[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18765]


[[Page Unknown]]

[Federal Register: August 3, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 7F3521/P587; FRL-4898-7]
RIN 2070-AC18

 

Pesticide Tolerances for Tefluthrin

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: This document proposes to extend tolerances for the combined 
residues of the synthetic pyrethroid tefluthrin [2,3,5,6-tetrafluoro-4-
methylphenyl)methyl-(1 alpha, 3 alpha)-(Z)-()-3-(2-chloro-
3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecaboxylate] and its 
metabolite, (Z)-3-(2-chloro-3,3,3-trifluoro-1-propenyl)2,2-
dimethylcyclopropanecaboxylic acid, in or on the raw agricultural 
commodities corn, grain, field, and pop; corn, forage and fodder, field 
and pop. This proposal to extend the effective date for tolerances for 
maximum permissible levels of residues of this insecticide in or on 
these commodities was requested by Zeneca Ag Products (previously, ICI 
Americas, Inc.).

DATES: Written comments, identified by the document control number [PP 
7F3521/P587], must be received on or before September 2, 1994.

ADDRESSES: Written comments, identified by the document control number 
[PP 7F3521/P587], may be submitted to: Public Response Section, Field 
Operations Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, Rm. M3708, 401 M St., Washington, DC 
20460. In person, bring comments to Rm. 1132, CM #2, 1921 Jefferson 
Davis Hwy., Arlington, VA.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2. A copy of the comment that does not contain CBI must be 
submitted for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice. All 
written comments will be available for public inspection in Rm. 1132 at 
the Virginia address given above, from 9 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays.

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: The Agency issued a conditional registration 
for tefluthrin for use on corn, grain, field, and pop; corn, forage and 
fodder, field and pop on January 13, 1989. The registration was made 
conditional with a final expiration date of July 31, 1993, since 
certain data were lacking. See the Federal Register (FR) of March 8, 
1989 (54 FR 9887) for specific data requirements. Because of the lack 
of these data the tolerances were established with an expiration date 
of July 31, 1994. (See the Federal Register of February 1, 1989 (54 FR 
5080)).
    On January 22, 1990, the Agency issued a Special Data Call-In 
Notice to Zeneca Ag Products requiring submission of a simulated 
aquatic field test (mesocosm study) to assess long-term aquatic adverse 
effects related to exposure to this pesticide. This data requirement 
was imposed because of a reported fish kill associated with alleged 
misuse of the product and was added to other conditions imposed on the 
registration in January 1989. This study was due by November 30, 1994.
    On October 20 and November 13, 1992, Zeneca Ag Products requested 
an extension of the conditional registration and extension of time to 
November 15, 1994. They also requested a waiver of the mesocosm study 
because of a change in Agency policy on the need for higher tiered fate 
and ecological effects data such as an aquatic field study. The Agency 
reexamined the existing ecological effects database and concluded that 
it had sufficient baseline data to characterize aquatic hazard for this 
pesticide, and the Agency waived the requirement for a mesocosm study. 
However, the Agency still concluded that this pesticide may pose 
aquatic risk from use on corn and agreed to an extension of the 
conditional registration until November 15, 1994, provided Zeneca Ag 
Products submit risk reduction measures designed to reduce the 
potential for exposure of aquatic habitats of concern. Zeneca Ag 
Products agreed to these terms, and on June 14, 1993, the Agency 
extended the conditional registration for tefluthrin on corn to 
November 15, 1994. By November 15, 1994, the Agency intends to complete 
review of all data and other information submitted and to make FIFRA 
section 3(c)(5) or other appropriate regulatory decisions for the corn 
use of tefluthrin.
    To be consistent with the extensions issued for the conditional 
registrations the Agency is proposing to extend the tolerances on corn 
and other affected commodities. The Agency has determined that 
extending the tolerances will protect the human health. Therefore, 
extensions for the tolerances on corn and other affected crops are 
proposed as set forth below.
    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 Register of February 1, 1989 (54 FR 
5061), for corn.
    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 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 
be referred to an Advisory Committee in accordance with section 408(e) 
of FIFRA.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, (PP 7F3521/P587). All written comments filed 
in response to this petition will be available to the Public Response 
Section, at the address given above, from 9 a.m. to 4 p.m., Monday 
through Friday, except legal holidays.
    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 food/
feed additive regulations or raising tolerance or food/feed additive 
regulation 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: July 19, 1994.

Lois Rossi,
Acting Deputy Director, Registration Division, Office of Pesticide 
Programs.

    Therefore, it is proposed that part 180 of chapter I of title 40 of 
the Code of Federal Regulations be amended as follows:

PART 180--[AMENDED]

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

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

    b. By revising Sec. 180.440, to read as follows:


Sec. 180.440   Tefluthrin; tolerances for residues.

    Tolerances, to expire on November 15, 1995, are established for the 
combined residues of the insecticide tefluthrin (2,3,5,6 tetrafluroro-
4-methylphenyl) methyl-(1 alpha, 3 alpha)-(Z)-()-3-(2-
chloro-3,3,3- trifluoro-1-propenyl)-2,2- 
dimethylcyclopropanecarboxylate and its metabolite (Z)-3-(2-chloro-
3,3,3-trifluoro-1-propenyl) 2,2-dimethylcyclopropanecarboxylic acid in 
or on the following commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Corn, grain, field, and pop................................         0.02
Corn, forage and fodder, field and pop.....................         .06 
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[FR Doc. 94-18765 Filed 8-2-94; 8:45 am]
BILLING CODE 6560-50-F