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Register
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/
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May
7,
2003
/
Notices
instantaneous
value),
respectively.
Therefore,
there
is
comfortable
certainty
that
no
harm
will
result
from
combined
dietary
food
and
water,
exposure
due
to
the
use
of
cyazofamid
on
cucurbits,
potatoes
and
tomatoes.
2.
Non­
dietary
exposure.
No
petition
for
registration
of
cyazofamid
is
being
made
for
either
indoor
or
outdoor
residential
use.
Non­
occupational
exposure
of
cyazofamid
to
the
general
population
is,
therefore,
not
expected
and
is
not
considered
in
aggregate
exposure
estimates.

D.
Cumulative
Effects
Cyazofamid
is
a
cyanoimidazole
fungicide.
Since
there
are
no
other
members
of
this
class
of
fungicides,
it
is
considered
unlikely
that
cyazofamid
would
have
a
common
mechanism
of
toxicity
with
any
other
pesticide
in
use
at
this
time.

E.
Safety
Determination
1.
U.
S.
population.
Dietary
and
occupational
exposure
will
be
the
major
routes
of
exposure
to
the
U.
S.
population.
Ample
margins
of
safety
have
been
demonstrated
for
both
situations.
For
the
U.
S.
population,
the
chronic
dietary
exposure
to
cyazofamid
is
0.000594
mg/
kg
bwt/
day,
which
utilizes
0.3%
of
the
RfD
for
the
overall
U.
S.
population,
assuming
100%
of
the
crops
are
treated.
The
acute
dietary
exposure
to
the
U.
S.
population
is
0.002793
mg/
kg
bwt/
day
(
95th
percentile)
resulting
in
a
MOE
of
35,789.
Using
only
pesticide
handlers
exposure
data
base
(
PHED)
data
levels
A
and
B
(
those
with
a
high
level
of
confidence),
MOE
for
occupational
exposure
is
5,195
for
mixer/
loaders,
and
5,884
for
aerial
applicators.
Based
on
the
completeness
and
reliability
of
the
toxicity
data
and
the
conservative
exposure
assessments,
there
is
a
reasonable
certainty
that
no
harm
will
result
from
the
aggregate
exposure
of
residues
of
cyazofamid
including
all
anticipated
dietary
exposure
and
all
other
non­
occupational
exposures.
2.
Infants
and
children.
Chronic
dietary
exposure
of
the
most
highly
exposed
subgroup
in
the
population,
children
1
 
6,
is
0.000939
mg/
kg
bwt/
day
or
0.6%
of
the
RfD.
The
acute
dietary
exposure
of
the
most
exposed
subgroup,
children
1
 
3,
is
0.00458
mg/
kg
bwt/
day.
This
correlates
to
an
MOE
of
21,833.
There
are
no
residential
uses
of
cyazofamid.
Based
on
the
completeness
and
reliability
of
the
toxicity
data,
the
lack
of
toxicological
endpoints
of
special
concern,
the
lack
of
any
indication
of
greater
sensitivity
of
children,
and
the
conservative
exposure
assessment;
there
is
a
reasonable
certainty
that
no
harm
will
result
to
infants
and
children
from
the
aggregate
exposure
to
residues
of
cyazofamid
from
all
anticipated
sources
of
dietary
and
non­
occupational
exposure.
Accordingly,
there
is
no
need
to
apply
an
additional
safety
factor
for
infants
and
children.

F.
International
Tolerances
There
are
presently
no
Codex
maximum
residue
limits
established
for
residues
of
cyazofamid
on
any
crop.
[
FR
Doc.
03
 
11198
Filed
5
 
6
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0111;
FRL
 
7305
 
1]

Folpet;
Notice
of
Filing
a
Pesticide
Petition
to
Establish
a
Tolerance
for
a
Certain
Pesticide
Chemical
in
or
on
Food
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
the
initial
filing
of
a
pesticide
petition
proposing
the
establishment
of
regulations
for
residues
of
a
certain
pesticide
chemical
in
or
on
various
food
commodities.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2003
 
