[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Notices]
[Pages 53436-53440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19823]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0282; FRL-7676-4]


Cyprodinil; 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 a 
certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket identification (ID) number OPP-
2004-0282, must be received on or before October 1, 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: Sidney Jackson, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-7610; e-mail address: [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 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.

[[Page 53437]]

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 ID number OPP-2004-0282. 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, 1801 South Bell St., 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-2004-0282. 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-2004-0282. 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-2004-0282.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information

[[Page 53438]]

and Records Integrity Branch (PIRIB), Office of Pesticide Programs 
(OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 South Bell St., Arlington, VA, Attention: Docket ID 
Number OPP-2004-0282. 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 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 pesticide petitions 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 these petitions contain 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 supports granting of the petitions. 
Additional data may be needed before EPA rules on the petitions.

List of Subjects

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


    Dated: August 25, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

Summary of Petitions

    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)

Pesticide Petitions (PP) 3E6700 and 3E6638

    EPA has received pesticide petitions (PP 3E6700 and 3E6638) from 
the IR-4, 681 U.S. Highway 1 South, North Brunswick, NJ 08902-
3390, proposing pursuant to section 408(d) of the FFDCA, 21 U.S.C. 
346a(d), to amend 40 CFR part 180.532 by establishing tolerances for 
residues of cyprodinil, 4-cyclopropyl-6-methyl-N-phenyl-2-
pyrimidinamine, in or on the following raw agricultural commodities 
(RACs):
     PP 3E6700 proposes a tolerance for bean, dry and bean, 
succulent, at 0.6 parts per million (ppm).
     PP 3E6638 proposes a tolerance for leafy greens subgroup 
4A, except spinach, at 30 ppm.
    Additional data may be needed before EPA rules on the petitions. 
Syngenta Crop Protection, Inc., Greensboro, NC 27409 is the 
manufacturer of the chemical pesticide, cyprodinil. Syngenta prepared 
and submitted the following summary of information, data, and arguments 
in support of the pesticide petitions. This summary does not 
necessarily reflect the findings of EPA.

A. Residue Chemistry

    1. Plant metabolism. The metabolism of cyprodinil 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-631B) has passed an Agency petition method 
validation for several commodities and is currently the enforcement 
method for cyprodinil. An extensive database of method validation data 
using this method on various crop commodities is available.
    3. Magnitude of residues. Residue data to support the requested 
tolerances for crops in this submission have been submitted. The 
requested tolerances are adequately supported.

B. Toxicological Profile

    An assessment of toxic effects caused by cyprodinil is discussed in 
detail in Unit III.A. and Unit III.B. in the Federal Register of 
September 19, 2003 (68 FR 54808) (FRL-7326-4). It is a final rule 
establishing tolerances for residues of cyprodinil in or on several raw 
agricultural commodities. Interested parties are referred to that 
document for an in depth discussion of toxicological findings.
    1. Animal metabolism. The metabolism of cyprodinil in rats is 
adequately understood.
    2. Metabolite toxicology. The residues of concern for tolerance 
setting purposes is the parent compound. Based on structural 
similarities to genotoxic nucleotide analogs, there was concern that 
the pryimidine metabolites (CGA-249287, NOA-422054) may be more toxic 
than the parent compound. However, EPA's review indicates similar 
results in an acute oral and mutagenicity studies with both the parent 
compound and the CGA-249287 metabolite. EPA concluded that the toxicity 
of the CGA-249287 and NOA-422054 metabolites is no greater than that of 
the parent. This conclusion is conditional on submission and review

[[Page 53439]]

of confirmatory data of an acute oral toxicity study and bacterial 
reverse mutation assay for the NOA-422054 metabolite. Although the 
metabolites CGA-232449 and CGA-263208 were determined to be of 
potential toxicological concern, they are not expected to be more toxic 
than cyprodinil per se.
    3. Endocrine disruption. Cyprodinil does not belong to a class of 
chemicals known or suspected of having adverse effects on the endocrine 
system. Developmental toxicity studies in rats and rabbits and a 
reproduction study in rats gave no indication that cyprodinil might 
have any effects on endocrine function related to development and 
reproduction. The chronic studies also showed no evidence of a long-
term effect related to the endocrine system.

