98-9395. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
    [Notices]
    [Pages 18411-18420]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-9395]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-801; FRL-5781-9]
    
    
    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-801, must 
    be received on or before May 15, 1998.
    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. 119FF, 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:
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
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    Sidney Jackson (PM 5).........  Rm. 268, CM #2, 703-    1921 Jefferson  
                                     305-7610, e-            Davis Hwy,     
                                     mail:[email protected]   Arlington, VA  
                                     pamail.epa.gov.                        
    Bipin Gandhi (PM 5)...........  Rm. 4W53, CS #2, 703-   Do.             
                                     308-8380, e-mail:                      
                                     gandhi.bipin@epamail..                               
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    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various food 
    commodities under section 408 of the Federal Food, Drug, and Comestic 
    Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions 
    contain data or information regarding the elements set forth in section 
    408(d)(2); however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data support 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-801] (including comments and data submitted 
    electronically as described below). A public version of this record, 
    including printed, paper versions of electronic comments, which does 
    not include any information claimed as CBI, is available for inspection 
    from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
    holidays. The official record is located at the address in 
    ``ADDRESSES'' at the beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        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 FRL-5781-9 and appropriate petition 
    number. Electronic comments on notice may be filed online at many 
    Federal Depository Libraries.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Food additives, 
    Feed additives, Pesticides and pests, Reporting and recordkeeping 
    requirements.
    
    Dated: April 1, 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. Interregional Research Project
    
     PP 2E4101
    
        EPA has received a pesticide petition (PP 2E4101) from the 
    Interregional Research Project Number 4 (IR-4), proposing pursuant to 
    section 408(d) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 
    346a(d), to amend 40 CFR part 180 by establishing a tolerance for 
    residues of the insecticide cyfluthrin, [cyano[4-fluoro-3-
    phenoxyphenyl]-methyl-3-[2,2- dicloroethenyl]-2,2-
    dimethylcyclopropanecarboxylate] in or on the raw agricultural 
    commodity dried hops at 20.0 parts per million (ppm) and to remove the 
    established tolerance for fresh hops at 4.0 ppm. EPA has determined 
    that the petition contains data or information regarding the elements 
    set forth in section 408(d)(2) of the Federal Food Drug and Cosmetic 
    Act (FFDCA); however, EPA has not fully evaluated the sufficiency of 
    the submitted data at this time or whether the data supports granting 
    of the proposed tolerance. Additional data may be needed before EPA 
    rules on the petition. This notice includes a summary of the petition 
    prepared by Bayer Corporations (Bayer), the registrant.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The metabolism of cyfluthrin in plants is 
    adequately understood. Studies have been conducted to delineate the 
    metabolism of radiolabeled cyfluthrin in various crops all showing 
    similar results. The residue of concern is cyfluthrin.
    
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        2. Analytical method. Adequate analytical methodology (gas liquid 
    chromatography with an electron capture detector) is available for 
    enforcement purposes. The methodology was successfully validated by 
    EPA's Beltsville laboratory in support of tolerances on cottonseed. 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 Resource 
    Branch, Field Operations Division (7502C), Office of Pesticide 
    Programs, U.S. Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460. Office location and telephone number: Rm. 119FF, 
    CM #2, 1921 Jefferson-Davis Hwy., Arlington, VA 22202, (703) 305-5232.
        The established tolerances for residues of cyfluthrin in/on eggs, 
    milks, fat, meat and meat by-products of cattle, goats, hogs, horses, 
    sheep and poultry are adequate to cover secondary residues resulting 
    from the proposed use as delineated in 40 CFR 180.6(a)(2).
        3. Magnitude of residues. Import tolerances for cyfluthrin are 
    presently established on fresh hops at 4.0 ppm and on dried hops at 
    20.0 ppm. IR-4 has conducted field trials in Washington, Oregon and 
    Idaho in order to support expansion of the tolerances to include the 
    domestic production of hops in the United States.
        The residue data submitted to the EPA by IR-4 consist of three 
    trials, one each in Washington, Oregon and Idaho. In each trial, hops 
    were planted in three plots, two treated and one untreated. Cyfluthrin 
    (Baythroid 2) was applied by foliar (ground) application at a rate of 
    0.05 pounds(lb) active ingredient(ai)/acre(A) to one plot and 0.1 lb 
    ai/A to another. Five separate applications were made with an interval 
    of 7-days between the last application and harvest.
        Residues of cyfluthrin were detected in all treated samples from 
    each trial and no interferences were detected in samples from control 
    plots. The residue data are consistent for each trial. Cyfluthrin 
    applied at 0.05 lb ai/A was detected from 0.44 to 0.78 ppm on fresh 
    hops and from 1.83 to 2.36 ppm on dried hops. At 0.10 lb ai/A, residues 
    were detected at 1.10 to 2.70 ppm on fresh hops and 3.76 to 7.57 ppm on 
    dried hops.
    
    B. Toxicological Profile
    
        The data base for cyfluthrin is essentially complete. Data lacking 
    but desirable are an acute neurotoxicity study in rats and a 90-day 
    neurotoxicity study in rats. Although these data are lacking, Bayer 
    believes the available toxicity data are sufficient to support the 
    proposed tolerance and these missing data will not significantly change 
    its risk assessment. Bayer has committed to submit the acute 
    neurotoxicity study and the 90-day neurotoxicity study.
        1. Acute toxicity. Results of acute toxicity tests show an acute 
    oral lethal dose (LD50) grater than or equal to 16.2 
    milligram (mg)/ kilogram (kg), a dermal (LD50) >5,000 mg/kg, 
    inhalation lethal concentration (LC50 greater than or equal 
    to 0.468 mg/liter(L), primary eye irritation and primary dermal 
    irritation show toxicity categories III and IV, respectively. Dermal 
    sensitization tests conducted show that cyfluthrin is not a dermal 
    sensitizer.
        2. Genotoxicty. Mutagenicity tests were conducted, including 
    several gene mutation assays (reverse mutation and recombination assays 
    in bacteria and a Chinese hamster ovary(CHO)/HGPRT assay); a structural 
    chromosome aberration assay (CHO/sister chromatid exchange assay); and 
    an unscheduled DNA synthesis assay in rat hepatocytes. All tests were 
    negative for genotoxicity.
        3. Reproductive and developmental toxicity. An oral developmental 
    toxicity study in rats with a maternal and fetal no-observed effect 
    level (NOEL) of 10 mg/kg/day (highest dose tested). An oral 
    developmental toxicity study in rabbits with a maternal NOEL of 20 mg/
    kg/day and a maternal lowest effect level (LEL) of 60 mg/kg/day, based 
    on decreased body weight gain and decreased food consumption during the 
    dosing period. A fetal NOEL of 20 mg/kg/day and a fetal LEL of 60 mg/
    kg/day were also observed in this study. The LEL was based on increased 
    resorptions and increased postimplantation loss.
        A developmental toxicity study in rats by the inhalation route of 
    administration with a maternal NOEL of 0.0011 mg/l and a LEL of 0.0047 
    mg/l, based on reduced mobility, dyspnea, piloerection, ungroomed coats 
    and eye irritation. The fetal NOEL is 0.00059 mg/l and the fetal LEL is 
    0.0011 mg/l, based on sternal anomalies and increased incidence of 
    runts. A second developmental toxicity study in rats by the inhalation 
    route of administration has been submitted to the Agency. A 3-
    generation reproduction study in rats with a systemic NOEL of 2.5 mg/
    kg/day and a systemic LEL of 7.5 mg/kg/day due to decreased parent and 
    pup body weights. The reproductive NOEL and LEL are 7.5 mg/kg/day and 
    22.5 mg/kg/day respectively.
        4. Subchronic toxicity. In a 28-day oral toxicity study in rats, 
    cyfluthrin demonstrated a NOEL of 20 mg/kg/day. The lowest-observed-
    effect level (LOEL) was 80 (40) mg/kg/day in both sexes based on 
    clinical signs of nerve toxicity, decreases in body weight gain, and 
    changes in liver and adrenal weights. The high dose was 80 mg/kg/day 
    during the first and third weeks and 40 mg/kg/day during the second and 
    fourth weeks.
        In a six month dog feeding study established a NOEL at 5 mg/kg/day 
    for male and females. The LOEL for this study was 15 mg/kg/day for both 
    sexes, based on neurological effects (hindlimb abnormalities) and 
    gastrointestinal disturbances.
        A 21-day repeated dose dermal toxicity study, male and female rats 
    were treated with cyfluthrin by dermal occlusion at target doses of 0, 
    100, 340, or 1,000 mg/kg/day for 6 hours/day (average actual dose 
    levels were 0, 113, 376 or 1,077 mg/kg/day). No mortality was observed, 
    and there were no treatment-related effects on body weight, 
    ophthalmology, organ weights, clinical biochemistry, or hematology. The 
    LOEL for dermal effects was 376 mg/kg/day for male and female Sprague-
    Dawley rats based on gross and histological skin lesions. The NOEL for 
    dermal effects was 113 mg/kg/day. The LOEL for systemic effects was 
    1,077 mg/kg/day based on decreased food consumption, red nasal 
    discharge and urine staining. The NOEL for systemic effects was 376 mg/
    kg/day.
        5. Chronic toxicity. A 12-month chronic feeding study in dogs with 
    a NOEL of 4 mg/kg/day. The LEL for this study is established at 16 mg/
    kg/day, based on slight ataxia, increased vomiting, diarrhea and 
    decreased body weight.
        A 24-month chronic feeding/carcinogenicity study in rats showed a 
    NOEL of 2.5 mg/kg/day and LEL of 6.2 mg/kg/day, based on decreased body 
    weights in males, decreased food consumption in males, and inflammatory 
    foci in the kidneys in females.
        6. Carcinogenicity. A 24-month carcinogenicity study in mice was 
    conducted. There were no carcinogenic effects observed under the 
    conditions of the study.
        A 24-month chronic feeding/carcinogenicity study in rats was 
    conducted. There were no carcinogenic effects observed under the 
    conditions of the study.
    
