97-30659. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
    [Notices]
    [Pages 62304-62308]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-30659]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-778; FRL-5755-4]
    
    
    Notice of Filing of Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the initial filing of pesticide 
    petitions proposing the establishment of regulations for residues of 
    certain pesticide chemicals in or on various food commodities.
    DATES: Comments, identified by the docket control number PF-778, must 
    be received on or before December 22, 1997.
    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch, Information Resources and Services Division 
    (7502C), Office of Pesticides Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
    to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instructions under ``SUPPLEMENTARY 
    INFORMATION.'' No confidential business information should be submitted 
    through e-mail.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    ``Confidential Business Information'' (CBI). CBI should not be 
    submitted through e-mail. Information marked as CBI will not be 
    disclosed except in accordance with procedures set forth in 40 CFR part 
    2. A copy of the comment 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. All written 
    comments will be available for public inspection in Rm. 1132 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
    table below:
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
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    Joanne Miller (PM 23).........  Rm. 237, CM #2, 703-    1921 Jefferson  
                                     305-6224, e-            Davis Hwy,     
                                     mail:[email protected]   Arlington, VA  
                                     amail.epa.gov.                         
    Kerry Leifer..................  Rm. 4W17, CS #1, 703-   2800 Crystal    
                                     308-8811, e-mail:       Drive,         
                                     [email protected]   Arlington, VA  
                                     epa.gov.                               
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    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various food 
    commodities under section 408 of the Federal Food, Drug, and Comestic 
    Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions 
    contain data or information regarding the elements set forth in section 
    408(d)(2); however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
        The official record for this notice of filing, as well as the 
    public version, has been established for this notice of filing under 
    docket control number [PF-778] including comments and data submitted 
    electronically as described below). 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 official record is located at the address in 
    ``ADDRESSES'' at the beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
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        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
    file format. All comments and data in electronic form must be 
    identified by the docket number PF-778 and appropriate petition number. 
    Electronic comments on notice may be filed online at many Federal 
    Depository Libraries.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Food additives, 
    Feed additives, Pesticides and pests, Reporting and recordkeeping 
    requirements.
    
        Dated: November 10, 1997
     James Jones,
    
     Acting Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Petitioner summaries of the pesticide petitions are printed below 
    as required by section 408(d)(3) of the FFDCA. The summaries of the 
    petitions were prepared by the petitioners and represent the views of 
    the petitioners. EPA is publishing the petition summaries verbatim 
    without editing them in any way. The petition summary announces the 
    availability of a description of the analytical methods available to 
    EPA for the detection and measurement of the pesticide chemical 
    residues or an explanation of why no such method is needed.
    
    1. BASF Corporation
    
    PP 7F4848
    
        EPA has received a pesticide petition (PP 7F4848) from BASF 
    Corporation, P.O. Box 13528, Research Triangle Park, NC 27709-3528 
    proposing pursuant to section 408(d) of the Federal Food, Drug and 
    Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR part 180 by 
    establishing tolerances for residues of diflufenzopyr, (2-[1-[[[(3,5-
    difluorophenyl) amino]carbonyl]hydrazono] -ethyl]-3-pyridinecarboxylic 
    acid), and its metabolites M1 (8-methylpyrido(2,3-d)pyridazin-5(6H)-
    one) and M5 (6-((3,5-Difluorophenyl-carbamoyl-8-methyl-pyrido (2,3-d)-
    5-pyridazinone) all as the M1 component in or on the raw agricultural 
    commodities corn grain, corn forage and corn fodder at 0.05 parts per 
    million (ppm). EPA has determined that the petition contains data or 
    information regarding the elements set forth in section 408(d)(2) of 
    the FFDCA; however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
    
    A. Residue Chemistry
    
        1. Analytical method. The proposed analytical method involves 
    extraction, partition, clean-up and detection of residues by gas 
    chromatography/nitrogen phosphorous detector (gc/npd).
        2. Magnitude of residues. Over 20 residue trials were conducted in 
    16 states. Residues of diflufenzopyr, M5 and M1 were measured as M1 by 
    gc/npd. The method of detection had a limit of detection of 0.01 parts 
    per million (ppm). Residues ranged from non detectable (majority) to 
    0.02 ppm rt text.
    
