[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Rules and Regulations]
[Pages 1796-1802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-735]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300958; FRL-6398-5]
RIN 2070-AB78
Emamectin Benzoate; Pesticide Tolerances for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes time-limited tolerances for
combined residues of emamectin benzoate and its metabolites and
photodegradates emamectin benzoate, 4'-epi-methylamino- 4'-
deoxyavermectin B1 benzoate (a mixture of a minimum of 90%
4'-epi-methylamino-4'- deoxyavermectin B1a and a maximum of
10% 4'-epi-methlyamino-4'deoxyavermectin B1b benzoate) and
its metabolites 8,9 isomer of the B1a and B1b
component of the parent insecticide (8,9 ZMA); 4'-deoxy-4'-epi-
aminoavermectin B1 (AB1a); 4'deoxy-4'-epi-(N-
formyl-N-methyl)amino-avermectin (MFB1a); and 4'-deoxy-4'-
epi-(N-formyl)amino-avermectin B1(FAB1a) (CAS
No.137512-74-4), in or on cottonseed, cottonseed oil, cotton meal,
hulls, and gin trash; and the milk, meat, fat, kidney, and liver of
cattle, goats, sheep, and swine. This action is in response to EPA's
granting of an emergency exemption under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act authorizing use of the
pesticide on cotton. This regulation establishes maximum permissible
levels for residues of emamectin benzoate in these food and feed
commodities. The tolerances will expire and are revoked on December 31,
2001.
DATES: This regulation is effective January 12, 2000. Objections and
requests
[[Page 1797]]
for hearings, identified by docket control number OPP-300958, must be
received by EPA on or before March 13, 2000.
ADDRESSES: Written objections and hearing requests may be submitted by
mail, in person, or by courier. Please follow the detailed instructions
for each method as provided in Unit VII. of the ``SUPPLEMENTARY
INFORMATION.'' To ensure proper receipt by EPA, your objections and
hearing requests must identify docket control number OPP-300958 in the
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460; telephone
number: (703) 308-9356; and e-mail address: beard.andrea@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 categories and entities may include, but are not
limited to:
------------------------------------------------------------------------
Examples of
Categories NAICS codes potentially
affected entities
------------------------------------------------------------------------
Industry 111 Crop production
112 Animal production
311 Food manufacturing
32532 Pesticide
manufacturing
------------------------------------------------------------------------
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under `` FOR FURTHER INFORMATION
CONTACT.''
B. How Can I Get Additional Information, Including Copies of This
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register-Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number OPP-300958. The official record
consists of the documents specifically referenced in this action, and
other information related to this action, including any information
claimed as Confidential Business Information (CBI). This official
record includes the documents that are physically located in the
docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period is available for
inspection in the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy.,
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.
II. Background and Statutory Findings
EPA, on its own initiative, in accordance with sections 408(l)(6)
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, is
establishing tolerances for combined residues of the insecticide
emamectin benzoate, in or on cottonseed at 0.002 part per million
(ppm), cottonseed oil at 0.006 ppm, cotton meal at 0.002 ppm, cotton
hulls at 0.004 ppm, and cotton gin trash at 0.025 ppm; and the milk,
meat, fat, kidney, and liver of cattle, goats, sheep, and swine at
0.002 ppm. These tolerances will expire and are revoked on December 31,
2001. EPA will publish a document in the Federal Register to remove the
revoked tolerances from the Code of Federal Regulations.
Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related tolerances to set binding precedents for the
application of section 408 and the new safety standard to other
tolerances and exemptions.
Section 408(b)(2)(A)(i) of the 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) 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)
requires EPA to give special consideration to exposure 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. . . .''
Section 18 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizes EPA to exempt any Federal or State agency from
any provision of FIFRA, if EPA determines that ``emergency conditions
exist which require such exemption.'' This provision was not amended by
the Food Quality Protection Act (FQPA). EPA has established regulations
governing such emergency exemptions in 40 CFR part 166.
