[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8105]


[[Page Unknown]]

[Federal Register: April 5, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[PP 3F4196/R2045; FRL-4762-3]
RIN 2070-AB78

 

Biochemical Pesticide Plant Floral Volatile Attractant Compounds: 
Cinnamaldehyde, Cinnamyl Alcohol, 4-methoxy Cinnamaldehyde 3-Phenyl 
Propanol, 4-Methoxy Phenethyl Alcohol, Indole, and 1,2,4-
Trimethoxybenzene; Exemption From the Requirement of a Pesticide 
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes an exemption from the requirement of a 
tolerance for residues of the following biochemical pesticide plant 
floral volatile attractant compounds: cinnamaldehyde, cinnamyl alcohol, 
4-methoxy cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl 
alcohol, indole, and 1,2,4-trimethoxybenzene in or on specific raw 
agricultural commodities as dispersed from the pesticidal bait Corn 
Rootworm Bait. Micro Flo Co. petitioned EPA to establish an 
exemption from the requirement of a tolerance for the compounds.

EFFECTIVE DATE: Effective April 5, 1994.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 3F4196/R2045; FRL-4762-3], may be 
submitted to: Hearing Clerk (1900), Environmental Protection Agency, 
Rm. 3708, 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 requests 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: Phillip O. Hutton, Product 
Manager (PM) 18, Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 213, CM #2, 1921 
Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-7096.

SUPPLEMENTARY INFORMATION: In the Federal Register of October 21, 1993 
(58 FR 54353), EPA issued a notice which announced that Micro Flo Co., 
P.O. Box 5948, Lakeland, FL 33807, had submitted a pesticide petition 
(PP 3F4196) to EPA proposing to amend 40 CFR part 180, under section 
408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, by 
establishing a regulation to exempt from the requirement of a tolerance 
residues of the following biochemical pesticide plant floral volatile 
attractant compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy 
cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, 
and 1,2,4-trimethoxybenzene on the following raw agricultural 
commodities: the following field crops--alfalfa, clover, cotton, 
dandelion, peanuts (including hay), rice, sorghum (milo), soybeans, 
sunflower, sweet potatoes, and wheat; the following vegetable crops-- 
asparagus, beans (including forage hay), beets, carrots, celery, cole 
crops (cabbage, broccoli, brussels sprouts, cauliflower), collards 
(kale, mustard greens, turnip greens, kohlrabi), corn, fresh (field, 
sweet, pop, seed), corn fodder and forage, chinese cabbage, cowpeas, 
cucurbitis (cucumbers, squash, pumpkin), egg plant, endive (escarole), 
horseradish (radish, rutabagas, turnip roots), leafy greens (spinach, 
swiss chard), lettuce (head leaf), okra, parsley, parsnip, peas, peas 
with pods, peppers, potatoes, sugar beets, tomatoes; the following tree 
fruit, berry and nut crops--almonds, apples, apricots, berries 
(blackberry, boysenberry, dewberry, loganberry, raspberry), blueberry, 
cherry, citrus (grapefruit, kumquat, lemon, lime, orange, tangelo, and 
tangerine) cranberry, grapes, melons, (watermelon, honeydew, crenshaw, 
cantaloupe, casaba, persian), nectarines, pears, pecans, peaches, and 
strawberry as dispersed from the end-use product Corn 
RootwormBait, a pesticidal bait.
    The Agency has classified the seven floral attractants as 
biochemical pesticides based on their nontoxic mode of action and the 
natural occurrence of the components. The Agency notes that with the 
exception of 4-methoxy phenethyl alcohol and 1,2,4-trimethoxybenzene, 
the various components are used in the flavor and fragrance industry 
and are considered generally recognized as safe by the Flavor and 
Extract Manufacturers Association.

Residue Chemistry Data

    No residue chemistry data were required. The Agency has taken into 
consideration the use pattern of the end-use product, its formulation, 
and the low application rate of the subject plant floral volatile 
attractants from the end-use product. The application rate of the 
subject attractants would be less than or equal to 20 grams of each per 
acre per application, given a maximum label rate of 5 applications of 
10 pounds of Corn Rootworm Bait formulation per acre per 
season.

Toxicology Data

    Furthermore, the Agency has evaluated the toxicology submissions 
provided by the petitioner. Completed mammalian acute toxicology 
studies for the end-use product indicate the following: acute oral 
toxicity in rats (LD50 > 5,000 mg/kg, Toxicity Category IV), acute 
dermal toxicity in rabbits (LD50 > 2,000 mg/kg, Toxicity Category 
III), acute inhalation toxicity in rats (LD50 >6.08 mg/kg, 
Toxicity Category IV), primary dermal irritation in rabbits (Toxicity 
Category IV), primary eye irritation in rabbits (Toxicity Category I), 
dermal sensitization study in guinea pigs (not a sensitizer), and an 
Ames assay (not mutagenic).
    No comments were received in response to the Agency's announcement 
of the petition (PP 3F4196) in the Federal Register of October 21, 1993 
(58 FR 54353) proposing the exemption.
    Based on the information cited above and the conditions of use, the 
Agency has determined that the establishment of an exemption from the 
requirement of a tolerance in 40 CFR part 180 will protect the public 
health. Therefore, the tolerance is established as set forth below.
    Any person adversely affected by this regulation may, within 30 
days after the date of 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. 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 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.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 3 of Executive Order 12291.
    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: March 29, 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 40 CFR part 180 continues to read as 
follows:

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

    2. In subpart D, by adding new Sec.  180.1127, to read as follows:


Sec. 180.1127   Biochemical pesticide plant floral volatile attractant 
compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy cinnamaldehyde, 
3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, and 1,2,4-
trimethoxybenzene; exemptions from the requirement of a tolerance.

    Residues of the biochemical pesticide plant floral volatile 
attractant compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy 
cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, 
and 1,2,4-trimethoxybenzene are exempt from the requirement of a 
tolerance in or on the following raw agricultural commodities: the 
following field crops--alfalfa, clover, cotton, dandelion, peanuts 
(including hay), rice, sorghum (milo), soybeans, sunflower, sweet 
potatoes, and wheat; the following vegetable crops-- asparagus, beans 
(including forage hay), beets, carrots, celery, cole crops (cabbage, 
broccoli, brussels sprouts, cauliflower), collards (kale, mustard 
greens, turnip greens, kohlrabi), corn, fresh (field, sweet, pop, 
seed), corn fodder and forage, chinese cabbage, cowpeas, cucurbitis 
(cucumbers, squash, pumpkin), egg plant, endive (escarole), horseradish 
(radish, rutabagas, turnip roots), leafy greens (spinach, swiss chard), 
lettuce (head leaf), okra, parsley, parsnip, peas, peas with pods, 
peppers, potatoes, sugar beets, tomatoes; the following tree fruit, 
berry and nut crops--almonds, apples, apricots, berries (blackberry, 
boysenberry, dewberry, loganberry, raspberry), blueberry, cherry, 
citrus (grapefruit, kumquat, lemon, lime, orange, tangelo, and 
tangerine) cranberry, grapes, melons, (watermelon, honeydew, crenshaw, 
cantaloupe, casaba, persian), nectarines, pears, pecans, peaches, and 
strawberry as dispersed from the end-use product Corn Rootworm 
Bait, a pesticidal bait, in accordance with the prescribed 
conditions in paragraph (a) of this section.
    (a) Cumulative yearly application cannot exceed 20 grams of each 
floral attractant/acre/application.
    (b) [Reserved].

[FR Doc. 94-8105 Filed 4-4-94; 8:45 am]
BILLING CODE 6560-50-F