[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 35037-35043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16544]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300877; FRL-6086-4]
RIN 2070-AB78


Fludioxonil; Pesticide Tolerance for Emergency Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for 
residues of fludioxonil in or on caneberries. This action is in 
response to EPA's granting of an emergency exemption under section 18 
of the Federal Insecticide, Fungicide, and Rodenticide Act authorizing 
use of the pesticide on caneberries. This regulation establishes a 
maximum permissible level for residues of fludioxonil in this food 
commodity pursuant to section 408(l)(6) of the Federal Food, Drug, and 
Cosmetic Act, as amended by the Food Quality Protection Act of 1996. 
The tolerance will expire and is revoked on December 31, 2000.

DATES: This regulation is effective June 30, 1999. Objections and 
requests for hearings must be received by EPA on or before August 30, 
1999.
ADDRESSES: Written objections and hearing requests, identified by the 
docket control number [OPP-300877], must be submitted to: Hearing Clerk 
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
Washington, DC 20460. Fees accompanying objections and hearing requests 
shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA 
Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. 
Box 360277M, Pittsburgh, PA 15251. A copy of any objections and hearing 
requests

[[Page 35038]]

filed with the Hearing Clerk identified by the docket control number, 
[OPP-300877], must also be submitted to: Public Information and Records 
Integrity Branch, Information Resources and Services Division (7502C), 
Office of Pesticide Programs, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. In person, bring a copy of objections 
and hearing requests to Rm. 119, Crystal Mall 2 (CM#2), 1921 Jefferson 
Davis Hwy., Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Copies of electronic objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of objections and 
hearing requests will also be accepted on disks in WordPerfect 5.1/6.1 
or ASCII file format. All copies of electronic objections and hearing 
requests must be identified by the docket control number [OPP-300877]. 
No Confidential Business Information (CBI) should be submitted through 
e-mail. Copies of electronic objections and hearing requests on this 
rule may be filed online at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By mail: Stephen Schaible, 
Registration Division (7505C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location, telephone number, and e-mail address: Rm. 271, CM#2, 
1921 Jefferson Davis Hwy., Arlington, VA, (703) 308-9362, 
[email protected].

SUPPLEMENTARY INFORMATION: EPA, on its own initiative, pursuant to 
section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, is establishing a tolerance for residues of the 
fungicide fludioxonil, in or on caneberries at 2.0 parts per million 
(ppm). This tolerance will expire and is revoked on December 31, 2000. 
EPA will publish a document in the Federal Register to remove the 
revoked tolerance from the Code of Federal Regulations.

I. Background and Statutory Findings

    The Food Quality Protection Act of 1996 (FQPA) (Public Law 104-170) 
was signed into law August 3, 1996. FQPA amends both the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 301 et seq., and the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
seq. The FQPA amendments went into effect immediately. Among other 
things, FQPA amends FFDCA to bring all EPA pesticide tolerance-setting 
activities under a new section 408 with a new safety standard and new 
procedures. These activities are described in this preamble and 
discussed in greater detail in the final rule establishing the time-
limited tolerance associated with the emergency exemption for use of 
propiconazole on sorghum (61 FR 58135, November 13, 1996) (FRL-5572-9).
    New section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) defines ``safe'' to mean that ``there is a reasonable 
certainty that no harm will result from aggregate exposure to the 
pesticide chemical residue, including all anticipated dietary exposures 
and all other exposures for which there is reliable information.'' This 
includes exposure through drinking water and in residential settings, 
but does not include occupational exposure. Section 408(b)(2)(C) 
requires EPA to give special consideration to exposure of infants and 
children to the pesticide chemical residue in establishing a tolerance 
and to ``ensure that there is a reasonable certainty that no harm will 
result to infants and children from aggregate exposure to the pesticide 
chemical residue. . . .''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State 
agency from any provision of FIFRA, if EPA determines that ``emergency 
conditions exist which require such exemption.'' This provision was not 
amended by FQPA. EPA has established regulations governing such 
emergency exemptions in 40 CFR part 166.
    Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for 
pesticide chemical residues in food that will result from the use of a 
pesticide under an emergency exemption granted by EPA under section 18 
of FIFRA. Such tolerances can be established without providing notice 
or period for public comment.
    Because decisions on section 18-related tolerances must proceed 
before EPA reaches closure on several policy issues relating to 
interpretation and implementation of the FQPA, EPA does not intend for 
its actions on such tolerances to set binding precedents for the 
application of section 408 and the new safety standard to other 
tolerances and exemptions.

