78713
Federal
Register
/
Vol.
67,
No.
248
/
Thursday,
December
26,
2002
/
Rules
and
Regulations
DEPARTMENT
OF
LABOR
Mine
Safety
and
Health
Administration
30
CFR
Parts
48
and
75
RIN
1219
 
A33
Emergency
Temporary
Standard;
Correction
AGENCY:
Mine
Safety
and
Health
Administration
(
MSHA),
Labor.
ACTION:
Emergency
Temporary
Standard;
correction.

SUMMARY:
This
document
corrects
errors
that
appeared
in
MSHA's
preamble
for
Emergency
Evacuations;
Emergency
Final
Rule.

EFFECTIVE
DATE:
December
26,
2002.

FOR
FURTHER
INFORMATION
CONTACT:
Marvin
W.
Nichols,
Jr.,
Director,
Office
of
Standards,
Regulations,
and
Variances,
MSHA,
(
202)
693
 
9440.

SUPPLEMENTARY
INFORMATION:
On
December
12,
2002,
we
(
MSHA)
published
in
the
Federal
Register
(
67
FR
76658)
an
Emergency
Temporary
Standard
on
Emergency
Evacuations.
In
a
separate
document,
the
Office
of
the
Federal
Register
has
corrected
a
printing
error
in
the
regulatory
text:
On
p.
76665,
third
column,
next
to
last
line
of
the
last
paragraph,
the
Federal
Register
has
corrected
``(
a)(
1)''
to
read
``(
a)(
1)
through
(
4)''.
The
preamble
contained
errors;
therefore,
we
are
correcting
the
preamble
to
the
rule
as
follows:
1.
On
p.
76659,
third
column,
last
line,
change
``
determined''
to
``
concluded''.
2.
On
p.
76660,
first
column,
17th
&
18th
lines,
correct
``
report
concluded''
to
read
``
team
also
determined''.
3.
On
p.
76662,
first
column,
8th
line
in
second
full
paragraph
beginning
with
``
Because'',
correct
``(
a)(
1)
through
(
3)''
to
read
``(
a)(
1)(
i)
through
(
iii)''.

Dated:
December
19,
2002.
John
R.
Caylor,
Deputy
Assistant
Secretary
of
Labor
for
Mine
Safety
and
Health.
[
FR
Doc.
02
 
32583
Filed
12
 
24
 
02;
8:
45
am]

BILLING
CODE
4510
 
43
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0276;
FRL
 
7284
 
3]

Urea:
Revocation
of
Tolerance
Exemptions
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Direct
Final
rule.

SUMMARY:
EPA
is
amending
40
CFR
part
180
subpart
D
to
revoke
four
exemptions
from
the
requirement
of
a
tolerance
for
urea
because
these
tolerance
exemptions
are
no
longer
necessary.
The
Agency
is
acting
on
its
own
initiative.
This
direct
final
rule
is
being
published
today
with
a
companion
final
rule
titled
``
Urea:
Exemption
From
The
Requirement
of
A
Tolerance.''
DATES:
This
final
rule
is
effective
on
March
26,
2003
without
further
notice,
unless
EPA
receives
adverse
comment
within
30
days
after
publication
in
the
Federal
Register.
If
EPA
receives
adverse
comment,
EPA
will
publish
a
timely
withdrawal
in
the
Federal
Register
informing
the
public
that
this
rule
will
not
take
effect.

FOR
FURTHER
INFORMATION
CONTACT:
Treva
C.
Alston,
Registration
Division
7505C,
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
703)
308
 
8373;
e­
mail
address:
alston.
treva@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
You
may
be
affected
by
this
action
if
you
are
an
agricultural
producer,
food
manufacturer,
or
pesticide
manufacturer.
Potentially
affected
categories
and
entities
may
include,
but
are
not
limited
to:
 
Crop
production
(
NAICS
code
111)
 
Animal
production
(
NAICS
code
112)
 
Food
manufacturing
(
NAICS
code
311)
 
Pesticide
manufacturing
(
NAICS
code
32532)
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
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
Copies
Of
This
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2002
 
0276.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/
A
frequently
updated
electronic
version
of
40
CFR
part
180
is
available
at
http://
www.
access.
gpo.
gov/
nara/
cfr/
cfrhtml_
00/
Title_
40/
40cfr180_
00.
html,
a
beta
site
currently
under
development.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
Authority
A.
What
is
the
Agency's
Authority
for
Taking
this
Action?

