71105
Federal
Register
/
Vol.
67,
No.
230
/
Friday,
November
29,
2002
/
Rules
and
Regulations
agricultural
services;
management
of
health
care
facilities;
mailing,
reproduction,
and
commercial
art;
and
temporary
help
supply
services.
*
*
*
*
*
[
FR
Doc.
02
 
30136
Filed
11
 
27
 
02;
8:
45
am]

BILLING
CODE
3510
 
06
 
P
LIBRARY
OF
CONGRESS
Copyright
Office
37
CFR
Part
253
[
Docket
No.
2002
 
4
CARP
NCBRA]

Cost
of
Living
Adjustment
for
Performance
of
Musical
Compositions
by
Colleges
and
Universities
AGENCY:
Copyright
Office,
Library
of
Congress.
ACTION:
Final
rule.

SUMMARY:
The
Copyright
Office
of
the
Library
of
Congress
announces
a
cost
of
living
adjustment
of
2.0%
in
the
royalty
rates
paid
by
colleges,
universities,
or
other
nonprofit
educational
institutions
that
are
not
affiliated
with
National
Public
Radio
for
the
use
of
copyrighted
published
nondramatic
musical
compositions
in
the
BMI
and
ASCAP
repertories.
The
cost
of
living
adjustment
is
based
on
the
change
in
the
Consumer
Price
Index
from
October,
2001,
to
October,
2002.
EFFECTIVE
DATE:
January
1,
2003.
FOR
FURTHER
INFORMATION
CONTACT:
Tanya
M.
Sandros,
Senior
Attorney,
Copyright
Arbitration
Royalty
Panel,
P.
O.
Box
70977,
Southwest
Station,
Washington,
D.
C.
20024.
Telephone:
(
202)
707
 
8380.
Telefax:
(
202)
252
 
3423.

SUPPLEMENTARY
INFORMATION:
Section
118
of
the
Copyright
Act,
17
U.
S.
C.,
creates
a
compulsory
license
for
the
use
of
published
nondramatic
musical
works
and
published
pictorial,
graphic,
and
sculptural
works
in
connection
with
noncommercial
broadcasting.
Terms
and
rates
for
this
compulsory
license,
applicable
to
parties
who
are
not
subject
to
privately
negotiated
licenses,
are
published
in
37
CFR
part
253
and
are
subject
to
adjustment
at
five­
year
intervals.
17
U.
S.
C.
118(
c).
The
most
recent
proceeding
to
adjust
the
terms
and
rates
for
the
section
118
license
began
in
April
of
this
year.
67
FR
15414
(
April
1,
2002).
On
October
30,
2002,
the
Copyright
Office
announced
proposed
regulations
governing
the
terms
and
rates
of
copyright
royalty
payments
with
respect
to
certain
uses
by
public
broadcasting
entities
of
published
nondramatic
musical
works,
and
published
pictorial,
graphic,
and
sculptural
works,
including
a
provision
to
adjust
§
253.10
which
provides
for
an
annual
cost
of
living
adjustment
of
the
rates
for
the
public
performance
of
musical
compositions
in
the
ASCAP
and
BMI
repertories
by
public
broadcasting
entities
licensed
to
colleges
and
universities
set
forth
in
§
253.5
for
the
new
license
period,
2003
 
2007.
67
FR
66090
(
October
30,
2002).
Under
the
proposed
rules,
the
§
253.5
rate
for
the
public
performance
of
musical
compositions
in
the
SESAC
repertory
will
be
$
80
for
2003,
subject
to
an
annual
cost
of
living
adjustment
in
each
subsequent
year
thereafter
during
the
licensing
period.
Section
253.10(
b)
requires
that
the
Librarian
publish
a
revised
schedule
of
rates
for
the
public
performance
of
musical
compositions
in
the
ASCAP,
BMI,
and
SESAC
repertories
by
public
broadcasting
entities
licensed
to
colleges
and
universities,
reflecting
the
change
in
the
Consumer
Price
Index.
Accordingly,
the
Copyright
Office
of
the
Library
of
Congress
is
hereby
announcing
the
change
in
the
Consumer
Price
Index
and
performing
the
proposed
annual
cost
of
living
adjustment
to
the
rates
set
out
in
§
253.5(
c)
for
the
public
performance
of
musical
compositions
in
the
BMI
and
ASCAP
repertories
in
accordance
with
the
October
30
proposed
regulations.
The
change
in
the
cost
of
living
as
determined
by
the
Consumer
Price
Index
(
all
consumers,
all
items)
during
the
period
from
the
most
recent
Index
published
before
December
1,
2001,
to
the
most
recent
Index
published
before
December
1,
2002,
is
2%
(
2001'
s
figure
was
177.7;
the
figure
for
2001
is
181.3,
based
on
1982
 
1984=
100
as
a
reference
base).
Rounding
off
to
the
nearest
dollar,
the
royalty
rate
for
the
use
of
musical
compositions
in
the
repertory
of
ASCAP
is
$
249
and
the
use
of
the
musical
compositions
in
the
repertory
of
BMI
is
the
same,
$
249.
If
no
comments
are
received
regarding
the
proposed
amendments
to
§
§
253.5
and
253.10
announced
in
the
October
30
Federal
Register
notice
and
the
final
rules
are
published
before
January
1,
2003,
the
cost
of
living
adjustments
announced
in
this
notice
shall
become
effective
on
January
1,
2003.

