96-32531. Monsanto; Pesticide Tolerance Petition Filing  

  • [Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
    [Notices]
    [Pages 67804-67807]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-32531]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [PF-679; FRL-5576-6]
    
    
    Monsanto; Pesticide Tolerance Petition Filing
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice of Filing.
    
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    SUMMARY: This notice is a summary of the pesticide petitions which 
    proposes to establish time-limited tolerances for residues of the 
    herbicide glyphosate [N-phosphonomethyl)glycine] in or on the raw 
    agricultural commodities (RACs) field corn grain at 1.0 parts per 
    million (ppm), field corn forage at 1.0 ppm, field corn fodder at 100 
    ppm, aspirated grain fractions at 200 ppm, grain sorghum at 15 ppm, 
    grain sorghum fodder at 40 ppm, and oats at 20 ppm. The residues from 
    treatment of field corn include residues from field corn varieties 
    which have been genetically modified to be tolerant of glyphosate. 
    Because additional time is needed for the petitioner to submit 
    additional details on residue and processing data, the Agency is 
    proposing to grant these tolerances with a 3-year expiration date. 
    Monsanto Company requested these tolerances in petitions submitted to 
    EPA pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA). A 
    summary of the petition prepared by Monsanto is being included in this 
    notice.
    DATES: Comments, identified by the docket control numbers [PF-679] must 
    be received on or before January 23, 1997.
    
    ADDRESSES: By mail, submit written comments to Public Response and 
    Program Resources Branch, Field Operations Division (7506C), Office of 
    Pesticide 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 22202. Comments and data may 
    also be submitted electronically by sending electronic mail (e-mail) 
    to: 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.
        Comments and data will also be accepted on disks in Word Perfect 
    5.1 file format or ASCII file format. All comments and data in 
    electronic form must be identified by the Docket number [PF-679]. 
    Electronic comments on this notice may be filed online at many Federal 
    Depository Libraries. Additional information on electronic submissions 
    can be found below in this document.
        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 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
    holidays.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Robert J. Taylor, Product 
    Manager (PM) 23, Registration Division, (7505C), Office of Pesticide 
    Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
    DC 20460. Office location and telephone number: Rm. 241, CM #2, 1921 
    Jefferson Davis Highway, Arlington, VA 22202, 703-305-6027, e-mail: 
    taylor.robert@epamail.epa.gov.
    SUPPLEMENTARY INFORMATION: Pursuant to section 408(d) of the Federal 
    Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. section 346 a(d), EPA 
    has received several pesticide petitions (PP 8F3672, PP 8F3673, PP 
    6E4645 and PP
    
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    5F4555) from Monsanto Company, 700 14th St., NW., Suite 1100, 
    Washington, DC 20005. These petitions propose amending 40 CFR part 
    180.364 by establishing a regulation to permit residues of the 
    herbicide glyphosate [N-(phosphonomethyl)glycine], resulting from the 
    application of the isopropylamine salt and/or the monoammonium salt of 
    glyphosate in or on the raw agricultural commodities (RACs) field corn 
    grain at 1.0 parts per million (ppm), field corn forage at 1.0 ppm, 
    field corn fodder at 100 ppm, aspirated grain fractions at 200 ppm, 
    grain sorghum at 15 ppm, grain sorghum fodder at 40 ppm, and oats at 20 
    ppm. PP 5F4555 specifically relates to field corn which has been 
    genetically modified to be tolerant to glyphosate.
        As required by section 408(d) of the FFDCA, as recently amended by 
    the Food Quality Protection Act, Monsanto included in the petition a 
    summary of the petition and authorization for the summary to be 
    published in the Federal Register in a notice of receipt of the 
    petition. The summary represents the views of Monsanto; EPA is in the 
    process of evaluating the petition. As required by section 408(d)(3), 
    EPA is including the summary as a part of this notice of filing. EPA 
    has made minor edits to the summary for the purpose of clarity.
    
