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lambda-cyhalothrin (Karate, Force) Proposed Pesticide Tolerances 7/94

40 CFR Part 180



[PP 7F3521/P587; FRL-4898-7]



RIN 2070-AC18



Pesticide Tolerances for Tefluthrin 



AGENCY: Environmental Protection Agency. 



ACTION: Proposed rule.

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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)-(+/-)-

3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecaboxylate] 

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 

2, 1994.



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 

recordkeeping requirements. 



   Dated: July 19, 1994.





Lois Rossi, 

Acting Deputy Director, Registration Division, Office of Pesticide 

Programs.

   Therefore, it is proposed that part 180 of chapter I of title 

40 of the Code of Federal Regulations be amended as follows:



PART 180-[AMENDED]



   1. The authority citation for part 180 continues to read 

as follows:



   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)-(+/-)-

3-(2-chloro-3,3,3- trifluoro-1-propenyl)-2,2- 
dimethylcyclopropanecarboxylate 

and its metabolite (Z)-3-(2-chloro-3,3,3-trifluoro-1-propenyl) 

2,2-dimethylcyclopropanecarboxylic acid in or on the following 

commodities:





                                                                              

                                                                              

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            Commodity                              Parts per   

                                                   million    

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Corn, grain, field, and pop ........................0.02  

Corn, forage and fodder, field and pop ............  .06  

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[FR Doc. 94-18765 Filed 8-2-94; 8:45 am]