PMEP Home Page --> Pesticide Active Ingredient Information --> Insecticides and Miticides --> Insecticides, F to M --> Fenpropathrin --> Fenpropathrin - Pesticide Tolerance 11/97

Fenpropathrin - Pesticide Tolerance 11/97

 ENVIRONMENTAL PROTECTION AGENCY
 40 CFR Parts 180, 185, and 186
 [OPP-300580; FRL-5755-1]
 RIN 2070-AB78
 Fenpropathrin; Pesticide Tolerance
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Final rule.
-----------------------------------------------------------------------

 SUMMARY: This regulation establishes tolerances for residues of
fenpropathrin in or on cottonseed at 1.0 parts per million (ppm),
peanut nutmeat at 0.01 ppm, peanut vine hay at 20 ppm, strawberry at
2.0 ppm, tomato at 0.6 ppm, meat and meat by-products of cattle, goats,
hogs, horses and sheep at 0.1 ppm, fat of cattle, goats, hogs, horses
and sheep at 1.0 ppm, milk fat (reflecting 0.08 ppm in whole milk) at
2.0 ppm, and poultry meat, fat, meat by products and eggs at 0.05 ppm,
and in the processed products cottonseed oil at 3.0 ppm. It also
removes time limitations for tolerances for residues of fenpropathrin
on the same commodities that expire on November 15, 1997. Valent U.S.A.
Corporation requested this tolerance under the Federal Food, Drug and
Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of
1996 (Pub. L. 104-170).

    In addition, this regulation removes a feed additive tolerance for
cottonseed hulls at 2.0 ppm. Originally, a feed additive tolerance
existed for cottonseed soapstock at 2.0 ppm. In the November 14, 1994
Federal Register (59 FR 56454), which extended the time-limitation for
these tolerances, the Agency inadvertently changed the expression from
cottonseed soapstock to cottonseed hulls. Because a tolerance for
cottonseed hulls was never intended, the Agency is removing the
tolerance with this regulation. Also, the Agency no longer considers
cottonseed soapstock to be a significant feed commodity. Under present
residue chemistry guidelines, a tolerance for cottonseed soapstock is
no longer required. Therefore, with this regulation, the tolerance for
cottonseed soapstock is also removed.
DATES: This regulation is effective November 26, 1997. Objections and
requests for hearings must be received by EPA on or before Jnauary 26,
1998.
 ADDRESSES: Written objections and hearing requests, identified by the
docket control number, [OPP-300580], must 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 identified by the docket
control number, [OPP-300580], must also be submitted to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. In person,
bring a copy of objections and hearing requests to Rm. 1132, CM #2,
1921 Jefferson Davis Hwy., Arlington, VA.
     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 5.1/6.1
file format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket control
number [OPP-300580]. 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.

 FOR FURTHER INFORMATION CONTACT: By mail: Beth Edwards, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location, telephone number, and e-mail address: Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA, (703) 305-5400, e-mail:
edwards.beth@epamail.epa.gov.

