[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36524-36533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12447]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2005-0155; FRL-7720-2]


Trifloxystrobin; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a time-limited tolerance for 
combined residues of trifloxystrobin in or on soybean, forage; soybean, 
hay; and soybean, seed. This action is in response to EPA's granting of 
an emergency exemption under section 18 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide 
on soybeans. This regulation establishes a maximum permissible level 
for residues of trifloxystrobin in this food commodity. The tolerances 
will expire and are revoked on December 31, 2009.

DATES: This regulation is effective June 24, 2005. Objections and 
requests for hearings must be received on or before August 23, 2005.

ADDRESSES: To submit a written objection or hearing request follow the

[[Page 36525]]

detailed instructions as provided in Unit VII. of the SUPPLEMENTARY 
INFORMATION. EPA has established a docket for this action under docket 
identification (ID) number OPP-2005-0155. All documents in the docket 
are listed in the EDOCKET index at http://www.epa.gov/edocket/. 
Although listed in the index, some information is not publicly 
available, i.e., Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the Public Information and Records Integrity 
Branch (PIRIB), Room 119, Crystal Mall 2, 1801 S. 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.

FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; fax number: (703) 308-5433; 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 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 Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 
is available on E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and 
408 (l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a, is establishing a tolerance for combined residues of the 
fungicide trifloxystrobin, (benzeneacetic acid, (E,E)-[alpha]-
(methoxyimino)-2-[[[[1-[3-(trifluoromethyl)phenyl] ethylidene] 
amino]oxy]methyl]-,methylester) and the free form of its acid 
metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-(3- 
trifluoromethylphenyl) ethylideneaminooxymethyl]-phenyl] acetic acid) 
in or on soybean, forage at 4.0 parts per million (ppm); soybean, hay 
at 6.5 ppm; and soybean, seed at 0.04 ppm. These tolerances will expire 
and are revoked on December 31, 2009. EPA will publish a document in 
the Federal Register to remove the revoked tolerances from the Code of 
Federal Regulations (CFR).
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited 
tolerance or exemption from the requirement for a tolerance for 
pesticide chemical residues in food that will result from the use of a 
pesticide under an emergency exemption granted by EPA under section 18 
of FIFRA. Such tolerances can be established without providing notice 
or period for public comment. EPA does not intend for its actions on 
FIFRA section 18 related tolerances to set binding precedents for the 
application of section 408 of FFDCA and the new safety standard to 
other tolerances and exemptions. Section 408(e) of FFDCA allows EPA to 
establish a tolerance or an exemption from the requirement of a 
tolerance on its own initiative, i.e., without having received any 
petition from an outside party.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State 
agency from any provision of FIFRA, if EPA determines that ``emergency 
conditions exist which require such exemption.'' This provision was not 
amended by the Food Quality Protection Act of 1996 (FQPA). EPA has 
established regulations governing such emergency exemptions in 40 CFR 
part 166.

III. Emergency Exemption for Trifloxystrobin on Soybeans and FFDCA 
Tolerances

    Multiple States throughout the United States have petitioned the 
Agency requesting an emergency exemption for use of trifloxystrobin to 
control soybean rust under the provisions of section 18 of FIFRA. The 
soybean rust pathogen (Phakopsora pachyrhizi) was recently identified 
in the continental United States. Soybean rust has been designated as a 
biosecurity threat by action of the U.S. Congress and; therefore, it is 
important that control measures be available to soybean growers in the 
United States. Accordingly, EPA has expedited review under section 18 
of FIFRA to authorize the use of trifloxystrobin on soybeans for 
control of soybean rust for requesting states in the United States, 
having concluded that emergency conditions exist regarding this 
chemical use.
    As part of its assessment of this emergency exemption, EPA assessed 
the potential risks presented by residues of trifloxystrobin in or on 
soybeans. In doing so, EPA considered the safety standard in section 
408(b)(2) of FFDCA, and EPA decided that the necessary tolerance under 
section 408(l)(6) of FFDCA would be consistent with the safety standard 
and with section 18 of FIFRA. Consistent with the need to move quickly 
on the emergency exemption in order to address an urgent non-routine 
situation and to ensure that the resulting food is safe and lawful, EPA 
is issuing this tolerance without notice and opportunity for public

