Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54969 

* * * * * 

[FR Doc. E8–22434 Filed 9–23–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0337; FRL–8382–5] 

Cyfluthrin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes, 

revises, or deletes tolerances for 

residues of cyfluthrin in or on numerous 

raw agricultural commodities. It also 

establishes tolerances for residues of 

beta-cyfluthrin in or on all commodities 

for which cyfluthrin tolerances exist. 

Bayer CropScience requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 24, 2008. Objections and 

requests for hearings must be received 

on or before November 24, 2008, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0337. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Susan Stanton, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5218; e-mail address: 

stanton.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2007–0337 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before November 24, 2008. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2007–0337, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of July 30, 

2008 (73 FR 44264) (FRL–8375–1), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 7F7200) by Bayer 

CropScience, 2 T.W. Alexander Dr., P.O. 

Box 12014, Research Triangle Park, NC 

27709. The petition requested that 40 

CFR 180.436 be amended by: 

• Establishing tolerances for residues 

of the insecticide, cyfluthrin, cyano(4- 

fluoro-3-phenoxyphenyl)methyl-3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropanecarboxylate, in or 

on food commodities barley, grain; 

buckwheat, grain; millet, grain; oat, 

grain; rye, grain; triticale, grain; and 

wheat, grain at 0.15 part per million 

(ppm); corn, field, grain; corn, pop, 

grain; and teosinte, grain at 0.05 ppm; 

sorghum, grain at 3.5 ppm; grain, cereal, 

forage, fodder and hay, group 16, forage, 

except rice at 25 ppm; grain, cereal, 

forage, fodder and hay, group 16, hay, 

except rice at 6.0 ppm; grain, cereal, 

forage, fodder and hay, group 16, stover, 

except rice at 30 ppm; and grain, cereal, 

forage, fodder and hay, group 16, straw, 

except rice at 7.0 ppm. 


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54970 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

• Amending the tolerances in 40 CFR 

180.436 for residues of the insecticide 

cyfluthrin, cyano(4-fluoro-3- 

phenoxyphenyl)methyl-3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the food commodities barley, bran 

from 5.0 ppm to 0.5 ppm; cattle, fat from 

10.0 ppm to 2.0 ppm; cattle, meat from 

0.40 ppm to 0.10 ppm; cattle, meat 

byproducts from 0.40 ppm to 0.10 ppm; 

goat, fat from 10.0 ppm to 2.0 ppm; goat, 

meat from 0.40 ppm to 0.05 ppm; goat, 

meat byproducts from 0.40 ppm to 0.05 

ppm; grain, aspirated fractions from 600 

ppm to 150 ppm; hog, fat from 10.0 ppm 

to 0.5 ppm; hog, meat from 0.40 ppm to 

0.01 ppm; hog, meat byproducts from 

0.40 ppm to 0.01 ppm; horse, fat from 

10.0 ppm to 2.0 ppm; horse, meat from 

0.40 ppm to 0.05 ppm; horse, meat 

byproducts from 0.40 ppm to 0.05 ppm; 

milk from 1.0 ppm to 0.2 ppm; milk, fat 

from 30.0 ppm to 5.0 ppm; oat, bran 

from 5.0 ppm to 0.5 ppm; rye, bran from 

5.0 ppm to 0.5 ppm; sheep, fat from 10.0 

ppm to 2.0 ppm; sheep, meat from 0.40 

ppm to 0.05 ppm; sheep, meat 

byproducts from 0.40 ppm to 0.05 ppm; 

wheat, bran from 6.5 ppm to 0.5 ppm; 

and wheat, shorts from 11.0 ppm to 0.5 

ppm. 

• Deleting the tolerances in 40 CFR 

180.436 for residues of the insecticide, 

cyfluthrin, cyano(4-fluoro-3- 

phenoxyphenyl)methyl-3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the food commodities corn, field, 

forage at 3.0 ppm; corn, field, milled 

byproducts at 7.0 ppm; corn, field, 

refined oil at 30.0; corn, field, stover at 

6.0 ppm; corn, pop, stover at 6.0 ppm; 

corn, sweet, forage at 15.0 ppm; corn, 

sweet, stover at 30.00 ppm; grain, cereal, 

group 15 at 4.0 ppm; rice, bran at 6.0 

ppm; rice, hulls at 18.0 ppm; sorghum, 

grain, forage at 2.0 ppm; sorghum, grain, 

stover at 5.0 ppm; wheat, forage at 5.0 

ppm; wheat, hay at 6.0 ppm; and wheat, 

straw at 6.0 ppm. 