List
of
Subjects
in
37
CFR
Part
253
Copyright,
Radio,
Television.

Final
Regulation
For
the
reasons
set
forth
in
the
preamble,
part
253
of
title
37
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
253
 
USE
OF
CERTAIN
COPYRIGHTED
WORKS
IN
CONNECTION
WITH
NONCOMMERCIAL
EDUCATIONAL
BROADCASTING
1.
The
authority
citation
for
part
253
continues
to
read
as
follows:

Authority:
17
U.
S.
C.
118,
801(
b)(
1)
and
803.

2.
Section
253.5
is
amended
by
revising
paragraphs
(
c)(
1)
through
(
c)(
2)
as
follows:

§
253.5
Performance
of
musical
compositions
by
public
broadcasting
entities
licensed
to
colleges
and
universities.

*
*
*
*
*
(
c)
*
*
(
1)
For
all
such
compositions
in
the
repertory
of
ASCAP,
$
249
annually.
(
2)
For
all
such
compositions
in
the
repertory
of
BMI,
$
249
annually.
*
*
*
*
*

Dated:
November
21,
2002.
Marybeth
Peters,
Register
of
Copyrights.
[
FR
Doc.
02
 
30145
Filed
11
 
27
 
02;
8:
45
am]

BILLING
CODE
1410
 
33
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0314;
FRL
 
7281
 
2]

Pyriproxyfen;
Pesticide
Tolerance
for
Emergency
Exemption
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
regulation
establishes
a
time­
limited
tolerance
for
residues
of
pyriproxyfen
in
or
on
strawberry.
This
action
is
in
response
to
EPA's
granting
of
an
emergency
exemption
under
section
18
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
authorizing
use
of
the
pesticide
on
strawberry.
This
regulation
establishes
a
maximum
permissible
level
for
residues
of
pyriproxyfen
in
or
on
this
food
commodity.
The
tolerance
will
expire
and
is
revoked
on
December
31,
2004.
DATES:
This
regulation
is
effective
November
29,
2002.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2002
 
0314,
must
be
received
on
or
before
January
28,
2003.
ADDRESSES:
Written
objections
and
hearing
requests
may
be
submitted
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Federal
Register
/
Vol.
67,
No.
230
/
Friday,
November
29,
2002
/
Rules
and
Regulations
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
VII.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Andrea
Conrath,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
9356;
e­
mail
address:
conrath.
andrea@
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
entities
may
include,
but
are
not
limited
to:
 
Crop
producers
(
NAICS
111)
 
Animal
producers
(
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
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
 
0314.
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
EPA,
on
its
own
initiative,
in
accordance
with
sections
408(
e)
and
408
(
l)(
6)
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
21
U.
S.
C.
346a,
is
establishing
a
tolerance
for
residues
of
the
insecticide
pyriproxyfen,
2­[
1­
methyl­
2­(
4­
phenoxyphenoxy)
ethoxypyridine],
in
or
on
strawberry
at
0.30
part
per
million
(
ppm).
This
tolerance
will
expire
and
is
revoked
on
December
31,
2004.
EPA
will
publish
a
document
in
the
Federal
Register
to
remove
the
revoked
tolerance
from
the
Code
of
Federal
Regulations.
Section
408(
l)(
6)
of
FFDCA
requires
EPA
to
establish
a
time­
limited
tolerance
or
exemption
from
the
requirement
for
a
tolerance
for
pesticide
chemical
residues
in
food
that
will
result
from
the
use
of
a
pesticide
under
an
emergency
exemption
granted
by
EPA
under
section
18
of
FIFRA.
Such
tolerances
can
be
established
without
providing
notice
or
period
for
public
comment.
EPA
does
not
intend
for
its
actions
on
section
18­
related
tolerances
to
set
binding
precedents
for
the
application
of
section
408
of
FFDCA
and
the
new
safety
standard
to
other
tolerances
and
exemptions.
Section
408(
e)
of
FFDCA
allows
EPA
to
establish
a
tolerance
or
an
exemption
from
the
requirement
of
a
tolerance
on
its
own
initiative,
i.
e.,
without
having
received
any
petition
from
an
outside
party.
Section
408(
b)(
2)(
A)(
i)
of
FFDCA
allows
EPA
to
establish
a
tolerance
(
the
legal
limit
for
a
pesticide
chemical
residue
in
or
on
a
food)
only
if
EPA
determines
that
the
tolerance
is
``
safe.''
Section
408(
b)(
2)(
A)(
ii)
of
FFDCA
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
information.''
This
includes
exposure
through
drinking
water
and
in
residential
settings,
but
does
not
include
occupational
exposure.
Section
408(
b)(
2)(
C)
of
FFDCA
requires
EPA
to
give
special
consideration
to
exposure
of
infants
and
children
to
the
pesticide
chemical
residue
in
establishing
a
tolerance
and
to
``
ensure
that
there
is
a
reasonable
certainty
that
no
harm
will
result
to
infants
and
children
from
aggregate
exposure
to
the
pesticide
chemical
residue.
.
.
.''
Section
18
of
FIFRA
authorizes
EPA
to
exempt
any
Federal
or
State
agency
from
any
provision
of
FIFRA,
if
EPA
determines
that
``
emergency
conditions
exist
which
require
such
exemption.''
This
provision
was
not
amended
by
the
Food
Quality
Protection
Act
(
FQPA)
of
1996.
EPA
has
established
regulations
governing
such
emergency
exemptions
in
40
CFR
part
166.

