98-32426. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
    [Notices]
    [Pages 67476-67483]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32426]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-848; FRL-6047-2]
    
    
    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-848, must 
    be received on or before January 6, 1999.
    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 by following 
    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:
    
    ------------------------------------------------------------------------
                                       Office location/
            Product Manager            telephone number          Address
    ------------------------------------------------------------------------
    Mary Waller (PM 21)...........  Rm. 247, CM #2, 703-    1921 Jefferson
                                     308-9354, e-            Davis Hwy,
                                     mail:[email protected]   Arlington, VA
                                     ail.epa.gov.
    Cynthia Giles-Parker (PM 22)..  Rm. 247, CM #2, 703-    Do.
                                     305-7740, e-mail:
                                     parker.cynthia@epamai.
    ------------------------------------------------------------------------
    
    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-848] (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
    
    [[Page 67477]]
    
    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
    
    
        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 (insert docket number) and appropriate 
    petition number. Electronic comments on this 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 24, 1998.
    
    James Jones,
    
    Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Petitioner summaries of the pesticide petitions are printed below 
    as required by section 408(d)(3) of the FFDCA. The summaries of the 
    petitions were prepared by the petitioners and represent the views of 
    the petitioners. EPA is publishing the petition summaries verbatim 
    without editing them in any way. The petition summary announces the 
    availability of a description of the analytical methods available to 
    EPA for the detection and measurement of the pesticide chemical 
    residues or an explanation of why no such method is needed.
    
