98-556. Fenoxaprop-ethyl; Pesticide Tolerance  

  • [Federal Register Volume 63, Number 6 (Friday, January 9, 1998)]
    [Rules and Regulations]
    [Pages 1369-1377]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-556]
    
    
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 180
    
    [OPP-300597; FRL-5764-1]
    RIN 2070-AB78
    
    
    Fenoxaprop-ethyl; Pesticide Tolerance
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This regulation establishes tolerances for the combined 
    residues of fenoxaprop-ethyl [()-ethyl 2-[4-[(6-chloro-2-
    benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-[4-](6-
    chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
    dihydrobenzoxazol-2-one in or on the following raw agricultural 
    commodities (RACs): cattle, fat, meat by-products (mbyp) and meat at 
    0.05 part per million (ppm); goats, fat, mbyp and meat at 0.05 ppm; 
    hogs, fat, mbyp and meat at 0.05 ppm; horses, fat, mbyp and meat at 
    0.05 ppm; milk at 0.02 ppm; sheep, fat, mbyp and meat at 0.05ppm; 
    wheat, grain at 0.05, and wheat straw at 0.50 ppm. It also removes 
    time-limited tolerances for residues of fenoxaprop-ethyl on the same 
    commodities that expired on November 1, 1997. AgrEvo USA Company 
    requested this tolerance under the Federal Food, Drug, and Cosmetic Act 
    (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA) 
    (Pub. L. 104-170).
    
    DATES: This regulation is effective January 9, 1998. Objections and 
    requests for hearings must be received by EPA on or before March 10, 
    1998.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    docket control number, [OPP-300597], 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-300597], 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. 1132, CM #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 
    file format or ASCII file format. All copies of objections and hearing 
    requests in electronic form must be identified by the docket control 
    number [OPP-300597]. 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, Product 
    Manager (PM) 23, Registration Division (7505C), Office of Pesticide 
    Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
    DC 20460.
    
    [[Page 1370]]
    
    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 September 17, 
    1997 (62 FR 48837) (FRL-5741-1), 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 AgrEvo USA Company, Little Falls One, 2711 Centerville 
    Road, Wilmington, DE 19808. This notice included a summary of the 
    petition prepared by AgrEvo USA Company, the registrant. There were no 
    comments received in response to the notice of filing.
        The petition requested that 40 CFR 180.430 (b) be amended by 
    establishing tolerances for the combined residues of the herbicide 
    fenoxaprop-ethyl [()-ethyl 2-[4-[(6-chloro-2-
    benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-[4-](6-
    chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
    dihydrobenzoxazol-2-one, in or on the following raw agricultural 
    commodities: cattle, fat, mbyp and meat at 0.05 part per million (ppm); 
    goats, fat, mbyp and meat at 0.05 ppm; hogs, fat, mbyp and meat at 
    0.05ppm; horses, fat, mbyp and meat at 0.05 ppm; milk at 0.02 ppm; 
    sheep, fat, mbyp and meat at 0.05 ppm; wheat, grain at 0.05 ppm; and 
    wheat straw at 0.50 ppm.
    
    I. Risk Assessment and Statutory Findings
    
        New 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. First, EPA determines the 
    toxicity of pesticides based primarily on toxicological studies using 
    laboratory animals. These studies address many adverse health effects, 
    including (but not limited to) reproductive effects, developmental 
    toxicity, toxicity to the nervous system, and carcinogenicity. Second, 
    EPA examines exposure to the pesticide through the diet (e.g., food and 
    drinking water) and through exposures that occur as a result of 
    pesticide use in residential settings.
    
    A. Toxicity
    
        1. Threshold and non-threshold effects. For many animal studies, a 
    dose response relationship can be determined, which provides a dose 
    that causes adverse effects (threshold effects) and doses causing no 
    observed effects (the ``no-observed effect level'' or ``NOEL'').
        Once a study has been evaluated and the observed effects have been 
    determined to be threshold effects, EPA generally divides the NOEL from 
    the study with the lowest NOEL by an uncertainty factor (usually 100 or 
    more) to determine the Reference Dose (RfD). The RfD is a level at or 
    below which daily aggregate exposure over a lifetime will not pose 
    appreciable risks to human health. An uncertainty factor (sometimes 
    called a ``safety factor'') of 100 is commonly used since it is assumed 
    that people may be up to 10 times more sensitive to pesticides than the 
    test animals, and that one person or subgroup of the population (such 
    as infants and children) could be up to 10 times more sensitive to a 
    pesticide than another. In addition, EPA assesses the potential risks 
    to infants and children based on the weight of the evidence of the 
    toxicology studies and determines whether an additional uncertainty 
    factor is warranted. Thus, an aggregate daily exposure to a pesticide 
    residue at or below the RfD (expressed as 100% or less of the RfD) is 
    generally considered acceptable by EPA. EPA generally uses the RfD to 
    evaluate the chronic risks posed by pesticide exposure. For shorter 
    term risks, EPA calculates a margin of exposure (MOE) by dividing the 
    estimated human exposure into the NOEL from the appropriate animal 
    study. Commonly, EPA finds MOEs lower than 100 to be unacceptable. This 
    100-fold MOE is based on the same rationale as the 100-fold uncertainty 
    factor.
        Lifetime feeding studies in two species of laboratory animals are 
    conducted to screen pesticides for cancer effects. When evidence of 
    increased cancer is noted in these studies, the Agency conducts a 
    weight of the evidence review of all relevant toxicological data 
    including short-term and mutagenicity studies and structure activity 
    relationship. Once a pesticide has been classified as a potential human 
    carcinogen, different types of risk assessments (e.g., linear low dose 
    extrapolations or MOE calculation based on the appropriate NOEL) will 
    be carried out based on the nature of the carcinogenic response and the 
    Agency's knowledge of its mode of action.
        2. Differences in toxic effect due to exposure duration. The 
    toxicological effects of a pesticide can vary with different exposure 
    durations. EPA considers the entire toxicity data base, and based on 
    the effects seen for different durations and routes of exposure, 
    determines which risk assessments should be done to assure that the 
    public is adequately protected from any pesticide exposure scenario. 
    Both short and long durations of exposure are always considered. 
    Typically, risk assessments include ``acute,'' ``short-term,'' 
    ``intermediate term,'' and ``chronic'' risks. These assessments are 
    defined by the Agency as follows.
        Acute risk, by the Agency's definition, results from 1-day 
    consumption of food and water, and reflects toxicity which could be 
    expressed following a single oral exposure to the pesticide residues. 
    High end exposure to food and water residues are typically assumed.
        Short-term risk results from exposure to the pesticide for a period 
    of 1-7 days, and therefore overlaps with the acute risk assessment. 
    Historically, this risk assessment was intended to address primarily 
    dermal and inhalation exposure which could result, for example, from 
    residential pesticide applications. However, since enaction of FQPA, 
    this assessment has been expanded to include both dietary and non-
    dietary sources of exposure, and will typically consider exposure from 
    food, water, and residential uses when reliable data are available. In 
    this assessment, risks from average food and water exposure, and high-
    end residential exposure, are aggregated. High-end exposures from all 
    three sources are not typically added because of the very low 
    probability of this occurring in most cases, and because the other 
    conservative assumptions built into the assessment assure adequate 
    protection of public health. However, for cases in which high-end 
    exposure can reasonably be expected from multiple sources (e.g. 
    frequent and widespread homeowner use in a specific geographical area), 
    multiple high-end risks will be aggregated and
    