III.
Emergency
Exemption
for
Pyriproxyfen
on
Strawberry
and
FFDCA
Tolerances
The
California
Department
of
Pesticide
Regulation
has
indicated
that
populations
of
the
silverleaf
whitefly
in
the
State
are
at
levels
which
could
result
in
significant
damage
to
the
State's
strawberry
crop.
This
pest
is
relatively
newly­
introduced
into
the
U.
S.,
and
the
registered
alternatives
have
not
provided
adequate
control
thus
far.
Without
adequate
control,
this
pest
was
expected
to
result
in
significant
crop
damage
and
yield
losses
for
strawberry
growers,
leading
to
significant
economic
losses.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
pyriproxyfen
on
strawberry
for
control
of
the
silverleaf
whitefly
in
California.
After
having
reviewed
the
submission,
EPA
concurs
that
emergency
conditions
exist
for
this
State.
As
part
of
its
assessment
of
this
emergency
exemption,
EPA
assessed
the
potential
risks
presented
by
residues
of
pyriproxyfen
in
or
on
strawberry.
In
doing
so,
EPA
considered
the
safety
standard
in
section
408(
b)(
2)
of
FFDCA,
and
EPA
decided
that
the
necessary
tolerance
under
section
408(
l)(
6)
of
FFDCA
would
be
consistent
with
the
safety
standard
and
with
FIFRA
section
18.
Consistent
with
the
need
to
move
quickly
on
the
emergency
exemption
in
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/
Vol.
67,
No.
230
/
Friday,
November
29,
2002
/
Rules
and
Regulations
order
to
address
an
urgent
non­
routine
situation
and
to
ensure
that
the
resulting
food
is
safe
and
lawful,
EPA
is
issuing
this
tolerance
without
notice
and
opportunity
for
public
comment
as
provided
in
section
408(
l)(
6)
of
FFDCA.
Although
this
tolerance
will
expire
and
is
revoked
on
December
31,
2004,
under
section
408(
l)(
5)
of
FFDCA,
residues
of
the
pesticide
not
in
excess
of
the
amounts
specified
in
the
tolerance
remaining
in
or
on
strawberry
after
that
date
will
not
be
unlawful,
provided
the
pesticide
is
applied
in
a
manner
that
was
lawful
under
FIFRA,
and
the
residues
do
not
exceed
a
level
that
was
authorized
by
this
tolerance
at
the
time
of
that
application.
EPA
will
take
action
to
revoke
this
tolerance
earlier
if
any
experience
with,
scientific
data
on,
or
other
relevant
information
on
this
pesticide
indicate
that
the
residues
are
not
safe.
Because
this
tolerance
is
being
approved
under
emergency
conditions,
EPA
has
not
made
any
decisions
about
whether
pyriproxyfen
meets
EPA's
registration
requirements
for
use
on
strawberry
or
whether
a
permanent
tolerance
for
this
use
would
be
appropriate.
Under
these
circumstances,
EPA
does
not
believe
that
this
tolerance
serves
as
a
basis
for
registration
of
pyriproxyfen
by
a
State
for
special
local
needs
under
FIFRA
section
24(
c).
Nor
does
this
tolerance
serve
as
the
basis
for
any
State
other
than
California
to
use
this
pesticide
on
this
crop
under
section
18
of
FIFRA
without
following
all
provisions
of
EPA's
regulations
implementing
FIFRA
section
18
as
identified
in
40
CFR
part
166.
For
additional
information
regarding
the
emergency
exemption
for
pyriproxyfen,
contact
the
Agency's
Registration
Division
at
the
address
provided
under
FOR
FURTHER
INFORMATION
CONTACT.

