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Cyfluthrin. February 22, 1995. Pesticide Tolerances. Final Rule. Federal Register.


http://www.epa.gov/docs/fedrgstr/EPA-PEST/1995/February/Day-22/pr-149.html

Federal Register: February 22, 1995]

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186

[PP 8F2034, 7F2013, 4F2993, 2F2623, 4F3046, 2F4144, and 6F3318/R2106; FRL-4933-4]
RIN 2070-AB78

Pesticide Tolerances for Permethrin, Cypermethrin, Fenvalerate/ Esfenvalerate, Tralomethrin, Fenpropathrin, Cyfluthrin, and LambdaCyhalothrin; Extension of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: This rule extends tolerances for residues of seven synthetic pyrethroids--permethrin, cypermethrin, fenvalerate/esfenvalerate, tralomethrin, fenpropathrin, cyfluthrin, and lambda-cyhalothrin (collectively referred to as the synthetic pyrethroids)--in or on certain raw agricultural commodities. FMC Corp. (FMC), Zeneca Ag Products, E.I. DuPont de Nemours & Co., Inc., Hoechst-Roussel Agri-Vet Co., Miles, Inc., and Valent U.S.A Corp., collectively called the industry's Pyrethroid Working Group (PWG), requested this rule to extend the effective date for tolerances for maximum permissible levels of residues of these synthetic pyrethroids in or on the commodities.

EFFECTIVE DATE: This regulation becomes effective February 22, 1995.

ADDRESSES: Written objections and hearing requests, identified by the document control number [PP 8F2034, 7F2013, 4F2993, 2F2623, 4F3046, 2F4144, and 6F3318/R2106], 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 should also be submitted to: Public Response and Program Resources Branch, Field Operations Division (7605C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. In person, deliver objections and hearing requests filed with the Hearing Clerk to: Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. 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 [[Page 9784]] Manager (PM) 22, Registration Division (7505C), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Rm. 227, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703-305-6100). SUPPLEMENTARY INFORMATION: In the Federal Register of November 14, 1994 (55 FR 56454), EPA issued a proposed rule to extend to November 15, 1997, tolerances for the residues of the synthetic pyrethroids permethrin, cypermethrin, fenvalerate/esfenvalerate, tralomethrin, fenpropathrin, cyfluthrin, and lambda-cyhalothrin in or on certain commodities. The PWG had submitted petitions to establish tolerances for the synthetic pyrethroids. The data submitted in support of the tolerances and other relevant materials have been reviewed. The toxicological and metabolism data and analytical methods for enforcement purposes considered in support of these tolerances are discussed in detail in related documents published in the Federal Registers of April 25, 1979 (44 FR 24287) for permethrin, January 31, 1979 (44 FR 6098) for fenvalerate, September 18, 1985 (50 FR 37581) for tralomethrin, February 21, 1985 (50 FR 7172) for cypermethrin, January 25, 1988 (53 FR 1923) for cyfluthrin, April 14, 1993 (58 FR 19357) for fenpropathrin, and May 24, 1988 (53 FR 18558) for lambda-cyhalothrin. To be consistent with extensions issued for conditional registrations that have been issued, the Agency is amending and extending tolerances for the synthetic pyrethroids with an expiration date of November 15, 1997, to cover residues expected to result from use during the period of conditional registration. No public comments or requests for referral to an advisory committee were received in response to the notice of proposed rulemaking.
The data submitted in the petitions and other relevant material have been evaluated and discussed in the proposed rule. Therefore, based on the information considered by the Agency and discussed in detail in the proposed rule and based on the Agency's conclusion that the tolerances for residues of the synthetic pyrethroids in or on the commodities will protect the public health, the Agency is establishing the tolerances as set forth below. Any person adversely affected by these regulations may, within 30 days after publication of this document in the Federal Register, file written objections and/or a request for a hearing with the Hearing Clerk, at the address given above (40 CFR 178.20). A copy of the objections and 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 regulations 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 each such issue, 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 all the requirements of the Executive Order (i.e., Regulatory Impact Analysis, review by the Office of Management and Budget (OMB)). Under section 3(f), the order defines ``significant'' as those actions likely to lead to 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 known 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 (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 this Executive Order, EPA has determined that this rule is not ``significant'' and is therefore not subject to OMB review.
Pursuant to the Regulatory Flexibility Act (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq.), 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 Parts 180, 185, and 186

Environmental protection, Administrative practice and procedure, Agricultural commodities, Food additives, Feed additives, Pesticides and pests, Records and recordkeeping.

Dated: February 1, 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]

  1. In part 180:
    a. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 346a and 371.

    b. In Sec. 180.378, by revising the introductory text of paragraph (a), to read as follows:

    Sec. 180.378 Permethrin; tolerances for residues.

    (a) Tolerances, to expire on November 15, 1997, are established for residues of the insecticide permethrin [(3-pheoxyphenyl)methyl 3-(2,2- dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] in or on the following raw agricultural commodities:

    Sec. 180.379 Cyano(3-phenoxy-phenyl)methyl-4-chloro-<greek-a>-(1- methylethyl) benzeneacetate; tolerances for residues.