II. Emergency Exemption for Fludioxonil on Caneberries and FFDCA 
Tolerances

    According to the Applicant, weather conditions favorable to gray 
mold disease development, combined with pathogen resistance to existing 
registered fungicides, has contributed to an emergency condition for 
caneberry growers in the States of Washington and Oregon. The states 
claim that registered pesticides either do not provide an adequate 
level of economic control of gray mold fruit rot or are limited in the 
number of applications needed for season-long control. EPA has 
authorized under FIFRA section 18 the use of the product Switch 62.5 
WG, containing the active ingredients cyprodinil and fludioxonil, on 
caneberries for control of gray mold in Oregon and Washington. After 
having reviewed the submission, EPA concurs that emergency conditions 
exist for these States.
    As part of its assessment of this emergency exemption, EPA assessed 
the potential risks presented by residues of fludioxonil in or on 
caneberries. In doing so, EPA considered the safety standard in FFDCA 
section 408(b)(2), and EPA decided that the necessary tolerance under 
FFDCA section 408(l)(6) would be consistent with the safety standard 
and with FIFRA section 18. Consistent with the need to move quickly on 
the emergency exemption in order to address an urgent non-routine 
situation and to ensure that the resulting food is safe and lawful, EPA 
is issuing this tolerance without notice and opportunity for public 
comment under section 408(e), as provided in section 408(l)(6). 
Although this tolerance will expire and is revoked on December 31, 
2000, under FFDCA section 408(l)(5), residues of the pesticide not in 
excess of the amounts specified in the tolerance remaining in or on 
caneberries after that date will not be unlawful, provided the 
pesticide is applied in a manner that was lawful under FIFRA, and the 
residues do not exceed a level that was authorized by this tolerance at 
the time of that application. EPA will take action to revoke this 
tolerance earlier if any experience with, scientific data on, or other 
relevant information on this pesticide indicate that the residues are 
not safe.
    Because this tolerance is being approved under emergency 
conditions, EPA has not made any decisions about whether fludioxonil 
meets EPA's registration requirements for use on caneberries or whether 
a permanent tolerance for this use would be appropriate. Under these 
circumstances, EPA does not believe that this tolerance

[[Page 35039]]

serves as a basis for registration of fludioxonil by a State for 
special local needs under FIFRA section 24(c). Nor does this tolerance 
serve as the basis for any State other than Oregon and Washington to 
use this pesticide on this crop under section 18 of FIFRA without 
following all provisions of EPA's regulations implementing section 18 
as identified in 40 CFR part 166. For additional information regarding 
the emergency exemption for fludioxonil, contact the Agency's 
Registration Division at the address provided under the ``ADDRESSES'' 
section.

III. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. For further discussion of the 
regulatory requirements of section 408 and a complete description of 
the risk assessment process, see the final rule on Bifenthrin Pesticide 
Tolerances (62 FR 62961, November 26, 1997) (FRL-5754-7) .
    Consistent with section 408(b)(2)(D), EPA has reviewed the 
available scientific data and other relevant information in support of 
this action. EPA has sufficient data to assess the hazards of 
fludioxonil and to make a determination on aggregate exposure, 
consistent with section 408(b)(2), for a time-limited tolerance for 
residues of fludioxonil on caneberries at 5.0 ppm. EPA's assessment of 
the dietary exposures and risks associated with establishing the 
tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. The nature of the toxic effects caused by fludioxonil are 
discussed in this unit.

