

[Federal Register: January 27, 2006 (Volume 71, Number 18)]
[Notices]               
[Page 4580-4582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja06-50]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0053; FRL-7759-1]

 
Notice of Filing of a Pesticide Petition for the Amendment of a 
Regulation for the Insecticide Imidacloprid and Its Metabolites in or 
on Oats and Rye Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide 
petition proposing the amendment of a regulation for residues of the 
insecticide imidacloprid (1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-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 oats and rye commodities.

DATES: Comments must be received on or before February 27, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0053 and pesticide petition number (PP) 
5F7020, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line 

instructions for submitting comments.
     E-mail: opp.docket@epa.gov.
     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 numberEPA-HQ-OPP-2006-
0053. 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-
2004-0539. 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 http://www.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 through 
http://www.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

[[Page 4581]]

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 athttp://www.epa.gov/epahome/docket.htm/.
 

    Docket: All documents in the docket are listed in the 
http://www.regulation.gov index. Although listed in the index, some 

information is not publicly available, i.e., 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 
in 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 telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Dan Kenny, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; (703) 305-7546; 
e-mail: kenny.dan@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 
http://www.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:
     Identify the document by docket ID number and other 
identifying information (subject heading, Federal Register date and 
page number).
     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.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     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 a 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 the insecticide imidacloprid (1-[(6-
chloro-3-pyridinyl)methyl]-N-nitro-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 
oats and rye 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 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 OPP docket ID 
number ``EPA-HQ-OPP-2006-0539.'' 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.

Amendment to Existing Tolerance

    PP 5F7020. Bayer CropScience, 2 T.W. Alexander Drive, Research 
Triangle Park, NC 27709, proposes to amend the tolerances in 40 CFR 
180.472 for residues of the insecticide imidacloprid (1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-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 food 
commodities oats, forage at 2.0 parts per million (ppm); oats, grain at 
0.5 ppm; oats, hay at 6.0 ppm; oats, straw at 3.0 ppm; rye, forage at 
2.0 ppm; rye, grain at 0.5 ppm; rye, hay at 6.0 ppm; and rye, straw at 
3.0 ppm. The analytical method for determining residues is the 
conversion to 6-CAN and derivatization before injection onto a gas 
chromatograph equipped with mass selective detection. The limit of 
quantitation is 0.05 ppm.

List of Subjects

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



[[Page 4582]]


    Dated: January 20, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-1044 Filed 1-26-06; 8:45 am]

BILLING CODE 6560-50-S