This
direct
final
rule
is
issued
pursuant
to
section
408(
e)
of
the
Federal
Food
Drug
and
Cosmetic
Act
(
FFDCA),
as
amended
by
the
Food
Quality
Proctection
Act
(
FQPA)
(
21
U.
S.
C.
346a(
e)).
Section
408
of
FFDCA
authorizes
the
establishment
of
tolerances,
exemptions
from
the
requirement
of
a
tolerance,
modifications
in
tolerances,
and
revocation
of
tolerances
for
residues
of
pesticide
chemicals
in
or
on
raw
agricultural
commodities
and
processed
foods.
Without
a
tolerance
or
tolerance
exemption,
food
containing
pesticide
residues
is
considered
to
be
unsafe
and
therefore,
``
adulterated''
under
section
402(
a)
of
the
FFDCA.
If
food
containing
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/
Vol.
67,
No.
248
/
Thursday,
December
26,
2002
/
Rules
and
Regulations
pesticide
residues
is
found
to
be
adulterated,
the
food
may
not
be
distributed
in
interstate
commerce
(
21
U.
S.
C.
331(
a)
and
342
(
a)).

B.
Why
is
EPA
Issuing
this
as
a
Direct
Final
Rule?

EPA
is
issuing
this
action
as
a
direct
final
rule
without
prior
proposal
because
the
Agency
believes
that
this
action
is
not
controversial
and
is
not
likely
to
result
in
any
adverse
comments.
This
action
removes
four
exemptions
from
the
requirement
of
a
tolerance
for
the
pesticide
chemical,
urea.
These
tolerance
exemptions
are
not
necessary.

III.
Background
A.
What
Action
is
the
Agency
Taking?

In
a
companion
final
rule
published
in
today's
Federal
Register,
the
Agency
discussed
the
reasons
and
rationale
for
establishing
a
tolerance
exemption
for
urea
in
40
CFR
180.950.
Given
the
establishment
of
this
unlimited
tolerance
exemption,
the
tolerance
exemptions
for
urea
in
40
CFR
180.1001
(
c),
(
d),
and
(
e)
and
180.1117
are
no
longer
needed.
Therefore,
the
Agency
is
removing
these
exemptions.
No
uses
are
lost
through
the
removal
of
these
tolerance
exemptions.
All
uses
are
covered
under
the
tolerance
exemption
established
today
in
40
CFR
180.950.

B.
Which
Tolerance
Exemptions
are
Being
Removed?

1.
In
40
CFR
180.1001
(
c)
and
(
e),
there
are
two
exemptions
from
the
requirement
of
a
tolerance
for
urea.
These
exemptions
are
restricted
to
use
as
a
stabilizer
and
inhibitor.
2.
There
is
an
exemption
from
the
requirement
of
a
tolerance
for
urea
in
40
CFR
180.1001
(
d).
This
exemption
is
for
its
use
as
an
adjuvant/
intensifer
for
herbicides.
3.
Another
exemption
from
the
requirement
of
a
tolerance
is
listed
in
40
CFR
180.1117.
This
tolerance
exemption
was
established
for
residues
of
urea
when
used
as
a
frost
protectant
in
or
on
the
following
raw
agricultural
commodities
when
used
before
harvest
in
the
production
of:
Alfalfa,
almonds,
apples,
apricots,
artichokes,
asparagus,
avocados,
beans,
bell
pepppers,
blackberries,
blueberries,
broccoli,
brussels
sprouts,
boysenberries,
craneberries,
canola,
cantaloupes,
carrots,
cauliflower,
casaba,
celery,
cherries,
chili
pepers,
chinese
cabbage
(
bok
choy,
napa),
cooking
peppers,
corn,
cotton,
crenshaw,
cucumbers,
figs,
grapefruit,
grapes,
honeydew
melon,
hops,
kiwifruit,
kohlrabi,
lemons,
lentils,
lettuce,
limes,
macadamia
nuts,
musk
melon,
nectarines,
olives,
onions,
oranges,
peaches,
pears,
peanuts,
peas,
persian
melon,
pistachios,
plums,
potatoes,
pumpkin,
prunes,
radish,
raspberries,
rice,
safflower,
sorghum,
spinach,
spinach
(
New
Zealand),
squash
(
winter
and
summer),
strawberries,
sugar
beets,
sunflower,
sweet
pepper,
table
beets,
tangerines,
tomatoes,
walnuts,
watermelon,
and
zucchini.