III. Emergency Exemption for Emamectin Benzoate on Cotton and FFDCA
Tolerances
Beet armyworm has infested cotton fields to a high degree in recent
growing seasons. This pest had not previously been a significant pest
in cotton, and had been controlled with available alternatives.
However, in recent years, beet armyworm populations have reached
devastating levels in southeastern cotton-growing areas, and registered
alternatives have proven to provide inadequate control to prevent
significant economic losses from occurring. The resistant tobacco
budworm is also negatively affecting yields in these states. EPA has
reviewed the submissions and has concluded that these pest situations
represent urgent and non-routine problems. EPA has authorized under
FIFRA section 18 the use of emamectin benzoate on cotton for control of
beet armyworm and resistant tobacco budworm in Alabama, Arkansas,
Louisiana, Mississippi, Oklahoma, and Texas. After having
[[Page 1798]]
reviewed the submissions, EPA concurs that emergency conditions exist
for these States.
As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by residues of emamectin benzoate in or
on cotton commodities. In doing so, EPA considered the safety standard
in FFDCA section 408(b)(2), and EPA decided that the necessary
tolerances under FFDCA section 408(l)(6) would be consistent with the
safety standard and with FIFRA section 18. Consistent with the need to
move quickly on the emergency exemption in order to address an urgent
non-routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing these tolerances without notice and opportunity
for public comment as provided in section 408(l)(6). Although these
tolerances will expire and are revoked on December 31, 2000, under
FFDCA section 408(l)(5), residues of the pesticide not in excess of the
amounts specified in the tolerances remaining in or on cotton
commodities after that date will not be unlawful, provided the
pesticide is applied in a manner that was lawful under FIFRA, and the
residues do not exceed a level that was authorized by the tolerances at
the time of that application. EPA will take action to revoke these
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
Because these tolerances are being approved under emergency
conditions, EPA has not made any decisions about whether emamectin
benzoate meets EPA's registration requirements for use on cotton or
whether permanent tolerances for this use would be appropriate. Under
these circumstances, EPA does not believe that these tolerances serve
as a basis for registration of emamectin benzoate by a State for
special local needs under FIFRA section 24(c). Nor do these tolerances
serve as the basis for any State other than Alabama, Arkansas,
Louisiana, Mississippi, Oklahoma, and Texas to use this pesticide on
this crop under section 18 of FIFRA without following all provisions of
EPA's regulations implementing section 18 as identified in 40 CFR part
166. For additional information regarding the emergency exemptions for
emamectin benzoate, contact the Agency's Registration Division at the
address provided under `` FOR FURTHER INFORMATION CONTACT.''
IV. Aggregate Risk Assessment and Determination of Safety
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 and a complete description of
the risk assessment process, see the final rule on Bifenthrin Pesticide
Tolerances (62 FR 62961, November 26, 1997) (FRL-5754-7).
Consistent with section 408(b)(2)(D), 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 emamectin
benzoate and to make a determination on aggregate exposure, consistent
with section 408(b)(2), for time-limited tolerances for combined
residues of emamectin benzoate and its metabolites and photodegradates
on cottonseed at 0.002 ppm, cottonseed oil at 0.0006 ppm, cotton meal
at 0.002 ppm, cotton hulls at 0.004 ppm, and cotton gin trash at 0.025
ppm; and the milk, meat, fat, kidney, and liver of cattle, goats,
sheep, and swine at 0.002 ppm. EPA's assessment of the dietary
exposures and risks associated with establishing the tolerances
follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. The nature of the toxic effects caused by emamectin benzoate
are discussed in Unit II.A. of the final rule on Emamectin Benzoate
Pesticide Tolerances published in the Federal Register on May 19, 1999
(64 FR 27192) (FRL-6079-7).
B. Toxicological Endpoint
The toxicological endpoints for emamectin benzoate are discussed in
Unit II.B. of the final rule on Emamectin Benzoate Pesticide Tolerances
published in the Federal Register on May 19, 1999.
