[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Rules and Regulations]
[Pages 81890-81892]
[FR Doc No: 2010-32700]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are
finalized for the communities listed below. These modified BFEs will be
used to calculate flood insurance premium rates for new buildings and
their contents.

DATES: The effective dates for these modified BFEs are indicated on the
following table and revise the Flood Insurance Rate Maps (FIRMs) in
effect for the listed communities prior to this date.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below of the modified BFEs
for each community listed. These modified BFEs have been published in
newspapers of local circulation and ninety (90) days have elapsed since
that publication. The Deputy Federal Insurance and Mitigation
Administrator has resolved any appeals resulting from this
notification.
    The modified BFEs are not listed for each community in this notice.
However, this final rule includes the address of the Chief Executive
Officer of the community where the modified BFE determinations are
available for inspection.
    The modified BFEs are made pursuant to section 206 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities.
    These modified BFEs are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after these
elevations are made final, and for the contents in those buildings. The
changes in BFEs are in accordance with 44 CFR 65.4.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility

Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not
required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Shelby (FEMA Docket No.: B-     Town of Calera (09-04- March 24, 2010;       The Honorable George W.    July 29, 2010..................       010373
     1123).                          0261P).                March 31, 2010;       Roy, Mayor, Town of
                                                            Shelby County         Calera, P.O. Box 177,
                                                            Reporter.             Calera, AL 35040.
    Shelby (FEMA Docket No.: B-     Unincorporated areas   March 24, 2010;       The Honorable Lindsey      July 29, 2010..................       010191
     1123).                          of Shelby County (09-  March 31, 2010;       Allison, Chairperson,
                                     04-0261P).             Shelby County         Shelby County
                                                            Reporter.             Commission, P.O. Box
                                                                                467, Columbiana, AL
                                                                                35051.
Arizona:
    Maricopa (FEMA Docket No.: B-   City of Glendale (09-  March 18, 2010;       The Honorable Elaine M.    July 23, 2010..................       040045
     1123).                          09-2335P).             March 25, 2010;       Scruggs, Mayor, City of
                                                            Arizona Business      Glendale, 5850 West
                                                            Gazette.              Glendale Avenue,
                                                                                Glendale, AZ 85301.
    Maricopa (FEMA Docket No.: B-   Unincorporated areas   March 18, 2010;       The Honorable Don          July 23, 2010..................       040037
     1123).                          of Maricopa County     March 25, 2010;       Stapley, Chairman,
                                     (09-09-2335P).         Arizona Business      Maricopa County Board of
                                                            Gazette.              Supervisors, 301 West
                                                                                Jefferson Street, 10th
                                                                                Floor, Phoenix, AZ
                                                                                85003.
California: Riverside (FEMA Docket  City of Perris (10-09- March 31, 2010;       The Honorable Daryl R.     July 29, 2010..................       060258
 No.: B-1123).                       0106P).                April 7, 2010; The    Busch, Mayor, City of
                                                            Perris Progress.      Perris, 101 North D
                                                                                Street, Perris, CA
                                                                                92570.
Florida:
    Duvall (FEMA Docket No.: B-     City of Jacksonville   March 5, 2010; March  The Honorable John         July 9, 2010...................       120077
     1118).                          (10-04-1198P).         12, 2010;             Peyton, Mayor, City of
                                                            Jacksonville Daily    Jacksonville, 117 West
                                                            Record.               Duval Street,
                                                                                Jacksonville, FL 32202.
    Volusia (FEMA Docket No.: B-    City of Deltona (09-   March 22, 2010;       The Honorable Dennis       July 27, 2010..................       120677
     1123).                          04-1747P).             March 29, 2010; The   Mulder, Mayor, City of
                                                            Beacon.               Deltona, 2345 Providence
                                                                                Boulevard, Deltona, FL
                                                                                32725.
Georgia:
    Catoosa (FEMA Docket No.: B-    City of Ringgold (09-  March 24, 2010;       The Honorable Joe Barger,  July 29, 2010..................       130029
     1123).                          04-6882P).             March 31, 2010; The   Mayor, City of Ringgold,
                                                            Catoosa County News.  150 Tennessee Street,
                                                                                Ringgold, GA 30736.
    Catoosa (FEMA Docket No.: B-    Unincorporated areas   March 24, 2010;       The Honorable Keith        July 29, 2010..................       130028
     1123).                          of Catoosa County      March 31, 2010; The   Greene, Chairman,
                                     (09-04-6882P).         Catoosa County News.  Catoosa County Board of
                                                                                Commissioners, 800
                                                                                Lafayette Street,
                                                                                Ringgold, GA 30736.
    Columbia (FEMA Docket No.: B-   Unincorporated areas   March 14, 2010;       The Honorable Ron C.       July 19, 2010..................       130059
     1123).                          of Columbia County     March 21, 2010; The   Cross, Chairman,
                                     (09-04-4792P).         Columbia County       Columbia County Board of
                                                            News-Times.           Commissioners, P.O. Box
                                                                                498, Evans, GA 30809.
Mississippi:
    DeSoto (FEMA Docket No.: B-     Unincorporated areas   August 11, 2009;      The Honorable Tommy        December 16, 2009..............       280050
     1079).                          of DeSoto County,      August 18, 2009;      Lewis, President, DeSoto
                                     (09-04-2542P).         DeSoto Times-         County Board of
                                                            Tribune.              Supervisors, 365 Losher
                                                                                Street, Suite 310,
                                                                                Hernando, MS 38632.
    DeSoto (FEMA Docket No.: B-     City of Olive Branch   August 11, 2009;      The Honorable Samuel P.    December 16, 2009..............       280286
     1079).                          (09-04-2542P).         August 18, 2009;      Rikard, Mayor, City of
                                                            DeSoto Times-         Olive Branch, 9200
                                                            Tribune.              Pigeon Roost Road, Olive
                                                                                Branch, MS 38654.
    Rankin (FEMA Docket No.: B-     City of Brandon (09-   March 31, 2010;       The Honorable Tim          March 25, 2010.................       280143
     1123).                          04-6879P).             April 7, 2010;        Coulter, Mayor, City of
                                                            Rankin County News.   Brandon, P.O. Box 1539,
                                                                                Brandon, MS 39043.
    Rankin (FEMA Docket No.: B-     Unincorporated areas   March 31, 2010;       The Honorable Jay Bishop,  March 25, 2010.................       280142
     1123).                          of Rankin County (09-  April 7, 2010;        Chair, Rankin County
                                     04-6879P).             Rankin County News.   Board of Supervisors,
                                                                                211 East Government
                                                                                Street, Suite A,
                                                                                Brandon, MS 39042.
Ohio:
    Franklin (FEMA Docket No.: B-   City of Columbus (09-  March 12, 2010;       The Honorable Michael B.   July 19, 2010..................       390170
     1123).                          05-4021P).             March 19, 2010; The   Coleman, Mayor, City of
                                                            Columbus Dispatch.    Columbus, 90 West Broad
                                                                                Street, Columbus, OH
                                                                                43215.
    Franklin (FEMA Docket No.: B-   City of Whitehall (09- March 12, 2010;       The Honorable John A.      July 19, 2010..................       390180
     1123).                          05-4021P).             March 19, 2010; The   Wolfe, Mayor, City of
                                                            Columbus Dispatch.    Whitehall, 360 South
                                                                                Yearling Road,
                                                                                Whitehall, OH 43213.
    Warren (FEMA Docket No.: B-     City of Mason (08-05-  March 11, 2010;       The Honorable Charlene     July 16, 2010..................       390559
     1129).                          5005P).                March 18, 2010; The   Pelfrey, Mayor, City of
                                                            Western Star.         Mason, 6000 Mason-
                                                                                Montgomery Road, Mason,
                                                                                OH 45040.

