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prosulfuron (Exceed) Extension of Pesticide Tolerance 5/96

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300416A/R2243; FRL-5371-8]
 
Prosulfuron; Extension of Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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SUMMARY: This rule establishes 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 corn (forage, fodder, grain and fresh [including sweet 
kernels plus cobs with husks removed]), milk, and meat, fat and meat 
by-products, of cattle, goats, hogs, horses, and sheep. The regulation 
was requested by Ciba-Geigy Corporation and establishes the maximum 
permissible level for residues of the herbicide in or on corn.
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, [OPP-300416A/R2243], 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 Office 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: 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 request to: Rm 
1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. A copy of 
objections and hearing requests filed with the Hearing Clerk may also 
be submitted electronically by sending electronic mail (e-mail) to: 
oppdocket@epamil.gov.
    Copies of objections and hearing requests must be submitted as an 
ACSII file avoiding the use of special characters and any firm of 
encryption. Copies of objections and hearing requests will also be 
accepted on disks in Word Perfect 5.1 file format or ASCII file format. 
All copies of objections and hearing requests in electronic hearing 
requests in electronic form must be identified by the docket number 
[OPP-300416A/R2243]. No Confidential Business Information (CBI) should 
be submitted through e-mail Electronic copies of 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), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW, Washington, 
DC 20460. Office location and telephone number: Rm. 241, CM #2, 1921 
Jefferson-Davis Hwy., Arlington, VA 22202, (703) 305-6027; e-mail: 
taylor.robert@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: EPA issued a proposed rule (FRL-5349-7), in 
the Federal Register of March 6, 1996 (61 FR 8903) which proposed to 
extend the 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 corn 
(forage, fodder, grain and fresh [including sweet kernels plus cobs 
with husks removed]) at 0.01 part per million (ppm), milk at 0.01 part 
per million (ppm), and meat, fat and meat by-products, of cattle, 
goats, hogs, horses, and sheep at 0.05 part per million (ppm), to 
December 31, 1999. These tolerances with an expiration date were 
required by EPA to allow the petitioner, Ciba-Geigy Corp. to submit 
additional data concerning the method trial and corn metabolism and 
ruminant metabolism data. The petitioner has
submitted the method trial and the method has been validated by an 
independent laboratory. Additional time is being required to complete 
review of this method trial and allow additional time to complete and 
submit the required metabolism data.
    No comments were received in response to the proposed rule.
    Based on the information cited above and in the document 
establishing the time-limiting tolerance for prosulfuron (60 FR 24788, 
May 10, 1995), the Agency has determined that when used in accordance 
with good agricultural practice, this ingredient is useful and the 
tolerances will protect the public health. Therefore, EPA is 
establishing the tolerances as described 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. 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 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 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 [OPP-300416A/R2243] (including objections and hearing requests 
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 4:30 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. Written 
objections and hearing requests, identified by the document control 
number [OPP-300416A/R2243], may be submitted to the Hearing Clerk 
(1900), Environmental Protection Agency, Rm 3708, 401 M St., SW., 
Washington, DC 20460.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to EPA 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 describes above will 
be kept in paper form. Accordingly, EPA will transfer any 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 objections and hearing 
requests submitted directly in writing. The official rulemaking record 
is a paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.
    Under Executive Order 12866 (58 FR 51735, October 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 millionor 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 obligation 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.
    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 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, Food additive, Pesticides and pests, 
Reporting and recordkeeping requirements.
    Dated: May 16, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR part 180 is amended as follows:
    1. The authority citation for Part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 346a. and 371.
    2. By revising Sec. 180.481 to read as follows:
Sec. 180.481   Prosulfuron; tolerances for residues.
    Tolerances that expire on the date indicated in the following table 
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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Corn, forage......................         0.01        December 31, 1999
Corn, fodder......................         0.01                      Do.
Corn, grain and fresh [including                                        
 sweet kernels plus cobs with                                           
 husks removed])..................         0.01                      Do.
Milk..............................         0.01                      Do.
cattle, meat......................         0.05                      Do.
cattle, fat.......................         0.05                      Do.
cattle, kidney....................         0.05                      Do.
cattle, liver,....................         0.05                      Do.
cattle, meat by-produts...........         0.05                      Do.
Goats, meat.......................         0.05                      Do.
Goats, fat........................         0.05                      Do.
Goats, kidney.....................         0.05                      Do.
Goats, liver......................         0.05                      Do.
Goats, meat by-products...........         0.05                      Do.
Hogs, meat........................         0.05                      Do.
Hogs, fat.........................         0.05                      Do.
Hogs, kidney......................         0.05                      Do.
Hogs, liver.......................         0.05                      Do.
Hogs, meat byproducts.............         0.05                      Do.
Horses, meat......................         0.05                      Do.
Horses, fat.......................         0.05                      Do.
Horses, kidney....................         0.05                      Do.
Horses, liver.....................         0.05                      Do.
Horses, meat by-products..........         0.05                      Do.
Sheep, meat.......................         0.05                      Do.
Sheep, fat........................         0.05                      Do.
Sheep, kidney.....................         0.05                      Do.
Sheep, liver......................         0.05                      Do.
Sheep, meat by-products...........         0.05                      Do.
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[FR Doc. 96-13444 Filed 5-28-96; 8:45 am]
BILLING CODE 6560-50-F