    1. BASF Corporation, Agricultural Products
    
    PP 7E4874
    
        EPA has received a pesticide petition (PP 7E4874) from BASF 
    Corporation, Agricultural Products, P.O. Box 13528, Research Triangle 
    Park, NC 27709, 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 an import tolerance for residues of the fungicide 
    fenpropimorph, (+)-cis-4-(3-(4-tert-butylphenyl)-2-methylpropyl)-2,6-
    dimethylmorpholine in or on the raw agricultural commodity bananas at 
    1.5 parts per million (ppm) of which no more than 0.3 ppm is found in 
    the pulp. 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 and animal metabolism. BASF Corporation notes that 
    metabolism in plants and animals is understood.
        2. Analytical method. The method of analysis includes extraction, 
    liquid/liquid partition, column clean-up, and quantitation by gas 
    chromatography/nitrogen-phosphorus detector. The overall fortification 
    recoveries from the unpeeled, whole banana, and the peeled (pulp) 
    samples together averaged 87.1%  9.3% (N=76).
        3. Magnitude of residues. Fifteen crop residue trials were 
    conducted in the banana growing regions of Mexico, South, and Central 
    America including three sites in Colombia, four sites in Costa Rica, 
    four sites in Ecuador, one site in Guatemala, two sites in Honduras, 
    and one site in Mexico. Four sequential applications were made at the 
    target rate of 545 g/ha to both bagged and unbagged bananas at each 
    site. Fruit from both the bagged and unbagged treatments were harvested 
    at 0 days following the last application.
        Whole fruit (peel and pulp) samples and pulp only samples were 
    analyzed for all treatments at all sites. Under typical practices 
    (bagged bananas) residue in the whole fruit ranged from < the="" limit="" of="" quantitation="" (loq)="" (0.050="" milligrams/kilogram="" (mg/kg))="" to="" a="" maximum="" of="" 0.4="" mg/kg.="" banana="" pulp="" residues="" from="" bagged="" bananas="" ranged="" from="">< the="" loq="" (0.050="" mg/kg="" to="" 0.20="" mg/kg="" and="" averaged="" 0.0518="" mg/kg.="" the="" average="" value="" was="" calculated="" by="" assuming="" all="" values="" below="" the="" loq="" were="" equal="" to="" one-half="" the="" loq="" or="" 0.025="" mg/kg.="" under="" worst-case="" practices="" (unbagged="" bananas)="" residue="" in="" the="" whole="" fruit="" ranged="" from="">< the="" loq="" (0.050="" mg/kg="" to="" a="" maximum="" of="" 1.4="" mg/kg.="" banana="" pulp="" residues="" from="" unbagged="" bananas="" ranged="" from="">< the="" loq="" (0.050="" mg/kg="" to="" 0.43="" mg/kg="" and="" averaged="" 0.1149="" mg/kg.="" the="" average="" value="" was="" calculated="" by="" assuming="" all="" values="" below="" the="" loq="" were="" equal="" to="" one-half="" the="" loq="" or="" 0.025="" mg/kg.="" b.="" toxicological="" profile="" 1.="" acute="" toxicity.="" based="" on="" available="" acute="" toxicity="" data="" fenpropimorph="" does="" not="" pose="" any="" acute="" toxicity="" risks.="" these="" studies="" are="" not="" required="" for="" an="" import="" tolerance,="" but="" we="" have="" provided="" the="" following="" paragraph="" to="" demonstrate="" that="" fenpropimorph="" is="" not="" an="" acute="" toxicant.="" the="" acute="" toxicity="" studies="" place="" technical="" fenpropimorph="" in="" acute="" toxicity="" category="" iii="" for="" acute="" oral,="" dermal,="" inhalation,="" and="" skin="" irritation;="" and="" in="" acute="" toxicity="" category="" iv="" for="" eye="" irritation="" and="" the="" technical="" material="" is="" not="" a="" skin="" sensitizer.="" additionally,="" results="" of="" an="" acute="" oral="" neurotoxicity="" and="" a="" subchronic="" oral="" feeding="" neurotoxicity="" study="" demonstrated="" that="" fenpropimorph="" was="" not="" a="" neurotoxic="" compound.="" 2.="" genotoxicity.="" a="" modified="" ames="" test="" (1="" study;="" point="" mutation):="" negative;="" in="" vitro="" cytogenetics-human="" lymphocytes="" (1="" study;="" chromosome="" aberrations):="" negative;="" mouse="" micronucleus="" assay="" (1="" study;="" chromosome="" aberrations):="" negative;="" in="" vitro="" uds="" test="" using="" rat="" hepatocytes="" (1="" study;="" dna="" damage="" and="" repair):="" negative;="" fenpropimorph="" has="" been="" tested="" in="" a="" total="" of="" 4="" genetic="" toxicology="" assays.="" these="" assays="" were="" performed="" both="" in="" vitro="" and="" in="" vivo="" and="" multiple="" assays="" were="" conducted="" for="" each="" of="" the="" three="" epa="" guideline="" requirement="" categories.="" based="" on="" the="" data="" presented="" in="" this="" petition,="" fenpropimorph="" does="" not="" induce="" gene="" mutations="" and="" does="" not="" induce="" other="" effects="" indicative="" of="" genotoxicity.="" fenpropimorph="" does="" not="" pose="" a="" mutagenic="" hazard="" to="" humans.="" 3.="" reproductive="" and="" developmental="" toxicity.="" a="" 2-generation="" reproduction="" study="" with="" rats="" fed="" dosages="" of="" 0,="" 0.625,="" 1.25,="" and="" 2.5="" milligrams/kilogram/day="" (mg/kg/day)="" (average="" mg/kg/day="" dose="" levels="" for="" both="" male="" and="" female="" rats)="" with="" a="" reproductive="" no="" observed="" adverse="" effect="" level="" (noael)="" of="" 2.5="" mg/kg/day="" and="" with="" a="" parental="" noael="" of="" 2.5="" mg/kg/day="" based="" on;="" (i)="" no="" treatment-related="" clinical="" signs,="" significant="" body="" weight="" changes,="" parameters="" of="" fertility="" and="" gestation,="" or="" macro-="" or="" histopathological="" changes="" were="" observed="" for="" the="" parental="" f0="" and="" f1="" at="" all="" dose="" levels="" tested;="" (ii)="" in="" the="" f1="" litters,="" a="" slight="" increased="" incidence="" of="" stillborn="" pups,="" unfolding="" of="" the="" ear,="" and="" slight="" reduced="" body="" weight="" development="" during="" lactation="" were="" observed="" in="" the="" 2.5="" mg/kg/day="" dose="" level="" group;="" and="" (iii)="" in="" the="" f2="" litters,="" no="" treatment-related="" effects="" were="" observed="" at="" all="" dose="" levels="" tested.="" a="" developmental="" prenatal="" study="" was="" conducted="" via="" oral="" gavage="" in="" rats="" resulted="" in="" dosages="" of="" 0,2.5,="" 10,="" 40,="" and="" 160="" highest="" dose="" tested="" (hdt)="" mg/kg/day="" from="" day="" 6="" to="" 15="" of="" gestation="" with="" a="" development="" toxicity="" noael="" of="" 40="" mg/kg/day="" and="" a="" maternal="" toxicity="" of="" 10="" mg/kg/day="" based="" on="" the="" following:="" (i)="" signs="" of="" maternal="" toxicity,="" in="" the="" form="" of="" [[page="" 67478]]="" decreased="" body="" weights="" and/or="" clinical="" signs="" observed="" at="" dose="" levels=""> 
    40 mg/kg/day; (ii) maternal animals in the 160 mg/kg/day dose group 
    showed an increased incidence of vaginal bleeding from day 10 to 19 of 
    gestation and increased placental weight; (iii) maternal animals in the 
    160 mg/kg/day dose group showed an increase in the number of 
    resorptions as compared to controls; (iv) decreases in fetal body 
    weights and size and number of viable fetus were observed at the HDT; 
    (v) a significant number of fetuses had a finding of cleft palate in 
    the high dose group tested were observed; and (vi) litters from animals 
    treated at the lower doses remained entirely unaffected.
        A second developmental perinatal study was conducted via oral 
    gavage in rats resulted in dosages of 0, 2.5, 10, 40, and 160 HDT mg/
    kg/day from day 15 to 21 of gestation with a development toxicity NOAEL 
    of 40 mg/kg/day and a maternal toxicity of 40 mg/kg/day based on the 
    following: (i) four animals died on days 1 to 6 after delivery; (ii) 
    signs of maternal toxicity, in the form of decreased body weights and/
    or clinical signs observed at the top dose level; (iii) at birth, body 
    weight was significantly reduced in the pups of the top dose group; 
    (iv) the brood care at the top dose group animals was generally 
    unsatisfactory and led to a high perinatal mortality of the fetuses 
    with only 30 viable fetuses left on day 1 post partum, the dead fetuses 
    showed no increased incidence of malformations; (v) the few surviving 
    pups of the dams at the 160 mg/kg/day dose group showed decreases in 
    fetal body weights and size was retarded, no disturbances were found in 
    the functional and behavioral tests that were conducted on the 
    surviving pups; (vi) at necropsy, all dams showed comparable number of 
    implantations and the animals scarified as scheduled revealed no 
    treatment-related changes and also the mean organ weights were similar 
    in treated and untreated groups; and (vii) litters from animals treated 
    at the lower doses remained entirely unaffected and no pathological 
    findings were also noted in these pups.
        A series of two developmental study, Study A dose levels were 0, 
    2.4, 12, 36, and 60 mg/kg/day and, Study B dose levels were 0, 7.5, 15, 
    and 30 mg/kg/day were conducted via oral gavage in rabbits resulted in 
    dosages of 0, 2.4, 7.5, 12, 15, 30, 36, and 60 HDT mg/kg/day with a 
    development toxicity NOAEL of 15 mg/kg/day and a maternal toxicity of 
    15 mg/kg/day based on the following: (i) Severe clinical signs and/or 
    mortality were observed at dose levels > 30 mg/kg/day; (ii) decreased 
    body weight, food consumption, and absorption/premature delivery in the 
    36 and 60 mg/kg/day dose groups which survived to the end of the 
    studies; (iii) fetal effects consisted of high number of dead fetuses 
    and several gross malformations (pseudo ancylosis, syndactylia, 
    micromelia, aplasia of the twelveth rib) at the HDT; and (iv) pseudo 
    ancylosis was also seen in 1 fetus from the 12 mg/kg/day dose group and 
    in 6 fetuses in the 36 mg/kg/day dose level, but this finding is known 
    to occur spontaneously in rabbits of this strain used and the 
    contractures usually normalize during early stages of life. Due to the 
    severe effect at the high dose level (HDL), these effects may be 
    considered to represent a specific teratogenic effect of the treatment.
        4. Chronic toxicity. Based on review of the available data, BASF 
    believes the Reference Dose (RfD) for fenpropimorph will be based on a 
    2-year feeding study in rats with a threshold NOAEL of 0.3 mg/kg/day. 
    Using an uncertainty factor of 100, the RfD is calculated to be 0.003 
    mg/kg/day. The following are summaries of the pertinent toxicity data 
    supporting fenpropimorph tolerances. Additionally, these are summaries 
    of EPA reviewed Phase III Toxicology Summaries prepared by BASF 
    Corporation for EPA.
        A 1 year feeding study in dogs fed dosages of 0, 0.8, 3.2, or 12.7 
    mg/kg/day with a NOAEL of 3.2 mg/kg/day based on the following effects: 
    (i) no changes in body weights nor food consumption for both the high 
    dose male and female dogs were observed at all tested dose levels as 
    compared to controls; (ii) blood biochemistry values were slightly 
    increased in high dose males (alkaline phosphatase) and females 
    (alanine aminotransferase); (iii) the cholininesterase from plasma, red 
    blood cells, and brain showed comparable activities in treated and 
    untreated dogs; and (iv) neither organ weight analyses nor macro- and 
    histopathological examinations demonstrated any treatment related 
    effects as compared to controls.
        A combined chronic feeding/oncogenicity study was performed in rats 
    being fed dosages of 0, 0.2, 0.3, 1.7 and 8.8 mg/kg/day (males) and 0, 
    0.2, 0.4, 2.1, and 11.2 mg/kg/day (females) with a NOAEL of 0.3 mg/kg/
    day (males) and 0.4 mg/kg/day (females) based on the following effects: 
    (i) decreased in body weights were observed in both males and female 
    rat at dose levels > 1.7 mg/kg/day with a very slight progression of 
    severity to the upper level; (ii) decreased food consumption in female 
    rats at the HDT; (iii) significantly lower activities of plasma 
    cholinesterase were noted in male and female rats in the HDT where as 
    no effect was found for red blood cell cholinesterase values; (iv) at 
    terminal sacrifice, reduced activities of brain cholinesterase were 
    detected in males, only, at the 1.7 and 8.8 mg/kg/day dose levels 
    groups tested; (v) increased liver weights for females at dose levels > 
    2.1 mg/kg/day and in males of the top dose group; (vi) microscopic 
    findings were observed in the liver of male and female rats in the 
    HDLs, only; and (vii) no increased incidence of neoplasms occurred at 
    any dose levels tested in this study.
        A carcinogenicity study in mice fed dosages of 0, 0.5, 3.0, 16, and 
    106 HDT mg/kg/day (males) and 0, 0.5, 3.5, 17, and 118 HDT mg/kg/day 
    (females) with a NOAEL of 3.0 and 3.5 mg/kg/day for male and female 
    mice, respectively, based on the following effects: (i) decreased body 
    weights and slight inferior food conversion ratio were observed in both 
    male and female mice at the HDT; (ii) decreased cholinesterase 
    activities were observed in red blood cells for female mice in the 17 
    and 118 mg/kg/day dose level tested at terminal sacrifice; (iii) at the 
    HDT increased liver weights were observed for female mice at terminal 
    sacrifice and in males at interim sacrifice after 52 weeks; and (iv) no 
    increased incidence of neoplasms occurred at any dose levels tested in 
    this study.
        5. Endocrine disruption. No specific tests have been performed with 
    fenpropimorph to determine whether the chemical may have an effect in 
    humans that is similar to an effect produced by naturally occurring 
    estrogen or other endocrine effects. However, there are significant 
    findings in other relevant toxicity studies, i.e. teratology and multi-
    generation reproductive studies, that would suggest fenpropimorph 
    produces endocrine related effects.
    