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        Cyfluthrin has been classified as a Group E chemical (evidence of 
    non-carcinogenicity for humans) by the Agency. The classification was 
    based on a lack of convincing evidence of carcinogenicity in adequate 
    studies with two animal species, rat and mouse.
        7. Animal metabolism. A metabolism study in rats showed that 
    cyfluthrin is rapidly absorbed and excreted, mostly as conjugated 
    metabolites in the urine, within 48 hours. An enterohepatic circulation 
    was observed.
        8. Ednocrine effects. No special studies investigating potential 
    estrogenic or endocrine effects of cyfluthrin have been conducted. 
    However, the standard battery of required studies has been completed. 
    These studies include an evaluation of the potential effects on 
    reproduction and development, and an evaluation of the pathology of the 
    endocrine organs following repeated or long-term exposure. According to 
    Bayer no endocrine effects were noted in any of the studies.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. In examining aggregate exposure, FFDCA section 
    408 requires that EPA take into account available and reliable 
    information concerning exposure from the pesticide residue in the food 
    in question, residues in other foods for which there are tolerances, 
    residues in ground water or surface water that is consumed as drinking 
    water, and other non-occupational exposures through pesticide use in 
    gardens, lawns, or buildings (residential and other indoor uses). 
    Dietary exposure to residues of a pesticide in a food commodity are 
    estimated by multiplying the average daily consumption of the food 
    forms of that commodity by the tolerance level or the anticipated 
    pesticide residue level. The Theoretical Maximum Residue Contribution 
    (TMRC) is an estimate of the level of residues consumed daily if each 
    food item contained pesticide residues equal to the tolerance. In 
    evaluating food exposures, EPA takes into account varying consumption 
    patterns of major identifiable subgroups of consumers, including 
    infants and children. The TMRC is a ``worst case'' estimate since it is 
    based on the assumptions that food contains pesticide residues at the 
    tolerance level and that 100% of the crop is treated by pesticides that 
    have established tolerances. If the TMRC exceeds the Reference Dose 
    (RfD) or poses a lifetime cancer risk that is greater than 
    approximately one in a million, EPA attempts to derive a more accurate 
    exposure estimate for the pesticide by evaluating additional types of 
    information (anticipated residue data and/or percent of crop treated 
    data) which show, generally, that pesticide residues in most foods when 
    they are eaten are well below established tolerances.
        2. Food. Under a petition to establish tolerances for cyfluthrin in 
    or on citrus (PP 4F4313 and FAP 4H5687, the EPA has recently performed 
    a chronic dietary exposure/risk assessment for cyfluthrin using a RfD 
    of 0.025 mg/kg body weight(bwt)/day, based on a NOEL of 50 ppm (2.5 mg/
    kg bwt/day) and an uncertainty factor of 100. The NOEL was determined 
    in a 2-year rat feeding study. The endpoint effects of concern were 
    decreased body weights in males and inflammation of the kidneys in 
    females at the LEL of 6.2 mg/kg/day. This dietary exposure/risk 
    assessment estimated the current dietary exposure for the U.S. 
    population resulting from established tolerances, including the current 
    4 ppm tolerance on fresh hops, is 0.002907 mg/kg/bwt day. This 
    represents 11.6% of the RfD. The exposure to children (1-6 years old), 
    the subgroup population exposed to the highest risk was 0.00662 mg/kg/
    bwt/day or 26.4% of the RfD. The current action will increase the 
    exposure to 0.003266 mg/kg/bwt day or 13% of the RfD for the U.S. 
    population and 0.006622 mg/kg/bwt day or 26.4% or the RfD for children 
    (1-6 years old). Generally speaking, EPA has no cause for concern if 
    the total dietary exposure from residues for uses for which there are 
    published and proposed tolerances is less than the RfD. Therefore, 
    Bayer concludes that the chronic dietary risk of cyfluthrin, as 
    estimated by the dietary risk assessment, does not appear to be of 
    concern.
        3. Drinking water. Cyfluthrin is immobile in soil, therefore, will 
    not leach into ground water. Additionally, due to the insolubility and 
    lipophilic nature of cyfluthrin, any residues in surface water will 
    rapidly and tightly bind to soil particles and remain with sediment, 
    therefore, Bayer does not anticipate dietary exposures to cyfluthrin 
    from drinking water.
        4. Non-dietary exposure. Non-occupational exposure to cyfluthrin 
    may occur as a result of inhalation or contact from indoor residential, 
    indoor commercial, and outdoor residential uses. Reliable data to 
    determine aggregate exposures from these sources are currently not 
    available. However, determinations of worst case exposure from 
    inhalation in indoor settings (continuous exposure at saturation vapor 
    concentration) indicated that adequate margins of safety existed even 
    under these conditions. Since this evaluation greatly overestimated 
    exposure, the contribution to aggregate exposure from inhalation in 
    normal uses would be expected to be negligible. Estimations of outdoor 
    residential exposure have been required for cyfluthrin in a data call-
    in issued in 1995. These data are being generated by the Outdoor 
    Residential Exposure Task Force (ORETF). However, available data show 
    that the acute dermal toxicity of cyfluthrin is very low, with the 
    LD50 being greater than 5,000 mg/kg, the highest dose 
    tested. Sub-acute (21-day) dermal toxicity data showed only localized 
    (skin) effects at higher level exposures (1,000 mg/kg/day and 340 mg/
    kg/day). Other than skin effects at these high exposure levels, no 
    effects were observed at any exposure levels, the highest level tested 
    being 1,000 mg/kg/day. The use rate for cyfluthrin on residential turf 
    is 1 g (1,000 mg) active ingredient per 1,000 square feet which would 
    indicate that potential exposures would be well below levels tested. In 
    addition, the localized skin effects seen at the prolonged higher 
    exposures in animal tests have not been reported for non-occupational 
    exposures to cyfluthrin in currently accepted uses, indicating that 
    exposures are below the threshold of any observable effects. Indoor 
    uses are limited to areas with little or no contact, so exposures would 
    be expected to be even less. Thus, the dermal route of exposure does 
    not appear to be significant and the contribution to aggregate exposure 
    from dermal contact would be expected to be negligible.
    
