tebuthiuron (Graslan, Spike) Pesticide Tolerances 5/96
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
Tebuthiuron; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
SUMMARY: This final regulation establishes lower tolerances for
residues of Tebuthiuron on grass hay and grass rangeland forage and
changes the commodity name grass, rangeland forage to grass, forage.
These changes are based on the Reregistration Eligibility Decision
tolerance assessment for Tebuthiuron.
EFFECTIVE DATE: This regulation becomes effective July 2, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [OPP-300403A], may be submitted to: Hearing
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St.,
SW., Washington, DC 20460. Fees accompanying objections and hearing
requests 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: 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.
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 objections and hearing requests will
also be accepted on disks in WordPerfect 5.1 file format or ASCII file
format. All copies of objections and hearing requests in electron form
must be identified by the docket number [300403A]. 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
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 and telephone
number: Crystal Station #1, Third Floor, 2800 Jefferson Davis Highway,
Arlington, VA 22202. (703) 308-8174, e-mail:
SUPPLEMENTARY INFORMATION: In the Federal Register of December 6, 1995
(60 FR 62364), EPA issued a proposed rule that proposed to lower the
tolerance for Tebuthiuron on grass hay and grass rangeland forage and
to change the commodity name ``grass, rangeland forage'' to ``grass,
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule. This final rule
adopts those changes based on the Reregistration Eligibility Decision
tolerance assessment for Tebuthiuron.
This regulation amends 40 CFR 180.390 by lowering the tolerance for
grass hay and forage from 20 parts per million (ppm) to 10 ppm, based
on data showing that combined residues of tebuthiuron and its regulated
metabolites did not exceed 10 ppm on any grass forage or hay sample in
field trials conducted under label conditions.
This regulations also amends the definition listed in 40 CFR
180.390 to conform to commodity definitions currently used by EPA.
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
tolerance will protect the public health. Therefore, the tolerance is
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 docket
number [OPP-300403A] (including any 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.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
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, 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 entitlement, grants, user
fees, or loan programs or the rights and obligations 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
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
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).
There are no information collection requirements in this regulation
therefore the requirements of the Paperwork Reduction Act do not apply
to this rulemaking.
List of Subjects In 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
Dated: April 16, 1996.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Therefore, 40 CFR, chapter I, part 180 is proposed to be amended as
1. The authority citation for part 180 would continue to read as
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.390 the table is amended by revising the entry for
``grass, hay'', removing the entry for ``grass, rangeland, forage'',
and adding alphabetically an entry for ``grass, forage'', to read as
Sec. 180.390 Tebuthiuron; tolerances for residues.
* * * * *
* * * * *
Grass, forage.............................................. 10.0
Grass, hay................................................. 10.0
* * * * *
[FR Doc. 96-10920 Filed 5-2-96; 8:45 am]
BILLING CODE 6560-50-F