    C. Aggregate Exposure
    
        Based on the information above it is concluded that the RfD used to 
    assess safety to children should be 0.003 mg/kg/day dose level 
    established in the 2- year rat oral feeding study. Using the assumption 
    stated for the general population, BASF concluded that the most 
    sensitive child population group is that of children > 1 year. Using 
    the same RfD and the same conservative exposure assumptions employed in 
    the dietary risk analysis for the general population. It was calculated 
    that the exposure to this group to be approximately > 11% of the RfD 
    for all uses proposed in this document. Therefore, based on the 
    completeness and reliability of the
    
    [[Page 67479]]
    
    toxicity data, and the exposure assessment discussed above, BASF 
    concludes that there is a reasonable certainty that no harm will result 
    to infants and children from aggregate exposure to residues of 
    fenpropimorph, including all anticipated dietary exposure.
        1. Dietary exposure. For the purpose of assessing the potential 
    chronic dietary exposure, BASF has estimated aggregate exposure based 
    on Theoretical Maximum Residue Contribution (TMRC) from the tolerance 
    of fenpropimorph on bananas at 0.3 ppm the maximum residue found in 
    bananas. The TMRC is a ``worse case'' estimate of dietary exposure 
    since it is assumed that 100% of all crops for which the tolerances are 
    established are treated and that pesticide residues are always found at 
    tolerance levels. Based on the expected RfD of 0.003 mg/kg/day (from 
    the NOAEL determined in the 2-year feeding study in rats and a 100 fold 
    safety factor) and the tolerance level residue chronic dietary exposure 
    of the general population is less than 2.5% of the RfD. Therefore, 
    based on the completeness and reliability of the toxicity data, and the 
    exposure assessment discussed above, BASF concludes that there is a 
    reasonable certainty that no harm will result from aggregate exposure 
    to residues of fenpropimorph, including all anticipated dietary 
    exposure.
        2. Food. BASF has reviewed the available toxicology database to 
    determine the endpoints of concern. For Fenpropimorph BASF believes 
    there is no concern regarding an acute dietary risk since the available 
    data do not indicate any evidence of significant toxicity from a 1-day 
    or single, event exposure by the oral route.
        3. Drinking water/Non-dietary exposure. There are no other 
    potential sources (such as in drinking water and exposure from non-
    occupational sources) of exposure to fenpropimorph for the general 
    population to residues of fenpropimorph due to the fact the action 
    being requested is to establish an import tolerance, only.
        4. Threshold and non-threshold effects. The proposed RfD for 
    fenpropimorph is based on a 2-year feeding study in rats with a 
    threshold NOAEL of 0.3 mg/kg/day. Using an uncertainty factor of 100, 
    the RfD is calculated to be 0.003 mg/kg/day. Fenpropimorph is 
    considered not to be a carcinogenic material. Therefore, it should be 
    regulated by the traditional RfD approach to quantify human risk.
    
    D. Cumulative Effects
    
        BASF has considered the potential for cumulative effects of 
    fenpropimorph and other substances that have a common mechanism of 
    toxicity. BASF is not aware of any other active ingredients which is 
    structurally similar to fenpropimorph that are registered on bananas. 
    Therefore, BASF has considered only the potential risks of 
    fenpropimorph in its exposure assessment.
    
