99-1901. Diflufenzopyr; Pesticide Tolerance  

  • [Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
    [Rules and Regulations]
    [Pages 4301-4308]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-1901]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 180
    
    [OPP-300778; FRL 6053-8]
    RIN 2070-AB78
    
    
    Diflufenzopyr; Pesticide Tolerance
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This regulation establishes a tolerance for combined residues 
    of diflufenzopyr, 2-(1-[([3,5-difluorophenylamino]carbonyl)-
    hydrazono]ethyl)-3-pyridinecarboxylic acid, and its metabolites 
    convertible to M1 (8-methylpyrido[2,3-d]pyridazin-5(6H)-one) in or on 
    field corn stover, forage and grain. BASF Corporation requested this 
    tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as 
    amended by the Food Quality Protection Act of 1996 (Pub. L. 104-170).
    
    DATES: This regulation is effective January 28, 1999. Objections and 
    requests for hearings must be received by EPA on or before March 29, 
    1999.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    docket control number, [OPP-300778], must be submitted to: Hearing 
    Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
    SW., Washington, DC 20460. Fees accompanying objections and hearing 
    requests shall be labeled ``Tolerance Petition Fees'' and forwarded to: 
    EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
    P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and 
    hearing requests filed with the Hearing Clerk identified by the docket 
    control number, [OPP-300778], must also be submitted to: Public 
    Information and Records Integrity Branch, Information Resources and 
    Services Division (7502C), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
    bring a copy of objections and hearing requests to Rm. 119, Crystal 
    Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA.
        A copy of objections and hearing requests filed with the Hearing 
    Clerk may also be submitted electronically by sending electronic mail 
    (e-mail) to: opp-docket@epamail.epa.gov. Copies of objections and 
    hearing requests must be submitted as an ASCII file avoiding the use of 
    special characters and any form of encryption. Copies of objections and 
    hearing requests will also be accepted on disks in WordPerfect 5.1/6.1 
    or ASCII file format. All copies of objections and hearing requests in 
    electronic form must be identified by the docket control number [OPP-
    300778]. No Confidential Business Information (CBI) should be submitted 
    through e-mail. Electronic copies of objections and hearing requests on 
    this rule may be filed online at many Federal Depository Libraries.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Joanne I. Miller, 
    Registration Division (7505C), Office of Pesticide Programs, 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
    Office location, telephone number, and e-mail address: Crystal Mall #2, 
    1921 Jefferson Davis Hwy., Arlington, VA, (703) 305-6224; e-mail: 
    miller.joanne@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: In the Federal Register of November 21, 
    1997, (62 FR 62304) (FRL 5755-4), EPA, issued a notice pursuant to 
    section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
    U.S.C. 346a(e) announcing the filing of a pesticide petition (PP) for 
    tolerance by BASF Corporation, P.O. Box 13528, Research Triangle Park, 
    North Carolina 27709. This notice included a summary of the petition 
    prepared by BASF Corporation, the registrant. There were no comments 
    received in response to the notice of filing.
        The petition requested that 40 CFR part 180 be amended by 
    establishing tolerances for combined residues of the herbicide 
    diflufenzopyr, 2-(1-[([3,5-difluorophenylamino]carbonyl)-
    hydrazono]ethyl)-3-pyridinecarboxylic acid, and its metabolites 
    convertible to M1, (8-methylpyrido[2,3-d]pyridazin-5(6H)-one), in or on 
    field corn fodder (stover), forage and grain at 0.05 part per million 
    (ppm). Note that the scientific assessments relevant to establishing 
    these tolerances for diflufenzopyr were conducted jointly between EPA 
    and the Pest Management Regulatory Agency (PMRA) of Canada as a project 
    under the North American Free Trade Agreement (NAFTA) and the Canadian 
    United States Trade Agreement (CUSTA). Diflufenzopyr qualified as a 
    candidate for such a program due to its classification as a reduced 
    risk pesticide.
    
    [[Page 4302]]
    
    I. Risk Assessment and Statutory Findings
    
        Section 408(b)(2)(A)(i) of the 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) 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) 
    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.''
        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 and a complete description of 
    the risk assessment process, see the Final Rule on Bifenthrin Pesticide 
    Tolerances, November 26, 1997, (62 FR 62961) (FRL 5754-7).
    
    II. Aggregate Risk Assessment and Determination of Safety
    
        Consistent with section 408(b)(2)(D), 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 
    diflufenzopyr and to make a determination on aggregate exposure, 
    consistent with section 408(b)(2), for tolerances for combined residues 
    of diflufenzopyr, 2-(1-[([3,5-difluorophenylamino] 
    carbonyl)hydrazono]ethyl)-3-pyridinecarboxylic acid, and its 
    metabolites convertible to M1, (8-methylpyrido[2,3-d]pyridazin-5(6H)-
    one) on field corn stover, forage and grain at 0.05 ppm. EPA's 
    assessment of the dietary exposures and risks associated with 
    establishing the tolerance follows.
    
