[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12680-12683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5514]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0046; FRL-7347-3]


Fludioxonil; Notice of Filing a Pesticide Petition to Establish a 
Tolerance for a Certain Pesticide Chemical in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide 
petitions proposing the establishment of regulations for residues of a 
certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket ID number OPP-2004-0046, must be 
received on or before April 16, 2004.

ADDRESSES:  Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-3194; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111);
     Animal production (NAICS 112);
     Food manufacturing (NAICS 311);
     Pesticide manufacturing (NAICS).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2004-0046. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI)

[[Page 12681]]

or other information whose disclosure is restricted by statute. The 
official public docket is the collection of materials that is available 
for public viewing at the Public Information and Records Integrity 
Branch (PIRIB), Rm. 119, Crystal Mall 2, 1921 Jefferson Davis 
Hwy., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The docket 
telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at  http://www.epa.gov/edocket/ to submit or view 
public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Although not all docket 
materials may be available electronically, you may still access any of 
the publicly available docket materials through the docket facility 
identified in Unit I.B.1. Once in the system, select ``search,'' then 
key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2004-0046. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2004-0046. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2004-0046.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2004-0046. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically

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through EPA's electronic public docket or by e-mail. You may claim 
information that you submit to EPA as CBI by marking any part or all of 
that information as CBI (if you submit CBI on disk or CD ROM, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is CBI). 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. What Action is the Agency Taking?

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

List of Subjects

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

    Dated: March 4, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

Summary of Petition

    The petitioner summary of the pesticide petitions is printed below 
as required by FFDCA section 408(d)(3). The summary of the petitions 
was prepared by the petitioner and represents the view of the 
petitioner. The petition summary announces the availability of a 
description of the analytical methods available to EPA for the 
detection and measurement of the pesticide chemical residues or an 
explanation of why no such method is needed.

Interregional Research Project Number 4 (IR-4)

3E6551, 3E6639, 3E6701, and 3E6803

    EPA has received pesticide petitions (3E6551, 3E6639, 3E6701, and 
3E6803) from IR-4, 681 U.S. Highway 1 South, North Brunswick, 
NJ 08902-3390 proposing, pursuant to section 408(d) of FFDCA, 21 U.S.C. 
346a(d), to amend 40 CFR part 180.516 by establishing tolerances for 
residues of fludioxonil, 4-(2,2-difluoro-1,3-benzodioxol-4-yl)-H-
pyrrole-3-carbonitrile in or on the following raw agricultural 
commodities:
    1. PP 3E6551 proposes a tolerance for kiwifruit at 20 parts per 
million (ppm).
    2. PP 3E6639 proposes a tolerance for leafy greens subgroup 4A, 
except spinach at 30 ppm.
    3. PP 3E6701 proposes tolerances bean, dry and bean, succulent at 
0.4 ppm.
    4. PP 3E6742 proposes tolerances for fruit, pome, group 11 at 5.0 
ppm, yam at 8.0 ppm, and melon subgroup 9A at 0.03 ppm.
    5. PP 3E6803 proposes tolerances for citrus, crop group 10 at 10 
ppm; citrus, dried pulp at 20 ppm, citrus, oil at 500 ppm, and 
pomegranate at 2.0 ppm.
    EPA has determined that the petitions contain data or information 
regarding the elements set forth in section 408(d)(2) of FFDCA; 
however, EPA has not fully evaluated the sufficiency of the submitted 
data at this time or whether the data supports granting of the 
petitions. Additional data may be needed before EPA rules on the 
petitions. This notice includes a summary of petitions prepared by 
Syngenta Crop Protection, Inc., Greensboro, NC 27409.

A. Residue Chemistry

    1. Plant metabolism. The metabolism of fludioxonil is adequately 
understood for the purpose of the proposed tolerances.
    2. Analytical method. Syngenta has developed and validated 
analytical methodology for enforcement purposes. This method (Syngenta 
Crop Protection Method AG-597B) has passed an Agency petition method 
validation for several commodities, and is currently the enforcement 
method for fludioxonil. This method has also been forwarded to the Food 
and Drug Administration for inclusion into PAM II. An extensive 
database of method validation data using this method on various crop 
commodities is available.
    3. Magnitude of residues. Complete residue data for the crops 
requested in this filing have been submitted. The requested tolerances 
are adequately supported.

B. Toxicological Profile

     An assessment of toxic effects caused by fludioxonil is discussed 
in Unit III. A. and Unit III. B. of the Federal Register dated August 
2, 2002 (67 FR 50354) (FRL-7188-7).
    1. Animal metabolism. The metabolism of fludioxonil in rats is 
adequately understood.
    2. Metabolite toxicology. The residues of concern for tolerance 
setting purposes is the parent compound. Consequently, there is no 
additional concern for toxicity of metabolites.
    3. Endocrine disruption. Fludioxonil does not belong to a class of 
chemicals known for having adverse effects on the endocrine system. No 
estrogenic effects have been observed in the various short- and long-
term studies conducted with various mammalian species.

