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[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Rules and Regulations]
[Pages 16051-16053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7715]

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[[Page 16052]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 185 and 186

[FAP 3H5673, 4H5695, 4H5696/R2119; FRL-4942-9]
RIN 2070-AB78

Food and Feed Additive Regulations for d-Limonene, Dihydro-5-
Pentyl-2(3H)-Furanone, and Dihydro-5-Heptyl-2(3H)-Furanone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes food/feed additive regulations for 
residues of the insecticides d-limonene, dihydro-5-pentyl-2(3H)-
furanone, and dihydro-5-heptyl-2(3H)-furanone when used as active 
ingredients in insect-repellent tablecloths and in insect-repellent 
strips used in food/feed handling establishments. Rod Products Co. 
requested these regulations.

EFFECTIVE DATE: These regulations become effective March 29, 1995.

ADDRESSES: Written objections, identified by the document control 
number, [FAP 3H5673, 4H5695, 4H5696/R2119], 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 
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: Robert A. Forrest, Product 
Manager (PM) 14, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 219, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-6600; e-mail: 
Forrest.R[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of February 8, 1995 
(60 FR 7511), EPA issued a proposed rule that gave notice that Rod 
Products Co., 4600 Glencoe Ave., No. 4, Marina del Rey, CA 90292-6363, 
had submitted to EPA food/feed additive petitions (FAPs) 3H5673, 
4H5695, and 4H5696, which requested that the Administrator, pursuant to 
section 409 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 348, amend 40 CFR parts 185 and 186 by establishing regulations 
for residues for d-limonene, dihydro-5-pentyl-2(3H)-furanone, and 
dihydro-5-heptyl-2(3H)-furanone when used as active ingredients in 
insecticide-repellent tablecloths used in food/feed-handling 
establishments. The registrant subsequently requested the addition of 
insect repellent strips used in food/feed handling establishments.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted on 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 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 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 of 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 185 and 186

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

    Dated: March 22, 1995.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

    Therefore, chapter I of title 40 of the Code of Federal Regulations 
is amended as follows:

PART 185--[AMENDED]

    1. In part 185:
    a. The authority citation for part 185 continues to read as 
follows:

    [[Page 16053]] Authority: 21 U.S.C. 346a and 348.

    b. By adding new Secs. 185.1975, 185.1985, and 185.3775, to read as 
follows:

Sec. 185.1975   Dihydro-5-heptyl-2(3H)-furanone.

    The food additive dihydro-5-heptyl-2(3H)-furanone may be safely 
used in accordance with the following conditions:
    (a) It is used in combination with the active ingredients d-
limonene and dihydro-5-pentyl-2(3H)-furanone in insect-repellent 
tablecloths and in insect-repellent strips used in food-handling 
establishments.
    (b) To assure safe use of the insecticide, its label and labeling 
shall conform to that registered by the U.S. Environmental Protection 
Agency, and it shall be used in accordance with such label and 
labeling.

Sec. 185.1985   Dihydro-5-pentyl-2(3H)-furanone.

    The food additive dihydro-5-pentyl-2(3H)-furanone may be safely 
used in accordance with the following conditions:
    (a) It is used in combination with the active ingredients d-
limonene and dihydro-5-heptyl-2(3H)-furanone in insect-repellent 
tablecloths and in insect-repellent strips used in food-handling 
establishments.
    (b) To assure safe use of the insecticide, its label and labeling 
shall conform to that registered by the U.S. Enviornmental Protection 
Agency, and it shall be used in accordance with such label and 
labeling.

Sec. 185.3775   d-Limonene.

    The food additive d-limonene may be safely used in accordance with 
the following conditions:
    (a) It is used with the active ingredients dihydro-5-pentyl-2(3H)-
furanone and dihydro-5-heptyl-2(3H)-furanone in insect-repellent 
tablecloths and in insect-repellent strips used in food-handling 
establishments.
    (b) To assure safe use of the insecticide, its label and labeling 
shall conform to that registered by the U.S. Environmental Protection 
Agency, and it shall be used in accordance with such label and 
labeling.

PART 186--[AMENDED]

    2. In part 186:
    a. The authority citation for part 186 continues to read as 
follows:

    Authority: 21 U.S.C. 348.

    b. By adding new Secs. 186.1975, 186.1985, and 186.3775, to read as 
follows:

Sec. 186.1975   Dihydro-5-heptyl-2(3H)-furanone.

    The feed additive dihydro-5-heptyl-2(3H)-furanone may be safely 
used in accordance with the following conditions:
    (a) It is used in combination with the active ingredients d-
limonene and dihydro-5-pentyl-2(3H)-furanone in insect-repellent 
tablecloths and in insect-repellent strips used in feed-handling 
establishments.
    (b) To assure safe use of the insecticide, its label and labeling 
shall conform to that registered by the U.S. Environmental Protection 
Agency, and it shall be used in accordance with such label and 
labeling.

Sec. 186.1985   Dihydro-5-pentyl-2(3H)-furanone.

    The feed additive dihydro-5-pentyl-2(3H)-furanone may be safely 
used in accordance with the following conditions:
    (a) It is used in combination with the active ingredients d-
limonene and dihydro-5-heptyl-2(3H)-furanone in insect-repellent 
tablecloths and in insect-repellent strips used in feed-handling 
establishments.
    (b) To assure safe use of the insecticide, its label and labeling 
shall conform to that registered by the U.S. Enviornmental Protection 
Agency, and it shall be used in accordance with such label and 
labeling.

Sec. 186.3775   d-Limonene.

    The feed additive d-limonene may be safely used in accordance with 
the following conditions:
    (a) It is used with the active ingredients dihydro-5-pentyl-2(3H)-
furanone and dihydro-5-heptyl-2(3H)-furanone in insect-repellent 
tablecloths and in insect-repellent strips used in feed-handling 
establishments.
    (b) To assure safe use of the insecticide, its label and labeling 
shall conform to that registered by the U.S. Environmental Protection 
Agency, and it shall be used in accordance with such label and 
labeling.

[FR Doc. 95-7715 Filed 3-28-95; 8:45 am]
BILLING CODE 6560-50-F
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