    A. Toxicological Profile
    
        EPA has evaluated the available toxicity data and considered its 
    validity, completeness, and reliability as well as the relationship of 
    the results of the studies to human risk. EPA has also considered 
    available information concerning the variability of the sensitivities 
    of major identifiable subgroups of consumers, including infants and 
    children. The nature of the toxic effects caused by diflufenzopyr are 
    discussed below.
         1. Acute toxicology studies place technical-grade diflufenzopyr in 
    Toxicity Category III or IV for all routes of exposure. It is not a 
    dermal sensitizer.
         2. In a subchronic feeding study in rats, male and female Wistar 
    rats were fed test diets containing technical diflufenzopyr, purity 
    96%, at dose levels of 0, 1,000, 5,000, 10,000 and 20,000 ppm (equal to 
    0, 60.8, 352, 725 and 1,513 milligram/kilogram body weight/day (mg/kg 
    bw/day) for males, and 0, 72.8, 431, 890 and 1,750 mg/kg bw/day for 
    females) for a period of 13 weeks, 10 rats per sex per group. An 
    additional 10 rats per sex were assigned to the 0 and 20,000 ppm groups 
    for a 4-week recovery period following treatment. The no observed 
    adverse effect level (NOAEL) was set at 5,000 ppm (equal to 352 mg/kg 
    bw/day for males, and 431 mg/kg bw/day for females) based on lower mean 
    body weight gain and decreased food efficiency in the 10,000 and 20,000 
    ppm groups, both sexes. Additional findings were decreased food intake 
    (20,000 ppm, males only); slight increases in cholesterol (20,000 ppm, 
    both sexes, and 10,000 ppm, males only) and ALAT (10,000 and 20,000 
    ppm, both sexes); and slightly lower chloride (20,000 ppm, both sexes). 
    Histopathological findings were an increased incidence of foamy 
    macrophages in the lungs in the 10,000 and 20,000 ppm groups, both 
    sexes, and testicular atrophy in the 20,000 ppm group. Following the 4-
    week recovery period, the only treatment-related effects which showed 
    partial or no evidence of recovery were foamy macrophages in the lungs 
    and testicular atrophy.
         3. In a 13-week feeding study, male and female CD-1 mice were fed 
    test diets containing technical diflufenzopyr, purity 97.1%, at dietary 
    concentrations of 0, 350, 1,750, 3,500 and 7,000 ppm (equal to 0, 58, 
    287, 613 and 1,225 mg/kg bw/day for males, and 0, 84, 369, 787 and 
    1,605 mg/kg bw/day for females) for a period of 13 weeks, 10 mice per 
    sex per group. The NOAEL was determined to be 7,000 ppm (equal to 1,225 
    mg/kg bw/day for males and 1,605 mg/kg bw/day for females) since there 
    were no treatment-related effects observed in male or female mice at 
    any dose level tested.
         4. In a subchronic toxicity study in dogs, diflufenzopyr (98% 
    a.i.) was administered to beagle dogs (4/sex/dose) by feeding at dose 
    levels of 0, 1,500, 10,000, or 30,000 ppm (0, 58, 403, or 1,131 mg/kg/
    day for males; 0, 59, 424, or 1,172 mg/kg/day for females) for 13 
    weeks. The lowest adverse effect level (LOAEL) for this study is 10,000 
    ppm (403 mg/kg/day in males and 424 mg/kg/day in females), based on the 
    occurrence of erythroid hyperplasia in the bone marrow, extramedullary 
    hemopoiesis in the liver, and hemosiderin deposits in Kupffer cells. 
    The NOAEL is 1,500 ppm (58 mg/kg/day in males and 59 mg/kg/day in 
    females).
         5. In the subchronic dermal toxicity study, technical 
    diflufenzopyr, purity 96.4%, was moistened with distilled water and 
    administered by dermal application to male and female New Zealand White 
    rabbits, 5/sex/dose, at dose levels of 0, 100, 300 and 1,000 mg/kg bw 
    per application. Duration of application was 6 hours a day, daily for 
    21 to 24 consecutive days. The NOAEL for systemic toxicity was 
    determined to be 1,000 mg/kg bw/day, since there were no apparent signs 
    of treatment-related systemic effects observed in male or female 
    rabbits at any dose level tested. A NOAEL for dermal effects could not 
    be determined since local dermal irritation was observed at all dose 
    levels tested (there were no corresponding findings upon 
    histopathological examination).
         6. In a chronic toxicity study in dogs, diflufenzopyr (98.1% a.i.) 
    was administered to beagle dogs (4/sex/dose) by feeding at dose levels 
    of 0, 750, 7,500, or 15,000 ppm (0, 26, 299, or 529 mg/kg/day for 
    males; 0, 28, 301, or 538 mg/kg/day for females) for 52 weeks. The 
    LOAEL for this study is 7,500 ppm (299 mg/kg/day for males and 301 mg/
    kg/day for females), based on erythroid hyperplasia in the bone marrow 
    in bone sections, reticulocytosis, and increased hemosiderin deposits 
    in the liver, kidneys, and spleen. The NOAEL is 750 ppm (26 mg/kg/day 
    for males and 28 mg/kg/day for females).
         7. In a mouse carcinogenicity study, male and female CD-1 mice 
    were fed test diets containing technical diflufenzopyr, purity 98.1%, 
    at dietary concentrations of 0, 700, 3,500 and 7,000 ppm (equal to 0, 
    100, 517 and 1,037 mg/kg bw/day for males, and 0, 98, 500 and 1,004 mg/
    kg bw/day for females), 60 mice per sex per group, for a period of 78 
    weeks. The NOAEL for systemic toxicity was determined to be 7,000 ppm 
    (equal to 1,037 mg/kg bw/day for males and 1,004 mg/kg bw/day for 
    females). There were no treatment-related effects observed at any dose 
    level tested in male rats. There was a slight, but statistically 
    significantly lower mean overall body weight gain for
    
