3690 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices

metabolites. The metabolites are then

photolyzed and further degraded and

finally mineralized to CO2. Leaching

studies and lysimeter studies indicate

that under typical agricultural

conditions, neither pyridate nor its

metabolites were detected below 30

centimeters. Ground water monitoring

studies conducted in Europe have not

confirmed any detection of pyridate or

metabolites. Therefore, significant

movement of pyridate is not likely and

is not a considerable factor in assessing

human health risk.

3. Non-dietary exposure. There are no

registered uses for pyridate on

residential or recreational turf.

Therefore, non-dietary exposure of

pyridate is not likely and not a factor in

assessing human health risk.

D. Cumulative Effects

Pyridate belongs to the pyridazine

group of herbicidal compounds and has

a unique mode of action in plants.

Sandoz does not have data to indicate

a common mechanism of toxicity to

other compounds in humans. Therefore

cumulative effects from common

mechanisms of action are unlikely.

E. Safety Determination

1. U.S. population. The cPAD is

calculated to be 0.11 mg/kg bwt/day.

The estimates of exposure are based on

conservative assumptions that all crops

with a tolerance for pyridate are treated

and that all residues found are at the

maximum or tolerance level. The

dietary exposure to the U.S. population

for the current uses plus the corn grain,

peanut butter, and cabbage uses is

estimated at most to be 6.0 x 10–5 mg/

kg/bwt/day, which is 0.1% of the cPAD.

Therefore, Novartis concludes that there

is reasonable certainty of no harm from

aggregate exposure of residues of

pyridate or its metabolites including all

dietary and other non-occupational

exposures.

2. Infants and children. Pyridate is

not a reproductive or developmental

toxicant. Therefore no specific effects on

infants and children are expected. Based

on the weight of evidence of the toxicity

studies, an additional safety factor is not

warranted.

Using the same assumptions as above,

the exposure to infants and children is

presented as a percent of cPAD. The

dietary exposure for the current uses

plus the corn grain, peanut butter, and

cabbage uses for non-nursing infants is

estimated as 1.25 x 10–4 mg/kg/bwt/day,

which is 0.1% of the cPAD. For children

age 1–6, the estimated exposure is 1.43

x 10–4 mg/kg/day, 0.1% of the cPAD.

Therefore, Sandoz concludes that there

is reasonable certainty of no harm from

aggregate exposure of residues of

pyridate or its metabolites including all

dietary and other non-occupational

exposures.

F. International Tolerances

No international tolerances have been

established for pyridate on peppermint

tops and spearmint tops by CODEX

Alimentarius Commission.

[FR Doc. 00–1553 Filed 1–21–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[PF–914; FRL–6486–8]

Notice of Filing Pesticide Petitions to

Establish a Tolerance for Certain

Pesticide Chemicals in or on Food

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the

initial filing of pesticide petitions

proposing the establishment of

regulations for residues of certain

pesticide chemicals in or on various

food commodities.

DATES: Comments, identified by docket

control number PF–914, must be

received on or before February 23, 2000.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I.C. of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, it is

imperative that you identify docket

control number PF–914 in the subject

line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Mary Waller, Registration Support

Branch, Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460; telephone

number: (703) 308–9354; e-mail address:

waller.mary@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer or pesticide manufacturer.

Potentially affected categories and

entities may include, but are not limited

to:

CategoriesNAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

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 the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have 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 Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register--Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number PF–

914. The official record consists of the

documents specifically referenced in

this action, any public comments

received during an applicable comment

period, and other information related to

this action, including any information

claimed as confidential business

information (CBI). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the Public

Information and Records Integrity

Branch (PIRIB), Rm. 119, Crystal Mall 2,

1921 Jefferson Davis Highway,

Arlington, VA, from 8:30 a.m. to 4 p.m.,

Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3691

Monday through Friday, excluding legal

holidays. The PIRIB telephone number

is (703) 305–5805.

