[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28353-28355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13261]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186

[PP 9F3731 and FAP 9H5574/R2139; FRL-4955-9]
RIN 2070-AB78


Cyfluthrin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document establishes time-limited tolerances, with an 
expiration date of November 15, 1997, for residues of the synthetic 
pyrethroid cyfluthrin in or on the raw agricultural commodities (RAC's) 
tomatoes; carrots; peppers; radishes; meat, fat, and meat byproducts of 
cattle, goats, hogs, horses, poultry, and sheep; milkfat; and eggs and 
in the food/feed additive commodities tomato, pomace (dry and wet) and 
tomato concentrated products. Bayer Corp., Agricultural Division 
(formerly Miles Corp., Animal Products), requested the tolerances and 
regulations pursuant to the Federal Food, Drug and Cosmetic Act 
(FFDCA). The tolerances and regulations establish maximum permissible 
levels for residues of the pesticide in or on the commodities.

EFFECTIVE DATE: This regulation becomes effective May 31, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 9F3731 and FAP 9H5574/R2139], may be 
submitted to: Hearing Clerk (1900), Environmental Protection Agency, 
Rm. M3708, 401 M St., SW., Washington, DC 20460. Fees accompanying 
objections and hearing requests shall be labeled ``Tolerance Petition 
Fees'' and forwarded to: EPA Headquarters Accounting Operations Branch, 
OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. 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.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Copies of objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of objections and 
hearing requests will also be accepted on disks in WordPerfect in 5.1 
file format or ASCII file format. All copies of objections and hearing 
requests in electronic form must be identified by the docket number [PP 
9F3731 and FAP 9H5574/R2139]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic copies of 
objections and hearing requests on this rule may be filed online at 
many Federal Depository Libraries. Additional information on electronic 
submissions can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: George T. LaRocca, Product 
Manager (PM 13), Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 204, CM #2, 1921 Jefferson Davis 
Hwy., Arlington, VA 22202, (703)-305-6100; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of April 12, 1995 
(60 FR 18561), EPA issued a proposed rule that gave notice that 
pesticide petition (PP) 9H5574 submitted to EPA under section 408(d) of 
the FFDCA proposed to amend 40 CFR 180.436 by establishing time-limited 
tolerances for residues of the insecticide cyfluthrin, cyano(4-fluoro-
3-phenoxyphenyl)-methyl-3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropanecarboxylate, in or on the RAC's tomatoes at 0.20 
part per million (ppm); carrots at 0.20 ppm; peppers at 0.50 ppm; 
radishes at 1.00 ppm; meat, fat, and meat byproducts of cattle, goats, 
hogs, horses, and sheep at 0.40 ppm; meat, fat, and meat byproducts of 
poultry at 0.01 ppm; milkfat (reflecting 0.08 ppm in whole milk) at 
2.50 ppm; and eggs at 0.01 ppm; and pursuant to food/feed additive 
petition (FAP) 9H5574 submitted to EPA under section 409(e) of the 
FFDCA, EPA proposed to amend 40 CFR 185.1250 to establish a time-
limited food additive regulation for tomato, concentrated products at 
0.5 ppm and to amend 40 CFR 186.1250 to establish a time-limited feed 
additive regulation for tomato, pomace (dry and wet) at 5.0 ppm.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted with 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 
tolerance, food additive regulation, and animal feed regulation will 
protect the public health. Therefore, the tolerance, food additive 
regulation, and animal feed regulation 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 [[Page 28354]] issue(s) 
in the manner sought by the requestor would be adequate to justify the 
action requested (40 CFR 178.32).
     A record has been established for this rulemaking under docket 
number [PP 9F3731 and FAP 9H5574/R2139] (including any objections and 
hearing requests submitted electronically as described below). A public 
version of this record, including printed, paper versions of electronic 
comments, which does not include any information claimed as CBI, is 
available for inspection from 8 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The public record is located in Room 
1132 of the Public Response and Program Resources Branch, Field 
Operations Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis 
Highway, Arlington, VA.
    Written objections and hearing requests, identified by the document 
control number [PP 9F3731 and FAP 9H5574/R2139], may be submitted to 
the Hearing Clerk (1900), Environmental Protection Agency, Rm. 3708, 
401 M St., SW., Washington, DC 20460.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to EPA at:
    opp-D[email protected]