[[Page 36526]]

comment as provided in section 408(l)(6) of FFDCA. Although these 
tolerances will expire and are revoked on December 13, 2009, under 
section 408(l)(5) of FFDCA, residues of the pesticide not in excess of 
the amounts specified in the tolerance remaining in or on poultry, 
soybeans, or swine after that date will not be unlawful, provided the 
pesticide is applied in a manner that was lawful under FIFRA, and the 
residues do not exceed a level that was authorized by these tolerances 
at the time of that application. EPA will take action to revoke these 
tolerances earlier if any experience with, scientific data on, or other 
relevant information on this pesticide indicate that the residues are 
not safe.
    Because these tolerances are being approved under emergency 
conditions, EPA has not made any decisions about whether 
trifloxystrobin meets EPA's registration requirements for use on 
soybeans or whether a permanent tolerance for this use would be 
appropriate. Under these circumstances, EPA does not believe that these 
tolerances serve as a basis for registration of trifloxystrobin by a 
State for special local needs under section 24(c) of FIFRA. Nor do 
these tolerances serve as the basis for any State that has not been 
specifically authorized by EPA to use this pesticide on this crop under 
section 18 of FIFRA without following all provisions of EPA's 
regulations implementing section 18 of FIFRA as identified in 40 CFR 
part 166. For additional information regarding the emergency exemption 
for trifloxystrobin, contact the Agency's Registration Division at the 
address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. For further discussion of the 
regulatory requirements of section 408 of FFDCA and a complete 
description of the risk assessment process, see the final rule on 
Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997) (FRL-
5754-7).
    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the 
available scientific data and other relevant information in support of 
this action. EPA has sufficient data to assess the hazards of 
trifloxystrobin and to make a determination on aggregate exposure, 
consistent with section 408(b)(2) of FFDCA, for a time-limited 
tolerance for combined residues of trifloxystrobin in or on soybean, 
forage at 4.0 ppm; soybean, hay at 6.5 ppm; and soybean, seed at 0.04 
ppm. EPA's assessment of the dietary exposures and risks associated 
with establishing the tolerance follows.

A. Toxicological Endpoints

    The dose at which no adverse effects are observed (the NOAEL) from 
the toxicology study identified as appropriate for use in risk 
assessment is used to estimate the toxicological endpoint. However, the 
lowest dose at which adverse effects of concern are identified (the 
LOAEL) is sometimes used for risk assessment if no NOAEL was achieved 
in the toxicology study selected. An uncertainty factor (UF) is applied 
to reflect uncertainties inherent in the extrapolation from laboratory 
animal data to humans and in the variations in sensitivity among 
members of the human population as well as other unknowns. An UF of 100 
is routinely used, 10x to account for interspecies differences and 10x 
for intra species differences.
    For dietary risk assessment (other than cancer) the Agency uses the 
UF to calculate an acute or chronic reference dose (acute RfD or 
chronic RfD) where the RfD is equal to the NOAEL divided by the 
appropriate UF (RfD = NOAEL/UF). Where an additional safety factor is 
retained due to concerns over risk to children's health, this 
additional factor is applied to the RfD by dividing the RfD by such 
additional factor. The acute or chronic population adjusted dose (aPAD 
or cPAD) is a modification of the RfD to accommodate this type of FQPA 
Safety Factor (SF).
    For non-dietary risk assessments (other than cancer) the UF is used 
to determine the level of concern (LOC). For example, when 100 is the 
appropriate UF (10x to account for interspecies differences and 10x for 
intraspecies differences) the LOC is 100. To estimate risk, a ratio of 
the NOAEL to exposures (margin of exposure (MOE) = NOAEL/exposure) is 
calculated and compared to the LOC.
    The linear default risk methodology (Q*) is the primary method 
currently used by the Agency to quantify carcinogenic risk. The Q* 
approach assumes that any amount of exposure will lead to some degree 
of cancer risk. A Q* is calculated and used to estimate risk which 
represents a probability of occurrence of additional cancer cases 
(e.g., risk is expressed as 1 x10-\6\ or one in a million). 
Under certain specific circumstances, MOE calculations will be used for 
the carcinogenic risk assessment. In this non-linear approach, a 
``point of departure'' is identified below which carcinogenic effects 
are not expected. The point of departure is typically a NOAEL based on 
an endpoint related to cancer effects though it may be a different 
value derived from the dose response curve. To estimate risk, a ratio 
of the point of departure to exposure (MOEcancer = point of 
departure/exposures) is calculated. A summary of the toxicological 
endpoints for trifloxystrobin used for human risk assessment is shown 
in Table 1 of this unit:

[[Page 36527]]