IV.
Aggregate
Risk
Assessment
and
Determination
of
Safety
EPA
performs
a
number
of
analyses
to
determine
the
risks
from
aggregate
exposure
to
pesticide
residues.
For
further
discussion
of
the
regulatory
requirements
of
section
408
of
the
FFDCA
and
a
complete
description
of
the
risk
assessment
process,
see
the
final
rule
on
Bifenthrin
Pesticide
Tolerances
November
26,
1997
(
62
FR
62961)
(
FRL
 
5754
 
7).
Consistent
with
section
408(
b)(
2)(
D)
of
FFDCA,
EPA
has
reviewed
the
available
scientific
data
and
other
relevant
information
in
support
of
this
action.
EPA
has
sufficient
data
to
assess
the
hazards
of
pyriproxyfen
and
to
make
a
determination
on
aggregate
exposure,
consistent
with
section
408(
b)(
2)
of
FFDCA,
for
a
time­
limited
tolerance
for
residues
of
pyriproxyfen
in
or
on
strawberry
at
0.30
ppm.
EPA's
assessment
of
the
dietary
exposures
and
risks
associated
with
establishing
the
tolerance
follows.

A.
Toxicological
Endpoints
EPA
has
evaluated
the
available
toxicity
data
and
considered
its
validity,
completeness,
and
reliability
as
well
as
the
relationship
of
the
results
of
the
studies
to
human
risk.
EPA
has
also
considered
available
information
concerning
the
variability
of
the
sensitivities
of
major
identifiable
subgroups
of
consumers,
including
infants
and
children.
The
nature
of
the
toxic
effects
caused
by
pyriproxyfen,
a
summary
of
the
toxicological
dose
and
endpoints
for
pyriproxyfen
for
use
in
this
human
risk
assessment,
and
the
most
recent
estimated
aggregate
risks
resulting
from
registered
uses
are
discussed
in
the
Federal
Register
for
August
28,
2002
(
67
FR
55150)
(
FRL
 
7195
 
7)
Final
Rule
establishing
tolerances
for
residues
of
pyriproxyfen
in/
on
acerola,
bushberry
subgroup,
feijoa,
guava,
jaboticaba,
juneberry,
lingonberry,
longan,
lychee,
passionfruit,
pulasan,
rambutan,
salal,
Spanish
lime,
starfruit,
stone
fruit
group,
and
wax
jambu.
Refer
to
the
August
28,
2002
Federal
Register
document
for
a
detailed
discussion
of
the
aggregate
risk
assessments
and
determination
of
safety.
EPA
relies
upon
that
risk
assessment
and
the
findings
made
in
the
Federal
Register
document
in
support
of
this
action.
Below
is
a
brief
summary
of
the
aggregate
risk
assessment,
including
this
use
on
strawberry.
B.
Exposure
Assessment
EPA
assessed
risk
scenarios
for
pyriproxyfen
under
chronic
and
intermediate
and
short­
term
(
residential)
scenarios.
Because
there
were
no
acute
endpoints
identified,
an
acute
risk
assessment
was
not
conducted.
Nor
was
a
cancer
aggregate
risk
assessment
conducted,
because
pyriproxyfen
is
classified
as
``
not
likely''
to
be
a
human
carcinogen.
The
Dietary
Exposure
Evaluation
Model
(
DEEMTM)
analysis
evaluated
the
individual
food
consumption
as
reported
by
respondents
in
the
Department
of
Agricultural
(
USDA)
1989
 
1992
nationwide
Continuing
Surveys
of
Food
Intake
by
Individuals
(
CSFII)
and
accumulated
exposure
to
the
chemical
for
each
commodity.
The
following
assumptions
were
made
for
the
chronic
exposure
assessments:
Published
and
proposed
tolerance
level
residues
and
100%
crop
treated
were
assumed
for
all
commodities,
and
the
default
processing
factors
were
applied.
Using
these
exposure
assumptions,
EPA
concluded
that
pyriproxyfen
chronic
exposures
from
food
consumption
are
below
levels
of
concern
(<
100%
of
the
chronic
Population
Adjusted
Dose
(
cPAD))
for
the
general
U.
S.
population
and
all
population
subgroups.
The
cPAD
utilized
for
the
most
highly
exposed
subgroup
(
children
1
 
6
years
old)
is
2.7%.
Chronic
risk
from
dietary
exposure
for
infants
(<
1
year
old)
and
children
(
7
 
