[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Rules and Regulations]
[Pages 78374-78382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22288]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0769; FRL-8093-6]


Zeta-Cypermethrin; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for residues of the 
insecticide zeta-cypermethrin, in or on almond, hulls; animal feed, 
nongrass, group 18, forage; animal feed, nongrass, group 18, hay; 
berry, group 13; cilantro, leaves; food/feed items (other than those 
covered by a higher tolerance as a result of use on growing crops) in 
food/feed handling establishments; fruit, pome, group 11; fruit, stone, 
group 12; grape; grass, forage, group 17; grass, hay, group 17; nut, 
tree, group 14; peanut; rapeseed; sunflower; sunflower, refined oil; 
turnip, greens; vegetable, cucurbit, group 9; and vegetable, root and 
tuber, group 1, except sugar beet. FMC Corporation and Interregional 
Research Project Number 4 (IR-4) requested this tolerance under the 
Federal Food, Drug and Cosmetic Act (FFDCA), as amended by the Food 
Quality Protection Act of 1996 (FQPA).

DATES: This regulation is effective December 29, 2006. Objections and 
requests for hearings must be received on or before February 27, 2007, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0769. All documents in the 
docket are listed in the index for the docket. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov or, if 
only available in hard copy, at the OPP Regulatory Public Docket in 
Room S-4400, One Potomac Yard (South Building), 2777 South Crystal 
Drive, Arlington, VA 22202-3553. The Docket Facility is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Linda DeLuise, Registration Division, 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460-0001; telephone number: 
(703) 305-5428; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111), e.g., agricultural workers; 
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., cattle ranchers 
andfarmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., agricultural 
workers; commercial applicators; farmers; greenhouse, nursery, and 
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal 
Register document through the electronic docket at http://www.regulations.gov, you may access this Federal Register document

[[Page 78375]]

electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr. You may also access a 
frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178. You must file your objection or 
request a hearing on this regulation in accordance with the 
instructions provided in 40 CFR part 178. To ensure proper receipt by 
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0769 in the 
subject line on the first page of your submission. All requests must be 
in writing, and must be mailed or delivered to the Hearing Clerk on or 
before February 27, 2007.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2006-0769, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Room S-4400, One Potomac Yard (South 
Building), 2777 South Crystal Drive, Arlington, VA 22202-3553. 
Deliveries are only accepted during the Docket's normal hours of 
operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays). Special arrangements should be made for deliveries of boxed 
information. The Docket telephone number is (703) 305-5805.

II. Background and Statutory Findings

    In the Federal Register of November 8, 2000 (65 FR 67003) (FRL-
6750-2); August 2, 2002 (67 FR 50430) (FRL-7185-9); July 16, 2003 (68 
FR 42030) (FRL-7314-7); March 16, 2005 (70 FR 12874) (FRL-7705-2); May 
10, 2006 (71 FR 27243) (FRL-8067-8); and August 25, 2006 (71 FR 50414) 
(FRL-8088-9), EPA issued notices pursuant to section 408(d)(3) of 
FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of pesticide 
petitions (PP 1F3994; PP 2F6444; PP 3E6677; PP 3F6577; PP 4F6893; and 
PP 5F6896) by FMC Corporation, 1735 Market Street, Philadelphia, PA 
19103-7597 and Interregional Research Project Number 4 (IR-4), 681 U.S. 
Highway 1 South, North Brunswick, NJ 08902-3390. These 
petitions requested that 40 CFR 180.418 be amended by establishing a 
tolerance for residues of the insecticide zeta-cypermethrin, (S)-
cyano(3-phenoxyphenyl)methyl ()-cis-trans-3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate), in or on barley, 
grain at 0.5 parts per million (ppm) (5F6896); barley, hay at 2 ppm 
(5F6896); barley, straw at 4 ppm (5F6896); berries group at 0.5 ppm 
(5F6896); canola, meal at 0.05 ppm (5F6896); canola, oil at 0.6 ppm 
(5F6896); canola, seed at 0.05 ppm (5F6896); cilantro at 10 ppm 
(3E6677); cucurbit vegetables at 0.1 ppm (2F6444); food/feed items 
(other than those covered by a higher tolerance as a result of use on 
growing crops) in food/feed handling establishments at 0.05 ppm 
(4F6893); fruit, pome, group 11 at 0.6 ppm (3F6577); fruit, stone, 
group 12 at 0.9 ppm (3F6577); grapes at 1 ppm (5F6896); grass, forage 
at 7 ppm (5F6896); grass, hay at 22 ppm (5F6896); grass, straw at 8 ppm 
(5F6896); grass, screenings at 12 ppm (5F6896); juice, grape at 0.05 
ppm (5F6896); nongrass animal feed, forage at 10 ppm (5F6896); nongrass 
animal feed, hay at 33 ppm (5F6896); peanuts at 0.05 ppm (2F6444); 
raisins at 0.2 ppm (5F6896); root and tuber vegetables, roots at 0.1 
ppm (2F6444); sunflower at 0.2 ppm (1F3994); sunflower oil at 0.2 ppm 
(1F3994); tree nut group, nutmeat at 0.05 ppm (5F6896); tree nut group, 
hulls at 3 ppm (5F6896); and turnip greens at 14 ppm (3E6677). These 
notices included a summary of the petition prepared by FMC Corporation, 
the registrant, and IR-4. There were no comments received in response 
to these notices of filing.
    The proposed tolerances were later amended as follows: almond, 
hulls at 6 ppm (5F6896); animal feed, nongrass, group 18, forage at 8 
ppm (5F6896); animal feed, nongrass, group 18, hay at 40 ppm (5F6896); 
berry, group 13 at 0.8 ppm (5F6896); cilantro, leaves at 10 ppm 
(3E6677); food/feed items (other than those covered by a higher 
tolerance as a result of use on growing crops) in food/feed handling 
establishments at 0.05 ppm (4F6893); fruit, pome, group 11 at 2 ppm 
(3F6577); fruit, stone, group 12 at 1 ppm (3F6577); grape at 2 ppm 
(5F6896); grass, forage, group 17 at 10 ppm (5F6896); grass, hay, group 
17 at 35 ppm (5F6896); nut, tree, group 14 at 0.05 ppm (5F6896); peanut 
at 0.05 ppm (2F6444); rapeseed at 0.2 ppm (5F6896); sunflower at 0.2 
ppm (1F3994); sunflower, refined oil at 0.5 ppm (1F3994); turnip, 
greens at 14 ppm (3E6677); vegetable, cucurbit, group 9 at 0.2 ppm 
(2F6444); and vegetable, root and tuber, group 1, except sugar beet at 
0.1 ppm (2F6444).
    For various reasons, EPA has decided not to establish several of 
the proposed tolerances. The proposed tolerances for canola meal, 
canola oil, grape juice and raisins oil are not being established 
because grape and canola processing studies indicate that residues in 
these processed commodities do not concentrate above the tolerance 
level in raw commodity. The proposed tolerances in barley grain, hay 
and straw are not being established because there was an inadequate 
number of residue field trials submitted in support of these 
tolerances. The proposed tolerances for grass screenings and grass 
straw are not being established because these commodities are not 
significant livestock feed items.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. For further discussion of the 
regulatory requirements of section 408 of the FFDCA and a complete 
description of the risk assessment process, see http://

