55252
Federal
Register
/
Vol.
67,
No.
167
/
Wednesday,
August
28,
2002
/
Notices
ENVIRONMENTAL
PROTECTION
AGENCY
[OPP–
2002–
0069;
FRL–
7197–
4]

Methodology
for
Lower
Toxicity
Pesticide
Chemicals;
Extension
of
Comment
Period
AGENCY:
Environmental
Protection
Agency
(EPA).

ACTION:
Notice
of
Availability;
Extension
of
Comment
Period.

SUMMARY:
On
June
13,
2002,
EPA
published
a
notice
of
availability
soliciting
comments
on
a
document
``
methodlogy
for
determining
the
data
needed
and
the
types
of
assessments
necessary
to
make
FFDCA
section
408
safety
determinations
for
lower
toxicity
pesticide
chemicals.
''
EPA
is
extending
the
comment
period
for
30
days,
from
September
11,
2002,
to
October
11,
2002.

DATES:
Comments,
identified
by
the
docket
ID
number
OPP–
2002–
0069,
must
be
received
on
or
before
October
11,
2002.

ADDRESSES:
Comments
may
be
submitted
by
mail,
electronically,
or
in
person.
Please
follow
the
detailed
instructions
for
each
method
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPP–
2002–
0069
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
Kathryn
Boyle,
Registration
Division
(7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(703)
305–
6304;
fax
number:
(703)
305–
0599;
e­
mail
address:
boyle.
kathryn@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

This
action
is
directed
to
the
public
in
general.
This
action
may,
however,
be
of
interest
to
those
persons
who
are
or
may
be
required
to
conduct
testing
of
chemical
substances­
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(FFDCA),
or
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(FIFRA)].
Since
other
entities
may
also
be
interested,
the
Agency
has
not
attempted
to
describe
all
the
specific
entities
that
may
be
affected
by
this
action.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.
B.
How
Can
I
Get
Additional
Information,
Including
Copies
of
this
Document
and
Other
Related
Documents?

1.
Electronically.
You
may
obtain
electronic
copies
of
this
document,
and
certain
other
related
documents
that
might
be
available
electronically,
from
the
EPA
Internet
Home
Page
at
http://
www.
epa.
gov/.
On
the
Home
Page
select
``
Laws
and
Regulations,
''
``
Regulations
and
Proposed
Rules,
''
and
then
look
up
the
entry
for
this
document
under
the
``
Federal
Register—
Environmental
Documents.
''
You
can
also
go
directly
to
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
To
obtain
an
electronic
copy
of
the
methodology,
go
to
www.
epa.
gov/
oppfead1/
cb/
csb
page/
updates/
lowertox.
pdf
.
2.
In
person.
The
Agency
has
established
an
official
record
for
this
action
under
docket
ID
number
OPP–
2002–
0069.
The
official
record
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received
during
an
applicable
comment
period,
and
other
information
related
to
this
action,
including
any
information
claimed
as
Confidential
Business
Information
(CBI).
This
official
record
includes
the
documents
that
are
physically
located
in
the
docket,
as
well
as
the
documents
that
are
referenced
in
those
documents.
The
public
version
of
the
official
record
does
not
include
any
information
claimed
as
CBI.
The
public
version
of
the
official
record,
which
includes
printed,
paper
versions
of
any
electronic
comments
submitted
during
an
applicable
comment
period,
is
available
for
inspection
in
the
Public
Information
and
Records
Integrity
Branch
(PIRIB),
Rm.
119,
Crystal
Mall
#2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA,
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(703)
305–
5805.

