[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8105]
[[Page Unknown]]
[Federal Register: April 5, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 3F4196/R2045; FRL-4762-3]
RIN 2070-AB78
Biochemical Pesticide Plant Floral Volatile Attractant Compounds:
Cinnamaldehyde, Cinnamyl Alcohol, 4-methoxy Cinnamaldehyde 3-Phenyl
Propanol, 4-Methoxy Phenethyl Alcohol, Indole, and 1,2,4-
Trimethoxybenzene; Exemption From the Requirement of a Pesticide
Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule establishes an exemption from the requirement of a
tolerance for residues of the following biochemical pesticide plant
floral volatile attractant compounds: cinnamaldehyde, cinnamyl alcohol,
4-methoxy cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl
alcohol, indole, and 1,2,4-trimethoxybenzene in or on specific raw
agricultural commodities as dispersed from the pesticidal bait Corn
Rootworm Bait. Micro Flo Co. petitioned EPA to establish an
exemption from the requirement of a tolerance for the compounds.
EFFECTIVE DATE: Effective April 5, 1994.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 3F4196/R2045; FRL-4762-3], may be
submitted to: Hearing Clerk (1900), Environmental Protection Agency,
Rm. 3708, 401 M St., SW., Washington, DC 20460. A copy of any
objections and hearing requests filed with the Hearing Clerk should be
identified by the document control number and submitted to: Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring copy of
objections and hearing requests to: Rm. 1132, CM#2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202. Fees accompanying objections shall be
labeled ``Tolerance Petition Fees'' and forwarded to: EPA Headquarters
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M,
Pittsburgh, PA 15251.
FOR FURTHER INFORMATION CONTACT: By mail: Phillip O. Hutton, Product
Manager (PM) 18, Registration Division (7505C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location and telephone number: Rm. 213, CM #2, 1921
Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-7096.
SUPPLEMENTARY INFORMATION: In the Federal Register of October 21, 1993
(58 FR 54353), EPA issued a notice which announced that Micro Flo Co.,
P.O. Box 5948, Lakeland, FL 33807, had submitted a pesticide petition
(PP 3F4196) to EPA proposing to amend 40 CFR part 180, under section
408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, by
establishing a regulation to exempt from the requirement of a tolerance
residues of the following biochemical pesticide plant floral volatile
attractant compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy
cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl alcohol, indole,
and 1,2,4-trimethoxybenzene on the following raw agricultural
commodities: the following field crops--alfalfa, clover, cotton,
dandelion, peanuts (including hay), rice, sorghum (milo), soybeans,
sunflower, sweet potatoes, and wheat; the following vegetable crops--
asparagus, beans (including forage hay), beets, carrots, celery, cole
crops (cabbage, broccoli, brussels sprouts, cauliflower), collards
(kale, mustard greens, turnip greens, kohlrabi), corn, fresh (field,
sweet, pop, seed), corn fodder and forage, chinese cabbage, cowpeas,
cucurbitis (cucumbers, squash, pumpkin), egg plant, endive (escarole),
horseradish (radish, rutabagas, turnip roots), leafy greens (spinach,
swiss chard), lettuce (head leaf), okra, parsley, parsnip, peas, peas
with pods, peppers, potatoes, sugar beets, tomatoes; the following tree
fruit, berry and nut crops--almonds, apples, apricots, berries
(blackberry, boysenberry, dewberry, loganberry, raspberry), blueberry,
cherry, citrus (grapefruit, kumquat, lemon, lime, orange, tangelo, and
tangerine) cranberry, grapes, melons, (watermelon, honeydew, crenshaw,
cantaloupe, casaba, persian), nectarines, pears, pecans, peaches, and
strawberry as dispersed from the end-use product Corn
RootwormBait, a pesticidal bait.
The Agency has classified the seven floral attractants as
biochemical pesticides based on their nontoxic mode of action and the
natural occurrence of the components. The Agency notes that with the
exception of 4-methoxy phenethyl alcohol and 1,2,4-trimethoxybenzene,
the various components are used in the flavor and fragrance industry
and are considered generally recognized as safe by the Flavor and
Extract Manufacturers Association.
Residue Chemistry Data
No residue chemistry data were required. The Agency has taken into
consideration the use pattern of the end-use product, its formulation,
and the low application rate of the subject plant floral volatile
attractants from the end-use product. The application rate of the
subject attractants would be less than or equal to 20 grams of each per
acre per application, given a maximum label rate of 5 applications of
10 pounds of Corn Rootworm Bait formulation per acre per
season.