    E. Safety Determination
    
        1. U.S. population. Using the exposure assumptions described above, 
    based on the completeness and there liability of the toxicity data, 
    BASF has estimated that aggregate exposure to fenpropimorph will 
    utilize > 2.5% of the RfD for the U.S. population. EPA generally has no 
    concern for exposure below 100% of the RfD. Therefore, based on the 
    completeness and reliability of the toxicity data, and the exposure 
    assessment discussed above, BASF concludes that there is a reasonable 
    certainty that no harm will result from aggregate exposure to residues 
    of fenpropimorph, including all anticipated dietary exposure.
        2. Infants and children. The findings in the rat and rabbit are 
    most likely as a result of excessive maternal toxicity, treatment of 
    pregnant rats and rabbits with fenpropimorph induced embryotoxic 
    effects which manifested themselves in the form of early resorptions 
    and structural anomalies in the offspring. In both the rat and rabbit, 
    the dose-effect relationship was rather steep and showed clear 
    threshold levels. At dose levels below the threshold of maternal 
    toxicity, reproductive parameters as well as the offsprings remained 
    entirely unaffected. This data demonstrates that the rat and rabbit are 
    similarly sensitive to fenpropimorph. Additionally, the NOAEL of 0.3 
    mg/kg/day from the chronic rat study used to set the RfD is 33x to 50x 
    lower than the maternal NOAELs established in the rat and rabbit 
    teratology studies, respectively. The developmental effects observed in 
    either the rat or rabbit occurred only at maternally toxic doses. 
    Therefore, no additional safety factor is needed for children.
        A 2-generation reproduction study with rats fed dosages of 0, 
    0.625, 1.25, and 2.5 mg/kg/day (average mg/kg/day dose levels for both 
    male and female rats) with a reproductive NOAEL of 2.5 mg/kg/day and 
    with a parental NOAEL of 2.5 mg/kg/day based on: (i) no treatment-
    related clinical signs, significant body weight changes, parameters of 
    fertility and gestation, or macro-or histopathological changes were 
    observed for the parental F0 and F1 at all dose levels tested; and (ii) 
    in the F1 litters, a slight increased incidence of stillborn pups, 
    unfolding of the ear, and slight reduced body weight development during 
    lactation were observed in the 2.5 mg/kg/day doselevel group; (iii) in 
    the F2 litters, no treatment-related effects were observed at all dose 
    levels tested. As stated above, the NOAEL of 0.3 mg/kg/day from the 
    chronic rat study used to set the RfD is approximately 8x lower than 
    the maternal NOAEL established in the rat reproduction study. 
    Therefore, no additional safety factor is needed for children.
    
    F. International Tolerances
    
        A maximum residue level has not been established under Codex 
    Alimentarius Commission for fenpropimorph in any of the crops 
    petitioned: bananas.
    
    2. Rohm and Haas Company
    
    PP 1F3995, 1F3989 and 2F4154
    
        EPA has received data intended to satisfy the conditions which 
    caused time-limits to be placed on the tolerances proposed by the three 
    pesticide petitions PP 1F3995, 1F3989, and 2F4154 from Rohm and Haas 
    Company, 100 Independence Mall West, Philadelphia, PA 19106-2399, 
    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 extending 
    until December 31, 2001 the time-limited tolerances for residues of 
    fenbuconazole (alpha-(2-(4-chlorophenyl)-ethyl)-alpha-phenyl-3-(1H-
    1,2,4-triazole)-1-propanenitrile) in or on the raw agricultural 
    commodities bananas at 0.3 parts per million (ppm), banana pulp at 0.05 
    ppm, stone fruits (except plums and prunes) at 2.0 ppm, and pecans at 
    0.1 ppm. EPA has determined that the submissions concern the additional 
    data requirements as elements set forth in section 408(f)(1) of the 
    FFDCA; however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time.
        A summary of the data that support the tolerances, and of exposure 
    to and risks from the use of fenbuconazole, is printed below. This 
    summary of the petitions was prepared by the registrant and represents 
    the views of the registrant. EPA is publishing the petition summary 
    with only minor editing changes. The petition summary includes an 
    announcement of the availability of the analytical methods available to 
    EPA for the detection and
    
    [[Page 67480]]
    
    measurement of the pesticide chemical residues.
    