[[Page 78376]]

www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the 
available scientific data and other relevant information in support of 
this action. EPA has sufficient data to assess the hazards of and to 
make a determination on aggregate exposure, consistent with section 
408(b)(2) of FFDCA, for a tolerance for residues of zeta-cypermethrin, 
in or on almond, hulls at 6 ppm; animal feed, nongrass, group 18, 
forage at 8 ppm; animal feed, nongrass, group 18, hay at 40 ppm; berry, 
group 13 at 0.8 ppm; cilantro, leaves at 10 ppm; food/feed items (other 
than those covered by a higher tolerance as a result of use on growing 
crops) in food/feed handling establishments at 0.05 ppm; fruit, pome, 
group 11 at 2 ppm; fruit, stone, group 12 at 1 ppm; grape at 2 ppm; 
grass, forage, group 17 at 10 ppm; grass, hay, group 17 at 35 ppm; nut, 
tree, group 14 at 0.05 ppm; peanut at 0.05 ppm; rapeseed at 0.2 ppm; 
sunflower at 0.2 ppm; sunflower, refined oil at 0.5 ppm; turnip, greens 
at 14 ppm; vegetable, cucurbit, group 9 at 0.2 ppm; and vegetable, root 
and tuber, group 1, except sugar beet at 0.1 ppm. EPA's assessment of 
exposures and risks associated with establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. The toxicology database for zeta-cypermethrin/cypermethrin is 
complete, and there are no data gaps. The specific quality is 
relatively high and the toxicity profile of zeta-cypermethrin can be 
characterized for all effects, including potential developmental, 
reproductive, neurotoxic, carcinogenic and mutagenic effects.
    More detailed information on the studies received and the nature of 
the toxic effects caused by zeta-cypermethrin as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies can be found in the 
document entitled, zeta-cypermethrin: Revised Human Health Risk 
Assessment for Proposed Uses on Numerous Raw Agricultural Commodities. 
Petitions: 3F6577, 3E6677, 2F6444, 4F6893 and 5F6896 for the 
Establishment of Tolerances on Various Raw Agricultural, Processed 
Commodities and Food Items in Food Handling Establishments. PC Code: 
109702, D334263. Regulatory Action: Section 3. Risk Assessment Type: 
Zeta-Cypermethrin/Cypermethrin Aggregate,'' dated November 29, 2006, by 
going to http://www.regulations.gov, and searching for docket ID number 
EPA-HQ-OPP-2006-0769. Locate and click on the hyperlink for EPA 
document ID number EPA-HQ-OPP-2006-0769-0031. Double-click on the 
document to view the referenced information on pages 16-20.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no 
appreciable risk, the dose at which no adverse effects are observed 
(the NOAEL) from the toxicology study identified as appropriate for use 
in risk assessment is used to estimate the toxicological level of 
concern (LOC). However, the lowest dose at which adverse effects of 
concern are identified (the LOAEL) is sometimes used for risk 
assessment if no NOAEL was achieved in the toxicology study selected. 
An uncertainty factor (UF) is applied to reflect uncertainties inherent 
in the extrapolation from laboratory animal data to humans and in the 
variations in sensitivity among members of the human population as well 
as other unknowns.
    The linear default risk methodology (Q*) is the primary method 
currently used by the Agency to quantify non-threshold hazards such as 
cancer. The Q* approach assumes that any amount of exposure will lead 
to some degree of cancer risk and estimates risk in terms of the 
probability of occurrence of additional cancer cases. More information 
can be found on the general principles EPA uses in risk 
characterization at http://www.epa.gov/pesticides/health/human.htm.
    A summary of the toxicological endpoints for zeta-cypermethrin used 
for human risk assessment is shown below in Table 1 of this unit:

