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prosulfuron (Exceed) Pesticide Tolerance 5/96

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 5F4469/R2225; FRL-5357-5] RIN 2070-AB78
Prosulfuron; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is establishing time-limited tolerances for residues of 
the herbicide prosulfuron, 1-(4-methoxy-6-methyl-triazin-2-yl)-3-[2-
(3,3,3-trifluoropropyl)-phenylsulfonyl]-urea in or on the raw 
agricultural commodities cereal grains group (except rice and wild 
rice), grain; cereal grains group (except rice and wild rice), forage; 
cereal grains group (except rice and wild rice), fodder, cereal grains 
group (except rice and wild rice), straw; and cereal grains group 
(except rice and wild rice), hay. The Agency has not completed the 
regulatory assessment of the science findings; therefore, these 
tolerances are being established with an expiration date. These 
tolerances were requested by the Ciba-Geigy Corporation.
EFFECTIVE DATE: This regulation becomes effective May 29, 1996. These 
tolerances will expire on December 31, 1999 .
ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 5F4469/R2225], may be submitted to: 
Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 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 
docket 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 360277M, Pittsburgh, PA 15251.
An electronic copy of objections and hearing requests filed with 
the Hearing Clerk may be submitted to OPP 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 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 5.1 file format 
or ASCII file format. All copies of electronic objections and hearing 
requests must be identified by the docket number [PP 5F4469/R2225] . 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: Robert J. Taylor, Product 
Manager (PM) 25, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 245, CM #2, 1921 Jefferson Davis 
Highway, Arlington, VA 22202, 703-305-6800, e-mail: 
taylor.robert@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of April 17, 1996 
(61 FR 16742) (FRL-5357-5), EPA issued a proposed rule proposing to 
establish time-limited tolerances for residues of the herbicide 
prosulfuron on cereal grains group (except rice and wild rice), grain 
at 0.01 ppm; cereal grains group (except rice and wild rice), forage at 
0.10 ppm; cereal grains group (except rice and wild rice), fodder at 
0.01 ppm; cereal grains group (except rice and wild rice), straw at 
0.02 ppm; and cereal grains group (except rice and wild rice), hay at 
0.20 ppm. In the proposed rule EPA said that it was revising 
Sec. 180.481; however, EPA did not intend that Sec. 180.481 be completely 
rewritten, but rather that the section be amended to add entries for "cereal 
grains (except rice/wild rice) group," and the "cereal grains, forage, fodder, 
straw and hay (except rice/wild rice) group". Therefore, in this final rule, 
EPA is amending Sec. 180.481 by adding tolerances for the cereal grains 
(except rice/wild rice) group," and the "cereal grains, forage, fodder, straw 
and hay (except rice/wild rice) group."
There were two favorable comments received in response to the 
proposed rule.
The data submitted with the proposed rule and other relevant 
material have been evaluated and discussed in the proposed rule. Based 
on the data and information considered, the Agency has determined that 
when used in accordance with good agricultural practice, prosulfuron is 
useful and 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 to the regulation and may also request a hearing on 
those objections. Objections and hearing requests must be filed 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 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 the docket 
number [PP 5F4469/R2225] (including any comments and data submitted 
electronically). 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 
4:30 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 22202.
Electronic comments can be sent directly to EPA at: opp-docket@epamail.epa.gov
Electronic comments 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 rule-making 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.
The Office of Management and Budget has exempted this rule from the 
requirements of section 3 of Executive Order 12866.
This action does not impose any enforceable duty, or contain any 
"unfunded mandates" as described in Title II of the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as 
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), 
entitled Enhancing the Intergovernmental Partnership, or special 
consideration as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).
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 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 20, 1996.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 be 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. 180.481 by revising the introductory text, and amending 
the table by adding alphabetically entries to read as set forth below:
Sec. 180.481   Prosulfuron; tolerances for residues.
Tolerances that expire as indicated in the table below are 
established for residues of the herbicide prosulfuron 1-(4-methoxy-6-
methyl-triazin-2-yl)-3-[2-(3,3,3-trifluoropropyl)-phenylsulfonyl]-urea 
in or on the following raw agricultural commodities:
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                                      Parts per                         
             Commodity                 million        Expiration date   
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Cereal grains group (except rice        0.01          December 31, 1999 
 and wild rice), grain.                          
Cereal grains group (except rice        0.10  Do 
 and wild rice), forage.                         
Cereal grains group (except rice        0.01  Do 
 and wild rice), fodder.                         
Cereal grains group (except rice        0.02  Do 
 and wild rice), straw.                          
Cereal grains group (except rice        0.20  Do 
 and wild rice), hay.                            
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[FR Doc. 96-13443 Filed 5-28-96; 8:45 am]