   Table 1.--Summary of Toxicological Dose and Endpoints for Trifloxystrobin for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                                                 FQPA SF* and level of
          Exposure/scenario               Dose used in risk         concern for risk     Study and toxicological
                                            assessment, UF             assessment                effects
----------------------------------------------------------------------------------------------------------------
Acute dietary                          NOAEL = 250 milligram/   FQPA SF = 1x             Developmental toxicity--
(Females 13-49 years of age).........   kilogram/day (mg/kg/    aPAD = acute RfD/FQPA     rat
                                        day)                     SF = 2.5 mg/kg/day.     LOAEL = 500 mg/kg/day
                                        UF = 100..............                            based on increased
                                       Acute RfD = 2.5 mg/kg/                             fetal skeletal
                                        day.                                              anomalies.
----------------------------------------------------------------------------------------------------------------
Acute Dietary                           There were no appropriate toxicological effects attributable to a single
(General U.S. population, including       exposure (dose) observed in oral toxicity studies including maternal
 infants and children).                  effects in developmental studies in rats and rabbits. Therefore, a dose
                                               and endpoint were not identified for this risk assessment.
----------------------------------------------------------------------------------------------------------------
Chronic dietary                        Parental NOAEL = 3.8 mg/ FQPA SF = 1x             2-Generation
(All populations)....................   kg/day                  cPAD = chronic RfD/FQPA   reproduction study--
                                        UF = 100..............   SF = 0.038 mg/kg/day.    rat
                                       Chronic RfD = 0.038 mg/                           LOAEL = 55.3 mg/kg/day
                                        kg/day.                                           based on decreases in
                                                                                          body weight, body
                                                                                          weight gains, reduced
                                                                                          food consumption, and
                                                                                          histopathological
                                                                                          lesions in the liver,
                                                                                          kidneys, and spleen.
----------------------------------------------------------------------------------------------------------------
Short- (1 to 30 days) and              Offspring NOAEL = 3.8    LOC for MOE = 100        2-Generation
 intermediate-term (1-6 months)         mg/kg/day               (residential, includes    reproduction study--
Oral.................................                            FQPA SF).                rat
                                                                                         LOAEL = 55.3 mg/kg/day
                                                                                          based on reduced pup
                                                                                          body weights during
                                                                                          lactation.
----------------------------------------------------------------------------------------------------------------
Short- (1 to 30 days) and              Dermal study NOAEL =     LOC for MOE = 100        28-Day dermal toxicity
 intermediate-term (1-6 months)         100 mg/kg/day           (occupational).........   study--rat
Dermal...............................                           LOC for MOE = 100......  LOAEL = 1,000 mg/kg/day
                                                                (residential, includes    based on increases in
                                                                 FQPA SF).                mean absolute and
                                                                                          relative liver and
                                                                                          kidney weights.
----------------------------------------------------------------------------------------------------------------
Long-term (> 6 months)                 Oral study NOAEL = 3.8   LOC for MOE = 100        2-Generation
Dermal...............................   mg/kg/day               (occupational).........   reproduction study--
                                       (dermal absorption rate  LOC for MOE = 100......   rat
                                        = 33%).                 (residential, includes   LOAEL = 55.3 mg/kg/day
                                                                 FQPA SF).                based on decreases in
                                                                                          body weight, body
                                                                                          weight gains, reduced
                                                                                          food consumption, and
                                                                                          histopathological
                                                                                          lesions in the liver,
                                                                                          kidneys, and spleen.
----------------------------------------------------------------------------------------------------------------
Short- (1 to 30 days), intermediate-   Oral study NOAEL = 3.8   LOC for MOE = 100        2-Generation
 (1-6 months), and long-term (> 6       mg/kg/day               (occupational).........   reproduction study--
 months)                               (inhalation absorption   LOC for MOE = 100......   rat
Inhalation...........................   rate = 100%).           (residential, includes   LOAEL = 55.3 mg/kg/day
                                                                 FQPA SF).                based on decreases in
                                                                                          body weight, body
                                                                                          weight gains, reduced
                                                                                          food consumption, and
                                                                                          histopathological
                                                                                          lesions in the liver,
                                                                                          kidneys, and spleen.
----------------------------------------------------------------------------------------------------------------
Cancer                                   Classification: ``Not Likely Human Carcinogen,'' based on the lack of
(Oral, dermal, and inhalation).......         evidence of carcinogenicity in mouse and rat cancer studies.
----------------------------------------------------------------------------------------------------------------
* The reference to the FQPA SF refers to any additional SF retained due to concerns unique to FQPA.

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been 
established (40 CFR 180.555) for the combined residues of 
trifloxystrobin, in or on a variety of raw agricultural commodities 
(RACs). Specifically, tolerances for almonds, barley, carrots, celery, 
citrus, field corn, fruiting vegetables, hops, pecans, potatoes, rice, 
stone fruits, sugar beets, and wheat. Risk assessments were conducted 
by EPA to assess dietary exposures from trifloxystrobin in food as 
follows:
    i. Acute exposure. Acute dietary (food only) exposure assessments 
are performed for a food-use pesticide if a toxicological study has 
indicated the possibility of an effect of concern occurring as a result 
of a 1 day or single exposure. The Dietary Exposure Evaluation Model 
software with the Food Commodity Intake Database (DEEM-FCID\TM\), 
Version 1.3, which incorporates the individual food consumption data as 
reported by respondents in the United States Department of Agriculture 
(USDA) 1994-1996 and 1998 nationwide Continuing Surveys of Food Intake 
by Individuals (CSFII) and accumulated exposure to the chemical for 
each commodity. The acute dietary (food only) exposure analysis for 
trifloxystrobin is unrefined, assuming 100% crop treated and tolerance 
level residues. No additional data were used to refine the analysis. 
The acute dietary endpoint is applicable to the population subgroup 
females, 13-49 years only. An acute dietary endpoint for the general 
U.S. population, including infants and children, was not identified. 
The estimated dietary (food only) exposure for females, 13-49 years old 
occupies less than 1% of the aPAD and does not exceed EPA's level of 
concern.
    ii. Chronic exposure. In conducting this chronic dietary (food 
only) exposure assessment, EPA used the DEEM-FCID\TM\ software, 
incorporating the individual food consumption data as reported by 
respondents in the USDA 1994-1996 and 1998 CSFII and accumulated 
exposure to the chemical for each commodity. The chronic dietary (food 
only) exposure analysis for trifloxystrobin is unrefined, assuming 100% 
crop treated and tolerance level residues. The chronic dietary endpoint 
applies to all population subgroups, including infants and children. 
Risk