C.
How
and
to
Whom
Do
I
Submit
Comments?

You
may
submit
comments
through
the
mail,
in
person,
or
electronically.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPP–
2002–
0069
in
the
subject
line
on
the
first
page
of
your
response.
1.
By
mail.
Submit
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(PIRIB),
Information
Resources
and
Services
Division
(7502C),
Office
of
Pesticide
Programs
(OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
2.
In
person
or
by
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(PIRIB),
Information
Resources
and
Services
Division
(7502C),
Office
of
Pesticide
Programs
(OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
#2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
The
PIRIB
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(703)
305–
5805.
3.
Electronically.
You
may
submit
your
comments
electronically
by
e­
mail
to:
opp­
docket@
epa.
gov,
or
you
can
submit
a
computer
disk
as
described
in
this
unit.
Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
Electronic
submissions
will
be
accepted
in
WordPerfect
6.1/
8.0/
9.0
or
ASCII
file
format.
All
comments
in
electronic
form
must
be
identified
by
docket
ID
number
OPP–
2002–
0069.
Electronic
comments
may
also
be
filed
online
at
many
Federal
Depository
Libraries.

D.
How
Should
I
Handle
CBI
that
I
Want
to
Submit
to
the
Agency?

Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
You
may
claim
information
that
you
submit
to
EPA
in
response
to
this
document
as
CBI
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.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
version
of
the
official
record.
Information
not
marked
confidential
will
be
included
in
the
public
version
of
the
official
record
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

E.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.

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Federal
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/
Vol.
67,
No.
167
/
Wednesday,
August
28,
2002
/
Notices
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
the
notice
or
collection
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
notice.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
control
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

II.
What
Action
is
EPA
Taking?
In
the
Federal
Register
of
June
13,
2002
(67
FR
40732)
(FRL–
7177–
9),
EPA
published
a
notice
of
availability
soliciting
comments
on
a
document
``
methodology
for
determing
the
data
needed
and
the
types
of
assessments
necessary
to
make
FFDCA
section
408
safety
determinations
for
lower
toxicity
pesticide
chemicals.
''
In
response
to
a
request
for
an
extension,
EPA
is
extending
the
comment
period
for
30
days,
from
September
11,
2002
to
October
11,
2002.
The
methodology
is
available
on
the
Agency's
Web
site
at
www.
epa.
gov/
oppfead1/
cb/
csb
page/
updates/
lowertox.
pdf.

List
of
Subjects
Environmental
protection,
Administrative
practice
and
procedure,
Agricultural
commodities,
Pesticides
and
pests.

Dated:
August
22,
2002.
Deborah
Edwards,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs.
[FR
Doc.
02–
21937
Filed
8–
27–
02;
8:
45
am]

BILLING
CODE
6560–
50–
S
ENVIRONMENTAL
PROTECTION
AGENCY
[OPP–
2002–
0165;
FRL–
7190–
5]

Pesticides;
Guidance
for
Pesticide
Registrants
on
Submitting
Requests
for
Threshold
of
Regulation
(TOR)
Decisions
and
Standard
Operating
Procedures
(SOP)
for
Making
TOR
Decisions
AGENCY:
Environmental
Protection
Agency
(EPA).
ACTION:
Notice.

SUMMARY:
The
Agency
is
announcing
the
availability
of
Pesticide
Registration
Notice
2002–
2
(PR­
Notice)
Entitled
``
Guidance
for
Submitting
Requests
for
Threshold
of
Regulation
(TOR)
Decisions.
''
The
Office
of
Pesticide
Programs
(OPP)
issues
PR­
Notices
to
inform
pesticide
registrants
and
other
interested
persons
about
important
policies,
procedures
and
registrationrelated
decisions
and
to
provide
guidance
to
pesticide
registrants
and
OPP
personnel.
PR­
Notice
2002–
2
provides
guidance
concerning
procedures
to
use
when
a
registrant
or
other
person
wants
the
Agency
to
determine
whether
a
use
of
a
pesticide
in
a
manner
that
has
the
possibility
of
resulting
in
residues
in
food
qualifies
under
the
Agency's
October
27,
1999
``
Threshold
of
Regulation''
policy.
If
EPA
concludes
a
use
is
below
the
threshold
of
regulation,
no
tolerance
or
tolerance
exemption
would
be
required.
The
accompanying
SOP
explains
how
the
Agency
will
process
TOR
requests.
FOR
FURTHER
INFORMATION
CONTACT:
Vivian
Prunier,
Field
and
External
Affairs
Division
(7506C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(703)
308–
9341;
fax
number:
(703)
305–
5884;
e­
mail
address:
Prunier.
Vivian@
epa.
gov.
SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?
This
action
is
directed
to
the
public
in
general.
This
action
may,
however,
be
of
interest
to
those
persons
who
are
required
to
register
pesticides
under
the
Federal
Fungicide,
Insecticide
and
Rodenticide
Act
(FIFRA)
or
to
persons
who
may
be
interested
in
ascertaining
whether
a
tolerance
or
tolerance
exemption
is
required
under
the
Federal
Food,
Drug
and
Cosmetic
Act
(FFDCA)
as
a
condition
of
FIFRA
registration
of
a
pesticide.
Since
other
entities
may
also
be
interested,
the
Agency
has
not
attempted
to
describe
all
the
specific
entities
that
may
be
affected
by
this
action.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

