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Cyfluthrin (Miles Corp., ex-Mobay). December 8, 1994. Pesticide Tolerances. Final Rule. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1994/December/Day-08/pr-71.html
[Federal Register: December 8, 1994]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 1F3923/R2095; FRL-4923-6]
RIN 2070-AB78
Pesticide Tolerances for Cyfluthrin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This rule sets tolerances for residues of the synthetic pyrethroid cyfluthrin in or on the raw agricultural commodities (RAC's) milkfat and the meat, fat, and meat byproducts of cattle. Miles Corp., Animal Products (formerly Mobay Corp.), requested this regulation to amend the tolerances and establish maximum permissible levels for residues of the pesticide.
EFFECTIVE DATE: This regulation becomes effective December 8, 1994.
ADDRESSES: Written objections, identified by the document control number, [PP 1F3923/R2095], 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), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Rm. 200, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6100.
SUPPLEMENTARY INFORMATION: In the Federal Register of October 21, 1994 (59
FR 53130), EPA issued a proposed rule that gave notice that the Miles Corp.
had petitioned EPA under section 408 of the Federal Food, Drug, and Cosmetic
Act, 21 U.S.C. 346a, to establish under 40 CFR 180.436 tolerances for cyfluthrin
(cyano(4-fluoro-3- phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2- dimethylcyclopropanecarboxylate;
CAS Reg. No. 68359-37-5) in or on the RAC's cattle fat, meat, and meat byproducts
at 0.40 part per million (ppm) and milkfat (reflecting 0.08 ppm in whole milk)
at 2.50 ppm. 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 tolerances will protect the public health. Therefore, the tolerances
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).
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: November 29, 1994.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
2. By amending Sec. 180.436 in the table therein by revising the entries for the fat, meat, and meat byproducts (mbyp) of cattle and the entry for milk, to read as follows:
Sec. 180.436 Cyfluthrin; tolerances for residues.
Parts per
Commodity million
*****
Cattle, fat................................................ 0.40 Cattle, meat...............................................
0.40 Cattle, mbyp............................................... 0.40
*****
Milkfat (reflecting 0.08 ppm in whole milk)................ 2.50
*****
[FR Doc. 94-30218 Filed 12-7-94; 8:45 am] BILLING CODE 6560-50-F