[[Page 36528]]

estimates for all population subgroups are below EPA's level of concern 
(100% of the cPAD).
    iii. Cancer. EPA's previous reviews of data (May 1999) related to 
trifloxystrobin have determined that trifloxystrobin should be 
classified as a ``Not Likely Human Carcinogen.'' Accordingly, no 
additional cancer risk assessment was performed for trifloxystrobin.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Established and recommended tolerances were used in the acute and 
chronic dietary (food only) exposure assessments for trifloxystrobin. 
The metabolite L7a (taurine conjugate of trifloxystrobin) was also 
included in the exposure assessment for liver, based on the amount 
found in the ruminant metabolism study. EPA did not apply PCT data for 
this assessment. DEEM-FCID\TM\ default concentration factors were used 
except for tomato juice, puree, paste, and catsup. Processing data show 
no concentration in these fractions.
    2. Dietary exposure from drinking water. The Agency lacks 
sufficient monitoring exposure data to complete a comprehensive dietary 
exposure analysis and risk assessment for trifloxystrobin in drinking 
water. Because the Agency does not have comprehensive monitoring data, 
drinking water concentration estimates are made by reliance on 
simulation or modeling taking into account data on the physical 
characteristics of trifloxystrobin.
    The Agency uses the First Index Reservoir Screening Tool (FIRST) or 
the Pesticide Root Zone/Exposure Analysis modeling system (PRZM/EXAMS) 
to produce estimates of pesticide concentrations in an index reservoir. 
The Screening Concentration in Ground Water modeling system (SCI-GROW) 
is used to predict pesticide concentrations in shallow ground water. 
For a screening-level assessment for surface water, EPA will generally 
use FIRST (a tier 2 model) before using PRZM/EXAMS (a tier 2 model). 
The FIRST model is a subset of the PRZM/EXAMS model that uses a 
specific high-end runoff scenario for pesticides. While both FIRST and 
PRZM/EXAMS incorporate an index reservoir environment, the PRZM/EXAMS 
model includes a percent crop area factor as an adjustment to account 
for the maximum percent crop coverage within a watershed or drainage 
basin.
    None of these models include consideration of the impact processing 
(mixing, dilution, or treatment) of raw water for distribution as 
drinking water would likely have on the removal of pesticides from the 
source water. The primary use of these models by the Agency at this 
stage is to provide a coarse screen for sorting out pesticides for 
which it is highly unlikely that drinking water concentrations would 
ever exceed human health levels of concern.
    Since the models used are considered to be screening tools in the 
risk assessment process, the Agency does not use estimated 
environmental concentrations (EECs) from these models to quantify 
drinking water exposure and risk as a %RfD or %PAD. Instead, drinking 
water levels of comparison (DWLOCs) are calculated and used as a point 
of comparison against the model estimates of a pesticide's 
concentration in water. DWLOCs are theoretical upper limits on a 
pesticide's concentration in drinking water in light of total aggregate 
exposure to a pesticide in food, and from residential uses. Since 
DWLOCs address total aggregate exposure to trifloxystrobin, they are 
further discussed in Unit IV.D., aggregate risk.
    Based on the PRZM/EXAMS and SCI-GROW models, the EECs of 
trifloxystrobin for acute exposures are estimated to be 48 parts per 
billion (ppb) for surface water and 3.4 ppb for ground water. The EECs 
for chronic exposures are estimated to be 140 ppb for surface water and 
3.4 ppb for ground water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    Trifloxystrobin is currently registered for use in turf grass and 
ornamentals. No new residential uses are proposed in this action. 
Because FQPA requires consideration of aggregate exposure to all likely 
non-occupational uses, this assessment uses non-occupational post-
application contact with trifloxystrobin following potential use on 
turf grass as the most common and worst case contributor to such 
exposures. The current registered use of trifloxystrobin on turf grass 
and ornamentals may only be applied by a Certified Pest Control 
Operator (PCO); therefore, an assessment of dermal or inhalation 
exposure for residential handlers is not required and was not 
performed.
    EPA calculated MOEs for exposure scenarios involving potential 
residential exposure resulting from the currently registered uses of 
the chemical. The lowest MOE was 800 for children resulting from direct 
dermal contact with treated lawns (this represents the exposure 
scenario with the highest exposure; conversely, the adult dermal MOE 
was 1,300). The highest MOE for children was 220,000 from ingestion of 
soil from treated lawns. All calculated non-occupational post-
application MOEs are greater than 100 on the day of application and; 
therefore, did not exceed EPA's level of concern.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA 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.''
    Unlike other pesticides for which EPA has followed a cumulative 
risk approach based on a common mechanism of toxicity, EPA has not made 
a common mechanism of toxicity finding as to trifloxystrobin and any 
other substances and trifloxystrobin does not appear to produce a toxic 
metabolite produced by other substances. For the purposes of this 
tolerance action; therefore, EPA has not assumed that trifloxystrobin 
has a common mechanism of toxicity with other substances. For 
information regarding EPA's efforts to determine which chemicals have a 
common mechanism of toxicity and to evaluate the cumulative effects of 
such chemicals, see the policy statements released by EPA's OPP 
concerning common mechanism determinations and procedures for 
cumulating effects from substances found to have a common mechanism on 
EPA's website at http://www.epa.gov/pesticides/cumulative/.

C. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply 
an additional ten-fold margin of safety for infants and children in the 
case of threshold effects to account for prenatal and post-natal 
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 an MOE 
analysis or through using UFs in calculating a dose level that poses no 
appreciable risk to humans.
    2. Discussion. There is no indication of an increased 
susceptibility of rat or rabbit fetuses/pups to pre- and/or post-natal 
exposure to trifloxystrobin. In the developmental and reproduction

[[Page 36529]]

toxicity studies, effects in the fetuses/pups were observed only at or 
above treatment levels, which resulted in evidence of parental 
toxicity. As a result, the Agency determined that a developmental 
neurotoxicity (DNT) study in rats is not required.
    The acute and chronic dietary (food only) exposure assessments 
utilize existing and proposed tolerance level residues and 100% crop 
treated information for all commodities. By using these screening-level 
assessments, actual exposures/risks will not be underestimated. 
Additionally, the exposure assessments will not underestimate the 
potential dietary (food and drinking water) or non-dietary exposures 
for infants and children from the use of trifloxystrobin.
    The dietary drinking water assessment utilizes water concentration 
values generated by model and associated modeling parameters, which are 
designed to provide conservative, health protective, high-end estimates 
of water concentrations, which are not likely to be exceeded. The 
residential post-application assessment is based upon the residential 
standard operating procedures (SOPs) and is based upon surrogate study 
data. These data are reliable and are not expected to underestimate 
risk to adults or children. The residential SOPs are based upon 
reasonable ``worst-case'' assumptions and are not expected to 
underestimate risk.
    3. Conclusion. EPA has evaluated the potential for increased 
susceptibility of infants and children from exposure to 
trifloxystrobin. There is a complete toxicity data base for 
trifloxystrobin and exposure data are complete or are estimated based 
on data that reasonably accounts for potential exposures. The Agency 
has concluded that there are no residual uncertainties for pre- and/or 
post-natal toxicity. Further, based on existing hazard data and the 
quality of exposure data for trifloxystrobin, EPA has determined that 
traditional 10x safety factors are adequately protective for all 
populations, and the special FQPA SF need not be applied (e.g., it has 
been reduced from 10x to 1x).