    [[Page 1371]]
    
    presented as part of the comprehensive risk assessment/
    characterization. Since the toxicological endpoint considered in this 
    assessment reflects exposure over a period of at least 7 days, an 
    additional degree of conservatism is built into the assessment; i.e., 
    the risk assessment nominally covers 1-7 days exposure, and the 
    toxicological endpoint/NOEL is selected to be adequate for at least 7 
    days of exposure. (Toxicity results at lower levels when the dosing 
    duration is increased.)
        Intermediate-term risk results from exposure for 7 days to several 
    months. This assessment is handled in a manner similar to the short-
    term risk assessment.
        Chronic risk assessment describes risk which could result from 
    several months to a lifetime of exposure. For this assessment, risks 
    are aggregated considering average exposure from all sources for 
    representative population subgroups including infants and children.
    
    B. Aggregate Exposure
    
        In examining aggregate exposure, FFDCA section 408 requires that 
    EPA take into account available and reliable information concerning 
    exposure from the pesticide residue in the food in question, residues 
    in other foods for which there are tolerances, residues in groundwater 
    or surface water that is consumed as drinking water, and other non-
    occupational exposures through pesticide use in gardens, lawns, or 
    buildings (residential and other indoor uses). Dietary exposure to 
    residues of a pesticide in a food commodity are estimated by 
    multiplying the average daily consumption of the food forms of that 
    commodity by the tolerance level or the anticipated pesticide residue 
    level. The Theoretical Maximum Residue Contribution (TMRC) is an 
    estimate of the level of residues consumed daily if each food item 
    contained pesticide residues equal to the tolerance. In evaluating food 
    exposures, EPA takes into account varying consumption patterns of major 
    identifiable subgroups of consumers, including infants and children. 
    The TMRC is a ``worst case'' estimate since it is based on the 
    assumptions that food contains pesticide residues at the tolerance 
    level and that 100% of the crop is treated by pesticides that have 
    established tolerances. If the TMRC exceeds the RfD or poses a lifetime 
    cancer risk that is greater than approximately one in a million, EPA 
    attempts to derive a more accurate exposure estimate for the pesticide 
    by evaluating additional types of information (anticipated residue data 
    and/or percent of crop treated data) which show, generally, that 
    pesticide residues in most foods when they are eaten are well below 
    established tolerances.
        Percent of crop treated estimates are derived from Federal and 
    private market survey data. Typically, a range of estimates are 
    supplied and the upper end of this range is assumed for the exposure 
    assessment. By using this upper end estimate of percent of crop 
    treated, the Agency is reasonably certain that exposure is not 
    understated for any significant subpopulation group. Further, regional 
    consumption information is taken into account through EPA's computer-
    based model for evaluating the exposure of significant subpopulations 
    including several regional groups, to pesticide residues. For this 
    pesticide, the most highly exposed population subgroup was not 
    regionally based.
    
