Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71045

IV. What is the Agency’s Authority for 

Taking this Action?

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request. 

V. Provisions for Disposition of Existing 

Stocks

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action.

In any order issued in response to this 

request for cancellation of a product 

registration, EPA proposes to include 

the following provisions for the 

treatment of any existing stocks of the 

product identified in Table 1. New 

Nautical Coatings, Inc. will be permitted 

to sell or distribute existing stocks of its 

product, EPA Registration Number 

44891–6, through December 31, 2005.

If the request for voluntary 

cancellation is granted, the Agency 

intends to issue a cancellation order that 

will allow persons other than the 

registrant to continue to sell and/or use 

existing stocks of canceled products 

until such stocks are exhausted, 

provided that such use is consistent 

with the terms of the previously 

approved labeling on, or that 

accompanied, the canceled product. The 

order will specifically prohibit any use 

of existing stocks that is not consistent 

with such previously approved labeling. 

If, as the Agency currently intends, the 

final cancellation order contains the 

existing stocks provision just described, 

the order will be sent only to the 

affected registrant of the canceled 

products. If the Agency determines that 

the final cancellation order should 

contain existing stocks provisions 

different than the ones just described, 

the Agency will publish the cancellation 

order in the Federal Register.

List of Subjects

Environmental protection, Pesticides 

and pests.

Dated: November 17, 2004.

Debra Edwards,

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs.

[FR Doc. 04–26730 Filed 12–7–04; 8:45 am] 

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0398; FRL–7689–1]

Flumioxazin; Notice of Filing a 

Pesticide Petition to Establish 

aTolerance for a Certain Pesticide 

Chemical in or on Food

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the 

initial filing of apesticide petition 

proposing the establishment of 

regulations for residuesof a certain 

pesticide chemical in or on various 

foodcommodities.

DATES: Comments, identified by docket 

identification(ID) number OPP–2004–

0398, must be received on or before 

January 7, 2005.

ADDRESSES: Comments may be 

submitted electronically, bymail, or 

through hand delivery/courier. Follow 

the detailed instructionsas provided in 

Unit I. of the 

SUPPLEMENTARYINFORMATION.

FOR FURTHER INFORMATION CONTACT:

Joanne I. Miller,Registration Division 

(7505C), Office of Pesticide Programs, 

EnvironmentalProtection Agency, 1200 

Pennsylvania Ave., NW.,Washington, 

DC20460–0001; telephone number: 

(703) 305–6224; e-mail 

address:miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are anagricultural 

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 providesa guide 

for readers regarding entities likely to be 

affected by thisaction. Other types of 

entities not listed in this unit could also 

beaffected. The North American 

Industrial Classification System 

(NAICS) codeshave been provided to 

assist you and others in determining 

whether thisaction might apply to 

certain entities. If you have any 

questions regardingthe applicability of 

this action to a particular entity, consult 

the personlisted under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Get Copies of this 

Document and Other 

RelatedInformation?

1. Docket. EPA has established an 

official publicdocket for this action 

under docket ID number OPP–2004–

0398.The official public docket consists 

of the documents specificallyreferenced 

in this action, any public comments 

received, and otherinformation related 

to this action. Although, a part of the 

officialdocket, the public docket does 

not include Confidential 

BusinessInformation (CBI) or other 

information whose disclosure is 

restricted bystatute. The official public 

docket is the collection of materials that 

isavailable for public viewing at the 

Public Information and RecordsIntegrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. BellSt., Arlington, VA. This 

docket facility is open from 8:30 a.m. to 

4 p.m.,Monday through Friday, 

excluding legal holidays. The docket 

telephonenumber 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 

71046 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

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 on 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 email 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–2004–0398. 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 opp-docket@epa.gov, 

Attention: Docket ID number OPP–

2004–0398. 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–2004–0398. 

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, 1801 S. Bell St., 

Arlington, VA, Attention: Docket ID 

number OPP–2004–0398. 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. 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71047

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: November 24, 2004. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs.

Summary of Petition 

The petitioner’s summary of the 

pesticide petition is printed below as 

required by FFDCA section 408(d)(3). 

The summary of the petition was 

prepared by Valent U.S.A. Corporation 

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. 

Valent U.S.A. Corportion 

PP 4F6829 

EPA has received a pesticide petition 

(4F6829) from Valent U.S.A. 

