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tebuthiuron (Graslan, Spike) Proposed Tolerances 12/95

[Federal Register: December 6, 1995 (Volume 60, Number 234)]
[Notices]               
[Page 62441-62442]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300403; FRL-4986-2]
RIN 2070-AC18
Tebuthiuron; Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA has completed the reregistration process and issued a 
Reregistration Eligibility Document (RED) for tebuthiuron. In the 
reregistration process, all information to support this pesticide's 
continued registration is reviewed for adequacy and, when needed, 
supplemented with new scientific studies. Based on the RED tolerance 
assessment for the pesticide chemical subject to this proposed rule, 
EPA is proposing to lower the tolerance for grass hay and grass 
rangeland forage and change the commodity name grass, rangeland forage 
to grass, forage.
DATES: Written comments, identified by the OPP document control number 
[OPP-300403], must be received on or before January 5, 1996.
ADDRESSES: By mail, submit comments to Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, 401 M St., SW., Washington, DC 20460. In person, 
deliver comments to Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis 
Hwy., Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Electronic 
comments must be submitted in ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
docket number [OPP-300403]. No CBI should be submitted through e-mail. 
Electronic comments on this proposed rule may be filed online at many 
Federeal Depository Libraries. Additional information on electronic 
submissions can be found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Ben Chambliss, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location: Special Review 
Branch, Crystal Station #1, 3rd Floor, 2800 Crystal Drive, Arlington, 
VA 22202, (703)-308-8174; e-mail: chambliss.ben@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Legal Authorization
    The Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 301 et 
seq., authorizes the establishment of tolerances (maximum legal residue 
levels) and exemptions from the requirement of a tolerance for residues 
of pesticide chemicals in or on raw agricultural commodities pursuant 
to section 408 (21 U.S.C. 346(a)). Without such tolerances or 
exemptions, a food containing pesticide residues is considered to be 
"adulterated" under section 402 of the FFDCA, and hence may not 
legally be moved in interstate commerce (21 U.S.C. 342). To establish a 
tolerance or an exemption under section 408 of the FFDCA, EPA must make 
a finding that the promulgation of the rule would "protect the public 
health" (21 U.S.C. 346a(b)). For a pesticide to be sold and 
distributed the pesticide must not only have appropriate tolerances 
under the FFDCA, but also must be registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136 et 
seq.).
    In 1988, Congress amended FIFRA and required EPA to review and 
reassess the potential hazards arising from currently registered uses 
of pesticides registered prior to November 1, 1984. As part of this 
process, the Agency must determine whether a pesticide is eligible for 
reregistration and if any subsequent actions are required to fully 
attain reregistration status. EPA has chosen to include in the 
reregistration process a reassessment of existing tolerances or 
exemptions from the need for a tolerance. Through this reassessment 
process, EPA can determine whether a tolerance must be amended, 
revoked, or established, or whether an exemption from the requirement 
of one or more tolerances must be amended or is necessary.
    The procedure for establishing, amending, or repealing tolerances 
or exemptions from the requirement of tolerances is set forth in the 
Code of Federal Regulations, 40 CFR parts 177 through 180. Pursuant to 
40 CFR 180.32, EPA is proposing the amendment of the following 
tolerances. The Administrator of EPA or any person may initiate an 
action proposing to establish, amend, revoke, or exempt a tolerance for 
a pesticide registered for food uses. Each petition or request for a 
new tolerance, an amendment to an existing tolerance, or a new 
exemption from the requirement of a tolerance must be accompanied by a 
fee. Current Agency policy on tolerance actions identified during the 
reregistration process is to waive the payment of fees if the tolerance 
action concerns revision or revocation of an established tolerance. 
Comments submitted in response to the Agency's published proposals are 
reviewed; the Agency then publishes its final determination regarding 
the specific tolerance actions.
II. Chemical-Specific Information and Proposed Actions
Tebuthiuron: Amendment to 40 CFR 180.390
    1. Regulatory background. Tebuthiuron is a nonselective soil 
activated herbicide used to control broadleaf and woody weeds, grasses, 
and brush on terrestrial feed crop and terrestrial nonfood crop sites. 
