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Lambda Cyhalothrin (Zeneca; Coopers). July 5, 1995. Pesticide Tolerances. Final Rule. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1995/July/Day-05/pr-323.html
[Federal Register: July 5, 1995 (Volume 60, Number 128)] [Rules and Regulations] 40 CFR Part 180
40 CFR Parts 180, 185, and 186
[PP 1F3992, 2F4109, 2F4114, 7F3488, 7F3560, 9F3770, FAP 7H3560 and 7H5543/R2143;
FRL-4960-6]
RIN 2070-AB78
Lambda Cyhalothrin; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document establishes time-limited tolerances with an expiration date of November 15, 1997, for residues of the synthetic pyrethroid lambda-cyhalothrin in or on the raw agricultural commodities (RACs) soybeans; wheat, forage, hay, straw, and grain dust; sweet corn; sunflower, seeds and forage; sorghum grain and dust; corn (grain, field and pop); corn fodder and forage; peanuts; meat, fat, and meat byproducts (mbyp) and eggs of poultry
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and increased tolerances in milk, fat, and meat and mbyp of cattle, goats, hogs,
horses, and sheep; and in or on the processed food/feed items corn grain flour,
sunflower hulls, sunflower oil, and wheat bran. Zeneca Ag Products, Inc., and
Coopers Animal Health, Inc., submitted petitions to EPA requesting these regulations
pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective July 5, 1995.
ADDRESSES: Written objections and hearing requests, identified by the document
control number, [PP 1F3992, 2F4109, 2F4114, 7F3488, 7F3560, 9F3770, FAP 7H3560,
and 7H5543/R2143], may be submitted to: Hearing Clerk (1900), Environmental
Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. Fees accompanying
objections and hearing requests shall be labeled ``Tolerance Petition Fees''
and forwarded to: EPA Headquarters Accounting Operations Branch, OPP (Tolerance
Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and
hearing requests filed with the Hearing Clerk should be identified by the document
control number and submitted to: Public Response and Program Resources Branch,
Field Operations Division (7506C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, bring copy
of objections and hearing requests to: Rm. 1132, CM #2, 1921 Jefferson Davis
Hwy., Arlington, VA 22202.
A copy of objections and hearing requests filed with the Hearing Clerk may also
be submitted electronically by sending electronic mail (e-mail) to: opp-docket@epamail.epa.gov.
Copies of objections and hearing requests must be submitted as an ASCII file
avoiding the use of special characters and any form of encryption. Copies of
objections and hearing requests will also be accepted on disks in WordPerfect
in 5.1 file format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket number [PP 1F3992,
2F4109, 2F4114, 7F3488, 7F3560, 9F3770, FAP 7H3560, and 7H5543/ R2143]. No Confidential
Business Information (CBI) should be submitted through e-mail. Electronic copies
of objections and hearing requests on this rule may be filed online at many
Federal Depository Libraries. Additional information on electronic submissions
can be found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: George T. LaRocca, Product Manager (PM) 13, Registration Division (7505C), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Second Floor, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6100; e-mail: larocca.george.epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of April 28, 1995 (60 FR
20946), EPA issued a proposed rule that gave notice of a proposed amendment
to 40 CFR parts 180, 185, and 186 to establish various time-limited tolerances
and food/feed additive regulations, to expire on November 15, 1997, for residues
of the pyrethroid lambdacyhalothrin. The proposal was issued pursuant to petitions
submitted to EPA under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346a(d)
and 348(e)) by Zeneca, Inc. (formerly ICI Americas, Inc.),
1800 Concord Pike, Wilmington DE 19897 (PP 7F3488, 78F3560, 1F3992, 2F4109,
2F4114, 7H3560, and 7H5543) and by Coopers Animal Health,
Inc., P.O. Box 419167, Kansas City, MO 64141-0167 (PP 9F3770). There
were no comments or requests for referral to an advisory committee received
in response to the proposed rule. The data submitted with the proposal and other
relevant material have been evaluated and discussed in the proposed rule. Based
on the data and information considered, the Agency concludes that the timelimited
tolerances and food/feed additive regulations will protect the public health.
Therefore, the tolerances and food/feed additive regulations are established
as set forth below. Any person adversely affected by this regulation may, within
30 days after publication of this document in the Federal Register, file written
objections and/or request a hearing with the Hearing Clerk, at the address given
above (40 CFR 178.20). A copy of the objections and/ or hearing requests filed
with the Hearing Clerk should be submitted to the OPP docket for this rulemaking.
