[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12670-12676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-553]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0011; FRL-7343-5]


Ammonium Nonanoate; 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 a pesticide 
petition proposing the establishment of regulations for residues of the 
pesticide chemical ammonium nonanoate in or on various food 
commodities.

DATES: Comments, identified by docket ID number OPP-2004-0011, 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: Bipin Gandhi, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8380; 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, food manufacturer, or pesticide manufacturer. Potentially 
affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

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

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2004-0011. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in 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.

[[Page 12671]]

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-2004-0011. 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-2004-0011. 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-2004-0011.
    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-2004-0011. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

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

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

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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 petition is printed below 
as required by FFDCA section 408(d)(3). The summary of the petition was 
prepared by the petitioner and represents the view of the petitioner. 
The summary may have been edited by EPA if the terminology used was 
unclear, the summary contained extraneous material, or the summary 
unintentionally made the reader conclude that the findings reflected 
EPA's position and not the position 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.

Falcon Lab LCC

PP 3E6789

    EPA has received a pesticide petition (PP 3E6789) from Falcon Lab 
LLC, 1103 Norbee Drive, Wilmington, DE 19803 proposing, pursuant to 
section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a(d), to amend 40 CFR part 180 to establish an exemption from 
the requirement of a tolerance for ammonium nonanoate in or on all raw 
agricultural commodity. EPA has determined that the petition contains 
data or information regarding the elements set forth in section 
408(d)(2) of the FFDCA; however, EPA has not fully evaluated the 
sufficiency of the submitted data at this time or whether the data 
support granting of the petition. Additional data may be needed before 
EPA rules on the petition.

A. Residue Chemistry

    1. Plant metabolism. In solution, ammonium nonanoate (CAS No. 112-
05-0) is ionized and occurs as the straight chain C-9 nonanoic acid and 
the ammonium ion. Nonanoic acid is metabolized by beta-oxidation and by 
respiration through the citric acid cycle, converted to carbon dioxide 
and water. Suryanarayanan and McConnell (Ref. 1) showed the tracer in 
nonanoic acid-1-C14 was 98% assimilated into metabolites by beta-
oxidation to acetyl CoA and utilized via the glyoxylate cycle in wheat 
stem rust uredospores.
    2. Analytical method. In the Federal Register of February 19, 2003 
(68 FR 7931) (FRL-7278-7), it is indicated that the analytical method 
for nonanoic acid is being made available to anyone interested in 
pesticide enforcement when requested, from Norm Cook, Antimicrobials 
Division (7510C), Office of Pesticide Programs, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. Office location and telephone number: 1921 Jefferson Davis 
Highway, 3rd Floor, Arlington, VA 22202, (703) 308-8253.
    3. Magnitude of residues. Nonanoic acid is a naturally occurring 
component of fatty acids in plants (68 FR 7931). Lowfat chedder cheese 
contained small amounts of nonanoic acid (Ref. 2). Nonanoic acid is 
naturally present at levels up to 224 parts per billion (ppb) in 
apples, 385 parts per million (ppm) in the skin of grapes, and 143 ppm 
in grape pulp. It is present in a number of other foods as well. An 
average serving of grapes containing 385 ppm of nonanoic acid in the 
grape skins would result in exposure to nonanoic acid to an average 
consumer of 164 [mu]g/kg/day (68 FR 7931).
    Nonanoic acid may be safely used as synthetic food flavoring 
substances and adjuvants in food in the minimum quantity required to 
reproduce the intended effect (21 CFR 172.515). Nonanoic acid may be 
used in an aliphatic acid mixture for washing or to assist in the 
peeling of fruits and vegetables. The aliphatic acid mixture may be 
used at a level not to exceed 1% in the lye peeling solution (21 CFR 
173.315), (68 FR 7931).

