lambda-cyhalothrin (Karate, Force) Proposed Pesticide Tolerances 7/94
40 CFR Part 180
[PP 7F3521/P587; FRL-4898-7]
Pesticide Tolerances for Tefluthrin
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
SUMMARY: This document proposes to extend tolerances for the
combined residues of the synthetic pyrethroid tefluthrin [2,3,5,6-
tetrafluoro-4-methylphenyl)methyl-(1 alpha, 3 alpha)-(Z)-(+/-)-
and its metabolite, (Z)-3-(2-chloro-3,3,3-trifluoro-1-propenyl)2,2-
dimethylcyclopropanecaboxylic acid, in or on the raw agricultural
commodities corn, grain, field, and pop; corn, forage and fodder,
field and pop. This proposal to extend the effective date for
tolerances for maximum permissible levels of residues of this
insecticide in or on these commodities was requested by Zeneca
Ag Products (previously, ICI Americas, Inc.).
DATES: Written comments, identified by the document control
number [PP 7F3521/P587], must be received on or before September
ADDRESSES: Written comments, identified by the document control
number [PP 7F3521/P587], may be submitted to: Public Response
Section, Field Operations Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, Rm. M3708, 401 M
St., Washington, DC 20460. In person, bring comments to Rm.
1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA.
Information submitted as a comment concerning this document
may be claimed confidential by marking any part or all of that
information as ``Confidential Business Information'' (CBI).
Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment
that does not contain CBI must be submitted for inclusion in
the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice. All written
comments will be available for public inspection in Rm. 1132
at the Virginia address given above, from 9 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays.
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 Hwy., Arlington,
VA 22202, 703-305-6100.
SUPPLEMENTARY INFORMATION: The Agency issued a conditional registration
for tefluthrin for use on corn, grain, field, and pop; corn,
forage and fodder, field and pop on January 13, 1989. The registration
was made conditional with a final expiration date of July 31,
1993, since certain data were lacking. See the Federal Register
(FR) of March 8, 1989 (54 FR 9887) for specific data requirements.
Because of the lack of these data the tolerances were established
with an expiration date of July 31, 1994. (See the Federal Register
of February 1, 1989 (54 FR 5080)).
On January 22, 1990, the Agency issued a Special Data Call-
In Notice to Zeneca Ag Products requiring submission of a simulated
aquatic field test (mesocosm study) to assess long-term aquatic
adverse effects related to exposure to this pesticide. This
data requirement was imposed because of a reported fish kill
associated with alleged misuse of the product and was added
to other conditions imposed on the registration in January 1989.
This study was due by November 30, 1994.
On October 20 and November 13, 1992, Zeneca Ag Products requested
an extension of the conditional registration and extension of
time to November 15, 1994. They also requested a waiver of the
mesocosm study because of a change in Agency policy on the need
for higher tiered fate and ecological effects data such as an
aquatic field study. The Agency reexamined the existing ecological
effects database and concluded that it had sufficient baseline
data to characterize aquatic hazard for this pesticide, and
the Agency waived the requirement for a mesocosm study. However,
the Agency still concluded that this pesticide may pose aquatic
risk from use on corn and agreed to an extension of the conditional
registration until November 15, 1994, provided Zeneca Ag Products
submit risk reduction measures designed to reduce the potential
for exposure of aquatic habitats of concern. Zeneca Ag Products
agreed to these terms, and on June 14, 1993, the Agency extended
the conditional registration for tefluthrin on corn to November
15, 1994. By November 15, 1994, the Agency intends to complete
review of all data and other information submitted and to make
FIFRA section 3(c)(5) or other appropriate regulatory decisions
for the corn use of tefluthrin.
To be consistent with the extensions issued for the conditional
registrations the Agency is proposing to extend the tolerances
on corn and other affected commodities. The Agency has determined
that extending the tolerances will protect the human health.
Therefore, extensions for the tolerances on corn and other affected
crops are proposed as set forth below.
The data submitted in support of these tolerances and other
relevant material have been reviewed. The toxicological and
metabolism data and analytical methods for enforcement purposes
considered in support of these tolerances are discussed in detail
in related documents published in the Federal Register of February
1, 1989 (54 FR 5061), for corn.
Residues remaining in or on the above raw agricultural commodity
after expiration of these tolerances will not be considered
actionable if the pesticide is legally applied during the term
and in accordance with the provisions of the conditional registrations.
Any person who has registered or submitted an application
for registration of a pesticide under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) as amended, which contains
any of the ingredients listed herein, may request within 30
days after publication of this document in the Federal Register
that this rulemaking proposal be referred to an Advisory Committee
in accordance with section 408(e) of FIFRA.
Interested persons are invited to submit written comments
on the proposed regulation. Comments must bear a notation indicating
the document control number, (PP 7F3521/P587). All written comments
filed in response to this petition will be available to the
Public Response Section, at the address given above, from 9
a.m. to 4 p.m., Monday through Friday, except legal holidays.
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 food/feed additive regulations or raising tolerance or food/feed
additive regulation 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
Dated: July 19, 1994.
Acting Deputy Director, Registration Division, Office of Pesticide
Therefore, it is proposed that part 180 of chapter I of title
40 of the Code of Federal Regulations be amended as follows:
1. The authority citation for part 180 continues to read
Authority: 21 U.S.C. 346 and 371.
b. By revising sec 180.440, to read as follows:
sec 180.440 Tefluthrin; tolerances for residues.
Tolerances, to expire on November 15, 1995, are established
for the combined residues of the insecticide tefluthrin (2,3,5,6
tetrafluroro-4-methylphenyl) methyl-(1 alpha, 3 alpha)-(Z)-(+/-)-
and its metabolite (Z)-3-(2-chloro-3,3,3-trifluoro-1-propenyl)
2,2-dimethylcyclopropanecarboxylic acid in or on the following
Commodity Parts per
Corn, grain, field, and pop ........................0.02
Corn, forage and fodder, field and pop ............ .06
[FR Doc. 94-18765 Filed 8-2-94; 8:45 am]