    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 
    fenoxaprop-ethyl and to make a determination on aggregate exposure, 
    consistent with section 408(b)(2), for a time-limited tolerance for the 
    combined residues of fenoxaprop-ethyl [()-ethyl 2-[4-[(6-
    chloro-2-benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-
    [4-](6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-
    2,3-dihydrobenzoxazol-2-one in or on the following raw agricultural 
    commodities: cattle, fat, meat and meat by-products (mbyp) at 0.05 part 
    per million (ppm); goats, fat, meat and mbyp at 0.05 ppm; hogs, fat, 
    meat and mbyp at 0.05ppm; horses, fat, meat and mbyp at 0.05 ppm; milk 
    at 0.02 ppm; sheep, fat, meat and mbyp at 0.05 ppm; wheat, grain at 
    0.05 ppm; and wheat straw at 0.50 ppm. EPA's assessment of the dietary 
    exposures and risks associated with establishing these tolerances 
    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 fenoxaprop-ethyl 
    are discussed below.
        1. Acute toxicity. A battery of acute toxicity studies is 
    available, places technical fenoxaprop-ethyl in Toxicity Category III 
    for acute oral (rat) (LD50 = 2,357 milligram/kilogram (mg/
    kg) (M) and 2,500 mg/kg (F)), and acute inhalation LC50 = 
    >0.511 mg/L; in Toxicity Category IV for acute dermal (rat) = >2,000 
    mg/kg and rabbit =>1,000 mg/kg and skin irritation (slight irritant) 
    and in Toxicity Category I for eye irritation with non-reversible 
    corneal opacity at day 21. Fenoxaprop-ethyl was determined to be a non-
    sensitizer in a dermal sensitization study.
        2. Genotoxicity . A battery of genotoxicity studies, none of which 
    indicated any genotoxic potential. The studies submitted included: in 
    vitro human lymphocyte chromosomal aberration, mouse micronucleus, in 
    vitro unscheduled DNA synthesis, Ames Salmonella bacterial point 
    mutation and yeast DNA repair assays.
        3. Subchronic feeding study-- i. Rats. In a subchronic feeding 
    study with rats (30/sex/dose), fenoxaprop-ethyl was administered at 
    doses of 0, 1, 4 or 16 milligram/kilograms/day (mg/kg/day) for 90 days. 
    The NOEL was 1 mg/kg/day and the lowest observed effect level (LOEL) 
    was 4 mg/kg/day) based on relative organ weight changes. After the 4-
    week recovery period, significantly decreased liver weights were 
    observed in males at the 1 mg/kg/day dose and in females at 4 mg/kg/
    day.
        ii. Dogs. In a subchronic feeding study in dogs (6 dogs/sex/dose), 
    fenoxaprop-ethyl was administered at doses of 0, 0.4, 2, or 10 mg/kg/
    day were fed for 90 days. The NOEL was 0.4 mg/kg/day) and the LOEL was 
    2 mg/kg/day based on histological changes of the kidneys. Inflammatory 
    changes of the kidneys (interstitial pyelonephritis) were detected in 
    the 2 mg/kg/day and in the 10 mg/kg/day dosed dogs.
        4. Dermal toxicity study-- Rats. In a 21-day dermal toxicity study, 
    Wistar rats (10/sex/dose) received repeated dermal applications of 
    fenoxaprop-ethyl (96.5%, moistened with sesame oil) at doses of 0, 5, 
    10, or 20 mg/kg, 6 hours/day, 5 days/week, for 21 total exposures. The 
    LOEL was >5 mg/kg based on decreased liver weights. A NOEL was not 
    established.
        In a second 21-day dermal toxicity study, Wistar rats (10/sex/dose) 
    received repeated dermal applications of fenoxaprop-ethyl (96.5%, 
    vehicle not specified) at doses of 0, 5, or 20 mg/kg, 6 hours/day, 5 
    days/week, for 21 total exposures. The study author concluded that the 
    NOEL was >20 mg/kg; a LOEL was not established.
        5. Subchronic inhalation study-- Rats. In a subchronic inhalation 
    toxicity
    
    [[Page 1372]]
    
