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4-(dichloroacetyl)-1-oxa-4-azospiro [4.5] decane (MON 4660) Pesticide Tolerance 5/93



Pesticide Tolerance for 4-(Dichloroacetyl)-1-Oxa-4-Azaspiro[4.5]Decane

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

.-------------------------------------------------------------

SUMMARY: This document establishes a time-limited tolerance 

for residues of 4-(dichloroacetyl)-1-oxa-4-azaspiro[4.5]decane 

(CAS Reg. No. 71526-07-3) in pesticide formulations applied 

to corn fields before the corn plants emerge from the soil with 

a maximum use level of 0.4 pound of 4-(dichloroacetyl)-1-oxa-

4-azaspiro[4.5] decane per acre at a level of 0.005 ppm in or 

on corn. This regulation to establish a maximum permissible 

level for residues of the inert ingredient in or on the commodity 

was requested by the Monsanto Co. This time-limited tolerance 

expires on January 31, 1998.



EFFECTIVE DATE: This regulation becomes effective June 9, 1993. 



ADDRESSES: Written objections, identified by the document control 

number, [PP 5F02372 and 6F03381/R1196], may be submitted to: 

Hearing Clerk (A-110), Environmental Protection Agency, Rm. 

M3708, 401 M St., SW., Washington, DC 20460.



FOR FURTHER INFORMATION CONTACT: By mail: Kerry Leifer, Registration 

Support Branch, Registration Division (H7505W), Environmental 

Protection Agency, 401 M St., SW., Washington, DC 20460. Office 

location and telephone number: No. 13, 6th Floor, Crystal Station 

.1, 2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-

8323.



SUPPLEMENTARY INFORMATION: In the Federal Register of April 

14, 1993 (58 FR 19387), EPA issued a proposed rule that gave 

notice that the Monsanto Co., Suite 1100, 700 14th St., NW., 

Washington, DC 20005, had submitted pesticide petitions (PP) 

5F03272 and 6F03381 to EPA. These petitions requested that the 

Administrator, pursuant to section 408(e) of the FFDCA, amend 

40 CFR part 180 by proposing the establishment of an exemption 

from the requirement of a tolerance for residues of the inert 

ingredient 4-(dichloroacetyl)-1-oxa-4-azaspiro[4.5]decane when 

used in formulations of the herbicide acetochlor (PP 5F03272) 

and alachlor (PP 6F03381) applied to corn fields either before 

the corn plants emerge from the soil or until the corn reaches 

5 inches in height with a maximum of 0.4-pound inert ingredient 

per acre. 



   EPA had previously issued notices, published in the Federal 

Register of August 21, 1985 (50 FR 33840) and on June 11, 1986 

(51 FR 21233), announcing receipt of tolerance petitions PP 

5F03272 and PP 6F03381, respectively. The petitioner amended 

this request on March 14, 1986, eliminating postemergence treatments 

and subsequently proposed that a Sensitivity of Method (SOM) 

tolerance be established for residues of 4-(dichloroacetyl)-

1-oxa-4-azaspiro[4.5]decane for use as an inert ingredient in 

pesticide formulations containing alachlor (November 10, 1988) 

or acetochlor (May 30, 1990) rather than requesting an exemption 

from the requirement of a tolerance. Monsanto further amended 

these petitions on March 5, 1991, requesting that 4-(dichloroacetyl)-

1-oxa-4-azaspiro[4.5]decane be allowed to be used as an inert 

ingredient (safener) in any pesticide formulation applied to 

corn, specifically alachlor or acetochlor, thereby making the 

two petitions equivalent. A safener is a herbicidal antidote 

that protects desirous crops while allowing the herbicide to 

act on the intended weed targets.

   One comment was received in response to the proposed rule. 

The commenter stated that there were three errors in the preamble 

to the proposed rule. The commenter referenced the second paragraph 

of Unit II, ``Provisions of the Proposed Rule,'' noting that 

the first appearance of ``alachlor'' should read ``acetochlor.'' 

The commenter pointed to a second and a third error, in items 

one and nine of the same Unit II, asserting that item one should 

read ``...LD50 of 2600 milligrams (mg)/kilogram (kg)'' rather 

than ``...LD50 of 600 milligrams (mg)/kilogram (kg)'' and item 

nine should read ``... and developmental toxicity of 30 mg/kg/day'' 

rather than ``... and developmental toxicity of 10 mg/kg/day.'' 

   The Agency agrees with the commenter and has considered the 

above corrections to the preamble of the proposed rule for this 

final rule.

   The data submitted in the petition 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 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 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).

   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 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



   Administrative practice and procedure, Agricultural commodities, 

Pesticides and pests, Reporting and recordkeeping requirements.



   Dated: May 27, 1993.





Daniel M. Barolo,

Acting 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 subpart C, by adding new . 180.465, to read as follows: 



. 180.465   4-(Dichloroacetyl)-1-oxa-4-azaspiro[4.5]decane; 

tolerances for residues.



   Tolerances, to expire on January 31, 1998, are established 

for residues of 4-(dichloroacetyl)-1-oxa-4-azaspiro[4.5]decane 

(CAS Reg. No. 71526-07-3) when used as an inert ingredient (safener) 

in pesticide formulations applied to corn fields before the 

corn plants emerge from the soil with a maximum use level of 

0.4 pound per acre per year in or on the following raw agricultural 

commodities: 





                                                                              

                                                                              

--------------------------------------------------------------+---------------

                          Commodity                           |  Parts per    

                                                              |   million     

--------------------------------------------------------------+---------------

                                                              |               

Corn, fodder (field)......................................... |       0.005   

Corn, forage (field)......................................... |       0.005   

Corn, grain (field).......................................... |       0.005   

--------------------------------------------------------------+---------------





[FR Doc. 93-13581 Filed 6-8-93; 8:45 am]