tomato pinworm (TPW) Tolerance Exemption--Final Rule 6/93
Exemption From Pesticide Tolerances for Tomato Pinworm Insect
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This rule modifies an exemption from the requirement
of a tolerance for residues of the tomato pinworm (TPW) insect
pheromone, (E)- and (Z)-4-tridecen-1-yl acetate, in or on all
raw agricultural commodities. This regulation to establish an
exemption from the requirement of a tolerance for the TPW insect
pheromone was requested pursuant to a petition submitted by
EFFECTIVE DATE: Effective June 25, 1993.
ADDRESSES: Written objections, identified by the document control
number, [PP 2F4039/R2002], must be submitted to: Hearing Clerk
(A-110), Environmental Protection Agency, Rm. 3708, 401 M St.,
SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: By mail: Phillip O. Hutton,
Product Manager (PM) 18, Registration Division (H7505C), 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)-557-2386.
SUPPLEMENTARY INFORMATION: In the Federal Register of March
11, 1992 (57 FR 8658), EPA issued a notice which announced that
Scentry, Inc., P.O. Box 426, Buckeye, AZ 85326-0090, had submitted
a pesticide petition (PP 2F4039) to EPA proposing to amend 40
CFR part 180, under section 408 of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. 346a, by establishing a regulation to
exempt from the requirement of a tolerance the tomato pinworm
insect pheromone NoMate TPW Spiral ([E/Z]-4-tridecen-1-yl acetates).
On April 1, 1992, Scentry indicated in a letter to EPA that
the initial notice of filing was incorrect. In the Federal Register
of June 10, 1992 (57 FR 24647), EPA issued a notice which announced
a correction to the initial notice of receipt correcting Scentry,
Inc.'s, address as 610 Central Ave., Billings, MT 59102, and
that Scentry, Inc., proposed amending 40 CFR 180.1064 by establishing
a regulation to exempt from the requirement of a tolerance the
insect pheromone containing the active ingredients [E/Z]-4-tridecen-
1-yl acetates in or on all raw agricultural commodities. On
May 20, 1992, the petition was modified to limit the amount
of TPW phermone applied per acre per year, with the number of
applications per year limited to 10. On January 15, 1993, the
petition was further modified to limit application of the TPW
pheromone to point source dispensers.
Other than Scentry's April 1, 1992 comments, there were no
comments or requests for referral to an advisory committee received
in response to the notice of filing and correction. The scientific
data submitted in the petition and other relevant material have
been evaluated. A discussion of the toxicological data considered
in support of the tolerance can be found in the rule (PP 1F2464/R432)
establishing an exemption from the requirement of a tolerance
for the TPW pheromone when used in a chopped fiber or tape,
published in the Federal Register of October 13, 1981 (46 FR
50371). The Agency has evaluated the petitioner's request to
modify the current tolerance exemption for the TPW pheromone,
40 CFR 180.1064. These modifications include (1) expanding the
crops covered by this exemption to all raw agricultural commodities,
(2) broadening the allowable method of application from tape
or chopped fiber to any point source dispenser, and (3) limiting
cumulative yearly application to 200 grams TPW pheromone/acre.
These modifications are supported by the existing mammalian
acute toxicology and mutagenicity data base, which showed no
significant adverse effects in any test.
Based on the information cited above, the Agency has determined
that the establishment of the exemption from the requirement
of a tolerance by amending 40 CFR part 180 will protect the
public health. Therefore, the tolerance is established as set
Any person adversely affected by this regulation may, within
30 days after the date of publication of this document in the
Federal Register, file written objections and/or a request for
a hearing with the Hearing Clerk at the address given above.
40 CFR 178.20. 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 each such issue, 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 section 3 of Executive Order 12291.
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 Part 180
Administrative practice and procedure, Agricultural commodities,
Pesticides and pests, Reporting and recordkeeping requirements
Dated: June 15, 1993.
Douglas D. Campt,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
1. The authority citation for part 180 continues to read
Authority: 21 U.S.C. 346a and 371.
2. Section 180.1064 is revised to read as follows:
. 180.1064 Tomato pinworm insect pheromone; exemption from
the requirement of a tolerance.
An exemption from the requirement of a tolerance is established
for combined residues of both components of the tomato pinworm
insect pheromone (E)-4-tridecen-1-yl acetate and (Z)-4-tridecen-
1-yl acetate in or on all raw agricultural commodities (preharvest)
in accordance with the following prescribed conditions:
(a) Application shall be limited solely to point source dispensers
or point source chopped fibers containing the tomato pinworm
(b) Cumulative yearly application cannot exceed 200 grams
of tomato pinworm pheromone per acre.
[FR Doc. 93-15022 Filed 6-24-93; 8:45 am]