    Warren (FEMA Docket No.: B-     City of Monroe (09-05- March 5, 2010; March  The Honorable Robert       July 9, 2010...................       390042
     1123).                          1088P).                12, 2010; The         Routson, Mayor, City of
                                                            Middletown Journal.   Monroe, P.O. Box 330,
                                                                                Monroe, OH 45050.
    Warren (FEMA Docket No.: B-     Unincorporated areas   March 11, 2010;       The Honorable David G.     July 16, 2010..................       390757
     1129).                          of Warren County (08-  March 18, 2010; The   Young, President, Warren
                                     05-5005P).             Western Star.         County Board of
                                                                                Commissioners, 406
                                                                                Justice Drive, 1st
                                                                                Floor, Lebanon, OH
                                                                                45036.
Oregon: Linn (FEMA Docket No.: B-   City of Millersburg    February 26, 2010;    The Honorable Clayton      July 2, 2010...................       410284
 1121).                              (09-10-0354P).         March 5, 2010;        Wood, Mayor, City of
                                                            Democrat-Herald.      Millersburg, 4222
                                                                                Northeast Old Salem
                                                                                Road, Albany, OR 97321.
Tennessee:
    Madison (FEMA Docket No.: B-    Unincorporated areas   March 10, 2010;       The Honorable Jimmy        July 15, 2010..................       470112
     1123).                          of Madison County      March 17, 2010;       Harris, Mayor, Madison
                                     (09-04-3077P).         Jackson Sun.          County, 100 East Main
                                                                                Street, Suite 302,
                                                                                Jackson, TN 38301.
    Rutherford (FEMA Docket No.: B- City of Murfreesboro   April 2, 2010; April  The Honorable Tommy        April 23, 2010.................       470168
     1124).                          (09-04-3567P).         9, 2010; Daily News   Bragg, Mayor, City of
                                                            Journal.              Murfreesboro, 111 West
                                                                                Vine Street,
                                                                                Murfreesboro, TN 37133.
    Rutherford (FEMA Docket No.: B- Unincorporated areas   April 2, 2010; April  The Honorable Ernest       April 23, 2010.................       470165
     1124).                          of Rutherford County   9, 2010; Daily News   Burgess, Mayor,
                                     (09-04-3567P).         Journal.              Rutherford County,
                                                                                County Courthouse, Room
                                                                                101, Murfreesboro, TN
                                                                                37130.
Texas:
    Comal & Guadalupe (FEMA Docket  City of Schertz (09-   March 11, 2010;       The Honorable Hal          July 16, 2010..................       480269
     No.: B-1118).                   06-2056P).             March 18, 2010;       Baldwin, Mayor, City of
                                                            Northeast Herald.     Schertz, 1400 Schertz
                                                                                Parkway, Schertz, TX
                                                                                78154.
    Comal and Guadalupe (FEMA       City of Selma (09-06-  March 11, 2010;       The Honorable Jim Parma,   July 16, 2010..................       480046
     Docket No.: B-1118).            2056P).                March 18, 2010;       Mayor, City of Selma,
                                                            Northeast Herald.     9375 Corporate Drive,
                                                                                Selma, TX 78154.
    Gregg (FEMA Docket No.: B-      City of Longview (09-  March 5, 2010; March  The Honorable Jay Dean,    July 12, 2010..................       480264
     1118).                          06-1728P).             12, 2010; Longview    Mayor, City of Longview,
                                                            News-Journal.         P.O. Box 1952, Longview,
                                                                                TX 75606.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: December 7, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-32700 Filed 12-28-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Notices]
[Page 45635-45636]
[DOCID:fr03se09-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2088-075]

South Feather Water and Power Agency; Notice of Intent To Prepare
an Environmental Document and Soliciting Comments

August 27, 2009.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Intent to raise dam crest and modify spillway.
    b. Project No: 2088-075.
    c. Date Filed: May 21, 2009.
    d. Applicant: South Feather Water and Power Agency .
    e. Name of Project: South Feather Power Project.
    f. Location: The South Feather Power Project is located on the
South Fork Feather River, Lost Creek, and Slate Creek in Butte, Plumas,
and Yuba Counties, California. This project occupies federal and non-
federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kathy Zancanella, South Feather Water and
Power Agency Power Division, 2310 Oro Quincy Highway, Oroville, CA
95966, Tel:<PHONE_NUMBER>.
    i. FERC Contact: Joy Jones, Telephone<PHONE_NUMBER>, and e-mail:
<EMAIL_ADDRESS>    j. Deadline for Filing Comments, Motions To Intervene, and
Protests: September 28, 2009.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: South Feather Water and Power Agency has
filed an Environmental Report addressing its intent to modify the crest
of Sly Creek Dam, part of the South Feather Power Project (FERC No.
2088). The project consists of four separate developments: Sly Creek,
Woodleaf, Forbestown and Kelly Ridge. The proposed work at Sly Creek
Dam would take place within the Sly Creek development. Water from Sly
Creek reservoir is controlled by Sly Creek Dam, which releases water to
the Lost Creek reservoir downstream of the dam. A hydraulic study on
Sly Creek reservoir included an estimate of the probable maximum flood
(PMF) flow event for the reservoir, which indicated that during a PMF
event, the dam crest would overtop unless it was raised and/or the
spillway was modified. To ensure the licensee's compliance with FERC
engineering guidelines and safety regulations, modifications to the dam
are necessary. The licensee is proposing to raise the dam crest,
replace the spillway gate and platform, raise the abutment walls of the
spillway channel, and improve the roadway approaching the spillway and
associated drainage structures. Under the licensee's proposal, the
operating level of Sly Creek reservoir's water surface elevation would
remain consistent with the original water surface elevation approved in
the project license.
    The Commission intends to prepare an environmental document under
the National Environmental Policy Act (NEPA) for the Sly Creek Dam
crest raise project. The NEPA document will be used by the Commission
to identify environmental impacts and to identify measures that would
help mitigate the impacts caused by modification activities.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426. This filing may also be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. You may also register online at http://
www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments: Anyone may submit comments with respect to the
licensee's proposed activities. In determining the appropriate action
to take, the Commission will consider all comments filed. Any comments
must be received on or before the specified comment date for the
particular application.
    o. Any filing made with the Commission must bear in all capital
letters the title ``COMMENTS'' and the Project Number (P-2088-075) of
the particular application to which the filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file