    D. Cumulative Effects
    
        In consideration of potential cumulative effects of cyfluthrin and 
    other substances that have a common mechanism of toxicity, Bayer 
    concludes that there are currently no available data or other reliable 
    information indicating that any toxic effects produced by cyfluthrin 
    would be cumulative with those of other chemical compounds; thus only 
    the potential risks of cyfluthrin have been considered in this 
    assessment of its aggregate exposure.
    
    E. Safety Determination
    
        1. U.S. population. Using the conservative exposure assumptions 
    described above and based on the completeness and reliability of the 
    toxicity data it can be concluded that total aggregate exposure to 
    cyfluthrin from all current uses as well as the proposed tolerance will 
    utilize little more than 13% of the RfD for the U.S. population. EPA 
    generally has no concerns for exposures below 100% of
    
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    the RfD, because the RfD represents the level at or below which daily 
    aggregate exposure over a lifetime will not pose appreciable risks to 
    human health. Thus, it can be concluded that there is a reasonable 
    certainty that no harm will result from aggregate exposure to 
    cyfluthrin residues.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of cyfluthrin, the data 
    from developmental studies in both rat and rabbit and a 2-generation 
    reproduction study in the rat can be considered. The developmental 
    toxicity studies evaluate any potential adverse effects on the 
    developing animal resulting from pesticide exposure of the mother 
    during prenatal development. The reproduction study evaluates any 
    effects from exposure to the pesticide on the reproductive capability 
    of mating animals through 2-generations, as well as any observed 
    systemic toxicity.
        FFDCA section 408 provides that EPA may apply an additional safety 
    factor for infants and children in the case of threshold effects to 
    account for pre- and post- natal effects and the completeness of the 
    toxicity database. Based on current toxicological data requirements, 
    the toxicology database for cyfluthrin relative to pre- and post-natal 
    effects is complete. The NOELs observed in the developmental and 
    reproduction study are equivalent or higher than the NOEL from the 2-
    year rat feeding study, used with a 100 fold uncertainty factor to 
    establish the reference dose. Therefore, Bayer believes that an 
    additional uncertainty factor is not warranted and that the RfD at 
    0.025 mg/kg/day is appropriate for assessing aggregate risk to infants 
    and children.
        Using the conservative exposure assumptions described above, 
    cyfluthrin residues resulting from established tolerances, including a 
    tolerance of 20 ppm on dry hops, would utilize 26.4% of the RfD for 
    children (1-6 years old), the subgroup population exposed to the 
    highest risk. Generally, EPA has no cause for concern if the exposure 
    is less than 100% of the RfD. Therefore, based on the completeness and 
    the reliability of the toxicity data and the conservative exposure 
    assessment, Bayer concludes that there is a reasonable certainty that 
    no harm will result to infants and children from aggregate exposure to 
    the residues of cyfluthrin, including all anticipated dietary exposure 
    and all other non-occupational exposures.
    
    F. International Tolerances
    
        A Codex maximum residue levels (MRLs) or 20 ppm has been 
    established for residues of cyfluthrin on dried hops.
    
    2. Interregional Research Project
    
    PP Nos. 6E3404, 6E4685, 1E3966, 9E3697, and 5E4580
    
        EPA has received pesticide petitions (PP Nos. 6E3404, 
    6E4685,1E3966, 9E3697, and 5E4580) from the Interregional Research 
    Project Number 4 (IR-4), proposing pursuant to section 408(d) of the 
    Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to 
    amend 40 CFR part 180 tolerances for residues of esfenvalerate, (S)-
    cyano-(3-phenoxyphenyl)methyl (S)-4-chloro-alpha-(1-methylethyl) 
    benzeneacetate in or on the raw agricultural commodities mustard greens 
    at 5 ppm (PP 6E3404), kiwifruit at 0.5 ppm (PP 6E4685), globe artichoke 
    at 1.0 ppm (PP 1E3966), cranberry at 0.2 ppm (PP 9E3697), and kohlrabi 
    at 2.0 ppm (PP 5E4580). EPA has determined that these petitions contain 
    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 submitted data at this time or whether these data 
    support granting the proposed tolerances. Additional data may be needed 
    before EPA rules on the petitions. This notice contains a summary of 
    the petitions submitted by DuPont Agricultural Products, the 
    registrant.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The metabolism and chemical nature of residues 
    of fenvalerate in plants and animals are adequately understood. The 
    fate of fenvalerate has been extensively studied using radioactive 
    tracers in plant and animal metabolism/nature of the residue studies. 
    These studies have demonstrated that the parent compound is the only 
    residue of toxicological significance. EPA has concluded that the 
    qualitative nature of the residue is the same for both fenvalerate and 
    esfenvalerate.
        2. Analytical method. There is a practical analytical method 
    utilizing electron-capture gas chromatography with nitrogen phosphorous 
    detection available for enforcement with a limit of detection that 
    allows monitoring food with residues at or above tolerance levels. The 
    limit of detection for updated method is the same as that of the 
    current PAM II, which is 0.01 ppm.
        3. Magnitude of residues. Fenvalerate is a racemic mixture of four 
    isomers (about 25% each). Technical Asana (the S,S-isomer enriched 
    formulation, esfenvalerate), has been the only fenvalerate formulation 
    sold in the U.S. for agricultural use. Since the S,S-isomer is the 
    insecticidally active isomer, the use rate for Asana is 4 
    times lower than that for Pydrin. A petition is pending (PP 
    4F4329), to convert tolerances (still to be expressed as the sum of all 
    isomers) based on the use rates for Asana. Bridging residue 
    studies have shown Asana residues to be 3-4 times lower than 
    Pydrin residues.
    
    B. Toxicological Profile
    
        1. Acute toxicity. A battery of acute toxicity studies places 
    technical esfenvalerate in Toxicity Category II for acute oral toxicity 
    (rat lethal dose LD50 87.2 mg/kg, Category III for acute 
    dermal (rabbit LD50 >2,000 mg/kg) and primary eye irritation 
    (mild irritation in rabbits), and Category IV for primary skin 
    irritation (minimal skin irritation in rabbits that reversed within 72 
    hours after treatment). Acute inhalation on technical grade active 
    ingredient (a.i.) was waived due to negligible vapor pressure. A dermal 
    sensitization test on esfenvalerate in guinea pigs showed no 
    sensitization.
        2. Genotoxicity. Esfenvalerate was not mutagenic in reverse 
    mutation assays in S. typhimurium and E. coli and did not induce 
    mutations Chinese hamster V79 cells or chromosome aberrations in 
    Chinese hamster ovary cells. Esfenvalerate did not induce micronuclei 
    in bone marrow of mice given up to 150 mg/kg intra peritoneally. 
    Esfenvalerate did not induce unscheduled deoxyribonucleic acid (DNA) 
    synthesis in HeLa cells. Other genetic toxicology studies submitted on 
    racemic fenvalerate indicate that the mixture containing equal parts of 
    the four stereoisomers is not mutagenic in bacteria. The racemic 
    mixture was also negative in a mouse host mediated assay and in a mouse 
    dominant lethal assay.
        3. Reproductive and developmental toxicity. Esfenvalerate was 
    administered to pregnant female rats by gavage in a pilot developmental 
    study at doses of 0, 1, 2, 3, 4, 5, and 20 mg/kg/day and a main study 
    at 0, 2.5, 5, 10, and 20 mg/kg/day. Maternal clinical signs (abnormal 
    gait and mobility) were observed at 2.5 mg/kg/day and above. A maternal 
    NOEL of 2 mg/kg/day was established for the pilot study. The 
    developmental NOEL was >20 mg/kg/day.
        Esfenvalerate was administered by gavage to pregnant female rabbits 
    in a pilot developmental study at doses of 0, 2, 3, 4, 4.5, 5, and 20 
    mg/kg/day and a main study at doses of 0, 3, 10, and 20 mg/kg/day. 
    Maternal clinical signs (excessive grooming) were observed at 3 mg/kg/
    day and above. A maternal NOEL of 2 mg/kg/day was established on the
    