    I. Monsanto Petition Summary
    
        1. Glyphosate uses. Glyphosate is a postemergent, systemic 
    herbicide with no residual soil activity. It is generally non-selective 
    and provides broad spectrum control of many annual weeds, perennial 
    weeds, woody brush and trees. Glyphosate is registered for a variety of 
    agricultural uses, including preplant, preharvest, in-crop, fallow, 
    reduced tillage, forestry and aquatic applications, as well as non-crop 
    applications. When applied at lower rates, glyphosate also acts as a 
    plant growth regulator. Glyphosate's primary mode of action is 
    inhibition of the biosynthesis of aromatic amino acids in plants.
        2. Safety. Monsanto Company has submitted numerous toxicology 
    studies in support of glyphosate. According to Monsanto Company, the 
    acute toxicity and irritation potential of glyphosate is low. There are 
    large margins of safety for subchronic and chronic effects. Glyphosate 
    does not produce reproductive effects and is not a teratogen, mutagen, 
    carcinogen or a neurotoxin. Risk assessment calculations indicate the 
    margin of safety for agricultural workers and the population in general 
    far exceed the EPA required level of 100.
        The following mammalian toxicity studies have been conducted to 
    support glyphosate:
        A rat acute oral study with a combined LD50 of >5,000 mg/kg.
        A rabbit acute dermal LD50 of > 5,000 mg/kg.
        A primary eye irritation study in the rabbit which showed severe 
    irritation for glyphosate acid. However, glyphosate is normally 
    formulated as one of several salts and eye irritation studies on the 
    salts showed essentially no irritation.
        A primary dermal irritation study which showed essentially no 
    irritation.
        A primary dermal sensitization study which showed no sensitization.
        A 90-day feeding study in rats fed dosage levels of 0, 1,000, 5,000 
    and 20,000 ppm with a no-observable-effect level (NOEL) of 20,000 ppm 
    based on no effects even at the highest dose tested.
        A 90-day feeding study in mice fed dosage levels of 0, 5,000, 
    10,000 and 50,000 with a NOEL of 10,000 ppm based on body weight 
    effects at the high dose.
        A 90-day feeding study in dogs given glyphosate, via capsule, at 
    doses of 0, 200, 600 and 2000 mg/kg/day with a NOEL of 2000 mg/kg/day 
    based on no effects even at the highest dose tested.
        A 12-month oral study in dogs given glyphosate, via capsule, at 
    doses of 0, 20, 100 and 500 mg/kg/day with a NOEL of 500 mg/kg/day 
    based on no adverse effects at any dose level.
        A 26-month chronic/feeding oncogenicity study with rats fed dosage 
    levels of 0, 3, 10 and 31 mg/kg/day (males) and 0, 3, 11 and 34 mg/kg/
    day (females) with a systemic NOEL of 31 mg/kg/day (males) and 34 mg/
    kg/day (females) based on no carcinogenic or other adverse effects at 
    any dose level.
        A 24-month chronic/feeding oncogenicity study with rats fed dosage 
    levels of 0, 89, 362 and 940 mg/kg/day (males) and 0, 113, 457 and 
    1,183 mg/kg/day (females) with a systemic NOEL of 362 mg/kg/day based 
    on body weight effects in the female and eye effects in males. There 
    was no carcinogenic response at any dose level.
        A mouse oncogenicity study with mice fed dosage levels of 0, 150, 
    750 and 4,500 mg/kg/day with a NOEL of 750 mg/kg/day based on body 
    weight effects and microscopic liver changes at the high dose. There 
    was no carcinogenic effect at the highest dose tested of 4,500 mg/kg/
    day.
        An oral developmental toxicity study with rats given doses of 0, 
    300, 1,000 and 3,500 mg/kg/day with a maternal NOEL of 1,000 mg/kg/day 
    based on clinical signs of toxicity, body weight effects and mortality, 
    and a fetal NOEL of 1,000 mg/kg/day based on reduced body weights and 
    delayed sternebrae maturation at the highest dose tested of 3,500 mg/
    kg/day.
        An oral developmental toxicity study with rabbits given doses of 0, 
    75, 175 and 350 mg/kg/day with a maternal of NOEL of 175 mg/kg/day 
    based on clinical signs of toxicity and mortality, and a fetal NOEL of 
    350 mg/kg/day based on no developmental toxicity at any dose tested.
        A three-generation reproduction study with rats fed dosage levels 
    of 0, 3, 10 and 30 mg/kg/day with a NOEL for systemic and reproductive/
    developmental parameters of 30 mg/kg/day based on no adverse effects 
    noted at any dose level.
        A two-generation reproduction study with rats fed dosage levels of 
    0, 100, 500 and 1,500 mg/kg/day with a NOEL for systemic and 
    developmental parameters of 500 mg/kg/day based on body weight effects, 
    clinical signs of toxicity in adult animals and decreased pup 
    bodyweights, and a reproductive NOEL of 1,500 mg/kg/day.
        A number of mutagenicity studies were conducted and were all 
    negative. These studies included: chromosomal aberration in vitro (no 
    aberrations in Chinese hamster ovary cells were caused with or without 
    S9 activation); DNA repair in rat hepatocyte; in vivo bone marrow 
    cytogenic test in rats; rec-assay with B. subtilis; reverse mutation 
    test with S. typhimurium; Ames test with S. typhimurium; and dominant-
    lethal mutagenicity test in mice.
        3. Threshold effects-- chronic effects.  The reference dose (RfD) 
    for glyphosate based on maternal effects in a developmental study with 
    rabbits (NOEL of 175 mg/kg bwt/day) and using a hundred-fold safety 
    factor is calculated to be 2.0 mg/kg body weight/day.
        Acute toxicity. Based on the available acute toxicity data, 
    glyphosate does not pose any acute dietary risks.
        4. Non-threshold effects--carcinogenicity. The Health Effects 
    Division Carcinogenicity Peer Review Committee has classified 
    glyphosate in Group E (evidence of noncarcinogenicity for humans), 
    based upon lack of convincing carcinogenicity evidence in adequate 
    studies in two animal species. There was no evidence of carcinogenicity 
    in an 18-month feeding study in mice and a 2-year feeding study in rats 
    at the dosage levels tested. The doses tested are adequate for 
    identifying a cancer risk. Thus, a cancer risk assessment is not 
    appropriate.
        5. Aggregate exposure. For purposes of assessing the potential 
    dietary exposure, Monsanto has estimated
    