comments on the described application. A copy of the application may be
obtained by agencies directly from the Applicant. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments. One copy of an agency's comments must
also be sent to the Applicant's representatives.
    q. Comments may be filed electronically via the Internet in lieu of
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site at http://www.ferc.gov under the ``e-Filing''
link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-21245 Filed 9-2-09; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am an individual consumer of e-cigarettes and have very strong feelings about e-cigarettes as an alternative to combustible tobacco products, which I used off and off for a period of nearly 35 years. I firmly believe that these electronic products have allowed me to move toward a healthier lifestyle and I wish to provide you with personal medical information, including medical laboratory results, in response to the current issues and questions being raised, in order to take my comments into account.

Therefore I find it necessary to to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions (which are relevant to my medical and psychological well-being) as a consumer of products that are proposed for regulation under the Rule. Although I have already spent many hours researching these issues, the Proposed Rule asks scores of different questions for which I desire to provide personal responses. My ability and resources to comment accurately on the relevant questions does not allow me to respond effectively within the currently allocated timeline. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow consumers and the public at large a 180 day period to submit comments, considering  the proposed legislation took almost 3 years to draft. This is my only opportunity as a consumer to provide my feedback.

I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that myself and everyone else potentially impacted these decisions,  has the opportunity to provide comment on the proposed regulations.

Thank you for considering my request.


[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72709-72710]
[DOCID:fr21de07-79]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0396; FRL-8341-1]

Dichlorvos (DDVP); Final Determination to Terminate Special
Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On September 26, 2007, EPA issued in the Federal Register, a
notice proposing to terminate the Special Review of dichlorvos (DDVP)
because the risks that were the basis of the Special Review are no
longer of concern. The Agency offered an opportunity to provide comment
on the proposal. The Agency received no substantive comments in
response to the proposal and EPA is announcing its final determination
to terminate the Special Review of DDVP.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a member
of the general public or a stakeholder such as environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. 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. 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 a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0396. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    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.

II. Background

A. What Action is the Agency Taking?

    On February 24, 1988, the Agency published a Notice of Special
Review Position Document 1 (PD 1) for pesticide products containing
DDVP based on concerns for cancer, cholinesterase inhibition, and liver
effects (53 FR 5542). On September 28, 1995, the Agency published a
Notice of Preliminary Determination to Cancel Certain Registrations and
a Draft Notice of Intent to Cancel (PD 2/3) (60 FR 50337). In the 1995
PD 2/3, the Agency determined that exposure to DDVP from the registered
uses posed a carcinogenic risk of concern as well as risks of concern
for cholinesterase inhibition. However, with respect to liver effects,
the Agency determined that this

endpoint was no longer of regulatory concern. Since the initiation of
Special Review and publication of the PD 2/3, additional data have
become available. Based in part on these data, the Agency has changed
its assessment of some of the risks associated with DDVP, and modified
the terms and conditions of DDVP registrations, accordingly. Moreover,
during the recently concluded reregistration process for DDVP, EPA
conducted an intensive and public review of whether DDVP registrations
meet the FIFRA standard for registration, culminating in the Agency's
2006 Reregistration Eligibility Decision (RED) for DDVP. Through the
reregistration processes the Agency resolved remaining concerns
regarding cancer and cholinesterase effects. Accordingly, EPA has
revised its assessment of DDVP since the time when the PD 1 and the PD
2/3 were published, respectively. Based on the RED, requested label
amendments, and the voluntary cancellation of uses by the registrant
pursuant to section 6(f) of FIFRA, EPA has determined that the risks
that were the basis of the Special Review are no longer of concern.
Therefore, on September 26, 2007, EPA announced its preliminary
determination to terminate the Special Review of DDVP. The Agency did
not receive any comments in response to its preliminary determination.
This notice announces EPA's final determination to terminate the
Special Review of DDVP. To the extent that the Agency further revises
its assessment of DDVP, it will do so outside of the Special Review
context.

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

    A pesticide product may be sold or distributed in the United States
only if it is registered or exempt from registration under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended (7 U.S.C.
136 et seq.). Before a product can be registered it must be shown that
it can be used without causing ``unreasonable adverse effects on the
environment,'' [FIFRA section 3(c)(5)]. The term ``unreasonable adverse
effects on the environment'' is defined in FIFRA section 2(bb) as ``any
unreasonable risk to man or the environment, taking into account the
economic, social, and environmental costs and benefits of the use of
any pesticide.'' The burden of proving that a pesticide meets this
standard for registration is, at all times, on the proponent of initial
or continued registration. If at any time the Agency determines that a
pesticide no longer meets this standard, the Administrator may cancel
this registration under section 6 of FIFRA.
    The Special Review process provides a mechanism to permit public
participation in EPA's deliberations prior to issuance of any Notice of
Final Determination describing the regulatory action which the
Administrator has selected. The Special Review process, which was
previously called the Rebuttable Presumption Against Registration
(RPAR), is described in 40 CFR part 154, published in the Federal
Register of November 25, 1985 (50 FR 49015). The purpose of this
process is to determine whether some or all registrations of a
particular active ingredient or ingredients meet the FIFRA standard for
registration, or whether amendment of the terms and conditions of
registration or cancellation of portions or all of the registrations is
appropriate.
    Prior to formal initiation of a Special Review, a preliminary
notification is sent to registrants and applicants for registration
pursuant to 40 CFR 154.21 announcing that the Agency is considering
commencing a Special Review. Registrants and applicants for
registration are allowed 30 days from receipt of the notification to
comment on the Agency's proposal to commence a Special Review.
    If the Agency determines, after issuance of a notification pursuant
to 40 CFR 154.21, that it will initiate a Special Review, 40 CFR
154.25(c) requires the Administrator to publish a Notice of Special
Review in the Federal Register. To conclude a Special Review after a
Special Review has been initiated, 40 CFR 154.31 requires the
Administrator to first publish a Notice of Preliminary Determination in
the Federal Register.
    That regulation requires the Administrator to respond to all
significant comments received on the Notice of Special Review and,
among other things, make a preliminary determination of whether any of
the applicable risk criteria have been satisfied. Finally, after
receipt and evaluation of comments on the Notice of Preliminary
Determination, 40 CFR 154.33 requires that the Administrator publish in
the Federal Register a Notice of Final Determination, including the
reasons for the determination. This Notice is being issued pursuant to
40 CFR 154.33.

List of Subjects

    Environmental protection, Pesticides, Pests.