Toxicology Data
Furthermore, the Agency has evaluated the toxicology submissions
provided by the petitioner. Completed mammalian acute toxicology
studies for the end-use product indicate the following: acute oral
toxicity in rats (LD50 > 5,000 mg/kg, Toxicity Category IV), acute
dermal toxicity in rabbits (LD50 > 2,000 mg/kg, Toxicity Category
III), acute inhalation toxicity in rats (LD50 >6.08 mg/kg,
Toxicity Category IV), primary dermal irritation in rabbits (Toxicity
Category IV), primary eye irritation in rabbits (Toxicity Category I),
dermal sensitization study in guinea pigs (not a sensitizer), and an
Ames assay (not mutagenic).
No comments were received in response to the Agency's announcement
of the petition (PP 3F4196) in the Federal Register of October 21, 1993
(58 FR 54353) proposing the exemption.
Based on the information cited above and the conditions of use, the
Agency has determined that the establishment of an exemption from the
requirement of a tolerance in 40 CFR part 180 will protect the public
health. Therefore, the tolerance is established as set forth below.
Any person adversely affected by this regulation may, within 30
days after the date of publication of this document in the Federal
Register, file written objections and/or a request for a hearing with
the Hearing Clerk at the address given above. 40 CFR 178.20. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections. 40 CFR 178.25.
Each objection must be accompanied by the fee prescribed by 40 CFR
180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on each such issue, and a summary of any
evidence relied upon by the objector. 40 CFR 178.27. A request for a
hearing will be granted if the Administrator determines that the
material submitted shows the following: there is a genuine and
substantial issue of fact; there is a reasonable possibility that
available evidence identified by the requestor would, if established,
resolve one or more of such issues in favor of the requestor, taking
into account uncontested claims or facts to the contrary; and
resolution of the factual issue(s) in the manner sought by the
requestor would be adequate to justify the action requested. 40 CFR
178.32.
The Office of Management and Budget has exempted this rule from the
requirements of section 3 of Executive Order 12291.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: March 29, 1994.
Douglas D. Campt,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for 40 CFR part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In subpart D, by adding new Sec. 180.1127, to read as follows:
Sec. 180.1127 Biochemical pesticide plant floral volatile attractant
compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy cinnamaldehyde,
3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, and 1,2,4-
trimethoxybenzene; exemptions from the requirement of a tolerance.
Residues of the biochemical pesticide plant floral volatile
attractant compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy
cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl alcohol, indole,
and 1,2,4-trimethoxybenzene are exempt from the requirement of a
tolerance in or on the following raw agricultural commodities: the
following field crops--alfalfa, clover, cotton, dandelion, peanuts
(including hay), rice, sorghum (milo), soybeans, sunflower, sweet
potatoes, and wheat; the following vegetable crops-- asparagus, beans
(including forage hay), beets, carrots, celery, cole crops (cabbage,
broccoli, brussels sprouts, cauliflower), collards (kale, mustard
greens, turnip greens, kohlrabi), corn, fresh (field, sweet, pop,
seed), corn fodder and forage, chinese cabbage, cowpeas, cucurbitis
(cucumbers, squash, pumpkin), egg plant, endive (escarole), horseradish
(radish, rutabagas, turnip roots), leafy greens (spinach, swiss chard),
lettuce (head leaf), okra, parsley, parsnip, peas, peas with pods,
peppers, potatoes, sugar beets, tomatoes; the following tree fruit,
berry and nut crops--almonds, apples, apricots, berries (blackberry,
boysenberry, dewberry, loganberry, raspberry), blueberry, cherry,
citrus (grapefruit, kumquat, lemon, lime, orange, tangelo, and
tangerine) cranberry, grapes, melons, (watermelon, honeydew, crenshaw,
cantaloupe, casaba, persian), nectarines, pears, pecans, peaches, and
strawberry as dispersed from the end-use product Corn Rootworm
Bait, a pesticidal bait, in accordance with the prescribed
conditions in paragraph (a) of this section.
(a) Cumulative yearly application cannot exceed 20 grams of each
floral attractant/acre/application.
(b) [Reserved].
[FR Doc. 94-8105 Filed 4-4-94; 8:45 am]
BILLING CODE 6560-50-F