B. Toxicological Endpoint

    1. Acute toxicity. No endpoint was identified for acute dietary 
exposure. The OPP Toxicity Endpoint Selection Committee has concluded 
that the toxicology data base does not suggest the need for this 
assessment.
    2. Short- and intermediate-term toxicity. No toxicological 
endpoints of concern were identified for acute oral exposure, short-
term dermal exposure, or inhalation exposure for all time periods. Risk 
assessments for these exposure scenarios were not conducted.
    3. Chronic toxicity. EPA has established the Reference Dose (RfD) 
for fludioxonil at 0.03 milligrams/kilograms/day (mg/kg/day). This RfD 
is based on a no observed adverse effect level (NOAEL) of 3.3 mg/kg/
day, taken from a chronic feeding study in dogs, and an uncertainty 
factor of 100. The effect observed at the lowest observed adverse 
effect level (LOAEL) of 35.5 mg/kg/day was decreased body weight gain 
in females.
    4. Carcinogenicity. Fludioxonil has been classified as a Group D 
not classifiable as to human carcinogenicity, chemical by the Cancer 
Peer Review Committee. The Group D classification was based on the 
statistically significant increase in liver tumors in female rats for 
combined adenoma/carcinoma only, the lack of tumorigenic response in 
male rats or in either sex of the mouse, and the need for additional 
mutagenicity studies.

C. Exposures and Risks

    1. From food and feed uses. A tolerance has been established (40 
CFR 180.516) for the residues of fludioxonil, in or on potatoes at 0.02 
ppm. Fludioxonil is currently registered for use as a seed treatment on 
potatoes, popcorn, field and sweet corn, and sorghum, as well as for 
use in greenhouses on nonfood crops. Additionally, time-limited 
tolerances have been established for residues of fludioxonil on 
apricots, nectarines, peaches, plums, and strawberries. Risk 
assessments were conducted by EPA to assess dietary exposures and risks 
from fludioxonil as follows:
    i. Acute exposure and risk. Acute dietary risk assessments are 
performed for a food-use pesticide if a toxicological study has 
indicated the possibility of an effect of concern occurring as a result 
of a 1-day or single exposure. In reviewing the toxicity data base, no 
toxicological endpoints were identified which could be attributable to 
a single dietary exposure. Therefore a risk assessment for this 
exposure scenario was not conducted.
    ii. Chronic exposure and risk. Tolerance level residues and 100% 
crop treated were assumed to calculate Theoretical Maximum Residue 
Contribution (TMRCs) for the United States (U.S.) population and 
population subgroups from residues on published and proposed uses. 
Chronic exposure from food uses of fludioxonil represents 5% of the RfD 
for the U.S. population and 22% of the RfD for infants (<1yr), the 
subgroup most highly exposed.
     2. From drinking water.  Fludioxonil is not expected to impact 
ground or surface water resources. Available data suggest fludioxonil 
has a relatively low potential to leach to ground water and move in 
runoff to aquatic environments. There is no established Maximum 
Contaminant Level (MCL) for residues of fludioxonil in drinking water. 
No health advisory levels for fludioxonil in drinking water have been 
established.
    The Agency has calculated drinking water levels of comparison 
(DWLOCs) for chronic exposure to fludioxonil in surface and ground 
water. The DWLOCs are calculated by subtracting from the RfD the 
respective chronic dietary exposure attributable to food to obtain the 
acceptable exposure to fludioxonil in drinking water. Default body 
weight (70 kg for males, 60 kg for females, and 10 kg for non-nursing 
infants < 1 year old) and default drinking water consumption estimates 
(2 liter (L)/day for adults, 1 L/day for non-nursing infants) are then 
used to calculate the actual DWLOCs. The DWLOC represents the 
concentration level in surface water or ground water at which aggregate 
exposure to the chemical is not of concern.
    Using Generic (GENEEC (surface water)) and Screening Concentration 
in Ground Water (SCI-GROW (ground water)) models, the Agency has 
calculated chronic Tier I Estimated Environmental Concentrations (EECs) 
for fludioxonil for use in human health risk assessments. These values 
represent the upper bound estimates of the concentrations of 
fludioxonil that might be found in surface and ground water assuming 
the maximum application rate allowed on the label of the highest use 
pattern. The EECs from these models are compared to the DWLOCs to make 
the safety determination.
     i. Acute exposure and risk. In reviewing the toxicity data base, 
no toxicological endpoints were identified which could be attributable 
to a single dietary exposure. Therefore a risk assessment for this 
exposure scenario was not conducted.
    ii. Chronic exposure and risk.  Using the SCI-GROW model, the 
maximum long-term estimated concentration in ground water is not 
expected to exceed 0.08 parts per billion (ppb). The chronic estimated 
concentration in surface water, using the GENEEC model, is 7.8 ppb. The 
DWLOC for the U.S. population was calculated to be 999 ppb; the DWLOC 
for the most sensitive subgroup, infants less than 1 year old, was 
calculated to be 235 ppb. As even the upper bound concentrations of 
fludioxonil in ground water and surface water are not expected to 
exceed the

