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metalaxyl (Apron, Ridomil, Subdue) Pesticide Tolerance 3/93


40 CFR Part 180

[PP 1E4024/R1181; FRL-4189-2]

RIN 2070-AB78

Pesticide Tolerance for Metalaxyl

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a tolerance for combined 
residues of the fungicide metalaxyl and its metabolites in or 
on the raw agricultural commodity cranberry. The regulation 
to establish a maximum permissible level for residues of the 
fungicide in or on the commodity was requested in a petition 
submitted by the Interregional Research Project No. 4 (IR-4).

EFFECTIVE DATE: Effective on March 31, 1993.

ADDRESSES: Written objections, identified by the document control 
number [PP 1E4024/R1181], may be submitted to the Hearing Clerk 
(A-110), Environmental Protection Agency, rm. 3708M, 401 M St., 
SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Hoyt L. Jamerson, Product Manager 
(PM) 43, Registration Division (H7505W), Office of Pesticide 
Programs, Environmental Protection Agency, No. 13, 6th Floor, 
Crystal Station #1, 2800 Jefferson Davis Hwy., Arlington, VA 
22202, (703)-308-8783.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 
31, 1992 (57 FR 62542), EPA issued a proposed rule announcing 
that the Interregional Research Project No. 4 (IR-4), New Jersey 
Agricultural Experiment Station, P.O. Box 231, Rutgers University, 
New Brunswick, NJ 08903, had submitted pesticide petition (PP) 
1E4024 to EPA on behalf of the Agricultural Experiment Stations 
of Massachusetts, New Jersey, and Washington. The petition requested 
that the Administrator, under section 408(e) of the Federal 
Food, Drug, and Cosmetic Act, 21 U.S.C. 346a(e), propose the 
establishment of a tolerance for residues of the fungicide metalaxyl 
[N-(2,6-dimethylphenyl)-N-(methoxyacetyl) alanine methyl ester], 
and its metabolites containing the 2,6-dimethylaniline moiety, 
and N-(2-hydroxy methyl-6-methyl)-N-(methoxyacetyl) alanine 
methyl ester, each expressed as metalaxyl, in or on the raw 
agricultural commodity cranberry at 4.0 parts per million (ppm).

   There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule. The data 
submitted with the petition and other relevant material have 
been evaluated and were discussed in the proposed rule (57 FR 
62542, Dec. 31, 1992). Therefore, the tolerance is established 
as set forth below.
   Any person adversely affected by this regulation may, within 
30 days after the date of publication of this document in the 
Federal Register, file written objections and/or a request for 
a hearing with the Hearing Clerk at the address given above. 
40 CFR 178.20. 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 each such issue, 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.
   The Office of Management and Budget has exempted this rule 
from the requirements of section 3 of Executive Order 12291. 
   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 food additive regulations or raising tolerance levels or 
food additive regulations 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).

Dated: March 19, 1993.

Douglas D. Campt,
Director, Office of Pesticide Programs.
   Therefore, 40 CFR part 180 is amended as follows:


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

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

   2. In 180.408(a) table, by adding and alphabetically inserting 
the raw agricultural commodity cranberry, to read as follows:

180.408   Metalaxyl; tolerances for residues. 

                           Commodity                              Parts per   
               *              *              *              *              *  
Cranberry......................................................          4.0  
               *              *              *              *              *  

*     *     *     *     *     

[FR Doc. 93-7299 Filed 3-30-93; 8:45 am]