             Table 1.--Summary of Toxicological Dose and Endpoints for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                                                  FQPA SF and Level of
          Exposure/Scenario               Dose Used in Risk         Concern for Risk     Study and Toxicological
                                           Assessment, UF*             Assessment                Effects
----------------------------------------------------------------------------------------------------------------
Acute Dietary (U.S. general            NOAEL = 10 mg/kg/day     FQPA SF = 1x             Acute neurotoxicity
 population including infants and      UF = 100x..............  aPAD = acute RfD / FQPA   study - rat (zeta-
 children)                             Acute RfD = 0.1 mg/kg/    SF = 0.1 mg/kg/day.      cypermethrin);
                                        day.                                             LOAEL = 50 mg/kg/day
                                                                                          based on clinical
                                                                                          signs of neurotoxicity
                                                                                          and changes in the
                                                                                          FOB.
----------------------------------------------------------------------------------------------------------------
Chronic Dietary (All populations)      NOAEL = 6 mg/kg/day      FQPA SF = 1x             Chronic feeding study -
                                       UF = 100x..............   cPAD = chronic RfD /     dog;
                                       Chronic RfD = 0.06 mg/    FQPA SF = 0.06 mg/kg/   LOAEL = 20.4/18.1 mg/kg/
                                        kg/day.                  day.                     day based on clinical
                                                                                          signs of neurotoxicity
                                                                                          and mortality in
                                                                                          males, and decreased
                                                                                          body weight and body
                                                                                          weight gain in
                                                                                          females.
----------------------------------------------------------------------------------------------------------------
Short- and Intermediate-Term           NOAEL = 7.4 mg/kg/day    Residential LOC for MOE  Developmental
 Incidental Oral (1 day to 6 months)                             = 100                    neurotoxicity study -
                                                                Occupational LOC for      rat (zeta-
                                                                 MOE = N/A.               cypermethrin);
                                                                                         LOAEL = 17 mg/kg/day
                                                                                          based on decreased
                                                                                          body weight in the
                                                                                          offspring.
----------------------------------------------------------------------------------------------------------------

[[Page 78377]]

 
Short- and Intermediate-Term Dermal    NOAEL = 7.4 mg/kg/day    Residential LOC for MOE  Developmental
 (Infants and Children Only; 1 day to   (dermal absorption       = 100                    neurotoxicity study -
 6 months)                              rate = 2.5%)                                      rat (zeta-
                                                                                          cypermethrin);
                                                                                         LOAEL = 17 mg/kg/day
                                                                                          based on decreased
                                                                                          body weight in the
                                                                                          offspring.
----------------------------------------------------------------------------------------------------------------
Short- and Intermediate-Term Dermal    None.                    Occupational LOC for     No systemic effects
 (Adults, Workers; 1 day to 6 months)                            MOE = N/A                were observed in a 21-
                                                                                          day dermal study (zeta-
                                                                                          cypermethrin) up to
                                                                                          1,000 mg/kg/day and
                                                                                          there is no
                                                                                          developmental concern.
                                                                                          No hazard identified
                                                                                          to support
                                                                                          quantification of
                                                                                          risk.
----------------------------------------------------------------------------------------------------------------
Long-Term Dermal (>6 months)           NOAEL = 6 mg/kg/day      Residential LOC for MOE  Chronic feeding study -
                                        (dermal absorption       = 100                    dog;
                                        rate = 2.5%)            Occupational LOC for     LOAEL = 20.4/18.1 mg/kg/
                                                                 MOE = 100.               day based on clinical
                                                                                          signs of neurotoxicity
                                                                                          and mortality in
                                                                                          males, and decreased
                                                                                          body weight and body
                                                                                          weight gain in
                                                                                          females.
----------------------------------------------------------------------------------------------------------------
Short- and Intermediate-Term           NOAEL = 2.7 mg/kg/day    Residential LOC for MOE  21-day inhalation study
 Inhalation (1 to 6 months)             (inhalation absorption   = 100                    - rat;
                                        rate = 100% oral        Occupational LOC for     LOAEL = 0.05 mg/kg/day
                                        equivalent)              MOE = 100.               based on decreases in
                                                                                          body weight and
                                                                                          salivation.
----------------------------------------------------------------------------------------------------------------
Long-Term Inhalation (>6 months)       NOAEL = 2.7 mg/kg/day    Residential LOC for MOE  21-day inhalation study
                                        (inhalation absorption   = 300                    - rat;
                                        rate = 100% oral        Occupational LOC for      LOAEL = 0.05 mg/kg/day
                                        equivalent)              MOE = 300 (For the       based on decreases in
                                                                 lack of an alternative   body weight and
                                                                 study. Route-to-route    salivation.
                                                                 estimation would
                                                                 result in a less
                                                                 protective endpoint.).
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal, inhalation)        Zeta-Cypermethrin has been classified as a Category C (possible human
                                         carcinogen); therefore, no quantification is required. The chronic RfD/
                                         PAD will adequately account for all chronic toxicity effects, including
                                           carcinogenicity, likely to result from exposure to this pesticide.
----------------------------------------------------------------------------------------------------------------
\*\UF = uncertainty factor; FQPA SF = any additional safety factor retained to account for data deficiencies or
  residual concerns unique to the FQPA; NOAEL = no observed adverse effect level; LOAEL = lowest observed
  adverse effect level; PAD = population adjusted dose (a = acute, c = chronic); RfD = reference dose; MOE =
  margin of exposure; LOC = level of concern; and N/A = not applicable.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been 
established (40 CFR 180.418) for the residues of zeta-cypermethrin, 
(S)-cyano(3-phenoxyphenyl)methyl ()-cis-trans-3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate), in or on a 
variety of raw agricultural commodities. Risk assessments were 
conducted by EPA to assess dietary exposures from zeta-cypermethrin in 
food. Modeled drinking water estimates were included in both the acute 
and chronic dietary exposure analyses as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a one-day or single exposure.
    The Agency conducted an unrefined acute dietary exposure assessment 
using the Dietary Exposure Evaluation Model software with the Food 
Commodity Intake Database (DEEM-FCID\TM\, Version 2.03). This analysis 
evaluated the individual food consumption as reported by respondents in 
the USDA 1994-1996 and 1998 nationwide Continuing Surveys of Food 
Intake by Individuals (CSFII) and accumulated exposure to the chemical 
for each commodity. The acute analysis is based on Tier 1 assumptions 
of tolerance-level residues for existing uses and Agency-recommended 
tolerance levels for the numerous proposed new uses and 100% crop 
treated (CT) for all commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment, the DEEM-FCID\TM\ analysis evaluated the individual food 
consumption data as reported by respondents in the USDA 1994-1996 and 
1998 nationwide CSFII and accumulated exposure to the chemical for each 
commodity.Anticipated residues (averages for crop field trials) were 
calculated for the numerous proposed new uses from field trial data. 
100% CT was assumed for all proposed new uses except for non-grass 
animal feed; and grass fodder, forage and hay. For existing uses, 
anticipated residues are based on USDA PDP monitoring data, crop field 
trial data and empirical processing factors and may be considered 
refined.
    iii. Cancer. Zeta-cypermethrin was classified as a group ``C'' 
(possible human carcinogen), based on an increased incidence of lung 
adenonas and adenomas plus carcinomas combined in female mice. The 
evidence was not considered strong enough to warrant a quantitative 
estimation of human cancer risk. Risk assessments based on endpoint 
selected for the chronic population adjusted dose (cPAD) will be 
protective of any potential carcinogenic risk from exposure to zeta-
cypermethrin for the U.S. general population and all population 
subgroups, including infants and children. Additionally, EPA relied