The objections submitted must specify the provisions of the regulation deemed
objectionable and the grounds for the objections (40 CFR 178.25). Each objection
must be accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing
is requested, the objections must include a statement of the factual issue(s)
on which a hearing is requested, the requestor's contentions on such issues,
and a summary of any evidence relied upon by the objector (40 CFR 178.27). A
request for a hearing will be granted if the Administrator determines that the
material submitted shows the following: There is a genuine and substantial issue
of fact; there is a reasonable possibility that available evidence identified
by the requestor would, if established, resolve one or more of such issues in
favor of the requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issue(s) in the manner sought by the
requestor would be adequate to justify the action requested (40 CFR 178.32).
A record has been established for this rulemaking under docket number [PP 1F3992,
2F4109, 2F4114, 7F3488, 7F3560, 9F3770, FAP 7H3560, and 7H5543/R2143] (including
any objections and hearing requests submitted electronically as described below).
A public version of this record, including printed, paper versions of electronic
comments, which does not include any information claimed as CBI, is available
for inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The public record is located in Room 1132 of the Public Response and
Program Resources Branch, Field Operations Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis
Highway, Arlington, VA. Written objections and hearing requests, identified
by the document control number [PP 1F3992, 2F4109, 2F4114, 7F3488, 7F3560, 9F3770,
FAP 7H3560, and 7H5543/R2143], may be submitted to the Hearing Clerk (1900),
Environmental Protection Agency, Rm. 3708, 401 M St., SW., Washington, DC 20460.
A copy of electronic objections and hearing requests filed with the Hearing
Clerk can be sent directly to EPA at: opp-Docket@epamail.epa.gov
A copy of electronic objections and hearing requests filed with the Hearing Clerk must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. The official record for this rulemaking, as well as the public version, as described above will be kept in paper form. Accordingly, EPA will transfer any objections and hearing requests received electronically into printed, paper form as they are received and will place the paper copies in the official rulemaking record which will also include all objections and hearing requests submitted directly in writing. The official rulemaking record is the paper record maintained at the address in ``ADDRESSES'' at the beginning of this document.
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Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency must determine
whether the regulatory action is ``significant'' and therefore subject to review
by the Office of Management and Budget (OMB) and the requirements of the Executive
Order. Under section 3(f), the order defines a ``significant regulatory action''
as an action that is likely to result in a rule (1) having an annual effect
on the economy of $100 million or more, or adversely and materially affecting
a sector of the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or communities (also
referred to as ``economically significant''); (2) creating serious inconsistency
or otherwise interfering with an action taken or planned by another agency;
(3) materially altering the budgetary impacts of entitlement, grants, user fees,
or loan programs or the rights and obligations of recipients thereof; or (4)
raising novel legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Pursuant to the terms of the Executive Order, EPA has determined that this rule
is not ``significant'' and is therefore not subject to OMB review.
Pursuant to the requirements of the Regulatory Flexibility Act (Pub. L. 96-354,
94 Stat. 1164, 5 U.S.C. 601-612), the Administrator has determined that regulations
establishing new tolerances or raising tolerance levels or establishing exemptions
from tolerance requirements do not have a significant economic impact on a substantial
number of small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.
Dated: June 5, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, chapter I of title 40 of the Code of Federal Regulations is amended as follows:
PART 180--[AMENDED]
Authority: 21 U.S.C. 346a and 371.
b. By amending Sec. 180.438, by revising the table therein, to read as follows:
Sec. 180.438 Lambda-cyhalothrin; tolerance for residues.
Parts per
Commodity million
PART 185--[AMENDED]
2. In part 185
a. The authority citation for part 185 continues to read as follows:
Authority: 21 U.S.C. 346a and 348.
b. By redesignating Sec. 185.1310 as Sec. 185.3765, by revising the heading, and by adding new paragraph (c), to read as follows:
Sec. 185.3765 Lambda-cyhalothrin.
Parts per
Food million
PART 186--[AMENDED]
3. In part 186
a. The authority citation for part 186 continues to read as follows:
Authority: 21 U.S.C. 348
b. By revising Sec. 186.3765, to read as follows:
Sec. 186.3765 Lambda-cyhalothrin.
A tolerance, to expire on November 15, 1997, is established for the combined residues of the insecticide lambda-cyhalothrin and its epimer expressed as lambda-cyhalothrin, a 1:1 mixture of (S)-<greek-a>-cyano- 3-phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)- 2,2-dimethylcyclopropanecarboxylate and (R)-<greek-a>-cyano-3- phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2- dimethylcyclopropanecarboxylate and its epimer of lambda-cyhalothrin, a 1:1 mixture of (S)-<greek-a>-cyano-3-phenoxybenzyl-(Z)-(1S,3S)-3-(2- chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-<greek-a>-cyano-3-phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate in or on the following feed commodities:
Parts per
Food million
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[FR Doc. 95-16433 Filed 7-3-95; 8:45 am] BILLING CODE 6560-50-F