IV.
Statute
and
Executive
Order
Reviews
Under
Executive
Order
12866,
entitled
Planning
and
Review
(
58
FR
51735,
October
4,
1993),
it
has
been
determined
that
this
direct
final
rule
is
not
a
``
significant
regulatory
action''
under
section
3(
f)
of
the
Executive
Order,
because
EPA
is
removing
four
tolerance
exemptions
that
are
no
longer
necessary
given
the
publication
of
the
companion
final
rule
that
establishes
a
broader
tolerance
exemption
that
will
cover
these
four
tolerance
exemptions.
This
direct
final
rule
is
not
expected
to
have
any
adverse
impact
and
does
not
otherwise
impose
any
new
requirements.
Since
it
is
not
significant
under
Executive
Order
12866,
it
is
not
subject
to
review
by
the
Office
of
Management
and
Budget
(
OMB)
under
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,
1997),
or
Executive
Order
13211,
entitled
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
(
66
FR
28355,
May
22,
2001).
This
direct
final
rule
directly
regulates
food
processors,
food
handlers,
and
food
retailers,
but
does
not
affect
States,
local
or
Tribal
governments
directly.
This
action
does
not
alter
the
relationships
or
distribution
of
power
and
responsibilities
established
by
Congress
in
the
preemption
provisions
of
FFDCA
section
408(
n)(
4).
This
action
will
not
have
substantial
direct
effects
on
State
or
tribal
governments,
on
the
relationship
between
the
Federal
government
and
States
or
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
States
or
Indian
tribes.
As
a
result,
this
action
does
not
require
any
action
under
Executive
Order
13132,
entitled
Federalism
(
64
FR
43255,
August
10,
1999),
or
under
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
6,
2000).
Nor
does
it
impose
any
enforceable
duty
or
contain
any
unfunded
mandate
as
described
under
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104
 
4).
Nor
does
it
require
special
considerations
under
Executive
Order
12898,
entitled
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
(
59
FR
7629,
February
16,
1994);
or
Executive
Order
12630,
entitled
Governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights
(
53
FR
8859,
March
15,
1988).
This
action
does
not
involve
any
technical
standards
that
would
require
Agency
consideration
of
voluntary
consensus
standards
pursuant
to
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
Public
Law
104
 
113,
section
12(
d)
(
15
U.
S.
C.
272
note).
Under
section
605(
b)
of
the
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.),
the
Agency
hereby
certifies
that
these
revocations
will
not
have
significant
negative
economic
impact
on
a
substantial
number
of
small
entities.
The
rationale
supporting
this
conclusion
is
as
follows.
The
rationale
here
is
that
we
are
replacing
these
exemptions
with
a
broader
one.

V.
Submission
to
Congress
and
the
Comptroller
General
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
Agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
This
rule
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).

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
12,
2002.

Peter
Caulkins,

Acting
Director,
Registration
Division
Director,
Office
of
Pesticide
Programs.

Therefore,
40
CFR
chapter
I
is
amended
as
follows:

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67,
No.
248
/
Thursday,
December
26,
2002
/
Rules
and
Regulations
PART
180
 
[
AMENDED]

1.
The
authority
citation
for
part
180
continues
to
read
as
follows:

Authority:
21
U.
S.
C.
321
(
q),
346
(
a)
and
374.

§
180.1001
[
Amended]

2.
In
subpart
D,
§
180.1001
is
amended
by:
i.
Removing
from
the
table
in
paragraph
(
c)
the
entry
for
urea
``
use
as
a
stabilizer
and
inhibitor.''
ii.
Removing
from
the
table
in
paragraph
(
d)
the
entry
for
urea
``
use
as
an
adjuvant/
intensifier
for
herbicides.''
iii.
Removing
from
the
table
in
paragraph
(
e)
the
entry
for
urea
``
use
as
a
stabilizer
and
inhibitor.''