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    pilot study. The developmental NOEL was > 20 mg/kg/day.
        A 2-generation feeding study with esfenvalerate was conducted in 
    the rat at dietary levels of 0,75, 100, and 300 ppm. Skin lesions and 
    minimal (non biologically significant) parental body weight effects 
    occurred at 75 ppm. The NOEL for reproductive toxicity was 75 ppm (4.2-
    7.5 mg/kg/day) based on decreased pup weights at 100 ppm.
        4. Subchronic toxicity. Two 90-day feeding studies with 
    esfenvalerate were conducted in rats - one at 50, 150, 300, and 500 ppm 
    esfenvalerate, and a second at 0, 75, 100, 125, and 300 ppm to provide 
    additional dose levels. The NOEL was 125 ppm (6.3 mg/kg/day) based on 
    clinical signs (jerky leg movements) observed at 150 ppm (7.5 mg/kg/
    day) and above.
        A 90-day feeding study in mice was conducted at 0, 50, 150, and 500 
    ppm esfenvalerate with a NOEL of 150 ppm (30.5 mg/kg) based on clinical 
    signs of toxicity at 500 ppm (106 mg/kg).
        A 3-month subchronic study in dogs was satisfied by a 1-year oral 
    study in dogs, in which the NOEL was 200 ppm (5 mg/kg/day).
        A 21-day dermal study in rabbits with fenvalerate conducted at 100, 
    300, and 1,000 mg/kg/day with a no-observed-adverse effect level 
    (NOAEL) of 1,000 mg/kg/day.
        5. Chronic toxicity. In a 1-year study, dogs were fed 0, 25, 50, or 
    200 ppm esfenvalerate with no treatment related effects at any dietary 
    level. The NOEL was established at 200 ppm (5 mg/kg/day). An effect 
    level for dietary administration of esfenvalerate for dogs of 300 ppm 
    had been established earlier in a three week pilot study used to select 
    dose levels for the chronic dog study.
        One chronic study with esfenvalerate and three chronic studies with 
    fenvalerate have been conducted in mice.
        In an 18-month study, mice were fed 0, 35, 150, or 350 ppm 
    esfenvalerate. Mice fed 350 ppm were sacrificed within the first 2 
    months of the study after excessive self-trauma related to skin 
    stimulation and data collected were not used in the evaluation of the 
    oncogenic potential of esfenvalerate. The NOEL was 35 ppm (4.29 and 
    5.75 mg/kg/day for males and females, respectively) based on lower body 
    weight and body weight gain at 150 ppm. Esfenvalerate did not produce 
    carcinogenicity.
        In a 2-year feeding study, mice were administered 0, 10, 50, 250 or 
    1,250 ppm fenvalerate in the diet. The NOEL was 10 ppm (1.5 mg/kg/day) 
    based on granulomatous changes (related to fenvalerate only, not 
    esfenvalerate) at 50 ppm (7.5 mg/kg/day). Fenvalerate did not produce 
    carcinogenicity.
        In an 18-month feeding study, mice were fed 0, 100, 300, 1,000, or 
    3,000 ppm fenvalerate in the diet. The NOEL is 100 ppm (15.0 mg/kg/day) 
    based on fenvalerate-related microgranulomatous changes at 300 ppm (45 
    mg/kg/day). No compound related carcinogenicity occurred.
        Mice were fed 0, 10, 30, 100, or 300 ppm fenvalerate for 20-months. 
    The NOEL was 30 ppm (3.5 mg/kg/day) based on red blood cell effects and 
    granulomatous changes at 100 ppm (15 mg/kg/day). Fenvalerate was not 
    carcinogenic at any concentration.
        In a 2-year study, rats were fed 1, 5, 25, or 250 ppm fenvalerate. 
    A 1,000 ppm group was added in a supplemental study to establish an 
    effect level. The NOEL was 250 ppm (12.5 mg/kg/day). At 1,000 ppm (50 
    mg/kg/day), hind limb weakness, lower body weight, and higher organ-to-
    body weight ratios were observed. Fenvalerate was not carcinogenic at 
    any concentration. (A conclusion that fenvalerate is associated with 
    the production of spindle cell sarcomas at 1,000 ppm was retracted by 
    EPA).
        EPA has classified esfenvalerate in Group E - evidence of non-
    carcinogenicity for humans.
        6. Animal metabolism. In animal studies, after oral dosing with 
    radioactive fenvalerate, the majority of the administered radioactivity 
    was eliminated in the initial 24-hours. The metabolic pathway involved 
    cleavage of the ester linkage followed by hydroxylation, oxidation, and 
    conjugation of the acid and alcohol moieties.
        7. Metabolite toxicology. The parent molecule is the only moiety of 
    toxicological significance appropriate for regulation in plant and 
    animal commodities.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. Tolerances have been established for the 
    residues of fenvalerate/esfenvalerate, in or on a variety of 
    agricultural commodities. In addition, pending tolerance petitions 
    exist for use of esfenvalerate on sugar beets, sorghum, head lettuce, 
    celery, pistachios, and a number of other minor use commodities. For 
    purposes of assessing dietary exposure, chronic and acute dietary 
    assessments have been conducted using all existing and pending 
    tolerances for esfenvalerate. EPA recently (August 2, 1997) reviewed 
    the existing toxicology data base for esfenvalerate and selected the 
    following toxicological endpoints. For acute toxicity, EPA established 
    a NOEL of 2.0 mg/kg/day from rat and rabbit developmental studies based 
    on maternal clinical signs at higher concentrations. An MOE of 100 was 
    required. For chronic toxicity. EPA established the Reference Dose 
    (RfD) for esfenvalerate at 0.02 mg/kg/day. This RfD was also based on a 
    NOEL of 2.0 mg/kg/day in the rat developmental study with an 
    uncertainty factor of 100. Esfenvalerate is classified as a Group E 
    carcinogen - no evidence of carcinogenicity in either rats or mice. 
    Therefore, a carcinogenicity risk analysis for humans is not required.
        2. Food. A chronic dietary exposure assessment was conducted using 
    Novigen's DEEM (Dietary Exposure Estimate Model). Anticipated residues 
    and adjustment for percent crop treated were used in the chronic 
    dietary risk assessment. The percentages of the RfD utilized by the 
    most sensitive sub-population, children 1-6 years, was 4.6% based on a 
    daily dietary exposure of 0.000911 mg/kg/day. Chronic exposure for the 
    overall US population was 1.9% of the RfD based on a dietary exposure 
    of 0.000376 mg/kg/day. This assessment has been approved by EPA and 
    included pending tolerances (including mustard greens, kiwifruit, globe 
    artichoke, cranberry, and kohlrabi) and all food tolerances for 
    incidental residues from use in food handling establishments. EPA has 
    no concern for exposures below 100% of the RfD because the RfD 
    represents the level at or below which daily aggregate dietary exposure 
    over a lifetime will not pose appreciable risks to human health.
        Potential acute exposures from food commodities were estimated 
    using a Tier 3 (Monte Carlo) Analysis and appropriate processing 
    factors for processed food and distribution analysis. This analysis 
    used field trial data to estimate exposure and federal and market 
    survey information to derive the percent of crop treated. These data 
    are considered reliable and used the upper end estimate of percent crop 
    treated in order to not underestimate any significant subpopulation. 
    Regional consumption information was taken into account. The MOEs for 
    the most sensitive sub-population (children 1-6 years) were 202 and 103 
    at the 99th, and 99.9th percentile of exposure, 
    respectively, based on daily exposures of 0.009908 and 0.019445 mg/kg/
    day. The MOEs for the general population are 355 and 171 at the 
    99th and 99.9th percentile of exposure, 
    respectively, based on daily exposure estimates of 0.005635 and 
    0.011717 mg/kg/day. The EPA has stated there is no cause for concern if 
    total acute exposure
    
