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Tefluthrin (Zeneca). September
30, 1994. Pesticide Tolerances for Corn.
Final Rule. Federal Register.
[Federal Register: September 30, 1994] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [PP 7F3521/R2079; FRL-4908-3] RIN 2070-AB78 Tefluthrin; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document extends tolerances for the combined residues of the synthetic pyrethroid tefluthrin [2,3,5,6-tetrafluoro-4- methylphenyl)methyl)-(1 alpha, 3 alpha)-(Z)-(<plus-minus>)-3-(2-chloro- 3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate] and its metabolite (Z)-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2- dimethylcyclopropanecarboxylic acid in or on the raw agricultural commodities corn, grain, field, and pop; corn, forage and fodder, field and pop. Zeneca Ag Products (previously, ICI Americas, Inc.) requested this regulation to extend the effective date for tolerances for maximum permissible levels of residues of this insecticide in or on these commodities. EFFECTIVE DATE: This regulation becomes effective September 30, 1994. ADDRESSES: Written objections, identified by the document control number, [PP 7F3521/R2079], may be submitted to: Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. 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. Fees accompanying objections shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. FOR FURTHER INFORMATION CONTACT: By mail: George T. LaRocca, Product Manager (PM) 13, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Rm. 202, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6100. SUPPLEMENTARY INFORMATION: In the Federal Register of August 3, 1994 (59 FR 39502), EPA issued a proposed rule to extend to November 15, 1995, tolerances for the combined residues of the insecticide tefluthrin in or on the commodities corn, grain, field and pop; corn forage and fodder, field and pop. Because of the lack of certain data, these tolerances for tefluthrin had been established with an expiration date of July 31, 1994, by a rule published in the Federal Register of February 1, 1989 (54 FR 5080). On October 20 and November 13, 1992, Zeneca Ag Products requested an extension of the conditional registration and extension of time to November 15, 1994. Zenaca also requested a waiver of the mesocosm study because of a change in Agency policy on the need for higher tiered fate and ecological effects data such as an aquatic field study. The Agency reexamined the existing ecological effects database and concluded that it had sufficient baseline data to characterize aquatic hazard for this pesticide, and the Agency waived the requirement for a mesocosm study. However, the Agency still concluded that this pesticide may pose aquatic risk from use on corn and agreed to an extension of the conditional registration until November 15, 1994, provided Zeneca submits risk reduction measures designed to reduce the potential for exposure to aquatic habitats of concern. Zeneca Ag Products agreed to these terms, and on June 14, 1993, the Agency extended the conditional registration for tefluthrin on corn to November 15, 1994. By November 15, 1994, the Agency intends to complete review of all data and other information submitted and to make Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) section 3(c)(5) or other appropriate regulatory decisions for corn use of tefluthrin. There were no comments or requests for referral to an advisory committee received in response to the proposed rule. The data submitted on 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 tolerance extension will protect the public health. Therefore, the tolerance extension is 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). 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: September 21, 1994. Stephen L. Johnson, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR part 180 is amended as follows: PART 180--[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 346a and 371. 2. By revising Sec. 180.440, to read as follows: Sec. 180.440 Tefluthrin; tolerances for residues. Tolerances, to expire on November 15, 1995, are established for the combined residues of the insecticide tefluthrin (2,3,5,6 tetrafluroro- 4-methylphenyl)methyl-(1 alpha, 3 alpha)-(Z)-(<plus-minus>)-3-(2- chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate) and its metabolite (Z)-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2- dimethylcyclopropanecarboxylic acid in or on the following commodities: ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ Corn, grain, field, and pop................................ 0.02 Corn, forage and fodder, field and pop..................... .06 ------------------------------------------------------------------------ [FR Doc. 94-24244 Filed 9-30-94; 8:45 am] BILLING CODE 6560-50-F