B. Toxicological Profile

    1. Acute toxicity. Undiluted nonanoic acid administered orally to 
rats at a dose of 3,200 milligrams/kilogram (mg/kg) did not cause death 
which indicated a lethal dose LD50 3,200 mg/kg; however, 
deaths did occur at this dose level when the chemical was administered 
intraperitoneally (IP) for an IP LDL0 = 3,200 mg/kg. More recently, 
nonanoic acid of unspecified source administered orally to rats and 
mice had an LD50 5,000 mg/kg for both rat and mouse. For 
male rats, the oral LD50 >9,000 mg/kg.
    Nonanoic acid, as undiluted material, administered to mice by the 
intravenous route (IV) had an IV LD50 = 224 mg/kg. A 10% 
solution of nonanoic acid in corn oil failed to kill mice at a dose of 
3,200 mg/kg when given orally (mouse oral LDL50 3,200 mg/
kg), but caused death at a dose of 1,600 mg/kg by the intraperitoneal 
route (mouse IP LDL0 = 1,600 mg/kg). Symptoms in mice included labored 
respiration and roughing of the coat and death was observed as soon as 
4 days after treatment.
    The dermal LD50 for undiluted nonanoic acid in rabbits 
has been reported to be LD50 5,000 mg/kg. Nonanoic acid from 
an unspecified source caused a dermal LD50 2,000 mg/kg on 
rats.
    Application of nonanoic acid to intact and abraded skin of rabbits 
had an LD50 9,000 mg/kg, and caused moderate to severe 
irritation.
    These data indicate nonanoic acid has low acute toxicity by 
intraperitoneal, oral or dermal routes. Intravenous exposure to 
ammonium nonanoate (nonanoic acid) is irrelevant to its use as an inert 
ingredient pesticide products. Intraperitoneal nonanoic acid may occur 
via skin wounds, but the relatively low acute toxicity would be of low 
risk. Oral and dermal exposure to nonanoic acid are of very low risk.
    Nonanoic acid was delivered at 0.46 mg/liter (mg/L) as an aerosol 
for 4 hours (h) to 10 rats without any mortality; however, at 3.8 mg/L, 
80% mortality occurred. Relatively low degree of toxicity occurred 
following inhalation of the aerosol. Respiratory irritation was 
observed at both dose levels.
    Acute toxicity to other environmental species has been determined 
for a fatty acid similar to nonanoic acid. Fatty acid sodium salts were 
found to be less toxic than the parent acids, and toxicities of both 
increased with chain length (between 6 and 12 carbons). For capric acid 
(decanoic acid) C-10 in fresh water, the 48 hr lethal concentration 
(LC)50 for red killifish (Oryzias latipes) and

[[Page 12673]]

