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biochemical floral attractants Tolerance Exemption 3/94

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[PP 3F4196/R2045; FRL-4762-3]

RIN 2070-AB78

Biochemical Pesticide Plant Floral Volatile Attractant Compounds: 

Cinnamaldehyde, Cinnamyl Alcohol, 4-methoxy Cinnamaldehyde 3-

Phenyl Propanol, 4-Methoxy Phenethyl Alcohol, Indole, and 1,2,4-

Trimethoxybenzene; Exemption From the Requirement of a Pesticide 

Tolerance 



AGENCY: Environmental Protection Agency (EPA). 


ACTION: Final rule.

------------------------------------------------------------

SUMMARY: This rule establishes an exemption from the requirement 

of a tolerance for residues of the following biochemical pesticide 

plant floral volatile attractant compounds: cinnamaldehyde, 

cinnamyl alcohol, 4-methoxy cinnamaldehyde, 3-phenyl propanol, 

4-methoxy phenethyl alcohol, indole, and 1,2,4-trimethoxybenzene 

in or on specific raw agricultural commodities as dispersed 

from the pesticidal bait Corn Rootworm Bait(R). Micro Flo Co. 

petitioned EPA to establish an exemption from the requirement 

of a tolerance for the compounds.



EFFECTIVE DATE: Effective April 5, 1994. 



ADDRESSES: Written objections and hearing requests, identified 

by the document control number, [PP 3F4196/R2045; FRL-4762-3], 

may be submitted to: Hearing Clerk (1900), Environmental Protection 

Agency, Rm. 3708, 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 requests 

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)-305-7096. 



SUPPLEMENTARY INFORMATION: In the Federal Register of October 

21, 1993 (58 FR 54353), EPA issued a notice which announced 

that Micro Flo Co., P.O. Box 5948, Lakeland, FL 33807, had submitted 

a pesticide petition (PP 3F4196) 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 residues of the following 

biochemical pesticide plant floral volatile attractant compounds: 

cinnamaldehyde, cinnamyl alcohol, 4-methoxy cinnamaldehyde, 

3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, and 

1,2,4-trimethoxybenzene on the following raw agricultural commodities: 

the following field crops-alfalfa, clover, cotton, dandelion, 

peanuts (including hay), rice, sorghum (milo), soybeans, sunflower, 

sweet potatoes, and wheat; the following vegetable crops- asparagus, 

beans (including forage hay), beets, carrots, celery, cole crops 

(cabbage, broccoli, brussels sprouts, cauliflower), collards 

(kale, mustard greens, turnip greens, kohlrabi), corn, fresh 

(field, sweet, pop, seed), corn fodder and forage, chinese cabbage, 

cowpeas, cucurbitis (cucumbers, squash, pumpkin), egg plant, 

endive (escarole), horseradish (radish, rutabagas, turnip roots), 

leafy greens (spinach, swiss chard), lettuce (head leaf), okra, 

parsley, parsnip, peas, peas with pods, peppers, potatoes, sugar 

beets, tomatoes; the following tree fruit, berry and nut crops-

almonds, apples, apricots, berries (blackberry, boysenberry, 

dewberry, loganberry, raspberry), blueberry, cherry, citrus 

(grapefruit, kumquat, lemon, lime, orange, tangelo, and tangerine) 

cranberry, grapes, melons, (watermelon, honeydew, crenshaw, 

cantaloupe, casaba, persian), nectarines, pears, pecans, peaches, 

and strawberry as dispersed from the end-use product Corn RootwormBait(R), 

a pesticidal bait. 



   The Agency has classified the seven floral attractants as 

biochemical pesticides based on their nontoxic mode of action 

and the natural occurrence of the components. The Agency notes 

that with the exception of 4-methoxy phenethyl alcohol and 1,2,4-

trimethoxybenzene, the various components are used in the flavor 

and fragrance industry and are considered generally recognized 

as safe by the Flavor and Extract Manufacturers Association.



Residue Chemistry Data



   No residue chemistry data were required. The Agency has taken 

into consideration the use pattern of the end-use product, its 

formulation, and the low application rate of the subject plant 

floral volatile attractants from the end-use product. The application 

rate of the subject attractants would be less than or equal 

to 20 grams of each per acre per application, given a maximum 

label rate of 5 applications of 10 pounds of Corn Rootworm Bait(R) 

formulation per acre per season.



