bufencarb Tolerance Revocation--Final Rule 5/93
Bufencarb; Revocation of Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document revokes the tolerances listed in 40 CFR
180.255 for residues of the insecticide bufencarb (a mixture
consisting of 25 percent 3-(1-ethylpropyl) phenyl methylcarbamate
and 75 percent 3-(1-methylbutyl) phenyl methylcarbamate) in
or on the following raw agricultural commodities: corn fodder,
corn forage, fresh corn (including sweet corn kernels plus cob
with husk removed (K+CWHR)), corn grain, rice grain, and rice
straw. EPA is taking this action because all registered uses
of bufencarb on these commodities have been canceled.
EFFECTIVE DATE: This regulation becomes effective on June 9,
ADDRESSES: Written objections, identified by the document control
number, [OPP-300251A], may be submitted to: Hearing Clerk (A-
110), Environmental Protection Agency, Rm. 3708, 401 M St.,
SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: By mail: Jim Downing, Registration
Division (H7505C), Environmental Protection Agency, 401 M St.,
SW., Washington, DC 20460. Office location and telephone number:
Rm. 718H, CM .2, 1921 Jefferson Davis Hwy., Arlington, VA 22202,
SUPPLEMENTARY INFORMATION: This document announces the revocation
of tolerances established under section 408 of the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues
of the insecticide bufencarb in or on corn fodder, corn forage,
fresh corn (including sweet corn kernels plus cob with husk
removed (K+CWHR)), corn grain, rice grain, and rice straw.
EPA issued a proposed rule, published in the Federal Register
of August 12, 1992 (57 FR 36042), which proposed the revocation
of tolerances for residues of bufencarb in or on all the raw
agricultural commodities identified above and listed in 40 CFR
180.255. The Agency's decision to revoke these tolerances was
based on the ract that all registered uses of bufencarb on corn
and rice had been canceled.
Since the registrations for bufencarb products were canceled
more than 6 years ago, existing stocks of those products should
have been depleted several years ago. Thus, EPA believes there
has been adequate time for legally treated agricultural commodities
to have gone through channels of trade. Further, since bufencarb
is not a persistent chemical, there is no anticipation of a
residue problem due to environmental contamination. Consequently,
no action levels will be recommended to replace the tolerances
upon their revocation.
Any person adversely affected by this regulation revoking
the tolerance may, within 30 days after publication of this
document in the Federal Register, file written objections and/or
a request for a hearing with the Hearing Clerk, at the address
given above (40 CFR 178.20). The objections submitted must specify
the provisions of the regulation deemed objectionable and the
grounds for the objections (40 CFR 178.25). 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 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).
This document has been reviewed by the Office of Management
and Budget as required by section 3 of Executive Order 12291.
Executive Order 12291
As explained in the proposal published August 12, 1992, the
Agency has determined, pursuant to the requirements of Executive
Order 12291, that the removal of these tolerances will not cause
adverse economic impact on significant portions of U.S. enterprises.
Regulatory Flexibility Act
This rulemaking 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 it has been determined that it will not have a significant
economic impact on a substantial number of small businesses,
small governments, or small organizations. The reasons for this
conclusion are discussed in the August 12, 1992 proposal.
List of Subjects in 40 CFR Part 180
Administrative practice and procedure, Agricultural commodities,
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: May 28, 1993.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and
Therefore, 40 CFR part 180 is amended as follows:
1. The authority citation for part 180 continues to read
Authority: 21 U.S.C. 346a and 371.
. 180.255 [Removed]
2. By removing . 180.255 Bufencarb; tolerances for residues.
[FR Doc. 93-13585 Filed 6-8-93; 8:45 am]