C. Exposures and Risks
1. From food and feed uses. Tolerances have been established (40
CFR 180.505) for the combined residues of emamectin benzoate and its
metabolites and photodegradates, in or on Brassica, head and stem
(subgroup 5-A under 40 CFR 180.41), celery, and head lettuce. Risk
assessments were conducted by EPA to assess dietary exposures and risks
from emamectin benzoate as follows:
i. Acute exposure and risk. Acute dietary risk assessments are
performed for a food-use pesticide if a toxicological study has
indicated the possibility of an effect of concern occurring as a result
of a 1-day or single exposure. For conducting the acute dietary risk
assessment, the population subgroups of concern are infants, children,
and females 13 years and older. An acute dietary risk assessment was
performed using the Dietary Exposure Evaluation Model (DEEM) system,
Tier 3 (Monte Carlo) approach. This methodology incorporates
distributions of residues and refined percent of crop treated (PCT)
estimates for some crops and thus results in refined risk estimates.
This exposure analysis was conducted using the Acute Population-
Adjusted Dose (PAD) of 0.00025 milligrams/kilograms/day (mg/kg/day).
The analysis evaluated individual food consumption as reported in the
USDA Continuing Surveys of Food Intake by Individuals (CSFII) conducted
in 1989-92. The model accumulated exposure to emamectin for each
commodity and expresses risk as a function of dietary exposure. For the
most highly exposed population subgroup, children 1-6 years old, the
resulting high-end exposure (at the 99.9th percentile) occupies 65% of
the acute PAD. For the overall U.S. population, the high-end exposure
(99.9th percentile) occupies 29% of the acute PAD. All risk estimates
are within acceptable limits, thus there is reasonable certainty of no
harm due to acute dietary exposure to emamectin.
ii. Chronic exposure and risk. The chronic dietary risk assessment
used the chronic PAD of 0.000083 mg/kg/day, and consumption reported in
the USDA-CSFII of 1989-92, and accumulates exposure to emamectin for
each commodity. This analysis used tolerance-level residues and 25%
crop treated figures for broccoli, Brussels sprouts, cabbage,
cauliflower, lettuce, and celery. For the most highly exposed
population subgroup, children 1-6 years old, the resulting exposure
occupies 21% of the chronic PAD. For the overall U.S. population, the
exposure occupies 15% of the chronic PAD. All risk estimates are within
acceptable limits, thus there is reasonable certainty of no harm due to
chronic dietary exposure to emamectin.
Section 408(b)(2)(F) states that the Agency may use data on the
actual PCT for assessing chronic dietary risk only if the Agency can
make the following findings: That the data used are reliable and
provide a valid basis to show what
[[Page 1799]]
percentage of the food derived from such crop is likely to contain such
pesticide residue; that the exposure estimate does not underestimate
exposure for any significant subpopulation group; and if data are
available on pesticide use and food consumption in a particular area,
the exposure estimate does not understate exposure for the population
in such area. In addition, the Agency must provide for periodic
evaluation of any estimates used. To provide for the periodic
evaluation of the estimate of PCT as required by section 408(b)(2)(F),
EPA may require registrants to submit data on PCT.
The Agency used PCT figures of: 25% for broccoli, Brussels sprouts,
cabbage, cauliflower, lettuce, and celery.
The Agency believes that the three conditions in section
408(b)(2)(F), discussed in this unit, concerning the Agency's
responsibilities in assessing chronic dietary risk findings, have been
met. The PCT estimates are derived from Federal and private market
survey data, which are reliable and have a valid basis. Typically, a
range of estimates are supplied and the upper end of this range is
assumed for the exposure assessment. By using this upper end estimate
of the PCT, the Agency is reasonably certain that the percentage of the
food treated is not likely to be underestimated. The regional
consumption information and consumption information for significant
subpopulations is taken into account through EPA's computer-based model
for evaluating the exposure of significant subpopulations including
several regional groups. Use of this consumption information in EPA's
risk assessment process ensures that EPA's exposure estimate does not
understate exposure for any significant subpopulation group and allows
the Agency to be reasonably certain that no regional population is
exposed to residue levels higher than those estimated by the Agency.