gammarus (Hyale plumulosa) were 20 and 41 mg/L, respectively. Sodium 
caprate was less toxic than the acid to killifish (54 mg/L). Based on 
these data, nonanoic acid in the ammonium salt form (ammonium 
nonanoate) would be expected to be no more than slightly toxic to 
aquatic fauna.
    Toxicity to algae may be estimated by comparison with data for 
soaps in general. For example, an LC50 range of 180-320 mg/L 
has been reported for Chlorella vulgaris. Therefore, nonanoic acid as 
the potassium or sodium salt would not be expected to be significantly 
toxic to algae at these low concentrations of approximately 0.032% w/w 
(320 ppm).
    Toxicity to fish, fathead minnow (Pimephales promelas), for 96 hr 
exposure was reported to be LC50 = 104 ppm.
    Fatty acids are toxic to aquatic invertebrates, but only slightly 
toxic to cold and warm water fish species (RED: Soap Salts; EPA-738-R-
92-015). However, fatty acids are rapidly destroyed by microbial action 
and sorption or formation of insoluble salts of calcium or magnesium in 
soil and water. The proposed uses for nonanoic acid (ammonium 
nonanoate) as an inert would not be applied near water or on drainage 
ditches or onto marsh, ponds, lakes, streams or rivers.
    Nonanoic acids are relatively non-toxic to waterfowl and upland 
game birds (RED: Soap Salts; EPA-738-R-92-015).
    As a result of a number of acute toxicity studies, technical 
nonanoic acid is placed in the following Toxicity Categories: Primary 
eye irritation (Toxicity Category II); acute dermal and inhalation 
toxicity (Toxicity Category III); acute oral toxicity (Toxicity 
Category IV). Sensitization test results showed that nonanoic acid 
cannot be considered a dermal sensitizer (68 FR 7931).
    2. Genotoxicity. It was reported that the Ames Test (Salmonella/
reverse mutation assay) showed nonanoic acid to be non-mutgenic. 
Similarly, an in vivo cytogenetics study using micronucleus assay gave 
a negative result. In a mouse lymphoma forward mutation study, nonanoic 
acid appears to induce a weak mutagenic response at or higher than 50 
milligrams/milliliter (mg/mL) level. This was observed in the presence 
of increasing toxicity, and may be an indication of gross chromosomal 
changes or damage and not actual mutational changes within the 
thymidine kinese gene locus (68 FR 7931).
    A dermal carcinogenicity study was performed on the shaved skin 
area of 50 mice and treated twice-weekly with 50 mg doses of undiluted 
nonanoic acid for 80 weeks. No evidence of severe dermal irritation or 
systemic toxicity was seen. Histopathology revealed no tumors of the 
skin or the internal organs (68 FR 7931).
    3. Reproductive and developmental toxicity. Development toxicity 
was conducted on a group of 22 pregnant Crl: COBS CD(SD)BR rats. These 
rats were treated with nonanoic acid in corn oil at a dose of 1,500 mg/
kg on gestation days 6 through 15 (both days inclusive). Maternal body 
weight was not significantly affected during the treatment. Only 1 out 
of 22 animals showed signs of clinical toxicity. No significant 
histopathology signs were observed in the maternal animals. Nonanoic 
acid treatment did not have any significant effect on cesarean section 
observations. Four fetuses in one litter showed a higher incidence of 
cleft palate compared to the control mean. For maternal toxicity, EPA 
determined the no observed adverse effect level (NOAEL) to be greater 
than 1,500 mg/kg/day. Because fetal effects were observed at 1,500 mg/
kg/day, the NOAEL for developmental toxicity was not determined. EPA 
has determined that this dose is in excess of the Agency's limit dose 
for toxic effects. The type and level of exposure expected from the 
active ingredient use of this chemical is much lower than the dose 
level shown in the study (68 FR 7931).
    Nonanoic acid was weakly positive for inducing mutations in mouse 
lymphoma cells. Mutations were induced with nonanoic acid at greater 
than or equal to 50 [mu]g/mL. Since the mutations were observed with 
severe cytotoxicity and small colony development, the observed 
mutations may have been an aberration caused by cell damage and not 
actual mutational changes (61 FR 5716) (February 14, 1996) (FRL-5348-
9).
    Nonanoic acid as single oral doses of 1,250, 2,500 and 5,000 mg/kg 
to ICR mice followed by bone marrow harvest at 24, 48 and 72 hr after 
treatment, did not significantly increase micronucleated polychromatic 
erythrocytes which indicated a negative micronucleus assay test (61 FR 
5716).
    4. Subchronic toxicity.In an oral toxicity study (conducted for 14 
days), no systemic toxicity was observed with either sex (animal 
species unspecified) even at the highest nonanoic acid dose tested, 
20,000 ppm (1,834 mg/kg/day). In addition, nonanoic acid showed no 
adverse effects on survival, clinical signs, body weight gain, food 
consumption, hematology, clinical chemistry or gross pathology. For 
each dose, three animals per sex were tested. However, the study did 
not report organ weights and histopathology. This was considered a 
deficiency in this study. Nevertheless, the Agency determined that 
because no toxic effects were observed at a very high level dose 
approaching 2,000 mg/kg, a 90-day oral study was not necessary (68 FR 
7931).
    Nonanoic acid at 80, 40, 20 and 10% applied as a 15 micro-liter 
aliquot to patches placed on the lower back of 152 women for 47 hr and 
evaluated at 48 and 96 hr indicated erythema (redness) decreased with 
time for all concentrations, but the higher concentrations increased 
surface changes with time (Ref. 3). Reiche et al. suggested nonanoic 
acid was an irritant rather than an allergen regardless of the increase 
in skin reaction over patch test exposure time. The skin reaction to 
10% nonanoic acid for 47 hr was considered to be mild by the National 
Institute of Occupational Safety and Health (NIOSH).
    Solutions of nonanoic acid at 0.5 M or 1.0 M in propanol 
(approximately 10 to 20% w/w) caused skin irritation when applied under 
occlusive patches in 25 human volunteers. A 20% nonanoic acid solution 
in propanol and applied as a patch test produced skin reactions in 94% 
of 116 healthy male volunteers. The lesions consisted of mainly 
erythema (redness) at 48 hr and pigmentation at 96 hr (Ref. 4).
    Forty two nonatopic healthy male subjects of 18 to 47 years of age 
had 3 to 10 patch tests on the volar area of the forearm applied with 8 
mm Finn Chambers which were assessed by two independent readers at 48 
hr post application. A six point grading scale from no visible reaction 
to intense erythema with bulbous formation indicated chemical 
concentrations which produced patch test reactions of less than or 
equal to 2+ in at least 75% of the subjects as follows: 0.5% 
Benzalkonium-chloride, 5% sodium lauryl sulfate, 0.8% croton-oil, 0.02 
dithranol, 80% nonanoic acid (propanol solution), 100% propylene glycol 
and 2% sodium hydroxide (Ref. 5).
    One hundred hospitalized patients with different types of skin 
disease were patch tested with nonanoic acid with a 48 hr contact 
period followed by evaluation at 1 and 72 hr after patch removal. The 
nonanoic acid concentration to produce a discernible irritation 
reaction in 50% of the population (ID50) was calculated by conventional 
probit analysis. The calculated ID50 for males and females was 5.3 and 
6.4%, respectively, nonanoic acid concentration. Three of 100 patients 
reacted to 1% nonanoic