Toxicology Data



   Furthermore, the Agency has evaluated the toxicology submissions 

provided by the petitioner. Completed mammalian acute toxicology 

studies for the end-use product indicate the following: acute 

oral toxicity in rats (LD50 > 5,000 mg/kg, Toxicity Category 

IV), acute dermal toxicity in rabbits (LD50 > 2,000 mg/kg, Toxicity 

Category III), acute inhalation toxicity in rats (LD50 >6.08 

mg/kg, Toxicity Category IV), primary dermal irritation in rabbits 

(Toxicity Category IV), primary eye irritation in rabbits (Toxicity 

Category I), dermal sensitization study in guinea pigs (not 

a sensitizer), and an Ames assay (not mutagenic).

   No comments were received in response to the Agency's announcement 

of the petition (PP 3F4196) in the Federal Register of October 

21, 1993 (58 FR 54353) proposing the exemption.

   Based on the information cited above and the conditions of 

use, the Agency has determined that the establishment of an 

exemption from the requirement of a tolerance in 40 CFR part 

180 will protect the public health. Therefore, the tolerance 

is established as set forth below.

   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



   Environmental protection, Administrative practice and procedure, 

Agricultural commodities, Pesticides and pests, Reporting and 

recordkeeping requirements.



Dated: March 29, 1994.





Douglas D. Campt,

Director, Office of Pesticide Programs.

   Therefore, 40 CFR part 180 is amended as follows: 



PART 180-[AMENDED]



   1. The authority citation for 40 CFR part 180 continues to 

read as follows:



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



   2. In subpart D, by adding new sec  180.1127, to read as follows:



sec 180.1127   Biochemical pesticide plant floral volatile attractant 

compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy cinnamaldehyde, 

3-phenyl propanol, 4-methoxy phenethyl alcohol, indole, and 

1,2,4-trimethoxybenzene; exemptions from the requirement of 

a tolerance.



   Residues of the biochemical pesticide plant floral volatile 

attractant compounds: cinnamaldehyde, cinnamyl alcohol, 4-methoxy 

cinnamaldehyde, 3-phenyl propanol, 4-methoxy phenethyl alcohol, 

indole, and 1,2,4-trimethoxybenzene are exempt from the requirement 

of a tolerance in or on the following raw agricultural commodities: 

the following field crops-alfalfa, clover, cotton, dandelion, 

peanuts (including hay), rice, sorghum (milo), soybeans, sunflower, 

sweet potatoes, and wheat; the following vegetable crops- asparagus, 

beans (including forage hay), beets, carrots, celery, cole crops 

(cabbage, broccoli, brussels sprouts, cauliflower), collards 

(kale, mustard greens, turnip greens, kohlrabi), corn, fresh 

(field, sweet, pop, seed), corn fodder and forage, chinese cabbage, 

cowpeas, cucurbitis (cucumbers, squash, pumpkin), egg plant, 

endive (escarole), horseradish (radish, rutabagas, turnip roots), 

leafy greens (spinach, swiss chard), lettuce (head leaf), okra, 

parsley, parsnip, peas, peas with pods, peppers, potatoes, sugar 

beets, tomatoes; the following tree fruit, berry and nut crops-

almonds, apples, apricots, berries (blackberry, boysenberry, 

dewberry, loganberry, raspberry), blueberry, cherry, citrus 

(grapefruit, kumquat, lemon, lime, orange, tangelo, and tangerine) 

cranberry, grapes, melons, (watermelon, honeydew, crenshaw, 

cantaloupe, casaba, persian), nectarines, pears, pecans, peaches, 

and strawberry as dispersed from the end-use product Corn Rootworm 

Bait(R), a pesticidal bait, in accordance with the prescribed 

conditions in paragraph (a) of this section.

   (a) Cumulative yearly application cannot exceed 20 grams 

of each floral attractant/acre/application.

   (b) [Reserved].



[FR Doc. 94-8105 Filed 4-4-94; 8:45 am]