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    females in the 7,000 ppm group, due primarily to decreased gain/
    increased weight loss during the second year of the study. In the 
    absence of any other treatment-related findings, this was not 
    considered to be an adverse, toxicologically significant finding. There 
    was no evidence of oncogenic potential of diflufenzopyr for male or 
    female mice at any dose level tested.
         8. In a combined chronic toxicity/carcinogenicity study, male and 
    female Wistar rats were fed test diets containing technical 
    diflufenzopyr, purity 97.1% to 99.6%, at dietary concentrations of 0, 
    500, 1,500, 5,000 and 10,000 ppm (equal to 0, 22, 69, 236 and 518 mg/kg 
    bw/day for males, and 0, 29, 93, 323 and 697 mg/kg bw/day for females), 
    72 rats per sex per group, for a period of 104 weeks. The NOAEL for 
    systemic toxicity was set at 5,000 ppm (equal to 236 mg/kg bw/day for 
    males and 323 mg/kg bw/day for females). Treatment-related effects in 
    the 10,000 ppm group were significantly lower body weight and body 
    weight gains throughout the study period and decreased food efficiency. 
    There was no evidence of oncogenic potential of diflufenzopyr at any 
    dose level tested. The incidences of benign and malignant tumors were 
    comparable between control and treated groups.
         9. In a developmental toxicity study, technical diflufenzopyr 
    (98.1% a.i.) in 0.5% aqueous methyl cellulose was administered by 
    gavage to 25 female Crl: CD BR VAF/Plus (Sprague Dawley) rats/dose at 
    dose levels of 0, 100, 300, or 1,000 mg/kg/day from days 6 through 15 
    of gestation. The maternal NOAEL is 300 mg/kg/day and the maternal 
    LOAEL is 1,000 mg/kg/day based on decreases in food consumption and 
    weight gain. Developmental effects, characterized as significantly 
    lower fetal body weights in males ( 5%) and skeletal variations, 
    exhibited as incompletely ossified and unossified sternal centra and 
    reduced fetal ossification sites for caudal vertebrae, were observed at 
    1,000 mg/kg/day. The developmental LOAEL is 1,000 mg/kg/day, based on 
    decreased fetal body weights and skeletal variations. The developmental 
    NOAEL is 300 mg/kg/day.
         10. In a developmental toxicity study, technical diflufenzopyr 
    (98.1% a.i.) in 0.5% aqueous methyl cellulose was administered by 
    gavage to 20 female New Zealand White Hra: (NZW)SPF rabbits/dose at 
    dose levels of 0, 30, 100, or 300 mg/kg/day from days 6 through 19 of 
    gestation. The maternal LOAEL is 100 mg/kg/day, based on minimal 
    reductions in body weight gain with no reduction in food consumption 
    and clinical signs of toxicity (abnormal feces). The maternal NOAEL is 
    30 mg/kg/day. Developmental effects, characterized as significant 
    increases (p0.01) in the incidence of supernumerary thoracic 
    rib pair ossification sites (12.74 vs. 12.54 for controls) occurred at 
    the 300 mg/kg/day dose. No treatment-related developmental effects were 
    noted at the low- or mid-doses. The developmental LOAEL is 300 mg/kg/
    day based on increased skeletal variations (supernumerary rib 
    ossification sites). The developmental NOAEL is 100 mg/kg/day.
         11. In a 2-generation reproduction study, technical diflufenzopyr 
    (98.1% a.i.) was administered continuously in the diet to 26 Wistar 
    rats/sex/dose at dose levels of 0, 500, 2,000 or 8,000 ppm in the diet 
    (0, 27.3-42.2, 113.1-175.9, or 466.2-742.0 mg/kg/day). The systemic 
    LOAEL is 2,000 ppm (113.1-175.9 mg/kg/day) based on reduced body weight 
    gain, increased food consumption, and increased seminal vesicle 
    weights. The systemic NOAEL is 500 ppm (27.3-42.2 mg/kg/day). The 
    reproductive LOAEL is 8,000 ppm (466.2-742.0 mg/kg/day) based on lower 
    live birth and viability indices, total pre-perinatal loss, reduced 
    body weights and body weight gain during lactation, a higher proportion 
    of runts, and a higher percentage of offspring with no milk in the 
    stomach. The reproductive NOAEL is 2,000 ppm (113.1-175.9 mg/kg/day).
         12. In an acute neurotoxicity study, diflufenzopyr (96.4% a.i.) 
    was administered by gavage to Crl:CD BR rats (10/sex/group) at dose 
    levels of 0, 125, 500 or 2,000 mg/kg. The rats were evaluated for 
    reactions in functional observations and motor activity measurements at 
    3 hours, 7 days, and 14 days postdosing. Histopathological evaluation 
    on the brain and peripheral nerves was assessed after day 14. 
    Diflufenzopyr had no definite impact on neurotoxic responses, although 
    a few abnormalities were observed in the functional battery on the day 
    of dosing. A decrease in immediate righting responses that was observed 
    in several males in all treatment groups was not concentration-
    dependent. Nasal staining was observed in more rats in the 2,000 mg/kg 
    treatment groups (6 males; 3 females), but was not considered a 
    definite or significant response to treatment. Lower mean brain weights 
    in all female treatment groups lacked associated macroscopic and 
    microscopic histopathological changes, and were only 4-5% lower than 
    the control brain weight. Mean locomotor activities for the 2,000 mg/kg 
    female treatment groups were decreased on Days 7 ( 27%, p < 0.05)="" and="" 14="">15%, not significant) after dosing, but the 
    pattern of activity for the individual animals was similar to the 
    individual controls over time. There were no definite treatment-related 
    differences in body weights or food consumption in any of the treatment 
    groups. There was no evidence of treatment-related neuropathology in 
    the 2,000 mg/kg treatment group. A LOAEL was not established. The NOAEL 
    for acute neurotoxicity is 2,000 mg/kg (the limit dose).
         13. In a subchronic neurotoxicity study, diflufenzopyr (96.4% 
    a.i.) was administered in the diet to Crl: CD BR rats (10/sex/group) at 
    dose levels of 0, 25, 75 or 1,000 mg/kg/day for 13 weeks. The rats were 
    evaluated for reactions in functional observations and motor activity 
    testing at 4 hours and during weeks 4, 8 and 13 of treatment. No 
    treatment-related neurotoxicological effects were observed at any 
    treatment level. A LOAEL for neurotoxicological effects was not 
    established; the NOAEL was 1,000 mg/kg/day for both sexes. Treatment-
    related toxic effects were observed at the 1,000 mg/kg/day treatment 
    level. The toxicological LOAEL for this study is 1,000 mg/kg/day, based 
    on decreased body weight gains for both sexes. The toxicological NOAEL 
    is 75 mg/kg/day.
         14. In a microbial mutagenicity assay, Salmonella typhimurium 
    strains TA98, TA100, TA1535, TA1537, and TA1538 were exposed to 
    diflufenzopyr (97.1%) in DMSO at concentrations of 333, 667, 1,000, 
    3,330, 6,670 and 10,000 g/plate in the presence and absence of 
    mammalian metabolic activation. Diflufenzopyr (97.1%) was tested to 
    twice the limit concentration of 5,000 g/plate and 
    cytotoxicity was observed at 6,670 and 10,000 g/plate in the 
    absence of activation (-S9) but not in its presence (+S9). The positive 
    controls induced the appropriate responses in the corresponding 
    strains. There was no evidence that the test article induced mutant 
    colonies over background.
         15. In a mammalian cell gene mutation assay at the thymidine 
    kinase locus, heterozygous L5178Y (TK +/-) mouse lymphoma cells 
    cultured in vitro were exposed in independent repeat assays to 
    diflufenzopyr technical (97.1% a.i.) in dimethyl sulfoxide at dose 
    levels ranging from 0.05 to 3.0 mg/mL (50 to 3,000 g/mL) in 
    the presence and absence of S9 mammalian metabolic activation in the 
    first trial, and 0.05 to 2.0 mg/mL (50 to 2,000 g/mL) in the 
    second. Diflufenzopyr was tested up to cytotoxic dose levels and 
    mutation frequencies were determined for dose levels selected on the 
    basis of relative
    