    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any objections and hearing requests received 
electronically into printed, paper form as they are received and will 
place the paper copies in the official rulemaking record which will 
also include all objections and hearing requests submitted directly in 
writing. The official rulemaking record is the paper record maintained 
at the address in ADDRESSES at the beginning of this document.
    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 180, 185, and 186

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

    Dated: May 19, 1995.

Stephen L. Johnson,
Director, Registration Division, 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. By amending Sec. 180.436 by revising the table therein, to read 
as follows:


Sec. 180.436   Cyfluthrin; tolerances for residues

* * * * *

------------------------------------------------------------------------
                                           Parts per                    
                Commodity                   million     Expiration date 
------------------------------------------------------------------------
                                                                        
Carrots..................................       0.20  Nov. 15, 1997.    
Cattle, fat..............................       0.40      Do.           
Cattle, meat.............................       0.40      Do.           
Cattle, mbyp.............................       0.40      Do.           
Cottonseed...............................        1.0      Do.           
Eggs.....................................       0.01      Do.           
Goats, fat...............................       0.40      Do.           
Goats, meat..............................       0.40      Do.           
Goats, mbyp..............................       0.40      Do.           
Hogs, fat................................       0.40      Do.           
Hogs, meat...............................       0.40      Do.           
Hogs, mbyp...............................       0.40      Do.           
Hops, fresh..............................        4.0  None.             
Horses, fat..............................       0.40  Nov. 15, 1997.    
Horses, meat.............................       0.40      Do.           
Horses, mbyp.............................       0.40      Do.           
Milkfat (reflecting 0.08 ppm in whole           2.50      Do.           
 milk).                                                                 
Peppers..................................       0.50      Do.           
Poultry, fat.............................       0.01      Do.           
Poultry, meat............................       0.01      Do.           
Poultry, mbyp............................       0.01      Do.           
Radishes.................................       1.00      Do.           
Sheep, fat...............................       0.40      Do.           
Sheep, meat..............................       0.40      Do.           
Sheep, mbyp..............................       0.40      Do.           
Tomato...................................       0.20      Do.           
                                                                        
------------------------------------------------------------------------


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) and removing 
paragraph (b) and designating it as reserved, as follows:


Sec. 185.1250   Cyfluthrin.

    (a) A time-limited tolerance, to expire on November 15, 1997, is 
established for residues of the insecticide cyfluthrin (cyano(4-fluoro-
3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropanecarboxylate) in or on the following food 
commodities:

------------------------------------------------------------------------
                                           Parts per                    
                Commodity                   million     Expiration date 
------------------------------------------------------------------------
                                                                        
Cottonseed oil...........................        2.0  Nov. 15, 1997.    
Tomato, concentrated products............        0.5      Do.           
                                                                        
------------------------------------------------------------------------

    (b) [Reserved]
* * * * *

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.

    [[Page 28355]] b. In Sec. 186.1250, by revising paragraph (a) and 
removing paragraph (b) and designating it as reserved, as follows:


Sec. 186.1250   Cyfluthrin.

    (a) A time-limited tolerance, to expire on November 15, 1997, is 
established for residues of the insecticide cyfluthrin (cyano(4-fluoro-
3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropanecarboxylate) in or on the following feed 
commodities:

------------------------------------------------------------------------
                                                 Parts per    Expiration
                   Commodity                      million        date   
------------------------------------------------------------------------
                                                                        
Cottonseed, hulls.............................          2.0     Nov. 15,
                                                                   1997.
Tomato, pomace (dry and wet)..................          5.0          Do.
------------------------------------------------------------------------

    (b) [Reserved]

*      *      *      *      *

[FR Doc. 95-13261 Filed 5-30-95; 8:45 am]

BILLING CODE 6560-50-F