D. Aggregate Risks and Determination of Safety

    1. General discussion. To estimate total aggregate exposure to a 
pesticide from food, drinking water, and residential uses, the Agency 
calculates DWLOCs which are used as a point of comparison against the 
model estimates of a pesticide's concentration in water (EECs). DWLOC 
values are not regulatory standards for drinking water. DWLOCs are 
theoretical upper limits on a pesticide's concentration in drinking 
water in light of total aggregate exposure to a pesticide in food and 
residential uses. In calculating a DWLOC, the Agency determines how 
much of the acceptable exposure (i.e., the PAD) is available for 
exposure through drinking water [e.g., allowable chronic water exposure 
(mg/kg/day) = cPAD - (average food + chronic non-dietary, non-
occupational exposure)]. This allowable exposure through drinking water 
is used to calculate a DWLOC.
    A DWLOC will vary depending on the toxic endpoint, drinking water 
consumption, and body weights. Default body weights and consumption 
values as used by the EPA's Office of Water are used to calculate 
DWLOCs: 2 liter (L)/70 kg (adult male), 2L/60 kg (adult female), and 
1L/10 kg (child). Default body weights and drinking water consumption 
values vary on an individual basis. This variation will be taken into 
account in more refined screening-level and quantitative drinking water 
exposure assessments. Different populations will have different DWLOCs. 
Generally, a DWLOC is calculated for each type of risk assessment used: 
Acute, short-term, intermediate-term, chronic, and cancer.
    When EECs for surface water and ground water are less than the 
calculated DWLOCs, EPA concludes with reasonable certainty that 
exposures to trifloxystrobin in drinking water (when considered along 
with other sources of exposure for which EPA has reliable data) would 
not result in unacceptable levels of aggregate human health risk at 
this time. Because EPA considers the aggregate risk resulting from 
multiple exposure pathways associated with a pesticide's uses, levels 
of comparison in drinking water may vary as those uses change. If new 
uses are added in the future, EPA will reassess the potential impacts 
of trifloxystrobin on drinking water as a part of the aggregate risk 
assessment process.
    2. Summary of aggregate risk analysis. Acute and chronic aggregate 
risk estimates were calculated in this risk assessment. Acute aggregate 
risk was calculated by comparing acute DWLOCs to potential drinking 
water exposure to trifloxystrobin. Similarly, chronic aggregate risk 
was calculated by comparing chronic DWLOCs to potential drinking water 
exposure. The surface and ground water EECs were used to compare 
against back-calculated DWLOCs for aggregate risk assessments.
    Short-term risk is based on exposures occurring over 1 to 30 days. 
Short-term aggregate risk was calculated by combining risk estimates 
for high-end residential oral and/or dermal exposures with chronic food 
and drinking water risks. Intermediate-term exposure (1 to 6 months) to 
the parent trifloxystrobin is not expected to occur in residential 
settings due to its short half-life (about 2 days based on soil and 
aquatic metabolism studies). Therefore, an intermediate-term aggregate 
risk assessment was not performed. Chronic non-dietary aggregate risk 
was not calculated as chronic dermal and oral exposures (from 
residential treatment) are not expected. Cancer aggregate risk was not 
calculated because trifloxystrobin has been classified as a ``not 
likely human carcinogen.''
    Acute, short-term and chronic aggregate risk estimates resulting 
from aggregate exposure to trifloxystrobin in food and drinking water 
were assessed, and are below EPA's level of concern.
    3. Acute risk. The acute aggregate risk assessment takes into 
account exposure estimates from dietary consumption of trifloxystrobin 
from food and drinking water sources. Acute aggregate risk was not 
calculated for the general U.S. population (including infants and 
children or other population subgroups) as hazard endpoints have not 
been identified for those groups.
    The acute risk estimate for females, 13-49 years, resulting from 
aggregate exposure to trifloxystrobin in food and drinking water, is 
below EPA's level of concern. DWLOCs were calculated for females 13-49 
years, the only subgroup to which the acute dietary endpoint applies. 
Surface and ground water EECs were used to compare against back-
calculated DWLOCs for aggregate risk assessments. To calculate the 
DWLOC for acute exposure relative to an acute toxicity endpoint, the 
acute dietary food exposure (from DEEM-FCID\TM\) was subtracted from 
the aPAD to obtain the acceptable acute exposure to trifloxystrobin in 
drinking water.
    The DWLOC was 75,000 ppb for females, 13-49 years, a value that is 
well above the EECs for drinking water. Therefore, acute aggregate risk 
is below EPA's level of concern. EPA does not expect the aggregate 
exposure to exceed 100% of the aPAD, as shown in Table 2 of this unit:

[[Page 36530]]



                    Table 2.--Aggregate Risk Assessment for Acute Exposure to Trifloxystrobin
----------------------------------------------------------------------------------------------------------------
                                                                             Surface       Ground
              Population subgroup                 aPAD  (mg/     % aPAD     Water EEC    Water EEC   Acute DWLOC
                                                   kg/day)       (Food)       (ppb)        (ppb)        (ppb)
----------------------------------------------------------------------------------------------------------------
Females 13-49 years                                      2.5          < 1    92 (turf)          3.4       75,000
                                                                             48 (rice)
----------------------------------------------------------------------------------------------------------------

    4. Chronic risk. For the chronic aggregate risk scenario, potential 
food and drinking water exposures were analyzed. Chronic exposure in 
residential settings is not expected. The surface and ground water EECs 
were used to compare against back-calculated DWLOCs for aggregate risk 
assessments. To calculate DWLOCs for chronic exposure relative to an 
chronic toxicity endpoint, the chronic dietary food exposure (from 
DEEM-FCID\TM\) was subtracted from the cPAD to obtain the acceptable 
chronic exposure to trifloxystrobin in drinking water.
    DWLOCs were calculated for the general U.S. population, children 
aged 1-2 years, females aged 13-49 years and adults aged 50 years and 
older. DWLOCs ranged from 170 ppb for children to 1,200 ppb for adults 
aged 50 years and older. These values are above the EECs for drinking 
water. Therefore, chronic aggregate risk is below EPA's level of 
concern. EPA does not expect the aggregate exposure to exceed 100% of 
the cPAD, as shown in Table 3 of this unit:

            Table 3.--Aggregate Risk Assessment for Chronic (Non-Cancer) Exposure to Trifloxystrobin
----------------------------------------------------------------------------------------------------------------
                                                                             Surface       Ground
              Population subgroup                 cPAD  (mg/     % cPAD     Water EEC    Water EEC     Chronic
                                                   kg/day)       (Food)       (ppb)        (ppb)     DWLOC (ppb)
----------------------------------------------------------------------------------------------------------------
General U.S. population                                0.038           15   140 (rice)          3.4        1,100
                                                                             50 (turf)
------------------------------------------------             -------------                          ------------
Children 1-2 years                                                     54                                    170
----------------------------------------------------------------------------------------------------------------