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    growth. Although initially declared positive by the then study 
    director, application of more recent criteria for mutagenic responses 
    has rendered the test article negative for forward gene mutation at the 
    TK locus in mouse L5178Y cells in the presence and absence of S9 
    activation. The positive controls induced the appropriate responses.
         16. In an in vivo mouse bone marrow micronucleus assay, groups of 
    15 male and female ICR mice were dosed by oral gavage with 
    diflufenzopyr (technical, 97.1%) in corn oil at 500, 1,667, and 5,000 
    mg/kg. Bone marrow cells were harvested at 24, 48, or 72 hours and 
    scored for micronucleated polychromatic erythrocytes (MPCEs). No 
    mortalities or adverse clinical signs were observed at any dose 
    including the limit dose of 5,000 mg/kg, and there were no changes in 
    the PCE/NCE ratios (an indirect measure of cytotoxicity). The positive 
    control induced significant increases in MPCEs, also in the absence of 
    any target cell cytotoxicity. No significant increase in the frequency 
    of MPCEs in bone marrow cells after any treatment time were recorded; 
    therefore, the test article is considered negative in this micronucleus 
    assay.
         17. In an unscheduled DNA synthesis assay, primary rat hepatocyte 
    cultures were exposed to diflufenzopyr (97.1% a.i.) in 
    dimethylsulfoxide (DMSO) at 15 concentrations ranging from 0.0250 to 
    1,000 g/mL in the presence of 10Ci/ml3 
    HtdR (42 Ci/mmole) for approximately 19 hours. Mutagenicity, as 
    measured by unscheduled DNA synthesis (UDS), was determined for 6 
    concentrations selected on the basis of cytotoxicity. The 
    concentrations selected were 5.00, 10.0, 25.0, 50.0, 100, and 250 
    g/mL. The highest concentration selected for UDS evaluation, 
    250 g/mL, was moderately toxic (50.8% survival). There was no 
    evidence that unscheduled DNA synthesis, as determined by radioactive 
    tracer procedures (nuclear silver grain counts) was induced. The 
    positive control induced the appropriate response.
         18. In a rat metabolism study, (phenyl-U-14C) or 
    (pyridinyl-4,6-14C) diflufenzopyr was administered to five 
    Wistar rats/sex/dose group as a single intravenous dose at 1 mg/kg/day, 
    a single oral dose (gavage) at 10 or 1,000 mg/kg or a single dose at 10 
    mg/kg following a 14-day pretreatment with unlabeled diflufenzopyr at 
    10 mg/kg. Bile-duct cannulated rats from each dose group were 
    sacrificed at 48 hours post-dose (Subgroup 2). Non-cannulated rats from 
    each dose group were sacrificed at 72 hours (Subgroup 1) or 24 hours 
    (Subgroup 3) post-dose. (14C) Diflufenzopyr was only 
    partially absorbed from the GI tracts of orally dosed rats as indicated 
    by the levels of excretion in urine and bile. In all orally dosed 
    groups, 20-44% of the dose was excreted in the urine and 3-11% was 
    excreted in the bile. In contrast, intravenously dosed rats excreted 
    61-89% of the dose in urine and 4-19% of the dose in bile. For all 
    orally dosed groups, the level of absorption was similar between sexes. 
    Dose level and pretreatment had little effect on the proportion of the 
    dose excreted in urine following oral administration. Enterohepatic 
    circulation plays a role in the elimination of 14C 
    diflufenzopyr in rats. 3-19% of the dose was recovered in the bile of 
    all dose groups. Within 72 hours of dosing, intravenously-dosed rats 
    excreted the majority of radioactivity in urine (61-89%), whereas 
    orally-dosed rats excreted most of the radioactivity in feces (49-79%), 
    regardless of radiolabel or sex. Pretreatment did not appear to affect 
    the pattern of excretion. Bile-cannulated rats excreted lesser amounts 
    in feces compared to non-cannulated rats; 3-19% of the dose was 
    excreted in bile. The estimated half-lives of radiocarbon eliminated in 
    urine and feces was 5.3-6.9 hours for all single intravenous and oral 
    dose groups, and 7.7-10.8 hours for all repeat oral dose groups. Total 
    radioactive residues in tissues from rats in all dose groups were <3% of="" the="" administered="" dose.="" total="" tissue="" residue="" levels="" were="" highest="" in="" rats="" sacrificed="" at="" 24="" hours="" post-dose;="" residue="" levels="" were="" highest="" in="" blood,="" blood="" cell,="" and="" serum="" for="" the="" phenyl="" label="" groups,="" and="" were="" highest="" in="" liver="" and="" kidney="" for="" the="" pyridinyl="" label="" groups.="" blood="" residue="" levels="" for="" all="" dose="" groups="" were=""><1% of="" the="" administered="" dose="" at="" all="" sampling="" intervals="" through="" 72="" hours="" post-dose.="" tlc="" and="" hplc="" analyses="" were="" conducted="" on="" 0-72="" and="" 0-48="" urine="" and="" feces="" samples,="" and="" on="" 0-48="" hour="" bile="" samples="" from="" each="" treatment="" regimen.="" the="" structures="" of="" the="" metabolites="" were="" confirmed="" using="" 2-d="" tlc,="" hplc,="" lc/ms,="" dip/ms,="" fab/ms,="" and="" proton="" nmr.="" for="" each="" dose="" group,="" the="" metabolic="" profile="" was="" similar="" between="" sexes,="" except="" for="" differences="" in="" metabolite="" levels.="" unchanged="" diflufenzopyr="" was="" identified="" as="" the="" major="" component="" in="" urine,="" feces,="" and="" bile="" from="" all="" dose="" groups="" using="" either="" radiolabel.="" urinary="" metabolites="" identified="" in="" the="">14C-phenyl labeled dose groups 
    included: 3,5-difluoroaniline (M2; aniline) and 6-((3,5-difluorophenyl) 
    carbomyl)-8-methyl-pyrido (2,3-d)-5-pyridazinone (M5; carbamoyl 
    phthalazinone). Urinary metabolites identified in the 14C-
    pyridinyl labeled dose groups included: 8-methyl-5-hydroxy-pyrido(2,3-
    d)-pyridazine (M1; phthalazinone); carbamoyl phthalazinone (M5); 2-
    acetyl nicotinic acid (M6; 2-acetyl nicotinic acid); 8-
    methylpyrido[2,3-d]pyridazine-2,5(1H, 6H)-dione (M9; 2-keto-M1); 8-
    hydroxymethyl-5(6H)-pyrido[2,3-d]pyridazinone (M10; 8-hydroxymethyl-
    M1); and, 8-hydroxymethylpyrido[2,3-d]pyridazine-2,5(1H,6H)-dione (M19; 
    2-keto-8-hydroxymethyl-M1 or Metabolite E). Fecal metabolites 
    identified in the phenyl label groups included: methyl N-(3,5-
    difluorophenyl)carbamate (M8) and M5. Fecal metabolites identified in 
    the pyridinyl label groups included: M1, M5, M6, M9, and M10. Besides 
    parent, bile samples also contained minor amounts of M5 (both labels) 
    and M1 (pyridinyl label only). The data indicate that diflufenzopyr is 
    excreted primarily as unchanged parent in urine, feces, and bile. Minor 
    amounts of hydrolysis products (M1, M5, and M6) and hydroxylation 
    products (M9, M10, and M19) were identified in excreta.
    