[[Page 78378]]

on the chronic exposure assessment in assessing cancer risk.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of the FFDCA authorizes EPA to use available data 
and information on the anticipated residue levels of pesticide residues 
in food and the actual levels of pesticide chemicals that have been 
measured in food. If EPA relies on such information, EPA must, pursuant 
to section 408(f)(1), require that data be provided 5 years after the 
tolerance is established, modified or left in effect, demonstrating 
that the levels in food are not above the levels anticipated. Following 
the initial data submission, EPA is authorized to require similar data 
on a time frame it deems appropriate. For the present action, EPA will 
issue such data call-ins for information relating to anticipated 
residues as are required by FFDCA section 408(b)(2)(E) and authorized 
under FFDCA section 408(f)(1). Such data call-ins will be required to 
be submitted no later than 5 years from the date of issuance of this 
tolerance.
    Section 408(b)(2)(F) of the FFDCA states that the Agency may use 
data on the actual percent of food treated for assessing chronic 
dietary risk only if the Agency can make the following findings: 
Condition 1, that the data used are reliable and provide a valid basis 
to show what percentage of the food derived from such crop is likely to 
contain such pesticide residue; Condition 2, that the exposure estimate 
does not underestimate exposure for any significant subpopulation 
group; and Condition 3, if data are available on pesticide use and food 
consumption in a particular area, the exposure estimate does not 
understate exposure for the population in such area. In addition, the 
Agency must provide for periodic evaluation of any estimates used. To 
provide for the periodic evaluation of the estimate of PCT as required 
by section 408(b)(2)(F) of the FFDCA, EPA may require registrants to 
submit data on PCT.
    The Agency used PCT information as follows:
    For cypermethrin: broccoli, 6%; bulb crops, 16%; cabbage, 3%; 
cauliflower, 13%; celery, 1%; cole crops, 3%; collards, 9%; cotton, 5%; 
garlic, 13%; greens, mustard, 8%; greens, turnips, 4%; kale, 13%; 
lettuce, 26%; onions, 15%; pecans, 5%; and spinach, 2%.
    For zeta-cypermethrin: bulb crops, 4%; cabbage, 1%; carrots, 1%; 
cole crops, 1%; corn, field, <1%; cotton, 4%; lettuce, 17%; onions, 
13%; peanuts, <1%; pecans, 9%; sorghum, <1%; soybeans, <1%; sweet corn, 
<1%; and wheat, winter, <1%.
    The Agency believes that the three conditions, listed in Unit 
III.C.1.iv., have been met with regard to the PCT estimates. With 
respect to Condition 1, PCT estimates for existing uses are derived 
from Federal and private market survey data, which are reliable and 
have a valid basis. The Agency is reasonably certain that the 
percentage of the food treated is not likely to be an underestimation. 
EPA estimates projected percent crop treated (PPCT) for a new pesticide 
use by assuming that the PCT during the pesticide's initial 5 years of 
use on a specific use site will not exceed the average PCT of the 
market leader (i.e., the one with the greatest PCT) on that site over 
the three most recent surveys. Comparisons are only made among 
pesticides of the same pesticide types (i.e., the dominant insecticide 
on the use site is selected for comparison with the new insecticide). 
The PCTs included in the average may be each for the same pesticide or 
for different pesticides since the same or different pesticides may 
dominate for each year selected. Typically, EPA uses data from the U.S. 
Department of Agriculture/National Agricultural Statistics Service 
(USDA/NASS) as the source for the PCT data because they are publicly 
available. When a specific use site is not surveyed by USDA/NASS, EPA 
uses proprietary data and calculates the estimated PCT.
    The estimated PPCT, based on the average PCT of the market leader, 
is appropriate for use in the chronic dietary risk assessment. This 
method of estimating a PPCT for a new use of a registered pesticide or 
a new pesticide produces a high-end estimate that is unlikely, in most 
cases, to be exceeded during the initial 5 years of actual use. 
Predominant factors that bear on whether the estimated PPCT could be 
exceeded include pest pressure concerns, relative efficacies, pest 
prevalence and other factors. Although PPCT data (estimates) for crop 
group 18: nongrass animal feeds (forage and hay) and crop group 17: 
grass forage, fodder and hay are limited, estimates are provided (PPCT) 
for alfalfa hay, other hay and pasture/rangeland. The estimate for 
pasture/rangeland may understate the PPCT for grasses since the 
rangeland component probably receives less treatment than the pasture 
component (the latter which contains more grass than does rangeland). 
It is unlikely that actual PCT for zeta-cypermethrin will exceed the 
estimated PPCT for this chemical on each of these 3 crops during the 
next 5 years.
    As to Conditions 2 and 3, regional consumption information and 
consumption information for significant subpopulations is taken into 
account through EPA's computer-based model for evaluating the exposure 
of significant subpopulations including several regional groups. Use of 
this consumption information in EPA's risk assessment process ensures 
that EPA's exposure estimate does not understate exposure for any 
significant subpopulation group and allows the Agency to be reasonably 
certain that no regional population is exposed to residue levels higher 
than those estimated by the Agency. Other than the data available 
through national food consumption surveys, EPA does not have available 
information on the regional consumption of food to which zeta-
cypermethrin may be applied in a particular area.
    2. Dietary exposure from drinking water. The Agency lacks 
sufficient monitoring exposure data to complete a comprehensive dietary 
exposure analysis and risk assessment for zeta-cypermethrin in drinking 
water. Because the Agency does not have comprehensive monitoring data, 
drinking water concentration estimates are made by reliance on 
simulation or modeling taking into account data on the physical 
characteristics of zeta-cypermethrin. Further information regarding EPA 
drinking water models used in pesticide exposure assessment can be 
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the PRZM/EXAMS (surface water) and SCI-GROW (ground water) 
models, the estimated environmental concentrations (EECs) of zeta-
cypermethrin for acute exposures are estimated to be 1.04 parts per 
billion (ppb) for surface water and 0.0036 ppb for ground water. The 
EECs for chronic exposures are estimated to be 0.013 ppb for surface 
water and 0.0036 ppb for ground water.
    The estimated drinking water concentrations (EDWCs) for zeta-
cypermethrin were calculated based on 6 aerial applications of 
cypermethrin at a maximum application rate of 0.10 lbs. a.i./acre/
season to Brassica leafy vegetables with a 7-day re-treatment interval 
(RTI). Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model (DEEM-FCID\TM\, Version 2.03). 
For acute dietary risk assessment, the peak water concentration value 
of 1.04 ppb was used to assess the contribution to drinking water. For 
chronic dietary risk assessment, the annual average concentration of 
0.013 ppb was used to assess the contribution to drinking water.

[[Page 78379]]