    study, Wistar rats (10-15/sex/concentration) were exposed by nose-only 
    inhalation to fenoxaprop-ethyl (96.5%) at target concentrations of 0, 
    0.075, 0.250, or 0.750 mg/L (analytically-determined concentrations of 
    0, 0.073, 0.248, or 0.727 mg/L, respectively) for 6 hours/day, 5 days/
    week, for 6 weeks (28-29 total exposures). An unequivocal NOEL was not 
    established in this study. A second study using the same protocol with 
    target concentrations of 0 or 0.015 mg/L (analytically determined to be 
    0 or 0.0143 mg/L, respectively) was conducted. The exposure period was 
    followed by a 4-week recovery period for animals in all but the 0.750 
    mg/L group. A NOEL for the repeated dose inhalation was 0.015 mg/L.
        6. Chronic toxicity study. In a chronic toxicity study in beagle 
    dogs (6/sex/dose) dogs were fed fenoxaprop-ethyl (94%) at doses of 0, 
    0.075, 0.375 or 1.875 mg/kg/day for 2 years. The NOEL was 0.375 mg/kg/
    day and the LOEL was 1.875 mg/kg/day based on decreases in body weight 
    gain.
        7. Carcinogenicity study. In a carcinogenicity study with groups of 
    50 male and 50 female NMRKF (SPF71) mice, fenoxaprop-ethyl (94%) was 
    administered at dose levels of 0, 0.375, 1.5, or 6 mg/kg/day for 24 
    months. The NOEL was >6 mg/kg/day highest dose tested (HDT). A LOEL was 
    not established.
        In a second carcinogenicity study, fenoxaprop-ethyl (96.8%) was 
    administered to groups of 50 male and 50 female NMRI mice at doses of 
    0, 5.7, 16.6 or 44.6 mg/kg/day in males and 0, 6.8, 19.4 or 53.7 mg/kg/
    day in females for 24 months. For chronic toxicity the NOEL was 5.7 mg/
    kg/day and the LOEL was 16.6 mg/kg/day based on histopathological 
    findings in the liver. There was evidence of carcinogenicity at the 
    highest dose tested. Statistically (p=0.05) significant increases were 
    seen in liver and adrenal gland tumors. In males at the high dose, the 
    incidence of hepatocellular adenomas (30%) and carcinomas (8%) were 
    increased when compared to controls (2%, adenomas and 0%, carcinomas). 
    Also at this dose in males, the incidence of subcapsular adenomas of 
    the adrenal glands was 43% compared to 22% in controls. In addition, 
    microscopic pathology indicated the hepatocellular hypertrophy was 
    observed in the majority of all treated animals (both sexes). Dosing 
    was considered adequate to assess the carcinogenic potential of 
    fenoxaprop-ethyl based on clinical signs, increased liver weight, and 
    histopathology.
        8. Chronic/oncogencity study. In a combined chronic/oncogenicity 
    study, Wistar rats (116/sex/dose) were dosed with fenoxaprop-ethyl 
    (95.8%) at 0. 0.25, 1.5 or 9 mg/kg/day for 28 months. For chronic 
    toxicity, the NOEL was 1.5 mg/kg/day) and the LOEL was 9 mg/kg/day 
    based on decreased serum lipids and cholesterol in the males. Under the 
    conditions of this study, there was no evidence of carcinogenic 
    potential.
        9. Oral developmental toxicity study-- i. Rats. In an oral 
    developmental toxicity study, pregnant Wistar rats (20/dose) received 
    fenoxaprop-ethyl (93% a.i.) in sesame oil at doses of 0, 10, 32, or 100 
    mg/kg/day from days 7 through 16 of gestation. For maternal toxicity, 
    the NOEL was 32 mg/kg/day and the LOEL was 100 mg/kg/day, based on 
    slight initial reduction in body weight and food consumption. There 
    were no treatment-related effects or clinical signs, body weight gain, 
    food consumption, or development of the conceptuses in the uterus at 
    dose levels of less than 32 mg/kg/day. Developmental toxicity was 
    demonstrated at 100 mg/kg/day as slightly impaired growth of the 
    fetuses (reduced body weights and placental weights and reduced 
    skeletal ossification). For developmental toxicity, the NOEL was 32 mg/
    kg/day and the LOEL was 100 mg/kg/day, based on reduced fetal body 
    weights, reduced placental weights, retarded skeletal ossification of 
    the cranium, sternebrae and 5th metacarpals.
        In a second oral developmental toxicity study, pregnant Cr1:COBS CD 
    (SD) BR rats were dosed with fenoxaprop-ethyl (96.2%) in corn oil at 
    doses of 0, 10, 32, or 100 mg/kg/day from days 6 through 15 of 
    gestation. For maternal toxicity, the NOEL was 32 mg/kg/day and the 
    LOEL was 100 mg/kg/day, based on decreased body weight gain and 
    increased liver weights. For developmental toxicity, the NOEL was 32 
    mg/kg/day and the LOEL was 100 mg/kg/day base on increase 
    malformations, significant fetal weight reduction and increase total 
    visceral and skeletal anomalies.
        ii. Rabbits. In an oral developmental toxicity study with groups of 
    Himalayan [Hoe:HIMK(SPFWiga)] rabbits were dosed at doses of 
    fenoxaprop-ethyl (93%) in sesame oil at 0, 0.5, 12.5, 50.0 or 200 mg/
    kg/day from days 7 through 19 of gestation. For maternal toxicity, the 
    NOEL was 12.5 mg/kg/day and the LOEL was 50.0 mg/kg/day, based on 
    decreased food consumption and body weight gain. For developmental 
    toxicity, the NOEL was 50 mg/kg/day and the LOEL was 200 mg/kg/day 
    based on reduced fetal weights, placental weights, crown-rump lengths, 
    and fetal survival, and increased litter and fetal incidence of rib 
    anomalies and diaphragmatic hernias. No developmental toxicity was 
    observed at doses of less than 50.0 mg/kg/day.
        10. Dermal developmental toxicity study-- i. Rats. In a dermal 
    developmental toxicity study, pregnant KFM-Han Wistar rats (25/dose) 
    received repeated dermal applications of fenoxaprop-ethyl (96.5%) in 
    sesame oil at doses of 0, 100, 300, or 1,000 mg/kg/day for 6 hours/day 
    on days 6-15 of gestation. For maternal toxicity, the NOEL was >1,000 
    mg/kg/day (HDT); a LOEL was not observed. For developmental toxicity, 
    the NOEL was 1,000 mg/kg/day; a LOEL was not observed. There were no 
    treatment-related malformations or variations noted upon external, 
    visceral, and skeletal examination of the fetuses.
        ii. Rabbits. In a dermal developmental toxicity study, fenoxaprop-
    ethyl (96.5%) in sesame oil was administered dermally to 16 Chinchilla 
    rabbits (SPF quality) at dose levels of 0, 100, 300, or 1,000 mg/kg/day 
    for 6 hours/day on days 6-18 of gestation. For maternal toxicity, the 
    NOEL was 1,000 mg/kg/day (HDT); a LOEL was not observed. There was no 
    developmental toxicity demonstrated at any dose level. For 
    developmental toxicity, the NOEL was 1,000 mg/kg/day; a LOEL was not 
    observed.
        11. Reproductive toxicity study. In a 2-generation reproductive 
    toxicity study, fenoxaprop-ethyl (97.2%) was administered to 30 WISTAR/
    HAN rats/sex/dose in their diet at doses of 0, 0.25, 1.5, or 9.0 mg/kg/
    day. Exposure to animals began at 7 weeks of age and lasted for 80 days 
    prior to mating to produce F1a and F1b pups. At 21 days of age, F1b 
    pups were selected to become the parents of the F2a and F2b litters. 
    There were no treatment-related effects on mortality, clinical signs of 
    toxicity, body weight, food consumption or reproductive parameters at 
    any dose level. For parental/systemic toxicity, the NOEL was 0.25 mg/
    kg/day and the LOEL was 1.5 mg/kg/day based on decreased blood lipids. 
    The NOEL for systemic toxicity was 0.25 mg/kg/day. For reproductive 
    toxicity, the NOEL was 0.25 mg/kg/day and the LOEL was 1.5 mg/kg/day 
    based on reduced pup body weights (F1a).
        12. Developmental neurotoxicity data. No developmental 
    neurotoxicity data are required for fenoxaprop-ethyl. No effects on 
    histopathology of the brain were observed in any of the studies in 
    which these parameters were measured. There no evidence of 
    developmental anomalies of the fetal nervous system in
    