    B. Toxicological Endpoints
    
        1. Acute toxicity. For acute dietary risk assessment, an acute 
    Reference Dose (RfD) of 1.0 mg/kg/day has been selected, based on the 
    developmental NOAEL of 100 mg/kg/day from the Rabbit Developmental 
    Study and an uncertainty factor of 100 (10x for interspecies 
    differences and 10x for intraspecies variations). The endpoint is based 
    on developmental findings (increased skeletal variations) in rabbits 
    which can be attributed to a single gavage dose during gestation and 
    which occurred at a maternally toxic dose. The population subgroup at 
    risk for this developmental effect is females of child-bearing age (13+ 
    years). No appropriate toxicological endpoint is available in the data 
    base for other subgroups of the population including infants and 
    children.
         2. Short - and intermediate - term toxicity. Since there was no 
    observed dermal or systemic toxicity in a rabbit 21-day dermal study 
    with diflufenzopyr, short- and intermediate-term toxicity endpoints are 
    not being established.
         3. Chronic toxicity. EPA has established the RfD for diflufenzopyr 
    at 0.26 milligrams/kilogram/day (mg/kg/day). This RfD is based on bone 
    marrow compensated hemolytic anemia observed in the 1-year dog feeding 
    study with a NOAEL of 26 mg/kg/day.
        4. Carcinogenicity. Based on the lack of evidence of 
    carcinogenicity in mice and rats at doses that were judged to be 
    adequate to assess the carcinogenic
    
    [[Page 4305]]
    
    potential, diflufenzopyr has been characterized as ``not likely'' to be 
    a human carcinogen.
    
    C. Exposures and Risks
    
        1. From food and feed uses. No previous tolerances have been 
    established for the combined residues of diflufenzopyr, 2-(1-[([3,5-
    difluorophenylamino]carbonyl)-hydrazono]ethyl)-3-pyridinecarboxylic 
    acid, and its metabolites convertible to M1, (8-methylpyrido[2,3-
    d]pyridazin-5(6H)-one). Risk assessments were conducted by EPA to 
    assess dietary exposures from diflufenzopyr as follows:
        i.  Acute exposure and risk. Acute dietary risk 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 one day or single exposure. An acute dietary risk assessment was 
    performed for diflufenzopyr, its metabolites characterized as M1, and 
    M10. The analysis was conducted using the acute RfD of 1.0 mg/kg/day, 
    based on developmental findings (increased skeletal variations) 
    observed in the Rabbit Developmental Study. For the population subgroup 
    of concern, females 13 years and older, the estimated 95th percentile 
    of exposure is equal to 0.01% of the acute RfD. The analysis is 
    conservative since it assumes that 100% of corn-derived foods contain 
    residues at the tolerance level (0.05 ppm).
        ii. Chronic exposure and risk. A chronic dietary risk assessment 
    was performed for diflufenzopyr, its metabolites characterized as M1, 
    and M10. The analysis used the RfD of 0.26 mg/kg bwt/day and assumed 
    that 100% of corn-derived foods contain residues at the tolerance level 
    (0.05 ppm). These assumptions result in a Theoretical Maximum Residue 
    Contribution (TMRC) that is less than or equal to 0.1% of the RfD for 
    the overall U.S. population (48 states) and all population subgroups.
        2. From drinking water. There are no established Maximum 
    Contaminant Levels or health advisory levels for residues of 
    diflufenzopyr or its metabolites in drinking water. EPA used the SCI-
    GROW (Screening Concentration in Ground Water) model to estimate 
    residues of diflufenzopyr in ground water and the GENEEC (Generic 
    Expected Environmental Concentration) model to estimate diflufenzopyr 
    residue levels in surface water. Estimated environmental concentrations 
    (EECs) in ground water reflecting an application rate of 0.12 pounds of 
    active ingredient per acre were 0.006 parts per billion (ppb) for acute 
    and chronic exposure scenarios. EECs in surface water were 3.8 ppb for 
    acute exposure scenarios and 1.95 ppb for chronic exposure scenarios. 
    The computer generated EECs represent conservative estimates and should 
    be used only for screening.
        i. Acute exposure and risk. EPA has calculated a drinking water 
    level of comparison (DWLOC) for acute exposure to diflufenzopyr in 
    drinking water for the relevant population subgroup, females 13 + years 
    of age. THE DWLOC is 29,970 ug/L.
         To calculate the DWLOCs for acute exposure relative to an acute 
    toxicity endpoint, the acute dietary food exposure from the DEEM 
    (Dietary Exposure Evaluation Model) analysis was subtracted from the 
    ratio of the acute NOAEL (used for acute dietary assessments) to the 
    acceptable margin of exposure (MOE) for aggregate exposure to obtain 
    the acceptable acute exposure to diflufenzopyr in drinking water. 
    DWLOCs were then calculated using default body weights and drinking 
    water consumption figures.
         Estimated maximum concentrations of diflufenzopyr in surface and 
    ground water are 3.80 ppb and 0.006 ppb, respectively. The estimated 
    maximum concentrations in water are less than EPA's level of comparison 
    (29,970 ppb) for diflufenzopyr residues in drinking water as a 
    contribution to acute aggregate exposure. Therefore, taking into 
    account the use proposed in this action, EPA concludes with reasonable 
    certainty that residues of diflufenzopyr 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.
        ii. Chronic exposure and risk. EPA has calculated drinking water 
    levels of comparison (DWLOCs) for chronic exposure to diflufenzopyr in 
    drinking water. For chronic (non-cancer) exposure to diflufenzopyr in 
    surface and ground water, the drinking water levels of comparison are 
    9,100 ug/L and 2,600 ug/L for the U.S. population and the subgroup 
    children (1-6 years old), respectively.
         To calculate the DWLOCs for chronic (non-cancer) exposure relative 
    to a chronic toxicity endpoint, the chronic dietary food exposure (from 
    the DEEM analysis) and residential exposure were subtracted from the 
    RfD to obtain the acceptable chronic (non-cancer) exposure to 
    diflufenzopyr in drinking water. DWLOCs were then calculated using 
    default body weights and drinking water consumption figures.
         Estimated average concentrations of diflufenzopyr in surface and 
    ground water are 1.95 ppb and 0.006 ppb, respectively. The DWLOCs are 
    9,100 ppb for the U.S. population and 2,600 ppb for the subgroup, 
    children (1-6 years old). The estimated average concentrations of 
    diflufenzopyr in surface and ground water are less than EPA's levels of 
    comparison for diflufenzopyr in drinking water as a contribution to 
    chronic aggregate exposure.
        3. From non-dietary exposure. There are no registered or proposed 
    residential uses for diflufenzopyr.
        4. Cumulative exposure to substances with common mechanism of 
    toxicity. Section 408(b)(2)(D)(v) 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.''
        EPA does not have, at this time, available data to determine 
    whether diflufenzopyr has a common mechanism of toxicity with other 
    substances or how to include this pesticide in a cumulative risk 
    assessment. Unlike other pesticides for which EPA has followed a 
    cumulative risk approach based on a common mechanism of toxicity, 
    diflufenzopyr 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 diflufenzopyr 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 Final Rule 
    for Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997).
    