    The ground water screening concentration is 0.0036 ppb. These 
values generally represent upper-bound estimates of the concentrations 
that might be found in surface water and ground water due to the use of 
cypermethrin on Brassica leafy vegetables, which has the highest 
application rate among both cypermethrin and zeta-cypermethrin on all 
crops over which the chemicals are applied.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides and/or flea and tick control on pets).
    For zeta-cypermethrin/cypermethrin, there is a potential for 
exposure in residential settings during application by homeowners who 
use products containing zeta-cypermethrin/cypermethrin. There is a 
potential for exposure in residential settings from entering areas 
treated with zeta-cypermethrin/cypermethrin, such as residential lawns, 
indoor surfaces and spaces, outdoor surfaces, and animal premises that 
could lead to non-occupational exposure to adults and children. As a 
result, risk assessments have been completed for residential handler 
scenarios and for post-application scenarios.
    Short- and intermediate-term dermal exposure risk assessments were 
not conducted for adults, due to the lack of an appropriate toxicity 
endpoint of concern for this population subgroup. Short- and 
intermediate-term dermal exposure risk assessments were not conducted 
for infants and children because no potential exposure to infants and 
children is anticipated under the residential handler scenarios.
    A long-term dermal exposure assessment was not conducted, since 
there is no potential for long-term exposures via the proposed uses of 
zeta-cypermethrin. There is potential for short- and intermediate-term 
inhalation exposure in residential handler settings during the 
application process for adult homeowners who use products containing 
zeta-cypermethrin.
    Short- and intermediate-term inhalation exposure assessments were 
not conducted for infants and children because no potential exposure to 
infants and children is anticipated under the residential handler 
scenarios. A long-term inhalation exposure assessment was not 
conducted, since there are no potential long-term exposures via the 
proposed uses of zeta-cypermethrin.
    These residential risk assessments assumed the maximum application 
rates allowed by product labels and that residents would wear shorts 
and short-sleeved shirts with no gloves when applying zeta-
cypermethrin. It was also assumed that the size of a lawn or garden 
treated by a homeowner is 0.5 acres.There is also a potential for 
exposure in residential settings from entering areas treated with zeta-
cypermethrin, such as residential lawns, indoor surfaces and spaces and 
outdoor surfaces that could lead to non-occupational exposures to 
adults and children.
    The post-application risk assessment included high-end assumptions 
for factors such as exposure duration and skin surface area. The 0.15 
lb. a.i./acre application rate for turf was used in the model to 
estimate post-application residential exposure of toddlers. Since this 
rate is equal to or higher than many of the agricultural application 
rates, this scenario is protective of any exposure of farm children via 
spray drift from agricultural zeta-cypermethrin/cypermethrin 
applications. Such use of the Agency's Standard Operating Procedures 
for Residential Assessment results in reasonable worst case estimates 
of risks.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when 
considering whether to establish, modify or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.'' Cypermethrin is a member of 
the pyrethroid class of pesticides. Although all pyrethroids alter 
nerve function by modifying the normal biochemistry and physiology of 
nerve membrane sodium channels, EPA is not currently following a 
cumulative risk approach based on a common mechanism of toxicity for 
the pyrethroids. Although all pyrethroids interact with sodium 
channels, there are multiple types of sodium channels and it is 
currently unknown whether the pyrethroids have similar effects on all 
channels.
    EPA does not have a clear understanding at this time of effects on 
key downstream neuronal function (e.g., nerve excitability). Further, 
EPA has not determined how these key events interact to produce their 
compound-specific patterns of neurotoxicity. There is ongoing research 
by the Agency's Office of Research and Development and pyrethroid 
registrants to evaluate the differential biochemical and physiological 
actions of pyrethroids in mammals. This research is expected to be 
completed by 2007. When available, the Agency will consider this 
research and make a determination of common mechanism as a basis for 
assessing cumulative risk. Information regarding EPA's procedures for 
cumulating effects from substances found to have a common mechanism can 
be found on EPA's website at http://www.epa.gov/pesticides/cumulative/.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply 
an additional ten-fold margin of safety for infants and children in the 
case of threshold effects to account for pre- and/or post-natal 
toxicity and the completeness of the database on toxicity and exposure 
unless EPA determines based on reliable data that a different margin of 
safety will be safe for infants and children. Margins of safety are 
incorporated into EPA risk assessments either directly through use of a 
MOE analysis or through using uncertainty (safety) factors in 