Other than the data available through national food consumption
surveys, EPA does not have available information on the regional
consumption of food to which emamectin benzoate may be applied in a
particular area.
2. From drinking water. There are no established Maximum
Contaminant Levels (MCLs) of health advisory levels for residues of
emamectin in drinking water. The Agency currently lacks sufficient
water-related exposure data to complete a comprehensive drinking water
exposure analysis and risk assessment for emamectin. Because the Agency
does not have comprehensive and reliable monitoring data, drinking
water concentration estimates must be made by reliance on some sort of
simulation or modeling. None of the drinking water models used by the
Agency include consideration of the impact that processing of raw
water, for distribution as drinking water, would likely have on the
removal of pesticides from the source water. The primary use of these
models by the Agency at this stage is to provide a coarse screen for
sorting out pesticides for which it is highly unlikely that drinking
water concentrations would ever exceed human health levels of concern.
In the environment, emamectin and its primary degradates are
expected to be relatively immobile due to the high degree of sorption
to soil particles. Estimated concentrations for surface water exceeded
those for ground water; therefore, surface water values were used for
risk calculations. The estimated environmental concentration (EEC) for
acute drinking water exposure is 0.107 part per billion (ppb), derived
from the PRZM/EXAMS model which estimates pesticide concentrations in a
farm pond. The highest EEC for chronic drinking water exposure is
0.0203 ppb from the PRZM/EXAMS model. These drinking water estimates
are considered to include both emamectin and its metabolites of
concern.
In the absence of monitoring data for pesticides, drinking water
levels of comparison (DWLOCs) are calculated and compared to the model
estimates of a pesticide's concentration in water. DWLOCs are
theoretical upper limits for a pesticide's concentration in drinking
water in light of total aggregate exposure to a pesticide in food,
drinking water, and residential uses. A DWLOC will vary depending on
the toxic endpoint, with drinking water consumption, and body weights.
Different populations will have different DWLOCs. DWLOCs are used in
the risk assessment process as a surrogate measure of potential
exposure associated with pesticide exposure through drinking water.
DWLOC values are not regulatory standards for drinking water. The
estimates for drinking water levels, derived from the models mentioned
in the preceding paragraph, are all well below the DWLOCs calculated
for all population subgroups. Since DWLOCs address total aggregate
exposure to emamectin they are further discussed in the aggregate risk
sections below.
3. From non-dietary exposure. Emamectin benzoate is currently not
registered for use on any residential non-food sites. The proposed and
existing uses of emamectin are not expected to result in residential
exposure. Therefore, a non-dietary risk assessment was not conducted.
4. Cumulative exposure to substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
Emamectin benzoate is synthetically derived from avermectin, which
is derived from the antibiotic-producing actinomycetes, the source of
all of the antibiotic fungicides. Streptomyces avermitilus produces the
insecticide avermectin, which is a mixture of two homologs, avermectin
B1a and B1b, which have equal biological
activity. Currently, the only member of this class which is registered
for agricultural uses is avermectin. Avermectin and ivermectin are
structurally similar to emamectin. EPA does not have, at this time,
available data to determine whether emamectin benzoate has a common
mechanism of toxicity with other substances or how to include this
pesticide in a cumulative risk assessment. Unlike other pesticides for
which EPA has followed a cumulative risk approach based on a common
mechanism of toxicity, emamectin benzoate does not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that emamectin
benzoate has a common mechanism of toxicity with other substances. For
more information regarding EPA's efforts to determine which chemicals
have a common mechanism of toxicity and to evaluate the cumulative
effects of such chemicals, see the final rule for Bifenthrin Pesticide
Tolerances (62 FR 62961, November 26, 1997).
D. Aggregate Risks and Determination of Safety for U.S. Population
1. Acute risk. There are currently no registered residential uses
of emamectin or uses which may result in residential exposure.