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    aggregate exposure based on the tolerances for glyphosate on field corn 
    grain at 1.0 ppm, field corn forage at 1.0 ppm, field corn fodder at 
    100 ppm, corn aspirated grain fractions at 200 pm, grain sorghum at 15 
    ppm, grain sorghum fodder at 40 ppm and oats at 20 ppm. Corn forage and 
    fodder, sorghum fodder and aspirated grain fractions are fed to 
    animals; thus exposure of humans to residues in these commodities might 
    result if such residues are transferred to meat, milk, poultry, or 
    eggs. However, based on the results of animal metabolism studies and 
    the amount of glyphosate residues expected in animal feeds, Monsanto 
    has concluded that there is no reasonable expectation that residues of 
    glyphosate will exceed existing tolerances in meat, milk, poultry or 
    eggs. In conducting this exposure assessment, Monsanto has made very 
    conservative assumptions -- 100 percent of these crops will contain 
    glyphosate residues and those residues would be at the level of the 
    tolerance -- which result in an overestimate of human exposure. Thus, 
    in making a safety determination for these tolerances, Monsanto is 
    taking into account this conservative exposure assessment. Other 
    potential sources of exposure of the general population to residues of 
    pesticides are residues in drinking water and exposure from non-
    occupational sources. A Maximum Concentration Level (MCL) has been 
    established for residues of glyphosate in drinking water at 0.7 mg/l 
    since glyphosate is approved for direct application to water. The MCL 
    represents the level at which no known or anticipated adverse health 
    effects occur, allowing for an adequate margin of safety, and is based 
    on the reference dose (RfD). Non-occupational exposure to glyphosate is 
    expected based on the currently-registered uses; however, due to the 
    low acute toxicity and lack of other toxicological concerns, the risk 
    posed by non-occupational exposure to glyphosate is minimal. Monsanto 
    believes that EPA consideration of a common mechanism of toxicity is 
    not appropriate at this time since Monsanto believes that EPA does not 
    have information to indicate that toxic effects produced by glyphosate 
    would be cumulative with those of any other chemical compound.
        6. Determination of safety for U.S. population. RfD: The 
    theoretical maximum residue contribution (TMRC) for existing, published 
    tolerances for glyphosate is 0.021460 mg/kg bwt/day or 1.0 percent of 
    the RfD for the overall U.S. population. Using the conservative 
    exposure assumptions described above, the proposed new tolerances on 
    corn, sorghum and oat commodities will contribute 0.0023 mg/kg/day to 
    the TMRC. This aggregate exposure will utilize an additional 0.12 
    percent of the RfD for the overall U.S. population. EPA generally has 
    no concern for exposures below 100 percent of the RfD. Therefore, based 
    on the completeness and reliability of the toxicity data and the 
    conservative exposure assessment, Monsanto concludes that there is a 
    reasonable certainty that no harm will result from aggregate exposure 
    to residues of glyphosate, including all anticipated dietary exposure 
    and all other non-occupational exposures.
        7. Determination of safety for infants and children. In assessing 
    the potential for additional sensitivity of infants and children to 
    residues of glyphosate, data were considered from developmental 
    toxicity studies in the rat and rabbit and multi-generation 
    reproduction studies in rats.
        No birth defects were observed in the offspring of rats given 
    glyphosate by gavage at dose levels of 0, 300, 1,000, and 3,500 mg/kg/
    day on days 6 through 19 of gestation. The NOEL for this study was 
    1,000 mg/kg/day based on maternal and developmental toxicity observed 
    at the highest dose tested, 3,500 mg/kg/day. The high-dose in this 
    study was 3.5 times higher than the limit dose that is currently 
    required by the guidelines.
        No birth defects were observed in the offspring of rabbits given 
    glyphosate by gavage at dose levels of 0, 75, 175, and 350 mg/kg/day on 
    days 6 through 27 of gestation. The NOEL for this study is considered 
    to be 175 mg/kg/day based on maternal toxicity at the high-dose of 350 
    mg/kg/day. Because no developmental toxicity was observed at any dose 
    level, the developmental NOEL is considered to be 350 mg/kg/day.
        Male and female rats were fed glyphosate at dose levels of 0, 3, 
    10, and 30 mg/kg/day every day throughout the production of three 
    successive generations. No adverse treatment-related effects on 
    reproduction were observed. Because no toxicity was noted even at the 
    highest dose tested, a second reproduction study at higher dose levels 
    was performed and is described below.
        Male and female rats were fed glyphosate at dose levels of 0, 100, 
    500, and 1,500 mg/kg/day every day throughout the production of two 
    successive generations. Reduced body weights and soft stools occurred 
    at 1,500 mg/kg/day (3 percent of the diet); therefore, the systemic 
    NOEL is considered to be 500 mg/kg/day. Glyphosate did not affect the 
    ability of rats to mate, conceive, carry or deliver normal offspring at 
    any dose level.
        The results of these studies indicate that glyphosate does not 
    produce birth defects and is not a reproductive toxin.
        Reference Dose (RfD). The TMRC for existing, published tolerances 
    for glyphosate ranges from 0.015561 for nursing infants to 0.049134 for 
    non-nursing infants (0.8 to 2.5 percent of the RfD). Using the 
    conservative exposure assumptions described above, the proposed new 
    tolerances on corn, sorghum and oat commodities will contribute 0.0158 
    mg/kg/day to the TMRC for non-nursing infants. For non-nursing infants, 
    the proposed new tolerances and previously established tolerances will 
    utilize a total of 3.2 percent of the RfD. EPA generally has no concern 
    for exposures below 100 percent of the RfD. Therefore, based on the 
    completeness and reliability of the toxicity data and the conservative 
    exposure assessment, Monsanto concludes that there is a reasonable 
    certainty that no harm will result from aggregate exposure to residues 
    of glyphosate, including all anticipated dietary exposure and all other 
    non-occupational exposures.
        8. Estrogenic effects. The toxicity studies required by EPA for the 
    registration of pesticides measure numerous endpoints with sufficient 
    sensitivity to detect potential endocrine-modulating activity. No 
    effects have been identified in subchronic, chronic or developmental 
    toxicity studies to indicate any endocrine-modulating activity by 
    glyphosate. In addition, negative results were obtained when glyphosate 
    was tested in a dominant-lethal mutation assay. While this assay was 
    designed as a genetic toxicity test, agents that can affect male 
    reproduction function will also cause effects in this assay. More 
    importantly, the multi-generation reproduction study in rodents is a 
    complex study design which measures a broad range of endpoints in the 
    reproductive system and in developing offspring that are sensitive to 
    alterations by chemical agents. Glyphosate has been tested in two 
    separate multi-generation studies and each time the results 
    demonstrated that glyphosate is not a reproductive toxin.
        9. Chemical residue. The nature of the residue in plants and 
    animals is adequately understood. The residue to be regulated is the 
    parent glyphosate. The submitted residue data adequately support the 
    proposed tolerances on field corn grain (1.0 ppm), field corn forage 
    (1.0 ppm), field corn stover (100 ppm), aspirated grain fractions (200 
    ppm), grain sorghum (15 ppm), grain sorghum
    
