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bufencarb Tolerance Revocation--Final Rule 5/93

Bufencarb; Revocation of Tolerances 



AGENCY: Environmental Protection Agency (EPA). 



ACTION: Final rule.

.

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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, 

1993.



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, 

(703)-305-5179. 



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 

Toxic Substances.

   Therefore, 40 CFR part 180 is 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.





. 180.255   [Removed]



   2. By removing . 180.255 Bufencarb; tolerances for residues.



[FR Doc. 93-13585 Filed 6-8-93; 8:45 am]