    B. Toxicological Profile
    
        1. Acute toxicity. A battery of acute toxicity tests were conducted 
    which place diflufenzopyr in acute oral toxicity category IV, acute 
    dermal toxicity category IV, acute inhalation toxicity category IV, 
    primary eye irritation category III, and primary dermal irritation 
    category IV. Diflufenzopyr is not a dermal sensitizer. Diflufenzopyr is 
    not a neurotoxin in males and females at 2,000 mg/kg (limit test).
        2. Genotoxicity. Diflufenzopyr was found to be negative for 
    mutagenicity in a battery of mutagenicity tests (Ames Testing, Mouse 
    Lymphoma testing In vivo micronucleus assay (mouse) and Unscheduled DNA 
    synthesis).
        3. Reproductive and developmental toxicity--i. Developmental 
    toxicity (rat). Sprague-Dawley rats were dosed with 0, 100, 300 and 
    1,000 mg/kg/day diflufenzopyr in the diet from days 6 through 15 of 
    gestation. The maternal no observed adverse effect level (NOAEL) was 
    determined to be 300 mg/kg/day and the maternal lowest effect level 
    (LEL) was determined to be 1,000 mg/kg/day based on reduced body weight 
    gain, and reduced absolute and relative feed consumption during the 
    dosing period. The developmental NOAEL was determined to be 300 mg/kg/
    day and the developmental LEL was determined to be 1,000 mg/kg/day 
    based on reduced fetal body weight and reversible delays in sternal and 
    caudal vertebral ossification.
        ii. Developmental toxicity (rabbit). New Zealand white rabbits were 
    dosed with 0, 30, 100, and 300 mg/kg/day diflufenzopyr in the diet from 
    days 6 through 19 of gestation. The maternal NOEL was determined to be 
    30 mg/kg/day and the maternal LEL was determined to be 100 mg/kg/day 
    based on increased incidence of abnormal feces and weight loss for the 
    entire dosage period. The developmental NOEL was determined to be 100 
    mg/kg/day and the developmental LEL was determined to be 300 mg/kg/day 
    based on increased incidences of supernumerary thoracic ribs, a 
    variation in fetal ossification that commonly occurs at maternally 
    toxic dosages. Only at the 300 dose level deaths and abortions were 
    accompanied by gastric trichobezoars. Diflufenzopyr was not teratogenic 
    to rabbit fetuses even at the higher of two dosages (100 and 300 mg/kg/
    day) that were toxic to the does.
        iii. Reproductive toxicity testing. In a 2-Generation Reproduction 
    study, Wistar rats were dosed with 0, 500, 2,000 and 8,000 ppm 
    diflufenzopyr in the diet. The parental: systemic NOAEL/reproductive-
    developmental NOEL was determined to be 2,000 ppm in both sexes 
    (averaging 600 mg/kg/day in females during gestation). The parental LEL 
    was determined to be 8,000 ppm (averaging 2,500 mg/kg/day in females 
    during gestation) based on weight gain deficits in males and females 
    during premating and pregnancy phases. The developmental NOEL was 
    determined to be 2,000 ppm (averaging 400 mg/kg/day in dams during 
    lactation) and the LEL determined to be 8,000 ppm (averaging 1,500 mg/
    kg/day in dams during lactation) based on slightly lower live birth 
    (93%) and viability (90%) indices.
        4. Subchronic toxicity-- i. 21-Day dermal (rabbit). Rabbits were 
    repeatedly dosed with diflufenzopyr at 0, 100, 300 and 1,000 mg/kg/day 
    for 21 days. The NOAEL for systemic toxicity and dermal irritation was 
    determined to be 1,000 mg/kg/day.
        ii. 90-Day rodent (rat). Wistar rats were dosed with diflufenzopyr 
    at 0, 1,000, 5,000, 10,000 and 20,000 ppm in the diet for 90 days. The 
    NOEL was determined to be 5,000 ppm (350 mg/kg/day) for males and 430 
    mg/kg/day in females. The LEL was determined to be 10,000 ppm (720 mg/
    kg/day) for males and 890 mg/kg/day in females based on reduced body 
    weight gains, impaired food utilization; disturbances in hematology 
    values in males, clinical chemistry values in both sexes, values for 
    urinalysis in females; with histopathology seen in both sexes as 
    increased foamy macrophages in the lungs.
        iii. 90-Day mouse. CD-1 mice were dosed with diflufenzopyr at 0, 
    350, 1,750, 3,500 and 7,000 ppm in the diet for 13 weeks. The NOEL was 
    determined to be 7,000 ppm (1,225 mg/kg/day) in males and (1,605 mg/kg/
    day) in females as no clear toxic effects were observed.
        iv. 90-Day non-rodent (dog). Beagle dogs were dosed with 
    diflufenzopyr at
    
