[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7734-7736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4392]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186
[PP 3F4169 and FAP 3H5655/R2200; FRL-4996-2]
RIN 2070-AC78
Imidacloprid; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is establishing permanent tolerances for residues of the
insecticide (1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine) (also known as imidacloprid) and it metabolites in
or on cottonseed and cotton gin byproducts, revoking the existing feed
additive tolerance for imidacloprid on cotton meal, and establishing a
maximum residue limit for imidacloprid on cottonseed meal. Bayer
Corporation (formerly Miles, Inc.) submitted petitions pursuant to the
Federal Food, Drug and Cosmetic Act (FFDCA) requesting these
regulations to establish certain maximum permissible levels for
residues of the insecticide.
EFFECTIVE DATE: This regulation is effective on February 15, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 3F4169 and FAP 3H5655/R2200, may be
submitted to: Hearing Clerk (1900), Environmental Protection Agency,
Rm. M3708, 401 M St., SW., Washington, DC 20460. A copy of any
objections and hearing requests filed with the Hearing Clerk should be
identified by the document control number and submitted to: Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington , DC 20460. In person, bring copy of
objections and hearing requests to Rm. 1132, CM #2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202. Fees accompanying objections shall be
labeled ``Tolerance Petition Fees'' and forwarded to: EPA Headquarters
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M,
[[Page 7735]]
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:opp-docket@epamail.epa.gov. 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 3F4169 and FAP 3H5655/R2200. 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: Dennis H. Edwards, Jr.,
Product Manager (PM) 19, Registration Division (7505C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location and telephone number: Rm. 207, CM
#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6386;
email: edwards.dennis@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of December 6, 1995,
(60 FR 62366), EPA issued a proposed rule pursuant to petitions from
Bayer Corporation (formerly Miles, Inc.) to section 408 of the Federal
Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e). EPA proposed
permanent tolerances for residues of the insecticide (1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-2-imidazolidinimine (also known as
imidacloprid) and its metabolites in or on cottonseed and cotton gin
byproduct, to revoke the existing feed additive tolerance for
imidacloprid on cotton meal, and to establish a maximum residue limit
for imidacloprid on cottonseed.
There were no comments or request for referral to an advisory
committee received in response to the proposed rule.
This pesticide is considered useful for the purposes for which the
tolerances are sought. Based on the information and data considered,
the Agency has determined that the tolerances established by amending
40 CFR part 180 would protect the public health. Therefore, the
tolerances are 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 and/or request a hearing with the Hearing Clerk, at
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to
the OPP docket for this rulemaking. The objections submitted must
specify the provisions of the regulation deemed objectionable and the
grounds for the objections (40 CFR 178.25). Each objection must be
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is
requested, the objections must include a statement of the factual
issue(s) on which a hearing is requested, the requestor's contentions
on such issues, and a summary of any evidence relied upon by the
objector (40 CFR 178.27). A request for a hearing will be granted if
the Administrator determines that the material submitted shows the
following: There is a genuine and substantial issue of fact; there is a
reasonable possibility that available evidence identified by the
requestor would, if established, resolve one or more of such issues in
favor of the requestor, taking into account uncontested claims or facts
to the contrary; and resolution of the factual issue(s) in the manner
sought by the requestor would be adequate to justify the action
requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [PP 3F4169 and FAP 3H5655/R2200] (including any objections and
hearing requests submitted electronically as described below). 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.
Written objections and hearing requests, identified by the document
control number [PP 3F4169 and FAP 3H5655/R2200], may be submitted to
the Hearing Clerk (1900), Environmental Protection Agency, Rm. 3708,
401 M St., SW., Washington, DC 20460.
A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
opp-Docket@epamail.epa.gov
A copy of electronic objections and hearing requests filed with the
Hearing Clerk must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption.
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 objections and hearing requests received
electronically into printed, paper form as they are received and will
place the paper copies in the official rulemaking record which will
also include all objections and hearing requests 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. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
[[Page 7736]]
List of Subjects in 40 CFR Parts 180 and 186
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Feed additives, Pesticides and pests,
Reporting and recordkeeping requirements.
Dated: February 15, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR parts 180 and 186 are amended as follows:
PART 180--[AMENDED]
1. In part 180:
a. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
b. In Sec. 180.472, by amending the table in paragraph (a) by
adding and alphabetically inserting the following new entries and by
removing and reserving paragraph (b), to read as follows:
Sec. 180.472 1-[(6-Chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine; tolerances for residues.
(a) * * *
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Parts per
Commodity million
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* * * * * * *
Cotton, gin byproducts..................................... 4.0
Cottonseed................................................. 6.0
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(b) [Reserved]
* * * * *
PART 186--PESTICIDES IN ANIMAL FEED
2. In part 186:
a. By revising the heading of part 186 to read as set forth above.
b. The authority citation for part 186 is revised to read as
follows:
Authority: 21 U.S.C. 342, 348, and 701.
c. In Sec. 186.900, by revising paragraph (b), to read as follows:
Sec. 186.900 1-[(6-Chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolinimine; tolerances for residues.
* * * * *
(b)(1) A maximum residue level regulation is established for
residues of the insecticide 1-[(6-choro-3-pryidinyl)methyl]-N-nitro-2-
imidazolidinimine in or on the following feed resulting from
application of the insecticide to cotton:
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Parts per
Feed million
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Cottonseed meal............................................ 8.0
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(2) The regulation in paragraph (b)(1) of this section reflects the
maximum level of residues in cottonseed meal consistent with use of 1-
[(6-chloro-3-pyridinyl) methyl]-N-nitro-2-imidazolidinimine on cotton
in conformity with Sec. 180.472 of this chapter and with the use of
good manufacturing practices.
* * * * *
[FR Doc. 96-4392 Filed 2-28-96; 8:45 am]
BILLING CODE 6560-50-F