[[Page 35040]]

calculated DWLOC, the Agency concludes with reasonable certainty that 
chronic exposure to fludioxonil in drinking water is not of concern.
    3. From non-dietary exposure. Fludioxonil is currently not 
registered for use on residential, non-food sites; therefore, no non-
occupational, non-dietary exposure is expected.
    4. Cumulative exposure to substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) requires that, when considering 
whether to establish, modify, or revoke a tolerance, the Agency 
consider ``available information'' concerning the cumulative effects of 
a particular pesticide's residues and ``other substances that have a 
common mechanism of toxicity.''
    EPA does not have, at this time, available data to determine 
whether fludioxonil has a common mechanism of toxicity with other 
substances or how to include this pesticide in a cumulative risk 
assessment. Unlike other pesticides for which EPA has followed a 
cumulative risk approach based on a common mechanism of toxicity, 
fludioxonil does not appear to produce a toxic metabolite produced by 
other substances. For the purposes of this tolerance action, therefore, 
EPA has not assumed that fludioxonil has a common mechanism of toxicity 
with other substances. For more information regarding EPA's efforts to 
determine which chemicals have a common mechanism of toxicity and to 
evaluate the cumulative effects of such chemicals, see the final rule 
for Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997).

D. Aggregate Risks and Determination of Safety for U.S. Population

    1. Acute risk. In reviewing the toxicity data base, no 
toxicological endpoints were identified which could be attributable to 
a single dietary exposure. Therefore a risk assessment for this 
exposure scenario was not conducted.
    2. Chronic risk. Using the TMRC exposure assumptions described in 
this unit, EPA has concluded that aggregate exposure to fludioxonil 
from food will utilize 5% of the RfD for the U.S. population. The major 
identifiable subgroup with the highest aggregate exposure is infants 
less than 1 year in age (discussed below). EPA generally has no concern 
for exposures below 100% of the RfD because the RfD represents the 
level at or below which daily aggregate dietary exposure over a 
lifetime will not pose appreciable risks to human health. Estimated 
chronic environmental concentrations of fludioxonil in surface water 
and ground water do not exceed chronic DWLOCs calculated by the Agency. 
EPA does not expect the aggregate exposure to exceed 100% of the RfD.
    3. Short- and intermediate-term risk. Short- and intermediate-term 
aggregate exposure takes into account chronic dietary food and water 
(considered to be a background exposure level) plus indoor and outdoor 
residential exposure.
    Fludioxonil is currently not registered for use on residential, 
non-food sites; therefore, short- and intermediate-term aggregate risk 
assessments were not conducted.
    4. Aggregate cancer risk for U.S. population. Fludioxonil has been 
classified as a Group D- not classifiable as to human carcinogenicity- 
chemical by the Cancer Peer Review Committee. The Group D 
classification was based on the statistically significant increase in 
liver tumors in female rats for combined adenoma/carcinoma only, the 
lack of tumorigenic response in male rats or in either sex of the 
mouse, and the need for additional mutagenicity studies.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
from aggregate exposure to fludioxonil residues.

