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metalaxyl (Apron, Ridomil, Subdue) Pesticide Tolerances 5/93

40 CFR Parts 180, 185, and 186



[PP 6F3362 and FAP 6H5493/R1195; FRL-4581-2]



RIN 2070-AB78



Pesticide Tolerances for Metalaxyl



AGENCY: Environmental Protection Agency (EPA).



ACTION: Final rule.

.

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

SUMMARY: This document establishes tolerances for combined residues 

of the fungicide metalaxyl and its metabolites in or on grapes 

at 2.0 parts per million (ppm), wet and dry grape pomace at 

10.0 ppm, raisins at 6.0 ppm, and raisin waste at 10.0 ppm. 

This regulation to establish the maximum permissible levels 

for residues of metalaxyl in or on the commodities was requested 

in petitions submitted by the Ciba-Geigy Corp.



EFFECTIVE DATE: Effective on May 26, 1993.



ADDRESSES: Written objections, identified by the document control 

number [PP 6F3362 and FAP 6H5493/R1195], 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: Susan T. Lewis, Product Manager 

(PM) 21, Registration Division (H7505C), Office of Pesticide 

Programs, Environmental Protection Agency, Rm. 227, CM .2, 1921 

Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-7382.



SUPPLEMENTARY INFORMATION: In the Federal Register of March 

10, 1993 (58 FR 13241), EPA issued a proposed rule that announced 

that the Ciba Geigy Corp., P.O. Box 18300, Greensboro, NC 27419, 

had submitted a pesticide petition, PP 6F3362, and a food/feed 

additive petition, FAP 6H5493, to EPA requesting that the Administrator, 

pursuant to section 408(e) of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 346a(e)), propose the establisment of tolerances 

for the fungicide metalaxyl [N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-

alanine methyl ester] and its metabolites containing the 2,6-

dimethyl aniline moiety, and N-(2-hydroxymethyl-6-methyl)-N-

(methoxyacetyl) alanine methyl ester in or on grapes at 2.0 

ppm, wet and dry grape pomace at 10.0 ppm, raisins at 6.0 ppm, 

and raisin waste at 10.0 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 tolerances are 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).



List of Subjects in 40 CFR Parts 180, 185, and 186



   Administrative practice and procedures, Agricultural commodities, 

Food additives, Feed additives, Pesticides and pests, Reporting 

and recordkeeping requirements. 



   Dated: May 18, 1993.





Douglas D. Campt,

Director, Office of Pesticide Programs.

   Therefore, it is proposed that chapter I of title 40 of the 

Code of Federal Regulations be 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. Section 180.408(a) table is amended by adding and alphabetically 

inserting a new entry for grapes, to read as follows:



. 180.408   Metalaxyl; tolerances for residues. 



   (a) *  *  *





                                                                              

                                                                              

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

                           Commodity                              Parts per   

                                                                   million    

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

                                                                              

                                                                              

               *              *              *              *              *  

Grapes.........................................................          2.0  

                                                                              

               *              *              *              *              *  

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



*     *     *     *     *     



PART 185-[AMENDED]



   2. In part 185:

   a. The authority citation for part 185 continues to read 

as follows:



   Authority: 21 U.S.C. 348.



   b. Section 180.4000(a) table is amended by adding and alphabetically 

inserting a new entry for raisins, to read as follows:



. 185.4000   Metalaxyl. 



   (a) *  *  *





                                                                              

                                                                              

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

                              Food                                Parts per   

                                                                   million    

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

                                                                              

                                                                              

               *              *              *              *              *  

Raisins........................................................          6.0  

                                                                              

               *              *              *              *              *  

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



*     *     *     *     *     



PART 186-[AMENDED]



   3. In part 186:

   a. The authority citation for part 186 continues to read 

as follows:



   Authority: 21 U.S.C. 348.



   b. Section 186.4000(a) table is amended by adding and alphabetically 

inserting new entries for the feed commodities grape pomace 

(dry and wet) and raisin waste, to read as follows:



. 186.4000   Metalaxyl. 



   (a) *  *  *





                                                                              

                                                                              

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

                              Food                                Parts per   

                                                                   million    

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

                                                                              

                                                                              

               *              *              *              *              *  

Grape pomace (dry).............................................         10.0  

Grape pomace (wet).............................................         10.0  

                                                                              

               *              *              *              *              *  

Raisin waste...................................................         10.0  

                                                                              

               *              *              *              *              *  

                                                                              

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



*     *     *     *     *     



[FR Doc. 93-12483 Filed 5-25-93; 8:45 am]

BILLING CODE 6560-50-F