C. How and to Whom Do I Submit

Comments?

You may submit comments through

the mail, in person, or electronically. To

ensure proper receipt by EPA, it is

imperative that you identify docket

control number PF–914 in the subject

line on the first page of your response.

1. By mail. Submit your comments to:

Public Information and Records

Integrity Branch (PIRIB), Information

Resources and Services Division

(7502C), Office of Pesticide Programs

(OPP), Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW., Washington,

DC 20460.

2. In person or by courier. Deliver

your comments to: Public Information

and Records Integrity Branch (PIRIB),

Information Resources and Services

Division (7502C), Office of Pesticide

Programs (OPP), Environmental

Protection Agency, Rm. 119, Crystal

Mall 2, 1921 Jefferson Davis Highway,

Arlington, VA. The PIRIB is open from

8:30 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays. The

PIRIB telephone number is (703) 305–

5805.

3. Electronically. You may submit

your comments electronically by e-mail

to: ‘‘opp-docket@epa.gov ,’’ or you can

submit a computer disk as described

above. Do not submit any information

electronically that you consider to be

CBI. Avoid the use of special characters

and any form of encryption. Electronic

submissions will be accepted in

Wordperfect 6.1/8.0 or ASCII file

format. All comments in electronic form

must be identified by docket control

number PF–914. Electronic comments

may also be filed online at many Federal

Depository Libraries.

D. How Should I Handle CBI That I

Want to Submit to the Agency?

Do not submit any information

electronically that you consider to be

CBI. You may claim information that

you submit to EPA in response to this

document as CBI 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.

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

version of the official record.

Information not marked confidential

will be included in the public version

of the official record without prior

notice. If you have any questions about

CBI or the procedures for claiming CBI,

please consult the person identified

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 control

number assigned to this action in the

subject line on the first page of your

response. You may also provide the

name, date, and Federal Register

citation.

II. What Action is the Agency Taking?

EPA has received pesticide petitions

as follows proposing the establishment

and/or amendment of regulations for

residues of certain pesticide chemicals

in or on various food commodities

under section 408 of the Federal Food,

Drug, and Comestic Act (FFDCA), 21

U.S.C. 346a. EPA has determined that

these petitions contain data or

information regarding the elements set

forth in section 408(d)(2); however, EPA

has not fully evaluated the sufficiency

of the submitted data at this time or

whether the data supports granting of

the 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: January 7, 2000.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Summaries of Petitions

Petitioner summaries of the pesticide

petitions are printed below as required

by section 408(d)(3) of the FFDCA. The

summaries of the petitions were

prepared by the petitioners and

represent the views of the petitioners.

EPA is publishing the petition

summaries verbatim without editing

them in any way. 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.

AgrEvo USA Company

PP 6F4693; 4F4380

EPA has received pesticide petitions

(PP 6F4693, PP 4F4380) from AgrEvo

USA Company, 2711 Centerville Road,

Wilmington, DE 19808 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 tolerances for

residues of flutolanil in or on the raw

agricultural commodities potatoes at

0.20 parts per million (ppm), and potato

waste (wet) at 0.40 ppm, rice at 2.0 ppm,

rice straw at 12.0 ppm, and in or on the

processed food commodities rice hulls

at 7.0 ppm and rice bran at 3.0 ppm.

EPA has determined that the petitions

contain 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 supports granting of

the petitions. Additional data may be

needed before EPA rules on the

petitions.

A. Residue Chemistry

1. Plant metabolism. The metabolism

of flutolanil in plants is adequately

understood for the purposes of this

petition. Plant metabolism studies have

been conducted in rice, cucumber, and

peanuts. The metabolic profile for

flutolanil was similar in all three crops.

The major route of degradation was 4′-

O-dealkylation to

desisopropylflutolanil, followed by

conjugation. Other metabolites may

occur at very low levels due to

hydroxylation and oxidation of the side

chain, hydroxylation of the aniline ring,

and methylation of the hydroxyl groups.