    Dated: December 14, 2007.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. E7-24739 Filed 12-20-07; 8:45 am]

BILLING CODE 6560-50-S


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

	OFFICE OF PREVENTION, PESTICIDESs

                                                                                AND TOXIC SUBSTANCES

MEMORANDUM

Date:  	20/MAY/2008

Subject:	Dichlobenil Acute and Chronic Aggregate Dietary (Food and Drinking Water) Exposure and Risk Assessments for the Section 3 Registration Action for New Uses on Rhubarb, Caneberry, Subgroup 13-07A, and Bushberry, Subgroup 13-07B.

PC Code:  027401	DP Barcode:  346388

Decision No.:  380110	Registration No.:  400-168

Petition No.:  7E7230	Regulatory Action:  Section 3

Risk Assessment Type:  Acute and Chronic Aggregate Dietary	Case No.:  None

TXR No.:  None	CAS No.:  1194-65-6

MRID No.:  None	40 CFR: 180.231

FROM:	Debra Rate, Ph.D., Biologist

Alternative Risk Integration and Assessment (ARIA) Team

Risk Integration, Minor Use and Emergency Response (RIMUER) Branch

Registration Division (7505P)

THROUGH:	P. Yvonne Barnes, Chemist

Mohsen Sahafeyan, Chemist

Dietary Exposure Science Advisory Council (DESAC)

Health Effects Division (7509P)

and

		William Cutchin, Acting Senior Branch Scientist

		ARIA

		RIMUERB/RD (7505P)

TO:		Debra Rate, Ph.D., Biologist

		ARIA

		RIMUERB/RD (7505P)

and

		Dan Rosenblatt, Branch Chief / Susan Stanton, Environmental Specialist

	RIMUERB/RD (7505P)

Executive Summary

Acute and chronic aggregate dietary (food and drinking water) exposure and risk assessments were conducted using the Dietary Exposure Evaluation Model DEEM-FCID™, Version 2.03 which uses food consumption data from the U.S. Department of Agriculture’s Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998.  The analyses were performed to support Section 3 requests for uses on rhubarb, caneberry subgroup (13-07A), and bushberry subgroup (13-07B).  Dichlobenil is listed as a possible human carcinogen and an RfD approach should be used for quantification of human cancer risk.  The quantification of cancer risk using the RfD approach is identical to the assessment for chronic effects; no separate carcinogenic risk assessment is necessary.

The tolerance expression for dichlobenil includes dichlobenil (parent) and the major metabolite, 2,6-dichlorobenzamide (BAM).  BAM is a metabolite of two chemicals, fluopicolide and dichlobenil.  BAM and dichlobenil have been assessed with different toxicological endpoints.  Residues from drinking water have also been assessed separately for dichlobenil (parent only) and BAM.  Therefore, this dietary assessment will refer to dichlobenil (parent only) unless otherwise indicated.  A separate assessment (DP Num: 340366, N. Dodd, 21/NOV/2007) has been conducted for the major metabolite, BAM, and was updated (DP Num: 349722, S. Piper, 19/MAR/2008) to include all of the requested berry commodities.

Acute Dietary (Food and Drinking Water) Exposure Results and Characterization

The acute exposure analysis was performed using the following assumptions.  As no dichlobenil residues were reported above the lowest level of method validation (LLMV) on raw agricultural commodities (RACs) in the submitted studies, these assumptions will result in conservative estimates of dietary exposure and risk:

Dichlobenil contributions to the recommended or established tolerance (tolerance level residues minus maximum BAM residues) were used in the dietary analysis for all existing and proposed RACs (see Table 1);

DEEM 7.81 default processing factors for all processed commodities;

100% crop treated (CT); and

0.298 ppm for the dichlobenil acute estimated drinking water concentration (EDWC) (DP Num: 322919; J. Angier; 01/NOV/2005).

An acute endpoint was selected for only one population subgroup, females 13-49 years.  Typically, the Agency has concerns regarding dietary risk when the estimates exceed 100% of the acute population-adjusted dose (aPAD).  This subgroup had a risk estimate below the Agency’s level of concern utilizing 33% of the aPAD at the 95th percentile of exposure.

Chronic Dietary (Food and Drinking Water) Exposure Results and Characterization

The chronic exposure analysis was performed using the following assumptions.  As discussed above, these assumptions will result in conservative estimates of dietary exposure and risk:

Dichlobenil contributions to the established or recommended tolerance (tolerance level residues minus maximum BAM residues) were used in the dietary analysis for all existing and proposed RACs (see Table 1);

DEEM 7.81 default processing factors for all processed commodities;

100% crop treated (CT); and

0.0046 ppm for the dichlobenil chronic EDWC (DP Num: 322919; J. Angier; 01/NOV/2005).

Typically, the Agency has concerns regarding dietary risk when the estimates exceed 100% of the chronic population-adjusted dose (cPAD).  The dietary risk for the general U.S. population and all population subgroups were not of concern to the Agency.  The most highly exposed population subgroup (children 1-2 years) utilizes 30% of the cPAD.  The general U.S. population utilizes 5% of the cPAD.

I.  Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For both acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For acute and non-cancer chronic exposures, the Agency is concerned when estimated dietary risk exceeds 100% of the PAD.  The Agency is generally concerned when estimated cancer risk exceeds one in one million (the risk exceeds 1 x 10-6).  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  “Available Information on Assessing Exposure from Pesticides, A User’s Guide,” 21-JUN-2000, web link:      HYPERLINK "http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf"  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf  ; or see SOP 99.6 (20-AUG-1999).

The most recent dietary risk assessment for dichlobenil was addressed in the revised HED chapter of the Reregistration Eligibility Decision (RED) (July 31, 1996; K. Boyle; Dietary Risk Evaluation System (DRES)).

II.	Residue Information

Tolerances are established for residues of the herbicide dichlobenil and BAM in/on various plant commodities, at levels ranging from 0.1 to 0.5 ppm (as listed in 40CFR §180.231[a]).  In conjunction with the proposed uses, ARIA has recommended in favor of establishing tolerances on rhubarb, caneberries and bushberries (DP Num: 315266, W. Cutchin, 22/FEB/2006; DP Num: 349398, D. Rate, 12/MAR/2008).  Existing and recommended tolerances for dichlobenil are listed in Table 1.

Table 1.  Summary of Tolerances and Residue Contribution for Dietary Analysis from Dichlobenil and BAM.

Commodity	Tolerance (Existing/ Recommended)	Contribution from BAM1 (Dietary Risk)	Contribution from Dichlobenil2 (Dietary Risk)

Apples	0.5	 0.271	 0.229

Cranberry	0.1	0.03	0.07

Grapes	 0.15	0.09	0.06

Fruit, stone, Crop Group 12	 0.53	0.46	0.04

Filbert	0.1	0.02	0.08

Pear	0.5	 0.271	 0.229

Rhubarb	 0.06	0.01	0.05

Caneberry, Subgroup 13-07A	0.1	0.01	0.09

Bushberry, Subgroup 13-07B	 0.15	0.06	0.09

1  The BAM contribution to tolerance in Table 1 is based on maximum residues from field trial data following the application of dichlobenil (DP Num: 340366, N. Dodd, 21/NOV/2007; DP Num: 439722, S. Piper, 19/MAR/2008).