12
years
old)
utilizes
2.0%
and
1.6%
of
the
cPAD,
respectively.
Chronic
dietary
risk
for
the
general
U.
S.
population
is
1.0%
of
the
cPAD,
and
the
estimated
chronic
risk
for
all
other
population
subgroups
is
below
this
level.
In
addition,
despite
the
potential
for
chronic
dietary
exposure
to
pyriproxyfen
in
drinking
water,
after
calculating
drinking
water
levels
of
concern
(
DWLOCs)
and
comparing
them
to
conservative
model
EECs
of
pyriproxyfen
in
surface
and
ground
waters,
EPA
does
not
expect
the
aggregate
exposure
to
exceed
100%
of
the
cPAD,
as
shown
in
the
following
table:

TABLE
1.
 
AGGREGATE
RISK
ASSESSMENT
FOR
CHRONIC
EXPOSURE
TO
PYRIPROXYFEN
Population
Subgroup
cPAD
(
mg/
kg)
%
cPAD
(
Food)
Surface
Water
EEC
(
ppb)
Ground
Water
EEC
(
ppb)
Chronic
DWLOC
(
ppb)

General
U.
S.
population
0.35
1.0
0.4
0.006
12,000
Children
(
1
 
6
years
old)
0.35
2.7
0.4
0.006
3,100
Children
(
7
 
12
years
old)
0.35
1.6
0.4
0.006
3,200
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Regulations
TABLE
1.
 
AGGREGATE
RISK
ASSESSMENT
FOR
CHRONIC
EXPOSURE
TO
PYRIPROXYFEN
 
Continued
Population
Subgroup
cPAD
(
mg/
kg)
%
cPAD
(
Food)
Surface
Water
EEC
(
ppb)
Ground
Water
EEC
(
ppb)
Chronic
DWLOC
(
ppb)

Infants
(<
1
year
old)
0.35
2.0
0.4
0.006
3,200
Short­
term
and
intermediate­
term
aggregate
exposure
takes
into
account
residential
exposure
plus
chronic
exposure
to
food
and
water
(
considered
to
be
a
background
exposure
level).
The
term
``
residential
exposure''
is
used
in
this
document
to
refer
to
nonoccupational
non­
dietary
exposure
(
e.
g.,
for
lawn
and
garden
pest
control,
indoor
pest
control,
termiticides,
flea
and
tick
control
on
pets).
Pyriproxyfen
is
currently
registered
for
various
residential
non­
dietary
sites,
and
is
used
for
flea
and
tick
control
(
home
environment
and
pet
treatments)
as
well
as
products
for
ant
and
roach
control.
Pet
owners
could
potentially
be
exposed
to
pyriproxyfen
during
applications
to
pets;
however,
since
no
short­
term
dermal
or
inhalation
endpoints
were
identified,
only
a
postapplication
residential
assessment
was
conducted.
Both
adults
and
toddlers
could
potentially
be
exposed
to
pyriproxyfen
residues
on
treated
carpets,
floors,
upholstery,
and
pets,
but
it
is
anticipated
that
toddlers
will
have
higher
exposures
than
adults
due
to
behavior
patterns.
Therefore,
the
residential
risk
assessment
addressed
post­
application
exposures
of
toddlers,
which
is
considered
to
be
a
worst­
case
scenario.
Short­
term,
intermediate­
term,
and
long­
term
toddler
hand­
to­
mouth
exposures
(
consisting
of
petting
treated
animals
and
touching
treated
carpets/
flooring)
were
assessed;
long­
term
dermal
exposures
were
also
assessed
for
products
with
anticipated
efficacy
of
more
than
6
months
(
carpet
powders
and
pet
collars).
Toddler
exposures
to
combined
treatment
scenarios,
where
a
pet
owner
treats
the
home
environment
and
the
pet
in
the
same
period
were
also
assessed.
The
Agency
has
determined
that
it
is
appropriate
to
aggregate
chronic
food
and
water
and
short­
term
and
intermediate­
term
exposures
for
pyriproxyfen.
Using
the
exposure
assumptions
described
above
for
shortterm
and
intermediate­
term
exposures,
EPA
has
concluded
that
food
and
residential
exposures
aggregated
result
in
aggregate
MOEs
as
shown
in
the
following
table:

TABLE
2.
 