• Creating paragraph (a)(4) in 40 CFR 

180.436 and establishing tolerances for 

residues of the insecticide, betacyfluthrin, cyano(4-fluoro-3- 

phenoxyphenyl)methyl-3-(2,2- 

dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate [mixture 

comprising the enantiomeric pair (R)-acyano-4-fluoro-3-phenoxybenzyl 

(1S,3S)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

(S)-a-cyano-4-fluoro-3-phenoxybenzyl 

(1R,3R)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate with 

the enantiomeric pair (R)-a-cyano-4- 

fluoro-3-phenoxybenzyl (1S,3R)-3-(2,2- 

dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

(S)-a-cyano-4-fluoro-3-phenoxybenzyl 

(1R,3S)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate], in 

or on food commodities alfalfa at 5.0 

ppm; alfalfa, forage at 5.0 ppm; alfalfa, 

hay at 13 ppm; almond, hulls at 0.5 

ppm; barley, bran at 0.5 ppm; barley, 

grain at 0.15 ppm; beet, sugar, dried 

pulp at 1.0 ppm; beet, sugar, roots at 

0.10 ppm; Brassica, head and stem, 

subgroup 5A at 2.5 ppm; Brassica, leafy 

greens, subgroup 5B at 7.0 ppm; 

buckwheat, grain at 0.15 ppm; carrot, 

roots at 0.20 ppm; cattle, fat at 2.0 ppm; 

cattle, meat at 0.10 ppm; cattle, meat 

byproducts at 0.10 ppm; citrus, dried 

pulp at 0.3 ppm; citrus, oil at 0.3 ppm; 

corn, field, grain at 0.05 ppm; corn, pop, 

grain at 0.05 ppm; corn, sweet, kernel 

plus cob with husks removed at 0.05 

ppm; cotton, hulls at 2.0 ppm; cotton, 

refined oil at 2.0 ppm; cotton, 

undelinted seed at 1.0 ppm; egg at 0.01 

ppm; fruit, citrus, group 10 at 0.2 ppm; 

fruit, pome, group 11 at 0.5 ppm; fruit, 

stone, group 12 at 0.3 ppm; goat, fat at 

2.0 ppm; goat, meat at 0.05 ppm; goat, 

meat byproducts at 0.05 ppm; grain, 

aspirated fractions at 150 ppm; grain, 

cereal, forage, fodder and hay, group 16, 

forage, except rice at 25 ppm; grain, 

cereal, forage, fodder and hay, group 16, 

hay, except rice at 6.0 ppm; grain, 

cereal, forage, fodder and hay, group 16, 

stover, except rice at 30 ppm; grain, 

cereal, forage, fodder and hay, group 16, 

straw, except rice at 7.0 ppm; grape at 

1.0 ppm; grape, raisin at 3.5 ppm; grass, 

forage, fodder and hay, group 17, forage 

at 12 ppm; grass, forage, fodder and hay, 

group 17, hay at 50 ppm; hog, fat at 0.5 

ppm; hog, meat at 0.01 ppm; hog, meat 

byproducts at 0.01 ppm; hop, dried 

cones at 20.0 ppm; hop, vines at 4.0 

ppm; horse, fat at 2.0 ppm; horse, meat 

at 0.05 ppm; horse, meat byproducts at 

0.05 ppm; lettuce, head at 2.0 ppm; 

lettuce, leaf at 3.0 ppm; milk at 0.2 ppm; 

milk, fat at 5.0 ppm; millet, grain at 0.15 

ppm; mustard greens at 7.0 ppm; nut, 

tree, group 14 at 0.01 ppm; oat, bran at 

0.5 ppm; oat, grain at 0.15 ppm; pea and 

bean, dried shelled, except soybean, 

subgroup 6C at 0.15 ppm; pea, dry, seed 

at 0.15 ppm; pea, southern, succulent at 

0.25 ppm; peanut at 0.01 ppm; peanut, 

hay at 6.0 ppm; pepper at 0.50 ppm; 