    D. Aggregate Risks and Determination of Safety for U.S. Population
    
        1. Acute risk. For the population subgroup of concern, females 13+ 
    years old, the acute dietary (food) exposure does not exceed 0.02% of 
    the acute RfD. The drinking water level of comparison (DWLOC) for acute 
    exposure to diflufenzopyr residues is 29,970 ug/L for females (13+ 
    years). The maximum concentration of diflufenzopyr in drinking water 
    (3.80 ug/L) is less than EPA's level of comparison for diflufenzopyr in 
    drinking water as a contribution to acute aggregate exposure. EPA 
    concludes with reasonable certainty that residues of diflufenzopyr in 
    drinking water will not contribute significantly to the aggregate acute 
    human health risk and that the
    
    [[Page 4306]]
    
    acute aggregate exposure from diflufenzopyr in food and water will not 
    exceed the Agency's level of concern for acute dietary exposure.
        2. Chronic risk. Using the TMRC exposure assumptions described 
    above, EPA has concluded that aggregate exposure to diflufenzopyr from 
    food will utilize less than 0.1% of the RfD for the U.S. population. 
    The major identifiable subgroup with the highest aggregate exposure, 
    children 1-6 years old, is ``discussed below.'' EPA generally has no 
    concern for exposures below 100% of the RfD because the RfD represents 
    the level at or below which daily aggregate dietary exposure over a 
    lifetime will not pose appreciable risks to human health. Despite the 
    potential for exposure to diflufenzopyr in drinking water and from non-
    dietary, non-occupational exposure, EPA does not expect the aggregate 
    exposure to exceed 100% of the RfD. EPA concludes that there is a 
    reasonable certainty that no harm will result from aggregate exposure 
    to diflufenzopyr residues.
        3. Short- and intermediate-term risk. Short- and intermediate-term 
    aggregate exposure takes into account chronic dietary food and water 
    (considered to be a background exposure level) plus indoor and outdoor 
    residential exposure. There are no established or proposed residential 
    uses for diflufenzopyr. Therefore, the short and intermediate aggregate 
    risks are adequately addressed by the chronic aggregate dietary risk 
    assessment.
        4. Aggregate cancer risk for U.S. population. Diflufenzopyr has 
    been classifiedd as ``not likely'' to be a human carcinogen.
        5. Determination of safety. Based on these risk assessments, EPA 
    concludes that there is a reasonable certainty that no harm will result 
    from aggregate exposure to diflufenzopyr residues.
    
    E. Aggregate Risks and Determination of Safety for Infants and Children
    
        1. Safety factor for infants and children-- i. In general. In 
    assessing the potential for additional sensitivity of infants and 
    children to residues of diflufenzopyr, EPA considered data from 
    developmental toxicity studies in the rat and rabbit and a two-
    generation reproduction study in the rat. The developmental toxicity 
    studies are designed to evaluate adverse effects on the developing 
    organism resulting from maternal pesticide exposure gestation. 
    Reproduction studies provide information relating to effects from 
    exposure to the pesticide on the reproductive capability of mating 
    animals and data on systemic toxicity.
        FFDCA section 408 provides that EPA shall apply an additional 
    tenfold margin of safety for infants and children in the case of 
    threshold effects to account for pre-and post-natal toxicity and the 
    completeness of the database unless EPA determines that a different 
    margin of safety will be safe for infants and children. Margins of 
    safety are incorporated into EPA risk assessments either directly 
    through use of a margin of exposure (MOE) analysis or through using 
    uncertainty (safety) factors in calculating a dose level that poses no 
    appreciable risk to humans. EPA believes that reliable data support 
    using the standard uncertainty factor (usually 100 for combined inter- 
    and intra-species variability) and not the additional tenfold MOE/
    uncertainty factor when EPA has a complete data base under existing 
    guidelines and when the severity of the effect in infants or children 
    or the potency or unusual toxic properties of a compound do not raise 
    concerns regarding the adequacy of the standard MOE/safety factor.
        ii. Pre- and post-natal sensitivity.  There is no indication of 
    increased sensitivity of rats or rabbits to in utero and/or early 
    postnatal exposure to diflufenzopyr in the developmental and 
    reproductive toxicity studies.
        iii. Conclusion. There is a complete toxicity database for 
    diflufenzopyr and exposure data is complete or is estimated based on 
    data that reasonably accounts for potential exposures. Taking into 
    account the completeness of the database and the toxicity data 
    regarding pre- and post-natal sensitivity, EPA concludes, based on 
    reliable data, that use of the standard margin of safety will be safe 
    for infants and children without addition of another tenfold factor.
        2. Acute risk. No appropriate acute toxicological endpoint has been 
    identified for infants and children.
        3. Chronic risk. Using the exposure assumptions described above, 
    EPA has concluded that aggregate exposure to diflufenzopyr from food 
    will utilize 0.1% of the RfD for infants and children. EPA generally 
    has no concern for exposures below 100% of the RfD because the RfD 
    represents the level at or below which daily aggregate dietary exposure 
    over a lifetime will not pose appreciable risks to human health. 
    Despite the potential for exposure to diflufenzopyr in drinking water, 
    EPA does not expect the aggregate exposure to exceed 100% of the RfD.
        4. Determination of safety. Based on these risk assessments, EPA 
    concludes that there is a reasonable certainty that no harm will result 
    to infants and children from aggregate exposure to diflufenzopyr 
    residues.
    