E. Aggregate Risks and Determination of Safety for Infants and Children

    1. Safety factor for infants and children-- i. In general. In 
assessing the potential for additional sensitivity of infants and 
children to residues of fludioxonil, EPA considered data from 
developmental toxicity studies in the rat and rabbit and a 2-generation 
reproduction study in the rat. The developmental toxicity studies are 
designed to evaluate adverse effects on the developing organism 
resulting from maternal pesticide exposure during gestation. 
Reproduction studies provide information relating to effects from 
exposure to the pesticide on the reproductive capability of mating 
animals and data on systemic toxicity.
    FFDCA section 408 provides that EPA shall apply an additional 
tenfold margin of safety for infants and children in the case of 
threshold effects to account for pre- and postnatal toxicity and the 
completeness of the data base unless EPA determines that a different 
margin of safety will be safe for infants and children. Margins of 
safety are incorporated into EPA risk assessments either directly 
through use of a margin of exposure (MOE) analysis or through using 
uncertainty (safety) factors in calculating a dose level that poses no 
appreciable risk to humans. EPA believes that reliable data support 
using the standard MOE and uncertainty factor (usually 100 for combined 
inter- and intra-species variability) and not the additional tenfold 
MOE/uncertainty factor when EPA has a complete data base under existing 
guidelines and when the severity of the effect in infants or children 
or the potency or unusual toxic properties of a compound do not raise 
concerns regarding the adequacy of the standard MOE/safety factor.
    ii. Developmental toxicity studies. In the rat developmental study, 
the maternal (systemic) NOAEL was 100 mg/kg/day, based on reduction in 
mean body weight gain in dams during gestation period at the LOAEL of 
1,000 mg/kg/day. The developmental (fetal) NOAEL was 100 mg/kg/day, 
based on increased fetal and litter incidence of dilated renal pelvis 
and dilated ureter at the LOAEL of 1,000 mg/kg/day. In the rabbit 
developmental toxicity study, the maternal (systemic) NOAEL was 10 mg/
kg/day, based on decreased body weight gains and food efficiency at the 
LOAEL of 100 mg/kg/day. The developmental (pup) NOAEL was 300 mg/kg/
day, the highest dose tested.
    iii. Reproductive toxicity study.  In the 2-generation reproductive 
toxicity study in rats, the parental (systemic) NOAEL was 22.13 mg/kg/
day (males) and 24.24 mg/kg/day (females), based on clinical signs and 
decreased body weight, body weight gain and food consumption at the 
LOAEL of 221.6 mg/kg/day (males) and 249.7 mg/kg/day (females). The 
reproductive/developmental (pup) NOAEL was 22.13 mg/kg/day (males) and 
24.24 mg/kg/day (females), based on reduced pup weights at the LOAEL of 
221.6 mg/kg/day (males) and 249.7 mg/kg/day (females).
    iv. Pre- and postnatal sensitivity. The toxicological data base for 
evaluating pre- and postnatal toxicity for fludioxonil is complete with 
respect to current data requirements. There are no pre- or postnatal 
toxicity concerns for infants and children, based on the results of the 
rat and rabbit developmental toxicity studies and the 2-generation rat 
reproductive toxicity study.
    v. Conclusion. There is a complete toxicity data base for 
fludioxonil and exposure data are complete or are estimated based on 
data that reasonably accounts for potential exposures.
    2. Acute risk.  In reviewing the toxicity data base, no 
toxicological endpoints were identified which could be attributable to 
a single dietary exposure. Therefore, a risk assessment for this 
exposure scenario was not conducted.
    3. Chronic risk. Using the exposure assumptions described in this 
unit, EPA has concluded that aggregate exposure