2  Dichlobenil contribution to tolerance is calculated by subtracting the BAM contribution from the existing or recommended tolerance.

3  Although the current established tolerance remains at 0.15 ppm, HED recommended a tolerance of 0.5 ppm to cover stone fruit crop group based on limited studies submitted on plums (July 31, 1996; K. Boyle; Dietary Risk Evaluation System (DRES) )(MRID No. 42452804 and 42452801).

Both the acute and chronic dietary analyses used calculated contribution values from the dichlobenil contribution column (Table 1) for all represented commodities.  Previously, residue data from field trials conducted to support the existing registrations show that, generally, residues of dichlobenil and metabolites are low, and the use of default processing factors in the analysis is considered conservative and will overestimate dietary exposure.

III.	Drinking Water Data

The EDWCs for dichlobenil residues used in this dietary risk assessment were obtained from the Environmental Fate and Effects Division (EFED) in the following memorandum: Drinking Water Assessment for New Use of Dichlobenil on Rhubarb (DP Num: 322919; J. Angier; 01/NOV/2005) and incorporated directly into this dietary assessment.

Water residues were incorporated in the DEEM-FCID into the food categories “water, direct, all sources” and “water, indirect, all sources.”  Dichlobenil is predicted to volatilize from most surface waters; therefore, its persistence in the surface water environment will depend primarily on the environmental factors which control volatility rates (temperature, wind speed, humidity, etc.).  The EDWCs for dichlobenil residues used in the acute and the chronic dietary analyses were 0.298 ppm and 0.0046 ppm, respectively, the concentration estimated by the Pesticide Root Zone Mode/Exposure Analysis Modeling System (PRZM/EXAMS) models.  PRZM/EXAMS is an empirical model for predicting pesticide levels in surface water; the values from PRZM/EXAMS are considered conservative.  Table 2 summarizes the drinking water concentrations of dichlbenil provided by EFED.  The model and its description are available at the EPA internet site:   HYPERLINK "http://www.epa.gov/oppefed1/models/water/"  http://www.epa.gov/oppefed1/models/water/ .

Table 2.  EDWCs for Dichlobenil in surface water.

Model Scenario	Peak (acute) Conc. in  Surface Water	1 in 10 Year Annual Mean (Chronic) Conc. in Surface Water	30 Year Overall (Cancer) Conc. in Surface Water

OR apple	108.75 ppb	3.724 ppb	1.953 ppb

FL turf	298.3 ppb	4.615 ppb	1.145 ppb

PA turf	78.5 ppb	2.907 ppb	1.159 ppb

IV.	DEEM-FCID( Program and Consumption Information

Dichlobenil acute and chronic dietary exposure assessments were conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database DEEM-FCID™, Version 2.03 which incorporates consumption data from USDA’s Continuing Surveys of Food Intakes by Individuals (CSFII), 1994-1996 and 1998.  The 1994-96, 98 data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods “as consumed” (e.g., apple pie) are linked to EPA-defined food commodities (e.g. apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/Agricultural Research Service (ARS) and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups, but for acute exposure assessment are retained as individual consumption events.  Based on analysis of the 1994-96, 98 CSFII consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50+ years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food form (such as orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form.  The resulting residue consumption estimate for each food/food form is summed with the residue consumption estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

For acute exposure assessments, individual one-day food consumption data are used on an individual-by-individual basis.  The reported consumption amounts of each food item can be multiplied by a residue point estimate and summed to obtain a total daily pesticide exposure for a deterministic exposure assessment, or “matched” in multiple random pairings with residue values and then summed in a probabilistic assessment.  The resulting distribution of exposures is expressed as a percentage of the aPAD on both a user (i.e., only those who reported eating relevant commodities/food forms) and a per-capita (i.e., those who reported eating the relevant commodities as well as those who did not) basis.  In accordance with HED policy, per capita exposure and risk are reported for all levels of analysis.  Any significant differences in user vs. per capita exposure and risk are specifically identified and noted in the risk assessment.

V.	Toxicological Information

The findings of the dichlobenil risk assessment team, relative to dietary exposure, are summarized in Table 3 (below) (R. Mitkus, updated 24/AUG/2007).

HED determined that the 10X FQPA SF be retained for prechronic oral exposure scenarios.  This is due to the incompleteness of the database with regard to the potential of dichlobenil to induce olfactory toxicity following prechronic oral exposure.

Table 3.  Summary of Toxicological Doses and Endpoints for Dichlobenil for Use in Dietary, Residential, and Occupational Human Health Risk Assessments

Exposure Scenario	Point of Departure	Uncertainty/FQPA Safety Factors RfD, PAD, Level of Concern for Risk Assessment	Study and Toxicological Effects

Acute Dietary (General population, including infants and children)	N/A N/A	N/A	An endpoint of concern (effect) attributable to a single dose was not identified in the database. Quantification of acute risk to general population, including infants and children, is not required.

Acute Dietary (Females 13-49 years of age)	NOAEL = 45

mg/kg/day	UFA = 10X

UFH = 10X

FQPA SF4 = 10X

(includes UFDB = 10X)

(UF = 1000)	aRfD= NOAEL

               UF

aRfD = aPAD = 0.045 mg/kg/day

	Developmental toxicity (rabbit) Offspring LOAEL = 135 mg/kg/day based on increased incidences of total resorptions/dam, post-implantation loss, and fetal external, visceral, and skeletal anomalies

Chronic Dietary (All populations)	NOAEL = 1

mg/kg/day	UFA = 10X

UFH = 10X

FQPA SF = 1X

(UF = 100)	cRfD= NOAEL

               UF

cRfD = cPAD = 0.01 mg/kg/day	Chronic toxicity (dog) LOAEL = 6 mg/kg/day based on increased liver weights and increased serum cholesterol, triglycerides, phospholipids, and alkaline phosphatase (M&F) and increased serum -GT and periportal hypertrophy of hepatocytes (M); olfactory histopathology was assayed and not observed in this study

Cancer	Classification: Group C, possible human carcinogen; RfD approach should be used for quantification of human risk (2nd Carcinogenicity Peer Review, 1995)

Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and  used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (intraspecies).  UFH = potential variation in sensitivity among members of the human population (interspecies).  UFL = use of a LOAEL to extrapolate a NOAEL.  UFS = use of a short-term study for long-term risk assessment.  UFDB = to account for the absence of key data (i.e., lack of a critical study).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.  MOE = margin of exposure.  LOC = level of concern.  N/A = not applicable.