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    0, 1,500, 10,000, and 30,000 ppm in the diet for 13 weeks. The NOEL was 
    determined to be 1,500 ppm (58 mg/kg/day) in males and (59 mg/kg/day) 
    in females. The LEL was determined to be 10,000 ppm (403 mg/kg/day) in 
    males and (424 mg/kg/day) in females based on histopathological 
    disturbances seen as erythreoid hyperplasia in the bone marrow and 
    extramedullary hemopoiesis in the liver of a few dogs and hemosiderin 
    deposits in Kupffer cells in 1 female dog.
        v. 90-Day neurotoxicity (rat). Rats were dosed with diflufenzopyr 
    at 0, 25, 75, and 1,000 mg/kg/day in the diet for 13 weeks. At the 
    1,000 mg/kg/day treatment there was associated weight gain and impaired 
    efficiency of food utilization. Therefore the no adverse effect level 
    was set at 75 mg/kg/day. The NOAEL for subchronic neurotoxicity was 
    determined to be 1,000 mg/kg/day based on the absence of changes 
    indicative of neurotoxicity.
        5.  Chronic toxicity--i. 1-Year non-rodent (dog). Beagle dogs were 
    dosed with diflufenzopyr at 0, 750, 7,500 and 15,000 ppm in the diet 
    for one year. The NOEL was determined to be 750 ppm (26 mg/kg/day) in 
    males and (28 mg/kg/day) in females. The LOAEL was 7,500 ppm (299 mg/
    kg/day) in males and (301 mg/kg/day) in females. This is based on an 
    erythropoietic response in bone marrow and increased hemosiderin 
    deposits in spleen, liver and kidneys. Peripheral hematology 
    investigations revealed mild to moderate reticulocytosis at the 7,500 
    and 15,000 ppm dose levels, in the absence of any signs of anemia. The 
    erythropoietic response of bone marrow is thought to compensate 
    probable toxic effects to erythrocytes. Because of a similarity of NOEL 
    levels from this dog study and the rat chronic/oncogenicity study a 
    suggested risk assessment reference dose (Rfd) is calculated by using 
    25 as a Noel level with a 100 fold safety factor ending with 0.25 mg/
    kg/day.
        ii. Combined rodent chronic toxicity/oncogenicity (rat). Wistar 
    rats were fed 0, 500, 1,500, 5,000 and 10,000 ppm diflufenzopyr in the 
    diet for 104 weeks. The NOEL was determined to be 500 ppm (22 mg/kg/
    day) in males and (29 mg/kg/day) in females. The NOAEL was determined 
    to be 1,500 ppm (69 mg/kg/day) in males and (93 mg/kg/day) in females 
    based on reduced body weight gains of 8 % in males and 7% in females. 
    The LEL was determined to be 5,000 ppm (235 mg/kg/day ) in males 
    and(323 mg/kg/day) in females based on 9% reduced weight gain in 
    females and 11% in males plus males showed lower triglyceride and 
    higher phosphate levels. Diflufenzopyr was not carcinogenic under the 
    conditions of the test.
        iii.  Oncogenicity in the rodent (mouse). CD-1 mice were fed 0, 
    700, 3,500 and 7,000 ppm diflufenzopyr in the diet for 78 weeks. The 
    NOAEL was determined to be 7,000 ppm (1037 mg/kg/day) in males and 
    (1,004 mg/kg/day) in females. There were no changes or 
    histopathological findings attributed to the dietary inclusion of test 
    material in the 52 (interim) or 78 (terminal) week animals. 
    Diflufenzopyr was not carcinogenic under the conditions of the test.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. The potential aggregate dietary exposure is 
    based on the Theoretical Maximum Residue Contribution (TMRC) from the 
    tolerances for all crops on which diflufenzopyr is to be applied. The 
    TMRC from the proposed use of diflufenzopyr of corn at the tolerance 
    level of 0.05 ppm is 0.173168 ug/kg/day, and utilizes 0.069 percent of 
    the RfD for the overall U.S. population. The exposure of the most 
    highly exposed subgroup in the population, non-nursing infants, is 
    0.195424 ug/kg/day, and utilizes 0.078 percent of the RfD.
        2. Drinking water. Based on the studies submitted to EPA for 
    assessment of environmental risk, BASF does not anticipate exposure to 
    residues of diflufenzopyr in drinking water. There is no established 
    maximum concentration level for residues of diflufenzopyr in drinking 
    water under the Safe Drinking Water Act.
        3. Non-dietary exposure. BASF has not estimated non-occupational 
    exposure for diflufenzopyr since the only pending registration for 
    diflufenzopyr is limited to commercial crop production use. 
    Diflufenzopyr products are not labeled for any residential uses 
    therefore, eliminating the potential for residential exposure. The 
    potential for non-occupational exposure to the general population is 
    considered to be insignificant.
    