C. Aggregate Exposure

    1. Dietary exposure--i. Food. Tier III acute and chronic dietary 
exposure evaluations were made using the Dietary Exposure Evaluation 
Model (DEEM\TM\), version 7.87 from Exponent. Empirically derived 
processing factors for apple juice (0.09X), apple pomace (6.77X) and 
grape juice (0.36X) were used in these assessments. The apple juice 
processing factor was used as a surrogate for pear juice. All other 
processing factors used

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the DEEM\TM\ defaults. All consumption data for these assessments was 
taken from the USDA's Continuing Survey of Food Intake by individuals 
(CSFII) with the 1994-96 consumption database and the Supplemental 
CSFII children's survey (1998) consumption database. These exposure 
assessments included all registered uses and pending uses on leafy 
greens subgroup 4A, except spinach, beans, dry and succulent, kiwi 
fruit, citrus crop group, citrus, dried pulp, citrus, oil, pomegranate, 
pome fruit group 11, yam, and melon subgroup 9A. Secondary residues in 
animal commodities were estimated based on theoretical worst-case, yet 
nutritionally adequate animal diets and transfer information from 
feeding studies.
    ii. Drinking water. Fludioxonil rapidly degrades via photolysis on 
the soil surface and in water. The half-lives are 1 day and 10 days, 
respectively. This potential for rapid degradation reduces the 
potential for ground water or surface water exposure. Fludioxonil 
Kocs range from 991 to 2,440 indicating a relatively high 
affinity for binding to soil. Estimated Environmental Concentrations 
(EECs) of fludioxonil in drinking water were determined for the highest 
use rate of fludioxonil (turfgrass use). Screening Concentration in 
Ground Water (SCI-GROW) (Version 2.2) was used to determine acute and 
chronic EECs in ground water and Food Quality Protection Act (FQPA) 
Index Reservoir Screening Tool (FIRST) (Version 1.0) was used to 
determine acute and chronic EECs in surface water. Based on the model 
outputs, the ground water EECs for fludioxonil are 0.174 parts per 
billion (ppb) for acute and chronic exposure. The surface water EECs 
were 70 ppb and 26 ppb for acute and chronic exposure, respectively.
    2. Non-dietary exposure. There is a potential residential post-
application exposure to adults and children entering residential areas 
treated with fludioxonil. Since the Agency did not select a short-term 
endpoint for dermal exposure, only intermediate dermal exposures were 
considered. Based on the residential use pattern, no long-term post-
application residential exposure is expected.

D. Cumulative Effects

    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. For the purposes of this tolerance action, 
EPA has not assumed that fludioxonil has a common mechanism of toxicity 
with other substances.

E. Safety Determination

    1. U.S. population--i. Acute: For the purpose of the aggregate risk 
assessment, the exposure value was expressed in terms of margin of 
exposure (MOE), which was calculated by dividing the no observable 
adverse effect level (NOAEL) by the exposure for each population 
subgroup. In addition, exposure was expressed as a percent of the acute 
reference dose (%aRfD). Acute exposure to the females 13-50 years 
subpopulation resulted in a MOE of 1,919 (5.2% of the acute RfD of 1.0 
milligrams/kilograms - bodyweight/day (mg/kg-bw/day)). Since the 
benchmark MOE for this assessment was 100 and since EPA generally has 
no concern for exposures below 100% of the RfD, Syngenta believes that 
there is a reasonable certainty that no harm will result from dietary 
(food) exposure to residues arising from the current and proposed uses 
for fludioxonil.
    Acute drinking water levels of comparison (DWLOC) were calculated 
based on an acute populated adjusted dose (aPAD) of 1 mg/kg/day. The 
females (13-50 years) subpopulation generated an acute DWLOC of 
approximately 28,440 ppb. The acute EEC of 70 ppb is considerably less 
than 28,440 ppb. The chronic and aggregate risk from fludioxonil 
residues in food and drinking water would; therefore, not be expected 
to exceed the EPA's level of concern.
    ii. Chronic: The chronic exposure to the most exposed sub-
population (children 1 and 2 years old) resulted in a MOE of 753 (13.3% 
of the chronic RfD of 0.033 mg/kg-bw/day). The chronic dietary exposure 
analysis (food only) indicated that exposure from all established and 
proposed fludioxonil uses would be 13.3% of the chronic RfD of 0.033 
mg/kg-bw/day for the most sensitive subpopulation, children 1 and 2 
years old.
    Estimated concentrations of fludioxonil residues in surface and 
ground water were below the calculated acute DWLOC. The children 1 and 
2 years old subpopulation had the lowest chronic DWLOC of approximately 
286 ppb, which is considerably higher than the chronic EEC of 26 ppb.
    Based on the completeness and reliability of the toxicity data 
supporting these petitions, and the results of the above exposure 
calculations, Syngenta believes that there is a reasonable certainty 
that no harm will result from aggregate exposure to residues arising 
from all current and proposed fludioxonil uses, including anticipated 
dietary exposure from food, water, and all other types of non-
occupational exposures.
    2. Infants and children. No additional FQPA safety factor was 
applied. Syngenta has considered the potential aggregate exposure from 
food, water and non-occupational exposure routes and concluded that 
aggregate exposure is not expected to exceed 100% of the chronic 
reference dose and that there is a reasonable certainty that no harm 
will result to infants and children from the aggregate exposure to 
fludioxonil.
[FR Doc. 04-5514 Filed 3-16-04; 8:45 am]
BILLING CODE 6560-50-S