VI.	Results/Discussion

As discussed above, for acute or chronic dietary assessments, the Agency is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID( analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 3 (below) are for the general U.S. population (total), all infants <1, children 1-2, children 3-5, children 6-12, youths 13-19, females 13-49, adults 20-49, and adults 50+ years for chronic exposure and females 13-49 years for acute exposure.

Results of Acute Dietary (Food and Drinking Water) Exposure Analysis

The analyses summarized in Tables 4 (below) are based on residue levels contributed by dichlobenil (Table 1) in all RACs (modified by DEEM( processing factors, Version 7.81, for processed commodities), and 100% CT assumptions.  With these assumptions utilized, the risk estimates are below the Agency’s level of concern.  The only population subgroup analyzed for acute exposure is females 13-49 years.  Females 13-49 years have an exposure estimate of 0.014744 mg/kg/day at the 95th percentile, and utilize 33% of the aPAD.

Results of Chronic Dietary (Food and Drinking Water) Exposure Analysis

The analyses summarized in Table 4 (below) are based on residue levels contributed by dichlobenil (Table 1) in all RACs (modified by DEEM( processing factors, Version 7.81, for processed commodities), and 100% CT assumptions.  With the assumptions utilized, the risk estimates are well below the Agency’s level of concern.  The most highly exposed population subgroup is children 1-2 years.  In the analysis, children 1-2 years have an exposure estimate of 0.003000 and utilize 30% of the cPAD.

Table 4. Results of Acute and Chronic Dietary (Food + Water) Exposure and Risk Estimates for Dichlobenil (Parent Only).

Population Subgroup 1

[Years of Age]

DEEM Acute Dietary Analysis,

95th Percentile

DEEM Chronic Dietary Analysis

aPAD (mg/kg)

Exposure (mg/kg/day)

% aPAD

cPAD (mg/kg/day)

Exposure (mg/kg/day)

% cPAD

General U.S. Population

NA 2

0.01

0.000484

5

All Infants [<1]

0.01

0.002425

24

Children [1-2]

0.01

0.003000

30

Children [3-5]

0.01

0.001815

18

Children [6-12]

0.01

0.000657

7

Youths [13-19]

0.01

0.000270

3

Adults [20-49]

0.01

0.000235

2

Adults [50+]

0.01

0.000270

3

Females [13-49]

0.045

0.014744

33

0.01

0.000258

3

1 Values for the population with the highest risk for each type of risk assessment are bolded.

2 NA = Not Applicable; no acute dietary endpoint was identified for these population subgroups.

Results of Cancer Dietary (Food and Drinking Water) Exposure Analysis

Dichlobenil is classified as “Group C, possible human carcinogen” with the RfD approach utilized for quantification of human risk.  The quantification of cancer risk using the RfD approach is identical to the assessment for chronic effects; no separate carcinogenic risk assessment is necessary.

VII.	Characterization of Inputs/Outputs

Conservative acute and chronic dietary (food and drinking water) exposure assessments were conducted.  Tolerance level residues and/or residues contributed by dichlobenil (see Table 1) were used in both analyses.  Default processing factors (DEEM( version 7.81) were used for processed commodities.  The assessment assumed 100% of the crops were treated.  Although not needed at this time, the exposure and risk estimates could be refined with the following information: 1) projected market share/percent crop treated data; and 2) anticipated residue data.

VIII.	Conclusions

Acute and chronic dietary (food and drinking water) exposure assessments were conducted for the proposed uses on rhubarb, caneberry (subgroup 13-07A) and bushberry (subgroup 13-07B).  A conservative assessment was conducted based on dichlobenil contribution to tolerance level residues (Table 1), default processing factors and 100% CT.

The acute dietary (food and drinking water) exposure to dichlobenil is below the Agency’s level of concern for females 13-49 years.  The acute dietary exposure estimate is 33% of the aPAD.

The chronic dietary (food and drinking water) exposure to dichlobenil is below the Agency’s level of concern for the general U.S. population and all population subgroups.  The chronic dietary exposure estimates are 5% cPAD for the general U.S. population and 30% cPAD for children 1-2 years old, the most highly exposed subgroup.

IX.	List of Attachments

Attachment 1:  Acute Residue Input for Dichlobenil using DEEM-FCID

Attachment 2:  Results of Acute Dietary Exposure Analysis

Attachment 3:  Chronic Residue Input for Dichlobenil using DEEM-FCID

Attachment 4:  Results of Chronic Dietary Exposure Analysis

cc:	William Cutchin and Debra Rate

Attachment 1:  Acute Residue Input for Dichlobenil using DEEM-FCID

U.S. Environmental Protection Agency                                 Ver. 2.02

DEEM-FCID Acute analysis for DICHLOBENIL

Residue file name: E:\dichlobenil\acute dichlobenil041608-Dichlobenil.R98

Analysis Date 04-16-2008             Residue file dated: 04-16-2008/14:21:50/8

Reference dose: aRfD = 0.045 mg/kg bw/day  NOEL = 45 mg/kg bw/day

------------------------------------------------------------------------ --------

  EPA    Crop                                   Def Res     Adj.Factors   Comment

  Code    Grp  Food Name                         (ppm)       #1    #2

-------- ---- -------------------------------  ----------  ------ ------  -------

