[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19852-19854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10917]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 4F4406/R2222; FRL-5358-5]
RIN 2070-AB78


Tefluthrin; Renewal of Time-limited Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes a tolerance for the combined residues of 
the pyrethroid tefluthrin and its metabolites in or on the raw 
agricultural commodity (RAC) corn, fresh (including sweet K + CWHR) at 
0.06 parts per million (ppm), and corn, forage and fodder, sweet at 
0.06 ppm and renews time-limited tolerances for tefluthrin on the RAC's 
corn, grain, field, and pop; corn forage and fodder, field and pop. 
These regulations to establish maximum permissible levels for residues 
of the chemical and renew tolerances were requested in a petition 
submitted by Zeneca Ag Products.

 EFFECTIVE DATE: This regulation becomes effective May 3, 1996.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 4F4406/R2222], may be submitted to: 
Hearing Clerk (A-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.
    An electronic copy of objections and hearing requests filed with 
the Hearing Clerk may be submitted to OPP by sending electronic mail 
(e-mail) to: <a href="/cdn-cgi/l/email-protection#4e213e3e632a212d252b3a0e2b3e2f232f2722602b3e2f60292138"><span class="__cf_email__" data-cfemail="214e51510c454e424a4455614451404c40484d0f4451400f464e57">[email protected]</span></a>.
    Copies of electronic objections and hearing requests must be 
submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Copies of electronic objections and hearing 
requests will also be accepted on disks in WordPerfect 5.1 file format 
or ASCII file format. All copies of electronic objections and hearing 
requests must be identified by the docket number [PP 4F4406/R2222] . No 
Confidential Business Information (CBI) should be submitted through e-
mail. Copies of electronic objections and hearing requests on this rule 
may be filed online at many Federal Depository Libraries. Additional 
information on electronic submissions can be found below in this 
document.

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. 200, CM#2, 1921 
Jefferson Davis Highway, Arlington, VA 22202 (703) 305-6100; e-mail: 
<a href="/cdn-cgi/l/email-protection#4d212c3f222e2e2c632a28223f2a280d283d2c202c242163283d2c632a223b"><span class="__cf_email__" data-cfemail="bed2dfccd1dddddf90d9dbd1ccd9dbfedbcedfd3dfd7d290dbcedf90d9d1c8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: EPA issued a notice published in the Federal 
Register of February 8, 1995 (60 FR 7540)(FRL-4926-4), which announced 
that Zeneca Ag Products had submitted pesticide petition (PP) 4F4406 to 
EPA requesting that the Administrator, pursuant to section 408(d) of 
the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d ), 
establish a tolerance for the combined residues of the insecticide 
tefluthrin (2,3,5,6-tetrafluro-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-trifluroro-1-propenyl)-2,2-dimethylcyclopropanecarboxylic acid, 
in or on the raw agricultural commodity corn, fresh (including sweet K 
+ CWHR) at 0.06 ppm, and corn, forage and fodder, sweet at 0.06 parts 
per million (ppm).
    No comments were received in response to the notice of filing.
    The scientific data submitted in the petition and other relevant 
material have been evaluated. The toxicological and metabolism data 
considered in support of the tolerance are discussed in detail in 
related documents published in the Federal Register of February 1, 1989 
(54 FR 5080).
    A dietary exposure/risk assessment was performed for teflutrhin on 
sweet corn using a Reference Dose (RfD) of 0.005 mg/kg/day, based on a 
no-observed-effect-level (NOEL) of 0.5 mg/kg bwt/day from a 1- year dog 
feeding study with an uncertainty factor of 100. The endpoint of 
concern was increased incidence of ataxia. The Theoretical Maximum 
Residue Contribution (TMRC) from established tolerances utilizes 0.41% 
of the RfD for the U. S. population or 0.69% of the RfD if the new 
tolerance is granted. Established tolerances utilize 1.06% of the RfD 
for nonnursing infants less than 1 year old, the subgroup with the 
highest estimated exposure to tefluthrin residues or 1.71% of the RfD 
if the new tolerance is granted.
    Generally speaking, EPA has no cause for concern if total residue 
contribution for published and final tolerances is less than the RfD.
    The nature of tefluthrin residue in plants and animals for this 
corn use is adequately understood. The residues of concern is 
tefluthrin and its metabolite. There is no reasonable expectation of 
secondary residues in animal tissues and milk from the use as 
delineated in 40 CFR 180.6(a)(3). An adequate analytical method, gas 
liquid chromatography with an electron capture detector, is available 
for enforcement purposes. The enforcement methodology has been 
submitted to the Food and Drug Administration, and is published in the 
Pesticide Analytical Manual Vol. II (PAM II).
    In the Federal Register of September 30, 1994 (59 FR 49824) EPA 
amended 40 CFR 180.440 by extending to November 15, 1995 tolerances of 
0.06 ppm for residues of tefluthrin in or on field and pop, corn grain 
including, forage and fodder. The tolerances were extedned to coincide 
with the extension of the conditional registration of this pesticide to 
allow time for EPA to review data and complete an aquatic risk 
assessment for use on field and pop corn. The basis for the extension 
is discussed in detail in the above Federal Register notice. On 
November 14, 1995 EPA again amended the conditional

