[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Rules and Regulations]
[Pages 11029-11032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5019]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP1F3989, 1F3995/R2109; FRL-4938-3]
RIN 2070-AB78
Pesticide Tolerances for Fenbuconazole
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes time-limited tolerances for
combined residues of the fungicide 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, expressed as fenbuconazole, in or on the raw agricultural
commodities pecans at 0.1 part per million (ppm) and stone fruit crop
group (except plums and prunes) at 2.0 ppm. Rohm & Haas Co. submitted
petitions requesting this regulation to establish maximum permissible
levels for residues of the fungicide.
EFFECTIVE DATE: This regulation becomes effective on March 1, 1995.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 1F3989, 1F3995/R2109], may be submitted
to: Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708,
401 M St., SW., Washington, DC 20460. A copy of any objections and
hearing request filed with the Hearing Clerk should be identified by
the document control number and submitted to: Public Response and
Program Resources Branch Field Operations Division (7505C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington DC 20450. In person, bring copy of objections and hearing
request to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA
22202. Fees accompanying objections shall be labeled ``Tolerance
Petition Fees'' and forwarded to: EPA Headquarters Accounting
Operations [[Page 11030]] Branch, OPP (Tolerance Fees), P.O. Box
360277M, Pittsburgh, PA 15251.
FOR FURTHER INFORMATION CONTACT: By mail: Cynthia Giles-Parker, Product
Manager (PM) 22, Registration Division, Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460. Office location and
telephone number: Rm. 229, CM #2, 1921 Jefferson Davis Hwy., Arlington,
VA 22202, (703)- 305-5540.
SUPPLEMENTARY INFORMATION: EPA issued a notice, published in the
Federal Register of December 13, 1991 (56 FR 65080), which announced
that Rohm and Haas, Agricultural Chemicals, Independence Mall West,
Philadelphia, PA 19105, had submitted pesticide petition (PP) 1F3989 to
EPA requesting that the Administrator, pursuant to section 408(d) of
the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d),
amend 40 CFR part 180 by establishing a regulation to permit residues
of fenbuconazole (alpha-(2-(4-chlorophenyl)-ethyl)-alpha-phenyl-3-(1H-
1,2,4-triazole)-1-propanenitrile) in or on stone fruit crop group and
dried prunes at 2.0 ppm. In the Federal Register of March 2, 1994 (59
FR 9985), EPA announced that Rohm and Haas had amended the petition to
propose amending 40 CFR part 180 to establish a tolerance of 2.0 ppm in
or on stone fruit crop group for 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.
EPA issued a notice, published in the Federal Register of December
13, 1991 (56 FR 65081), which announced that Rohm and Haas had filed
pesticide petition (PP) 1F3995 to EPA requesting that the
Administrator, pursuant to section 408(d) of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), amend 40 CFR part 180 by
establishing a regulation to permit residues of fenbuconazole (alpha-
(2-(4-chlorophenyl)-ethyl)-alpha-phenyl-3-(1-H-1,2,4-triazole)-1-
propanenitrile) in or on pecans at 0.1 ppm. In the Federal Register of
March 2, 1994 (59 FR 9985), EPA announced that Rohm and Haas had
amended the petition to propose amending 40 CFR part 180 to establish a
tolerance of 0.1 ppm in or on pecans for 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, and alpha-[2-[4-chlorophenyl)-2-oxoethyl]-alpha-phenyl-1H-
1,2,4-triazole-1-propanenitrile. Rohm and Haas subsequently amended the
petition to limit the stone fruit tolerances to stone fruit crop group
(except plums and prunes). The Agency is editorially correcting the
tolerance expression to read: combined residues of the fungicide,
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, expressed as fenbuconazole, in or on
the raw agricultural commodities pecans at 0.1 part per million (ppm)
and stone fruit crop group (except plums and prunes) at 2.0 ppm.
There were no comments or requests for referral to an advisory
committee received in response to these notices of filing.
The scientific data submitted in the petitions and all other
relevant material have been evaluated. The toxicology data considered
in support of the tolerances include:
1. A rat acute oral study with an LD50 greater than 2 grams
(g)/kilogram (kg).
2. A 13-week rat feeding study with a no-observed-effect-level
(NOEL) of 20 ppm (1.3 milligrams(mg)/kg/day males and 1.5 mg/kg/day
females) and a lowest-observed-effect-level (LOEL) of 80 ppm (5.1 mg/
kg/day males and 6.3 mg/kg/day females), based on hepatotoxicity.
3. A 3-month mouse feeding study with a NOEL of 20 ppm (3.8 mg/kg/
day males and 5.7 mg/kg/day females) and a LOEL of 60 ppm (11.1 mg/kg/
day males and 17.6 mg/kg/day females) based on hepatotoxicity.
4. A 3-month dog feeding study with a NOEL of 100 ppm (3.3 mg/kg/
day males and 3.5 mg/kg/day females) and LOEL of 400 ppm (13.3 mg/kg/
day males and 14.0 mg/kg/day females), based on hepatocellular
hypertrophy.