[[Page 35041]]

to fludioxonil from food will utilize 22% of the RfD for non-nursing 
and nursing infants less than 1 year old, the subgroups most highly 
exposed. EPA generally has no concern for exposures below 100% of the 
RfD because the RfD represents the level at or below which daily 
aggregate dietary exposure over a lifetime will not pose appreciable 
risks to human health. Because the chronic DWLOCs are not exceeded by 
estimated chronic environmental concentrations in ground water or 
surface water, EPA does not expect the aggregate exposure to exceed 
100% of the RfD.
    4. Short- or intermediate-term risk. Fludioxonil is currently not 
registered for use on residential, non-food sites; therefore, short- 
and intermediate-term aggregate risk assessments were not conducted.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to infants and children from aggregate exposure to fludioxonil 
residues.

IV. Other Considerations

A. Metabolism In Plants and Animals

     The nature of the residue in plants is adequately understood based 
on a metabolism study submitted for seed treatment use on potatoes. The 
residue of concern is the parent compound, fludioxonil, only. There are 
no livestock feed items associated with the proposed use on 
caneberries. Therefore, the nature of the residue in animals is not of 
concern with regard to the establishment of this tolerance.

B. Analytical Enforcement Methodology

    Adequate enforcement methodology high pressure liquid 
chromotography/using ultraviolet detection (HPLC/UV) is available to 
enforce the tolerance expression. The method may be requested from: 
Calvin Furlow, PRRIB, IRSD (7502C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Rm 101FF, CM #2, 1921 Jefferson 
Davis Hwy., Arlington, VA, (703) 305-5229.

C. Magnitude of Residues

    Residues of fludioxonil are not expected to exceed 5.0 ppm in/on 
caneberries as a result of the proposed section 18 use. Secondary 
residues are not expected in animal commodities as there are no feed 
items associated with use on caneberries.

D. International Residue Limits

     There are no Codex residue limits established for fludioxonil, and 
no Canadian or Mexican residue limits for fludioxonil use on 
caneberries.

E. Rotational Crop Restrictions

     As caneberries are not considered to be a rotated crop, no 
rotational crop data are required.

V. Conclusion

    Therefore, the tolerance is established for residues of fludioxonil 
in caneberries at 5.0 ppm.

VI. Objections and Hearing Requests

    The new FFDCA section 408(g) provides essentially the same process 
for persons to ``object'' to a tolerance regulation as was provided in 
the old section 408 and in section 409. However, the period for filing 
objections is 60 days, rather than 30 days. EPA currently has 
procedural regulations which govern the submission of objections and 
hearing requests. These regulations will require some modification to 
reflect the new law. However, until those modifications can be made, 
EPA will continue to use those procedural regulations with appropriate 
adjustments to reflect the new law.
    Any person may, by August 30, 1999, file written objections to any 
aspect of this regulation and may also request a hearing on those 
objections. Objections and hearing requests must be filed with the 
Hearing Clerk, at the address given under the ``ADDRESSES'' section (40 
CFR 178.20). A copy of the objections and/or hearing requests filed 
with the Hearing Clerk should be submitted to the OPP docket for this 
rulemaking. The objections submitted must specify the provisions of the 
regulation deemed objectionable and the grounds for the objections (40 
CFR 178.25). Each objection must be accompanied by the fee prescribed 
by 40 CFR 180.33(i). EPA is authorized to waive any fee requirement 
``when in the judgement of the Administrator such a waiver or refund is 
equitable and not contrary to the purpose of this subsection.'' For 
additional information regarding tolerance objection fee waivers, 
contact James Tompkins, Registration Division (7505C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location, telephone number, and e-mail 
address: Rm. 239, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA, 
(703) 305-5697, [email protected]. Requests for waiver of tolerance 
objection fees should be sent to James Hollins, Information Resources 
and Services Division (7502C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
     If a hearing is requested, the objections must include a statement 
of the factual issues on which a hearing is requested, the requestor's 
contentions on such issues, and a summary of any evidence relied upon 
by the requestor (40 CFR 178.27). A request for a hearing will be 
granted if the Administrator determines that the material submitted 
shows the following: There is genuine and substantial issue of fact; 
there is a reasonable possibility that available evidence identified by 
the requestor would, if established, resolve one or more of such issues 
in favor of the requestor, taking into account uncontested claims or 
facts to the contrary; and resolution of the factual issues in the 
manner sought by the requestor would be adequate to justify the action 
requested (40 CFR 178.32). Information submitted in connection with an 
objection or hearing request may be claimed confidential by marking any 
part or all of that information as CBI. Information so marked will not 
be disclosed except in accordance with procedures set forth in 40 CFR 
part 2. A copy of the information that does not contain CBI must be 
submitted for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice.

