Thiodicarb; Extension of Pesticide Tolerances

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

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-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. 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