[[Page 12674]]

acid and all reacted to 20 to 39.3% nonanoic acid (Ref. 6). NIOSH 
reported an 80 and 20% nonanoic acid solution with 48 and 24 hr human 
skin contact, respectively, caused moderate skin irritation.
    Sensitization reactions were not observed in 25 human volunteers 
after patch testing with 12% nonanoic acid solution in petroleum ether.
    Nonanoic acid is a non-sensitizing irritant which means it does not 
cause allergic reactions in most humans. Nonanoic acid is lipophilic 
and non-sensitizing.
    Nonanoic acid at a dose of 500 mg/kg in contact with rabbit skin 
for 24 hr was a moderate irritant. Nonanoic acid in an undiluted form 
produced severe skin irritation in guinea pigs when applied to the 
skin.
    A 28-day dermal toxicity study conducted on rabbits was submitted 
to EPA under TSCA section 8(e). Five male and five female New Zealand 
white rabbits were dermally treated with nonanoic acid present in 
mineral oil. In all, 10 applications were made (5 per week) at a dose 
level of 500 mg/kg/day (25% w/w). A 2-week recovery period was allowed 
for selected rabbits. During the first and second week of treatment 
slight body weight loss and decreased food consumption were observed. 
One female rabbit showed ocular discharge and hypoactivity during the 
second week of treatment. All rabbits dermally treated with nonanoic 
acid by day 14 showed signs of severe erythema and moderate edema. 
Dermal reactions consisting of moderate desquamation, moderate 
fissuring, eschar, exfoliation and necrosis were also observed at day 
14. By day 29, all dermal reactions had reversed. It was evident that 
at the treatment level of 500 mg/kg/day of nonanoic acid, significant 
dermal signs of toxicity were observed but no significant systemic 
reaction (68 FR 7931). There is additional information on the previous 
study with 10 New Zealand rabbits which showed that mortality did not 
occur and microscopic effects on kidneys, liver, lungs, heart and 
brains were not observed. Slight to severe skin irritation occurred in 
the first week and progressed to necrosis in the second week. Skin 
irritation on four rabbits subsided during 2 weeks of recovery after 
treatments ended. NIOSH characterized the effect on rabbit skin, in the 
previous study, as moderate.
    Severe irritation was produced by the application of 91 mg of 
nonanoic acid to the rabbit eye. This same study was reported for 
nonanoic acid as severely irritating to rabbit eyes and aerosols are 
also an eye irritant. NIOSH reported two eye irritation studies which 
showed 91 mg of nonanoic acid caused severe rabbit eye injury as 
reported above and published in 1964, but another study, published in 
1999, with a 100 uL (0.1 mL = approx one drop) dose or droplet to the 
rabbit eye caused only mild injury. Since the source of nonanoic acid 
is unknown in the 1999 study, it is impossible to compare the actual 
dose; however, since nonanoic acid has a density less than water, the 
doses used in these studies would appear similar. Therefore, these 
results would appear inconclusive for eye irritation or indicate a 
rather large range of experimental error.
    Rats exposed to atmospheric concentrations of 840 mg/cubic-meter 
(125 ppm) nonanoic acid for a period of 6 hr showed no symptoms of 
toxicity. However, in another study, test animals (species not 
specified) subjected to an atmospheric concentration of 3.75 mg/L 
(1,150 ppm) nonanoic acid for a period of 6 hr developed clinical signs 
of nasal discharge, blinking, and labored breathing. Inhalation 
exposure indicated nonanoic acid was a respiratory irritant.
    5. Chronic toxicity. Oral exposure of 8 male rats to nonanoic acid 
at 4.17% in the diet (approximately 2,100 g/kg/day) for 4 weeks had no 
effect on survival. A slight 4% decrease in mean growth was observed, 
but not statistically significant.
    A study on chronic toxicity/carcinogenicity in mice was conducted 
for 80 weeks. A dose of 50 mg of nonanoic acid was dermally applied to 
each shaved mouse twice/day for 80 weeks. Histopathology showed no non-
neoplastic or neoplastic lesions on skins and internal organs of mice. 
The Agency concluded that this study although not exactly conducted 
according to guideline, adequately assesses the chronic toxicity and 
the carcinogenic potential of nonanoic acid via the dermal route (68 FR 
7931).
    6. Animal metabolism. Mammals, birds and invertebrates consume 
fatty acids as a normal constituent of their daily diet (RED: Soap 
Salts; EPA-738-R-92-015) and would metabolize nonanoic acid via normal 
respiration, the same as plants.
    7. Metabolite toxicology. Nonanoic acid, as a straight chain carbon 
molecule, would be metabolized by beta-oxidation to form acetate 
molecules which enter the citric acid cycle and are metabolized to 
carbon dioxide, water and energy. None of the metabolites would be 
considered to have any toxicological risk.
    8. Endocrine disruption. Straight chain carbon molecules, as in the 
C9 carbon chain of nonanoic acid would be unlikely to cause a risk of 
endocrine disruption. Nonanoic acid occurs naturally in plants and 
animals.

