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Cypermethrin - Pesticide Tolerance—Final Rule 2/94

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180, 185, and 186

[PP 8F2034, 7F2013, 4F2993, 2F2623, 4F3046, 6F3453, and 6F3318/R2034;
FRL-4742-8]

RIN 2070-AB78

Pesticide Tolerances for Permethrin, Cypermethrin, Fenvalerate/Esfenvalerate,
Tralomethrin, Bifenthrin, Cyfluthrin, and Lambda-Cyhalothrin;
Extension of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.
------------------------------------------------------------
SUMMARY: This document extends tolerances for the residues of
the seven synthetic pyrethroids-permethrin, cypermethrin, fenvalerate/esfenvalerate,
tralomethrin, bifenthrin, cyfluthrin, and lambda-cyhalothrin
(collectively referred to as the synthetic pyrethroids)-in or
on certain raw agricultural commodities. This rule to extend
the effective date for tolerances for maximum permissible levels
of residues of these synthetic pyrethroids in or on these commodities
was requested by FMC Corp. (FMC), Zeneca Ag Products, E.I. DuPont
de Nemours & Co., Inc., Hoechst-Roussel Agri-Vet Co., and Miles,
Inc. (collectively called the industry's Pyrethroid Working
Group (PWG)).

EFFECTIVE DATE: This regulation becomes effective February 28,
1994.

ADDRESSES: Written objections, identified by the document control
number, [PP 8F2034, 7F2013, 4F2993, 2F2623, 4F3046, 6F3453,
and 6F3318/R2034], 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. 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: George T. LaRocca,
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 54093), EPA issued a proposed rule to amend
40 CFR part 180 by extending to November 15, 1994, tolerances
for the residues of the seven synthetic pyrethroids in or on
certain commodities. The Pyrethroid Working Group had requested
the extension.
   There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
   The data submitted in conjunction with the extension request
and in previous extensions for the synthetic pyrethroids have
been evaluated and discussed in the proposed rule. Based on
the data and information considered, the Agency concludes that
the tolerance extensions will protect the public health. Therefore,
the tolerance extensions 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 Parts 180, 185, and 186

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

   Dated: January 8, 1994.

Douglas D. Campt,
Director, 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. In . 180.378, by revising the introductory text of paragraph
(a), to read as follows:

 180.378   Permethrin; tolerances for residues.

   (a) Tolerances, to expire on November 15, 1994, are established
for residues of the insecticide permethrin [(3-phenoxyphenyl)methyl
3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate]

in or on the following raw agricultural commodities:
*     *     *     *     *
   c. In . 180.379 by amending the table in paragraph (a) by
adding a footnote to the entry for cottonseed as follows:

 180.379   Cyano(3-phenoxyphenyl)methyl-4-chloro-à-(1-methethyl)
benzeneacetate; tolerances for residues.

   (a) * * *
------------------------------------------------------------------------------
                           Commodity                              Parts per
                                                                   million
------------------------------------------------------------------------------
               *              *              *              *              *
Cottonseed.....................................................       10.2
               *              *              *              *              *
------------------------------------------------------------------------------
  1 The tolerance for cottonseed expires on November 15, 1994.

*     *     *     *     *

 180.418   [Amended]

   d. By amending . 180.418 Cypermethrin; tolerances for residues

in the introductory text by changing "July 1, 1993," to read
"November 15, 1994,".
   e. In . 180.422, by revising the introductory text to read
as follows:

 180.422   Tralomethrin; tolerances for residues.

   Tolerances, to expire on November 15, 1994, are established
for the combined residues of the insecticide tralomethrin ((S)-
alpha-cyano-3-phenoxybenzyl (1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-
tetrabromoethyl]-cyclopropanecarboxylate; CAS Reg. No. 66841-
25-6) and its metabolites (S)-alpha-cyano-3-phenoxybenzyl (1R,3R)-
3-(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylate and
(S)-alpha-cyano-3-phenoxybenzyl (1S,3R)-3-(2,2-dibromovinyl)-
2,2-dimethylcyclopropanecarboxylate calculated as the parent
in or on the following raw agricultural commodities:
*     *     *     *     *
   f. In . 180.436, by amending the table therein by adding
a footnote to the entry for cottonseed as follows:

 180.436   Cyfluthrin; tolerances for residues.
*     *     *     *     *

------------------------------------------------------------------------------
                           Commodity                              Parts per
                                                                   million
------------------------------------------------------------------------------
               *              *              *              *              *
Cottonseed.....................................................       11.0
               *              *              *              *              *
------------------------------------------------------------------------------
  1 The tolerance for cottonseed expires on November 15, 1994.

   g. In . 180.438, the section designation "(a)" is removed,

the introductory text is revised, and the

table is amended by adding a footnote to the entry for cottonseed
as follows:

 180.438    [1 à-(S*),3 à (Z)]-(#-cyano(3-phenoxyphenyl)methyl
3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate;
tolerances for residues.

   Tolerances are established for the combined residues of the
insecticide [1 à-(S*),3 à (Z)]-(#)-cyano(3-penoxyphenyl)methyl
3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate,
in or on the following raw agricultural commodities:

------------------------------------------------------------------------------
                           Commodity                              Parts per
                                                                   million
------------------------------------------------------------------------------
               *              *              *              *              *
Cottonseed.....................................................      10.05
               *              *              *              *              *
------------------------------------------------------------------------------
  1 The tolerance for cottonseed expires on November 15, 1994.

   h. In . 180.442 by revising the introductory text, to read
as follows:

 180.442   Bifenthrin; tolerances for residues.

   Tolerances, to expire on November 15, 1994, are established
for residues of the pyrethroid bifenthrin, (2-methyl[1,1'-biphenyl]-
3-yl)methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate,
in or on the following commodities:
*     *     *     *     *

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 . 185.1250, by revising paragraph (a), to read as follows:

 185.1250   Cyfluthrin.

   (a) A tolerance, to expire on November 15, 1994, of 2.0 parts
per million is established for residues of the insecticide cyfluthrin
(cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-
2,2-dimethylcyclopropanecarboxylate; CAS Reg. No. 69359-37-5)
in cottonseed oil resulting from application of the insecticide
to cottonseed.
*     *     *     *     *
   c. In . 185.5450, by revising the introductory text to read
as follows:

 185.5450   Tralomethrin.

   Tolerances, to expire on November 15, 1994, are established
for the combined residues of the insecticide tralomethrin ((S)-
alpha-cyano-3-phenoxybenzyl-(1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-
tetrabromoethyl]-cyclopropanecarboxylate; CAS Reg. No. 66841-
25-6]) and its metabolites (S)-alpha-cyano-3-phenoxybenzyl (1R,3R)-
3-(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylate and
(S)-alpha-cyano-3-phenoxybenzyl(1S,3R)-3-(2,2-dibromovinyl)-
2,2-dimethylcyclopropanecarboxylate calculated as the parent
in or on the following food commodities when present as a result
of application of the insecticide to the growing crops:
*     *     *     *     *

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.

   b. In . 186.1250, by revising paragraph (a), to read as follows:

 186.1250    Cyfluthrin.

   (a) A tolerance, to expire on November 15, 1994, of 2.0 parts
per million is established for residues of the insecticide cyfluthrin
(cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-
2,2-dimethylcyclopropanecarboxylate; CAS Reg. No. 68359-37-5)
in cottonseed hulls resulting from application of the insecticide
to cottonseed.
*     *     *     *     *

[FR Doc. 94-4209 Filed 2-25-94; 8:45 am]