Corporation, 1600 Riviera Ave., Suite 

200, Walnut Creek, CA 94596, 

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, by establishing 

a tolerance for residues of the herbicide 

chemical flumioxazin, 2-[7-fluoro-3,4-

dihydro-3-oxo-4-(2-propynyl)-2H-1,4-

benzoxazin-6-yl]-4,5,6,7-tetrahydro-1Hisoindole-1,3(2H)-dione, in or on the 

following raw agricultural commodities: 

Fruit, pome (Crop Group 11) at 0.02 

parts per million (ppm) and fruit, stone 

(Crop Group 12) at 0.02 ppm. 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. The metabolism 

of flumioxazin is adequately understood 

for the purpose of the proposed 

tolerances. 

2. Analytical method. Practical 

analytical methods for detecting and 

measuring levels of flumioxazin have 

been developed and validated in or on 

all appropriate agricultural commodities 

and respective processing fractions. The 

limit of quantitation (LOQ) of 

flumioxazin in the methods is 0.02 ppm 

which will allow monitoring of food 

with residues at the levels proposed for 

the tolerances. 

3. Magnitude of residues. Residue 

data on apples, pears, plums, peaches, 

and cherries (sweet and tart) have been 

submitted which adequately support the 

requested tolerances. Processing studies 

were conducted with apples and plums. 

No residues of flumioxazin were 

detected in any of the raw agricultural 

commodities or processing commodities 

collected from these studies even when 

orchards were treated at an exaggerated 

(2x) rate. No tolerances are proposed for 

apple or plum processing commodities. 

B. Toxicological Profile 

The toxicological profile for 

flumioxazin which supports this 

petition for tolerances was previously 

published in the Federal Register of 

April 18, 2001 (66 FR 19870) (FRL–

6778–5). 

C. Aggregate Exposure 

1. Dietary exposure. Acute and 

chronic dietary analyses were 

conducted to estimate exposure to 

potential flumioxazin residues in or on 

the following crops: Peanuts and 

soybeans (existing tolerances); cotton, 

grapes, almond, pistachio, and 

sugarcane, vegetable, tuberous and corm 

(Subgroup 1C), onion, dry bulb and 

mint (tolerances pending); nut, tree 

(Group 14), (tolerances to be proposed 

in the future); and fruit, pome (Group 

11) and fruit, stone (Group 12) 

(tolerances proposed in the current 

petition). The Cumulative and Aggregate 

Risk Evaluation System (CARES) 

Version 1.1 was used to conduct this 

assessment. Proposed tolerances and 

conservative estimates for percentages 

of the percent crop treated were used in 

these assessments. No adjustments were 

made for common washing, cooking, or 

preparation practices. Exposure 

estimates for water were made based 

upon modeling Generic Expected 

Environmental Concentration (GENEEC 

1.2). 

i. Food—a. Acute. The acute dietary 

exposure estimate of flumioxazin 

residues in food at the 99.9th percentile 

was calculated to be, at most, 26.3% of 

the acute reference dose (aRfD) with a 

margin of exposure (MOE) of 3,797. The 

population subgroup with the highest 

exposure was children 1–2 years old. 

The aRfD was defined as the no 

observed adverse effect level (NOAEL) 

from an oral developmental study in 

rats and includes an uncertainty factor 

of 100 to account for intraspecies and 

interspecies variation and an additional 

10–fold uncertainty factor for FQPA 

(NOAEL = 3 milligrams/kilogram body 

weight (mg/kg bwt/day), aRfD = 0.003 

mg/kg/day). 

b. Chronic. The chronic dietary 

exposure estimate of flumioxazin 

residues in food at the 100th percentile 

was calculated to be, at most, 2.5% of 

the chronic reference dose (cRfD) with 

a MOE of 40,000. The population 

subgroup with the highest exposure was 

the general U.S. population. The cRfD 

was defined as the NOAEL from a rat 2–

year chronic/oncogenicity study and 

includes an uncertainty factor of 100 to 

account for intraspecies and 

interspecies variation and an additional 

10–fold uncertainty factor for Food 

Quality Protection Act (FQPA) (NOAEL 

= 2 mg/kg bwt/day, cRfD = 0.002 mg/kg/

day). 