    D. Cumulative Effects
    
        BASF also considered the potential for cumulative effects of 
    diflufenzopyr and other substances that have a common mechanism of 
    toxicity. BASF has concluded that consideration of a common mechanism 
    of toxicity is not appropriate at this time since there is no 
    indication that toxic effects produced by diflufenzopyr would be 
    cumulative with those of any other chemical compounds. Semicarbazone 
    chemistry is new and diflufenzopyr has a novel mode of action compared 
    to currently registered active ingredients.
    
    E. Safety Determination
    
        1. U.S. population. Dietary and occupational exposure will be the 
    major routes of exposure to the U.S. population and ample margins of 
    safety have been demonstrated for both situations. The TMRC from the 
    proposed tolerance of 0.05 ppm is 0.173168 ug/kg/day and utilizes 
    0.0692 percent of the RfD for the overall U.S population. The MOEs for 
    occupational exposure are greater than 7,000. Based on the completeness 
    and reliability of the toxicity data and the conservative exposure 
    assessments, there is a reasonable certainty that no harm will result 
    from the aggregate exposure of residues of diflufenzopyr including all 
    anticipated dietary exposure and all other non-occupational exposures.
        2. Infants and children. Dietary exposure of the most highly 
    exposed subgroup in the population, non-nursing infants, is 0.195424 
    ug/kg/day. This accounts for only 0.078 percent of the RfD. There are 
    no residential uses of diflufenzopyr and contamination of drinking 
    water is extremely unlikely. All chronic, lifespan and 
    multigenerational bioassays in mammals plus tests in aquatic organisms 
    and wildlife failed to reveal any endocrine effects. Based on the 
    completeness and reliability of the toxicity data and the conservative 
    exposure assessment, there is a reasonable certainty that no harm will 
    result to infants and children from the aggregate exposure of residues 
    of diflufenzopyr including all anticipated dietary exposure and all 
    other non-occupational exposures.
    
    F. International Tolerances
    
         A maximum residue level has not been established for diflufenzopyr 
    by the Codex Alimentarius Commission.
    
    2. Novartis Crop Protection, Inc.
    
    PP 7E3489
    
        EPA has received a pesticide petition (PP 7E3489) from Novartis 
    Crop Protection, Inc. (formerly Ciba Crop Protection), P.O. Box 18300, 
    Greensboro, NC 27419. proposing pursuant to section 408(d) of the 
    Federal Food, Drug and Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR 
    part 180 by establishing a tolerance for combined residues of 4-
    (dichloroacetyl)-3,4-dihydro-3-methyl-2H-1,4-benzoxazine (benoxacor) 
    when used as an inert ingredient (safener) in pesticide formulations 
    containing metolachlor in or on raw agricultural commodities for which 
    tolerances have been established for metolachlor. The proposed 
    analytical method is capillary gas
    