C. Aggregate Exposure

    1. Dietary exposure. The Food and Drug Administration has cleared 
nonanoic acid as a synthetic food flavoring agent (21 CFR 172.515), as 
an adjuvant, production aid and sanitizer to be used in contact with 
food (21 CFR 178.1010(b)) and in washing or to assist in lye peeling of 
fruits and vegetables (up to 1%) (21 CFR 173.315). Nonanoic acid is 
also exempt from the requirement of a tolerance when used in or on all 
food commodities, as a plant regulator on plants, seeds, or cuttings 
after harvest in accordance with Good Agricultural Practices (GAP). It 
is also exempt from a tolerance when used as a herbicide on all plant 
food commodity provided that allocations are not made directly to the 
food commodity except when used as a harvest aid or desiccant to any 
root or tuber vegetable, bulb, or cotton (40 CFR 180.1159), (68 FR 
7931). Applications of ammonium nonanoate (dissociated into nonanoic 
acid), as an inert ingredient additive, would potentially contact all 
plant parts of food crops.
    A calculation of the dietary exposure is complicated by the 
exemption from tolerance for nonanoic acid and particularly for the 21 
CFR 172.515 rule which allows direct addition of nonanoic acid into 
food at the minimum quantity required to produce the desired effect. 
However, in the aggregate, the daily consumption of nonanoic acid is 
probably less than 1 mg/kg/day. The worst case scenarios presented 
indicate nonanoic acid exposure as tens of [mu]g/kg/day. Based on cited 
public data in this document, the no effect level for mice and rats for 
ingested nonanoic acid is 3,000 mg/kg/day and the estimated maximum 
human dietary exposure is 0.030 mg/kg/day; therefore, a 10,000 fold 
safety factor or greater is estimated for nonanoic acid in food. 
However, since nonanoic acid is rapidly metabolized in the human 
digestive system, the estimated safety factor is a temporal and minimal 
estimate. The petitioner believes that the surfactant properties of 
ammonium nonanoate (nonanoic acid) should enhance the efficacy of 
pesticides with a concomitant reduction of pesticide rates and reduce 
dietary exposure to pesticides.
    i. Food. For nonanoic acid as a sanitizer use, a worst case dietary 
exposure estimate has been calculated, assuming that all food consumed 
by an adult or child has contacted a sanitized surface using pelargonic 
acid (nonanoic acid), that a 1 mg square centimeter (sq