These minor metabolites were also

subject to conjugation. The residues of

concern are the parent, flutolanil, and

desisopropylflutolanil.

2. Analytical method. The analytical

method designated AU-95R-04 has been

independently validated and is

adequate for enforcement purposes. A

multi-residue method for flutolanil has

been previously submitted to the EPA.

The method is for use only by

3692 Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices

experienced chemists who have

demonstrated knowledge of the

principles of trace organic analysis and

have proven skills and abilities to run

a complex residue analytical method,

obtaining accurate results at the part per

billion level. Users of this method are

expected to perform additional method

validation prior to using the method for

either monitoring or enforcement. The

method can detect gross misuse.

3. Magnitude of residues. Fourteen

residue trials were conducted to

determine the residues of flutolanil in

potatoes after use as a seed piece

protectant. Potato seed pieces were

treated with flutolanil, planted, and the

harvested potatoes analyzed for residues

of flutolanil. In these studies, flutolanilderived residues ranged from nondetectable (< 0.05 ppm) to 0.11 ppm in

potato tubers.

A processing study was also

conducted to support the use of

flutolanil as a potato seed piece

protectant. Concentration of residues

was observed into wet peel (1.7x). No

concentration was observed in potato

granules, chips, or flakes.

B. Toxicological Profile

1. Acute toxicity. A battery of acute

studies was conducted indicating an

acute oral lethal dose50 (LD50) of >

10,000 milligrams/kilograms (mg/kg) for

rats and mice; an acute rat dermal LD50

of > 2,000 mg/kg; an acute rat inhalation

LC50 of > 5.98 mg/L; no dermal

irritation; slight eye irritation; and no

evidence of dermal sensitization.

2. Genotoxicity. Flutolanil has been

tested in a battery of in vitro and in vivo

assays. No evidence of genotoxicity was

noted in gene mutation assays with

Salmonella, E. coli or mouse lymphoma

cells; a mouse micronucleus assay, or in

an in vitro unscheduled DNA synthesis

assay. A weakly positive response was

noted in an in vitro cytogenetics assay

in Chinese hamster lung cells but no

evidence of clastogenicity was noted in

an in vitro cytogenetics assay in human

lymphocytes. The overall weight of

evidence indicates that flutolanil is not

genotoxic.

3. Reproductive and developmental

toxicity. A 3–generation rat

reproduction study was conducted at

dietary concentrations of 0, 1,000 and

10,000 ppm. The no observed adverse

effect level (NOAEL) for this study is

considered to be 1,000 ppm (equivalent

to 63 mg/kg/day), based on reduced pup

weights late in lactation at 10,000 ppm.

Because the Agency considered this

study supplementary, a 2–generation rat

reproduction study was subsequently

conducted at dietary concentrations of

200, 2,000 and 20,000 ppm (equivalent

to 1,936 mg/kg/day). The Agency,

however, has concluded that the

NOAEL of the original study (63 mg/kg/

day) should continue to be used for risk

assessment.

4. Subchronic toxicity. A 90–day rat

feeding study was conducted at dose

levels of 500, 4,000 and 20,000 ppm.

The NOAEL in this study was

considered to be 500 ppm (equivalent to

37 mg/kg/day for males and 44 mg/kg/

day for females) based on increased

liver weights at 4,000 ppm and slightly

decreased body weights at 20,000 ppm.

5. Chronic toxicity. In a 2–year

chronic toxicity/oncogenicity study,

flutolanil was administered to rats at

dietary levels of 0, 40, 200, 2,000 and

10,000 ppm. The NOAEL was

considered to be 2,000 ppm (86.9 mg/

kg/day for males and 103.1 mg/kg/day

for females) based on reduced body

weight gain in males and increased liver

weights in females at 10,000 ppm. No

evidence of carcinogenicity was

observed.