Therefore, acute aggregate risk consists of exposure from food and
drinking water sources only. As discussed earlier, exposure to
emamectin residues in food will occupy no more than 29% of the acute
PAD for adult population subgroups, and no more than 65% of the acute
PAD for infant/children subgroups. Estimated concentrations of
emamectin residues in surface and ground water are lower than the
DWLOCs calculated by the Agency. The drinking water estimates were
calculated using drinking water models,
[[Page 1800]]
and are considered conservative. Therefore, EPA does not expect chronic
aggregate risk to emamectin residues from food and water sources to
exceed levels of concern for acute aggregate risk, and thus finds
reasonable certainty that no harm will result from aggregate acute
exposure to emamectin.
2. Chronic risk. Using the exposure assumptions described in this
unit, EPA has concluded that aggregate exposure to emamectin benzoate
from food will utilize 15% of the chronic PAD for the U.S. population.
The major identifiable subgroup with the highest aggregate exposure is
children 1 to 6 years old, at 21% of the chronic PAD. This is discussed
below. EPA generally has no concern for exposures below 100% of the PAD
because the PAD represents the level at or below which daily aggregate
dietary exposure over a lifetime will not pose appreciable risks to
human health. As stated above, the estimated drinking water levels,
calculated using EPA models, and thus considered conservative, were
lower than all DWLOCs. Thus, despite the potential for exposure to
emamectin benzoate in drinking water, EPA does not expect the aggregate
exposure to exceed 100% of the chronic PAD, and thus concludes that
there is reasonable certainty that no harm will result from chronic
aggregate exposure to emamectin.
3. Short- and intermediate-term risk. Short- and intermediate-term
aggregate exposure takes into account chronic dietary food and water
(considered to be a background exposure level) plus indoor and outdoor
residential exposure. Since there are no registered residential uses or
other uses that would be expected to result in residential exposure,
there is no exposure expected in these scenarios, and thus this risk
assessment is not necessary.
4. Aggregate cancer risk for U.S. population. Based on the
available data available for emamectin, there is no evidence of
carcinogenicity, and thus this risk assessment is not necessary.
5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
from aggregate exposure to emamectin benzoate residues.
E. Aggregate Risks and Determination of Safety for Infants and Children
1. Safety factor for infants and children--i. In general. The
determination of the 3X safety factor to account for the potential for
increased sensitivity of infants and children to residues of
imidacloprid is discussed in Unit II.E.1.i. of the final rule on
Emamectin Benzoate Pesticide Tolerances published in the Federal
Register on May 19, 1999.
ii. Developmental toxicity studies. Developmental toxicity is
discussed in Units II.A.8. and II.A.16. and II.E.1. of the Federal
Register document published on May 19, 1999.
iii. Reproductive toxicity study. Reproductive toxicity is
discussed in Units II.A.10. and II.E.1. of the Federal Register
document published on May 19, 1999.
iv. Prenatal and postnatal sensitivity. Prenatal and postnatal
sensitivity is discussed in Unit II.E.1. of the Federal Register
document published on May 19, 1999.
v. Conclusion. There is a complete toxicity data base for emamectin
benzoate and exposure data are complete or are estimated based on data
that reasonably accounts for potential exposures.
2. Acute risk. Using the exposure assumptions described in this
unit, EPA has concluded that aggregate exposure to emamectin benzoate
from food will utilize no more than 65% of the acute PAD for infants
and children. EPA generally has no concern for exposures below 100% of
the PAD because the PAD represents the level at or below which daily
aggregate dietary exposure will not pose appreciable risks to human
health.
3. Chronic risk. Using the exposure assumptions described in this
unit, EPA has concluded that aggregate exposure to emamectin benzoate
from food will utilize 21% of the PAD for the most highly exposed
infant and children subgroup, children 1 to 6 years old. EPA generally
has no concern for exposures below 100% of the PAD because the PAD
represents the level at or below which daily aggregate dietary exposure
will not pose appreciable risks to human health. Despite the potential
for exposure to emamectin benzoate in drinking water and from non-
dietary, nonoccupational exposure, EPA does not expect the aggregate
exposure to exceed 100% of the PAD.