Tolerances exist for tebuthiuron use on grass hay and forage as well as 
secondary residues in meat of cattle, goats, horses, sheep, and in 
milk. Tebuthiuron was registered by the Elanco Products Co. in 1974. 
The registration was later transferred to DowElanco in 1989. A 
Registration Standard was issued in July 1987 for all pesticide 
products containing tebuthiuron. Under this standard, registrants were 
required to generate and supply missing data and to replace 
unacceptable data. In June 1994, the Agency issued the Reregistration 
Eligibility Document for Tebuthiuron. This document reflects a 
reassessment of all data submitted in response to the Registration 
Standard of Tebuthiuron.
    2. Proposed action--a. Lower the tolerance for grass hay and forage 
from 20 parts per million (ppm) to 10 ppm. A tolerance reduction from 
20 ppm to 10 ppm is recommended for grass hay and forage based on data 
showing that combined residues of tebuthiuron and it's regulated 
metabolites did not exceed 10 ppm on any grass forage or hay sample in 
field trials conducted under label conditions.
    b. Amend the commodity definition listed in 40 CFR 180.390 to 
conform to commodity definitions currently used by EPA to read as 
follows: "Grass, rangeland, forage" is proposed to read as "Grass, 
forage".
III. Public Comment Procedures
    Interested persons are invited to submit written comments, 
information, or data in response to this proposed rule. Comments must 
be submitted by January 5, 1996. Comments must bear a notation 
indicating the document control number. Three copies of the comments 
should be submitted to either location listed under ADDRESSES.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any or all of that information as 
"Confidential Business Information" (CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2. A copy of a comment that does not contain CBI must be 
submitted for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after publication 
of this document in the Federal Register that this rulemaking proposal 
be referred to an Advisory Committee in accordance with section 408(e) 
of the FFDCA.
    Documents considered and relied upon by EPA pertaining to this 
action, and all written comments filed pursuant to this proposed rule, 
will be available for public inspection in Rm. 1132, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA between 8 a.m. and 4:30 
p.m., Monday through Friday, except legal holidays. To satisfy 
requirements for analysis specified by Executive Order 12866 and the 
Regulatory Flexibility Act, EPA has considered the impacts of this 
proposal.
     A record has been established for this rulemaking under docket 
number [OPP-300403] (including 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 4:30 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.
    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 all comments 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.
IV. Regulatory Assessment Requirements
A. Executive Order 12866
    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 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 entitlements, 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 this Executive Order, it has been 
determined that this rule is not a "significant regulatory action," 
because it does not meet any of the regulatory-significance criteria 
listed above.
B. Regulatory Flexibility Act
    This proposed rule has been reviewed under the Regulatory 
Flexibility Act of 1980 (Pub. L. 96-354; 94 Stat. 1164, 5 U.S.C. 601 et 
seq.), and EPA has determined that it will not have a significant 
economic impact on a substantial number of small businesses, small 
governments, or small organizations.
    Accordingly, I certify that this proposed rule does not require a 
separate regulatory flexibility analysis under the Regulatory 
Flexibility Act.
C. Paperwork Reduction Act
    This proposed regulatory action does not contain any information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.
D. Unfunded Mandates
    This proposed rule contains no Federal mandates under Title II of 
the Unfunded Mandates Reform Act of 1995. Pub. L. 104-4 for State, 
local, or tribal governments or the private sector because it would not 
impose enforceable duties on them.
List of Subjects in 40 CFR Part 180
    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.
    Dated: November 30, 1995.
Jack E. Housenger,
Chief, Special Review Branch, Special Review and Reregistration 
Division, Office of Pesticide Programs.
    Therefore, it is proposed that 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. 180.390, by amending the table therein by revising the 
entries for grass, hay and grass, rangeland, forage to read as follows:
Sec. 180.390   Tebuthiuron; tolerances for residues.
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                                                              Parts per 
                         Commodity                             million  
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                                * * * * *                               
Grass, hay.................................................     10.0
Grass, forage..............................................     10.0
                                                                        
                                * * * * *                               
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