    A. Residue Chemistry
    
        The tolerance expression for fenbuconazole residues in or on 
    bananas, banana pulp, pecans, and stone fruit (except plums and prunes) 
    is the combined residues of fenbuconazole (alpha-(2-(4-chlorophenyl)-
    ethyl)-alpha-phenyl-3-(1H-1,2,4-triazole)-1-propanenitrile) and its 
    metabolites cis-5-(4-chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-
    triazole-1-ylmethyl)-2-3H-furanone and trans-5-(4-chlorophenyl)-
    dihydro-3-phenyl-3-(1H-1,2,4-triazole-1-ylmethyl)-2-3H-furanone. 
    Residues of these compounds are combined and expressed as parent 
    compound to determine the total residue in or on bananas, banana pulp, 
    pecans, and stone fruit (except plums and prunes). No changes in the 
    tolerances of fenbuconazole or in the tolerance expression (parent plus 
    lactone metabolites) for pecans, bananas, or stone fruit from that 
    indicated in 40 CFR 180.480 will be necessary for the tolerance 
    extensions. Current tolerances for fenbuconazole are 0.3 ppm for banana 
    whole fruit, 0.05 ppm for banana pulp, 0.1 ppm for pecans, and 2.0 ppm 
    for the stone fruit crop group (except plums and prunes). There is also 
    a current time-limited (Section 18) tolerance for fenbuconazole on 
    blueberries of 1.0 ppm.
        1. Analytical method. Fenbuconazole residues (parent plus lactones) 
    are measured in pecans, stone fruit, and bananas at an analytical 
    sensitivity of 0.01 milligrams/kilogram (mg/kg) by soxhlet extraction 
    of samples in methanol, partitioning into methylene chloride, 
    redissolving in toluene, clean up on silica gel, and gas liquid 
    chromatography using nitrogen specific thermionic detection.
        2. Magnitude of residues--i. Pecans. Four field trials were 
    conducted in pecans. Eight to ten applications were made at the maximum 
    use rate of 0.125 lb a.i./A, and nuts were harvested 28 days after the 
    last application. Field residue values in nutmeat for the four trials 
    were 0.004, 0.004, <0.01, and=""><0.01 ppm.="" ii.="" bananas.="" fourteen="" field="" trials="" were="" conducted="" on="" pulp="" from="" bagged="" bananas,="" and="" nine="" field="" trials="" were="" conducted="" on="" whole="" fruit="" from="" bagged="" bananas.="" bagged="" bananas="" are="" typically="" used="" in="" commerce.="" eight="" applications="" (5="" and="" 7="" applications="" in="" two="" trials)="" were="" made="" at="" the="" maximum="" use="" rate="" of="" 0.09="" lb="" a.i./a="" and="" bananas="" were="" harvested="" on="" the="" last="" day="" of="" application.="" the="" highest="" field="" residue="" values="" were="" 0.019="" ppm="" in="" pulp="" and="" 0.0589="" ppm="" in="" whole="" fruit.="" the="" average="" field="" residue="" values="" were="" 0.004="" ppm="" in="" pulp="" and="" 0.010="" ppm="" in="" whole="" fruit.="" iii.="" stone="" fruit--a.="" peaches.="" ten="" field="" trials="" were="" conducted="" on="" peaches.="" seven="" to="" ten="" applications="" were="" made="" at="" the="" maximum="" use="" rate="" of="" 0.1="" lb="" a.i./a="" and="" fruit="" were="" harvested="" on="" the="" last="" day="" of="" application.="" the="" highest="" field="" residue="" value="" was="" 0.5096="" ppm,="" and="" the="" average="" field="" residue="" value="" was="" 0.351="" ppm.="" b.="" cherries.="" eleven="" field="" trials="" were="" conducted="" on="" cherries.="" five="" to="" six="" applications="" were="" made="" at="" the="" maximum="" use="" rate="" of="" 0.1="" lb="" a.i./a="" and="" fruit="" were="" harvested="" on="" the="" last="" day="" of="" application.="" the="" highest="" field="" residue="" value="" was="" 0.641="" ppm,="" and="" the="" average="" field="" residue="" value="" was="" 0.434="" ppm.="" c.="" apricots.="" two="" field="" trials="" were="" conducted="" on="" apricots.="" six="" applications="" were="" made="" at="" the="" maximum="" use="" rate="" of="" 0.125="" lb="" a.i./a="" and="" fruit="" was="" harvested="" on="" the="" last="" day="" of="" application.="" the="" field="" residue="" values="" in="" four="" samples="" measured="" were="" 0.168,="" 0.226,="" 0.268,="" and="" 0.279="" ppm.="" b.="" toxicological="" profile="" the="" toxicology="" of="" fenbuconazole="" is="" summarized="" in="" the="" following="" sections.="" there="" is="" no="" evidence="" to="" suggest="" that="" human="" infants="" and="" children="" will="" be="" more="" sensitive="" than="" adults,="" that="" fenbuconazole="" will="" modulate="" human="" endocrine="" systems="" at="" anticipated="" dietary="" exposures,="" or="" cause="" cancer="" in="" humans="" at="" the="" dietary="" exposures="" anticipated="" for="" this="" fungicide.="" while="" the="" biochemical="" target="" for="" the="" fungicidal="" activity="" of="" members="" of="" the="" dmi="" class="" is="" shared,="" it="" cannot="" be="" concluded="" that="" the="" mode="" of="" action="" of="" fenbuconazole="" which="" produces="" phytotoxic="" effects="" in="" plants="" or="" toxic="" effects="" in="" animals="" is="" also="" common="" to="" a="" single="" class="" of="" chemicals.="" 1.="" acute="" toxicity.="" fenbuconazole="" is="" practically="" nontoxic="" after="" administration="" by="" the="" oral,="" dermal="" andrespiratory="" routes.="" the="" acute="" oral="">50 in mice and rats is >2,000 mg/kg. The acute dermal 
    LD50 in rats is >5,000 mg/kg. Fenbuconazole was not 
    significantly toxic to rats after a 4 hour inhalation exposure, with an 
    LD50 value of > 2.1 mg/L. Fenbuconazole is classified as not 
    irritating to skin (Draize score = 0), in consequentially irritating to 
    the eyes (mean irritation score= 0), and it is not a sensitizer. No 
    evidence exists regarding differential sensitivity of children and 
    adults to acute exposure.
        2. Genotoxicity. Fenbuconazole has been adequately tested in a 
    variety of in vitro and in vivo mutagenicity tests. It is negative in 
    the Ames test, negative in in vitro and in vivo somatic and germcell 
    tests, and did not induce unscheduled in DNA synthesis (UDS). 
    Fenbuconazole is not genotoxic.
        3. Reproductive and developmental toxicity. These conclusions were 
    extracted from 60 FR 27419, May 24, 1995. Fenbuconazole is not 
    teratogenic. The maternal no observed adverse effect level (NOAEL) in 
    rabbits was 10 mg/kg/day and 30 mg/kg/day in rats. The fetal NOAEL was 
    30 mg/kg/day in both species. The parental NOAEL was 4.0 mg/kg/day (80 
    ppm) in a 2-generation reproduction study in rats. The reproductive 
    NOAEL in this study was greater than 40.0 mg/kg/day (800 ppm; highest 
    dose tested (HDT)). Fenbuconazole had no effect on male reproductive 
    organs or reproductive performance at any dose. The adult lowest 
    observed adverse effect level (LOAEL) was 40.0 mg/kg/day (800 ppm; 
    HDT). Systemic effects of decreased body weight gain; maternal deaths; 
    and hepatocellular, adrenal, and thyroid follicular cell hypertrophy 
    were observed. No effects on neonatal survival or growth occurred below 
    the adult toxic levels. Fenbuconazole does not produce birth defects 
    and is not toxic to the developing fetus at doses below those which are 
    toxic to the mother.
        4. Subchronic toxicity. In a 21 day dermal toxicity study in the 
    rat, the NOAEL was greater than 1,000 mg/kg/day, with no effects seen 
    at this limit dose.
        5. Chronic toxicity. In 2 year combined chronic toxicity/ 
    oncogenicity studies in rats, the NOAEL was 80 ppm (3.03 mg/kg/day for 
    males and 4.02 mg/kg/day for females) based on decreased body weight, 
    and liver and thyroid hypertrophy. In a 1 year chronic toxicity study 
    in dogs, the NOAEL was 150 ppm (3.75 mg/kg/day) based on decreased body 
    weight, and increased liver weight. The LOAEL was 1,200 ppm (30 mg/kg/
    day). In a 78 week oncogenicity study in mice, the NOAEL was 10 ppm 
    (1.43 mg/kg/day). The LOAEL was 200 ppm (26.3 mg/kg/day, males) and 650 
    ppm (104.6mg/kg/day, females) based on increased liver weights and 
    histopathological effects on the liver. These effects were consistent 
    with chronic enzyme induction from high dose dietary exposure.
        A Reference Dose (RfD) for systemic effects at 0.03 mg/kg/day was 
    established by EPA in 1995 based on the NOAEL of 3.0 mg/kg/day from the 
    rat chronic study. This RfD adequately protects both adults and 
    children.
        Twenty-four month rat chronic feeding/carcinogenicity studies with 
    fenbuconazole showed effects at 800 and 1,600 ppm. Fenbuconazole 
    produced a minimal, but statistically
    
