

[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Notices]               
[Page 14524-14525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr06-70]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0542; FRL-7769-7]

 
Notice of Filing of Pesticide Petitions for Establishment of 
Regulations for Residues of the Insecticide Imidacloprid in or on 
Various Food Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the initial filing of pesticide 
petitions proposing the establishment of regulations for residues of 
the insecticide imidacloprid, 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-
2-imidazolidinimine in or on various food commodities.

DATES: Comments must be received on or before April 21, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0542 and pesticide petition numbers (PPs) 
3E6543, 3E6561, 3E6738, 3E6760, 5E6920, 5E6921, 5E6922, and 5E6923, by 
one of the following methods:
     http://www.regulations.gov/. Follow the on-line 

instructions for submitting comments.
     Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity 
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801 
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2005-0542. The docket facility is open from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
docket facility is (703) 305-5805. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0542. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov/, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The http://www.regulations.gov website is an ``anonymous access'' 

system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going at 
regulations.gov, your e-mail address will be captured automatically and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional information about EPA's public docket, visit the EPA Docket 
Center homepage at http://www.epa.gov/epahome/dockets.htm/.

     Docket: All documents in the docket are listed in the 
regulation.gov index. Although listed in the index, some information is 
not publicly available, e.g., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically at 
http://www.regulations.gov or in hard copy at the Public Information 

and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA. The Docket Facility is 
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The Docket telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division, 
(7505C), Office of Pesticide Programs, U. S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW,

[[Page 14525]]

Washington, DC 20460-0001; (703) 305-6463; e-mail: 
madden.barbara@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 entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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 this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of each pesticide petition received under 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a, proposing the establishment or amendment of regulations in 
40 CFR part 180 for residues of pesticide chemicals in or on various 
food commodities. EPA has determined that this pesticide petition 
contains data or information regarding the elements set forth in FFDCA 
section 408(d)(2); however, EPA has not fully evaluated the sufficiency 
of the submitted data at this time or whether the data support granting 
of the pesticide petition. Additional data may be needed before EPA 
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in 
this notice, prepared by the petitioner along with a description of the 
analytical method available for the detection and measurement of the 
pesticide chemical residues is available on EPA's Electronic Docket at 
http://www.regulations.gov/. To locate this information on the home 

page of EPA's Electronic Docket, select ``Quick Search'' and type the 
OPP docket ID number. Once the search has located the docket, clicking 
on the ``Docket ID'' will bring up a list of all documents in the 
docket for the pesticide including the petition summary.

New Tolerance

    1. PP 3E6543. Interregional Research Project No. 4 (IR-4), 681 U. 
S. Highway No. 1 South, North Brunswick, NJ 08902-3390, proposes to 
establish a tolerance for residues of the insecticide imidacloprid, 1-
[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine in or on 
food commodities [caneberry subgroup 13-A at 0.05 parts per million 
(ppm);
    2. PP 3E6561. coffee at 0.6 ppm;
    3. PP 3E6738. seed of: Black mustard, borage, crambe, field 
mustard, flax, Indian mustard, Indian rapeseed, rapeseed, safflower, 
and sunflower at 0.05 ppm;
    4. PP 3E6760. atemoya, biriba, cherimoya, custard apple, ilama, 
soursop, and sugar apple at 0.2 ppm;
    5. PP 5E6920. almond hulls at 2.5 ppm; and pistachio and tree nut 
group 14 at 0.01 ppm;
    6. PP 5E6921. pomegranate at 0.7 ppm;
    7. PP 5E6922. banana at 0.6 ppm; and
    8. PP 5E6923. herbs subgroup 19-A dried at 62.0 ppm; and herbs 
subgroup 19-A fresh at 6.0 ppm.
    The analytical method is a common moiety method for imidacloprid 
and its metabolites containing the 6-chloropyridinyl moiety using a 
permanganate oxidation, silyl derivatization, and capillary gas 
chromatography mass spectrometry (GS MS) selective ion monitoring. 
There is a confirmatory method specifically for imidacloprid and 
several metabolites utilizing GC/MS and high power liquid 
chromatography ultraviolet (HPLC UV) which has been validated by the 
EPA as well. Imidacloprid and its metabolites are stable for at least 
24 months in the commodities when frozen.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: March 13, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 06-2636 Filed 3-21-06; 8:45 am]

BILLING CODE 6560-50-S
