Cyfluthrin (Bayer; ex Miles Corp.) May 31, 1995. Time-Limited Pesticide Tolerances. Final Rule. Federal Register.

FLUORIDE ACTION NETWORK PESTICIDE PROJECT

Cyfluthrin (Bayer; ex Miles Corp.). May 31, 1995. Time-Limited Pesticide Tolerances. Final Rule. Federal Register.

http://www.epa.gov/docs/fedrgstr/EPA-PEST/1995/May/Day-31/pr-281.html

[Federal Register: May 31, 1995 (Volume 60, Number 104)] [Rules and Regulations]
[Page 28353-28355]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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

[PP 9F3731 and FAP 9H5574/R2139; FRL-4955-9] RIN 2070-AB78

Cyfluthrin; 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 cyfluthrin in or on the raw agricultural commodities (RAC's) tomatoes; carrots; peppers; radishes; meat, fat, and meat byproducts of cattle, goats, hogs, horses, poultry, and sheep; milkfat; and eggs and in the food/feed additive commodities tomato, pomace (dry and wet) and tomato concentrated products. Bayer Corp., Agricultural Division (formerly Miles Corp., Animal Products), requested the tolerances and regulations pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA). The tolerances and regulations establish maximum permissible levels for residues of the pesticide in or on the commodities.

EFFECTIVE DATE: This regulation becomes effective May 31, 1995.

ADDRESSES: Written objections and hearing requests, identified by the document control number, [PP 9F3731 and FAP 9H5574/R2139], 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 9F3731 and FAP 9H5574/R2139]. 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: Rm. 204, CM #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 12, 1995 (60 FR 18561), EPA issued a proposed rule that gave notice that pesticide petition (PP) 9H5574 submitted to EPA under section 408(d) of the FFDCA proposed to amend 40 CFR 180.436 by establishing time-limited tolerances for residues of the insecticide cyfluthrin, cyano(4-fluoro- 3-phenoxyphenyl)-methyl-3-(2,2-dichloroethenyl)-2,2- dimethylcyclopropanecarboxylate, in or on the RAC's tomatoes at 0.20 part per million (ppm); carrots at 0.20 ppm; peppers at 0.50 ppm; radishes at 1.00 ppm; meat, fat, and meat byproducts of cattle, goats, hogs, horses, and sheep at 0.40 ppm; meat, fat, and meat byproducts of poultry at 0.01 ppm; milkfat (reflecting 0.08 ppm in whole milk) at 2.50 ppm; and eggs at 0.01 ppm; and pursuant to food/feed additive petition (FAP) 9H5574 submitted to EPA under section 409(e) of the FFDCA, EPA proposed to amend 40 CFR 185.1250 to establish a timelimited food additive regulation for tomato, concentrated products at 0.5 ppm and to amend 40 CFR 186.1250 to establish a time-limited feed additive regulation for tomato, pomace (dry and wet) at 5.0 ppm. 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 tolerance, food additive regulation, and animal feed regulation will protect the public health. Therefore, the tolerance, food additive regulation, and animal feed regulation are established 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 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 [[Page 28354]] 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 9F3731 and FAP 9H5574/R2139] (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 9F3731 and FAP 9H5574/R2139], 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. 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 Parts 180, 185, and 186

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

Dated: May 19, 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]

In part 180:
a. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 346a and 371.
b. By amending Sec. 180.436 by revising the table therein, to read as follows:
Sec. 180.436 Cyfluthrin; tolerances for residues
- * * * *
```
                                           Parts per                    
```
Commodity million Expiration date
```
                                                                        
```
Carrots.................................. 0.20 Nov. 15, 1997. Cattle, fat.............................. 0.40 Do. Cattle, meat............................. 0.40 Do. Cattle, mbyp............................. 0.40 Do. Cottonseed............................... 1.0 Do. Eggs..................................... 0.01 Do. Goats, fat............................... 0.40 Do. Goats, meat.............................. 0.40 Do. Goats, mbyp.............................. 0.40 Do. Hogs, fat................................ 0.40 Do. Hogs, meat............................... 0.40 Do. Hogs, mbyp............................... 0.40 Do. Hops, fresh.............................. 4.0 None. Horses, fat.............................. 0.40 Nov. 15, 1997. Horses, meat............................. 0.40 Do. Horses, mbyp............................. 0.40 Do. Milkfat (reflecting 0.08 ppm in whole 2.50 Do.
```
 milk).                                                                 
```
Peppers.................................. 0.50 Do. Poultry, fat............................. 0.01 Do. Poultry, meat............................ 0.01 Do. Poultry, mbyp............................ 0.01 Do. Radishes................................. 1.00 Do. Sheep, fat............................... 0.40 Do. Sheep, meat.............................. 0.40 Do. Sheep, mbyp.............................. 0.40 Do. Tomato................................... 0.20 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) and removing paragraph (b) and designating it as reserved, as follows:
Sec. 185.1250 Cyfluthrin.
(a) A time-limited tolerance, to expire on November 15, 1997, is established for residues of the insecticide cyfluthrin (cyano(4-fluoro- 3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2- dimethylcyclopropanecarboxylate) in or on the following food commodities:
```
                                           Parts per                    
```
Commodity million Expiration date
```
                                                                        
```
Cottonseed oil........................... 2.0 Nov. 15, 1997. Tomato, concentrated products............ 0.5 Do.
```
                                                                        
```
(b) [Reserved]
- * * * *
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.
[[Page 28355]] b. In Sec. 186.1250, by revising paragraph (a) and removing paragraph (b) and designating it as reserved, as follows:
Sec. 186.1250 Cyfluthrin.
(a) A time-limited tolerance, to expire on November 15, 1997, is established for residues of the insecticide cyfluthrin (cyano(4-fluoro- 3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2- dimethylcyclopropanecarboxylate) in or on the following feed commodities:
```
                                                 Parts per    Expiration
                   Commodity                      million        date   
```
```
                                                                        
```
Cottonseed, hulls............................. 2.0 Nov. 15,
```
                                                                   1997.
```
Tomato, pomace (dry and wet).................. 5.0 Do.

(b) [Reserved]
- * * * *
[FR Doc. 95-13261 Filed 5-30-95; 8:45 am]
BILLING CODE 6560-50-F

Tomato, pomace (dry and wet).................. 5.0 Do.