pistachio at 0.01ppm; poultry, fat at 0.01 

ppm; poultry, meat at 0.01 ppm; 

poultry, meat byproducts at 0.01 ppm; 

radish, roots at 1 ppm; rye, bran at 0.5 

ppm; rye, grain at 0.15 ppm; sheep, fat 

at 2.0 ppm; sheep, meat at 0.05 ppm; 

sheep, meat byproducts at 0.05 ppm; 

sorghum, grain, grain at 3.5 ppm; 

soybean, forage at 8.0 ppm; soybean, 

hay at 4.0 ppm; soybean, seed at 0.03 

ppm; sugarcane, cane at 0.05 ppm; 

sugarcane, molasses at 0.20 ppm; 

sunflower, forage at 5.0 ppm; sunflower, 

seed at 0.02 ppm; teosinte, grain at 0.05 

ppm; tomato at 0.20 ppm; tomato, paste 

at 0.5 ppm; tomato, pomace at 5.0 ppm; 

triticale, grain at 0.15 ppm; turnip, 

greens at 7.0 ppm; vegetable, cucurbit, 

group 9 at 0.1 ppm; vegetable, fruiting, 

group 8 at 0.5 ppm; vegetable, leafy 

greens, except Brassica, group 4 at 6.0 

ppm; vegetable, tuberous and corm, 

subgroup 1C at 0.01 ppm; wheat, bran 

at 0.5 ppm; wheat, grain at 0.15 ppm; 

and wheat, shorts at 0.5 ppm. 

The proposed establishments, 

deletions, and revisions to the existing 

tolerances for cyfluthrin on raw 

agricultural commodities were 

requested to support changes in the 

directions for use on cereal grains. The 

existing tolerances were established to 

support the use of cyfluthrin on stored 

grains, a use that was canceled in 2005. 

The revised tolerances will cover 

residues of cyfluthrin resulting from 

foliar applications on cereal grains 

(except rice). 

Beta-cyfluthrin is an enriched isomer 

of cyfluthrin. Currently, residues of 

beta-cyfluthrin are covered by the 

tolerances for cyfluthrin. In accordance 

with Agency preferences regarding 

tolerances for synthetic pyrethroids and 

their isomers, Bayer CropScience has 

proposed establishment of separate 

tolerances for beta-cyfluthrin. The 

proposed beta-cyfluthrin tolerances are 

at the same levels as those for 

cyfluthrin. 

The notice of filing of PP 7E7200 

referenced a summary of the petition 

prepared by Bayer CropScience, the 

registrant, which is available to the 

public in the docket, http:// 

www.regulations.gov. Comments were 

received on the notice of filing. EPA’s 

response to these comments is 

discussed in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 


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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54971 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Consistent with section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

section 408(b)(2)(D) of FFDCA, EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for the petitioned-for 

tolerances for residues of cyfluthrin and 

beta-cyfluthrin as proposed by the 

registrant and specified in Unit II. EPA’s 

assessment of exposures and risks 

associated with establishing these 

tolerances follows. 

On February 27, 2008 the Agency 

published a final rule (73 FR 10390) 

