (Pennsylvania).
43. 2 days--First weekend of August..  Thunder on the Bay/KDBA  Pisgah Bay, KY.........  Tennessee River, Mile
                                                                                30.0 (Kentucky).
44. 1 day--First or second weekend in  Riverbluff Triathlon...  Ashland City, TN.......  Cumberland River, Mile
 August.                                                                                157.0-159.0
                                                                                (Tennessee).
45. 1 day--One of the first two        Green Umbrella/Ohio      Cincinnati, OH.........  Ohio River, Mile 458.5-
 weekends in August.                    River Paddlefest.                                 476.4 (Ohio and
                                                                                Kentucky).
46. 2 days--Third full weekend         Ohio County Tourism/     Rising Sun, IN.........  Ohio River, Mile 504.0-
 (Saturday and Sunday) in August.       Rising Sun Boat Races.                            508.0 (Indiana and
                                                                                Kentucky).
47. 3 days--Second or Third weekend    Kittanning Riverbration  Kittanning, PA.........  Allegheny River mile
 in August.                             Boat Races.                                       42.0-46.0
                                                                                (Pennsylvania).

48. 3 days--One of the last two        Thunder on the Green...  Livermore, KY..........  Green River, Mile 69.0-
 weekends in August.                                                                      72.5 (Kentucky).
49. 1 day--Fourth weekend in August..  Team Rocket Tri-Club/    Huntsville, AL.........  Tennessee River, Mile
                                        Rocketman Triathlon.                              332.2-335.5 (Alabama).
50. 1 day--Last weekend in August....  Tennessee Clean Water    Knoxville, TN..........  Tennessee River, Mile
                                        Network/Downtown                                  646.3-648.7
                                        Dragon Boat Races.                                (Tennessee).
51. 3 days--One weekend in August....  Pro Water Cross          Charleston, WV.........  Kanawha River, Mile
                                        Championships.                                    56.7-57.6 (West
                                                                                Virginia).
52. 2 days--One weekend in August....  POWERBOAT NATIONALS--    Ravenswood, WV.........  Ohio River, Mile 220.5-
                                        Ravenswood Regatta.                               221.5 (West Virginia).
53. 2 days--One weekend in August....  Powerboat Nationals-     Parkersburg, WV........  Ohio River Mile 183.5-
                                        Parkersburg Regatta/                              285.5 (West Virginia).
                                        Parkersburg Homecoming.
54. 1 day--One weekend in August.....  YMCA River Swim........  Charleston, WV.........  Kanawha River, Mile
                                                                                58.3-61.8 (West
                                                                                Virginia).
55. 3 days--One weekend in August....  Grand Prix of            Louisville, KY.........  Ohio River, Mile 601.0-
                                        Louisville.                                       605.0 (Kentucky).
56. 3 days--One weekend in August....  Evansville HydroFest...  Evansville, IN.........  Ohio River, Mile 790.5-
                                                                                794.0 (Indiana).
57. 3 days--One weekend in the month   Owensboro HydroFair....  Owensboro, KY..........  Ohio River, Mile 794.0-
 of August..                                                                              760.0 (Kentucky).
58. 1 day--First or second weekend of  SUP3Rivers The           Pittsburgh, PA.........  Monongahela River mile
 September.                             Southside Outside.                                0.0-3.09 Allegheny
                                                                                River mile 0.0-0.6
                                                                                (Pennsylvania).
59. 1 day--First weekend in September  Mayor's Hike, Bike and   Louisville, KY.........  Ohio River, Mile 601.0-
 or on Labor Day.                       Paddle.                                           610.0 (Kentucky).
60. 2 days--Sunday before Labor Day    Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Mile 463.0-
 and Labor Day.                         and Proctor and Gamble/                           477.0 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                River Mile 0.0-3.0
                                                                                (Kentucky).
61. 2 days--Labor Day weekend........  Wheeling Vintage Race    Wheeling, WV...........  Ohio River, Mile 90.4-
                                        Boat Association Ohio/                            91.5 (West Virginia).
                                        Wheeling Vintage
                                        Regatta.
62. 3 days- The weekend of Labor Day.  Portsmouth Boat Race/    Portsmouth, OH.........  Ohio River, Mile 355.5-
                                        Breakwater Powerboat                              356.8 (Ohio).
                                        Association.
63. 2 days--One of the first three     Louisville Dragon Boat   Louisville, KY.........  Ohio River, Mile 602.0-
 weekends in September.                 Festival.                                         604.5 (Kentucky).
64. 1 day--One of the first three      Cumberland River         Nashville, TN..........  Cumberland River, Mile
 weekends in September.                 Compact/Cumberland                                189.7-192.1
                                        River Dragon Boat                                 (Tennessee).
                                        Festival.
65. 2 days--One of the first three     State Dock/Cumberland    Jamestown, KY..........  Lake Cumberland
 weekends in September.                 Poker Run.                                        (Kentucky).