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    fodder (40 ppm) and oats (20 ppm). Residues from genetically-modified 
    glyphosate tolerant field corn varieties did not exceed those from 
    unmodified varieties and there were no residues of metabolites which 
    would be of toxicological concern. Codex maximum residue levels (MRLs) 
    have been established for residues of glyphosate on oats at 20 ppm and 
    on corn grain and grain sorghum at 0.1 ppm. The Codex MRLS on corn and 
    sorghum were established based on preplant/preemergent uses of 
    glyphosate, and are identical to the exixting tolerances for these 
    crops under the same use conditions in the United States. The increased 
    tolerances now being proposed on corn and sorghum are based on the new 
    preharvest uses of glyphosate to these crops in the United States. 
    Monsanto will be submitting a petition to request that the Codex MRLs 
    on these crops be increased; however the Codex Commission does not 
    generally begin the data review until the new use has been approved by 
    a member company. Any secondary residues occurring in milk, eggs, meat, 
    fat, liver and kidney of cattle, goats, horses, hogs, poultry and sheep 
    are covered by existing tolerances. There is a practical analytical 
    method for detecting and measuring levels of glyphosate in or on food 
    with a limits of detection (0.05 ppm) that allows monitoring of food 
    with residues at or above the levels set in these tolerances. EPA has 
    provided information on this method to FDA. This method is available to 
    anyone who is interested in pesticide residue enforcement from the 
    Field Operations Division, Office of Pesticide Programs.
        10. Environmental fate. Glyphosate adsorbs strongly to soil and is 
    not expected to move vertically below the 6-inch soil layer; residues 
    are expected to be immobile in soil. Glyphosate is readily degraded by 
    soil microbes to AMPA, which is degraded to carbon dioxide. Glyphosate 
    and AMPA are not likely to move to ground water due to their strong 
    adsorptive characteristics. However, due to its aquatic use patterns 
    and through erosion, glyphosate does have the potential to enter 
    surface waters, where it will adsorb to sediment and undergo microbial 
    degradation.
        Glyphosate is no more than slightly toxic to birds and is 
    practically non-toxic to fish, aquatic invertebrates and honeybees.
    