calculating a dose level that poses no appreciable risk to humans. In 
applying this provision, EPA either retains the default value of 10x 
when reliable data do not support the choice of a different factor, or, 
if reliable data are available, EPA uses a different additional safety 
factor value based on the use of traditional uncertainty factors and/or 
special FQPA safety factors, as appropriate.
    2. Pre-natal and post-natal sensitivity. In the last tolerance 
rulemaking for zeta-cypermethrin, February 12, 2002 (67 FR 6422), EPA 
removed the FQPA 10x safety factor based on its conclusion that the 
data showed no concern for increased sensitivity due to pre- and/or 
post-natal exposure and that the lack of a required developmental 
neurotoxicity (DNT) study in the rat did not raise residual concerns 
regarding the safety of children, because the DNT study had not been 
required based on special concern for the developing fetuses or young. 
After release of its revised policy statement on the FQPA children's 
safety factor, EPA revisited its FQPA safety factor decision and 
determined that, given the lack of certainty regarding the results of 
the then absent DNT study, it was necessary to retain the full 10x FQPA 
safety factor as a database uncertainty factor. In 2005, that 
additional safety factor was incorporated into the preliminary risk 
assessment for cypermethrin and zeta-cypermethrin in connection with 
the reregistration and tolerance reassessment decision for these 
pesticides.With the subsequent receipt and evaluation of the DNT study 
for

[[Page 78380]]

zeta-cypermethrin (2005, MRID 46670402), the toxicology database for 
FQPA assessment is now complete.
    In the acute and subchronic neurotoxicity studies, clinical signs 
of neurotoxicity typical of pyrethroids were observed (i.e., gait 
abnormalities, decreased motor activity, notable changes in the 
functional observational battery (FOB) and tremors); however, no 
neuropathology was observed. In the other guideline studies, tremors 
and gait abnormalities were observed in both dogs and rats following 
oral exposure, and similar clinical signs were seen in the rat 
inhalation study. There is no evidence of increased susceptibility of 
fetuses following in utero exposure in the developmental toxicity 
studies in rats or rabbits or in the offspring following pre- and/or 
post-natal exposure in the 2-generation rat reproduction study.
    In the DNT study, there was limited evidence of increased 
susceptibility of the offspring. No toxicity was observed in the 
maternal animals at the highest dose tested, while decreased body 
weight, decreased subsession motor activity and changes in brain 
morphometry were seen in the offspring at this same dose. An in-depth 
analysis of the effects seen in the pups revealed that these effects 
were of low concern because: Body weight decreases were seen only 
during late lactation (post-natal days 13-21) when the pups are 
potentially exposed to higher levels of the chemical via both milk and 
feed; the decreases in motor activity are not considered biologically 
significant since they were seen only in the subsession data (not in 
total or ambulatory counts), only in one sex (females), only on post-
natal day 21 (not in measurements taken at three other time periods) 
and the differences did not reach statistical significance; and the 
sole brain morphometric change (statistically significant increase in 
the mean vertical thickness of the cortex) was determined to occur in 
isolation, only in female pups on day 21, and was not considered 
biologically significant because when the values of individual treated 
animals were compared with individual control animals, the incidence 
and magnitude of the change suggested a low concern.No statistically or 
biologically significant changes were seen in any other brain areas in 
male or female pups at any time period. Thus, the only biologically 
significant effect observed in the DNT study was the change in 
offspring body weights.
    Based on these factors, the limited susceptibility seen in the DNT 
was determined to be of low concern. Therefore, there are no residual 
uncertainties for pre- and/or postnatal toxicity. There are no residual 
uncertainties identified in the exposure databases. The chronic and 
cancer dietary food exposure assessments utilize anticipated residues 
calculated from field trial data and PCT data for all commodities. 
Although refined, the assessments are based on reliable data and will 
not underestimate exposure/risk. The drinking water exposure is based 
on conservative modeling estimates. The residential exposure assessment 
utilizes residential SOPs for the adult handler and post-application 
scenarios and to assess post-application exposure to children, as well 
as incidental oral ingestion by toddlers. The residential SOPs are 
based on reasonable worst-case assumptions and will not likely 
underestimate exposure/risk. These assessments are unlikely to 
underestimate the potential exposure to infants and children resulting 
from the use of zeta-cypermethrin/cypermethrin.
    3. Conclusion. Based on the data discussed above, the FQPA safety 
factor can be removed (i.e., reduced to 1x) due to the completeness of 
the toxicology database, the lack of residual concerns regarding pre- 
and/or post-natal toxicity and the reliance on exposure data unlikely 
to underestimate exposure to the pesticide. Thus, a FQPA safety factor 
of 1x is appropriate for zeta-cypermethrin.