5. A 21-day rabbit dermal study with a NOEL greater than 1,000 mg/
kg/day (limit dose).
6. A 78-week dietary carcinogenicity study in mice with a NOEL of
1.43 mg/kg/day and a LOEL of 28.6 mg/kg/day (males) and 92.9 mg/kg/day
(females) based on hepatocellular enlargement and a greater incidence
and severity of hepatocellular vacuolation. There was evidence of
carcinogenicity based on the occurrence of increased trend for
malignant liver tumors in males and an increase in benign and malignant
liver tumors in females. The carcinogenic effects observed are
discussed below.
7. A 24-month rat chronic feeding/carcinogenicity study with a NOEL
of 40 ppm (3.03 mg/kg/day for females and 4.02 mg/kg/day for males) for
systemic effects and a LEL of 800 ppm (30.62 mg/kg/day for males and
43.07 mg/kg/day for females) based on decreases in body weight gains
and hepatocellular enlargement and vacuolization in females, and
thyroid weight and histopathological changes in both sexes. There was
evidence of carcinogenicity based on the increased occurrence of
thyroid follicular cell benign and malignant tumors in males. The
carcinogenic effects observed are discussed below.
8. A 24-month male rat chronic feeding/carcinogenicity study with a
NOEL of 800 ppm (30.41 mg/kg/day) and a LEL of 1,600 ppm (63.94 mg/kg/
day) based on increased liver and thyroid weights and lesions. There
was evidence of carcinogenicity based on the increased occurrence of
thyroid follicular cell benign and malignant tumors. The carcinogenic
effects observed are discussed below.
9. A 1-year dog chronic feeding study with a NOEL of 150 ppm (3.75
mg/kg/day) and the LOEL, based on decreases in body weight gain and
increased liver weight, of 1,200 ppm (30 mg/kg/day).
10. A two generation reproduction study in rats with a parental and
reproductive NOEL of 4 mg/kg/day (80 ppm) and a LOEL of 40 mg/kg/day
(800 ppm), based on decreased body weight and food consumption,
increased number of dams not delivering viable or delivering nonviable
offspring, and increases in adrenal and thyroid/parathyroid weights.
11. A developmental toxicity study in rabbits with a maternal NOEL
of 10 mg/kg/day, and a developmental NOEL of 30 mg/kg/day, and a
maternal LOEL of 60 mg/kg/day due to only 1/19 (5%) of the pregnant
does producing a viable fetus and no developmental LOEL (greater than
30 mg/kg/day).
12. A developmental toxicity study in rats with a maternal NOEL and
developmental NOEL of 30 mg/kg/day and an LEL of 75 mg/kg/day due to
decrease in maternal body weight compared to controls and increase in
early and late resorption with a decrease in number of live fetuses per
dam.
13. No evidence of gene mutation was observed in a test for
induction of gene mutation at the HGPRT locus in Chinese hamster ovary
cells. No increase in the number of cells with aberrations or
observations per cell were noted in an [[Page 11031]] in vivo
cytogenetics assay using bone marrow from treated rats. No increase in
unscheduled DNA synthesis in rat primary hepatocyte study was observed.
14. A rat metabolism study showed that radiolabeled fenbuconazole
is rapidly absorbed, distributed, and excreted following oral
administration in rats. Biliary excretion data indicated that systemic
absorption of fenbuconazole was high for all dosing groups. The feces
was the major route of excretion. Tissue distribution and
bioaccumulation of fenbuconazole appeared to be minimal.
The Health Effects Division Carcinogenicity Peer Review Committee
has concluded that the available data provide limited evidence of the
carcinogenicity of fenbuconazole in mice and rats and has classified
fenbuconazole as a Group C (possible human carcinogen with limited
evidence of carcinogenicity in animals) in accordance with Agency
guidelines, published in the Federal Register in 1986 (51 FR 33992,
Sept. 24, 1986) and recommended that for the purpose of risk
characterization a low-dose extrapolation model applied to the
experimental animal tumor data should be used for quantification for
human risk (Q1*). This decision was based on the induction of
thyroid follicular cell adenomas and/or combined adenomas-carcinomas in
male rats in two studies, both by pair-wise comparison with controls
and by trend analysis. The studies were combined for the purpose of
deriving the Q1*. The Q1* for fenbuconazole is 1.65 X
10-2 (mg/kg/day)-1 in human equivalents.
Based on assumptions that 100 percent of the pecan crop is treated
and that residues are at the tolerance level, the upper-bound limit of
the dietary carcinogenic risk for pecans is calculated in the range of
1 incidence in 100 million (9.0 X 10-9). Based on assumption that
stone fruit residues (except plums and prunes) are at the tolerance
level and the limitation of production of the only fenbuconazole
product registered under the Federal Insecticide Fungicide and
Rodenticide Act (FIFRA) for use on stone fruit to 28,500 pounds of
active ingredient per year (calculated to be equivalent to treating
12.8% of the total U.S acreage of apricots, cherries, nectarines, and
peaches per year), the upper-bound limit of the dietary carcinogenic
risk for stone fruit group except plums and prunes is calculated in the
range of 1 incidence in 1 million (1 X 10-6).
