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Cypermethrin - Pesticide Tolerances—Final Rule 1/94

40 CFR Part 180
[PP 4F3011 and PP 7F3498/R2033; FRL-4742-7]
RIN 2070-AB78
Pesticide Tolerances for Cypermethrin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

SUMMARY: This document establishes tolerances for residues of
the pesticide chemical [(#)alpha-cyano(3-phenoxyphenyl)methyl(#)-
in or on the raw agricultural commodities (RACs) cabbage at
2.0 parts per million (ppm) and onions at 0.1 ppm. This regulation
proposes to establish maximum permissible levels for residues
of the pesticide chemical requested pursuant to petitions submitted
by FMC Corp.

EFFECTIVE DATE: This regulation becomes effective February 25,

ADDRESSES: Written objections, identified by the document control
number, [PP 4F3011 and PP 7F3498/R2033], may be submitted to:
Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708,
401 M St., SW., Washington, DC 20460. A copy of any objections
and hearing requests filed with the Hearing Clerk should be
identified by the document control number and submitted to:
Public Response and Program Resources Branch, Field Operations
Division (7506C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. In
person, bring copy of objections and hearing request to: Rm.
1128, 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.

Product Manager (PM) 13, Registration Division (7505C), Office
of Pesticide Programs, Environmental Protection Agency, 401
M St., SW., Washington, DC 20460. Office location and telephone
number: Rm. 202, CM #2, 1921 Jefferson Davis Highway, Arlington,
VA 22202, (703)-305-6100.

SUPPLEMENTARY INFORMATION: In the Federal Register of October
20, 1993 (58 FR 54092), EPA issued a proposed rule that gave
notice that the FMC Corp., 1735 Market St., Philadelphia, PA
19103, had submitted pesticide petitions (PP) 4F3011 and 7F3498
proposing to amend 40 CFR part 180 by establishing tolerances
for residues of cypermethrin [(#) alpha-cyano-(3-phenoxyphenyl)methyl
(#)-cis, trans-3(2,2-dimethylcyclopropanecarboxylate)] and its
metabolites dichlorovinyl acid (DCVA) and m-phenoxybenzoic acid
(MPB-Acid) and cyperamide under section 408(b) of the Federal
Food, Drug and Cosmetic Act (21 U.S.C. 346a(b)) in or on the
raw agricultural commodities cabbage at 1.5 parts per million
(ppm) and bulb onions at 0.1 ppm.
   There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
   The data submitted in the petition and other relevant material
have been evaluated and discussed in the proposed rule. Based
on the data and information considered, the Agency concludes
that the tolerances will protect the public health. Therefore,
the tolerances are established as set forth below.
   Any person adversely affected by this regulation may, within
30 days after publication of this document in the Federal Register,
file written objections and/or request a hearing with the Hearing
Clerk, at the address given above (40 CFR 178.20). A copy of
the objections and/or hearing requests filed with the Hearing
Clerk should be submitted to the OPP docket for this rulemaking.
The objections submitted must specify the provisions of the
regulation deemed objectionable and the grounds for the objections
(40 CFR 178.25). Each objection must be accompanied by the fee
prescribed by 40 CFR 180.33(i). If a hearing is requested, the
objections must include a statement of the factual issue(s)
on which a hearing is requested, the requestor's contentions
on such issues, and a summary of any evidence relied upon by
the objector (40 CFR 178.27). A request for a hearing will be
granted if the Administrator determines that the material submitted
shows the following: There is a genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one
or more of such issues in favor of the requestor, taking into
account uncontested claims or facts to the contrary; and resolution
of the factual issue(s) in the manner sought by the requestor
would be adequate to justify the action requested (40 CFR 178.32).
   The Office of Management and Budget has exempted this rule
from the requirements of Executive Order 12866.
   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: January 8, 1994.

Douglas D. Campt,
Director, Office of Pesticide Programs.
   Therefore, 40 CFR part 180 is amended as follows:


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

   Authority: 21 U.S.C. 346a and 371.

   2. By amending . 180.418 in the table therein, by adding
and alphabetically inserting the following raw agricultural
commodities, to read as follows:

 180.418   Cypermethrin; tolerances for residues.
*     *     *     *     *
                           Commodity                              Parts per
Cabbage........................................................          2.0
               *              *              *              *              *
Onions, bulb...................................................         0.10
               *              *              *              *              *

[FR Doc. 94-4212 Filed 2-24-94; 8:45 am]