E. Aggregate Risks and Determination of Safety

    The Agency currently has two ways to estimate total aggregate 
exposure to a pesticide from food, drinking water and residential uses. 
First, a screening assessment can be used, in which the Agency 
calculates drinking water levels of comparison (DWLOCs) which are used 
as a point of comparison against EDWCs. The DWLOC values are not 
regulatory standards for drinking water, but are theoretical upper 
limits on a pesticide's concentration in drinking water in light of 
total aggregate exposure to a pesticide in food and residential uses. 
More information on the use of DWLOCs in dietary risk assessments can 
be found at http://www.epa.gov/oppfead1/trac/science/screeningsop.pdf.
    More recently, the Agency has used another approach to estimate 
aggregate exposure through food, drinking water and residential 
pathways. In this approach, modeled surface and ground water EDWCs are 
directly incorporated into the dietary exposure analysis, along with 
food. This provides a more realistic estimate of exposure because 
actually body weights and water consumption from the CSFII are used. 
The combined food and water exposures are then added to estimated 
exposure from residential uses to calculate aggregate risks. The 
resulting exposure and risk estimates are still considered to be high 
end, due to the assumptions used in developing drinking water modeling 
inputs.
    1. Acute risk. Using the exposure assumptions discussed in Unit 
III.C.1.i., the acute dietary exposure from food and drinking water to 
zeta-cypermethrin will occupy 30% of the aPAD for the U.S. general 
population and 54% of the aPAD for children (1-2 years old), the most 
highly exposed population subgroup.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that exposure to zeta-
cypermethrin from food and drinking water will utilize 1% of the cPAD 
for the U.S. general population and 3% of the cPAD for children (1-2 
years old), the most highly exposed population subgroup.
    3. Short-term risk. Short-term aggregate exposure takes into 
account residential exposure plus average (chronic) exposure levels to 
food and water (considered to be a background exposure level).Zeta-
cypermethrin is currently registered for use that could result in 
short-term residential exposure and the Agency has determined that it 
is appropriate to aggregate chronic food and water and short-term 
exposures for zeta-cypermethrin. Short-term risks were estimated for 
toddlers' incidental oral exposures outdoors on turf and indoors on 
treated surfaces. The latter were based on uses of cypermethrin, due to 
its higher application rate compared to zeta-cypermethrin. Short-term 
risks for adult dermal exposure were not evaluated because no short-
term dermal endpoint applicable to the adult population was identified.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded that food, water and residential 
exposures aggregated result in aggregate MOEs of 8,600 for the U.S. 
general population; 8,500 for all infants (<1 year old); and 780 for 
children (1-2 years old), the population subgroup at greatest exposure. 
These aggregated MOEs do not exceed the Agency's LOC for aggregate 
exposure to food, water and residential uses.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level). Intermediate-
term exposure is not expected from residential uses of zeta-
cypermethrin.

[[Page 78381]]

    5. Aggregate cancer risk for U.S. population. The Agency considers 
the chronic aggregate risk assessment, making use of the cPAD, to be 
protective of any aggregate cancer risk. See Unit III.E.2. for more 
detail.
    6. Determination of safety. Based on these risk assessments, 
estimates of acute aggregate, chronic aggregate and short-term 
aggregate (food, water and residential uses) risk do not exceed EPA's 
level of concern. As a result, EPA concludes that there is a reasonable 
certainty that no harm will result to the U.S. general population and 
all population subgroups, including infants and children from aggregate 
exposure to zeta-cypermethrin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement analytical methodology for cypermethrin and; 
therefore, zeta-cypermethrin residues is available in PAM Volume II. 
PAM Volume II lists Methods I and II for the determination of residues 
of cypermethrin per se in/on plant and livestock commodities, 
respectively. Both are gas chromatography (GC) methods with electron 
capture detection and have undergone successful Agency method tryout. 
Method I has a detection limit of 0.01 ppm and Method II has detection 
limits of 0.005 ppm for milk and 0.01 ppm for livestock tissues.These 
methods are not stereo specific; thus no distinction is made between 
residues of cypermethrin (all 8 stereoisomers) and zeta-cypermethrin 
(an enriched isomer form of cypermethrin). Agency reviews of recent 
zeta-cypermethrin petitions (PP 8F4970, PP 4F3012, PP 9F6040, PP 9F6037 
and PP 0F6207) required the petitioner to submit a revised section F to 
add the phrase ``and its inactive R-isomers'' after the chemical name 
zeta-cypermethrin in the tolerance expression, since the PAM Volume II 
method is not stereospecific.