§
180.1117
[
Removed]

3.
Section
180.1117
is
removed.
[
FR
Doc.
02
 
32563
Filed
12
 
24
 
02;
8:
45
a.
m.]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0277;
FRL
 
7284
 
2]

Urea;
Exemption
from
the
Requirement
of
a
Tolerance
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
regulation
establishes
an
exemption
from
the
requirement
of
a
tolerance
for
residues
of
urea
when
used
in
pesticide
formulations.
Ecolab,
Inc.
submitted
a
petition
to
EPA
under
the
Federal
Food,
Drug,
and
Cosmetic
Act,
as
amended
by
the
Food
Quality
Protection
Act
of
1996,
requesting
an
exemption
from
the
requirement
of
a
tolerance.
This
regulation
eliminates
the
need
to
establish
a
maximum
permissible
level
for
residues
of
urea.
This
final
rule
is
being
published
in
today's
Federal
Register
with
a
companion
Direct
Final
Rule
entitled
``
Urea:
Revocation
of
Tolerance
Exemptions''
DATES:
This
regulation
is
effective
December
26,
2002.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2002
 
0277,
must
be
received
on
or
before
February
24,
2003.
ADDRESSES:
Written
objections
and
hearing
requests
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
VIII.
of
the
SUPPLEMENTARY
INFORMATION.
FOR
FURTHER
INFORMATION
CONTACT:
Treva
C.
Alston,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
8373;
e­
mail
address:
alston.
treva@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

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

You
may
be
potentially
affected
by
this
action
if
you
are
an
agricultural
producer,
food
manufacturer,
or
pesticide
manufacturer.
Potentially
affected
categories
and
entities
may
include,
but
are
not
limited
to:
 
Crop
production
(
NAICS
111)
 
Animal
production
(
NAICS
112)
 
Food
manufacturing
(
NAICS
311)
 
Pesticide
manufacturing
(
NAICS
32532)
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
table
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
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
Copies
of
This
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2002
 
0277.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
A
frequently
updated
electronic
version
of
40
CFR
part
180
is
available
at
http://
www.
access.
gpo.
gov/
nara/
cfr/
cfrhtml_
00/
Title_
40/
40cfr180_
00.
html,
a
beta
site
currently
under
development.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
Background
and
Statutory
Findings
In
the
Federal
Register
of
April
7,
2000
(
65
FR
18324)
(
FRL
 
6499
 
7),
EPA
issued
a
notice
pursuant
to
section
408
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
21
U.
S.
C.
346a,
as
amended
by
the
Food
Quality
Protection
Act
(
FQPA)
(
Public
Law
104
 
170),
announcing
the
filing
of
a
pesticide
tolerance
petition
(
PP
9E6028)
by
Ecolab,
Inc.,
370
N.
Wabasha
Street,
St.
Paul,
MN
55102.
This
notice
included
a
summary
of
the
petition
prepared
by
the
petitioner
Ecolab.
There
were
no
comments
received
in
response
to
the
notice
of
filing.
The
petition
requested
that
40
CFR
180.1001
be
amended
by
establishing
an
exemption
from
the
requirement
of
a
tolerance
for
residues
of
urea
in
or
on
raw
agricultural
commodities,
in
processed
commodities,
and
in
or
on
meat
and
meat
by
products
of
cattle,
sheep,
hogs,
goats,
horses,
poultry,
milk,
dairy
products,
eggs,
seafood
and
shellfish,
and
fruits
and
vegetables
when
such
residues
result
from
the
use
of
urea
as
a
component
of
a
food
contact
surface
sanitizing
solution
for
use
in
food
handling
establishments.
Section
408(
b)(
2)(
A)(
i)
of
the
FFDCA
allows
EPA
to
establish
an
exemption
from
the
requirement
for
a
tolerance
(
the
legal
limit
for
a
pesticide
chemical
residue
in
or
on
a
food)
only
if
EPA
determines
that
the
exemption
from
tolerance
is
``
safe.''
Section
408(
b)(
2)(
A)(
ii)
defines
``
safe''
to
mean
that
``
there
is
a
reasonable
certainty
that
no
harm
will
result
from
aggregate
exposure
to
the
pesticide
chemical
residue,
including
all
anticipated
dietary
exposures
and
all
other
exposures
for
which
there
is
reliable
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