[[Page 12675]]

cm) sanitizer residue remains on the surface, and that 100% of the 
residue (170 ppm) is transferred to the food from the surface. Using 
these assumptions, in which all food contacts 4,000 sq cm of sanitized 
non-porous food-contact surfaces a worst case dietary exposure of 680 
[mu]g/day is calculated. For a 70 kg adult this becomes 9.7 [mu]g/kg/
day and for a 15 kg child, exposure is calculated as 45 [mu]g/kg/day 
(68 FR 7931).
    For a typical use as an inert ingredient, nonanoic acid as ammonium 
nonanoate at a concentration of 0.5% w/w in the dilute spray solution 
applied in 20 gal/acre spray volume would apply approximately 8.7 mg/sq 
ft of ammonium nonanoate of which 7.8 mg is nonanoic acid. If we assume 
8 cucumbers of 4.0 lb total weight completely covered the 1 sq ft area, 
the consumption of one-half of one cucumber (0.25 lb raw cucumber) 
would result in an exposure to 0.5 mg nonanoic acid. Therefore, the 
calculated exposure to a typical 70 kg adult would be 7 [mu]g/kg/day; 
and for a child of 15 kg, the exposure would be 33 [mu]g/kg/day 
nonanoic acid. The calculated human exposure would be the same for one 
cucumber or more per sq ft because the application is uniformly applied 
to the soil surface area or crop laying on the soil surface. The actual 
exposure in the cucumber example should be less than calculated because 
the consumption was assumed to occur on the day of application without 
cucumber washing or preparation and without consideration of normal 
interception of some of the spray application by plant foliage.
    Some pesticide applications are directed sprays which would reduce 
potential contact with the edible plant parts. Translocation of 
nonanoic acid is unlikely to occur since its mode of action is a 
physical reaction with cell membranes as a lipophilic chemical. The 
petitioner believes that ammonium nonanoate would be a more acceptable 
adjuvant alternative to many surfactants in use today.
    ii. Drinking water. Nonanoic acid, as an inert ingredient in 
pesticide formulations should not be applied near or on potable water. 
The rapid dissipation of nonanoic acid in soil, with an estimated soil 
half-life of 1-day for fatty acids, should mitigate any potential for 
water contamination by run-off from treated fields. Drainage ditches 
and lakes, ponds, streams and rivers will be prohibited from nonanoic 
acid application. KX-6116 as a sanitizer contained nonanoic acid as its 
active component and low concentrations of nonanoic acid could be 
expected to be introduced into drinking water. However, EPA concluded 
exposure through drinking water was expected to be low and not of 
significance (68 FR 7931). The petitioner believes that ammonium 
nonanoate (nonanoic acid) as an inert ingredient is not expected to be 
applied near drinking water sources. Rapid metabolism of nonanoic acid 
in 1 to 9 days in soil should prevent potential contamination of 
surface water or ground water (68 FR 7931). The soil half-life of fatty 
acids was estimated to be less than 1-day (RED: Soap Salts; EPA-738-R-
92-015).
    The nonanoic acid log octanol/water partition coefficient is 3.42 
which indicated the hydrophobic molecule, nonanoic acid, would have a 
very strong affinity to the organic matter in soil and would not leach 
into ground water. Microbial degradation in soil, which proceeds at a 
half-life rate of 1-day for fatty acids, would probably rapidly 
eliminate the strongly adsorbed nonanoic acid from soil. These factors 
would probably assure nonanoic acid would not occur in ground water. 
The salts of nonanoic acid would dissociate into the ionic forms of 
nonanoic acid and the free salt in soil and although ammonium nonanoate 
is water soluble, it would be bound to soil organic matter in the 
dissociated form. Soils contain abundant magnesium and calcium ions 
which would form insoluble salts of nonanoic acid and contribute to 
protection of ground water.
    2. Non-dietary exposure. Applicator exposure to nonanoic acid as an 
inert ingredient is not expected to exceed the currently approved uses. 
The use of ammonium nonanoate (nonanoic acid) with herbicides should 
increase the rate of plant tissue necrosis and should reduce the 
potential risk to adults or children who contact sprayed plant parts, 
because the rapidly desiccated plant cells should retain nonanoic acid, 
as an inert ingredient, and the herbicide active ingredient bound to 
collapsed cell tissues. Off-target movement of the inert ingredient 
additive, nonanoic acid, as ammonium nonanoate, should not be expected 
to exceed the potential off-target movement of the pesticide active 
ingredient.
    Fatty acids and their salts are a potential risk for eye injury; 
therefore, eye protection would be recommended when handling ammonium 
nonanoate. The solid form of 100% ammonium nonanoate crystals could 
have a reduced risk to eyes compared to the 40% liquid concentrate 
because accidental facial exposure by splashing would be eliminated. 
Also 100% crystalline ammonium nonanoate would have less eye exposure 
risk compared to other typical liquid surfactants.
    Nonanoic acid is slightly volatile and is a component of the odor 
of milk, cheese, fats and soap. However, the estimated half-life in the 
atmosphere for nonanoic acid is 1.6 days. Therefore, inhalation 
exposure would be minimal for most occupations. Workers in the 
aforementioned industries of cheese and soap, etc. have not been 
seriously afflicted by long-term exposure to environments with nonanoic 
acid in the work environment.