AGGREGATE
RISK
ASSESSMENT
FOR
SHORT­
TERM
AND
INTERMEDIATE­
TERM
EXPOSURE
TO
PYRIPROXYFEN
Population
Subgroup
Target
MOE
Short­
Term
Aggregate
MOE
(
Food
+
Residential)
Intermediate­
Term
Aggregate
MOE
(
Food
+
Residential
Surface,
Ground
Water
EECs
(
ppb)
Short­
Term
DWLOCs
(
ppb)
Intermidate­
Term
DWLOCs
(
ppb)

U.
S.
population
100
29,000
10,000
0.4,
0.006
35,000
12,000
Infants
(<
1
year
old)
100
1,800
650
0.4,
0.006
9,400
3,000
Children
(
1
 
6
years)
100
1,700
620
0.4,
0.006
9,400
2,900
Children
(
7
 
12
years)
100
1,900
670
0.4,
0.006
9,500
3,000
These
aggregate
MOEs
do
not
exceed
the
Agency's
level
of
concern
for
aggregate
exposure
to
food
and
residential
uses.
For
surface
and
ground
water,
the
EECs
for
pyriproxyfen
are
significantly
less
than
the
DWLOCs
as
a
contribution
to
intermediate­
term
and
short­
term
aggregate
exposure.
Therefore,
EPA
concludes
with
reasonable
certainty
that
residues
of
pyriproxyfen
in
drinking
water
do
not
contribute
significantly
to
the
intermediate­
term
or
short­
term
aggregate
human
health
risk
at
the
present
time.
Pyriproxyfen
is
classified
as
not
likely
to
be
a
human
carcinogen,
so
the
Agency
did
not
conduct
a
cancer
aggregate
risk
assessment.
Based
upon
these
risk
assessments,
EPA
concludes
that
there
is
a
reasonable
certainty
that
no
harm
will
result
to
the
general
population,
and
to
infants
and
children,
from
aggregate
exposure
to
pyriproxyfen
residues.

V.
Other
Considerations
A.
Analytical
Enforcement
Methodology
Adequate
enforcement
methodology
(
gas
liquid
chromatography
with
nitrogen­
phosphorus
(
GLC/
NP)
detector)
is
available
to
enforce
the
tolerance
expression.
The
method
may
be
requested
from:
Chief,
Analytical
Chemistry
Branch,
Environmental
Science
Center,
701
Mapes
Rd.,
Ft.
Meade,
MD
20755
 
5350;
telephone
number:
(
410)
305
 
2905;
e­
mail
address:
residuemethods@
epa.
gov.

B.
International
Residue
Limits
There
are
no
Codex,
Canadian,
or
Mexican
maximum
residue
limits
for
residues
of
pyriproxyfen
in/
on
strawberry,
so
international
harmonization
is
not
an
issue.
C.
Conditions
A
maximum
of
two
applications
may
be
made,
at
a
maximum
rate
of
30
grams
active
ingredient
(
a.
i.),
using
ground
application
equipment
only.
No
more
than
60
grams
a.
i.
may
be
applied
per
acre
per
season.

VI.
Conclusion
Therefore,
the
tolerance
is
established
for
residues
of
pyriproxyfen,
2­[
1­
methyl­
2­(
4­
phenoxyphenoxy)
ethoxypyridine],
in
or
on
strawberry
at
0.30
ppm.

VII.
Objections
and
Hearing
Requests
Under
section
408(
g)
of
FFDCA,
as
amended
by
FQPA,
any
person
may
file
an
objection
to
any
aspect
of
this
regulation
and
may
also
request
a
hearing
on
those
objections.
The
EPA
procedural
regulations
which
govern
the
submission
of
objections
and
requests
for
hearings
appear
in
40
CFR
part
178.

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Regulations
Although
the
procedures
in
those
regulations
require
some
modification
to
reflect
the
amendments
made
to
FFDCA
by
FQPA,
EPA
will
continue
to
use
those
procedures,
with
appropriate
adjustments,
until
the
necessary
modifications
can
be
made.
The
new
section
408(
g)
of
FFDCA
provides
essentially
the
same
process
for
persons
to
``
object''
to
a
regulation
for
an
exemption
from
the
requirement
of
a
tolerance
issued
by
EPA
under
new
section
408(
d)
of
the
FFDCA,
as
was
provided
in
the
old
sections
408
and
409
of
the
FFDCA.
However,
the
period
for
filing
objections
is
now
60
days,
rather
than
30
days.

