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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]
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:
(a) * * *
Parts per Commodity million
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:
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
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.
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:
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.
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