D. Cumulative Effects

    EPA concluded that pelargonic acid (nonanoic acid) is sufficiently 
non-toxic that EPA can determine that it does not share a common 
mechanism of toxicity with other substances (68 FR 7931). The rapid 
dissipation of nonanoic acid in the environment, i.e. soil half-life of 
1-day and atmospheric half-life of 1.6 days, and normal metabolism of 
nonanoic acid by humans would probably prevent an accumulation of 
residual levels in the environment to trigger any cumulative effects. 
The mechanism of action of nonanoic acid and some other fatty acids on 
plants is a physical effect on plant cell walls which affects cell wall 
integrity and would be less likely to have a cumulative effect as 
compared to compounds with a mode of action that affects metabolic or 
regulatory functions in organisms.

E. Safety Determination

    1. U.S. population. Ammonium nonanoate forms nonanoic acid in 
solution and nonanoic acid occurs naturally in laundry and hygienic 
soaps as sodium or potassium nonanoate. Therefore, the toxicological 
properties of the ionized form, nonanoic acid are reviewed for the 
toxicological profile. Nonanoic acid is used as a antimicrobial agent 
or sanitizer for food contact surfaces. It is also used in lithographic 
plate developer solutions. The three uses described above involve 
disposal via public sewer systems, which indicates the low risk concern 
associated with nonanoic acid in the environment. Nonanoic acid is also 
used as a herbicide with directed and shielded applications on all food 
crops and is exempt from tolerance. However, the directed and shielded 
application would be expected to prevent contact with the edible plant 
parts. Nonanoic acid is exempt from a tolerance when applied to root or 
tuber vegetable, bulb or cotton as a desiccant or harvest aid.
    The proposed use, in this notice of filing for ammonium nonanoate 
(nonanoic acid) as an inert ingredient,

[[Page 12676]]

