Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices 10053

Maximum Residue Contributions

(TMRC) calculated from the tolerances

and estimated consumption data for

various populations (very conservative

estimates) a value of 0.019213 is

obtained for the TMRC which represents

64.0 percent of the established reference

dose was reached for the overall U.S.

population. The Dietary Analysis for the

Proposed Use of thiodicarb on broccoli,

cabbage and cauliflower has been run by

EPA and summarized in a document

dated July 9, 1990 (Briggs, R.). Using the

TMRC calculated from the tolerances

and estimated consumption data for

various populations (very conservative

estimates). A value of 0.015225 is

obtained for the TMRC which represents

50.8 percent of the established reference

dose utilized for the overall U.S.

population. None of the population

subgroups exceeded the 100 percent

level of the reference dose. This value

includes all pending and published

tolerances, including apples, tomatoes

and peppers for which Rhone-Poulenc

Ag Company does not currently have a

registration. This is a large

overestimation of the actual dietary

exposure to thiodicarb because it

assumes 100 percent of crops treated

and maximum residue levels present.

The FQPA of 1996 lists three other

potential sources of exposure to the

general population that must be

addressed, these are pesticides in

drinking water, exposure from nonoccupational sources, and the potential

cumulative effect of pesticides with

similar toxicological modes of action.

Based on the available studies of

thiodicarb in the environment which

show a short half-life in soil (1.5 days),

Rhone-Poulenc Ag Company does not

anticipate residues of thiodicarb in

drinking water. There is no established

Maximum Concentration Level or

Health Advisory Level for thiodicarb

under the Safe Drinking Water Act.

The potential for non-occupational

exposure to the general public is also

insignificant. There are no residential

lawn or garden uses for thiodicarb

products where the general population

may be exposed via inhalation or

dermal routes.

Rhone-Poulenc concludes that

consideration of a common mechanism

of toxicity is not appropriate at this time

since there is no reliable data to indicate

that the toxic effects caused by

thiodicarb would be cumulative with

those of any other compound. Based on

this point, Rhone-Poulenc has

considered only the potential risks of

thiodicarb in it’s exposure assessment.

D. Safety Determinations

1. U.S. population in general. Using

the very conservative exposure

estimates described above, the

conclusion reached is that aggregate

exposure to thiodicarb will utilize no

more than 64 percent of the established

reference dose. Rhone-Poulenc Ag

Company has conducted a preliminary

Dietary Risk Exposure Study (DRES)

with TAS, Inc. which utilizes actual

data (where available) for percent crops

treated and residue data from FDA and

Cal-EPA monitoring programs (no

detectable residues of thiodicarb were

observed in these databases, so as a

conservative estimate, all methomyl

residues were assumed to result from

thiodicarb use). Only registered and

conditionally registered uses (including

leafy vegetables, broccoli, cabbage and

cauliflower) were included in the

analysis. The study concluded that

chronic exposure estimates are well

below the endpoints of concern.

Chronic exposure estimates are 0.1

percent of the RfD or less for all

population groups. Based on this study

and the above points, Rhone-Poulenc Ag

Company believes there is a reasonable

certainty that no harm will result from

aggregate exposure to thiodicarb.

2. Infants and children. Referring to

the conclusions and summary in the

Developmental and Reproductive

Toxicity section stated above, RhonePoulenc Ag Company believes there is

no additional sensitivity for infants and

children and that an additional safety

factor for infants and children is not

warranted. The RfD of 0.03 mg/kg/day is

appropriate for assessing aggregate risk

to this subpopulation. For the infant and

children (1 to 6 years of age)

populations only 0.1 percent of the

reference dose was used in the DRES

study discussed above.

Based on the completeness and

reliability of the toxicology data and the

dietary analysis Rhone-Poulenc Ag

Company concludes that there is a

reasonable certainty that no harm will

result to infants and children from

aggregate exposure to thiodicarb

residues.

E. International Tolerances

There are no Codex maximum residue

levels established for thiodicarb on leafy

vegetables, broccoli, cabbage or

cauliflower.

II. Public Record

EPA invites interested persons to

submit comments on this notice of

filing. Comments must bear a

notification indicating the docket

control number [PF–700].

A record has been established for this

notice under docket control number

[PF–700] (including comments and data

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 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Rm. 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.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as ASCII file avoiding the use

of special characters and any form of

encryption.

The official record for this notice, as

well as the public version, as described

above will be kept in paper form.

Accordingly, EPA will transfer all

comments received electronically into

printed, paper form as they are received

and will place the paper copies in the

official notice record which will also

include all comments submitted directly

in writing. The official notice record is

the paper record maintained at the

address in ‘‘ADDRESSES’’ at the

beginning of this document.