    5. Short-term risk. Short-term aggregate exposure takes into 
account residential exposure plus chronic exposure to food and water 
(considered to be a background exposure level). Though residential 
exposure could occur with the use of trifloxystrobin, the potential 
short-term exposures were not aggregated with chronic dietary food and 
water exposures because the toxic effects are different. Different 
endpoints have been identified for short-term incidental oral and 
dermal risk assessment (the basis for the oral endpoint is reduced pup 
body weights and the dermal endpoint is based on increases in liver and 
kidney weights). Therefore, based on the best available data and 
current policies, potential risks do not exceed EPA's level of concern.
    A short-term risk assessment was not required for adults, because 
no incidental oral exposure is expected for adults. A short-term risk 
assessment was performed for infants and children because of 
residential post-application oral exposure scenarios. Incidental oral 
exposure for toddlers is assumed to include hand-to-mouth exposure, 
object-to-mouth exposure and exposure through incidental ingestion of 
soil.
    DWLOCs were calculated for the general U.S. population, children 
aged 1-2 years, females aged 13-49 years and adults 50 years and older. 
DWLOCs ranged from 130 ppb for children to 1,200 ppb for adults aged 50 
years and older. Although the surface water EEC for rice (140 ppb) 
exceeds the DWLOC for children (130 ppb), EPA does not believe this is 
a cause for concern, because the surface water estimate for rice is 
considered to be a gross overestimate of the true value found in the 
environment. EPA's careful analysis indicates that the turf grass 
estimate (50 ppb) is a more realistic estimate of drinking water 
residues. Thus, EPA does not consider short-term aggregate risk for 
children to exceed the Agency's level of concern, as shown in Table 4 
of this unit:

                                     Table 4.--Aggregate Risk Assessment for Short-Term Exposure to Trifloxystrobin
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Aggregate MOE  (Food +    Aggregate Level of      Surface Water EEC       Ground Water EEC       Short-Term DWLOC
        Population subgroup               Residential)            Concern (LOC)              (ppb)                  (ppb)                  (ppb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
General U.S. population              690                     100                     140 (rice)             3.4                    1,100
                                                                                     50 (turf)............
------------------------------------------------------------                                                                      ----------------------
All infants < 1 year                 190                                                                                           180
------------------------------------------------------------                                                                      ----------------------
Children 1-2 years                   150                                                                                           130
------------------------------------------------------------                                                                      ----------------------
Females 13-49 years                  970                                                                                           1,000
------------------------------------------------------------                                                                      ----------------------
Adults > 50 years                    950                                                                                           1,200
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 36531]]

    6. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account non-dietary, non-occupational exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). An intermediate-term aggregate risk assessment (1 to 6 months 
of exposure to trifloxystrobin residues from food, drinking water, and 
residential pesticide uses) is not expected to occur based on the short 
soil half-life of trifloxystrobin (about 2 days). Therefore, EPA did 
not perform an intermediate-term aggregate risk assessment.
    7. Aggregate cancer risk for U.S. population. EPA has concluded 
that trifloxystrobin should be classified as a ``Not Likely Human 
Carcinogen.'' Due to the classification, an aggregate cancer risk 
assessment was not performed.
    8. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general U.S. population, and to infants and children from 
aggregate exposure to trifloxystrobin residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    EPA has completed a method validation trial of AG-659A on apples, 
cow liver, cow milk, grapes, peanut hay, peanuts, raisins, summer 
squash, and wet apple pomace and concluded that AG-659A is suitable for 
enforcement of trifloxystrobin and the free form of its acid metabolite 
in plant and livestock commodities. The analytical methods, AG-659A or 
AG-659A/REM 177.04, are adequate for collecting data for residues of 
trifloxystrobin and its acid metabolite CGA-321113 in or on soybeans.
    The regulable residue was tested in accordance with the Pesticide 
Analytical Manual (PAM), Volume I, Appendix II. Trifloxystrobin gave 
adequate responses through protocol C, and was completely recovered 
from fortified apple samples when analyzed through protocols D and E. 
Acid metabolite CGA-321113 was recoverable through protocol B and 
residues from apples fortified with CGA-321113 were completely 
recovered through Section 402 E2/C1 (extraction with methylene 
chloride). The enforcement method has been forwarded to the Food and 
Drug Administration (FDA) for inclusion in the PAM II.
    Adequate enforcement methodology (example--gas chromatography) is 
available to enforce the tolerance expression. The method may be 
requested from: Chief, Analytical Chemistry Branch, Environmental 
Science Center, 701 Mapes Road, Ft. Meade, MD 20755-5350; telephone 
number: (410) 305-2905; e-mail address: [email protected].