4. Short- or intermediate-term risk. Since there are no registered
residential uses or other uses that would be expected to result in
residential exposure, there is no exposure expected in these scenarios,
and thus this risk assessment is not necessary.
5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to infants and children from aggregate exposure to emamectin benzoate
residues.
V. Other Considerations
A. Metabolism in Plants and Animals
The nature of the residues of emamectin benzoate in plants is
adequately understood. The tolerance expression for emamectin benzoate
must contain the following: emamectin, 8,9 ZMA and metabolites/
photodegradates AB1a, MFB1a, and
FAB1a. Metabolites/photodegradates 8AOXOMA and 8AOHMA are
also of toxicological concern, but based upon their relative levels to
the emamectin and the other four emamectin-like residues (8,9 ZMA,
AB1a, MFB1a, and FAB1a), these are not
needed in the tolerance expression or dietary risk assessment. No
metabolism data in livestock and poultry have been provided. For the
purposes of this section 18 request, the residue of concern in
livestock is emamectin, and 8,9 isomer of B1a and
B1b.
B. Analytical Enforcement Methodology
Adequate enforcement methodology is available for both plant and
livestock commodities; it is a HPLC method using fluorescence as the
means of detection. The methods described in MRID 44795001 are adequate
to enforce the tolerance expression.
The method may be requested from: Calvin Furlow, PIRIB, IRSD
(7502C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460; telephone number: (703) 305-5229;
e-mail address: furlow.calvin@epa.gov.
C. Magnitude of the Residues
Residues of emamectin and its metabolites and photodegradates are
not expected to exceed 0.002 ppm in/on cottonseed, 0.006 ppm in
cottonseed oil, 0.002 ppm cotton meal, 0.004 ppm in cotton hulls, and
0.025 ppm in gin trash; and 0.002 ppm in the meat, milk, fat, liver,
and kidney of cattle, goats, sheep, and swine as a result of this
section 18 use. Secondary residues are expected in animal commodities
as gin trash containing measurable residues is among the feed items
associated with this section 18 use. Secondary residues in milk, meat,
fat, kidney and liver of cattle, goats, sheep, and swine are not
expected to exceed 0.002 ppm. Residues are not expected in poultry
commodities, since cotton gin trash is not a significant feed item of
poultry, and exposure would be negligible.
D. Rotational Crop Restrictions
Based on available information, the confined rotational crop data
base is adequate and no plantback restrictions are needed on labels.
[[Page 1801]]
E. International Residue Limits
There are no Codex, Canadian, or Mexican MRLs for emamectin.
VI. Conclusion
Therefore, tolerances are established for combined residues of
emamectin benzoate, 4'-epi-methylamino- 4'-deoxyavermectin
B1 benzoate (a mixture of a minimum of 90% 4'-epi-
methylamino-4'- deoxyavermectin B1a and a maximum of 10% 4'-
epi-methlyamino-4'deoxyavermectin B1b benzoate) and its
metabolites 8,9 isomer of the B1a and B1b
component of the parent insecticide (8,9 ZMA); 4'-deoxy-4'-epi-
aminoavermectin B1 (AB1a); 4'deoxy-4'-epi-(N-
formyl-N-methyl)amino-avermectin (MFB1a); and 4'-deoxy-4'-
epi-(N-formyl)amino-avermectin B1 (FAB1a) in
cottonseed at 0.002 ppm, cottonseed oil at 0.0006 ppm, cotton meal at
0.002 ppm, cotton hulls at 0.004 ppm, and cotton gin trash at 0.025
ppm; and in the milk, meat, fat, liver, and kidney of cattle, goats,
sheep, and swine at 0.002 ppm.
VII. Objections and Hearing Requests
Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. Although the procedures in those
regulations require some modification to reflect the amendments made to
the FFDCA by the FQPA of 1996, EPA will continue to use those
procedures, with appropriate adjustments, until the necessary
modifications can be made. The new section 408(g) provides essentially
the same process for persons to ``object'' to a regulation for an
exemption from the requirement of a tolerance issued by EPA under new
section 408(d), as was provided in the old FFDCA sections 408 and 409.
