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Cyfluthrin. November 14, 1994. Pesticide Tolerance Extension Petition. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1994/November/Day-14/pr-41.html
Federal Register: November 14, 1994] ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186
[PP 8F2034, 7F2013, 4F2993, 2F2623, 4F3046, 2F4144, and 6F3318/P595; FRL-4919-3]
RIN 2070-AC18
Pesticide Tolerances for Permethrin, Cypermethrin, Fenvalerate/ Esfenvalerate, Tralomethrin, Fenpropathrin, Cyfluthrin and LambdaCyhalothrin; Extension of Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: This proposed rule would extend tolerances for the residues of seven synthetic pyrethroids--permethrin, cypermethrin, fenvalerate/ esfenvalerate, tralomethrin, fenpropathrin, cyfluthrin, and lambdacyhalothrin (collectively referred to as the synthetic pyrethroids)--in or on certain raw agricultural commodities. This proposal to extend the effective date for tolerances for maximum permissible levels of residues of these synthetic pyrethroids in or on these commodities was requested by 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)).
DATES: Comments, identified by the document control number [PP 8F2034, 7F2103, 4F2993, 2F2623, 4F3046, 2F4144, and 6F3318/P595], must be submitted on or before December 14, 1994.
ADDRESSES: By mail, submit written comments 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 a copy of the objections and hearing requests to Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
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 February 28, 1994 (59
FR 9411), EPA amended 40 CFR part 180 by extending to November 15, 1994, tolerances
for the residues of seven pyrethroids on cotton and other commodities. The tolerances
were extended to coincide with the extension of the conditional registrations
of these pesticides to allow time for EPA to review data and complete an aquatic
risk assessment for use on cotton. The basis for these extensions is discussed
in detail in the Federal Register of October 20, 1993 (58 FR 54094). On November
15, 1993, EPA again amended the conditional registrations of these pesticides
on cotton by extending the expiration date to November 15, 1996. The registrations
were amended and extended to allow time for submission and evaluation of additional
environmental effects data. In order to evaluate the effects of the synthetic
pyrethroids on fish and aquatic organisms and its fate in the environment, additional
data were required to be collected and submitted during the period of conditional
registration. Such requirements included a sediment bioavailability and toxicity
study and a small-plot runoff study that must be submitted to the Agency by
July 1, 1996.
Tolerances for the synthetic pyrethroid fenpropathrin on cotton have been added
to the list of tolerances being extended since the manufacturer, Valent U.S.A.
Corp., committed to agree to the terms and conditions stipulated by the Agency
for continued registration of current cotton pyrethroid products. (See the Federal
Register of April 14, 1993 (58 FR 19357).) Tolerances for the synthetic pyrethroid
bifenthrin on cotton are not included here since these tolerances were previously
extended to November 15, 1997. (See the Federal Register of September 9, 1994
(59 FR 46190).)
The data submitted in support of these tolerances and other relevant material
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
lambdacyhalothrin. To be consistent with the extensions issued for the
conditional registrations, the Agency is proposing to amend/extend the tolerances
on cottonseed and other commodities with an expiration date of November 15,
1997, to cover residues expected to result from use during the period of conditional
registration.
The pesticide are considered useful for the purposes for which the tolerances
are sought. Based on the information and data considered, the Agency concludes
that extending the tolerances will protect the public health. Therefore, it
is proposed to extend the tolerances as set forth below.
Residues remaining in or on the above raw agricultural commodity after expiration
of these tolerances will not be considered actionable if the pesticide is legally
applied during the term of and in accordance with the provisions of the conditional
registrations. Any person who has registered or submitted an application for
registration of a pesticide, under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) as amended, which contains any of the ingredients listed herein,
may request within 30 days after publication of this document in the Federal
Register that this rulemaking proposal as it relates to the section 408 tolerance
be referred to an Advisory Committee in accordance with section 408(e) of the
FFDCA. Interested persons are invited to submit written comments on the proposed
regulation. Comments must bear a notation indicting the document control number,
[PP 8F2304, 7F2013, 4F2993, 2F2623, 4F3046, 2F4144, and 6F3318/P595]. All written
comments filed in response to these petitions will be available in the Public
Response and Program Resources Branch, at the address given above from 8 a.m.
to 4 p.m., Monday through Friday, except legal holidays. 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 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, Food additives, Feed additives, Pesticides and pests, Records and recordkeeping.
Dated: October 28, 1994.
Lois Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, it is proposed that chapter I of title 40 of the Code of Federal Regulations be 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
*****
Cottonseed................................................. \1\0.2
*****
d. By amending Sec. 180.418 Cypermethrin; tolerances for residues in 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,R)-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 conttonseed 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
*****
Cottonseed................................................. \1\0.05
*****
h. In Sec. 180.466, by revising the table therein, to read as follows:
Sec. 180.466 Fenpropathrin; tolerances for residues.
Parts per Expiration
Commodity million date
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.
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 of 2.0 parts per million that expires 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; CAS Reg. No. 69359-37-5) in cottonseed oil resulting from application of the insecticide to cottonseed.
Parts per Expiration
Commodity million 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 that 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 of 2.0 parts per million that expires November 15, 1997
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.
Parts per Expiration
Commodity million date
Cottonseed hulls.............................. 2.0 Nov. 15, 1997
[FR Doc. 94-27841 Filed 11-10-94; 8:45 am] BILLING CODE 6560-50-F