    [[Page 18416]]
    
    calculated for the 99.9th percentile yields an MOE of 100 or larger. 
    This acute dietary exposure estimate is considered conservative and EPA 
    considered the MOEs adequate in a recent final rule published in the 
    Federal Register at 62 FR 63019 (November 26, 1997) (FRL-5781-1).
        3. Drinking water. Esfenvalerate is immobile in soil and will not 
    leach into groundwater. Due to the insolubility and lipophilic nature 
    of esfenvalerate, any residues in surface water will rapidly and 
    tightly bind to soil particles and remain with sediment, therefore not 
    contributing to potential dietary exposure from drinking water.
        A screening evaluation of leaching potential of a typical 
    pyrethroid was conducted using EPA's Pesticide Root Zone Model (PRZM). 
    Based on this screening assessment, the potential concentrations of a 
    pyrethroid in ground water at depths of 1 and 2 meters are essentially 
    zero (much less than 0.001 parts per billion (ppb).
        Surface water concentrations for pyrethroids were estimated using 
    PRZM3 and Exposure Analysis Modeling System (EXAMS) using Standard EPA 
    cotton runoff and Mississippi pond scenarios. The maximum concentration 
    predicted in the simulated pond was 0.052 ppb. Concentrations in actual 
    drinking water would be much lower than the levels predicted in the 
    hypothetical, small, stagnant farm pond model since drinking water 
    derived from surface water would be treated before consumption.
        Chronic drinking water exposure was estimated to be 0.000001 mg/kg/
    day for both the U.S. general population and for non-nursing infants. 
    Less than 0.1% of the RfD was occupied by both population groups.
        Using these values, the contribution of water to the acute dietary 
    risk estimate was estimated for the U.S. population to be 0.000019 mg/
    kg/day at the 99th percentile and 0.000039 mg/kg/day at the 
    99.9th percentile resulting in MOEs of 105,874 and 51,757, 
    respectively. For the most sensitive subpopulation, non-nursing infants 
    less than 1-year old, the exposure is 0.000050 mg/kg/day and 0.000074 
    mg/kg/day at the 99th and 99.9th percentile, 
    respectively, resulting in MOEs of 39,652, and 27,042, respectively.
        Therefore, DuPont believes that there is reasonable certainty of no 
    harm from drinking water.
        4. Non-dietary exposure. Esfenvalerate is registered for non-crop 
    uses including spray treatments in and around commercial and 
    residential areas, treatments for control of ectoparasites on pets, 
    home care products including foggers, pressurized sprays, crack and 
    crevice treatments, lawn and garden sprays, and pet and pet bedding 
    sprays. For the non-agricultural products, the very low amounts of 
    active ingredient they contain, combined with the low vapor pressure 
    (1.5 x 10-9 mm Mercury at 25 deg. C.) and low dermal 
    penetration, would result in minimal inhalation and dermal exposure.
        To assess risk from (nonfood) short and intermediate term exposure, 
    EPA has recently selected a toxicological endpoint of 2.0 mg/kg/day, 
    the NOEL from the rat and rabbit developmental studies. For dermal 
    penetration/absorption, EPA selected 25% dermal absorption based on the 
    weight-of-evidence available for structurally related pyrethroids. For 
    inhalation exposure, EPA used the oral NOEL of 2.0 mg/kg/day and 
    assumed 100% absorption by inhalation.
        Individual non-dietary risk exposure analyses were conducted using 
    a flea infestation scenario that included pet spray, carpet and room 
    treatment, and lawn care, respectively. The total potential short- and 
    intermediate-tern aggregate non-dietary exposure including lawn, 
    carpet, and pet uses are: 0.000023 mg/kg/day for adults, 0.00129 mg/kg/
    day for children 1-6 years and 0.00138 mg/kg/day for infants less than 
    1-year old.
        EPA concluded in the final rule published in the Federal Register 
    at 62 FR 63019 (November 26, 1997) that the potential non-dietary 
    exposure for esfenvalerate are associated with substantial margins of 
    safety.
        5. Aggregate exposure dietary and non dietary. EPA has concluded 
    that aggregate chronic exposure to esfenvalerate from food and drinking 
    water will utilize 1.9% of the RfD for the U.S. population based on a 
    dietary exposure of 0.000377 mg/kg/day. The major identifiable subgroup 
    with the highest aggregate exposure are children 1-6 years old. EPA 
    generally has no concern for exposures below 100% of the RfD because 
    the RfD represents the level at or below which daily aggregate dietary 
    exposure over a lifetime will not pose appreciable risks to human 
    health.
        The acute aggregate risk assessment takes into account exposure 
    from food and drinking water. The potential acute exposure from food 
    and drinking water to the overall U.S. population provides an acute 
    dietary exposure of 0.011756 mg/kg/day with an MOE of 170. This acute 
    dietary exposure estimate is considered conservative, using anticipated 
    residue values and percent crop-treated data in conjunction with Monte 
    Carlo analysis.
        Short- and intermediate-term aggregate exposure takes into account 
    chronic dietary food and water (considered to be a background exposure 
    level) plus indoor and outdoor residential exposure. The potential 
    short- and intermediate-term aggregate risk for the U.S. population is 
    an exposure of 0.0082 mg/kg/day with an MOE of 244.
        It is important to acknowledge that these MOEs are likely to 
    significantly underestimate the actual MOEs due to a variety of 
    conservative assumptions and biases inherent in the exposure assessment 
    methods used for their derivation. Therefore, it can be concluded that 
    the potential non-dietary and dietary aggregate exposures for 
    esfenvalerate are associated with a substantial degree of safety. EPA 
    has previously determined in the final rule published in the Federal 
    Register at 62 FR 63019 (November 26, 1997) that there was reasonable 
    certainty that no harm will result from aggregate exposure to 
    esfenvalerate residues. Head lettuce was included in that risk 
    assessment.
    
    D. Cumulative Effects
    
        Section 408 (b) (2) (D) (v) requires that, when considering whether 
    to establish, modify, or revoke a tolerance, the Agency consider 
    ``available information'' concerning the cumulative effects of a 
    particular pesticide's residues and ``other substances that have a 
    common mechanism of toxicity''. In a recent final rule on esfenvalerate 
    published in the Federal Register at 62 FR 63019 (November 26, 1997) 
    EPA concluded, available information in this context might include not 
    only toxicity, chemistry, and exposure data, but also scientific 
    policies and methodologies for understanding common mechanisms of 
    toxicity and conducting cumulative risk assessments. For most 
    pesticides, although the Agency has some information in its files that 
    may turn out to be helpful in eventually determining whether a 
    pesticide shares a common mechanism of toxicity with any other 
    substances, EPA does not at this time have the methodologies to resolve 
    the complex scientific issues concerning common mechanism of toxicity 
    in a meaningful way. EPA has begun a pilot process to study this issue 
    further through the examination of particular classes of pesticides. 
    The Agency hopes that the results of this pilot process will increase 
    the Agency's scientific understanding of this question such that EPA 
    will be able to develop and apply scientific principles for better
    
    [[Page 18417]]
    
    determining which chemicals have a common mechanism of toxicity and 
    evaluating the cumulative effects of such chemicals. The Agency 
    anticipates, however, that even as its understanding of the science of 
    common mechanisms increases, decisions on specific classes of chemicals 
    will be heavily dependent on chemical specific data, much of which may 
    not be presently available.
        Although at present the Agency does not know how to apply the 
    information in its files concerning common mechanism issues to most 
    risk assessments, there are pesticides as to which the common mechanism 
    issues can be resolved. These pesticides include pesticides that are 
    toxicologically dissimilar to existing chemical substances (in which 
    case the Agency can conclude that it is unlikely that a pesticide 
    shares a common mechanism of activity with other substances) and 
    pesticides that produce a common toxic metabolite (in which case common 
    mechanism of activity will be assumed). Although esfenvalerate is 
    similar to other members of the synthetic pyrethroid class of 
    insecticides, EPA does not have, at this time, available data to 
    determine whether esfenvalerate has a common method of toxicity with 
    other substances or how to include this pesticide in a cumulative risk 
    assessment. Unlike other pesticides for which EPA has followed a 
    cumulative risk approach based on a common mechanism of toxicity, 
    esfenvalerate does not appear to produce a toxic metabolite produced by 
    other substances. For the purposes of this tolerance action, therefore, 
    EPA has not assumed that esfenvalerate has a common mechanism of 
    toxicity with other substances.
    