66. 3 days--One of the first three     Fleur de Lis Regatta...  Louisville, KY.........  Ohio River, Mile 600.0-
 weekends in September.                                                                   605.0 (Kentucky).
67. 1 day--Second weekend in           City of Clarksville/     Clarksville, TN........  Cumberland River, Mile
 September.                             Clarksville Riverfest                             125.0-126.0
                                        Cardboard Boat Regatta.                           (Tennessee).
68. 1 day--One Sunday in September...  Ohio River Sternwheel    Marietta, OH...........  Ohio River, Mile 170.5-
                                        Festival Committee                                172.5 (Ohio).
                                        Sternwheel race
                                        reenactment.
69. 1 Day--One weekend in September..  Parkesburg Paddle Fest.  Parkersburg, WV........  Ohio River, Mile 184.3-
                                                                                188 (West Virginia).
70. 1 day--One weekend in September..  Shoals Dragon Boat       Florence, AL...........  Tennessee River, Mile
                                        Festival.                                         255.0-257.0 (Alabama).
71. 2 days--One of the last three      Madison Vintage Thunder  Madison, IN............  Ohio River, Mile 556.5-
 weekends in September.                                                                   559.5 (Indiana).
72. 1 day--Third Sunday in September.  Team Rocket Tri Club/    Huntsville, AL.........  Tennessee River, Mile
                                        Swim Hobbs Island.                                332.3-338.0 (Alabama).
73. 1 day--Fourth or fifth weekend in  Knoxville Open Water     Knoxville, TN..........  Tennessee River, Mile
 September.                             Swimmers/Bridges to                               641.0-648.0
                                        Bluffs.                                           (Tennessee).
74. 1 day--Fourth or fifth Sunday in   Green Umbrella/Great     Cincinnati, OH.........  Ohio River, Mile 468.8-
 September.                             Ohio River Swim.                                  471.2 (Ohio and
                                                                                Kentucky).
75 1 day--One of the last two          Ohio River Open Water    Prospect, KY...........  Ohio River, Mile 587.0-
 weekends in September.                 Swim.                                             591.0 (Kentucky).
76. 2 days--One of the last three      Captain Quarters         Louisville, KY.........  Ohio River, Mile 594.0-
 weekends in September or the first     Regatta.                                          598.0 (Kentucky).
 weekend in October.
77. 3 days--One of the last three      Owensboro Air Show.....  Owensboro, KY..........  Ohio River, Mile 754.0-
 weekends in September or one of the                                                      760.0 (Kentucky).
 first two weekends in October.
78. 1 day--Last weekend in September.  World Triathlon          Chattanooga, TN........  Tennessee River, Mile
                                        Corporation/IRONMAN                               462.7-467.5
                                        Chattanooga.                                      (Tennessee).

79. 3 days--Last weekend of September  New Martinsville         New Martinsville, WV...  Ohio River, Mile 128-
 and/or first weekend in October.       Records and Regatta                               129 (West Virginia).
                                        Challenge Committee.
80. 2 days--First weekend of October.  Three Rivers Rowing      Pittsburgh, PA.........  Allegheny River mile
                                        Association/Head of                               0.0-5.0
                                        the Ohio Regatta.                                 (Pennsylvania).
81. 1 day--First or second weekend in  Lookout Rowing Club/     Chattanooga, TN........  Tennessee River, Mile
 October.                               Chattanooga Head Race.                            463.0-468.0
                                                                                (Tennessee).
82. 3 days--First or Second weekend    Vanderbilt Rowing/Music  Nashville, TN..........  Cumberland River, Mile
 in October.                            City Head Race.                                   189.5-196.0
                                                                                (Tennessee).
83. 2 days--First or second week of    Head of the Ohio Rowing  Pittsburgh, PA.........  Allegheny River, Mile
 October.                               Race.                                             0.0-3.0
                                                                                (Pennsylvania).
84. 2 days--One of the first three     Norton Healthcare/       Louisville, KY.........  Ohio River, Mile 600.5-
 weekends in October.                   Ironman Triathlon.                                605.5 (Kentucky).
85. 2 days--Two days in October......  Secret City Head Race    Oak Ridge, TN..........  Clinch River, Mile 49.0-
                                        Regatta.                                          54.0 (Tennessee).
86. 3 days--First weekend in November  Atlanta Rowing Club/     Chattanooga, TN........  Tennessee River, Mile
                                        Head of the Hooch                                 463.0-468.0
                                        Rowing Regatta.                                   (Tennessee).
87. 1 day--One weekend in November or  Charleston Lighted Boat  Charleston, WV.........  Kanawha River, Mile
 December.                              Parade.                                           54.3-60.3 (West
                                                                                Virginia).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: Feburary 2, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-02646 Filed 2-22-21; 8:45 am]
BILLING CODE 9110-04-P