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tebuthiuron (Graslan, Spike) Pesticide Tolerances 5/96

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300403A; FRL-4995-8]
RIN 2070-AB78
 
Tebuthiuron; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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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 
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 and telephone 
number: Crystal Station #1, Third Floor, 2800 Jefferson Davis Highway, 
Arlington, VA 22202. (703) 308-8174, e-mail: 
chambliss.ben@epamail.epa.gov.
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, 
forage.''
    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 
(e-mail) to:
    opp-docket@epamail.epa.gov.
    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 
Order.
    Pursuant to the terms of this 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 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 
recordkeeping requirements.
    Dated: April 16, 1996.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, 40 CFR, chapter I, part 180 is proposed to be amended as 
follows:
PART 180--[AMENDED]
    1. The authority citation for part 180 would continue to read as 
follows:
    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 
follows:
Sec. 180.390  Tebuthiuron; tolerances for residues.
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                                                              Parts per 
                         Commodity                             million  
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                  *        *        *        *        *                 
Grass, forage..............................................         10.0
Grass, hay.................................................         10.0
                                                                        
                  *        *        *        *        *                 
                                                                        
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[FR Doc. 96-10920 Filed 5-2-96; 8:45 am]
BILLING CODE 6560-50-F