    E. Safety Determination
    
        1. U.S. population. A chronic dietary exposure assessment using 
    anticipated residues, monitoring information, and percent crop treated 
    indicated the percentage of the RfD utilized by the General Population 
    to be 1.9%. There is generally no concern for exposures below 100% of 
    the RfD because the RfD represents the level at or below which daily 
    aggregate dietary exposure over a lifetime will not pose appreciable 
    risks to human health.
        For acute exposure, a MOE of greater than 100 is considered an 
    adequate MOE. A Tier 3 acute dietary exposure assessment found the 
    General Population to have MOE's of 355 and 171 at the 99th 
    and 99.9th percentile of exposure, respectively. These 
    values were generated using actual field trial residues and market 
    share data for percentage of crop treated. These results depict an 
    accurate exposure pattern at an exaggerated daily dietary exposure 
    rate.
        Short- and intermediate-term aggregate exposure risk from chronic 
    dietary food and water plus indoor and outdoor residential exposure for 
    the U.S. population is an exposure of 0.0082 mg/kg/day with an MOE of 
    244.
        Therefore, there is a reasonable certainty that no harm will result 
    from chronic dietary, acute dietary, non-dietary, or aggregate exposure 
    to esfenvalerate residues.
        2. Infants and children. FFDCA section 408 provides that EPA shall 
    apply an additional tenfold margin of safety for infants and children 
    unless EPA determines that a different margin of safety will be safe 
    for infants and children. EPA has stated that reliable data support 
    using the standard MOE and uncertainty factor (100 for combined inter- 
    and intra-species variability) and not the additional tenfold MOE/
    uncertainty factor when EPA has a complete data base under existing 
    guidelines and when the severity of the effect in infants or children 
    or the potency or unusual toxic properties of a compound do not raise 
    concerns regarding the adequacy of the standard MOE/safety factor. In a 
    recent final rule published in the Federal Register at 62 FR 63019 
    (November 26 1997), EPA concluded that reliable data support use of the 
    standard 100-fold uncertainty factor for esfenvalerate, and that an 
    additional uncertainty factor is not needed to protect the safety of 
    infants and children. This decision was based on, no evidence of 
    developmental toxicity at a doses up to 20 mg/kg/day (ten times the 
    maternal NOEL) in prenatal developmental toxicity studies in both rats 
    and rabbits; offspring toxicity only at dietary levels which were also 
    found to be toxic to parental animals in the 2-generation reproduction 
    study; and no evidence of additional sensitivity to young rats or 
    rabbits following pre- or postnatal exposure to esfenvalerate.
        A chronic dietary exposure assessment found the percentages of the 
    RfD utilized by the most sensitive sub-population to be 4.6% for 
    children 1-6 years based on a dietary exposure of 0.000912 mg/kg/day. 
    The % RfD for nursing and non-nursing infants was 1.1% and 2.7%, 
    respectively. The Agency has no cause for concern if RfD are below 
    100%.
        The most sensitive sub-population, children 1-6 years, had acute 
    dietary MOEs of 202 and 103 at the 99th and 
    99.9th percentile of exposure, respectively. Nursing infants 
    had MOEs of 195 and 146 at the 99th and 99.9th 
    percentile of exposure, respectively. Non-nursing infants had MOEs of 
    304 and 158 at the 99th and 99.9th percentile of 
    exposure, respectively. The Agency has no cause for concern if total 
    acute exposure calculated for the 99.9th percentile yields a MOE of 100 
    or larger.
        EPA has recently concluded that the potential short- or 
    intermediate-term aggregate exposure of esfenvalerate from chronic 
    dietary food and water plus indoor and outdoor residential exposure to 
    children (1-6 years old) is 0.0113 mg/kg/day with an MOE of 177. For 
    infants (less than 1-year old) the exposure is 0.0098 mg/kg/day with an 
    MOE of 204. Thus, there is a reasonable certainty that no harm will 
    result to infants and children from aggregate exposure to esfenvalerate 
    residues published in the Federal Register at 62 FR 63019 (November 26, 
    1997) (FRL-5754-6).
    
    F. International Tolerances
    
        Codex maximum residue levels (MRL's) have been established for 
    residues of fenvalerate on a number of crops that also have U.S. 
    tolerances. There are some minimal differences between the section 408 
    tolerances and certain Codex MRL values for specific commodities. These 
    differences could be caused by differences in methods to establish 
    tolerances, calculate animal feed, dietary exposure, and as a result of 
    different agricultural practices. Therefore, some harmonization of 
    these maximum residue levels may be required.
    
    3. Novartis Crop Protection, Inc.
    
    PP 7E4920
    
        EPA has received a pesticide petition (PP 7E4920) from Novartis 
    Crop Protection, Inc., P.O. Box 18300, Greensboro, NC 27419, proposing 
    pursuant to section 408(d) of the Federal Food, Drug and Cosmetic Act, 
    21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing inert 
    tolerances for residues of cloqiontocet-mexyl (acteic acid, [5-chloro-
    8-quinolinyl)oxy]-,1-methylhexylester; CGA-185072) in or on the raw 
    agricultural commodities wheat grain at 0.02 ppm and wheat straw at 
    0.05 ppm. The proposed analytical method involves homogenization, 
    filtration, partition, and cleanup with analysis by high performance 
    liquid chromotography using UV detection. EPA has determined that the 
    petition contains data or information regarding the elements set forth 
    in section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated 
    the sufficiency of the submitted data at this time or whether
    
    [[Page 18418]]
    
    the data supports granting of the petition. Additional data may be 
    needed before EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The metabolism of CGA-185072 in wheat has been 
    investigated. Total residues in all crop samples are low. Metabolism 
    involves primarily rapid hydrolysis of the parent to the resulting acid 
    followed by conjugation.
        2. Analytical method. Novartis has submitted practical analytical 
    methods for the determination of CGA-185072 and its major plant 
    metabolite CGA-153433 in wheat raw agricultural commodities (RACs). 
    CGA-185072 is extracted from crops with acetonitrile, cleaned up by 
    solvent partition and solid phase extraction and determined by column 
    switching HPLC with UV detection. CGA-153433 is extracted from crops 
    with an acetone-buffer (pH=3) solution, cleaned up by solvent partition 
    and solid phase extraction, and determined by HPLC with UV detection. 
    The limits of quantification (LOQ) for the methods are 0.02 ppm for 
    CGA-185072 in forage and grain, 0.05 ppm for CGA-185072 in straw, and 
    0.05 ppm for CGA-153433 in forage, straw and grain.
        3. Magnitude of residues. Twelve residue trials were conducted from 
    1989-1992 in the major spring wheat growing areas of Manitoba, Alberta 
    and Saskatchewan, which share compatible crop zones with the major 
    spring wheat growing areas of the U.S. (MT, ND, SD, MN). Nine trials 
    were conducted in 1989-91 with a tank mix of CGA-184927 (a.i.) and the 
    CGA-185072 safener as separate EC formulations and three trials in 1992 
    were conducted with CGA-184927 and the CGA-185072 safener as a pre-pack 
    EC formulation. All trials had a single post-emergence application of 
    CGA-185072 at a rate of 20 g a.i./Ha. At PHIs of 55-97 days, no 
    detectable residues of CGA-185072 or its metabolite CGA-153433 were 
    found in mature grain or straw from these trials. Separate decline 
    studies (3) on green forage showed no detectable residues of CGA-185072 
    or CGA-153433 at 3 days after application. Freezer storage stability 
    studies indicated reasonable stability of both analytes for a period of 
    one year, with CGA-185072 declining to 83% in grain and 67% in straw 
    after two years, while CGA-153433 was stable for at least two years.
    
