methoprene (Altosid) Pesticide Tolerance 4/94
40 CFR Parts 180, 185, and 186
[PP 4F3103, FAP 3H5654/R2055; FRL-4775-3]
RIN 2070-AB78
Pesticide Tolerances for Methoprene
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes tolerances for residues of
the insecticide methoprene in or on various agricultural commodities.
Zoecon Corp., A Sandoz Co., requested this regulation to establish
the maximum permissible levels of methoprene in or on the commodities.
This document also deletes certain obsolete food additive tolerances
for methoprene.
EFFECTIVE DATE: This regulation becomes effective May 10, 1994.
ADDRESSES: Written objections, identified by the document control
number, [PP 4F3103, FAP 3H5654/R2055], 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: Phillip O. Hutton,
Product Manager (PM) 18, Registration Division (7505C), Office
of Pesticide Programs, Environmental Protection Agency, 401
M St., SW., Washington, DC 20460. Office location and telephone
number: Rm. 213, CM#2, 1921 Jefferson Davis Hwy., Arlington,
VA 22202, (703)-305-7690.
SUPPLEMENTARY INFORMATION: In the Federal Register of March
11, 1994 (59 FR 11570), EPA proposed to delete an expired, temporary
food additive tolerance of 10 parts per million (ppm) for residues
of the insecticide methoprene (isopropyl (E,E)-11-methoxy-3,7,11-
trimethyl-2,4-dodecadienoate) in or on raisins, wheat flour,
macaroni (wheat), rice cereal, rye cereal, barley cereal, wheat
cereal, corn cereal, corn meal, grits, hominy, oat cereal, spices,
dry dog food, dried apples, dried apricots, dried peaches, and
dried prunes resulting from applictions of methoprene in accordance
with the provisions of an experimental use permit that expired
September 21, 1986. The tolerance was established under section
409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348)
and appears in chapter I of title 40 of the Code of Federal
Regulations (40 CFR 185.4150(b)). This temporary tolerance was
established with issuance of an experimental use permit (EUP)
and expired on September 21, 1986. The tolerance is obsolete,
and EPA is removing it.
In the same Federal Register proposed rule (59 FR 11570,
March 11, 1994), EPA described the submission of pesticide petition
(PP) 4F3103 and food additive petition (FAP) 3H5654 from Zoecon
Corp., A Sandoz Co., and proposed to establish tolerances under
section 408 of the Federal Food, Drug, and Cosmetic Act, 21
U.S.C. 346a, for the insecticide methoprene in or on various
agricultural commodities.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted relevant to the proposal 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 these regulations 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
regulations 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).
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993),
the Agency must determine whether the regulatory action is ``significant''
and therefore subject to review by the Office of Management
and Budget (OMB) and the requirements of the Executive Order.
Under section 3(f), the order defines a ``significant regulatory
action'' as an action that is likely to result in a rule (1)
having an annual effect on the economy of $100 million or more,
or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health
or safety, or State, local, or tribal governments or communities
(also referred to as ``economically significant''); (2) creating
serious inconsistency or otherwise interfering with an action
taken or planned by another agency; (3) materially altering
the budgetary impacts of entitlement, grants, user fees, or
loan programs or the rights and obligations or recipients thereof;
or (4) raising novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set
forth in this Executive Order.
Pursuant to the terms of the Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject
to OMB review.
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: April 20, 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. By revising sec 180.359, to read as follows:
sec 180.359 Methoprene; tolerances for residues.
Tolerances are established for residues of the insect growth
regulator methoprene (isopropyl (E,E)-11-methoxy-3,7,11-trimethyl-
2,4-dodecadienoate) in or on the following raw agricultural
commodities:
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Commodity | Parts per
| million
--------------------------------------------------------------+---------------
|
Barley....................................................... | 5.0
Buckweat..................................................... | 5.0
Cattle, fat.................................................. | 1.0
Cattle, meat................................................. | 0.1
Cattle, meat byproducts...................................... | 0.1
Corn (except popcorn and sweetcorn).......................... | 5.0
Eggs......................................................... | 0.1
Goats, fat................................................... | 1.0
Goats, meat.................................................. | 0.1
Goats, meat byproducts....................................... | 0.1
Hogs, fat.................................................... | 1.0
Hogs, meat................................................... | 0.1
Hogs, meat byproducts........................................ | 0.1
Horses, fat.................................................. | 1.0
Horses, meat................................................. | 0.1
Horses, meat byproducts...................................... | 0.1
Milk......................................................... | 0.1
Millet....................................................... | 5.0
Mushrooms.................................................... | 1.0
Oats......................................................... | 5.0
Peanuts...................................................... | 2.0
Peanut hulls................................................. | 40.0
Poultry, fat................................................. | 1.0
Poultry, meat................................................ | 0.1
Poultry, meat byproducts..................................... | 0.1
Rice......................................................... | 5.0
Rye.......................................................... | 5.0
Sheep, fat................................................... | 1.0
Sheep, meat.................................................. | 0.1
Sheep, meat byproducts....................................... | 0.1
Sorghum (milo)............................................... | 5.0
Wheat........................................................ | 5.0
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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 sec 185.4150, by revising paragraph (b), to read as follows:
sec 185.4150 Methoprene.
* * * * *
(b) A tolerance of 10 parts per million is established for
residues of isopropyl ((E,E)-11-methoxy-3,7,11-trimethyl-2,4-
dodecadienoate) in or on the food additive commodity cereal
grain milled fractions (except flour and rice hulls).
PART 186-[AMENDED]
3. In part 186:
Authority: 21 U.S.C. 348.
b. In sec 186.4150, by adding new paragraph (d), to read as
follows:
sec 186.4150 Methoprene.
* * * * *
(d) Tolerances are established for residues of the insect
growth regulator methoprene (isopropyl (E,E)-11-methoxy-3,7,11-
trimethyl-2,4-dodecadienoate) in or on the following feed additive
commodities:
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Feed Parts per
million
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Cereal grain milled fractions (except flour and rice hulls).... 10
Rice hulls..................................................... 25
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[FR Doc. 94-11197 Filed 5-9-94; 8:45 am]
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in nature and may no longer be applicable.
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