[[Page 19853]]

registration of this pesticide on field and pop corn by extending the 
expiration date to November 15, 1996. The registration was amended and 
extended for an additional year to allow time for submission and 
evaluation of additional data/information on aquatic risk mitigation, 
specifically, surface-water runoff data. Zeneca Ag Products submitted 
this information on December 1, 1995.
    To be consistent with the extension issued for the conditional 
registration the Agency is renewing the tolerances on field and pop 
corn grains, including their forage and fodder, with an expiration date 
of November 15, 1997 to cover residues expected to result from use 
during the period of conditional registration.
    With respect to the additional use of tefluthrin on sweet corn, the 
Agency concluded that this additional use would not cause a significant 
increase in the risk of adverse effects to the environment. This 
conclusion was premised mainly on the following:
    1. The directions for use and precautions for use of tefluthrin on 
sweet corn are identical to the current directions for use for 
tefluthrin on field and pop corn.
    2. Current, interim aquatic risk mitigation measures approved for 
use on field and pop corn will also be used for application on sweet 
corn.
    To be consistent with the conditional registration and renewal on 
field and pop corn the Agency is issuing a conditional registration 
with an expiration date of November 15, 1996 and establishing a time-
limited tolerance on sweet corn and its forage and fodder with an 
expiration date of November 15, 1997 to cover residues expected to 
result from use during the period of conditioanl registration.
    Upon evaluation of the additional data/information required as a 
condition of the registration for this insecticide on corn the Agency 
will reassess the tolerances and the registration, and if appropriate, 
will issue permanent tolerances and an unconditional registration for 
the insecticide on corn.
    Residues remaining in or on the above commodities after expiration 
of these tolerances will not be considered actionable if the pesticide 
is legally applied during the term of and in accordance with the 
provisions of the conditional registration.
    There are presently no actions pending against the continued 
registration of this chemical.
    Based on the information and data considered, the Agency has 
determined that the tolerance established by amending 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 publication of this document in the Federal Register, file 
written objections to the regulation and may also request a hearing on 
those objections. Objections and hearing requests must be filed 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 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).
    A record has been established for this rulemaking under the docket 
number [PP 4F4406/R2222] (including any comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Room 1132 of the Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rule-making record 
which will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to all the requirements of the Executive Order 
(i.e., Regulatory Impact Analysis, review by the Office of Management 
and Budget (OMB)). Under section 3(f), the order defines 
``significant'' as those actions likely to lead to 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 known 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 (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 this 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. 9-354, 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).
    In addition, this action does not impose any enforceable duty, or 
contain any ``unfunded mandates'' as described in Title II of the 
Unfunded Mandates Reform Act of 1995 (P.L. 104-4), or require prior 
consultation as specified by Executive Order 12875 (58 FR 58093, 
October 28, 1993), entitled Enhancing the Intergovenmental Partnership, 
or special considerations as required by Executive Order 12898 (59 FR 
7629, February 16, 1994).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,

[[Page 19854]]

Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: April 4, 1996.

Susan Lewis,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

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

    2. By revising 180.440, and the table therein to read as follows:


Sec. 180.440  Tefluthrin; tolerances for residues.

    Tolerances, to expire on November 15, 1997, are established for the 
combined residues of the insecticide tefluthrin (2,3,5,6-tetrafluro-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)3-3-(2-chloro-3,3,3-trifluro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylic acid raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Corn, grain, field and pop.................................         0.06
Corn, forage and fodder, field, pop and sweet..............         0.06
Corn, fresh (including sweet K and CWHR)...................         0.06
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[FR Doc. 96-10917 Filed 5-2-96; 8:45 am]
BILLING CODE 6560-50-F

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