[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:[email protected]. 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: [email protected].
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-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, 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) *  *  *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                     *    *    *    *    *    *    *                    
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:

------------------------------------------------------------------------
                                                              Parts per 
                            Feed                               million  
------------------------------------------------------------------------
                                                                        
Cottonseed meal............................................          8.0
                                                                        
------------------------------------------------------------------------

    (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