(FRL–8350–3) establishing tolerances 

for residues of cyfluthrin in or on grass, 

forage, fodder and hay group 17, forage 

at 12 ppm; grass, forage, fodder and hay, 

group 17, hay at 50 ppm; beet, sugar, 

roots at 0.10 ppm; and beet, sugar, dried 

pulp at 1.0 ppm. When the Agency 

conducted the risk assessments in 

support of the February 2008 tolerance 

action, it considered all of the changes 

to cyfluthrin/beta-cyfluthrin tolerances 

proposed by the registrant in this action, 

except a few of the proposed tolerance 

reductions and deletions. Consideration 

of the additional tolerance reductions 

and deletions would have resulted in 

lower aggregate risk estimates, as 

explained in the documents Addendum 

to: D331951, Cyfluthrin/Beta-cyfluthrin 

– Human Health Risk Assessment For 

New Uses on Grasses, Alfalfa, and 

Sugar Beet Seed and Revised Tolerances 

on Cereal Grain Commodities; D339413, 

Cyfluthrin and beta-Cyfluthrin, 

Summary of Analytical Chemistry and 

Residue Data; Cyfluthrin and betaCyfluthrin: Second Addendum to 

D331951, Cyfluthrin/Beta-cyfluthrin – 

Human Health Risk Assessment For 

New Uses on Grasses, Alfalfa, and 

Sugar Beet Seed and Revised Tolerances 

on Cereal Grain Commodities; and 

D339413, Cyfluthrin and betaCyfluthrin, Summary of Analytical 

Chemistry and Residue Data. These 

documents are available at http:// 

www.regulations.gov in the docket 

established for this action (EPA–HQ– 

OPP–2007–0337). 

Since EPA considered these new 

tolerances for cyfluthrin and betacyfluthrin in its most recent risk 

assessments, establishing these 

tolerances will not increase the 

estimated aggregate risks resulting from 

use of cyfluthrin/beta-cyfluthrin, as 

discussed in the February 27, 2008 

FRL–8350–3) Federal Register 

document. Refer to this Federal Register 

document, available at http:// 

www.regulations.gov, for a detailed 

discussion of the aggregate risk 

assessments and determination of 

safety. EPA relies upon those risk 

assessments and the findings made in 

the Federal Register document in 

support of this action. 

Based on the risk assessments 

discussed in the final rule published in 

the Federal Register of February 27, 

2008, EPA concludes that there is a 

reasonable certainty that no harm will 

result to the general population, and to 

infants and children from aggregate 

exposure to cyfluthrin residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(gas chromatography (GC)/electroncapture detection (ECD)) is available to 

enforce the tolerance expression. The 

method may be requested from: Chief, 

Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; email address: residuemethods@epa.gov. 

B. International Residue Limits 

CODEX Maximum Residue Levels 

(MRLs) have been established for 

residues of cyfluthrin on cattle milk at 

0.01 ppm and on maize at 0.05 ppm. No 

CODEX MRLs have been established for 

the enriched isomer, beta-cyfluthrin. In 

this tolerance action EPA is establishing 

a tolerance on field corn grain at 0.05 

ppm, equivalent to the CODEX MRL on 

maize. EPA is reducing the existing U.S. 

tolerances for milk and milk fat to 0.2 

ppm and 5.0 ppm, respectively. The 

U.S. milk tolerances are necessarily 

higher than the CODEX MRL due to 

registrations in the United States on 

additional feed items, including grasses, 

the biggest contributor to dairy cattle 

dietary burdens of cyfluthrin. 

C. Response to Comments 

One comment was received from a 

private citizen in response to the notice 

of filing. The commenter requested that 

the petition for cyfluthrin be denied for 

the following reasons: ‘‘It is a suspected 

endocrine disruptor. It is moderately 

toxic and has mortality for many 

species.’’ The commenter presented no 

scientific data or other evidence to 

support the endocrine disruptor claim 

and there is no evidence in the toxicity 

database available to EPA, including the 

2–generation reproduction study, that 

either cyfluthrin or beta-cyfluthrin 

induces any endocrine disruption. EPA 

considered all available scientific data 

for cyfluthrin and the estimated 

aggregate exposure to the pesticide, 

including anticipated dietary (food and 

drinking water) and residential 

exposures, and concluded that there is 

a reasonable certainty that no harm will 

result from aggregate exposure to 

cyfluthrin. The commenter has provided 

no information to alter this finding. 

EPA, therefore, disagrees with the 

commenter that the petition should be 

denied. 

Comments were also received from a 

private citizen asking who had filed the 

petition and expressing general concern 

about pesticide residues in food. The 

petitioner was clearly identified in the 

notice of filing as Bayer CropScience. 

Regarding the commenter’s concern 

about pesticide residues in food, EPA 

has received general comments such as 

this on numerous previous occasions. 

Refer to the following Federal Register 

issues for the Agency’s previous 

responses to these kinds of objections: 

October 29, 2004 (69 FR 63096) (FRL– 

7681–9), January 7, 2005 (70 FR 1354) 

(FRL–7691–4), and June 30, 2005 (70 FR 

37686) (FRL–7718–3). 