11000070 11   Apple, fruit with peel             0.229000   1.000  1.000

11000080 11   Apple, peeled fruit                0.229000   1.000  1.000

11000081 11   Apple, peeled fruit-babyfood       0.229000   1.000  1.000

11000090 11   Apple, dried                       0.229000   8.000  1.000

11000091 11   Apple, dried-babyfood              0.229000   8.000  1.000

11000100 11   Apple, juice                       0.229000   1.300  1.000

11000101 11   Apple, juice-babyfood              0.229000   1.300  1.000

11000110 11   Apple, sauce                       0.229000   1.000  1.000

11000111 11   Apple, sauce-babyfood              0.229000   1.000  1.000

12000120 12   Apricot                            0.040000   1.000  1.000

12000121 12   Apricot-babyfood                   0.040000   1.000  1.000

12000130 12   Apricot, dried                     0.040000   6.000  1.000

12000140 12   Apricot, juice                     0.040000   1.000  1.000

12000141 12   Apricot, juice-babyfood            0.040000   1.000  1.000

13010550 13A  Blackberry                         0.090000   1.000  1.000

13010560 13A  Blackberry, juice

                 110-Uncooked; Fresh or N/S; Cook Meth N/S

                                                 0.090000   1.000  1.000

                 120-Uncooked; Frozen; Cook Meth N/S

                                                 0.090000   1.000  1.000

13010561 13A  Blackberry, juice-babyfood         0.090000   1.000  1.000

13020570 13B  Blueberry                          0.090000   1.000  1.000

13020571 13B  Blueberry-babyfood                 0.090000   1.000  1.000

13010580 13A  Boysenberry                        0.090000   1.000  1.000

12000900 12   Cherry                             0.040000   1.000  1.000

12000901 12   Cherry-babyfood                    0.040000   1.000  1.000

12000910 12   Cherry, juice                      0.040000   1.500  1.000

12000911 12   Cherry, juice-babyfood             0.040000   1.500  1.000

11001290 11   Crabapple                          0.229000   1.000  1.000

95001300 O    Cranberry                          0.070000   1.000  1.000

95001301 O    Cranberry-babyfood                 0.070000   1.000  1.000

95001310 O    Cranberry, dried                   0.070000   1.000  1.000

95001320 O    Cranberry, juice                   0.070000   1.100  1.000

95001321 O    Cranberry, juice-babyfood          0.070000   1.100  1.000

13021360 13B  Currant                            0.090000   1.000  1.000

13021370 13B  Currant, dried                     0.090000   1.000  1.000

13011420 13A  Dewberry                           0.090000   1.000  1.000

13021490 13B  Elderberry                         0.090000   1.000  1.000

14001550 14   Filbert                            0.080000   1.000  1.000

14001560 14   Filbert, oil                       0.080000   1.000  1.000

13021740 13B  Gooseberry                         0.090000   1.000  1.000

95001750 O    Grape                              0.060000   1.000  1.000

95001760 O    Grape, juice                       0.060000   1.200  1.000

95001761 O    Grape, juice-babyfood              0.060000   1.200  1.000

95001770 O    Grape, leaves                      0.060000   1.000  1.000

95001780 O    Grape, raisin                      0.060000   4.300  1.000

95001790 O    Grape, wine and sherry             0.060000   1.000  1.000

13021910 13B  Huckleberry                        0.090000   1.000  1.000

13012080 13A  Loganberry                         0.090000   1.000  1.000

12002300 12   Nectarine                          0.040000   1.000  1.000

12002600 12   Peach                              0.040000   1.000  1.000

12002601 12   Peach-babyfood                     0.040000   1.000  1.000

12002610 12   Peach, dried                       0.040000   7.000  1.000

12002611 12   Peach, dried-babyfood              0.040000   7.000  1.000

12002620 12   Peach, juice                       0.040000   1.000  1.000

12002621 12   Peach, juice-babyfood              0.040000   1.000  1.000

11002660 11   Pear                               0.229000   1.000  1.000

11002661 11   Pear-babyfood                      0.229000   1.000  1.000

11002670 11   Pear, dried                        0.229000   6.250  1.000

11002680 11   Pear, juice                        0.229000   1.000  1.000

11002681 11   Pear, juice-babyfood               0.229000   1.000  1.000

12002850 12   Plum                               0.040000   1.000  1.000

12002851 12   Plum-babyfood                      0.040000   1.000  1.000

12002860 12   Plum, prune, fresh                 0.040000   1.000  1.000

12002861 12   Plum, prune, fresh-babyfood        0.040000   1.000  1.000

12002870 12   Plum, prune, dried                 0.040000   5.000  1.000

12002871 12   Plum, prune, dried-babyfood        0.040000   5.000  1.000

12002880 12   Plum, prune, juice                 0.040000   1.400  1.000

12002881 12   Plum, prune, juice-babyfood        0.040000   1.400  1.000

13013200 13A  Raspberry                          0.090000   1.000  1.000

13013201 13A  Raspberry-babyfood                 0.090000   1.000  1.000

13013210 13A  Raspberry, juice                   0.090000   1.000  1.000

13013211 13A  Raspberry, juice-babyfood          0.090000   1.000  1.000

04023220 4B   Rhubarb                            0.050000   1.000  1.000

86010000 O    Water, direct, all sources         0.298000   1.000  1.000

86020000 O    Water, indirect, all sources       0.298000   1.000  1.000

Attachment 2:  Results of Acute Dietary Exposure Analysis

U.S. Environmental Protection Agency                                  Ver. 2.02

DEEM-FCID ACUTE Analysis for DICHLOBENIL                         (1994-98 data)

Residue file: acute dichlobenil041608-Dichlobenil.R98

Adjustment factor #2 NOT used.

Analysis Date: 04-16-2008/14:29:29    Residue file dated: 04-16-2008/14:21:50/8

NOEL (Acute) =  45.000000 mg/kg body-wt/day

Daily totals for food and foodform consumption used.

Run Comment: ""

======================================================================== =======

Summary calculations (per capita):

      95th Percentile             99th Percentile             99.9th Percentile

 Exposure  % aRfD     MOE    Exposure  % aRfD     MOE    Exposure  % aRfD     MOE

---------- ------- -------- ---------- ------- -------- ---------- ------- --------

Females 13-49 yrs:

  0.014744   32.76    3052    0.023372   51.94    1925    0.041395   91.99    1087

Attachment 3: Chronic Residue Input for Dichlobenil using DEEM-FCID

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for DICHLOBENIL                        1994-98 data

Residue file: E:\dichlobenil\chronic dichlobenil041608-Dichlobenil.R98

                                                               Adjust. #2 used

Analysis Date 04-16-2008             Residue file dated: 04-16-2008/14:23:34/8

Reference dose (RfD) = 0.01  (NOEL) = 1 mg/kg bw/day

------------------------------------------------------------------------ --------

Food Crop                                       Residue       Adj.Factors      Comment

EPA Code  Grp  Food Name                          (ppm)

                                                             #1         #2

-------- ---- -------------------------------   ---------- ------     ------   -------