B. International Residue Limits

    There are no Codex, Canadian, or Mexican maximum residue limits 
(MRLs) established for trifloxystrobin. Harmonization is thus not an 
issue at this time.

C. Conditions

    There are no conditions for registration placed on these time-
limited tolerances.

VI. Conclusion

    Therefore, tolerances are established for combined residues of 
trifloxystrobin, (benzeneacetic acid, (E,E)-[alpha]-(methoxyimino)-2-
[[[[1-[3-(trifluoromethyl) phenyl]ethylidene]amino]oxy]methyl]-
,methylester) and the free form of its acid metabolite CGA-321113 
((E,E)-methoxyimino-[2-[1-(3-trifluoromethylphenyl) 
ethylideneaminooxymethyl]-phenyl]acetic acid) in or on soybean, forage 
at 4.0 ppm, soybean, hay at 6.5 ppm; and soybean, seed at 0.04 ppm.

VII. Objections and Hearing Requests

    Under section 408(g) of FFDCA, as amended by FQPA, any person may 
file an objection to any aspect of this regulation and may also request 
a hearing on those objections. The EPA procedural regulations which 
govern the submission of objections and requests for hearings appear in 
40 CFR part 178. Although the procedures in those regulations require 
some modification to reflect the amendments made to the FFDCA by FQPA, 
EPA will continue to use those procedures, with appropriate 
adjustments, until the necessary modifications can be made. The new 
section 408(g) of FFDCA provides essentially the same process for 
persons to ``object'' to a regulation for an exemption from the 
requirement of a tolerance issued by EPA under new section 408(d) of 
FFDCA, as was provided in the old sections 408 and 409 of FFDCA. 
However, the period for filing objections is now 60 days, rather than 
30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number OPP-2005-0155 in the subject line on the 
first page of your submission. All requests must be in writing, and 
must be mailed or delivered to the Hearing Clerk on or before August 
23, 2005.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR part 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR part 
178.27). Information submitted in connection with an objection or 
hearing request may be claimed confidential by marking any part or all 
of that information as CBI. Information so marked will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2. A copy 
of the information that does not contain CBI must be submitted for 
inclusion in the public record. Information not marked confidential may 
be disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. You may also deliver your request to the 
Office of the Hearing Clerk in Suite 350, 1099 14\th\ St., NW., 
Washington, DC 20005. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 564-6255.
    2. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit VII.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in ADDRESSES. Mail your 
copies, identified by the docket ID number OPP-2005-0155, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the 
PIRIB described in ADDRESSES. You may also send an electronic copy of 
your request via e-mail to: [email protected]. Please use an ASCII 
file format and avoid the use of special characters and any form of 
encryption. Copies of electronic objections and hearing requests will 
also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format. 
Do not include any CBI in your electronic copy. You may also submit an

[[Page 36532]]

electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR part 178.32).

VIII. Statutory and Executive Order Reviews

    This final rule establishes a time-limited tolerance under section 
408 of FFDCA. The Office of Management and Budget (OMB) has exempted 
these types of actions from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Because this rule has been exempted from review under Executive Order 
12866 due to its lack of significance, this rule is not subject to 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations under Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994); 
or OMB review or any Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since 
tolerances and exemptions that are established on the basis of a FIFRA 
section 18 exemption under section 408 of FFDCA, such as the tolerance 
in this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This final rule directly regulates growers, food 
processors, food handlers, and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency 
has determined that this rule does not have any ``tribal implications'' 
as described in Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000). Executive Order 13175, requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by tribal officials in 
the development of regulatory policies that have tribal implications.'' 
``Policies that have tribal implications'' is defined in the Executive 
order to include regulations that have ``substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
Government and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.'' 
This rule will not have substantial direct effects on tribal 
governments, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this rule.

IX. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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


    Dated: June 17, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. Section 180.555 is amended by adding text to paragraph (b) to read 
as follows:


Sec.  180.555  Trifloxystrobin; tolerances for residues.

* * * * *
    (b) * * * Time-limited tolerances are established for combined 
residues of the fungicide trifloxystrobin, (benzeneacetic acid, (E,E)-
[alpha]-(methoxyimino)-2-[[[[1-[3- (trifluoromethyl)phenyl] 
ethylidene]amino] oxy]methyl]-,methylester) and the free form of its 
acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-(3-
trifluoromethylphenyl) ethylideneaminooxymethyl]-phenyl]acetic acid) in 
connection with the use of the pesticide under FIFRA section 18 
emergency exemptions granted by EPA. The tolerances will expire and are 
revoked on the date specified in the table in this unit.

[[Page 36533]]



------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Soybean, forage...............................          4.0     12/31/09
Soybean, hay..................................          6.5     12/31/09
Soybean, seed.................................         0.04     12/31/09
------------------------------------------------------------------------

* * * * *

[FR Doc. 05-12447 Filed 6-23-05; 8:45 am]
BILLING CODE 6560-50-S