ii. Drinking water. Since flumioxazin 

is applied outdoors to growing 

agricultural crops, the potential exists 

for the parent or its metabolites to reach 

ground water or surface water that may 

be used for drinking water. Because of 

the physical properties of flumioxazin, 

it is unlikely that flumioxazin or its 

metabolites can leach to potable ground 

water. To quantify potential exposure 

from drinking water, surface water 

concentrations for flumioxazin were 

estimated using GENEEC 1.2. Because 

KOC could not be measured directly in 

adsorption-desorption studies because 

of chemical stability, GENEEC values 

representative of a range of KOC values 

were modeled. The simulation that was 

selected for these exposure estimates 

used an average KOC of 385, indicating 

high mobility. The peak GENEEC 

concentration predicted in the 

simulated pond water was 9.8 parts per 

billion (ppb). Using standard 

assumptions about body weight and 

water consumption, the acute exposure 

from this drinking water would be 

0.00028 and 0.00098 mg/kg/day for 

71048 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

adults and children, respectively. The 

56–day GENEEC concentration 

predicted in the simulated pond water 

was 0.34 ppb. Chronic exposure from 

this drinking water would be 0.0000097 

and 0.000034 mg/kg/day for adults and 

children, respectively; 1.7% of the 

chronic population adjusted dose 

(cPAD) of 0.002 mg/kg/day for children. 

Based on this worse case analysis, the 

contribution of drinking water to the 

dietary exposure is comparable to that 

from food, but the risk is still negligible. 

2. Non-dietary exposure. Flumioxazin 

is proposed only for agricultural uses 

and no homeowner or turf uses. Thus, 

no non-dietary risk assessment is 

needed. 

D. Cumulative Effects 

Section 408(b)(2)(D)(v) requires that 

the Agency must consider ‘‘available 

information’’ concerning the cumulative 

effects of a particular pesticide’s 

residues and ‘‘other substances that 

have a common mechanism of toxicity.’’

Available information in this context 

include not only toxicity, chemistry, 

and exposure data, but also scientific 

policies and methodologies for 

understanding common mechanisms of 

toxicity and conducting cumulative risk 

assessments. Although, the Agency has 

some information in its files that may 

turn out to be helpful in eventually 

determining whether a pesticide shares 

a common mechanism of toxicity with 

any other substances, EPA does not at 

this time have the methodologies to 

resolve the complex scientific issues 

concerning common mechanism of 

toxicity in a meaningful way for most 

registered pesticides. 

E. Safety Determination 

1. U.S. population—i. Acute risk. The 

potential acute exposure from food to 

the U.S. population and various nonchild/infant population subgroups will 

utilize at most 14.2% of the aRfD. 

Addition of the worse case, dietary 

exposure from water (0.00028 mg/kg/

day) increases this exposure at the 99.9th

percentile to 23.7% of the aRfD. The 

Agency has no cause for concern if total 

acute residue contribution is less than 

100% of the aRfD, because the RfD 

represents the level at or below which 

daily aggregate exposure over a lifetime 

will not pose appreciable risk to human 

health. Therefore, it can be concluded 

that there is a reasonable certainty that 

no harm will result to the overall U.S. 

population from aggregate, acute 

exposure to flumioxazin residues. 

ii. Chronic risk. The potential chronic 

exposure from food to the U.S. 

population and various non-child/infant 

population subgroups will utilize at 

most 2.5% of the cRfD. Addition of the 

worse case, dietary exposure from water 

(0.0000097 mg/kg/day) increases this 

exposure at the 100th percentile to 3.0% 

of the cRfD. The Agency has no cause 

for concern if total chronic residue 

contribution is less than 100% of the 

cRfD, because the RfD represents the 

level at or below which daily aggregate 

exposure over a lifetime will not pose 

appreciable risk to human health. 

Therefore, it can be concluded that there 

is a reasonable certainty that no harm 

will result to the overall U.S. population 

from aggregate, chronic exposure to 

flumioxazin residues. 

2. Infants and children—i. Safety 

factor for infants and children. The 

FQPA safety factor (as required by the 

Food Quality Protection Act of August 

3, 1996) has been retained at 10x in 

assessing the risk posed by flumioxazin. 

The reasons for retaining the 10x safety 

factor are as follows. First, there is 

evidence of increased susceptibility of 

rat fetuses to in utero exposure to 

flumioxazin by the oral and dermal 

route in the prenatal developmental 

toxicity studies in rats. In addition, 

there is evidence of increased 

susceptibility of young animals exposed 

to flumioxazin in the 2-generation 

reproduction toxicity study in rats. 