0111
must
be
received
on
or
before
June
6,
2003.
ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Sidney
Jackson,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
305
 
7610;
e­
mail
address:
jackson.
sidney@
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.
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.
Potentially
affected
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
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.
EPA
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
ID
number
OPP
 
2003
 
0111.
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/.
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
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May
7,
2003
/
Notices
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
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.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
on
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

C.
How
and
To
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
I.
D.
Do
not
use
EPA
dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
email
address
or
other
contact
information
in
the
body
of
your
comment.
Also,
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,
select
``
search,''
and
then
key
in
docket
ID
number
OPP
 
2003
 
0111.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
opp­
docket@
epa.
gov,
Attention:
Docket
ID
number
OPP
 
2003
 
0111.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
C.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
mail.
Send
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB)
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001,
Attention:
Docket
ID
number
OPP
 
2003
 
0111.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA,
Attention:
Docket
ID
number
OPP
 
2003
 
0111.
Such
deliveries
are
only
accepted
during
the
docket's
normal
hours
of
operation
as
identified
in
Unit
I.
B.
1.

D.
How
Should
I
Submit
CBI
to
the
Agency?

Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
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
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
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.

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07MYN1
24469
Federal
Register
/
Vol.
68,
No.
88
/
Wednesday,
May
7,
2003
/
Notices
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.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
notice.
7.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
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
the
Agency
Taking?

EPA
has
received
a
pesticide
petition
as
follows
proposing
the
establishment
and/
or
amendment
of
regulations
for
residues
of
a
certain
pesticide
chemical
in
or
on
various
food
commodities
under
section
408
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
21
U.
S.
C.
346a.
EPA
has
determined
that
this
petition
contains
data
or
information
regarding
the
elements
set
forth
in
FFDCA
section
408(
d)(
2);
however,
EPA
has
not
fully
evaluated
the
sufficiency
of
the
submitted
data
at
this
time
or
whether
the
data
support
granting
of
the
petition.
Additional
data
may
be
needed
before
EPA
rules
on
the
petition.

List
of
Subjects
Environmental
protection,
Agricultural
commodities,
Feed
additives,
Food
additives,
Pesticides
and
pests,
Reporting
and
recordkeeping
requirements.

Dated:
April
24,
2003.
Debra
Edwards,
Director,
Registration
Division,
Office
of
Pesticide
Programs.

Summary
of
Petition
The
petitioner's
summary
of
the
pesticide
petition
is
printed
below
as
required
by
FFDCA
section
408(
d)(
3).
The
summary
of
the
petition
was
prepared
by
Makhteshim­
Agan
of
North
America,
Inc.,
551
Fifth
Avenue,
Suite
1100,
New
York,
NY
10176,
the
registrant,
and
represents
the
view
of
Makhteshim­
Agan.
The
petition
summary
announces
the
availability
of
a
description
of
the
analytical
methods
available
to
EPA
for
the
detection
and
measurement
of
the
pesticide
chemical
residues
or
an
explanation
of
why
no
such
method
is
needed.

Makhteshim­
Agan
of
North
America,
Inc.

Interregional
Research
Project
Number
4
(
IR­
4)

PP
1E6310
EPA
has
received
a
pesticide
petition
(
PP
1E6310)
from
the
IR­
4
Project,
Center
for
Minor
Crop
Pest
Management,
Rutgers,
The
State
University
of
New
Jersey,
681
U.
S.
Highway
#
1
South,
North
Brunswick,
NJ
08902
 
3390,
proposing
pursuant
to
section
408(
d)
of
the
Federal
Food,
Drug,
and
Cosmetic
Act,
21
U.
S.
C.
346a(
d),
to
amend
40
CFR
180.191
by
establishing
a
tolerance
for
residues
of
folpet
N­
[(
trichloromethyl)
thio]
phthalimide]
in
or
on
the
raw
agricultural
commodity
hops,
dried
cones
at
120
parts
per
million
(
ppm).
EPA
has
determined
that
the
petition
contains
data
or
information
regarding
the
elements
set
forth
in
section
408(
d)(
2)
of
the
FFDCA;
however,
EPA
has
not
fully
evaluated
the
sufficiency
of
the
submitted
data
at
this
time
or
whether
the
data
support
granting
of
the
petition.
Additional
data
may
be
needed
before
EPA
rules
on
the
petition.