    [[Page 1373]]
    
    the prenatal developmental toxicity studies with rats or rabbits or in 
    the two-generation reproduction study in rats.
        13. Studies on metabolism. In a rat metabolism study fenoxaprop-
    ethyl(U-14C-chlorophenyl; 98% radiochemical purity) was 
    administered to male and female Wistar HOE: Wiskf (SPF 71) strain of 
    rats (10-15 animals/dose/sex) by gavage as a single dose at levels of 2 
    or 10 mg/kg, or at a single dose at 2 mg/kg following a 4-day 
    pretreatment with unlabeled fenoxaprop-ethyl at 2 mg/kg/day. Within 6 
    hours of dosing 83-109% of the administered radioactivity was recovered 
    in the urine and feces, with a majority of the dose (51-65%) being 
    recovered within 24 hours of dosing. Within 24 hours of dosing, urinary 
    excretion accounted for 39-48% of the dose for females and 22-311% of 
    the dose for males. The primary metabolite in urine of both sexes in 
    each dose group was 6-chlorobenzoxazole-2-mercapturic acid, accounting 
    for 22-50% of the total radioactivity in the urine (15-26% of the dose) 
    The urine of female rats dosed either once at 10 mg/kg or repeatedly at 
    2 mg/kg also contained high levels (23-28% of dose) of 2-(4-(6-chloro-
    2-benzoxazolyloxy)-phenoxy)-propionic acid (the free acid of 
    fenoxaprop-ethyl). At the 10 mg/kg dose, unchanged parent accounted for 
    24% of the fecal radioactivity (15% of dose) for male rats and 6% for 
    female rats (1.7% of dose).
        In a second rat metabolism study, fenoxaprop-ethyl 
    (1-14C-dioxyphenyl; 96% radiochemical purity) was 
    administered by gavage as a single dose to male and female SPF Wistar 
    strain rats (10 animals /sex) at 10 mg/kg body weight and to 15 females 
    at 2 mg/kg body weight. Within 96 hours of dosing, 101.3% and 87.4% of 
    the 10 gm/kg dose was recovered from male and female rats, 
    respectively, and 108.8% of the 2 mg/kg dose was recovered from female 
    rats. There were sex- and dose-related differences in excretion. In the 
    0- to 24-hour urine of male rats dosed at 10 mg/kg, 99% of the 
    radioactivity was identified as 2-(4-hydroxyphenoxy)-propionic acid 
    (HPP-acid), accounting for 47.5% of the administered dose. In female 
    rats dosed at 10 mg/kg, the primary urinary metabolites were identified 
    as HPP acid (27.5% of dose) and 2-(4-6-chloro-2-benzoxazolyloxy)-
    phenoxy)-propionic acid (the free acid of fenoxaprop-ethyl; 27% of 
    dose). In feces of the 10 mg/kg dose groups, fenoxaprop-ethyl and its 
    free acid accounted for 20.1 and 16.6% of the dose for males and 9.0 
    and 11.3% of the dose for females.
    
    B. Toxicological Endpoints
    
        1. Acute toxicity. EPA has selected for acute dietary risk 
    assessment the NOEL of 32 mg/kg/day from the rat developmental toxicity 
    study. The effects were increased incidence of fetuses with 
    malformations (including skeletal defects, eye defects, absent 
    innominate artery, diaphragmatic hernia and umbilical hernia at 100 mg/
    kg/day LOEL. Population subgroup of concern is females 13+ years old.
        An acute dietary risk assessment for the general population, 
    including infants and children, (excluding the subgroup, females 13+ 
    years old) is not required because no treatment-related effects 
    attributable to a single exposure (dose) were seen in oral studies 
    conducted with fenoxaprop-ethyl. A MOE of 100 is adequate to ensure 
    protection for females 13+ years old.
         2. Short- and intermediate- term toxicity. No dermal or systemic 
    toxicity was seen in a dermal developmental toxicity study in rats and 
    rabbits following repeated dermal applications of fenoxaprop-ethyl at 
    1,000 mg/kg/day (Limit-Dose). Also, no dermal or systemic toxicity was 
    seen at the highest dose tested (20 mg/kg/day) in a 21-day dermal 
    toxicity study in rats.
         All Time Periods, Inhalation: A 6-Week Rat Inhalation Toxicity 
    Study demonstrated a NOEL = 0.015 mg/L based on decreases in total 
    lipids, increased triglycerides, increased alkaline phosphatase, 
    increased liver and kidney weights, and liver hypertrophy at 0.075 mg/L 
    LOEL.
         3. Chronic toxicity. EPA has established the RfD for fenoxaprop-
    ethyl at 0.0025 mg/kg/day. This RfD is based on reduced pup weights 
    observed in a 2-generation rat reproductive toxicity study with a NOEL 
    of 0.25 mg/kg/day. An uncertainity factor of 100 was used in 
    calculating the RfD to account for both inter- and intra-species 
    variations.
        4. Carcinogenicity. Referred to EPA Health Effects Division's 
    Cancer Peer Review Committee. For the interim, a worst case and 
    protective risk assessment was carried out by use of a linear low dose 
    extrapolation method (Q1*) based on the increases in adrenal tumors in 
    male mice. The Q1* for the adrenal tumors is 9.1 x 10-2.
    