    [[Page 67481]]
    
    significant increase in the incidence of combined thyroid follicular 
    cell benign and malignant tumors. These findings occurred only in male 
    rats following life-time ingestion of very high levels (800 and 1,600 
    ppm in the diet) fenbuconazole. Ancillary mode-of-action studies 
    demonstrated that the increased incidence of thyroid tumors was 
    secondary to increased liver metabolism and biliary excretion of 
    thyroid hormone in the rat. This mode of action is a nonlinear 
    phenomenon in that thyroid tumors occur only at high doses where there 
    is an increase in liver mass and metabolic capacity of the liver. At 
    lower doses of fenbuconazole in rats, the liver is unaffected and there 
    is no occurrence of the secondary thyroid tumors. Worst-case estimates 
    of dietary intake of fenbuconazole in human adults and children 
    indicate effects on the liver or thyroid, including thyroid tumors, 
    will not occur, and there is a reasonable certainty of no harm.
        In support of the findings above, EPA's Science Advisory Board has 
    approved a final thyroid tumor policy, confirming that it is reasonable 
    to regulate chemicals on the basis that there exists a threshold level 
    for thyroid tumor formation, conditional upon providing plausible 
    evidence that a secondary mode of action is operative. This decision 
    supports a widely-held and internationally respected scientific 
    position.
        In a 78 week oncogenicity study in mice there was no statistically 
    significant increase of any tumor type in males. There were no liver 
    tumors in the control females and liver tumor incidences in treated 
    females just exceeded the historical control range. However, there was 
    a statistically significant increase in combined liver adenomas and 
    carcinomas in females at the high dose only (1,300 ppm; 208.8 mg/kg/
    day). In ancillary mode-of-action studies in female mice, the increased 
    tumor incidence was associated with changes in several parameters in 
    mouse liver following high doses of fenbuconazole including: an 
    increase in P450 enzymes (predominately of the CYP 2B type), an 
    increase in cell proliferation, an increase in hepatocyte hypertrophy, 
    and an increase in liver mass (or weight). Changes in these liver 
    parameters as well as the occurrence of the low incidence of liver 
    tumors were nonlinear with respect to dose (i.e., were observed only at 
    high dietary doses of fenbuconazole). Similar findings have been shown 
    with several pharmaceuticals, including phenobarbital, which is not 
    carcinogenic in man. The nonlinear relationship observed with respect 
    to liver changes (including the low incidence of tumors) and dose in 
    the mouse indicates that these findings should be carefully considered 
    in deciding the relevance of high-dose animal tumors to human dietary 
    exposure.
        The Carcinogenicity Peer Review Committee (PRC) of the Health 
    Effects Division (HED) classified fenbuconazole as a Group C tumorigen 
    (possible human carcinogen with limited evidence of carcinogenicity in 
    animals). The PRC used a low-dose extrapolation model. The 
    Q1* risk factor applied (1.06 x 10-2 (mg/kg/
    day)-1) was based on the rat oncogenicity study and surface 
    area was estimated by (body weight)3/4.
        Since the PRC published the above estimate they have agreed that 
    low-dose extrapolation for fenbuconazole, based on rat thyroid tumors, 
    is inappropriate given the EPA's policy regarding thyroid tumors and 
    the data which exist for fenbuconazole. The PRC agrees that the more 
    appropriate data set for the low-dose extrapolation and risk factor 
    estimate is the mouse. From these data a Q1* of (0.36 x 
    10-2(mg/kg/day)-1) is calculated when surface 
    area is estimated by (bodyweight)3/4. All estimates of 
    dietary oncogenic risk are based on this risk factor.
        Since fenbuconazole will not leach into groundwater (see below) 
    there is no increased cancer risk from this source. Neither is 
    fenbuconazole registered for residential use, so there is no risk from 
    non-occupational residential exposure either. All estimates of excess 
    risk to cancer are from dietary sources.
        6. Endocrine disruption. The mammalian endocrine system includes 
    estrogen and androgens as well as several other hormone systems. 
    Fenbuconazole does not interfere with the reproductive hormones. Thus, 
    fenbuconazole is not estrogenic or androgenic.
        While fenbuconazole interferes with thyroid hormones in rats by 
    increasing thyroid hormone excretion, it does so only secondarily and 
    only above those dietary levels which induce metabolism in the liver. 
    These effects are reversible in rats, and humans are far less sensitive 
    to these effects than rats. The RfD protects against liver induction 
    because it is substantially below the animal NOAEL. As noted 
    previously, maximal human exposures are far below the RfD level, and 
    effects on human thyroid will not occur at anticipated dietary levels.
        We know of no instances of proven or alleged adverse reproductive 
    or developmental effects to domestic animals or wildlife as a result of 
    exposure to fenbuconazole or its residues. In fact, no effects should 
    be seen because fenbuconazole has low octanol/water partition 
    coefficients and is known not to bioaccumulate. Fenbuconazole is 
    excreted within 48 hours after dosing in mammalian studies.
    
    C. Aggregate Exposure and Risk
    
        1. Dietary exposure--Chronic exposure and risk. Risk associated 
    with chronic dietary exposure from fenbuconazole was assessed on two 
    level using two dietary exposure models. In the first assessment, 
    tolerance level residues were assumed and in the second assessment 
    average field trial residues were used. Both assessments assumed 100% 
    of crop treated, except for stone fruit in which 12.8% of crop treated 
    was assumed 63 FR 31636, June 10, 1998, (FRL 5791-9). Residues in pulp 
    from bagged bananas were used in the assessments, since only bagged 
    bananas are used in commerce. The Anticipated Residue Contribution 
    (ARC) from all existing food uses of fenbuconazole was assessed; these 
    foods included stone fruit (except plums, and prunes), bananas, pecans, 
    and blueberries).
        The RfD used for the chronic dietary analysis is 0.03 mg/kg/day. 
    Potential chronic exposures were estimated using NOVIGEN's Dietary 
    Exposure Evaluation Model (DEEM Version 5.31), which uses USDA food 
    consumption data from the 1989-1992 survey, and the EPA's Dietary Risk 
    Evaluation System (DRES), which uses USDA food consumption data from 
    1977-1978. The existing fenbuconazole tolerances and average 
    fenbuconazole residues result in ARCs that are equivalent to the 
    following percentages of the RfD.:
    
