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Tefluthrin (Zeneca). August 3, 1994. Pesticide Tolerances. Proposed Rule. Federal Register.
[Federal Register: August 3, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [PP 7F3521/P587; FRL-4898-7] RIN 2070-AC18 Pesticide Tolerances for Tefluthrin AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- 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)-(<plus-minus>)-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)-(<plus-minus>)-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: ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ Corn, grain, field, and pop................................ 0.02 Corn, forage and fodder, field and pop..................... .06 ------------------------------------------------------------------------ [FR Doc. 94-18765 Filed 8-2-94; 8:45 am] BILLING CODE 6560-50-F