Processing studies for pecans and stone fruit other than plums and
prunes are not required. Therefore, food/feed additive tolerances are
not needed in conjunction with these uses.
Using the NOEL of 3.0 mg/kg/day from the most sensitive species in
the rat chronic feeding study with a 100-fold safety factor, the
Reference Dose (RfD) for systemic effects is 0.03 mg/kg/day. The
theoretical maximum residue contribution (TMRC) from the proposed
tolerances is 0.000604 mg/kg/day and utilizes 2 percent of the RfD for
the overall U. S. population. For exposure of the most highly exposed
subgroups in the population, nonnursing infants (less than 1 year old),
the TMRC is 0.00516 mg/kg/day and utilizes 17 percent of the RfD.
The metabolism of fenbuconazole in plants is adequately understood.
Due to a chemistry data gap for storage stability of fenbuconazole in
other raw agricultural commodities [GLN 171-4(e)], EPA believes it is
inappropriate to establish permanent tolerances for the uses of
fenbuconazole at this time. However, based on apparent storage
stability, EPA believes that the existing data support time-limited
tolerances to December 31, 1998.
The nature of the residue in plants is adequately understood for
the purposes of these time-limited tolerances. An analytical method,
gas-liquid chromatography with a thermionic-specific detector with
nitrogen selectivity, is available for enforcement purposes. The
enforcement methodology has been submitted to the Food and Drug
Administration for publication in the Pesticide Analytical Manual, Vol.
II (PAM II). Because of the long lead time for publication of the
method in PAM II, the analytical methodology is being made available in
the interim to anyone interested in pesticide enforcement when
requested from: Calvin Furlow, Public Response and Program Resources
Branch, Field Operations Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location and telephone number: Rm. 1132, CM #2, 1921
Jefferson Davis Hwy., Arlington, VA 22202, (703-305-5232).
There is no reasonable expectation that secondary residues will
occur in milk, eggs, or meat of livestock and poultry since there are
no livestock feed items associated with this action. The pesticide is
considered useful for the purpose for which the tolerance is sought.
Based on the information and data considered, the Agency has determined
that the time-limited tolerance established by amending 40 CFR part 180
will protect the public health. Therefore, the tolerances are
established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections and/or request a hearing with the Hearing Clerk, at
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to
the OPP docket for this rulemaking. The objections submitted must
specify the provisions of the regulation deemed objectionable and the
grounds for the objections (40 CFR 178.25). Each objection must be
accompanied by the fees provided by 40 CFR 180.33(i). If a hearing is
requested, the objections must include a statement of the factual
issue(s) on which a hearing is requested, and the requestor's
contentions on each such issue, and a summary of the evidence relied
upon by the objection (40 CFR 178.27). A request for a hearing will be
granted if the Administrator determines that the material submitted
shows the following: There is a genuine and substantial issue of fact;
there is a reasonable possibility that available evidence identified by
the requestor would, if established, resolve on or more of such issues
in favor of the requestor, taking into account uncontested claims or
facts to the contrary; and resolution of the factual issue(s) in the
manner sought by the requestor would be adequate to justify the action
requested (40 CFR 178.32).
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency
must determine whether the regulatory action is ``significant'' and
therefore subject to all the requirements of the Executive Order (i.e.,
Regulatory Impact Analysis, review by the Office of Management and
Budget (OMB)). Under section 3(f), the order defines ``significant'' as
those actions likely to lead to a rule (1) having an annual effect on
the economy of $100 million or more, or adversely and materially
affecting a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local or tribal
governments or communities (also known as ``economically
significant''); (2) creating serious inconsistency or otherwise
interfering with an action taken or planned by another agency; (3)
materially altering the budgetary impacts of entitlement, grants, user
fees, or loan programs; or (4) raising novel legal or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review. [[Page 11032]]
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Recording and
recordkeeping requirements.
Dated: February 15, 1995.
Daniel M. Barolo,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
b. By adding Sec. 180.480, to read as follows:
Sec. 180.480 Fenbuconazole; tolerances for residues.
(a) Time-limited tolerances, to expire on December 31, 1998, are
established for combined residues of the fungicide 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, expressed as fenbuconazole, in or on the following raw
agricultural commodities:
------------------------------------------------------------------------
Parts per
Commodity million
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Pecans..................................................... 0.1
Stone fruit crop group (except plums and prunes)........... 2.0
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(b) Residues in these commodities not in excess of the established
tolerance resulting from the uses described in paragraph (a) of this
section remaining after expiration of the time-limited tolerance will
not be considered to be actionable if the fungicide is applied during
the term of and in accordance with the provisions of the above
regulation.
[FR Doc. 95-5019 Filed 2-28-95; 8:45 am]
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