    B. Toxicological Profile
    
        1. Acute toxicity. The acute oral and dermal LD50 values 
    for cloquintocet-mexyl are greater than 2,000 mg/kg for rats of both 
    sexes, respectively. Its acute inhalation LC50 in the rat is 
    greater than 0.94 mg/liter , the highest attainable concentration. 
    Cloquintocet-mexyl is slightly irritating to the eyes, minimally 
    irritating to the skin of rabbits, but was found to be sensitizing to 
    the skin of the guinea pig. This technical would carry the EPA signal 
    word ``Caution''.
        2. Genotoxicty. The mutagenic potential of cloquintocet-mexyl was 
    investigated in six independent studies covering different end points 
    in eukaryotes and prokaryotes in vivo and in vitro. These tests 
    included: Ames reverse mutation with Salmonella typhimurium and Chinese 
    hamster V79 cells; chromosomal aberrations using human lymphocytes and 
    the mouse micronucleus test; and DNA repair using rat hepatocytes and 
    human fibroblasts. Cloquintocet-mexyl was found to be negative in all 
    these tests and, therefore, is considered devoid of any genotoxic 
    potential at the levels of specific genes, chromosomes or DNA primary 
    structure.
        3. Reproductive and developmental toxicity. Dietary administration 
    of cloquintocet-mexyl over two generations at levels as high as 10,000 
    ppm did not affect mating performance, fertility, or litter sizes, but 
    a slightly reduced body weight development of adults and pups was noted 
    at this level. The target organ was kidney in adults and pups. The 
    treatment had no effect on reproductive organs. The developmental and 
    reproductive NOEL was 5,000 ppm, corresponding to a mean daily intake 
    of 350 mg/kg cloquintocet-mexyl.
        In a developmental toxicity study in rats, the highest dose level 
    of 400 mg/kg resulted in reduced body weight gain of the dams and signs 
    of retarded fetal development. No teratogenic activity of the test 
    article was detected. The NOEL for dams and fetuses was 100 mg/kg/day.
        In a developmental toxicity study in rabbits, mortality was 
    observed in dams at dose levels of 300 mg/kg. No teratogenic effects 
    were noted. Fetuses showed signs of slightly retarded development. The 
    NOEL for both dams and fetuses was 60 mg/kg/day.
        4. Subchronic toxicity. In a 90-day study, rats fed 6,000 ppm 
    exhibited reduced body weight gain and one male died with acute 
    nephritis and inflamed urinary bladder. Reduced liver and kidney 
    weights were observed in males fed 1,000 and 6,000 and in females fed 
    6,000 ppm. Target organs were identified to be kidney and urinary 
    bladder. The NOEL was 150 ppm (9.66 mg/kg in males and 10.2 mg/kg in 
    females).
        In a 90-day study in beagle dogs, a level of 40,000 ppm resulted in 
    deterioration of general condition so that the feeding level was 
    reduced in a stepwise fashion to 15,000 ppm. Anemia was noted at 15,000 
    ppm and the feeding level of 1,000 ppm. The NOEL of 100 ppm was 
    equivalent to a mean daily intake of 2.9 mg/kg in males and females.
        5. Chronic toxicity. In a 12-month feeding study in dogs, 15,000 
    ppm resulted in inappetence and body weight loss. As a result, this 
    feeding level was adjusted to 10,000 ppm after 2-weeks. Animals fed 
    this level exhibited anemia and an elevation in blood urea levels. The 
    kidney was considered the target organ. The NOEL of 1,500 ppm was 
    equivalent to a mean daily intake of 43.2 mg/kg in males and 44.8 mg/kg 
    in females.
        Lifetime dietary administration of cloquintocet-mexyl to mice 
    resulted in reduced body weights in both sexes at 5,000 ppm. Overall 
    body weight gain was reduced by 17% to 22% in males and females, 
    respectively, indicating the MTD was achieved or exceeded. 
    Histopathological examination revealed chronic inflammation of the 
    urinary bladder. There was no indication of any tumorigenic response 
    due to treatment. The NOEL of 1,000 ppm was equivalent to a mean daily 
    dose of 111 mg/kg in males and 102 mg/kg in females.
        A top feeding level of 2,000 ppm was selected, based on the 90-day 
    study, for the lifetime feeding study in the rat. This feeding level 
    was well-accepted, but produced hyperplasia of the thymus in males and 
    hyperplasia of the thyroid in females. There was no increase in tumors 
    of any type and the total number of tumor- bearing animals showed no 
    dose-related trends. The NOEL of 100 ppm was equivalent to a mean daily 
    dose of 3.77 mg/kg in males and 4.33 mg/kg in females.
        6. Animal metabolism. In rats, approximately 50% of an oral dose of 
    cloquintocet-mexyl was rapidly absorbed through the gastrointestinal 
    tract and excreted via urine and bile. The administered dose was 
    excreted independent of sex and was essentially complete within 48 
    hours. 95% of the excreted dose was associated with one metabolite, an 
    acid residue of cloquintocet-mexyl, CGA-153433. Simultaneous 
    administration of the cloquintocet-mexyl and clodinafop-propargyl did 
    not alter the rate of excretion of cloquintocet-mexyl or its metabolite 
    pattern.
        7. Metabolite toxicology. At the present time there is no evidence 
    which affords an association of the toxicities noted with the highest 
    feeding levels of cloquintocet-mexyl with its primary metabolite, CGA-
    153433.
    
    [[Page 18419]]
    