A.
Residue
Chemistry
1.
Plant
metabolism.
The
qualitative
nature
of
the
residue
of
folpet
in
plants
is
adequately
understood
based
on
acceptable
avocado,
grape
and
wheat
metabolism
studies.
The
metabolism
of
folpet
in
livestock
is
adequately
understood.
Based
on
the
results
observed
in
the
metabolism
studies
along
with
supplementary
toxicity
data
on
the
degradates,
secondary
residues
such
as
phthalimide
and
phthalic
acid
are
not
expected
to
be
of
toxicological
concern.
The
Agency
has
concluded
that
the
residue
of
concern
is
folpet
per
se.
2.
Analytical
method.
An
adequate
analytical
method,
gas
chromatography/
electron
capture
detector
(
GC/
ECD),
is
available
for
enforcing
tolerances
of
folpet
in
or
on
plant
commodities.
The
method
of
detection
has
a
limit
of
detection
(
LOD)
of
0.01
milligram/
kilogram
(
mg/
kg)
and
a
limit
of
quantitation
(
LOQ)
of
0.02
mg/
kg
in
dried
hops.
3.
Magnitude
of
residues.
A
complete
set
of
residue
data
have
been
submitted
in
support
of
the
petitioned
tolerances.
The
results
included
three
field
trials
from
Idaho,
Oregon,
and
Washington,
and
a
processing
study
that
was
conducted
in
Germany.
After
kiln
drying
the
measured
residues
in
hops,
dried
cones
ranged
from
2.4
to
91.8
ppm.
Folpet
was
not
detectable
in
any
of
the
processed
hop
commodities
(
LOD
for
spent
hops
=
0.01
ppm;
beer
=
0.003
ppm).
The
generated
data
support
the
requested
tolerance.

B.
Toxicological
Profile
In
the
Federal
Register
of
January
9,
2003
(
68
FR
1182),
(
FRL
 
7287
 
7).
EPA
published
the
Notice
of
Filing
proposing
the
establishment
of
a
tolerance
for
residues
of
folpet
on
imported
hops
only,
as
no
U.
S.
registrations
for
hops
exist
at
this
time.
The
publication
summarizes
in
detail
the
current
state
of
knowledge
regarding
the
toxicological
profile
of
folpet
including
aggregate
exposure
assessment
and
determination
of
safety.
Interested
readers
are
referred
to
that
document
for
specific
information
as
follows:
 
Toxicological
profile
(
Unit
II.
B.)
 
Aggregate
exposure
(
Unit
II.
C.)
 
Cumulative
effects
(
Unit
II.
D.)
 
Safety
determination
(
Unit
II.
E.)

C.
International
Germany
has
established
an
MRL
(
maximum
residue
limit)
of
120
ppm
for
residues
of
folpet
in
or
on
dried
hops.
No
Codex
MRL
for
hops
exists.
[
FR
Doc.
03
 
11199
Filed
5
 
6
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0149;
FRL
 
7305
 
8]

Pesticide
Emergency
Exemptions;
Agency
Decisions
and
State
and
Federal
Agency
Crisis
Declarations
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
EPA
has
granted
or
denied
emergency
exemptions
under
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
for
use
of
pesticides
as
listed
in
this
notice.
The
exemptions
or
denials
were
granted
during
the
period
January
1,
2003
to
March
31,
2003
to
control
unforseen
pest
outbreaks.
FOR
FURTHER
INFORMATION
CONTACT:
See
each
emergency
exemption
or
denial
for
the
name
of
a
contact
person.
The
following
information
applies
to
all
contact
persons:
Team
Leader,
Emergency
Response
Team,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,

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