B.
How
Can
I
Get
Additional
Information,
Including
Copies
of
this
Document
and
Other
Related
Documents?
1.
Electronically.
You
may
obtain
electronic
copies
of
this
document,
and
certain
other
related
documents
that
might
be
available
electronically,
from
the
EPA
Internet
Home
Page
at
http://
www.
epa.
gov/.
To
access
this
document,
on
the
Home
Page
select
``
Laws
and
Regulations,
''
``
Regulations
and
Proposed
Rules,
''
and
then
look
up
the
entry
for
this
document
under
the
``
Federal
Register—
Environmental
Documents.
''
You
can
also
go
directly
to
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
You
may
view
the
PR
Notice
and
the
SOP
described
in
this
notice
on
the
Office
of
Pesticide
Programs
Internet
Home
Page
at
http://
www.
epa.
gov/
opppmsd1/
PR
Notices/.
2.
In
person.
The
Agency
has
established
an
official
record
for
this
action
under
docket
ID
number
OPP–
2002–
0165.
The
official
record
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received
during
an
applicable
comment
period,
and
other
information
related
to
this
action,
including
any
information
claimed
as
Confidential
Business
Information
(CBI).
This
official
record
includes
the
documents
that
are
physically
located
in
the
docket,
as
well
as
the
documents
that
are
referenced
in
those
documents.
The
public
version
of
the
official
record
does
not
include
any
information
claimed
as
CBI.
The
public
version
of
the
official
record,
which
includes
printed,
paper
versions
of
any
electronic
comments
submitted
during
an
applicable
comment
period,
is
available
for
inspection
in
the
Public
Information
and
Records
Integrity
Branch
(PIRIB),
Rm.
119,
Crystal
Mall
#2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA,
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(703)
305–
5805.

II.
Background
In
the
Federal
Register
of
October
27,
1999
(64
FR
57881),
the
Environmental
Protection
Agency
(EPA)
announced
the
availability
of
a
document
entitled
``
Threshold
of
Regulation
Policy
—
Deciding
Whether
a
Pesticide
with
a
Food
Use
Pattern
Needs
a
Tolerance.
''
The
Threshold
of
Regulation
(TOR)
policy
listed
criteria
and
procedures
for
considering
whether
a
tolerance
is
required
for
the
use
of
a
pesticide.
A
use
may
qualify
as
a
TOR
use
if:
(a)
Using
a
reliable
and
appropriately
sensitive
analytical
method
to
measure
residues
in
the
commodity,
no
residues
are
detected
in
the
commodity
under
the
expected
conditions
of
use;
and
(b)
using
reasonably
protective
criteria,
the
estimated
potential
risk
of
any
theoretically
possible
residues
in
food
is
not
of
concern.
In
the
Federal
Register
of
October
5,
2001
(55
FR
51040),
the
Agency
announced
the
availability
of,
and
asked
for
comments
on,
a
draft
PR­
Notice
entitled
``
Guidance
for
Submitting
Requests
for
Threshold
of
Regulation
(TOR)
Decisions.
''
The
draft
PR­
Notice
would
provide
guidance
on
how
to
submit
a
request
for
a
TOR
decision
and
would
explain
how
EPA
will
make
TOR
decisions
in
the
course
of
pesticide
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