C. Aggregate Exposure

    1. Dietary exposure. 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 
studies for apple juice (0.39X), apple pomace (5.22X), grape juice 
(0.29X), dried prunes (2.05X), and peeled lychees (0.01X) were used in 
these assessments. The apple juice processing factor was used as a 
surrogate for pear juice. All other processing factors used the 
DEEM\TM\ defaults. All consumption data for these assessments were 
taken from the United States Department of Agriculture's (USDA's) 
Continuing Survey of Food Intake by individuals (CSFII) with the 1994-
1996 consumption database and the Supplemental CSFII children's survey 
(1998) consumption database. These exposure assessments included all 
registered uses and pending uses on bean, dry and bean, succulent and 
the leafy greens subgroup 4A, except spinach. Secondary residues in 
animal commodities were estimated.
    i. Food. For the purposes of assessing the potential dietary 
exposure under the proposed tolerances, Syngenta Crop Protection has 
estimated aggregate exposure from all crops for which tolerances are 
established or proposed. These assessments utilized residue data from 
field trials where cyprodinil was applied at the maximum intended use 
rate and samples were harvested at the minimum pre-harvest interval 
(PHI) to obtain maximum residues. Percent of crop treated values were 
estimated based upon economic, pest, and competitive pressures.
    ii. Acute exposure. The acute dietary risk assessment was performed 
for the females 13-49 years old population subgroup only, since no 
toxicological endpoint of concern was identified for the other 
population subgroups. An acute reference dose (aRfD) of 1.5 mg/kg-bw/
day for the females 13-49 years subpopulation only was based on a no 
observable adverse effect level (NOAEL) of 150 mg/kg-bw/day based on a 
rabbit developmental study and an uncertainty factor of 100X. No 
additional FQPA safety factor was applied. 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 NOAEL by 
the exposure. In addition, exposure was expressed as a percent of the 
acute reference dose (%aRfD). Acute exposure to the females 13-49 years 
subpopulation resulted in a MOE of 899 (1.1% of the aRfD of 1.5 mg/kg-
bw/day). Since the benchmark MOE for this assessment was 100 and since 
EPA generally has no concern for exposures above the benchmark MOE, 
Syngenta believes that there is a reasonable certainty that no harm 
will result from the acute dietary (food) exposures arising from the 
current and proposed uses for cyprodinil.
    iii. Chronic exposure. The chronic reference dose (cRfD) for 
cyprodinil is 0.03 mg/kg-bw/day and is based on a chronic rat study 
with a NOAEL of 2.7 mg/kg-bw/day and an uncertainly factor of 100X. No 
additional FQPA safety factor was applied. The cyprodinil Tier III 
chronic dietary exposure assessment was based upon residue field trial 
results. For the purpose of the aggregate risk assessment, the exposure 
values were expressed in terms of MOE, which was calculated by dividing 
the NOAEL by the exposure for each population subgroup. In addition, 
exposure was expressed as a percent of the chronic reference dose 
(%cRfD). Chronic exposure to the most sensitive subpopulation (children 
1 and 2 years old) resulted in a MOE of 1,074 (8.4% of the cRfD of 0.03 
mg/kg-bw/day). Since the benchmark MOE for this assessment was 100 and 
since EPA generally has no concern for exposures resulting in an MOE 
above the benchmark MOE, Syngenta believes that there is a reasonable 
certainty that no harm will result from the chronic dietary (food) 
exposures arising from the current and proposed uses for cyprodinil.
    iv. Drinking water. Another potential source of exposure of the 
general population to residues of cyprodinil are residues in drinking 
water. The degradation of cyprodinil is microbially mediated with an 
aerobic soil metabolism half-life of less than 46 days. Cyprodinil Kocs 
vary from 1,550 to 2,030 and cyprodinil exhibits a strong binding 
affinity for soil. Cyprodinil is stable to hydrolysis but degrades 
rapidly under photolytic conditions.
    Estimated Environmental Concentrations (EECs) of cyprodinil in 
drinking water were determined by EPA. The EPA uses the Screening 
Concentrations in Groundwater (SCI-GROW) model to determine acute and 
chronic estimated environmental concentrations in groundwater, and the 
Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/
EXAMS) to determine acute and chronic estimated environmental 
concentrations in surface water. Based on the model outputs, the EECs 
for cyprodinil (plus the CGA-249287 metabolite) are 0.16 parts per 
billion (ppb) for acute and chronic exposure to groundwater and 32.9 
ppb and 8.1 ppb for acute and chronic exposure, respectively, to 
surface water.
    The Acute Drinking Water Level of Comparison (DWLOC) was calculated 
based on an acute Population Adjusted Dose (aPAD) of 1.5 mg/kg/day. For 
the acute assessment, the females (13-49 years) subpopulation generated 
an acute DWLOC of 44,500 ppb. The acute DWLOC of 44,500 ppb is 
considerably higher than the acute EEC of 32.9 ppb. Chronic Drinking 
Water Levels of Comparison (DWLOC) were calculated based on a chronic 
Population Adjusted Dose (cPAD) of 0.03 mg/kg/day. The children 1-2 
years old subpopulation generated the lowest chronic DWLOC of 275 ppb. 
Thus, the chronic DWLOC of 275 ppb is considerably higher than the 
chronic EEC of 8.1 ppb.
    2. Non-dietary exposure. There is a potential residential post-
application exposure to adults and children entering residential areas 
treated with cyprodinil. 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.
    3. Acute and chronic aggregate exposure. 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 cyprodinil 
uses, including anticipated dietary exposure from food, water, and all 
other types of non-occupational exposures.

D. Cumulative Effects

    Section 408(b)(2)(D)(v) of the FFDCA requires that, when 
considering whether

[[Page 53440]]

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 cyprodinil 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 cyprodinil has a common mechanism of toxicity 
with other substances.

E. Safety Determination

    The chronic dietary exposure analysis (food only) indicated that 
exposure from all established and proposed cyprodinil uses is 8.4% of 
the cRfD of 0.03mg/kg-bw/day for the most sensitive subpopulation, 
children 1 and 2 years old. Estimated concentrations of cyprodinil 
residues in surface and groundwater are below the calculated acute 
DWLOC. The children 1 and 2 years old subpopulation has the lowest 
chronic DWLOC of approximately 275 ppb, which is considerably higher 
than the chronic EEC of 8 ppb.
    The acute dietary exposure analysis (food only) showed that for 
female 13-49 years old, exposure from all established and proposed 
cyprodinil uses would be 1.1% of the aRfD of 1.5 mg/kg-bw/day. Acute 
DWLOC were calculated based on an aPAD of 1.5 mg/kg/day. The females 
(13-49 years) subpopulation generated an acute DWLOC of approximately 
44,500 ppb. The acute EEC of 33 ppb is considerably less than 44,500 
ppb. Therefore, Syngenta concludes that the chronic and aggregate risk 
from cyprodinil residues in food and drinking water would not be 
expected to exceed EPA's level of concern.
    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 cRfD and that 
there is a reasonable certainty that no harm will result to infants and 
children from the aggregate exposure to cyprodinil.

F. International Tolerances

    There are no Codex maximum residue levels established for 
cyprodinil.

[FR Doc. 04-19823 Filed 8-31-04; 8:45 am]
BILLING CODE 6560-50-S