Authority: 21 U.S.C. 346a.

List of Subjects

Environmental Protection,

Administrative practice and procedure,

Agricultural commodities, Pesticide and

pest, Reporting and recordkeeping

requirements.

Dated: February 10, 1997.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 97–4879 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–F

[OPP–181034; FRL 5591–2]

Bifenthrin; Receipt of Application for

Emergency Exemption, Solicitation of

Public Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received a specific

exemption request from the Washington
10054 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices

Department of Agriculture (hereafter

referred to as the ‘‘Applicant’’) to use

the pesticide bifenthrin (CAS 82657–

04–3 cis and 83322–02–5 trans),

formulated as Brigade WSB, to treat up

to 9,500 acres of raspberries to control

weevils. This is the fifth year this use

has been requested, and it has been

allowed under section 18 for the past 4

years. Since this request proposes a use

which has been requested or granted in

any 3 previous years, and a complete

application for registration and petition

for tolerance has not yet been submitted

to the Agency, EPA is soliciting public

comment before making the decision

whether or not to grant the exemption,

in accordance with 40 CFR 166.24(a)(6).

DATES: Comments must be received on

or before March 20, 1997.

ADDRESSES: Three copies of written

comments, bearing the identification

notation ‘‘OPP–181034,’’ should be

submitted by mail to: Public Response

and Program Resource Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

comments to: Rm. 1132, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

[OPP–181034]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

comments on this notice may be filed

online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

Information submitted in any

comment concerning this notice may be

claimed confidential by marking any

part or all of that information as CBI.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be provided by the

submitter for inclusion in the public

record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice. All written

comments filed pursuant to this notice

will be available for public inspection in

Rm. 1132, Crystal Mall No. 2, 1921

Jefferson Davis Highway, Arlington, VA,

from 8:30 a.m. to 4 p.m., Monday

through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrea Beard, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number and e-mail: Floor 6, Crystal

Station #1, 2800 Jefferson Davis

Highway, Arlington, VA, (703) 308–

8791; e-mail:

beard.andrea@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Pursuant

to section 18 of the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA)

(7 U.S.C. 136p), the Administrator may,

at her discretion, exempt a state agency

from any registration provision of

FIFRA if she determines that emergency

conditions exist which require such

exemption. The Applicant has requested

the Administrator to issue a specific

exemption for the use of bifenthrin on

raspberries to control weevils.

Information in accordance with 40 CFR

part 166 was submitted as part of this

request.

According to the Applicant, this

emergency exists because of the loss of

the chlorinated hydrocarbon

insecticides. Initially, raspberry growers

obtained some relief through use of

carbofuran under an exemption;

however, that use was later disallowed

due to groundwater concerns.

Exemptions were then issued for several

years for use of permethrin, but

discontinued as the Applicant opted to

request bifenthrin instead, due to claims

that use of permethrin disrupted natural

controls of other raspberry pests,

leading to population flare-ups of these

pests (primarily mites). This use of

bifenthrin has been allowed under

section 18 for the past four years, and

the Applicant states that alternative

controls are not adequate to prevent

significant economic losses due to

damage and contamination problems

from weevils.

Under the proposed exemption,

bifenthrin would be applied at a rate of

0.1 lb. a.i. per acre, with no more than

2 applications during the growing

season, not to exceed the rate of 0.2 lb.

a.i. per acre using ground equipment

only. If all 9,500 acres are treated at this

maximum rate, this could potentially

result in a total use of 1,900 lb. a.i.

This notice does not constitute a

decision by EPA on the application

itself. The regulations governing section

18 require publication of a notice of

receipt of an application for a specific

exemption proposing a use which has

been requested or granted in any 3

previous years, and a complete

application for registration and/or

tolerance petition has not been

submitted to the Agency [40 CFR 166.24

(a)(6)]. Such notice provides for

opportunity for public comment on the

application.

A record has been established for this

notice under docket number [OPP–

181034] (including comments and data

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 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resource

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this notice, as

well as the public version, as described

above will be kept in paper form.

Accordingly, EPA will transfer all

comments received electronically into

printed, paper form as they are received

and will place the paper copies in the

official record which will also include

all comments submitted directly in

writing. The official record is the paper

record maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document. Accordingly, interested

persons may submit written views on

this subject to the Field Operations

Division at the address above.

The Agency, accordingly, will review

and consider all comments received

during the comment period in

determining whether to issue the

emergency exemption requested by the

Washington Department of Agriculture.

List of Subjects

Environmental protection, Pesticides

and pests, Emergency exemptions.

Dated: February 19, 1997.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 97–5199 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–F