V. Conclusion 

Therefore, tolerances are established, 

revised, or deleted for residues of 

cyfluthrin and established for residues 

of beta-cyfluthrin as proposed by the 

registrant and specified in Unit II. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes, revises, or 

delete tolerances under section 408(d) of 

FFDCA in response to a petition 

submitted to the Agency. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Because this final rule has been 

exempted from review under Executive 

Order 12866, this final rule is not 

subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 


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54972 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established, revised, or deleted on 

the basis of a petition under section 

408(d) of FFDCA, such as the tolerances 

in this final rule, do not require the 

issuance of a proposed rule, the 

requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 9, 2008. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.436 is amended by 

revising the section heading and the 

table in paragraph (a)(1) and adding 

paragraph (a)(4) to read as follows: 

§ 180.436 Cyfluthrin and the isomer betacyfluthrin; tolerances for residues. 

(a) * * * (1) * * * 

Commodity Parts per million 

Alfalfa .............................. 5.0 

Alfalfa, forage ................. 5.0 

Alfalfa, hay ...................... 13 

Almond, hulls .................. 0.5 

Barley, bran .................... 0.5 

Barley, grain ................... 0.15 

Beet, sugar, dried pulp ... 1.0 

Beet, sugar, roots ........... 0.10 

Brassica, head and stem, 

subgroup 5A ................ 2.5 

Brassica, leafy greens, 

subgroup 5B ................ 7.0 

Buckwheat, grain ............ 0.15 

Carrot, roots .................... 0.20 

Cattle, fat ........................ 2.0 

Cattle, meat .................... 0.10 

Cattle, meat byproducts 0.10 

Citrus, dried pulp ............ 0.3 

Citrus, oil ......................... 0.3 

Corn, field, grain ............. 0.05 

Corn, pop, grain .............. 0.05 

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.05 

Cotton, hulls .................... 2.0 

Cotton, refined oil ........... 2.0 

Cotton, undelinted seed 1.0 

Egg ................................. 0.01 

Fruit, citrus, group 10 ..... 0.2 

Fruit, pome, group 11 ..... 0.5 

Fruit, stone, group 12 ..... 0.3 

Goat, fat .......................... 2.0 

Goat, meat ...................... 0.05 

Goat, meat byproducts ... 0.05 

Grain, aspirated fractions 150 

Grain, cereal, forage, 

fodder and hay, group 

16, forage, except rice 25 

Grain, cereal, forage, 

fodder and hay, group 

16, hay, except rice .... 6.0 

Commodity Parts per million 

Grain, cereal, forage, 

fodder and hay, group 

16, stover, except rice 30 

Grain, cereal, forage, 

fodder and hay, group 

16, straw, except rice .. 7.0 

Grape .............................. 1.0 

Grape, raisin ................... 3.5 

Grass, forage, fodder 

and hay, group 17, forage .............................. 12 

Grass, forage, fodder 

and hay, group 17, hay 50 

Hog, fat ........................... 0.5 

Hog, meat ....................... 0.01 

Hog, meat byproducts .... 0.01 

Hop, dried cones ............ 20.0 

Hop, vines ....................... 4.0 

Horse, fat ........................ 2.0 

Horse, meat .................... 0.05 

Horse, meat byproducts 0.05 

Lettuce, head .................. 2.0 

Lettuce, leaf .................... 3.0 

Milk ................................. 0.2 

Milk, fat ........................... 5.0 

Millet, grain ..................... 0.15 

Mustard greens ............... 7.0 

Nut, tree, group 14 ......... 0.01 

Oat, bran ......................... 0.5 

Oat, grain ........................ 0.15 

Pea and bean, dried 

shelled, except soybean, subgroup 6C ..... 0.15 

Pea, dry, seed ................ 0.15 

Pea, southern, succulent 0.25 

Peanut ............................ 0.01 

Peanut, hay .................... 6.0 

Pepper ............................ 0.50 

Pistachio ......................... 0.01 

Poultry, fat ...................... 0.01 

Poultry, meat .................. 0.01 

Poultry, meat byproducts 0.01 

Radish, roots .................. 1.0 

Rye, bran ........................ 0.5 

Rye, grain ....................... 0.15 

Sheep, fat ....................... 2.0 

Sheep, meat ................... 0.05 

Sheep, meat byproducts 0.05 

Sorghum, grain, grain ..... 3.5 

Soybean, forage ............. 8.0 

Soybean, hay .................. 4.0 

Soybean, seed ................ 0.03 

Sugarcane, cane ............ 0.05 

Sugarcane, molasses ..... 0.20 

Sunflower, forage ........... 5.0 

Sunflower, seed .............. 0.02 

Teosinte, grain ................ 0.05 

Tomato ............................ 0.20 

Tomato, paste ................. 0.5 

Tomato, pomace ............. 5.0 

Triticale, grain ................. 0.15 

Turnip, greens ................ 7.0 

Vegetable, cucurbit, 

group 9 ........................ 0.1 

Vegetable, fruiting, group 

8 .................................. 0.5 

Vegetable, leafy greens, 

except Brassica, group 

4 .................................. 6.0 

Vegetable, tuberous and 

corm, subgroup 1C ..... 0.01 

Wheat, bran .................... 0.5 

Wheat, grain ................... 0.15 

Wheat, shorts ................. 0.5 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54973 

* * * * * 

(4) Tolerances are established for 

residues of the isomer, beta-cyfluthrin, 

cyano(4-fluoro-3- 

phenoxyphenyl)methyl-3-(2,2- 

dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate [mixture 

comprising the enantiomeric pair (R)-acyano-4-fluoro-3-phenoxybenzyl 

(1S,3S)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

(S)-a-cyano-4-fluoro-3-phenoxybenzyl 

(1R,3R)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate with 

the enantiomeric pair (R)-a-cyano-4- 

fluoro-3-phenoxybenzyl (1S,3R)-3-(2,2- 

dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

(S)-a-cyano-4-fluoro-3-phenoxybenzyl 

(1R,3S)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate], in 

or on the following raw agricultural 

commodities: 

