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thiodicarb (Larvin) Extension of Pesticide Tolerances--Final Rule 12/95

[Federal Register: December 20, 1995 (Volume 60, Number 244)]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 6F3417 and 7F3516/R2192; FRL-4990-7]
RIN 2070-AB78
Thiodicarb; Extension of Pesticide Tolerances 
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: This rule extends until August 15, 1997, the temporary 
tolerances for the insecticide thiodicarb and its metabolite in or on 
leafy vegetables, broccoli, cabbage, and cauliflower. Rhone Poulenc Ag. 
Co. requested this regulation pursuant to the Federal Food, Drug and 
Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation becomes effective December 20, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 6F3417 and 7F3516/R2192], may be submitted 
to: Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 
401 M St., SW., Washington, DC 20460. 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. Fees accompanying objections 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 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. Copies of 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 in 5.1 
file format or ASCII file format. All copies of objections and hearing 
requests in electronic form must be identified by the docket number [PP 
6F3417 and 7F3516/R2192]. 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: Dennis Edwards, Jr., Product 
Manager (PM 19), Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 213, CM #2, 1921 
Jefferson Davis Hwy., Arlington, VA 22202; (703) 305-6386; e-mail: 
            edwards.dennis@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Pursuant to petitions from the Rhone Poulenc 
Ag. Co., P.O. Box 12014, Research Triangle Park, NC 27709, EPA issued 
final rules establishing temporary tolerances for residues of the 
combined residues of the insecticide thiodicarb in or on leafy 
vegetables at 35 parts per million (ppm) and broccoli, cabbage, and 
cauliflower at 7 ppm (see the Federal Register of August 11, 1993 (58 
FR 42673)). To be consistent with conditional registrations for 
thiodicarb on leafy vegetables and broccoli, cabbage, and cauliflower, 
which were due to expire December 31, 1995, the Agency established the 
tolerances with an expiration date of August 15, 1996, to cover 
residues expected to be present from use during the period of 
conditional registration while the Agency continued to review studies 
of acetamide, a metabolite, and the chronic carcinogenicity studies for 
thiodicarb. The Agency concluded that the human risk posed by the use 
of thiodicarb on leafy vegetables and broccoli, cabbage, and 
cauliflower does not raise significant concerns and that extending the 
tolerances would still be protective of human health. The Agency is 
continuing to review submitted toxicology studies.
    In a notice in the Federal Register of October 25, 1995 (60 FR 
54690), the Agency announced the receipt of a request from Rhone 
Poulenc Ag. Co. to extend the temporary tolerances for thiodicarb and 
its metabolite for leafy vegetables, broccoli, cabbage, and cauliflower 
for 1 year with an expiration date of August 15, 1997. No comments were 
received as a result of the notice. Therefore, as set forth below, the 
temporary tolerances are extended for an additional year with an 
expiration date of August 15, 1997, to cover residues existing from the 
continued conditional registration of thiodicarb. The tolerances could 
be made permanent if full registration is subsequently granted. Notice 
of further action on these tolerances will be published for comment in 
the Federal Register. Residues remaining in or on the above raw 
agricultural commodities after expiration of the tolerances will not be 
considered actionable if the pesticide is legally applied during the 
term of, and in accordance with, provisions of the conditional 
registrations.
    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 [PP 6F3417 and 7F3516/R2192] (including 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.
    Written objections and hearing requests, identified by the document 
control number [PP 6F3417 and 7F3516/R2192], may be submitted to the 
Hearing Clerk (1900), Environmental Protection Agency, Rm. 3708, 401 M 
St., SW., Washington, DC 20460.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to EPA at:
                opp-Docket@epamail.epa.gov


    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk 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 any 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 objections and hearing requests 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 all the requirements of the Executive Order 
(i.e., Regulatory Impact Analysis, review by the Office of Management 
and Budget (OMB)). Under section 3(f), the order defines 
"significant" as those actions likely to lead to 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 known 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 (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).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: December 5, 1995.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

    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.

Sec. 180.407   [Amended]

    2. Section 180.407 Thiodicarb; tolerances for residues is amended 
in paragraph (b) introductory text by changing "August 15, 1996" to 
read "August 15, 1997", and in paragraph (c) introductory text by 
changing "August 15, 1996" to read "August 15, 1997".