[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Rules and Regulations]
[Pages 31253-31255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14062]
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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
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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
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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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[FR Doc. 95-14062 Filed 6-13-95; 8:45 am]
BILLING CODE 6560-50-F