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    chromatography using Nitrogen/Phosphorous (N/P) detection. EPA has 
    determined that the petition contains data or information regarding the 
    elements set forth in section 408(d)(2) of the FFDCA; however, EPA has 
    not fully evaluated the sufficiency of the submitted data at this time 
    or whether the data supports granting of the petition. Additional data 
    may be needed before EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant/Animal metabolism. Novartis Crop Protection, Inc. 
    (Novartis) notes that the metabolism in plants and animals (goat, hen, 
    and rat) is well understood. Identified metabolic pathways are similar 
    in plants and animals.
        2. Analytical method. Novartis Analytical Method AG536(C) is 
    available and involves extraction, filtering, dilution, partitioning, 
    and cleanup. Samples are then analyzed by capillary gas chromatography 
    using Nitrogen/Phosphorous (N/P) detection. The limit of quantitation 
    (LOQ) is 0.01 ppm.
        3. Magnitude of residues. More than 30 residue trials were 
    conducted in 19 states on a variety of agricultural crops [corn (field 
    and sweet); soybeans, potatoes, green beans, radishes, sorghum, 
    peanuts, head lettuce, peas]. There were no detectable residues of 
    benoxacor at the limit of quantitation (LOQ) of 0.01 ppm (many samples 
    were analyzed at an LOQ of 0.005 ppm and no residues were detected) in 
    any raw agricultural commodity or processed commodity. No transfer of 
    residue to animals is expected through their diet. Benoxacor is stable 
    for a minimum of 12 months at temperatures down to -15 deg.C.
    