    III. Other Considerations
    
    A. Metabolism In Plants and Animals
    
        The nature of the residue in plants (field corn) and animals is 
    understood. In field corn, the urea bond is cleaved to yield 
    metabolites containing a new bicyclic ring system. No diflufenzopyr was 
    detected in any of the corn matrices; metabolites comprising >10% total 
    radioactive residue (TRR) include M1 (8-methylpyrido[2,3-d]pyridazin-
    5(6H)-one), M10 (8-hydroxymethyl-5(6H)-pyrido[2,3-d]pyridazone) and its 
    glucose conjugate, and M9 (8-methylpyrido[2,3-d]pyridazine-2,5(1H,6H)-
    dione in forage and fodder, and 6-14% TRR lignin was found in fodder. 
    Corn grain contained 3-4 discrete unknowns, all at <10% trr="" or=""><0.05 ppm="" each.="" the="" residues="" of="" concern="" in="" plants="" are="" diflufenzopyr,="" 2-(1-="" [([3,5-difluorophenylamino]carbonyl)-hydrazono]ethyl)-3-="" pyridinecarboxylic="" acid,="" and="" its="" metabolites="" convertible="" to="" m1="" (8-="" methylpyrido[2,3-d]pyridazin-5(6h)-one).="" in="" livestock,="" the="" majority="">90%) of diflufenzopyr was 
    excreted. In the ruminant, major metabolites include M1, M5 (6-((3,5-
    difluorophenylcarbamoyl-8-methyl-pyrido[2,3-d]-5-pyridazinone) and M19 
    (8-hydroxymethylpyrido[2,3-d]pyridazine-2,5(1H,6H)-dione. A substantial 
    amount (8-50%) of diflufenzopyr was also found in milk, kidney, and 
    liver. In poultry, diflufenzopyr was not detected, and M1 was the only 
    significant metabolite identified, and in egg white only. Transfer of 
    secondary residues to livestock is not expected .
    
    B. Analytical Enforcement Methodology
    
         Adequate enforcement methodology (gas chromatography) is available 
    to enforce the tolerance expression. The method may be requested from: 
    Calvin Furlow, PRRIB, IRSD (7502C), Office of Pesticide Programs, 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
    Office location and telephone number: Rm 101FF, Crystal Mall #2, 1921 
    Jefferson Davis Hwy., Arlington, VA 22202, (703-305-5229).
    
    C. Magnitude of Residues
    
        Residues of diflufenzopyr, 2-(1-[([3,5-
    difluorophenylamino]carbonyl)-hydrazono]ethyl)-3-pyridinecarboxylic 
    acid, and its metabolites convertible to M1 (8-methylpyrido[2,3-
    d]pyridazin-5(6H)-one) are not expected to exceed 0.05 ppm in field 
    corn grain, forage and stover.
    
    [[Page 4307]]
    
    D. International Residue Limits
    
        There are no CODEX or Mexican residue limits established for 
    diflufenzopyr or its metabolites. As part of the joint review, Canada 
    will be setting an equivalent Maximum Residue Level (MRL) for corn 
    grain. Therefore, no compatibility problems exist for the proposed 
    tolerances.
    
    E. Rotational Crop Restrictions
    
        The end-use product, which contains the active ingredients 
    diflufenzopyr and dicamba (sodium salts), will contain a statement 
    limiting the planting of rotational crops for a least 120 days after 
    application. This restriction is based on rotational crop data for 
    dicamba. The rotational crop study submitted for diflufenzopyr was not 
    conducted in accordance with EPA guidelines. However, based on the 
    results of this study, the low residues in the treated corn crop and 
    diflufenzopyr's lack of persistence in soil, EPA does not expect 
    residues of diflufenzopyr and its metabolites to occur in rotational 
    crops at the 120-day plant-back interval, when corn is treated at the 
    label rate of up to 0.125 pounds active ingredient per acre per season.
    
    IV. Conclusion
    
        Therefore, tolerances are established for combined residues of 
    diflufenzopyr, 2-(1-[([3,5-difluorophenylamino]carbonyl)-
    hydrazono]ethyl)-3-pyridinecarboxylic acid, and its metabolites 
    convertible to M1, (8-methylpyrido[2,3-d]pyridazin-5(6H)-one) in field 
    corn stover, forage and grain at 0.05 ppm ppm.
    
    V. Objections and Hearing Requests
    
        The new FFDCA section 408(g) provides essentially the same process 
    for persons to ``object'' to a tolerance regulation as was provided in 
    the old section 408 and in section 409. However, the period for filing 
    objections is 60 days, rather than 30 days. EPA currently has 
    procedural regulations which govern the submission of objections and 
    hearing requests. These regulations will require some modification to 
    reflect the new law. However, until those modifications can be made, 
    EPA will continue to use those procedural regulations with appropriate 
    adjustments to reflect the new law.
        Any person may, by March 29, 1999, file written objections to any 
    aspect of this regulation and may also request a hearing on those 
    objections. Objections and hearing requests must be filed with the 
    Hearing Clerk, at the address given above (40 CFR 178.20). A copy of 
    the objections and/or hearing requests filed with the Hearing Clerk 
    should be submitted to the OPP docket for this rulemaking. The 
    objections submitted must specify the provisions of the regulation 
    deemed objectionable and the grounds for the objections (40 CFR 
    178.25). Each objection must be accompanied by the fee prescribed by 40 
    CFR 180.33. If a hearing is requested, the objections must include a 
    statement of the factual issues on which a hearing is requested, the 
    requestor's contentions on such issues, and a summary of any evidence 
    relied upon by the requestor (40 CFR 178.27). A request for a hearing 
    will be granted if the Administrator determines that the material 
    submitted shows the following: There is 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 in the manner sought by the requestor would be adequate 
    to justify the action requested (40 CFR 178.32). 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.
    