Commodity Parts per million 

Alfalfa .............................. 5.0 

Alfalfa, forage ................. 5.0 

Alfalfa, hay ...................... 13 

Almond, hulls .................. 0.5 

Barley, bran .................... 0.5 

Barley, grain ................... 0.15 

Beet, sugar, dried pulp ... 1.0 

Beet, sugar, roots ........... 0.10 

Brassica, head and stem, 

subgroup 5A ................ 2.5 

Brassica, leafy greens, 

subgroup 5B ................ 7.0 

Buckwheat, grain ............ 0.15 

Carrot, roots .................... 0.20 

Cattle, fat ........................ 2.0 

Cattle, meat .................... 0.10 

Cattle, meat byproducts 0.10 

Citrus, dried pulp ............ 0.3 

Citrus, oil ......................... 0.3 

Corn, field, grain ............. 0.05 

Corn, pop, grain .............. 0.05 

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.05 

Cotton, hulls .................... 2.0 

Cotton, refined oil ........... 2.0 

Cotton, undelinted seed 1.0 

Egg ................................. 0.01 

Fruit, citrus, group 10 ..... 0.2 

Fruit, pome, group 11 ..... 0.5 

Fruit, stone, group 12 ..... 0.3 

Goat, fat .......................... 2.0 

Goat, meat ...................... 0.05 

Goat, meat byproducts ... 0.05 

Grain, aspirated fractions 150 

Grain, cereal, forage, 

fodder and hay, group 

16, forage, except rice 25 

Grain, cereal, forage, 

fodder and hay, group 

16, hay, except rice .... 6.0 

Grain, cereal, forage, 

fodder and hay, group 

16, stover, except rice 30 

Grain, cereal, forage, 

fodder and hay, group 

16, straw, except rice .. 7.0 

Grape .............................. 1.0 

Commodity Parts per million 

Grape, raisin ................... 3.5 

Grass, forage, fodder 

and hay, group 17, forage .............................. 12 

Grass, forage, fodder 

and hay, group 17, hay 50 

Hog, fat ........................... 0.5 

Hog, meat ....................... 0.01 

Hog, meat byproducts .... 0.01 

Hop, dried cones ............ 20.0 

Hop, vines ....................... 4.0 

Horse, fat ........................ 2.0 

Horse, meat .................... 0.05 

Horse, meat byproducts 0.05 

Lettuce, head .................. 2.0 

Lettuce, leaf .................... 3.0 

Milk ................................. 0.2 

Milk, fat ........................... 5.0 

Millet, grain ..................... 0.15 

Mustard greens ............... 7.0 

Nut, tree, group 14 ......... 0.01 

Oat, bran ......................... 0.5 

Oat, grain ........................ 0.15 

Pea and bean, dried 

shelled, except soybean, subgroup 6C ..... 0.15 

Pea, dry, seed ................ 0.15 

Pea, southern, succulent 0.25 

Peanut ............................ 0.01 

Peanut, hay .................... 6.0 

Pepper ............................ 0.50 

Pistachio ......................... 0.01 

Poultry, fat ...................... 0.01 

Poultry, meat .................. 0.01 

Poultry, meat byproducts 0.01 

Radish, roots .................. 1.0 

Rye, bran ........................ 0.5 

Rye, grain ....................... 0.15 

Sheep, fat ....................... 2.0 

Sheep, meat ................... 0.05 

