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imazethapyr Pesticide Tolerance 12/93

Pesticide Tolerance for Imazethapyr
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is establishing a permanent tolerance for the sum 
of the residues of the herbicide imazethapyr, 2-[4,5-dihydro-
4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5-ethyl-3-
pyridine carboxylic acid, as its ammonium salt, and its metabolite, 
2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-
2-yl]-5-(1-hydroxyethyl)-3-pyridine carboxylic acid, in or on 
corn grain, fodder, and forage at 0.1 part per million (ppm). 
The American Cyanamid Co. has fulfilled certain testing requirements 
to change the current tolerance with an expiration date to a 
permanent tolerance.
EFFECTIVE DATE: This regulation becomes effective on December 
8, 1993.
ADDRESSES: Written objections and hearing requests, identified 
by the document control number, [PP 0F3870/R2023], may be submitted 
to the: Hearing Clerk (1900), Environmental Protection Agency, 
Rm. 3708M, 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 36027M, Pittsburgh, PA 
15251. 
FOR FURTHER INFORMATION CONTACT: Robert J. Taylor, Product Manager 
(PM) 25, Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 245, CM 
#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-
6800.
SUPPLEMENTARY INFORMATION: In the Federal Register of May 27, 
1992 (57 FR 22179), EPA issued a final rule which established 
tolerances for the sum of the residues of the herbicide imazethapyr, 
2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-
2-yl]-5-ethyl-3-pyridine carboxylic acid, as its ammonium salt 
and its metabolite, 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-
5-oxo-1H-imidazol-2-yl]-5-(1-hydroxyethyl)-3-pyridine carboxylic 
acid in or on corn grain, fodder, and forage at 0.1 part per 
million (ppm), with an expiration date of May 27, 1994. The 
tolerance with an expiration date was required by EPA to allow 
the petitioner, the American Cyanamid Co., P.O. Box 400, Princeton, 
NJ 08540, time to revise the residue analytical method to make 
certain improvements and revisions which allow one method to 
be used for all imazethapyr corn tolerances and to conduct a 
second independent laboratory validation (ILV). The petitioner 
has now complied with the requirements, and adequate work has 
been done to improve the residue analytical method. EPA is amending 
40 CFR 180.447 to establish permanent tolerances for the herbicide 
on the corn commodities. 
   Based on the information cited above and in the document 
establishing the time-limited tolerance for imazethapyr (57 
FR 22179, May 27, 1992), the Agency has determined that when 
used in accordance with good agricultural practice, this ingredient 
is useful and that the tolerance will protect the public health. 
Therefore, EPA is establishing the tolerance 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. A copy of the objections 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 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 Executive Order 12866. 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 Part 180
   Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.
   Dated: November 15, 1993.
Douglas D. Campt,
Director, Office of Pesticide Programs.
   Therefore, 40 CFR part 180 is amended as follows: 
PART 180-[AMENDED]
   1. The authority citation for part 180 continues to read 
as follows:
   Authority: 21 U.S.C. 346a and 371.
   2. In . 180.447, by revising paragraph (c), to read as follows:
 180.447   Imazethapyr, ammonium salt; tolerances for residues.
*     *     *     *     *     
   (c) A tolerance is established for the sum of residues of 
the herbicide imazethapyr, 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-
5-oxo-1H-imidazol-2-yl]-5-ethyl-3-pyridine carboxylic acid, 
as its ammonium salt, and its metabolite, 2-[4,5-dihydro-4-methyl-
4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-5-(1-hydroxyethyl)-
3-pyridine carboxylic acid, in or on the following commodities:
                                                                              
                                                                              
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                           Commodity                              Parts per   
                                                                   million    
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Corn grain, fodder, and forage ................................          0.1  
                                                                              
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[FR Doc. 93-29833 Filed 12-7-93; 8:45 am]