    C. Exposures and Risks
    
        1. From food and feed uses. Tolerances have been established (40 
    CFR 180.430 (a)) for the combined residues of fenoxaprop-ethyl 
    [()-ethyl 2-4-[(6-chloro-2-
    benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-[4-](6-
    chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid, and 6-chloro-2,3-
    dihydrobenzoxazol-2-one in or on a variety of raw agricultural 
    commodities. Risk assessments were conducted by EPA to assess dietary 
    exposures and risks from fenoxaprop-ethyl 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 1 day or single exposure. The NOEL for the acute dietary exposure 
    was 32 mg/kg/day from a rat study. The Agency has determined that the 
    uncertainty factor of 10 to account for enhanced sensitivity of infants 
    and children should be removed for fenoxaprop-ethyl, and that the MOE 
    of 100 to account for inter (10) and intra (10) species variation is 
    adequate to insure protection for this population from exposure to 
    fenoxaprop-ethyl, because in the rat developmental toxicity study, the 
    fetal effects (malformations) were seen at maternally toxic doses 
    (i.e., the LOEL was the same for both adults and fetuses).
        From the acute dietary (food only) risk assessment a high-end 
    exposure estimate of 0.001 mg/kg/day was calculated. This exposure 
    yields a dietary (food only) MOE of 32,000 for females 13+ years, the 
    population subgroup of concern. This risk estimate was highly 
    conservative because it assume that 100% of wheat and all other 
    commodities having tolerances for residues of fenoxaprop-ethyl will 
    contain residues at tolerance levels. Therefore, this is an 
    overestimation of human dietary exposure. Use of anticipated residue 
    values and percent crop-treated data will result in a lower acute 
    dietary exposure estimate if estimated by Monte Carlo analysis.
        ii. Chronic exposure and risk. The anticipated residues for 
    existing fenoxaprop-ethyl uses (including a proposed Section 18 use on 
    barley) result in Anticipated Residue Contribution that varies between 
    0.000009 and 0.000023 mg/kg/day for the population subgroups (the U.S. 
    Population, Nursing Infants (<1 year="" old),="" non-nursing="" infants="" (=""> year 
    old), Children (1-6 years old) , Children (7-12 years old) and Non-
    Hispanic Others); and occupied between 0.4% and 0.9% of the RfD.
        Section 408(b)(2)(E) authorizes EPA to use available data and 
    information on the anticipated residue levels of pesticide residues in 
    food and the actual levels of pesticide chemicals that have been 
    measured in food. If EPA relies on such information, EPA must require 
    that data be provided five years after the tolerance is established, 
    modified, or
    
    [[Page 1374]]
    
    left in effect, demonstrating that the levels in food are not above the 
    levels anticipated. Following the initial data submission, EPA is 
    authorized to require similar data on a time frame it deems 
    appropriate. Section 408(b)(2)(F) states that the Agency may use data 
    on the actual percent of crop treated for assessing chronic dietary 
    risk only if the Agency can make the following findings:
        (1) That the data used are reliable and provide a valid a basis for 
    showing the percentage of food derived from a crop that is likely to 
    contain residues.
        (2) That the exposure estimate does not underestimate the exposure 
    for any significant subpopulation.
        (3) Where data on regional pesticide use and food consumption are 
    available, that the exposure estimate does not understate exposure for 
    any regional population.
    In addition the Agency must provide for periodic evaluation of any 
    estimates used.
        The percent of crop treated estimates for fenoxaprop-ethyl were 
    derived from federal and market survey data. EPA considers these data 
    reliable. A range of estimates are supplied by this data and the upper 
    end of this range was used for the exposure assessment. By using this 
    upper end estimate of percent crop treated, the Agency is reasonably 
    certain that exposure is not underestimated for any significant 
    subpopulation. Further, regional consumption information is taken into 
    account through EPA's computer-based model for evaluating the exposure 
    of significant subpopulations including several regional groups. Review 
    of this regional data allows the Agency to be reasonably certain that 
    no regional population is exposed to residue levels higher than those 
    estimated by the Agency. To provide for the periodic evaluation of 
    these estimates of percent crop treated as required by the section 
    408(b)(2)(F), EPA may require fenoxaprop-ethyl registrants to submit 
    data on percent crop treated. As required by section 408(b)(2)(E), EPA 
    will issue a data call-in for information relating to anticipated 
    residues to be submitted no later than five years from the date of 
    issuance of this tolerance.
        In the absence of an Agency Cancer Assessment Review, the Health 
    Effects Division of the Office of Pesticide Programs recommended a 
    worst case and protective risk assessment using a linear low dose 
    extrapolation method (Q1*) based on the increases in adrenal tumors in 
    mice. The Q1* for the adrenal tumors was determined to be 9.1 x 
    10-2. Based on the US population chronic dietary exposure of 
    0.00001 mg/kg/day, this results in a cancer risk estimate of 9.1 x 
    10-7.
        2. From drinking water. Based on the acute and chronic dietary 
    (food) exposure and using default body weights and water consumption 
    figures, acute and chronic drinking water levels of concern (DWLOC) for 
    drinking water were calculated. To calculate the DWLOC, the acute or 
    chronic dietary food exposure (from the DRES analysis) was subtracted 
    from the acute toxicity NOEL or RfD, as appropriate. DWLOCs were then 
    calculated using the default bodyweights and drinking water consumption 
    figures.
        For acute drinking water exposure for both adults and children, the 
    level of concern was 960 ppm. For chronic exposure in drinking water 
    the level of concern was 80 ppm. For adults, the estimate was based on 
    a body weight of 70 kg and consumption of 2 liters of water per day; 
    for children, a body weight of 10 kg and a consumption of 1 liter of 
    water per day. Agency estimates for contamination of drinking water 
    from the registered uses of fenoxaprop-ethyl is less than 1 ppb. This 
    level is not greater than levels of EPA concern.
        3. From non-dietary exposure. Fenoxaprop-ethyl is currently 
    registered for use on turfgrass including sod farms, commercial and 
    residential turf and ornamentals. Applications to residential turf are 
    done by professional applicators. There are no homeowner uses.
        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.'' The Agency believes that ``available 
    information'' in this context might 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. For most pesticides, 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. EPA has 
    begun a pilot process to study this issue further through the 
    examination of particular classes of pesticides. The Agency hopes that 
    the results of this pilot process will increase the Agency's scientific 
    understanding of this question such that EPA will be able to develop 
    and apply scientific principles for better determining which chemicals 
    have a common mechanism of toxicity and evaluating the cumulative 
    effects of such chemicals. The Agency anticipates, however, that even 
    as its understanding of the science of common mechanisms increases, 
    decisions on specific classes of chemicals will be heavily dependent on 
    chemical specific data, much of which may not be presently available.
        Although at present the Agency does not know how to apply the 
    information in its files concerning common mechanism issues to most 
    risk assessments, there are pesticides as to which the common mechanism 
    issues can be resolved. These pesticides include pesticides that are 
    toxicologically dissimilar to existing chemical substances (in which 
    case the Agency can conclude that it is unlikely that a pesticide 
    shares a common mechanism of activity with other substances) and 
    pesticides that produce a common toxic metabolite (in which case common 
    mechanism of activity will be assumed).
        EPA does not have, at this time, available data to determine 
    whether fenoxaprop-ethyl 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, 
    fenoxaprop-ethyl 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 fenoxaprop-ethyl has a common 
    mechanism of toxicity with other substances.
    