    B. Toxicological Profile
    
        1. Acute toxicity. A rat acute oral study with an LD50 > 
    5,000 mg/kg, a rabbit acute dermal study with an LD50 > 
    2,010 mg/kg, a rat inhalation study with an LC50 > 2,000 mg/
    liter, a primary eye irritation study in the rabbit showing moderate 
    eye irritation, a primary dermal irritation study in the rabbit showing 
    benoxacor is not a skin irritant, and a skin sensitization study which 
    showed benoxacor to be a skin sensitizer in the Guinea pig. Results of 
    a dermal absorption study show a maximum of 55.7% of benoxacor is 
    absorbed by the rat following a 24 hour dermal exposure. Benoxacor was 
    applied to the shaved skin of 5 male and 5 female New Zealand white 
    rabbits at dose levels of 0, 1,500, or 1,010 mg/kg for at least 22 
    consecutive days. This study showed benoxacor is not dermally toxic at 
    doses greater than the limit dose of 1,000 mg/kg/day.
        2. Genotoxicty. Benoxacor did not induce point mutations in vitro 
    at limit (cytotoxic) concentrations in a Salmonella/mammalian microsome 
    test or show any mutagenic activity in the Chinese hamster V79 
    mammalian point mutation test and is neither clastogenic nor aneugenic 
    in the Chinese hamster at doses up to the limit dose of 5,000 mg/kg. 
    Benoxacor did not induce unscheduled DNA synthesis in isolated rat 
    hepatocytes at cytotoxic concentrations up to 20 micrograms/ml.
        3. Reproductive and developmental toxicity. A 2-generation 
    reproduction study in the rat at approximate doses of 0, 0.5, 2.5, 25 
    or 50 mg/kg/day. No effects on fertility, reproductive performance or 
    development were seen in the rat at a maximally-tolerated dose of  50 
    mg/kg/day. Treatment related effects on body weight at feeding levels 
    of > 25 mg/kg/day were accompanied by marginally reduced food intake 
    only in the high dose group. The parental NOEL ranged from 3.4 to 4.8 
    mg/kg/day while the developmental NOEL was approximately 10-fold 
    greater. A developmental toxicity study in the rat at doses of 0, 1, 
    100, or 400 mg/kg/day by gavage with maternal and developmental NOEL's 
    of 1 and 100 mg/kg/day, respectively. Maternal, embryo, and fetal 
    toxicity were observed at doses > 100 mg/kg/day. A developmental 
    toxicity study in the rabbit at doses of 0, 0.5, 2.5, 12.5 or 62.5 mg/
    kg/day. Slight evidence of maternal and fetal toxicity was observed at 
    62.5 mg/kg/day. The maternal and developmental NOEL's were 12.5 mg/kg/
    day.
        4. Subchronic toxicity. Six groups of 15 male and 15 female Sprague 
    Dawley rats were fed benoxacor at dietary concentrations of 
    approximately 0, 0.5, 5, 15, 50 or 300 mg/kg/day for 13 weeks. The 
    liver (pigmentation, karyomegaly, cytomegaly, bile duct proliferation, 
    portal mononuclear cell infiltration) and stomach (pyloric gland 
    degeneration and necrosis) were identified as target organs in the 300 
    mg/kg/day group. Based on a significant depression of body weight gain 
    at 50 and 300 mg/kg/day as well as hematology, clinical chemistry and 
    pathology findings, the NOEL was determined to be 15 mg/kg/day.
        A 90-day feeding study in the dog at approximate doses of 0, 0.25, 
    1, 5, 50, 150, or 400 mg/kg/day. Liver, kidney, stomach, and thymus 
    were identified as target organs. The NOEL was 50 mg/kg/day. The 
    maximum tolerated dose was exceeded at > 150 mg/kg/day.
        A 90-day feeding study in CD-1 mice at dietary concentrations of 
    approximately 0, 6.25, 62.5, 250, or 750 mg/kg/day for 90 days. Effects 
    on survival, clinical signs, body weight, food consumption, the 
    hematological system, and liver and kidney were seen at 750 mg/kg/day 
    and to a lesser extent at 250 mg/kg/day. The NOEL was 62.5 mg/kg/day.
        5. Chronic toxicity. A 52-week feeding study in the dog at doses of 
    0, 1, 5, 40, or 80 mg/kg. Liver and kidney were identified as target 
    organs and the NOEL was established at 5 mg/kg.
        An 18-month oncogenicity study in the mouse at approximate doses of 
    0, 1.4, 4.2, 84, or 168 mg/kg/day with a NOEL of 4.2 mg/kg/day for both 
    chronic toxicity and tumors. Target organs were the liver and 
    forestomach. A carcinogenic response was noted in the forestomach and 
    is likely to be linked to a non-genotoxic mode of action involving 
    direct irritation to the epithelial lining of the forestomach and 
    limiting ridge between the non-glandular and glandular stomach.
        A 24-month chronic feeding and oncogenicity study in the rat at 
    approximate doses of 0, 0.5, 2.5, 25, or 50 mg/kg/day. Liver and 
    forestomach were identified as target organs. A carcinogenic response 
    was seen in the forestomach and is likely linked to a non-genotoxic 
    mode of action involving direct irritation to the epithelial lining of 
    the forestomach and the limiting ridge. The NOEL for tumors was 25 mg/
    kg/day and the NOEL for chronic toxicity was 0.5 mg/kg/day.
        Based on the available chronic toxicity data, EPA has established 
    the RfD for benoxacor at 0.004 mg/kg/day. This RfD is based on the 2 
    year feeding study in rats with a NOEL of 0.4 mg/kg/day and an 
    uncertainty factor of 100. The uncertainty factor of 100 was applied to 
    account for inter-species extrapolation (10) and intra-species 
    variability (10).
        Using the Guidelines for Carcinogenic Risk Assessment published 
    September 24, 1986 (51 FR 33992), Novartis believes the Agency will 
    classify benoxacor as a Group C carcinogen (possible human carcinogen) 
    based on findings of a carcinogenicity effect in the non-glandular 
    stomach of both rats and mice. Because this carcinogenic response was 
    only observed at high doses in the non-glandular stomach of the rodent, 
    an anatomical structure not found in humans, it is likely this response 
    occurred via a non-genotoxic, threshold based mechanism. Novartis 
    believes exposure to benoxacor should be regulated using a margin of 
    exposure approach where the carcinogenic NOEL established in the most 
    sensitive species, the mouse, was 4.2 mg/kg/day.
    
