[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Pages 16051-16053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7715]
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[[Page 16052]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 185 and 186
[FAP 3H5673, 4H5695, 4H5696/R2119; FRL-4942-9]
RIN 2070-AB78
Food and Feed Additive Regulations for d-Limonene, Dihydro-5-
Pentyl-2(3H)-Furanone, and Dihydro-5-Heptyl-2(3H)-Furanone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes food/feed additive regulations for
residues of the insecticides d-limonene, dihydro-5-pentyl-2(3H)-
furanone, and dihydro-5-heptyl-2(3H)-furanone when used as active
ingredients in insect-repellent tablecloths and in insect-repellent
strips used in food/feed handling establishments. Rod Products Co.
requested these regulations.
EFFECTIVE DATE: These regulations become effective March 29, 1995.
ADDRESSES: Written objections, identified by the document control
number, [FAP 3H5673, 4H5695, 4H5696/R2119], 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
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: Robert A. Forrest, Product
Manager (PM) 14, Registration Division (7505C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Rm. 219, 1921 Jefferson Davis Hwy.,
Arlington, VA 22202, (703)-305-6600; e-mail:
Forrest.R[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of February 8, 1995
(60 FR 7511), EPA issued a proposed rule that gave notice that Rod
Products Co., 4600 Glencoe Ave., No. 4, Marina del Rey, CA 90292-6363,
had submitted to EPA food/feed additive petitions (FAPs) 3H5673,
4H5695, and 4H5696, which requested that the Administrator, pursuant to
section 409 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 348, amend 40 CFR parts 185 and 186 by establishing regulations
for residues for d-limonene, dihydro-5-pentyl-2(3H)-furanone, and
dihydro-5-heptyl-2(3H)-furanone when used as active ingredients in
insecticide-repellent tablecloths used in food/feed-handling
establishments. The registrant subsequently requested the addition of
insect repellent strips used in food/feed handling establishments.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted on the proposal 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 these regulations 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).
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. Under section 3(f),
the order defines a ``significant regulatory action'' as an action that
is likely to result in 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 referred to 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 the rights and obligations of recipients
thereof; 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 the 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 185 and 186
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Food additives, Feed additives, Pesticides
and pests, Reporting and recordkeeping requirements.
Dated: March 22, 1995.
Daniel M. Barolo,
Director, Office of Pesticide Programs.
Therefore, chapter I of title 40 of the Code of Federal Regulations
is amended as follows:
PART 185--[AMENDED]
1. In part 185:
a. The authority citation for part 185 continues to read as
follows:
[[Page 16053]] Authority: 21 U.S.C. 346a and 348.
b. By adding new Secs. 185.1975, 185.1985, and 185.3775, to read as
follows:
Sec. 185.1975 Dihydro-5-heptyl-2(3H)-furanone.
The food additive dihydro-5-heptyl-2(3H)-furanone may be safely
used in accordance with the following conditions:
(a) It is used in combination with the active ingredients d-
limonene and dihydro-5-pentyl-2(3H)-furanone in insect-repellent
tablecloths and in insect-repellent strips used in food-handling
establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and
labeling.
Sec. 185.1985 Dihydro-5-pentyl-2(3H)-furanone.
The food additive dihydro-5-pentyl-2(3H)-furanone may be safely
used in accordance with the following conditions:
(a) It is used in combination with the active ingredients d-
limonene and dihydro-5-heptyl-2(3H)-furanone in insect-repellent
tablecloths and in insect-repellent strips used in food-handling
establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Enviornmental Protection
Agency, and it shall be used in accordance with such label and
labeling.
Sec. 185.3775 d-Limonene.
The food additive d-limonene may be safely used in accordance with
the following conditions:
(a) It is used with the active ingredients dihydro-5-pentyl-2(3H)-
furanone and dihydro-5-heptyl-2(3H)-furanone in insect-repellent
tablecloths and in insect-repellent strips used in food-handling
establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and
labeling.
PART 186--[AMENDED]
2. In part 186:
a. The authority citation for part 186 continues to read as
follows:
Authority: 21 U.S.C. 348.
b. By adding new Secs. 186.1975, 186.1985, and 186.3775, to read as
follows:
Sec. 186.1975 Dihydro-5-heptyl-2(3H)-furanone.
The feed additive dihydro-5-heptyl-2(3H)-furanone may be safely
used in accordance with the following conditions:
(a) It is used in combination with the active ingredients d-
limonene and dihydro-5-pentyl-2(3H)-furanone in insect-repellent
tablecloths and in insect-repellent strips used in feed-handling
establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and
labeling.
Sec. 186.1985 Dihydro-5-pentyl-2(3H)-furanone.
The feed additive dihydro-5-pentyl-2(3H)-furanone may be safely
used in accordance with the following conditions:
(a) It is used in combination with the active ingredients d-
limonene and dihydro-5-heptyl-2(3H)-furanone in insect-repellent
tablecloths and in insect-repellent strips used in feed-handling
establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Enviornmental Protection
Agency, and it shall be used in accordance with such label and
labeling.
Sec. 186.3775 d-Limonene.
The feed additive d-limonene may be safely used in accordance with
the following conditions:
(a) It is used with the active ingredients dihydro-5-pentyl-2(3H)-
furanone and dihydro-5-heptyl-2(3H)-furanone in insect-repellent
tablecloths and in insect-repellent strips used in feed-handling
establishments.
(b) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and
labeling.
[FR Doc. 95-7715 Filed 3-28-95; 8:45 am]
BILLING CODE 6560-50-F