However, the period for filing objections is now 60 days, rather than
30 days.
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket control number OPP-300958 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 on or before March 13,
2000.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues(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).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked willnot be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information 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.
Mail your written request to: Office of the Hearing Clerk (1900),
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
You may also deliver your request to the Office of the Hearing Clerk in
Rm. M3708, Waterside Mall, 401 M St., SW., Washington, DC 20460. The
Office of the Hearing Clerk is open from 8 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Office of the Hearing Clerk is (202) 260-4865.
2. Tolerance fee payment. If you file an objection or request a
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or
request a waiver of that fee pursuant to 40 CFR 180.33(m). You must
mail the fee to: EPA Headquarters Accounting Operations Branch, Office
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please
identify the fee submission by labeling it ``Tolerance Petition Fees.''
EPA is authorized to waive any fee requirement ``when in the
judgement of the Administrator such a waiver or refund is equitable and
not contrary to the purpose of this subsection.'' For additional
information regarding the waiver of these fees, you may contact James
Tompkins by phone at (703) 305-5697, by e-mail at tompkins.jim@epa.gov,
or by mailing a request for information to Mr. Tompkins at Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460.
If you would like to request a waiver of the tolerance objection
fees, you must mail your request for such a waiver to: James Hollins,
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460.
3. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit VII.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in Unit I.B.2. Mail your
copies, identified by the docket control number OPP-300958, to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. In person or
by courier, bring a copy to the location of the PIRIB described in Unit
I.B.2. You may also send an electronic copy of your request via e-mail
to: opp-docket@epa.gov. Please use an ASCII file format and avoid 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 6.1/8.0 file format or ASCII file format. Do not
include any CBI in your electronic copy. You may also submit an
electronic copy of your request at many Federal Depository Libraries.
B. When Will the Agency Grant a Request for a Hearing?
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 issues(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).
VIII. Regulatory Assessment Requirements
This final rule establishes a time-limited tolerance under FFDCA
section 408. 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).
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., or 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). Nor does it require any prior consultation
as specified by Executive Order 13084, entitled
[[Page 1802]]
Consultation and Coordination with Indian Tribal Governments (63 FR
27655, May 19, 1998); special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or require OMB review or any Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). 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). Since tolerances and exemptions that are established on the
basis of a FIFRA section 18 petition under FFDCA section 408, such as
the tolerance 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. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of FFDCA section 408(n)(4).
IX. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
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).
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: December 22, 1999.
James Jones,
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), 346(a) and 371.
2. In Sec. 180.505, by alphabetically adding the following
commodities to the table in paragraph (b) to read as follows:
Sec. 180.505 Emamectin Benzoate; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per Revocation
million date
------------------------------------------------------------------------
* * * * *
Cattle, fat................................... 0.002 12/31/01
Cattle, meat.................................. 0.002 12/31/01
Cattle, meat byproduct........................ 0.002 12/31/01
Cotton gin byproduct.......................... 0.025 12/31/01
Cotton hulls.................................. 0.004 12/31/01
Cotton, meal.................................. 0.002 12/31/01
Cottonseed.................................... 0.002 12/31/01
Cottonseed oil................................ 0.006 12/31/01
Goats, fat.................................... 0.002 12/31/01
Goats, meat................................... 0.002 12/31/01
Goats, meat byproduct......................... 0.002 12/31/01
Hogs, fat..................................... 0.002 12/31/01
Hogs, meat.................................... 0.002 12/31/01
Hogs, meat byproduct.......................... 0.002 12/31/01
Sheep, fat.................................... 0.002 12/31/01
Sheep, meat................................... 0.002 12/31/01
Sheep, meat byproduct......................... 0.002 12/31/01
------------------------------------------------------------------------
* * * * *
[FR Doc. 00-735 Filed 1-11-00; 8:45 am]
BILLING CODE 6560-50-F