    VI. Public Record and Electronic Submissions
    
        EPA has established a record for this rulemaking under docket 
    control number [OPP-300778] (including any comments and data submitted 
    electronically). A public version of this record, including printed, 
    paper versions of electronic comments, which does not include any 
    information claimed as CBI, is available for inspection from 8:30 a.m. 
    to 4 p.m., Monday through Friday, excluding legal holidays. The public 
    record is located in Room 119 of the Public Information and Records 
    Integrity Branch, Information Resources and Services Division (7502C), 
    Office of Pesticide Programs, Environmental Protection Agency, Crystal 
    Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA.
        The official record for this rulemaking, as well as the public 
    version, as described above will be kept in paper form. Accordingly, 
    EPA will transfer any copies of objections and hearing requests 
    received electronically into printed, paper form as they are received 
    and will place the paper copies in the official rulemaking record which 
    will also include all comments submitted directly in writing. The 
    official rulemaking record is the paper record maintained at the 
    Virginia address in ``ADDRESSES'' at the beginning of this document.
    
    VII. Regulatory Assessment Requirements
    
    A. Certain Acts and Executive Orders
    
        This final rule establishes tolerances under FFDCA section 408(d) 
    in response to a petition submitted to the Agency. 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). 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) (Pub. L. 104-4). Nor does 
    it require any prior consultation as specified by Executive Order 
    12875, entitled Enhancing the Intergovernmental Partnership (58 FR 
    58093, October 28, 1993), or special considerations as required by 
    Executive Order 12898, entitled Federal Actions to Address 
    Environmental Justice in Minority Populations and Low-Income 
    Populations (59 FR 7629, February 16, 1994), or require OMB review in 
    accordance with Executive Order 13045, entitled Protection of Children 
    from Environmental Health Risks and Safety Risks (62 FR 19885, April 
    23, 1997).
        In addition, since tolerances and exemptions that are established 
    on the basis of a petition under FFDCA section 408(d), such as the 
    tolerances 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. Nevertheless, the Agency has 
    previously assessed whether establishing tolerances, exemptions from 
    tolerances, raising tolerance levels or expanding exemptions might 
    adversely impact small entities and concluded, as a generic matter, 
    that there is no adverse economic impact. The factual basis for the 
    Agency's generic certification for tolerance actions published on May 
    4, 1981 (46 FR 24950) and was provided to the Chief Counsel for 
    Advocacy of the Small Business Administration.
    
    [[Page 4308]]
    
    B. Executive Order 12875
    
        Under Executive Order 12875, entitled Enhancing the 
    Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
    not issue a regulation that is not required by statute and that creates 
    a mandate upon a State, local, or tribal government, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by those governments. If the mandate is unfunded, EPA 
    must provide to OMB a description of the extent of EPA's prior 
    consultation with representatives of affected State, local, and tribal 
    governments, the nature of their concerns, copies of any written 
    communications from the governments, and a statement supporting the 
    need to issue the regulation. In addition, Executive Order 12875 
    requires EPA to develop an effective process permitting elected 
    officials and other representatives of State, local, and tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory proposals containing significant unfunded mandates.''
        Today's rule does not create an unfunded Federal mandate on State, 
    local, or tribal governments. The rule does not impose any enforceable 
    duties on these entities. Accordingly, the requirements of section 1(a) 
    of Executive Order 12875 do not apply to this rule.
    
    C. Executive Order 13084
    
        Under Executive Order 13084, entitled Consultation and Coordination 
    with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
    issue a regulation that is not required by statute, that significantly 
    or uniquely affects the communities of Indian tribal governments, and 
    that imposes substantial direct compliance costs on those communities, 
    unless the Federal government provides the funds necessary to pay the 
    direct compliance costs incurred by the tribal governments. If the 
    mandate is unfunded, EPA must provide to OMB, in a separately 
    identified section of the preamble to the rule, a description of the 
    extent of EPA's prior consultation with representatives of affected 
    tribal governments, a summary of the nature of their concerns, and a 
    statement supporting the need to issue the regulation. In addition, 
    Executive Order 13084 requires EPA to develop an effective process 
    permitting elected officials and other representatives of Indian tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory policies on matters that significantly or uniquely affect 
    their communities.''
        Today's rule does not significantly or uniquely affect the 
    communities of Indian tribal governments. This action does not involve 
    or impose any requirements that affect Indian tribes. Accordingly, the 
    requirements of section 3(b) of Executive Order 13084 do not apply to 
    this rule.
    
    VIII. Submission to Congress and the Comptroller General
    
        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 the rule in the Federal Register. This 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: January 14, 1999.
    
    Marcia E. Mulkey,
    Director, Office of Pesticide Programs.
        Therefore, 40 CFR chapter I is amended as follows:
    
    PART 180 -- [AMENDED]
    
        1. The authority citation for part 180 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 346a and 371.
    
    
        2. By adding Sec. 180.549 to read as follows:
    
    
    Sec. 180.549  Diflufenzopyr; tolerances for residues.
    
        (a) General. Tolerances are established for combined residues of 
    diflufenzopyr, 2-(1-[([3,5-difluorophenylamino]carbonyl)-
    hydrazono]ethyl)-3-pyridinecarboxylic acid, and its metabolites 
    convertible to M1 (8-methylpyrido[2,3-d]pyridazin-5(6H)-one) in or on 
    the following raw agricultural commodities.
    
    ------------------------------------------------------------------------
                                                                      Parts
                               Commodity                               per
                                                                     million
    ------------------------------------------------------------------------
    Field corn, forage.............................................   0.05
     
    Field corn, grain..............................................   0.05
     
    Field corn, stover.............................................   0.05
    ------------------------------------------------------------------------
    
        (b) Section 18 emergency exemptions. [Reserved]
        (c)  Tolerances with regional registrations. [Reserved]
        (d)  Indirect or inadvertent residues. [Reserved]
    
    [FR Doc. 99-1901 Filed 1-27-99; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
1/28/1999
Published:
01/28/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-1901
Dates:
This regulation is effective January 28, 1999. Objections and requests for hearings must be received by EPA on or before March 29, 1999.
Pages:
4301-4308 (8 pages)
Docket Numbers:
OPP-300778, FRL 6053-8
RINs:
2070-AB78
PDF File:
99-1901.pdf
CFR: (1)
40 CFR 180.549