VII. Public Record and Electronic Submissions

    EPA has established a record for this regulation under docket 
control number [OPP-300877] (including any comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Rm. 119 of the Public Information and Records 
Integrity Branch, Information Resources and Services Division (7502C), 
Office of Pesticide Programs, Environmental Protection Agency, CM#2, 
1921 Jefferson Davis Hwy., Arlington, VA.
    Objections and hearing requests may be sent by e-mail directly to 
EPA at:

    [email protected]


    E-mailed objections and hearing requests must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption.
    The official record for this regulation, as well as the public 
version, as described in this unit will be kept in paper form. 
Accordingly, EPA will transfer any copies of objections and

[[Page 35042]]

hearing requests received electronically into printed, paper form as 
they are received and will place the paper copies in the official 
record which will also include all comments submitted directly in 
writing. The official record is the paper record maintained at the 
Virginia address in ``ADDRESSES'' at the beginning of this document.

VIII. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This final rule establishes a tolerance under section 408 of the 
FFDCA. The Office of Management and Budget (OMB) has exempted these 
types of actions from review under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993). This 
final rule does not contain any information collections subject to OMB 
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., or impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4). Nor does it require any special 
considerations as required by Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994), or require OMB 
review in accordance with Executive Order 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997).
    In addition, since tolerances and exemptions that are established 
on the basis of a petition under FFDCA section 408(l)(6), such as the 
tolerance in this final rule, do not require the issuance of a proposed 
rule, the requirements of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.) do not apply. Nevertheless, the Agency previously 
assessed whether establishing tolerances, exemptions from tolerances, 
raising tolerance levels or expanding exemptions might adversely impact 
small entities and concluded, as a generic matter, that there is no 
adverse economic impact. The factual basis for the Agency's generic 
certification for tolerance actions published on May 4, 1981 (46 FR 
24950), and was provided to the Chief Counsel for Advocacy of the Small 
Business Administration.

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create an unfunded Federal mandate on State, 
local, or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

IX. Submission to Congress and the Comptroller General

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

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: June 11, 1999.

James Jones,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

     Authority: 21 U.S.C. 321(q), 346(a) and 371.

    2. In Sec. 180.516, by alphabetically adding the commodity 
``Caneberries'' to the table in paragraph (b) to read as follows:


Sec. 180.516  Fludioxonil; tolerances for residues.

    (b)   *        *        *

[[Page 35043]]



 
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                                                                                          Expiration/revocation
                           Commodity                               Parts per million               date
----------------------------------------------------------------------------------------------------------------
                                      *        *        *        *        *
Caneberries...................................................                      5.0                 12/31/00
                                      *        *        *        *        *
----------------------------------------------------------------------------------------------------------------

*        *        *        *        *

[FR Doc. 99-16544 Filed 6-29-99; 8:45 am]
BILLING CODE 6560-50-F