    D. Aggregate Risks and Determination of Safety for U.S. Population
    
        1. Acute risk. From the acute dietary (food use) risk assessment a 
    high-end exposure estimate of 0.001 mg/kg/day was determined for 
    females 13+ years, the population subgroup of concern for acute 
    toxicity. This exposure yields a dietary MOE of 32,000. The potential 
    contribution to acute exposure from residues in drinking water is 
    minimal (1,000-fold less than EPA's level of concern) and would not 
    result in an aggregate acute exposure that exceeds EPA's level of 
    concern.
        2. Chronic risk. Using the ARC exposure assumptions described 
    above, EPA has concluded that aggregate
    
    [[Page 1375]]
    
    exposure to fenoxaprop-ethyl from food will utilize less than 0.4% of 
    the RfD for the U.S. population. The major identifiable subgroup with 
    the highest aggregate exposure is non-nursing infants less than one 
    year old. 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 
    fenoxaprop-ethyl 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 
    fenoxaprop-ethyl 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.
        Fenoxaprop-ethyl is currently registered for use on turfgrass 
    including sod production, commercial and residential turf and landscape 
    ornamentals. No short- or intermediate-term dermal toxicity endpoints 
    have been identified for fenoxaprop-ethyl. An inhalation endpoint has 
    been identified, however, as the uses are outdoors, exposure from 
    inhalation route should be considerable less than that determined for 
    worker mixer/loaders, who have an MOE of 2,800. Additionally, based on 
    the low level of chronic dietary exposure, the Agency concludes that 
    aggregate short- and intermediate-term exposure is at a level below 
    EPA's level of concern.
    
    E. Aggregate Cancer Risk for U.S. Population
    
         Based on a upper bound potency factor (Q1*) of 9.1 x 
    10-2 (mg/kg/day)-1,  the aggregate upper bound 
    lifetime cancer risk from the use of fenoxaprop-ethyl in the culture of 
    wheat from worst case estimates of residues in food is 9.1 x 
    10-7. In the present analysis a worst case risk assessment 
    was used. The analysis used a linear low dose extrapolation method 
    (Q1*) based on the increases in adrenal tumors in mice. EPA concludes 
    that fenoxaprop-ethyl poses no greater than a negligible cancer risk.
    
    F. 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 fenoxaprop-ethyl, 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 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. Developmental toxicity studies. In an oral developmental 
    toxicity study with Wistar rats, the maternal NOEL was 32 mg/kg/day, 
    based on reduction in body weight and food consumption. The 
    developmental NOEL was 32 mg/kg/day, based on reduced fetal body 
    weights, reduced placental weights and retarded skeletal ossification 
    of the cranium, sternebrae and 5th metacarpals.
        In a second oral developmental toxicity study with Crl:COBS CD (SD) 
    BR rats, the maternal NOEL was 32 mg/kg/day, based on decreased body 
    weight gain and increased liver weights. The developmental NOEL was 32 
    mg/kg/day, based on increase malformations, significant fetal weight 
    reduction and increase total visceral and skeletal anomalies.
        In an oral developmental toxicity study with Himalayan rabbits, the 
    maternal NOEL was 12.5 mg/kg/day, based on decreased food consumption 
    and body weight gain. The developmental NOEL was 50 mg/kg/day, based on 
    reduced fetal weights, placental weights, crown-rump lengths, fetal 
    survival and increased litter and fetal incidence of rib anomalies and 
    diaphragmatic hernias.
        iii. Reproductive toxicity study. In a rat reproduction study, the 
    parental (systemic) NOEL was 0.25 mg/kg/day, based on decreased blood 
    lipids. The reproductive (pup) NOEL was 0.25 mg/kg/day, based on 
    reduced pup body weights.
        iv. Pre- and post-natal sensitivity. The pre-natal developmental 
    toxicity data demonstrated no indication of increased sensitivity of 
    rats or rabbits to in utero exposure or repeated dermal applications of 
    fenoxaprop-ethyl. The rat reproduction study did not identify any 
    increased sensitivity of rats to in utero or post-natal exposure. 
    Maternal and parental NOELs were equivalent to developmental or 
    offspring NOELs.
        2. Acute risk. The acute dietary (food only) MOE for females 13+ 
    years old (accounts for both maternal and fetal exposure) was 
    determined to be 32,000. This MOE was based on the developmental NOEL 
    in rats of 32 mg/kg/day. This risk assessment assumed 100% crop-treated 
    and tolerance level residues on all treated crops consumed, resulting 
    in a significant over-estimate of dietary exposure. Despite the 
    potential for exposure to fenoxaprop-ethyl in drinking water, EPA does 
    not expect the acute aggregate exposure to exceed level of concern. The 
    large acute dietary MOE determined for females 13+ years old provides 
    assurance that there is a reasonable certainty of no harm from both 
    females 13+ years and the pre-natal development of infants.
        3. Chronic risk. Using the exposure assumptions described in this 
    rule, the percentage of the RfD that will be utilized by chronic 
    dietary (food only) exposure to residues of fenoxaprop-ethyl ranges 
    from 0.4% for nursing infants less than one year old, up to 0.9% for 
    non-nursing infants less than 1 year old. Despite the potential for 
    exposure to fenoxaprop-ethyl in drinking water, EPA does not expect the 
    chronic aggregate exposure to exceed 100% of the RfD. Based on the 
    nature of the residential uses, no chronic residential exposure is 
    anticipated. EPA concludes that there is a reasonable certainty that no 
    harm will result to infants and children from chronic aggregate 
    exposure to fenoxaprop-ethyl regulable residues.
    