    (a) * * *


                                                                  Parts per 
                             Commodity                             million  
    

                                                                            
    
    Sec. 180.418 [Amended]

    d. By amending Sec. 180.418 Cypermethrin; tolerances for residues in [[Page 9785]] the introductory text by changing ``November 15, 1994'' to read ``November 15, 1997''.
    e. In Sec. 180.422, by revising the introductory text to read as follows:

    Sec. 180.422 Tralomethrin; tolerances for residues.

    Tolerances, to expire on November 15, 1997, are established for the combined residues of the insecticide tralomethrin ((S)-alpha-cyano-3- phenoxybenzyl (1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-tetrabromoethyl]- cyclopropanecarboxylate; CAS Reg. No. 66841-25-6) and its metabolites (S)-alpha-cyano-3-phenoxybenzyl (1R,3R)-3(2,2-dibromovinyl)-2,2- dimethylcyclopropanecarboxylate and (S)-alpha-cyano-3- phenoxybenzyl(1S,3R)-3-(2,2-dibromovinyl)-2,2- dimethylcyclopropanecarboxylate calculated as the parent in or on the following raw agricultural commodities:

    Sec. 180.436 [Amended]

    f. In Sec. 180.436 Cyfluthrin; tolerances for residues, by amending the entry for cottonseed in the table therein by amending the footnote to the entry by changing ``November 15, 1994'' to read ``November 15, 1997''.
    g. In Sec. 180.438 by amending the table therein by revising the footnote to the entry for cottonseed as follows:

    Sec. 180.438 [1 <greek-a>-(S*),3 <greek-a>-(Z)]-(<plus-minus>)-cyano(3- phenoxyphenyl)methyl 3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2- dimethylcyclopropanecarboxylate; tolerances for residues.


                                                                  Parts per 
                             Commodity                             million  
    

                                                                            
    
    h. In Sec. 180.466, by revising the table therein, to read as follows:

    Sec. 180.466 Fenpropathrin; tolerances for residues.


                         Commodity                            Parts per million               Expiration date       
    

    Cottonseed........................................                           1.0                 Nov. 15, 1997. 
    Cattle, fat.......................................                          0.02                            Do. 
    Cattle, mbyp......................................                          0.02                            Do. 
    Cattle, meat......................................                          0.02                            Do. 
    Eggs..............................................                          0.02                            Do. 
    Goats, fat........................................                          0.02                            Do. 
    Goats, mbyp.......................................                          0.02                            Do. 
    Goats, meat.......................................                          0.02                            Do. 
    Hogs, fat.........................................                          0.02                            Do. 
    Hogs, mbyp........................................                          0.02                            Do. 
    Hogs, meat........................................                          0.02                            Do. 
    Horses, fat.......................................                          0.02                            Do. 
    Horses, mbyp......................................                          0.02                            Do. 
    Horses, meat......................................                          0.02                            Do. 
    Milkfat (reflecting 0.02 ppm in whole milk).......                          0.03                            Do. 
    Poultry, fat......................................                          0.02                            Do. 
    Poultry, mbyp.....................................                          0.02                            Do. 
    Sheep, fat........................................                          0.02                            Do. 
    Sheep, mbyp.......................................                          0.02                            Do. 
    Sheep, meat.......................................                          0.02                            Do. 
    

    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. In Sec. 185.1250, by revising paragraph (a), to read as follows:

    Sec. 185.1250 Cyfluthrin.

    (a) A tolerance, to expire on November 15, 1997, of 2 parts per million is established for residues of the insecticide cyfluthrin (cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2- dimethylcyclopropanecarboxylate; CAS Reg. No. 69359-37-5) in cottonseed oil resulting from application of the insecticide to cottonseed.

    Sec. 185.3225 Fenpropathrin.
                         Commodity                            Parts per million               Expiration date       
    

    Cottonseed oil....................................                           3.0                 Nov. 15, 1997. 
    

    d. In Sec. 185.5450, by revising the introductory text to read as follows:

    Sec. 185.5450 Tralomethrin.

    Tolerances, to expire on November 15, 1997, are established for the combined residues of the insecticide tralomethrin ((S)-alpha-cyano-3- phenoxybenzyl-(1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-tetrabromoethyl]- cyclopropanecarboxylate; CAS Reg. No. 66841-25-6) and its metabolites (S)-alpha-cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-dibromovinyl)-2,2- dimethylcyclopropanecarboxylate and (S)-alpha-cyano-3- phenoxybenzyl(1S,3R)-3-(2,2-dibromovinyl)-2,2- dimethylcyclopropanecarboxylate calculated as the parent in or on the following food commodities when present as a result of application of the insecticide to the growing crops:

    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. In Sec. 186.1250, by revising paragraph (a), to read as follows:

    Sec. 186.1250 Cyfluthrin.

    (a) A tolerance, to expire on November 15, 1997, of 2.0 parts per million is established for residues of the insecticide cyfluthrin (cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2- dimethylcyclo-propanecarboxylate (CAS Reg. No. 69359-37-5)) in cottonseed hulls resulting from application of the insecticide to cottonseed.

    Sec. 186.3225 Fenpropathrin.
                         Commodity                            Parts per million               Expiration date       
    

    Cottonseed hulls..................................                           2.0                 Nov. 15, 1997. 
    

    [FR Doc. 95-4305 Filed 2-16-95; 2:39 pm] BILLING CODE 6560-50-F