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    C. Aggregate Exposure
    
        1. Dietary exposure-- Food. For purposes of assessing the potential 
    dietary exposure under the proposed tolerances, Novartis has estimated 
    aggregate exposure based on the theoretical maximum residue 
    contribution (TMRC) from the benoxacor tolerance of 0.01 ppm in or on 
    raw agricultural commodities for which tolerances have been established 
    for metolachlor. In conducting this exposure assessment, Novartis has 
    made very conservative assumptions--100% of all raw agricultural 
    products for which tolerances have been established for metolachlor 
    will contain benoxacor residues and those residues would be at the 
    level of the tolerance (0.01 ppm) which result in an overestimate of 
    human exposure.
        2. Drinking water. Although benoxacor is mobile and hydrolyzes 
    slowly at low pHs, it rapidly degrades in the soil (half-life of 49 
    days under aerobic conditions and 70 days anaerobically). Based on this 
    data, Novartis does not anticipate exposure to residues of benoxacor in 
    drinking water. This is supported by extensive experience with 
    metolachlor, where in large scale ground water monitoring studies, 
    metolachlor has been detected in less than 4% of the samples with the 
    typical value being 1 ppb or less. Since benoxacor is formulated as a 1 
    to 30 ratio with metolachlor, (maximum of 0.2 pounds benoxacor per 
    acre) the presence of benoxacor in groundwater is highly unlikely. The 
    EPA has not established a Maximum Concentration Level for residues of 
    benoxacor in drinking water.
        3. Non-dietary exposure. Novartis has evaluated the estimated non-
    occupational exposure to benoxacor and based on its low use rate 
    concludes that the potential for non-occupational exposure to the 
    general population is unlikely except for the potential residues in 
    food crops discussed above. Benoxacor is used only on agricultural 
    crops and is not used in or around the home.
    
    D. Cumulative Effects
    
        Novartis also considered the potential for cumulative effects of 
    benoxacor and other substances that have a common mechanism of 
    toxicity. Novartis concluded that consideration of a common mechanism 
    of toxicity is not appropriate at this time. Novartis does not have any 
    reliable information to indicate that toxic effects seen at high doses 
    of benoxacor (generalized liver toxicity, nephrotoxicity and the 
    occurrence of forestomach tumors in an organ not present in humans) 
    would be cumulative with those of any other chemical compounds; thus 
    Novartis is considering only the potential risks of benoxacor in its 
    aggregate exposure assessment.
    
    E. Safety Determination
    
        1. U.S. population. Using the conservative exposure assumptions 
    described above and based on the completeness and reliability of the 
    toxicity data base for benoxacor, Novartis has calculated that 
    aggregate exposure to benoxacor will utilize 4.7% of the RfD for the 
    U.S. population based on chronic toxicity endpoints and only 0.4% based 
    on a margin of exposure assessment and a carcinogenic NOEL of 4.2 mg/
    kg/day. EPA generally has no concern for exposures below 100 percent 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. Novartis concludes that there is a reasonable 
    certainty that no harm will result from aggregate exposure to benoxacor 
    residues.
        2. Infants and children. Using the same conservative exposure 
    assumptions used for the determination in the general population, 
    Novartis has concluded that the percent of the RfD that will be 
    utilized by aggregate exposure to residues of benoxacor is 5.3% for 
    nursing infants less than 1 year old, 20.2% for non-nursing infants, 
    11.9% for children 1-6 years old and 7.7% for children 7-12 years old. 
    These worst case estimates are likely at least 4 times greater than 
    actual values when considering that benoxacor residues have not been 
    detected at the limit of quantitation of 0.005 ppm (tolerance is 0.01 
    ppm) and using a more realistic market share of 50% rather than the 
    conservative 100%. Therefore, based on the completeness and reliability 
    of the toxicity data base and the conservative exposure assessment, 
    Novartis concludes that there is a reasonable certainty that no harm 
    will result to infants and children from aggregate exposure to 
    benoxacor residues.
    
    F. International Tolerances
    
        A maximum residue level has not been established for benoxacor by 
    the Codex Alimentarius Commission.
    [FR Doc. 97-30659 Filed 11-20-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
11/21/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-30659
Dates:
Comments, identified by the docket control number PF-778, must be received on or before December 22, 1997.
Pages:
62304-62308 (5 pages)
Docket Numbers:
PF-778, FRL-5755-4
PDF File:
97-30659.pdf