[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Rules and Regulations]
[Pages 24782-24784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11385]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300379A; FRL-4941-7]
RIN 2070-AB78


Imidacloprid; Extended Tolerance on Dried Hops

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document extends the tolerance for residues of the 
insecticide 1-[(6-chloro-3-pyridinyl) methyl]-N-nitro-2-
imidazolidinimine and its metabolites (common name ``imidacloprid'') in 
or on dried hops at 3.0 parts per million (ppm). On its own 
inititative, EPA is extending the tolerance to allow time to review a 
petition from the Interregional Research Project No. 4 (IR-4).

EFFECTIVE DATE: This regulation becomes effective May 10, 1995.

ADDRESSES: Written objections, identified by the document control 
number, [OPP-300379A], may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, 
DC 20460. 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. 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.
    A copy of objections and requests for hearings filed with the 
Hearing Clerk [[Page 24783]] may also be submitted electronically by 
sending electronic mail (e-mail) to: [email protected]. Copies 
of objections and requests for hearings must be submitted as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Copies of objections and requests for hearings will also be accepted on 
disks in WordPerfect in 5.1 file format or ASCII file format. All 
copies of objections and requests for hearings in electronic form must 
be identified by the docket number, [OPP-300379A]. No Confidential 
Business Information (CBI) should be submitted through e-mail. 
Electronic copies of objections and requests for hearings 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, Product 
Manager (PM) 19, 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; e-mail: 
Edwards.D[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of February 22, 1995 
(60 FR 9815), 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, to expire June 28, 1996, permitting 
the combined residues of the insecticide 1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-2-imidazolidinimine and its metabolites 
containing the chloropyridinyl moiety, all expressed as 1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-2-imidazolidinimine, in or on the raw 
agricultural commodity dried hops at 3.0 parts per million.
    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 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).
     A record has been established for this rulemaking under docket 
number [OPP-300379A] (including copies of 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.
    A copy of written objections and hearing requests, identified by 
the document control number [OPP-300379A], 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-D[email protected].


    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, 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.

    [[Page 24784]] Dated: April 27, 1995.

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. In Sec. 180.472, by revising paragraph (d), to read as follows:


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

* * * * *
    (d) A time-limited tolerance, to expire June 28, 1996, is 
established permitting residues of the insecticide 1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-2-imidazolidinimine and its metabolites 
containing the chloropyridinyl moiety, all expressed as 1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-2-imidazolidinimine, in or on the following 
raw gricultural commodity

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                                                              Parts per 
                         Commodity                             million  
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Hops, dried................................................          3.0
                                                                        
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[FR Doc. 95-11385 Filed 5-9-95; 8:45 am]
BILLING CODE 6560-50-F