6. Animal metabolism. Studies in rats,

ruminants and poultry suggest that

flutolanil is not well-absorbed following

oral administration. Once absorbed,

however, it is rapidly metabolized,

primarily to desisopropylflutolanil and

its conjugates, and rapidly excreted via

urine and feces.

7. Endocrine effects. No special

studies have been conducted to

investigate the potential of flutolanil to

induce estrogenic or other endocrine

effects. However, no evidence of such

effects has been observed in the

subchronic, chronic or reproductive

studies previously discussed. Thus, the

potential for flutolanil to cause

endocrine effects is considered to be

minimal.

8. Toxicity endpoint selection.

Flutolanil is of low acute toxicity via all

routes of administration and did not

induce significant maternal or

developmental toxicity in either rats or

rabbits, even at the limit dose of 1,000

mg/kg/day. Furthermore, no evidence of

toxicity was noted following repeated

dosing at 1,000 mg/kg/day in a 21–day

dermal toxicity study.

Thus, acute dietary, occupational and

residential risk assessments are not

considered necessary. The Agency has

concluded that the chronic Referene

Dose (RfD) for flutolanil should be 0.63

mg/kg/day, based on the NOAEL of 63

mg/kg/day from the first rat

multigeneration reproduction study and

a 100–fold Uncertainty Factor. The

Agency has also determined that the

carcinogenicity classification for

flutolanil should be ‘‘Group E--Evidence

of Non-Carcinogenicity for Humans.’’

C. Aggregate Exposure

1. Dietary exposure. Flutolanil is

registered for use on rice, peanuts, and

turf and ornamentals. Registration for

use on potatoes as a seed piece

treatment has been proposed. Potential

sources of non-occupational exposure

would consist of any potential residues

in food and drinking water, and from

uses of flutolanil on residential turf or

ornamentals. As previously indicated,

in the absence of any acute toxicity

concerns, only chronic exposures have

been evaluated.

i. Food. Time-limited tolerances have

been previously established for

flutolanil in/on rice commodities, and

tolerances with no time limitations are

established for peanut commodities,

meat, milk, and eggs. Tolerances have

been proposed for flutolanil on potatoes.

Potential dietary exposures to flutolanil

from these food commodities were

assessed using the Exposure 1 software

system (TAS, Inc.) and food

consumption data from the 1977–1978

USDA Continuing Surveys of Food

Consumption by Individuals (CSFII).

For the purposes of this assessment, it

was assumed that 100% of all of the

above commodities contained residues

of flutolanil at the existing or proposed

tolerance levels.

ii. Drinking water. The potential for

flutolanil to leach into ground water has

been assessed in two terrestrial field

dissipation studies, a long-term

terrestrial field dissipation study, and

an aquatic field dissipation study.

Under field conditions, the half-life of

flutolanil varied from 101 to 123 days in

the long-term field soil dissipation

study, which was consistent with the

other field studies, and was

approximately 180 days in the aquatic

environment. Flutolanil strongly

adsorbs to soil following application

and did not exhibit mobility under

either terrestrial or aquatic conditions.

The water solubility of flutolanil is quite

low (equivalent to 5.0 ppm). Based on

these environmental fate data and the

conditions of use, the potential for

movement of flutolanil into ground

water is very low, and as such the

potential contribution of any such

residues to the total dietary intake of

flutolanil will be negligible. No

Maximum Contaminant Level or Health

Advisory Level for residues of flutolanil

in drinking water has been established.

2. Non-dietary exposure. As a

professional use turf and ornamental

fungicide, flutolanil is used primarily (>

95%) on golf courses for control of

brown patch disease (Rhizoctonia

solani). Very limited use of flutolanil

may occur on commercial ornamental

Federal Register / Vol. 65, No. 15 / Monday, January 24, 2000 / Notices 3693

turf by professional lawn care

applicators or on sod farms. The

product is rarely, if ever, used on

homeowner turf due to the fact that the

diseases it controls (Brown patch, Fairy

ring, and snow molds) occur in highfertility, high-maintenance turf (e.g., golf

courses), not in homeowner lawns.

