[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4212]


[[Page Unknown]]

[Federal Register: February 25, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 4F3011 and PP 7F3498/R2033; FRL-4742-7]
RIN 2070-AB78

 

Pesticide Tolerances for Cypermethrin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes tolerances for residues of the 
pesticide chemical [()alpha-cyano(3-
phenoxyphenyl)methyl()-cis,trans-3(2,2-dichloroethenyl)-
2,2-dimethylcyclopropanecarboxylate) in or on the raw agricultural 
commodities (RACs) cabbage at 2.0 parts per million (ppm) and onions at 
0.1 ppm. This regulation proposes to establish maximum permissible 
levels for residues of the pesticide chemical requested pursuant to 
petitions submitted by FMC Corp.

EFFECTIVE DATE: This regulation becomes effective February 25, 1994.

ADDRESSES: Written objections, identified by the document control 
number, [PP 4F3011 and PP 7F3498/R2033], 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 
request to: Rm. 1128, 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), 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 Highway, Arlington, VA 22202, (703)-305-6100.

SUPPLEMENTARY INFORMATION: In the Federal Register of October 20, 1993 
(58 FR 54092), EPA issued a proposed rule that gave notice that the FMC 
Corp., 1735 Market St., Philadelphia, PA 19103, had submitted pesticide 
petitions (PP) 4F3011 and 7F3498 proposing to amend 40 CFR part 180 by 
establishing tolerances for residues of cypermethrin [() 
alpha-cyano-(3-phenoxyphenyl)methyl ()-cis, trans-3(2,2-
dimethylcyclopropanecarboxylate)] and its metabolites dichlorovinyl 
acid (DCVA) and m-phenoxybenzoic acid (MPB-Acid) and cyperamide under 
section 408(b) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 
346a(b)) in or on the raw agricultural commodities cabbage at 1.5 parts 
per million (ppm) and bulb onions at 0.1 ppm.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted in the petition 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).
    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.
    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: January 8, 1994.

Douglas D. Campt,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    2. By amending Sec. 180.418 in the table therein, by adding and 
alphabetically inserting the following raw agricultural commodities, to 
read as follows:


Sec. 180.418   Cypermethrin; tolerances for residues.

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                                                              Parts per 
                         Commodity                             million  
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Cabbage....................................................          2.0
                                                                        
                                  *****                                 
Onions, bulb...............................................         0.10
                                                                        
                                  *****                                 
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[FR Doc. 94-4212 Filed 2-24-94; 8:45 am]
BILLING CODE 6560-50-F