[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4209]


[Federal Register: February 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180, 185, and 186

[PP 8F2034, 7F2013, 4F2993, 2F2623, 4F3046, 6F3453, and 6F3318/R2034; 
FRL-4742-8]
RIN 2070-AB78


Pesticide Tolerances for Permethrin, Cypermethrin, Fenvalerate/
Esfenvalerate, Tralomethrin, Bifenthrin, Cyfluthrin, and Lambda-
Cyhalothrin; Extension of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document extends tolerances for the residues of the seven 
synthetic pyrethroids--permethrin, cypermethrin, fenvalerate/
esfenvalerate, tralomethrin, bifenthrin, cyfluthrin, and lambda-
cyhalothrin (collectively referred to as the synthetic pyrethroids)--in 
or on certain raw agricultural commodities. This rule 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., and Miles, Inc. 
(collectively called the industry's Pyrethroid Working Group (PWG)).

EFFECTIVE DATE: This regulation becomes effective February 28, 1994.

ADDRESSES: Written objections, identified by the document control 
number, [PP 8F2034, 7F2013, 4F2993, 2F2623, 4F3046, 6F3453, and 6F3318/
R2034], 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. 1132, 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 54093), EPA issued a proposed rule to amend 40 CFR part 180 by 
extending to November 15, 1994, tolerances for the residues of the 
seven synthetic pyrethroids in or on certain commodities. The 
Pyrethroid Working Group had requested the extension.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted in conjunction with the extension request and in 
previous extensions for the synthetic pyrethroids have been evaluated 
and discussed in the proposed rule. Based on the data and information 
considered, the Agency concludes that the tolerance extensions will 
protect the public health. Therefore, the tolerance extensions 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 Parts 180, 185, and 186

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

    Dated: January 8, 1994.

Douglas D. Campt,
Director, 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, 1994, are established for 
residues of the insecticide permethrin [(3-phenoxyphenyl)methyl 3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] in or on the 
following raw agricultural commodities:
* * * * *
    c. In Sec. 180.379 by amending the table in paragraph (a) by adding 
a footnote to the entry for cottonseed as follows:


Sec. 180.379   Cyano(3-phenoxyphenyl)methyl-4-chloro--(1-
methethyl) benzeneacetate; tolerances for residues.

    (a) *  *  *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Cottonseed.................................................       \1\0.2
                                                                        
                                  *****                                 
------------------------------------------------------------------------
\1\The tolerance for cottonseed expires on November 15, 1994.           

* * * * *


Sec. 180.418   [Amended]

    d. By amending Sec. 180.418 Cypermethrin; tolerances for residues 
in the introductory text by changing ``July 1, 1993,'' to read 
``November 15, 1994,''.
    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, 1994, 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, by amending the table therein by adding a 
footnote to the entry for cottonseed as follows:


Sec. 180.436   Cyfluthrin; tolerances for residues.

* * * * *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Cottonseed.................................................       \1\1.0
                                                                        
                                  *****                                 
------------------------------------------------------------------------
\1\The tolerance for cottonseed expires on November 15, 1994.           

    g. In Sec. 180.438, the section designation ``(a)'' is removed, the 
introductory text is revised, and the
table is amended by adding a footnote to the entry for cottonseed as 
follows:


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

    Tolerances are established for the combined residues of the 
insecticide [1 -(S*),3  (Z)]-()-cyano(3-
penoxyphenyl)methyl 3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylate, in or on the following raw 
agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Cottonseed.................................................      \1\0.05
                                                                        
                                  *****                                 
------------------------------------------------------------------------
\1\The tolerance for cottonseed expires on November 15, 1994.           

    h. In Sec. 180.442 by revising the introductory text, to read as 
follows:


Sec. 180.442  Bifenthrin; tolerances for residues.

    Tolerances, to expire on November 15, 1994, are established for 
residues of the pyrethroid bifenthrin, (2-methyl[1,1'-biphenyl]-3-
yl)methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylate, in or on the following commodities:
* * * * *

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, 1994, 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-
dimethylcyclopropanecarboxylate; CAS Reg. No. 69359-37-5) in cottonseed 
oil resulting from application of the insecticide to cottonseed.
* * * * *
    c. In Sec. 185.5450, by revising the introductory text to read as 
follows:


Sec. 185.5450  Tralomethrin.

    Tolerances, to expire on November 15, 1994, 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, 1994, 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-
dimethylcyclopropanecarboxylate; CAS Reg. No. 68359-37-5) in cottonseed 
hulls resulting from application of the insecticide to cottonseed.
* * * * *

[FR Doc. 94-4209 Filed 2-25-94; 8:45 am]
BILLING CODE 6560-50-F