B. International Residue Limits

    No specific CODEX, Canadian or Mexican maximum residue limits 
(MRLs) or tolerances have been established for zeta-cypermethrin. There 
are CODEX MRLs for cypermethrin residues in/on various plant and 
livestock commodities and the CODEX and U.S. tolerances are in harmony 
with respect to MRL/tolerance expression in that both regulate the 
parent compound, cypermethrin, since enforcement methods do not 
distinguish between cypermethrin and zeta-cypermethrin. During review 
of residue data associated with the current pesticide petitions (zeta-
cypermethrin), attempts were made to harmonize residue levels whenever 
possible.

V. Conclusion

    Therefore, the tolerance is established for residues of zeta-
cypermethrin, (S)-cyano(3-phenoxyphenyl)methyl ()-cis-
trans-3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate), in 
or on almond, hulls at 6 ppm; animal feed, nongrass, group 18, forage 
at 8 ppm; animal feed, nongrass, group 18, hay at 40 ppm; berry, group 
13 at 0.8 ppm; cilantro, leaves at 10 ppm; food/feed items (other than 
those covered by a higher tolerance as a result of use on growing 
crops) in food/feed handling establishments at 0.05 ppm; fruit, pome, 
group 11 at 2 ppm; fruit, stone, group 12 at 1 ppm; grape at 2 ppm; 
grass, forage, group 17 at 10 ppm; grass, hay, group 17 at 35 ppm; nut, 
tree, group 14 at 0.05 ppm; peanut at 0.05 ppm; rapeseed at 0.2 ppm; 
sunflower at 0.2 ppm; sunflower, refined oil at 0.5 ppm; turnip, greens 
at 14 ppm; vegetable, cucurbit, group 9 at 0.2 ppm; and vegetable, root 
and tuber, group 1, except sugar beet at 0.1 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of 
FFDCA in response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Because this rule has been 
exempted from review under Executive Order 12866 due to its lack of 
significance, this rule is not subject to Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does 
not contain any information collections subject to OMB approval under 
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose 
any enforceable duty or contain any unfunded mandate as described under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). Nor does it require any special considerations under Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994); or OMB review or any Agency action under Executive 
Order 13045, entitled Protection of Children from Environmental Health 
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does 
not involve any technical standards that would require Agency 
consideration of voluntary consensus standards pursuant to section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since 
tolerances and exemptions that are established on the basis of a 
petition under section 408(d) of FFDCA, such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled 
Federalism(64 FR 43255, August 10, 1999). Executive Order 13132 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' This final rule directly regulates 
growers, food processors, food handlers and food retailers, not States. 
This action does not alter the relationships or distribution of power 
and responsibilities established by Congress in the preemption 
provisions of section 408(n)(4) of FFDCA. For these same reasons, the 
Agency has determined that this rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 6, 2000). Executive Order 13175 requires EPA to develop 
an accountable process to ensure ``meaningful and timely input by 
tribal officials in the development of regulatory policies that have 
tribal implications.'' ``Policies that have tribal implications'' is 
defined in the Executive order to include regulations that have 
``substantial direct effects on one or more Indian tribes on the 
relationship between the Federal Government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' This

[[Page 78382]]

rule will not have substantial direct effects on tribal governments, on 
the relationship between the Federal Government and Indian tribes or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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


    Dated: December 21, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. Section 180.418 is amended by alphabetically adding commodities to 
the table in paragraph (a)(2) to read as follows:


Sec.  180.418  Cypermethrin and an isomer zeta-cypermethrin; tolerances 
for residues.

    (a)* * *
    (2) * * *

------------------------------------------------------------------------
                                                                  Parts
                           Commodity                               per
                                                                 million
------------------------------------------------------------------------
                                * * * * *
Almond, hulls..................................................        6
Animal feed, nongrass, group 18, forage........................        8
Animal feed, nongrass, group 18, hay...........................       40
                                * * * * *
Berry, group 13................................................      0.8
                                * * * * *
Cilantro, leaves...............................................       10
                                * * * * *
Food/feed items (other than those covered by a higher tolerance     0.05
 as a result of use on growing crops) in food/feed handling
 establishments................................................
Fruit, pome, group 11..........................................        2
Fruit, stone, group 12.........................................        1
                                * * * * *
Grape..........................................................        2
Grass, forage, group 17........................................       10
Grass, hay, group 17...........................................       35
                                * * * * *
Nut, tree, group 14............................................     0.05
                                * * * * *
Peanut.........................................................     0.05
                                * * * * *
Rapeseed.......................................................      0.2
                                * * * * *
Sunflower......................................................      0.2
Sunflower, refined oil.........................................      0.5
                                * * * * *
Turnip, greens.................................................       14
                                * * * * *
Vegetable, cucurbit, group 9...................................      0.2
                                * * * * *
Vegetable, root and tuber, group 1, except sugar beet..........      0.1
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. E6-22288 Filed 12-28-06; 8:45 am]
BILLING CODE 6560-50-S