Thus, non-dietary exposure to flutolanil

would be minimal. Furthermore, no

dermal toxicity endpoints of concern

have been identified for flutolanil. Thus,

an assessment of non-dietary exposure

and risk is not considered to be

necessary.

D. Cumulative Effects

Flutolanil has demonstrated only

minimal toxicity in animal studies. The

mechanism of this toxicity is unknown.

Furthermore, there are no available data

to indicate that flutolanil has a common

mechanism of toxicity with other

substances. Thus, only the potential

risks from flutolanil are being

considered in this document.

E. Safety Determination

1. U.S. population. Based on the

existing and proposed tolerances in

potatoes, rice, peanuts and, secondary

commodities, the Theoretical Maximum

Residue Contribution (TMRC) of the

current action is estimated to be

0.001353 mg/kg/day for the U.S.

population in general. This exposure

would utilize less than 1% of the RfD.

There is generally no concern for

exposures below 100% of the RfD since

the RfD represents the exposure level at

or below which daily exposure over a

lifetime will not pose any appreciable

risks to human health. Therefore, there

is a reasonable certainty that no harm

will result in the U.S. population in

general from aggregate exposure to

flutolanil.

2. Infants and children. Data from

reproductive and developmental

toxicity studies are generally used to

assess the potential for increased

sensitivity of infants and children. No

evidence of developmental toxicity was

noted in rats or rabbits, even at the limit

dose of 1,000 mg/kg/day. Reduced pup

weights in the absence of parental

toxicity were noted at the high-dose

level (10,000 ppm) in a 3–generation rat

reproduction study. However, no such

effects were noted in a subsequent

reproduction study, even at a higher

dose level (20,000 ppm). Furthermore,

the reduced weight gain in the first

study began late in the lactation period,

at a time when the pups were likely

ingesting significant quantities of diet.

Feed intake is much higher in young

animals than in adults and the apparent

increase in sensitivity may simply

reflect the higher test material intake in

these pups on a mg/kg basis compared

to the adults. Thus, AgrEvo believes that

the overall weight of evidence does not

indicate any special concern for infants

and children, and that no additional

safety factor is necessary.

Based on the existing and proposed

tolerances in rice, potatoes, peanuts,

and secondary commodities, the TMRC

from the current petition is estimated to

be 0.006498 mg/kg/day for the most

highly exposed subpopulation, nonnursing infants (less than 1 year old).

This exposure would utilize

approximately 1% of the RfD. Therefore,

there is a reasonable certainty that no

harm will result to infants or children

from aggregate exposure to flutolanil.

F. International Tolerances

No Codex Alimentarius Commission

(CODEX) tolerances have been

established for flutolanil.

[FR Doc. 00–1551 Filed 1–21–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[PF–911; FRL–6485–5]

Notice of Filing a Pesticide Petition to

Establish a Tolerance for Certain

Pesticide Chemicals in or on Food

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the

initial filing of pesticide petitions

proposing the establishment of

regulations for residues of certain

pesticide chemicals in or on various

food commodities.

DATES: Comments, identified by docket

control number PF–911, must be

received on or before February 23, 2000.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I.C. of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, it is

imperative that you identify docket

control number PF–911 in the subject

line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Judy Loranger, Biopesticides and

Pollution Prevention Division (7511C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone number: (703) 308–8056; email address: loranger.judy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer or pesticide manufacturer.

Potentially affected categories and

entities may include, but are not limited

to:

CategoriesNAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

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 the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have 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 Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register--Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number PF–

911. The official record consists of the

documents specifically referenced in

this action, any public comments

received during an applicable comment

period, and other information related to

this action, including any information

claimed as confidential business

information (CBI). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any