     
    ----------------------------------------------------------------------------------------------------------------
           Population Subgroup           DEEM\1\ %RfD        DEEM\2\ %RfD        DRES\1\ %RfD        DRES\2\ %RfD
    ----------------------------------------------------------------------------------------------------------------
    U. S. Population (48 States)....  0.2%                <0.01% 0.31%="" 0.06%="" nursing="" infants=""><1 year="" old)...="" 0.4%="" 0.1%="" 1.47%="" 0.27%="" non-nursing="" infants=""><1year old)="" 1.3%="" 0.2%="" 2.46%="" 0.45%="" [[page="" 67482]]="" children="" (1-6="" years="" old)........="" 0.5%="" 0.1%="" 0.74%="" 0.14%="" children="" (7-12="" years="" old).......="" 0.3%=""><0.01% 0.44%="" 0.08%="" females="" (13+/nursing)...........="" 0.3%=""><0.01% 0.28%="" 0.05%="" ----------------------------------------------------------------------------------------------------------------="" \1\="" assumes="" residues="" are="" present="" at="" tolerance="" levels="" and="" 100%="" of="" crop="" treated="" except="" stone="" fruit="" (12.8%="" of="" crop="" treated).="" \2\="" assumes="" residues="" are="" present="" at="" their="" average="" field="" residue="" levels="" and="" 100%="" of="" crop="" treated="" except="" stone="" fruit="" (12.8%="" of="" crop="" treated).="" d.="" aggregate="" cancer="" risk="" for="" u.s.="" population="" fenbuconazole="" has="" been="" classified="" as="" a="" group="" c="" carcinogen="" with="" a="">* value of 0.00359 mg/kg/day-1. Assuming 
    fenbuconazole residues are present at tolerance levels and assuming 
    100% crop treated, except stone fruit (12.8% of crop treated assumed), 
    give a cancer risk assessment for existing food uses for the U.S. 
    population of 3.31 x 10-7 for the DRES and DEEM analyses, 
    respectively. Assuming fenbuconazole residues are present at average 
    field residue levels and assuming 100% of crop treated, except stone 
    fruit (12.8% of crop treated assumed), gives a cancer risk assessment 
    for existing food uses for the U.S. population of 6.34 x 
    10-8 and 4.94 x 10-8 for the DRES and DEEM 
    analyses, respectively.
        The individual crop cancer risk assessments for bananas, stone 
    fruit, pecans, and blueberries were 4.11 x 10-8, 2.78 x 
    10-7, 1.73 x 10-9, and 9.74 x 10-9, 
    respectively (DRES analysis), and were 5.11 x 10-8, 1.67 x 
    10-7, 7.37 x 10-10, and 1.38 x 10-8, 
    respectively (DEEM analysis).
        1. Drinking water. Fenbuconazole has minimal tendency to 
    contaminate groundwater or drinking water because of its adsorptive 
    properties on soil, solubility in water, and degradation rate. Data 
    from laboratory studies and field dissipation studies have been used in 
    the USDA PRZM/GLEAMS computer model to predict the movement of 
    fenbuconazole. The model predicts that fenbuconazole will not leach 
    into groundwater, even if heavy rainfall is simulated. The modeling 
    predictions are consistent with the data from environmental studies in 
    the laboratory and the results of actual field dissipation studies. 
    There are no data on passage of fenbuconazole through water treatment 
    facilities and there are no State water monitoring programs which 
    target fenbuconazole.
        2. Non-dietary exposure. Fenbuconazole has no veterinary 
    applications and is not approved for use in swimming pools. It is not 
    labeled for application to residential lawns or for use on ornamentals, 
    nor is fenbuconazole applied to golf courses or other recreational 
    areas. Therefore, there are no data to suggest that these exposures 
    could occur. Any acute exposures to children would come from dietary 
    exposure or inadvertent dermal contact . As previously discussed, 
    fenbuconazole is neither orally or dermally acutely toxic. Thus, there 
    is a reasonable certainty that no exposure would occur to adults, 
    infants or children from these sources.
    
    E. Cumulative Effects
    
        The toxicological effects of fenbuconazole are related to its 
    effects on rodent liver. These are manifested in rats and mice 
    differently. Fenbuconazole causes liver toxicity in rats and mice in 
    the form of hepatocyte enlargement and enzyme induction. In rats the 
    liver enzyme induction causes increased biliary removal of thyroxin and 
    the hepatotoxicity leads to elevated thyroid stimulating hormone levels 
    with subsequent development of thyroid gland hyperplasia and tumors. 
    This process is reversible and demonstrates a dose level below which no 
    thyroid gland stimulation can be demonstrated in rats. Liver toxicity 
    in the mouse is manifest by hepatocyte enlargement, enzyme induction, 
    and hepatocellular hyperplasia (cell proliferation). These processes 
    are associated with the appearance of a small number of liver tumors. 
    In both cases, rats and mice, the initiating event(s) do not occur 
    below a given dose, i.e., the effects are nonlinear, and the processes 
    are reversible. Therefore, since the tumors do not occur at doses below 
    which hepatocyte enlargement and enzyme induction occur, the RfD 
    protects against tumors because it is substantially below the NOAEL for 
    liver effects and maximal human exposures are below the RfD. Effects on 
    human thyroid will not occur at anticipated dietary levels. The mode of 
    action data should be carefully considered in deciding the relevance of 
    these high-dose animal tumors to human dietary exposure.
        Extensive data are available on the biochemical mode of action by 
    which fenbuconazole produces animal tumors in both rats and mice. 
    However, there are no data which suggest that the mode of action by 
    which fenbuconazole produces these animal tumors or any other 
    toxicological effect is common to all fungicides of this class. In 
    fact, the closest structural analog to fenbuconazole among registered 
    fungicides of this class is not tumorigenic in animals even at 
    maximally tolerated doses and has a different spectrum of toxicological 
    effects.
    