    III. Other Considerations
    
    A. Metabolism In Plants and Animals
    
        The metabolism of fenoxaprop-ethyl in plants and animals is 
    adequately understood for purposes of these tolerances.
    
    [[Page 1376]]
    
    B. Analytical Enforcement Methodology
    
        An adequate analytical method for determining the magnitude of 
    residues in the raw agricultural commodities listed in this Final Rule 
    has been evaluated by EPA and is published in the Pesticide Analytical 
    Manual (PAM II). 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. 119FF, CM#2, 1921 Jefferson Davis 
    Hwy., Arlington, VA 22202, (703-305-5229).
    
    C. Magnitude of Residues
    
        The nature of the residue in plants is adequately understood for 
    the purposes of these tolerances.
    
    D. International Residue Limits
    
        No CODEX Maximum Residue Levels (MRLs) have been established for 
    fenoxaprop-ethyl. Canadian MRLs for combined residues of fenoxaprop-
    ethyl, its free acid metabolite [2-[4-[(6-chloro-2-
    benzoxazolyl)oxy]propanoic acid] and 6-chloro-2,3-dihydrobenzoxazol-2-
    one have been established at 0.02 ppm for milk. This tolerance 
    expression and level for milk is in harmony with subject tolerances of 
    the final rule.
    
    IV. Conclusion
    
        Therefore, the tolerances are established for the combined residues 
    of fenoxaprop-ethyl [()-ethyl 2-[4-[(6-chloro-2-
    benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-[4-](6-
    chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
    dihydrobenzoxazol-2-one, in or on the following raw agricultural 
    commodities: cattle, fat, mbyp and meat at 0.05 ppm; goats, fat, mbyp 
    and meat at 0.05 ppm; hogs, fat, mbyp and meat at 0.05ppm; horses, fat, 
    mbyp and meat at 0.05 ppm; milk at 0.02 ppm; sheep, fat, mbyp and meat 
    at 0.05 ppm; wheat, grain at 0.05 ppm; and wheat straw at 0.50 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 issued by EPA under 
    new section 408(e) and (l)(6) 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 10, 1998, 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(i). 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 Docket
    
        EPA has established a record for this rulemaking under docket 
    control number [OPP-300597] (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 1132 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.
        Electronic comments may be sent directly to EPA at:
        opp-docket@epamail.epa.gov.
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption.
        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
    
        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 these 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
    
    [[Page 1377]]
    
    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.
    
    VIII. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, the Agency has submitted 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 General Accounting Office prior to publication of this rule in 
    today's Federal Register. This 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: December 29, 1997.
    Donald R. Stubbs,
    Acting Director, Registration Division, 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. Section 180.430 is revised to read as follows:
    
    
    Sec. 180.430  Fenoxaprop-ethyl; tolerances for residues.
    
        (a) General. Tolerances are established for the combined residues 
    of the herbicide fenoxaprop-ethyl [()-ethyl 2-[4-[(6-
    chloro-2-benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-
    [4-](6-chloro-2-benzoxazoly)oxy]phenoxy]propanoic acid and 6-chloro- 
    2,3-dihydrobenzoxazol-2-one], each expressed as fenoxaprop-ethyl, in or 
    on the following raw agricultural commodities:
    
                                                                            
    ------------------------------------------------------------------------
                       Commodity                        Parts per million   
    ------------------------------------------------------------------------
    Cattle, fat....................................                     0.05
    Cattle, mbyp...................................                     0.05
    Cattle, meat...................................                     0.05
    Cottonseed.....................................                     0.05
    Goats, fat.....................................                     0.05
    Goats, mbyp....................................                     0.05
    Goats, meat....................................                     0.05
    Hogs, fat......................................                     0.05
    Hogs, mbyp.....................................                     0.05
    Hogs, meat.....................................                     0.05
    Horses, fat....................................                     0.05
    Horses, mbyp...................................                     0.05
    Horses, meat...................................                     0.05
    Milk...........................................                     0.02
    Peanut hulls...................................                     0.05
    Peanuts........................................                     0.05
    Rice grain.....................................                     0.05
    Sheep, fat.....................................                     0.05
    Sheep, mbyp....................................                     0.05
    Sheep, meat....................................                     0.05
    Soybeans.......................................                     0.05
    Wheat, grain...................................                     0.05
    Wheat, straw...................................                     0.50
    ------------------------------------------------------------------------
    
        (b) Section 18 emergency exemptions. [Reserved]
        (c) Tolerances with regional registrations. [Reserved]
        (d) Indirect or inadvertent residues. [Reserved]
    
    [FR Doc. 98-556 Filed 1-8-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
1/9/1998
Published:
01/09/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-556
Dates:
This regulation is effective January 9, 1998. Objections and requests for hearings must be received by EPA on or before March 10, 1998.
Pages:
1369-1377 (9 pages)
Docket Numbers:
OPP-300597, FRL-5764-1
RINs:
2070-AB78
PDF File:
98-556.pdf
CFR: (1)
40 CFR 180.430