would be for applications to agricultural commodities at rates less 
than those used as an herbicide or crop desiccant.
    Based on the following five considerations, EPA concluded that 
nonanoic acid is unlikely to pose a risk under all reasonable exposure 
scenarios:
    i. Fatty acids such as nonanoic acid are processed by known 
metabolic pathways within the body and contribute to normal 
physiological function.
    ii. Nonanoic acid is naturally present at levels up to 224 ppb in 
apples, 385 ppm in the skin of grapes, and 143 ppm in grape pulp. It is 
present in a number of other foods as well. An average serving of 
grapes containing 385 ppm of nonanoic acid in the grape skins would 
result in exposure to nonanoic acid to an average consumer of 164 
[mu]g/kg/day. In comparison, a worst case estimate of dietary exposure 
to nonanoic acid as a result of its use as sanitizer is 9.7 [mu]g/kg/
day for a 70 kg adult and 45 [mu]g/kg/day for a 15 kg child.
    iii. The Food and Drug Administration has cleared nonanoic acid as 
a synthetic food flavoring agent and adjuvant (21 CFR 172.515), as an 
adjuvant, production aid and sanitizer to be used in contact with food 
(21 CFR 178.1010(b)) and in washing or to assist in lye peeling of 
fruits and vegetables (up to 1% nonanoic acid) (21 CFR 173.315). 
Nonanoic acid is also exempt from the requirement of a tolerance when 
used in or on all food commodities, as a plant regulator on plants, 
seeds, or cuttings after harvest in accordance with GAP. It is also 
exempt from a tolerance when used as a herbicide on all plant food 
commodities provided that allocations are not made directly to the food 
commodity except when used as a harvest aid or desiccant to any root or 
tuber vegetable, bulb, or cotton (40 CFR 180.1159).
    iv. Dietary toxicity testing evidenced adverse reactions only at 
doses that were at or above limit doses. Dermal toxicity testing showed 
no significant systemic reaction.
    v. The estimated exposures to nonanoic acid and other fatty acids 
from direct or indirect addition to food as well as sanitizer uses are 
well below the doses administered in animal studies that are required 
to elicit an adverse effect. Accordingly, EPA concludes that there is a 
reasonable certainty of no harm to the general population, including 
infants and children, from aggregate exposure to nonanoic acid (68 FR 
7931).
    Nonanoic acid has an estimated 1-day half-life in soil (RED: Soap 
Salts; EPA-738-R-92-015) and the estimated half-life in the atmosphere 
is about 1.6 days. Volatilization half-life of nonanoic acid from a 
river was estimated to be 29 days from a model river and 210 days from 
a model lake. Nonanoic acid is also inactivated in water by the 
formation of calcium and magnesium salts which are insoluble 
precipitates and non-reactive. In summary, nonanoic acid is highly 
unlikely to accumulate in the environment due to rapid metabolism in 
soils and neutralization as insoluble salts.
    2. Infants and children. As previously discussed the dietary safety 
factor for nonanoic acid is approximately 10,000 fold; therefore, risk 
to children and infants, with primary exposure thru ingestion, would be 
of minimal concern.
    Section 408 of the FFDCA provides that EPA shall apply an 
additional tenfold margin of safety for infants and children in the 
case of threshold effects to account for prenatal and postnatal 
toxicity and the completeness of the data base on toxicity and exposure 
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 MOE analysis or 
through using uncertainty (safety) factors in calculating a dose level 
that poses no appreciable risk to humans. Based on the numerous 
considerations, EPA concluded that pelargonic acid was sufficiently 
non-toxic that a margin of safety analysis was not appropriate. For the 
same reasons, EPA has not applied an additional margin of safety for 
the protection of infants and children (68 FR 7931).

F. International Tolerances

    Codex maximum residue levels have not been established for nonanoic 
acid (68 FR 7931).

G. References

    1. Suryanarayanan, S. and W. B. McConnell. 1964. The metabolism of 
pelargonate-1-C14 by wheat stem rust uredospores. Report: NRC8214. 
National Research Council of Canada, Saskatoon (Saskatchewan) Prairie 
Regional Lab., May 8, 1964 (Abstract).
    2. Haque, Z. U. and K. J. Aryana. 2002. Volatiles in lowfat chedder 
cheese containing commercial fat replacers. Food Sci. Tech. Res. 8(2): 
188-190 (Abstract).
    3. Reiche, L., C. Willis, J. Wilkison, S. Shaw and O. de 
Lacharriere. 1998. Clinical morphology of sodium lauryl sulfate and 
nonanoic acid irritant patch test reactions at 48h and 96h in 152 
subjects. Contact Dermatitis 39(5): 240-243 (Abstract).
    4. Wahlberg, J. E. and H. I. Maibach. 1980. Nonanoic acid 
irritation - A positive control at routing patch testing? Contact 
Dermatitis 6(2): 128-130 (Abstract).
    5. Willlis, C. M., C. J. M. Stephens and J. D. Wilkinson. 1988. 
Experimentally-induced irritant contact dermatitis. Determination of 
optimum irritant concentrations. Contact Dermatitis 18(1): 20-24 
(Abstract).
    6. Wahlberg, J. E., K. Wrangsjo and A. Hietasalo. 1985. Skin 
irritancy from nonanoic acid. Contact Dermatitis 13(4): 266-269 
(Abstract).

[FR Doc. E4-553 Filed 3-16-04; 8:45 am]
BILLING CODE 6560-50-S