    II. Administrative Matters
    
        EPA invites interested persons to submit comments on this notice of 
    filing. Comments must bear a notification indicating the docket number 
    [PF-679]. All written comments filed in response to this petition will 
    be available, in the Public Response and Program Resources Branch, at 
    the address given above from 8:30 a.m. to 4:00 p.m., Monday through 
    Friday, except legal holidays.
        A record has been established for this notice under docket numbers 
    [PF-679] (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 4:30 p.m., Monday through Friday, excluding legal holidays. The 
    public record is located in Room 1132 of the Public Response and 
    Program Resources Branch, Field Operations Division (7506C), Office of 
    Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
    1921 Jefferson Davis Highway, Arlington, VA.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
        Electronic comments must be submitted as 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 all comments 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 address in ADDRESSES'' at the beginning 
    of this document.
    
    List of Subjects
    
        Environmental protection, administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
        Dated: December 16, 1996.
    
    Peter Caulkins,
    
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 96-32531 Filed 12-20-96; 10:00 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
12/24/1996
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice of Filing.
Document Number:
96-32531
Dates:
Comments, identified by the docket control numbers [PF-679] must be received on or before January 23, 1997.
Pages:
67804-67807 (4 pages)
Docket Numbers:
PF-679, FRL-5576-6
PDF File:
96-32531.pdf