A.
What
Do
I
Need
to
Do
to
File
an
Objection
or
Request
a
Hearing?
You
must
file
your
objection
or
request
a
hearing
on
this
regulation
in
accordance
with
the
instructions
provided
in
this
unit
and
in
40
CFR
part
178.
To
ensure
proper
receipt
by
EPA,
you
must
identify
docket
ID
number
OPP
 
2002
 
0314
in
the
subject
line
on
the
first
page
of
your
submission.
All
requests
must
be
in
writing,
and
must
be
mailed
or
delivered
to
the
Hearing
Clerk
on
or
before
January
28,
2003.
1.
Filing
the
request.
Your
objection
must
specify
the
specific
provisions
in
the
regulation
that
you
object
to,
and
the
grounds
for
the
objections
(
40
CFR
178.25).
If
a
hearing
is
requested,
the
objections
must
include
a
statement
of
the
factual
issues(
s)
on
which
a
hearing
is
requested,
the
requestor's
contentions
on
such
issues,
and
a
summary
of
any
evidence
relied
upon
by
the
objector
(
40
CFR
178.27).
Information
submitted
in
connection
with
an
objection
or
hearing
request
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
information
that
does
not
contain
CBI
must
be
submitted
for
inclusion
in
the
public
record.
Information
not
marked
confidential
may
be
disclosed
publicly
by
EPA
without
prior
notice.
Mail
your
written
request
to:
Office
of
the
Hearing
Clerk
(
1900C),
Environmental
Protection
Agency
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
You
may
also
deliver
your
request
to
the
Office
of
the
Hearing
Clerk
in
Rm.
104,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
The
Office
of
the
Hearing
Clerk
is
open
from
8
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Office
of
the
Hearing
Clerk
is
(
703)
603
 
0061.
2.
Tolerance
fee
payment.
If
you
file
an
objection
or
request
a
hearing,
you
must
also
pay
the
fee
prescribed
by
40
CFR
180.33(
i)
or
request
a
waiver
of
that
fee
pursuant
to
40
CFR
180.33(
m).
You
must
mail
the
fee
to:
EPA
Headquarters
Accounting
Operations
Branch,
Office
of
Pesticide
Programs,
P.
O.
Box
360277M,
Pittsburgh,
PA
15251.
Please
identify
the
fee
submission
by
labeling
it
``
Tolerance
Petition
Fees.''
EPA
is
authorized
to
waive
any
fee
requirement
``
when
in
the
judgement
of
the
Administrator
such
a
waiver
or
refund
is
equitable
and
not
contrary
to
the
purpose
of
this
subsection.''
For
additional
information
regarding
the
waiver
of
these
fees,
you
may
contact
James
Tompkins
by
phone
at
(
703)
305
 
5697,
by
e­
mail
at
tompkins.
jim@
epa.
gov,
or
by
mailing
a
request
for
information
to
Mr.
Tompkins
at
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
If
you
would
like
to
request
a
waiver
of
the
tolerance
objection
fees,
you
must
mail
your
request
for
such
a
waiver
to:
James
Hollins,
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
3.
Copies
for
the
Docket.
In
addition
to
filing
an
objection
or
hearing
request
with
the
Hearing
Clerk
as
described
in
Unit
VII.
A.,
you
should
also
send
a
copy
of
your
request
to
the
PIRIB
for
its
inclusion
in
the
official
record
that
is
described
in
Unit
I.
B.
1.
Mail
your
copies,
identified
by
the
docket
ID
number
OPP
 
2002
 
0314,
to:
Public
Information
and
Records
Integrity
Branch,
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
In
person
or
by
courier,
bring
a
copy
to
the
location
of
the
PIRIB
described
in
Unit
I.
B.
1.
You
may
also
send
an
electronic
copy
of
your
request
via
e­
mail
to:
opp­
docket@
epa.
gov.
Please
use
an
ASCII
file
format
and
avoid
the
use
of
special
characters
and
any
form
of
encryption.
Copies
of
electronic
objections
and
hearing
requests
will
also
be
accepted
on
disks
in
WordPerfect
6.1/
8.0
or
ASCII
file
format.
Do
not
include
any
CBI
in
your
electronic
copy.
You
may
also
submit
an
electronic
copy
of
your
request
at
many
Federal
Depository
Libraries.

B.
When
Will
the
Agency
Grant
a
Request
for
a
Hearing?
A
request
for
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).

VIII.
Regulatory
Assessment
Requirements
This
final
rule
establishes
a
timelimited
tolerance
under
section
408
of
the
FFDCA.
The
Office
of
Management
and
Budget
(
OMB)
has
exempted
these
types
of
actions
from
review
under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).
Because
this
rule
has
been
exempted
from
review
under
Executive
Order
12866
due
to
its
lack
of
significance,
this
rule
is
not
subject
to
Executive
Order
13211,
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
(
66
FR
28355,
May
22,
2001).
This
final
rule
does
not
contain
any
information
collections
subject
to
OMB
approval
under
the
Paperwork
Reduction
Act
(
PRA),
44
U.
S.
C.
3501
et
seq.,
or
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
any
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
OMB
review
or
any
Agency
action
under
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,
1997).
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).
Since
tolerances
and
exemptions
that
are
established
on
the
basis
of
a
FIFRA
section
18
exemption
under
section
408
of
the
FFDCA,
such
as
the
tolerance
in
this
final
rule,
do
not
require
the
issuance
of
a
proposed
rule,
the
requirements
of
the
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.)
do
not
apply.
In
addition,
the
Agency
has
determined
that
this
action
will
not
have
a
substantial
direct
effect
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Register
/
Vol.
67,
No.
230
/
Friday,
November
29,
2002
/
Rules
and
Regulations
on
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132,
entitled
Federalism
(
64
FR
43255,
August
10,
1999).
Executive
Order
13132
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
This
final
rule
directly
regulates
growers,
food
processors,
food
handlers,
and
food
retailers,
not
States.
This
action
does
not
alter
the
relationships
or
distribution
of
power
and
responsibilities
established
by
Congress
in
the
preemption
provisions
of
section
408(
n)(
4)
of
the
FFDCA.
For
these
same
reasons,
the
Agency
has
determined
that
this
rule
does
not
have
any
``
tribal
implications''
as
described
in
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
6,
2000).
Executive
Order
13175,
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes.''
This
rule
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