    F. Safety Determination.
    
        1. All crops (current food uses). The exposure to fenbuconazole 
    from all current food uses will utilize 1.3% (non-nursing infants < 1="" year="" old)="" and="" 0.4%="" (nursing="" infants="">< 1="" year="" old)="" of="" the="" rfd="" (deem="" analysis),="" and="" will="" utilize="" 2.46%="" (non-nursing="" infants="">< 1="" year="" old)="" and="" 1.47%="" (nursing="" infants="">< 1="" year="" old)="" of="" the="" rfd="" (dres="" analysis),="" assuming="" residues="" are="" present="" at="" tolerance="" levels="" and="" assuming="" 100%="" of="" crop="" treated,="" except="" stone="" fruit="" (12.8%="" of="" crop="" treated="" assumed).="" the="" percent="" of="" the="" rfd="" that="" will="" be="" utilized="" by="" children="" 1-6="" years="" old="" and="" 7-12="" years="" old="" is="" 0.5="" and="" 0.3%,="" respectively="" (deem="" analysis),="" and="" 0.74="" and="" 0.44%,="" respectively="" (dres="" analysis),="" assuming="" residues="" are="" present="" at="" tolerance="" levels="" and="" assuming="" 100%="" crop="" treated,="" except="" stone="" fruit.="" 2.="" stone="" fruit="" (except="" plums="" and="" prunes).="" the="" exposure="" to="" fenbuconazole="" from="" stone="" fruit="" (excluding="" plums="" and="" prunes)="" will="" utilize="" 1.1%="" of="" the="" rfd="" for="" non-nursing="" infants="">< 1="" year="" old,="" 0.3%="" of="" the="" rfd="" for="" nursing="" infants="">< 1="" year="" old,="" 0.4%="" of="" the="" rfd="" for="" children="" 1-6="" years="" old,="" and="" 0.2%="" of="" the="" rfd="" for="" children="" 7-12="" years="" old="" (deem="" analysis)="" assuming="" residues="" are="" present="" at="" tolerance="" levels="" and="" assuming="" 100%="" of="" crop="" treated,="" except="" stone="" fruit="" (12.8%="" of="" crop="" treated="" assumed).="" 3.="" bananas.="" the="" exposure="" to="" fenbuconazole="" from="" bananas="" will="" utilize="" 0.2%="" of="" the="" rfd="" for="" non-nursing="" infants="">< 1="" year="" old,="" 0.1%="" of="" the="" rfd="" for="" nursing="" infants="">< 1="" year="" old,="" 0.1%="" of="" the="" rfd="" for="" children="" 1-6="" years="" old,="" and="" 0.1%="" of="" the="" rfd="" for="" children="" 7-12="" years="" old="" (deem="" analysis)="" assuming="" residues="" are="" present="" at="" tolerance="" levels="" and="" assuming="" 100%="" of="" crop="" treated,="" except="" stone="" fruit="" (12.8%="" of="" crop="" treated="" assumed).="" 4.="" pecans.="" the="" exposure="" to="" fenbuconazole="" from="" pecans="" will="" utilize="" [[page="" 67483]]=""><0.01% of="" the="" rfd="" for="" each="" of="" the="" population="" subgroups:="" non-nursing="" infants="">< 1="" year="" old,="" nursing="" infants="">< 1="" year="" old,="" children="" 1-6="" years="" old,="" and="" children="" 7-12="" years="" old="" (deem="" analysis)="" assuming="" residues="" are="" present="" at="" tolerance="" levels="" and="" assuming="" 100%="" of="" crop="" treated,="" except="" stone="" fruit="" (12.8%="" of="" crop="" treated="" assumed).="" 5.="" blueberries.="" the="" exposure="" to="" fenbuconazole="" from="" blueberries,="" will="" utilize="">< 0.01%="" of="" the="" rfd="" for="" each="" of="" the="" population="" subgroups,="" non-nursing="" infants="">< 1="" year="" old,="" nursing="" infants="">< 1="" year="" old,="" children="" 1-6="" years="" old,="" and="" children="" 7-12="" years="" old="" (deem="" analysis)="" assuming="" residues="" are="" present="" at="" tolerance="" levels="" and="" assuming="" 100%="" of="" crop="" treated,="" except="" stone="" fruit="" (12.8%="" of="" crop="" treated="" assumed).="" section="" 408="" of="" the="" ffdca="" provides="" that="" epa="" shall="" apply="" an="" additional="" tenfold="" margin="" of="" safety="" for="" infants="" and="" children="" in="" the="" case="" of="" threshold="" effects="" to="" account="" for="" pre-="" and="" post-natal="" toxicity="" and="" the="" completeness="" of="" the="" database="" unless="" epa="" determines="" that="" a="" different="" margin="" of="" safety="" will="" be="" safe="" for="" infants="" and="" children.="" margins="" of="" safety="" are="" incorporated="" into="" epa="" risk="" assessments="" either="" directly="" through="" use="" of="" a="" margin="" of="" exposure="" (moe)="" analysis="" or="" through="" using="" uncertainty="" (safety)="" factors="" in="" calculating="" a="" dose="" level="" that="" poses="" no="" appreciable="" risk="" to="" humans.="" in="" either="" case,="" epa="" generally="" defines="" the="" level="" of="" appreciable="" risk="" as="" exposure="" that="" is="" greater="" than="" 1/100="" of="" the="" noael="" in="" the="" animal="" study="" appropriate="" to="" the="" particular="" risk="" assessment.="" this="" hundredfold="" uncertainty="" (safety)="" factor/moe="" exposure="" (safety)="" is="" designed="" to="" account="" for="" combined="" inter-="" and="" intra-="" species="" variability.="" epa="" believes="" that="" reliable="" data="" support="" using="" the="" standard="" hundredfold="" margin/factor="" but="" not="" the="" additional="" tenfold="" margin/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="" margin/factor.="" the="" agency="" fqpa="" safety="" factor="" committee="" removed="" the="" additional="" 10x="" safety="" factor="" to="" account="" for="" sensitivity="" of="" infants="" and="" children.="" rohm="" and="" haas="" company="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" exposure="" to="" fenbuconazole="" residues="" to="" the="" u.s.="" population="" or="" to="" infants="" and="" children.="" g.="" international="" tolerances="" there="" are="" no="" codex="" maximum="" residue="" limits="" (mrls)="" for="" fenbuconazole,="" but="" the="" fenbuconazole="" database="" was="" evaluated="" by="" the="" who="" and="" fao="" expert="" panels="" at="" the="" joint="" meeting="" on="" pesticide="" residues="" (jmpr)="" in="" september,="" 1997.="" an="" adi="" (rfd)="" of="" 0.03="" mg/kg/day="" was="" proposed="" and="" accepted="" (pesticide="" residues="" in="" food--who/fao="" report="" 1997;="" no.="" 145),="" and="" a="" total="" of="" 36="" codex="" mrls,="" including="" mrls="" for="" pecans,="" stone="" fruit,="" and="" bananas,="" have="" been="" submitted="" for="" review.="" [fr="" doc.="" 98-32426="" filed="" 12-4-98;="" 8:45="" am]="" billing="" code="" 6560-50-f="">

Document Information

Published:
12/07/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-32426
Dates:
Comments, identified by the docket control number PF-848, must be received on or before January 6, 1999.
Pages:
67476-67483 (8 pages)
Docket Numbers:
PF-848, FRL-6047-2
PDF File:
98-32426.pdf