 SUPPLEMENTARY INFORMATION: On April 14, 1993, EPA established time-
limited tolerances under section 408 and 409 of the Federal Food Drug
and Cosmetic Act (FFDCA), 21 U.S.C. 346 a(d) and 348 for residues of
fenpropathrin on cottonseed; meat, meat byproducts, and fat of cattle,
goats, hogs, horses, poultry, and sheep; milk fat; eggs; a food
additive tolerance in or on cottonseed oil; and a feed additive
tolerance in or on cottonseed soapstock (58 FR 19357). On September 27,
1995, EPA established time-limited tolerances for residues of
fenpropathrin on strawberries and tomatoes (60 FR 49793)(FRL-4979-1).
On July 31, 1996, EPA established time-limited tolerances for residues
of fenpropathrin on peanut hay and nutmeat (61 FR 39887)(FRL-5385-1).
These tolerances expire on November 15, 1997. Valent U.S.A., on
September 15, 1997, requested that the time limitation for tolerances
established for residues of the insecticide fenpropathrin in the
commodities mentioned above be removed based on environmental effects
data that they had submitted as a condition of the registration. Valent
U.S.A. also submitted a summary of its petition as required under the
FFDCA as amended by the Food Quality Protection Act (FQPA) of 1996
(Pub. L. 104-170).
     In the Federal Register of September 25, 1997 (62 FR 50337)(FRL-
5748-2), EPA issued a notice pursuant to section 408 of the FFDCA, 21
U.S.C. 346a(e) announcing the filing of pesticide petitions (PP 2F4144,
3F4186, and 4F4327) for tolerances by Valent U.S.A. Corporation, 1333
North California Blvd., Walnut Creek, CA 94596-8025. This notice
included a summary of the petitions prepared by Valent U.S.A.
Corporation, the registrant. There were no comments received in
response to the notice of filing.
     The petitions requested that 40 CFR 180.466 be amended by removing
the time limitation for tolerances for residues of the insecticide and
pyrethroid fenpropathrin, in or on cottonseed at 1.0 parts per million
(ppm), peanut nutmeat at 0.01 ppm, peanut vine hay at 20 ppm,
strawberry at 2.0 ppm, tomato at 0.6 ppm, meat and meat by-products of
cattle, goats, hogs, horses and sheep at 0.1 ppm, fat of cattle, goats,
hogs, horses and sheep at 1.0 ppm, milk fat (reflecting 0.08 ppm in
whole milk) at 2.0 ppm, and poultry meat, fat, meat by-products and
eggs at 0.05 ppm, and in the processed products cottonseed oil at 3.0
ppm and cottonseed soapstock at 2.0 ppm.
     The basis for time-limited tolerances that expire November 15,
1997 was given in the October 20, 1993 issue of the Federal Register
(58 FR 54094). These time-limited tolerances were predicated on the
expiration of pesticide product registrations that were made
conditional due to lack of certain ecological and environmental effects
data. The rationale for using time-limited tolerances was to encourage
pesticide manufacturers to comply with the conditions of registration
in a timely manner. There is no regulatory requirement to make
tolerances time-limited due to the conditional status of a product
registration under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) as amended. It is current EPA policy to no longer establish
time limitations on tolerance(s) with expiration dates if none of the
conditions of registration have any bearing on human dietary risk. The
current petition action meets that condition and thus the expiration
dates associated with specific crop tolerances are being deleted.

 List of Subjects

 40 CFR Part 180

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

 40 CFR Part 185

     Environmental protection, Food additives, Pesticides and pests.

 40 CFR Part 186

     Environmental protection, Feed additives, Pesticides and pests.

    Dated: November 14, 1997.

James Jones,

 Acting Director, Registration Division, Office of Pesticide Programs.
     Therefore, 40 CFR chapter I is amended as follows:

 PART 180--[AMENDED]

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

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

     2. Section 180.466, is revised to read as follows:

Sec. 180.466   Fenpropathrin; tolerances for residues.

     (a) General. Tolerances are established for residues of the
pesticide chemical fenpropathrin (alpha-cyano-3-phenoxy-benzyl 2,2,3,3-
tetramethylcyclopropanecarboxylate) in or on the following agricultural
commodities:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
 Cattle, fat..............................   1.0
 Cattle, mbyp.............................   0.1
 Cattle, meat.............................   0.1
 Cottonseed...............................   1.0
 Cottonseed, oil..........................   3.0
 Eggs.....................................   0.05
 Goats, fat...............................   1.0
 Goats, mbyp..............................   0.1
 Goats, meat..............................   0.1
 Hogs, fat................................   1.0
 Hogs, mbyp...............................   0.1
 Hogs, meat...............................   0.1
 Horses, fat..............................   1.0
 Horses, mbyp.............................   0.1
 Horses, meat.............................   0.1
 Milkfat (reflecting 0.08 ppm in whole       2.0
 milk).
 Peanut, hay..............................   20.0
 Peanut, nutmeat..........................   0.01
 Poultry, fat.............................   0.05

[[Page 63035]]

 Poultry, mbyp............................   0.05
 Poultry, meat............................   0.05
 Sheep, fat...............................   1.0
 Sheep, mbyp..............................   0.1
 Sheep, meat..............................   0.1
 Strawberry...............................   2.0
 Tomato...................................   0.6
------------------------------------------------------------------------

     (b) Section 18 emergency exemptions. [Reserved]
     (c) Tolerances with regional registrations. [Reserved]
     (d) Indirect or inadvertent residues. [Reserved]

 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.

Sec. 185.3225  [Removed]

     b. By removing Sec. 185.3225 Fenpropathrin.

 PART 186--[AMENDED]

     3. In part 186:
     a. The authority citation for part 186 continues to read as
follows:
     Authority: 21 U.S.C. 342, 348 and 701.

Sec. 186.3225  [Removed]

     b. By removing Sec. 186.3225 Fenpropathrin.

 [FR Doc. 97-31102 Filed 11-25-97; 8:45 am]
 BILLING CODE 6560-50-F