11000070 11   Apple, fruit with peel             0.229000   1.000      1.000

11000080 11   Apple, peeled fruit                0.229000   1.000      1.000

11000081 11   Apple, peeled fruit-babyfood       0.229000   1.000      1.000

11000090 11   Apple, dried                       0.229000   8.000      1.000

11000091 11   Apple, dried-babyfood              0.229000   8.000      1.000

11000100 11   Apple, juice                       0.229000   1.300      1.000

11000101 11   Apple, juice-babyfood              0.229000   1.300      1.000

11000110 11   Apple, sauce                       0.229000   1.000      1.000

11000111 11   Apple, sauce-babyfood              0.229000   1.000      1.000

12000120 12   Apricot                            0.040000   1.000      1.000

12000121 12   Apricot-babyfood                   0.040000   1.000      1.000

12000130 12   Apricot, dried                     0.040000   6.000      1.000

12000140 12   Apricot, juice                     0.040000   1.000      1.000

12000141 12   Apricot, juice-babyfood            0.040000   1.000      1.000

13010550 13A  Blackberry                         0.090000   1.000      1.000

13010560 13A  Blackberry, juice

                110-Uncooked; Fresh or N/S; Cook Meth N/S

                                                 0.090000   1.000      1.000

                120-Uncooked; Frozen; Cook Meth N/S

                                                 0.090000   1.000      1.000

13010561 13A  Blackberry, juice-babyfood         0.090000   1.000      1.000

13020570 13B  Blueberry                          0.090000   1.000      1.000

13020571 13B  Blueberry-babyfood                 0.090000   1.000      1.000

13010580 13A  Boysenberry                        0.090000   1.000      1.000

12000900 12   Cherry                             0.040000   1.000      1.000

12000901 12   Cherry-babyfood                    0.040000   1.000      1.000

12000910 12   Cherry, juice                      0.040000   1.500      1.000

12000911 12   Cherry, juice-babyfood             0.040000   1.500      1.000

11001290 11   Crabapple                          0.229000   1.000      1.000

95001300 O    Cranberry                          0.070000   1.000      1.000

95001301 O    Cranberry-babyfood                 0.070000   1.000      1.000

95001310 O    Cranberry, dried                   0.070000   1.000      1.000

95001320 O    Cranberry, juice                   0.070000   1.100      1.000

95001321 O    Cranberry, juice-babyfood          0.070000   1.100      1.000

13021360 13B  Currant                            0.090000   1.000      1.000

13021370 13B  Currant, dried                     0.090000   1.000      1.000

13011420 13A  Dewberry                           0.090000   1.000      1.000

13021490 13B  Elderberry                         0.090000   1.000      1.000

14001550 14   Filbert                            0.080000   1.000      1.000

14001560 14   Filbert, oil                       0.080000   1.000      1.000

13021740 13B  Gooseberry                         0.090000   1.000      1.000

95001750 O    Grape                              0.060000   1.000      1.000

95001760 O    Grape, juice                       0.060000   1.200      1.000

95001761 O    Grape, juice-babyfood              0.060000   1.200      1.000

95001770 O    Grape, leaves                      0.060000   1.000      1.000

95001780 O    Grape, raisin                      0.060000   4.300      1.000

95001790 O    Grape, wine and sherry             0.060000   1.000      1.000

13021910 13B  Huckleberry                        0.090000   1.000      1.000

13012080 13A  Loganberry                         0.090000   1.000      1.000

12002300 12   Nectarine                          0.040000   1.000      1.000

12002600 12   Peach                              0.040000   1.000      1.000

12002601 12   Peach-babyfood                     0.040000   1.000      1.000

12002610 12   Peach, dried                       0.040000   7.000      1.000

12002611 12   Peach, dried-babyfood              0.040000   7.000      1.000

12002620 12   Peach, juice                       0.040000   1.000      1.000

12002621 12   Peach, juice-babyfood              0.040000   1.000      1.000

11002660 11   Pear                               0.229000   1.000      1.000

11002661 11   Pear-babyfood                      0.229000   1.000      1.000

11002670 11   Pear, dried                        0.229000   6.250      1.000

11002680 11   Pear, juice                        0.229000   1.000      1.000

11002681 11   Pear, juice-babyfood               0.229000   1.000      1.000

12002850 12   Plum                               0.040000   1.000      1.000

12002851 12   Plum-babyfood                      0.040000   1.000      1.000

12002860 12   Plum, prune, fresh                 0.040000   1.000      1.000

12002861 12   Plum, prune, fresh-babyfood        0.040000   1.000      1.000

12002870 12   Plum, prune, dried                 0.040000   5.000      1.000

12002871 12   Plum, prune, dried-babyfood        0.040000   5.000      1.000

12002880 12   Plum, prune, juice                 0.040000   1.400      1.000

12002881 12   Plum, prune, juice-babyfood        0.040000   1.400      1.000

13013200 13A  Raspberry                          0.090000   1.000      1.000

13013201 13A  Raspberry-babyfood                 0.090000   1.000      1.000

13013210 13A  Raspberry, juice                   0.090000   1.000      1.000

13013211 13A  Raspberry, juice-babyfood          0.090000   1.000      1.000

04023220 4B   Rhubarb                            0.050000   1.000      1.000

86010000 O    Water, direct, all sources         0.004600   1.000      1.000

86020000 O    Water, indirect, all sources       0.004600   1.000      1.000

Attachment 4: Results of Chronic Dietary Exposure Analysis

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for DICHLOBENIL                      (1994-98 data)

Residue file name: E:\dichlobenil\chronic dichlobenil041608-Dichlobenil.R98

                                                     Adjustment factor #2 used.

Analysis Date 04-16-2008/14:24:30     Residue file dated: 04-16-2008/14:23:34/8

Reference dose (RfD, Chronic) = .01 mg/kg bw/day

NOEL (Chronic) = 1 mg/kg bw/day

======================================================================== =======

                    Total exposure by population subgroup

------------------------------------------------------------------------ -------

                                                    Total Exposure

                                         -----------------------------------

          Population                         mg/kg       Margin of   Percent

           Subgroup                       body wt/day   Exposure 1/  of RfD

--------------------------------------   -------------  ----------  ---------

U.S. Population (total)                     0.000484        2,066        4.8%

U.S. Population (spring season)             0.000474        2,108        4.7%

U.S. Population (summer season)             0.000457        2,188        4.6%

U.S. Population (autumn season)             0.000509        1,965        5.1%

U.S. Population (winter season)             0.000495        2,020        5.0%

Northeast region                            0.000547        1,827        5.5%

Midwest region                              0.000480        2,082        4.8%

Southern region                             0.000422        2,372        4.2%

Western region                              0.000530        1,885        5.3%

Hispanics                                   0.000545        1,833        5.5%

Non-hispanic whites                         0.000471        2,122        4.7%

Non-hispanic blacks                         0.000478        2,092        4.8%

Non-hisp/non-white/non-black                0.000562        1,780        5.6%

All infants (< 1 year)                      0.002425          412       24.2%

Nursing infants                             0.001289          776       12.9%

Non-nursing infants                         0.002856          350       28.6%

Children 1-6  yrs                           0.002089          479       20.9%

Children 7-12 yrs                           0.000578        1,731        5.8%

Females 13-19 (not preg or nursing)         0.000297        3,364        3.0%

Females 20+ (not preg or nursing)           0.000256        3,903        2.6%

Females 13-50 yrs                           0.000302        3,311        3.0%

Females 13+ (preg/not nursing)              0.000428        2,337        4.3%

Females 13+ (nursing)                       0.000396        2,526        4.0%

Males 13-19 yrs                             0.000243        4,122        2.4%

Males 20+ yrs                               0.000233        4,297        2.3%

Seniors 55+                                 0.000277        3,610        2.8%

Children 1-2 yrs                            0.003000          333       30.0%

Children 3-5 yrs                            0.001815          551       18.2%

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 0.000270        3,710        2.7%

Females 13-49 yrs                           0.000258        3,872        2.6%

------------------------------------------------------------------------ -------

Dichlobenil	Dietary Exposure Assessment	DP Num:	346388

PC Code: 027401		Page:   PAGE  14  of   NUMPAGES  14