[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Rules and Regulations]
[Pages 24784-24785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11384]




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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 7F3516 and 6F3417/R2123; FRL-4947-5]

RIN 2070-AB78


Thiodicarb; Extension of Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule extends the temporary tolerances for the insecticide 
thiodicarb and its metabolite in or on leafy vegetables, broccoli, 
cabbage, and cauliflower until August 15, 1996. Rhone Poulenc Ag. Co. 
requested this regulation.

EFFECTIVE DATE: This regulation becomes effective May 10, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number [PP 7F3516 and 6F3417/R2123], may be submitted 
to the Hearing Clerk (1900), Environmental Protection Agency, Rm. 
M3708, 401 M St., SW., Washington, DC 20460. 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 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.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. 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 
7F3516 and 6F3417/R2123]. 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: 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: 
[email protected].

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, 1994, the Agency established the tolerances with 
an expiration date of August 15, 1995, to cover residues expected to be 
present from use during the period of conditional registration while 
the Agency continued to review studies on 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 January 12, 1995 (60 FR 
2962), the Agency announced the receipt of a request from Rhone Poulenc 
Ag. Co. to extend the temporary tolerance for thiodicarb and its 
metabolite for leafy vegetables and broccoli, cabbage, and cauliflower 
for 1 year with an expiration date of August 15, 1996. 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, 1996, 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 with the Hearing Clerk, at the address given above. 
40 CFR 178.20. The objections submitted must specify the provisions for 
the regulation deemed objectionable and the grounds for the objections. 
40 CFR 178.25. Each objections 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 will be granted if the Administrator determines that the 
material submitted shows the following: There is a genuine and 
[[Page 24785]] 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 issues(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 7F3516 and 6F3417/R2123] (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.
    Written objections and hearing requests, identified by the document 
control number [PP 7F3516 and 6F3417/R2123], 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-D[email protected]


    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.
    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.
    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: April 24, 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, 1995'' to 
read ``August 15, 1996'' and in paragraph (c) introductory text by 
changing ``August 15, 1995'' to read ``August 15, 1996''.

[FR Doc. 95-11384 Filed 5-9-95; 8:45 am]
BILLING CODE 6560-50-F