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imazethapyr Pesticide Tolerances 6/95

[Federal Register: June 14, 1995 (Volume 60, Number 114)]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 3E4241/R2130; FRL-4952-4]
RIN 2070-AB78
Imazethapyr; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes tolerances with regional 
registration for the sum of the residues of the herbicide imazethapyr, 
as its ammonium salt, and its metabolite in or on the raw agricultural 
commodities lettuce and endive. The Interregional Research Project No. 
4 (IR-4) requested this regulation pursuant to the Federal Food, Drug 
and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective June 14, 1995.
ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 3E4241/R2130], may be submitted to: 
Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M 
St., SW., Washington, DC 20460. Fees accompanying objections shall be 
labeled "Tolerance Petition Fees" and forwarded to: EPA Headquarters 
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, 
Pittsburgh, PA 15251. A copy of any objections and hearing requests 
filed with the Hearing Clerk should be identified by the document 
control number and submitted to EPA's Office of Pesticide Programs at: 
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.
    An electronic copy of objections and hearing requests may also be 
submitted to OPP electronically by sending electronic mail (e-mail) to: 
opp-docket@epamail.epa.gov. Copies of electronic objections and hearing 
requests must be submitted as an ASCII [[Page 31254]] file avoiding the 
use of special characters and any form of encryption. Copies of 
electronic objections and hearing requests will also be accepted on 
disks in WordPerfect in 5.1 file format or ASCII file format. All 
copies of electronic objections and hearing requests must be identified 
by the docket number [PP 3E4241/R2130]. No Confidential Business 
Information (CBI) should be submitted through e-mail. Copies of 
electronic objections and hearing requests on this rule may be filed 
online at many Federal Depository Libraries. Additional information on 
electronic submissions can be found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson, 
Registration Division (7505W), Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. Office location and telephone number: 
Sixth Floor, Crystal Station #1, 2800 Jefferson Davis Hwy., Arlington, 
VA 22202, (703)-308-8783; e-mail:
                   jamerson.hoyt@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of March 22, 1995 
(60 FR 15110), EPA issued a proposed rule that gave notice 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) 3E4241 to EPA on behalf of 
the vegetable growers of Florida. The petition requests that the 
Administrator, pursuant to section 408(e) of the FFDCA, 21 U.S.C. 
346a(e), amend 40 CFR 180.447 by establishing tolerances with regional 
registration for 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), free and conjugated, in or on 
the raw agricultural commodities lettuce (head and leaf) and endive 
(escarole) at 0.1 part per million (ppm). The petitioner proposed that 
use of imazethapyr on lettuce and endive be limited to Florida based on 
the geographical representation of the residue data submitted. 
Additional residue data will be required to expand the area of usage. 
Persons seeking geographically broader registration should contact the 
Agency's Registration Division at the address provided above.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted with the proposal and other relevant material 
have been evaluated and discussed in the proposed rule. Based on the 
data and information considered, the Agency concludes that the 
tolerances will protect the public health. Therefore, the tolerances 
are established as set forth below.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections and/or request a hearing with the Hearing Clerk, at 
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk 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 such issues, 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).
     A record has been established for this rulemaking under docket 
number [PP 3E4241/R2130] (including any comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. 
The public record is located in Room 1132 of the Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to OPP at:
                     opp-Docket@epamail.epa.gov.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rulemaking record which 
will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
address in ADDRESSES at the beginning of this document.
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is "significant" and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a "significant regulatory action" as an action that 
is likely to result in a rule (1) having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities (also referred to as "economically 
significant"); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of the Executive Order, EPA has determined 
that this rule is not "significant" and is therefore not subject to 
OMB review.
    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 raising 
tolerance levels 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: May 26, 1995.
Peter Caulkins,
Acting Director, Registration Division, 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 Sec. 180.447, by adding new paragraph (d), to read as 
follows:
Sec. 180.447 Imazethapyr; tolerances for residues.
*        *        *        *        *
    (d) Tolerances with regional registration, as defined in 
Sec. 180.1(n) of this chapter, are 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, both free and conjugated, in or on the 
following raw agricultural commodities:
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                                                              Parts per 
                         Commodity                             million  
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Endive (escarole)..........................................      0.1
Lettuce (head and leaf)....................................      0.1
                                                                        
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