Sheep, meat byproducts 0.05 

Sorghum, grain, grain ..... 3.5 

Soybean, forage ............. 8.0 

Soybean, hay .................. 4.0 

Soybean, seed ................ 0.03 

Sugarcane, cane ............ 0.05 

Sugarcane, molasses ..... 0.20 

Sunflower, forage ........... 5.0 

Sunflower, seed .............. 0.02 

Teosinte, grain ................ 0.05 

Tomato ............................ 0.20 

Tomato, paste ................. 0.5 

Tomato, pomace ............. 5.0 

Triticale, grain ................. 0.15 

Turnip, greens ................ 7.0 

Vegetable, cucurbit, 

group 9 ........................ 0.1 

Vegetable, fruiting, group 

8 .................................. 0.5 

Vegetable, leafy greens, 

except Brassica, group 

4 .................................. 6.0 

Vegetable, tuberous and 

corm, subgroup 1C ..... 0.01 

Wheat, bran .................... 0.5 

Wheat, grain ................... 0.15 

Wheat, shorts ................. 0.5 

* * * * * 

[FR Doc. E8–22477 Filed 9–23–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006-0175; FRL–8382–3] 

Pesticides; Food Packaging Treated 

with a Pesticide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule excepts food 

packaging materials (e.g. paper and 

paperboard, coatings, adhesives, and 

polymers) from the definitions of 

‘‘pesticide chemical’’ and ‘‘pesticide 

chemical residue’’ under the Federal 

Food Drug and Cosmetic Act (FFDCA) 

section 201(q), when such food 

packaging materials have been treated 

with a pesticide regulated under the 

Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA). This final rule 

expands the scope of the current 

exception which applies only to food 

packaging impregnated with an insect 

repellent – one type of pesticide. This 

final rule, as with the rule it amends, 

only applies to the food packaging 

materials themselves; it does not 

otherwise limit EPA’s FFDCA 

jurisdiction over the pesticidal 

substances in or on such products or 

limit FDA’s jurisdiction over substances 

subject to FDA regulation as food 

additives. This rule eliminates 

duplicative FFDCA jurisdiction and 

economizes federal government 

resources while continuing to protect 

human health and the environment. It is 

important to note that under the Federal 

Insecticide, Fungicide and Rodenticide 

Act (FIFRA), EPA will continue to 

regulate the food packaging as an inert 

ingredient of the pesticide product and 

regulate the pesticide active ingredient 

in the treated food packaging under both 

FIFRA and the FFDCA (except as 

otherwise provided by statute). The text 

of this final rule is identical to a direct 

final rule EPA issued on December 6, 

2006. EPA received several comments 

opposing that direct final rule and 

therefore withdrew the rule on February 

2, 2007, consistent with EPA policy. 

EPA issued a subsequent proposed rule 

on April 6, 2007 for additional public 

comment. 

DATES: This final rule is effective 

September 24, 2008. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2006–0175. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 


rwilkins on PROD1PC63 with RULES