Finally, there is concern for the severity 

of the effects observed in fetuses and 

young animals when compared to those 

observed in the maternal and parental 

animals. Since the additional 10x safety 

factor has been retained to account for 

the apparent increased susceptibility 

from prenatal or postnatal exposures to 

flumioxazin, it would be appropriate to 

apply the extra 10x safety factor to only 

selected subpopulations, e.g., infants 

and children <6 years old and females 

>13 years old. For these assessments, 

however, the 10x safety factor has been 

applied to all population subgroups for 

all exposure durations (acute and 

chronic), thus making these assessments 

additionally conservative. 

ii. Acute risk. The potential acute 

exposure from food to children 1–2 

years old (the most highly exposed 

child/infant subgroup) will utilize at 

most 26.3% of the aRfD. Addition of the 

worse case, dietary exposure from water 

(0.00098 mg/kg/day) increases this 

exposure at the 99.9th percentile to 59% 

of the aRfD. Therefore, it can be 

concluded that, there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate, 

acute exposure to flumioxazin residues. 

iii. Chronic risk. The potential chronic 

exposure from food to children 1–2 

years old (the most highly exposed 

child/infant subgroup) will utilize at 

most 2.4% of the cRfD. Addition of the 

worse case, dietary exposure from water 

(0.000034 mg/kg/day) increases this 

exposure at the 100th percentile to 4.2% 

of the cRfD. Therefore, it can be 

concluded that there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate, 

chronic exposure to flumioxazin 

residues. 

F. International Tolerances.

Flumioxazin has not been evaluated 

by the joint meeting on pesticide 

residues (JMPR) and there are no codex 

Maximum Residue Limits (MRL) for 

flumioxazin. MRL values have been 

established to allow the following uses 

of flumioxazin in the following 

countries.

Country Crop MRL (ppm) 

Argentina Soybean 

Sunflower 

0.015 

0.02 

Brazil Soybean 0.05 

France Grape 0.05 

Paraguay Soybean 0.015 

South Africa Soybean 

Groundnut 

0.02 

0.02 

Spain Soybean 

Peanut 

0.05 

0.05 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71049

[FR Doc. 04–26819 Filed 12–7–04; 8:45 am] 

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPPT–2004–0129; FRL–7690–7] 

Certain New Chemicals; Receipt and 

Status Information

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: Section 5 of the Toxic 

Substances Control Act (TSCA) requires 

any person who intends to manufacture 

(defined by statute to include import) a 

new chemical (i.e., a chemical not on 

the TSCA Inventory) to notify EPA and 

comply with the statutory provisions 

pertaining to the manufacture of new 

chemicals. Under sections 5(d)(2) and 

5(d)(3) of TSCA, EPA is required to 

publish a notice of receipt of a 

premanufacture notice (PMN) or an 

application for a test marketing 

exemption (TME), and to publish 

periodic status reports on the chemicals 

under review and the receipt of notices 

of commencement to manufacture those 

chemicals. This status report, which 

covers the period from October 18, 2004 

to November 9, 2004, consists of the 

PMNs pending or expired, and the 

notices of commencement to 

manufacture a new chemical that the 

Agency has received under TSCA 

section 5 during this time period.

DATES: Comments identified by the 

docket ID number OPPT–2004–0129 

and the specific PMN number or TME 

number, must be received on or before 

January 7, 2005.

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:

Colby Lintner, Regulatory Coordinator, 

Environmental Assistance Division, 

Office of Pollution Prevention and 

Toxics (7408M), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (202) 554–

1404; e-mail address: TSCAHotline@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. As such, the Agency has not 

attempted to describe the specific 

entities that this action may apply to. 

Although others may be affected, this 

action applies directly to the submitter 

of the premanufacture notices addressed 

in the action. 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 

OPPT–2004–0129. 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 

EPA Docket Center, Rm. B102-Reading 

Room, EPA West, 1301 Constitution 

Ave., NW., Washington, DC. The EPA 

Docket Center is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The EPA 

Docket Center Reading Room telephone 

number is (202) 566–1744 and the 

telephone number for the OPPT Docket, 

which is located in EPA Docket Center, 

is (202) 566–0280. 

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.1. 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 and specific PMN 

number or TME 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