[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15679]


[Federal Register: June 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300343A; FRL-4896-2]
RIN 2070-AB78


Pesticide Tolerances for 1-[(6-Chloro-3-Pyridinyl)Methyl]-N-
Nitro-2-Imidazolidinimine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes time-limited tolerances for residues 
of the insecticide 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidzolidinimine and its metabolites (common name ``imidacloprid'') in 
or on dried hops at 3.0 parts per million (ppm), milk at 0.05 ppm, and 
meat, fat, and meat byproducts of cattle, goats, hogs, horses, and 
sheep at 0.2 ppm, with an expiration date of 1 year after the beginning 
of the effective date of a final rule based on this proposal. EPA is 
issuing this proposal on its own initiative.

EFFECTIVE DATE: This regulation becomes effective June 17, 1994.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [OPP-300343A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. A copy of any objections and hearing 
requests filed with the Hearing Clerk should be identified by the 
document control number and submitted to: Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, bring copy of objections and hearing 
requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 
22202. Fees accompanying objections shall be labeled ``Tolerance 
Petition Fees'' and forwarded to: EPA Headquarters Accounting 
Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, 
PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail: Dennis Edwards, Jr., Product 
Manager (PM) 21, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 207, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-6386.

SUPPLEMENTARY INFORMATION: In the Federal Register of May 16, 1994 (59 
FR 25431), EPA issued a proposed rule that on its own initiative and 
pursuant to section 408(e) of the Federal Food, Drug, and Cosmetic Act 
(FFDCA), 21 U.S.C. 346a(e), EPA proposed a time-limited tolerance for 
residues of imidacloprid on dried hops at 3.0 parts per million (ppm). 
EPA recently reclassified dried hops as a raw agricultural commodity 
(59 FR 9167; Feb. 25, 1994 and 59 FR 17487; April 13, 1994). EPA is 
establishing the tolerance because it has granted a petition for an 
emergency exemption under section 18 of the Federal Insecticide, 
Fungicide, and Rodenticide Act, 7 U.S.C. 136p, for the use of 
imidacloprid on hops in the States of Washington, Oregon, and Idaho; 
imidacloprid is used in other countries that export hops to the United 
States; and the database for imidacloprid is relatively complete. The 
most significant data gap for establishing a permanent tolerance for 
imidacloprid on dried hops is a third field-residue trial. Given the 
relatively low risks presented by imidaclorprid, EPA does not believe 
that the missing data will significantly change EPA's risk assessment. 
Nevertheless, EPA is establishing a 1-year time limitation on this 
tolerance for a full residue data base to be available in making a 
decision on a permanent tolerance.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted on the proposal and other relevant material have 
been evaluated and discussed in the proposed rule. Based on the data 
and information considered, the Agency concludes that the time-limited 
tolerance will protect the public health. Therefore, the time-limited 
tolerance is established as set forth below.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections and/or request a hearing with the Hearing Clerk, at 
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to 
the OPP docket for this rulemaking. The objections submitted must 
specify the provisions of the regulation deemed objectionable and the 
grounds for the objections (40 CFR 178.25). Each objection must be 
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is 
requested, the objections must include a statement of the factual 
issue(s) on which a hearing is requested, the requestor's contentions 
on such issues, and a summary of any evidence relied upon by the 
objector (40 CFR 178.27). A request for a hearing will be granted if 
the Administrator determines that the material submitted shows the 
following: There is a genuine and substantial issue of fact; there is a 
reasonable possibility that available evidence identified by the 
requestor would, if established, resolve one or more of such issues in 
favor of the requestor, taking into account uncontested claims or facts 
to the contrary; and resolution of the factual issue(s) in the manner 
sought by the requestor would be adequate to justify the action 
requested (40 CFR 178.32).
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule (1) having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of the Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

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

Dated: June 17, 1994.

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

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

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

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

    2. By adding new Sec. 180.472, to read as follows:


Sec. 180.472 1-[(6-Chloro-3-pyridinyl) methyl]-N-2-imidazolidinimine; 
tolerances for residues.

    Time-limited tolerances, to expire June 28, 1995, are established 
permitting the combined residues of the insecticide 1-[(6-chloro-3-
pyridinyl) methyl]-N-2-imidazolidinimine and its metabolites containing 
the 6-chloropyridinyl moiety, all expressed as 1-[(6-chloro-3-
pyridinyl)-methyl]-N-nitro-2-imidazolidinimine, in or on the following 
raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Cattle, fat................................................          0.2
Cattle, meat...............................................          0.2
Cattle, meat byproducts....................................          0.2
Hops, dried................................................          3.0
Goats, fat.................................................          0.2
Goats, meat................................................          0.2
Goats, meat byproducts.....................................          0.2
Hogs, fat..................................................          0.2
Hogs, meat.................................................          0.2
Hogs, meat byproducts......................................          0.2
Horses, fat................................................          0.2
Horses, meat...............................................          0.2
Horses, meat byproducts....................................          0.2
Milk.......................................................         0.05
Sheep, fat.................................................          0.2
Sheep, meat................................................          0.2
Sheep, meat byproducts.....................................          0.2
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[FR Doc. 94-15679 Filed 6-27-94; 8:45 am]
BILLING CODE 6560-50-F