[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]
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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.
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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: opp-docket@epamail.epa.gov. 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:
larocca.george@epamail.epa.gov.
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-Docket@epamail.epa.gov
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
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Parts per
Commodity million Expiration date
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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.
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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
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Cottonseed oil........................... 2.0 Nov. 15, 1997.
Tomato, concentrated products............ 0.5 Do.
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(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.
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(b) [Reserved]
* * * * *
[FR Doc. 95-13261 Filed 5-30-95; 8:45 am]
BILLING CODE 6560-50-F