IX.
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
to
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
this
final
rule
in
the
Federal
Register.
This
final
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:
November
8,
2002.
Debra
Edwards,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs.

Therefore,
40
CFR
chapter
I
is
amended
as
follows:

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
371.
2.
Section
180.510
is
amended
by
alphabetically
adding
``
strawberry''
to
the
table
in
paragraph
(
b)
to
read
as
follows:

§
180.510
Pyriproxyfen;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

Commodity
Parts
per
million
Expiration/
revocation
date
*
*
*
*
*
Strawberry
................................................
0.30
12/
31/
04
*
*
*
*
*
[
FR
Doc.
02
 
30260
Filed
11
 
27
 
02;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
FEDERAL
COMMUNICATIONS
COMMISSION
47
CFR
Parts
1,
2,
27,
87,
90
and
95
[
WT
Docket
No.
02
 
08;
FCC
02
 
152]

License
Services
in
the
216
 
220
MHz,
1390
 
1395
MHz,
1427
 
1429
MHz,
1429
 
1432
MHz,
1432
 
1435
MHz,
1670
 
1675
MHz,
and
2385
 
2390
MHz
Government
Transfer
Bands
AGENCY:
Federal
Communications
Commission.
ACTION:
Final
rule;
correction.

SUMMARY:
The
Federal
Communications
Commission
published
a
document
in
the
Federal
Register
on
June
20,
2002,
(
67
FR
41847),
revising
the
Quiet
Zone
procedures
for
operation
near
GOES
stations.
The
publication
incorrectly
indicated
that
the
GOES
procedures
were
contained
in
§
1.924(
f)
and,
therefore,
inadvertently
removed
the
Quiet
Zone
procedures
for
operation
in
the
420
 
450
MHz
band.
This
document
corrects
the
Quiet
Zone
procedures
by
re­
inserting
the
procedures
for
operation
in
420
 
450
MHz
band
into
§
1.924(
f)
and
lists
the
updated
procedures
for
operation
near
GOES
stations
into
§
1.924(
g).
DATES:
Effective
November
29,
2002.
FOR
FURTHER
INFORMATION
CONTACT:
Keith
Fickner
regarding
legal
matters,
and/
or
Brian
Marenco
or
Tim
Maguire
regarding
engineering
matters
via
phone
at
(
202)
418
 
0680,
via
TTY
(
202)
418
 
7233,
or
via
e­
mail
at
kfickner@
fcc.
gov,
bmarenco@
fcc.
gov
or
tmaguire@
fcc.
gov,
respectively,
Wireless
Telecommunications
Bureau,
Federal
Communications
Commission,
Washington,
DC
20554.

SUPPLEMENTARY
INFORMATION:
In
the
FR
Doc.
02
 
15373
published
in
the
Federal
Register
on
June
20,
2002,
(
67
FR
41847)
the
Commission
updated
the
Quiet
Zone
procedures
for
operation
near
GOES
stations.
The
document
incorrectly
indicated
that
the
GOES
procedures
were
contained
in
§
1.924(
f).
The
GOES
procedures
are
supposed
to
be
listed
in
§
1.924(
g).
The
Quiet
Zone
procedures
listed
in
§
1.924(
f)
are
intended
for
operation
in
the
420
 
450
MHz
band.
Therefore,
the
Federal
Register
publication
inadvertently
deleted
the
Quiet
Zone
procedures
for
operation
in
the
420
 
450
MHz
band.
The
Quiet
Zone
procedures
for
operations
near
GOES
stations
are
intended
to
apply
only
to
operation
in
the
1670
 
1675
MHz
band.
Therefore,
the
Quiet
Zone
procedures
for
operation
in
the
420
 
450
MHz
band
should
be
re­
inserted
into
§
1.924(
f)
and
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