        8. Endocrine disruption. A special study was conducted to 
    investigate a histological finding of hyperplasia of thyroid gland 
    epithelium noted in the female rat in the standard lifetime combined 
    chronic toxicity and carcinogenicity study. This study was a 28-day 
    oral gavage study with a 28-day recovery period at dose levels as high 
    as 400 mg/kg/day or approximately 4,000 ppm. No effect was noted on the 
    level of thyroid hormones at any of the treatment levels. Although 
    thyroid hyperplasia and an accompanying increase in pituitary 
    basophilic cells were noted at the end of 28-days, these effects were 
    reversible in the recovery period.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. Cloquintocet-mexyl is intended to be used as a 
    safener for the post emergence herbicide, clodinafop-propargyl, used in 
    wheat. The use rate is very low (formulated at a 1:4 ratio of safener 
    to active ingredient). Results from plant metabolism and residue 
    studies show that residues of the safener cloquintocet-mexyl or its 
    metabolites are below the detection limit in wheat grains and other 
    wheat byproducts including green wheat used for forage. Tolerances in 
    wheat and wheat products are being proposed at the detection limit of 
    0.02 ppm (LOQ) for the parent active ingredient in wheat grain and 0.05 
    ppm (LOQ) in wheat straw. For cloquintocet, similar tolerances will be 
    proposed in wheat grain (0.02 ppm) and wheat straw (0.05 ppm).
        i. Chronic. The RfD of 0.0377 mg/kg/day was derived from the male 
    NOEL of 3.77 mg/kg/day. Based on the assumption that 100% of all wheat 
    used for human consumption would contain residues of cloquintocet-mexyl 
    and anticipated residues would be at the level of \1/2\ the LOQ, the 
    potential dietary exposure was calculated using the TAS 
    exposure program based on the food survey from the year of 1977-1978. 
    Calculations were made for anticipated residues using \1/2\ the LOQ or 
    0.01 ppm. Calculated on the basis of the assumptions above, the chronic 
    dietary exposure of the U.S. population to cloquintocet-mexyl would 
    correspond to 0.000014 mg/kg/day or 0.04% of its RfD. MOE against NOEL 
    in the most sensitive species is 269,286-fold.
        Using the same conservative exposure assumptions, the percent of 
    the RfD that will be utilized is 0.01% for nursing infants less than 1-
    year old, 0.03% for non-nursing infants, 0.08% for children 1-6 years 
    old and 0.06% for children 7-12 years old. It is concluded that there 
    is a reasonable certainty that no harm will result to infants and 
    children from exposure to residues of cloquintocet-mexyl.
        ii. Acute. Using the same computer software package used for the 
    calculation of chronic dietary exposure, the acute dietary exposure was 
    calculated for the general population and several sub-populations 
    including children and women of child bearing age. The USDA Food 
    Consumption Survey of 1989-1992 was used, however, instead of the 1977-
    1978 survey used for the chronic assessment. MOEs were calculated 
    against the NOEL of 2.9 mg/kg found in a 90-day dietary toxicity study 
    in dogs, which is the lowest NOEL observed in a short term or 
    reproductive toxicity study. NOELs from reproductive or developmental 
    toxicity studies were significantly higher and there was no evidence 
    that cloquintocet-mexyl has any potency to affect these endpoints.
        The exposure model predicted that 99.9% of the general population 
    will be exposed to less than 0.000104 mg/kg cloquintocet-mexyl per day, 
    which corresponds to a MOE of almost 27,944 when compared to the NOEL 
    of 2.9 mg/kg. Children 1-6 years constitute the sub-population with the 
    highest predicted exposure. Predicted acute exposure for this subgroup 
    is less than 0.000134 mg/kg/day, corresponding to a MOE of at least 
    21,721 for 99.9% of the individuals.
        2. Drinking water. Other potential sources of exposure of the 
    general population to residues of pesticides are residues in drinking 
    water. Results of studies have shown that cloquintocet-mexyl or its 
    degradation products do not have any leaching potential. Accordingly, 
    there is no risk of groundwater contamination with cloquintocet-mexyl 
    or its metabolites. Thus, aggregate risk of exposure to cloquintocet-
    mexyl does not include drinking water. Cloquintocet-mexyl is not 
    intended for uses other than the agricultural use on wheat. Thus, there 
    is no potential for non-occupational exposure.
        The Maximum Contaminant Level Goal (MCLG) calculated for 
    cloquintocet-mexyl according to EPA's procedure leads to an exposure 
    value substantially above levels that are likely to be found in the 
    environment under proposed conditions of use.
        MCLG = RfD x 20% x 70 kg/2 L
        MCLG = 0.0377 mg/kg x 0.2 x 70 kg/2 L
        MCLG = 0.264 ppm = 264 ppb
        3. Non-dietary exposure. Exposure to cloquintocet-mexyl for the 
    mixer/loader/ground boom/aerial applicator was calculated using the 
    Pesticide Handlers Exposure Database (PHED). It was assumed that the 
    product would be applied 10-days per year by ground boom application to 
    a maximum of 300 acres per day by the grower, 450 acres per day by the 
    commercial groundboom applicator, and 741 acres per day for the aerial 
    applicator at a maximum use rate of 28 grams active ingredient (7 grams 
    of cloquintocet-mexyl) per acre. For purposes of this assessment, it 
    was assumed that an applicator would be wearing a long-sleeved shirt 
    and long pants and the mixer/loader would, in addition, wear gloves. 
    Daily doses were calculated for a 70 kg person assuming 100% dermal 
    penetration.
        The results indicate that large margins of safety exist for the 
    proposed experimental use of cloquintocet-mexyl. The use pattern of 
    cloquintocet indicates that the NOEL(1,000 mg/kg/day) from the 28-day 
    rat dermal study is appropriate for comparison to mixer/loader-
    applicator exposure. The chronic NOEL of 3.77 mg/kg/day from the 2-year 
    feeding study in rats is used to examine longer term exposure.
        For short-term exposure, MOEs for cloquintocet ranged from 2.4E+05 
    for commercial open mixer-loader to 2.5E+06 for commercial groundboom 
    enclosed-cab applicator. For chronic exposure, MOEs ranged from 3.2E+04 
    for commercial open mixer-loader to 3.5E+05 for commercial groundboom 
    enclosed-cab applicator. Aerial application of cloquintocet results in 
    short-term MOEs of 1.4E+05 for the mixer-loader and 2.5E+05 for pilots. 
    Chronic MOEs are 2.0E+04 for the mixer-loader and 3.4E+04 for the 
    pilot. Based on this assessment, occupational exposure to cloquintocet-
    mexyl results in acceptable MOEs.
        In reality, the proposed label for the end use product containing 
    the active ingredient plus cloquintocet-mexyl will require more 
    restrictive personal protective equipment for applicators and other 
    handlers, resulting in additional margins of safety.
    
    D. Cumulative Effects
    
        Novartis has considered the potential for a cumulative exposure 
    assessment for effects of cloquintocet-mexyl and other substances with 
    the same mechanism of toxicity. It is concluded that such a 
    determination would be inappropriate at this time because of the unique 
    role of cloquintocet-mexyl as a product specific safener.
    
    E. Safety Determination
    
        1. U.S. population. Using the same conservative exposure 
    assumptions as described for chronic and acute dietary exposure, 
    aggregrate exposure of the
    
    [[Page 18420]]
    
    U.S. population to cloquintocet-mexyl would correspond to 0.000014 mg/
    kg/day or 0.04% of its RfD. The chronic MOE against the NOEL in the 
    most sensitive species is 269,286-fold. EPA generally has no concern 
    for exposures below 100% of the RfD because the RfD represents the 
    level at or below which daily aggregate dietary exposure over a 
    lifetime will not pose appreciable risks to human health. Therefore, it 
    is concluded that there is a reasonable certainty that no harm will 
    result from aggregate exposure to residues of cloquintocet-mexyl.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of cloquintocet-mexyl, 
    data from developmental toxicity studies in the rat and rabbit and a 2- 
    generation reproduction study in the rat have been considered. The 
    developmental toxicity studies are designed to evaluate adverse effects 
    on the developing organism resulting from chemical exposure during 
    prenatal development to one or both parents. Reproduction studies 
    provide information relating to effects from exposure to a chemical on 
    the reproductive capability of mating animals and data on systemic 
    toxicity.
        The highest dose level of 400 mg/kg/day in a developmental toxicity 
    study in rats resulted in reduced body weight gain of the dams and 
    signs of retarded fetal development. No teratogenic activity due to the 
    test article was detected. The NOEL for dams and fetuses was 100 mg/kg/
    day. Although mortality was observed in rabbit dams at the dose level 
    of 300 mg/kg/day, no teratogenic effects were noted. The NOEL for both 
    dams and fetuses was 60 mg/kg/day.
        Dietary administration of cloquintocet-mexyl over 2-generations at 
    levels as high as 10,000 ppm did not affect mating performance, 
    fertility, or litter sizes in rats, but a slightly reduced body weight 
    development of adults and pups was noted at this level. The target 
    organ was kidney in adults and pups. The treatment had no effect on 
    reproductive organs. The developmental and reproductive NOEL was 5,000 
    ppm, corresponding to a mean daily intake of 350 mg/kg cloquintocet-
    mexyl.
        FFDCA section 408 provides that EPA may apply an additional safety 
    factor for infants and children in the case of threshold effects to 
    account for pre- and post-natal toxicity and the completeness of the 
    database. Based on the current toxicological data requirements, the 
    database relative to pre- and post-natal effects for children is 
    complete. Further, for cloquintocet-mexyl, the NOEL of 3.77 mg/kg/day 
    from the combined chronic/oncogenicity study in rats, which was used to 
    calculate the RfD, is already lower than the NOEL's of 100 and 60 mg/
    kg/day for the rat and rabbit developmental toxicity studies, 
    respectively. Further, the developmental and reproductive NOEL of 350 
    mg/kg/day from the cloquintocet-mexyl reproduction study is nearly 100 
    times greater than the NOEL for the combined chronic/oncogenicity rat 
    study. These data would indicate there is no additional sensitivity of 
    infants and children to cloquintocet-mexyl. Therefore, it is concluded 
    that an additional uncertainty factor is not warranted to protect the 
    health of infants and children from the use of cloquintocet-mexyl.
        Using the conservative exposure assumptions described above, it is 
    concluded that the percentage of the RfD that will utilized by 
    aggregate exposure to residues of cloquintocet-mexyl for its proposed 
    use as a safener for clodinafop-propargyl on wheat is 0.01% for nursing 
    infants less than 1-year old, 0.03% for non-nursing infants, 0.08% for 
    children 1-6 years old and 0.06% for children 7-12 years old. 
    Therefore, based on the completeness and reliability of the toxicity 
    data and the conservative nature of the exposure assessment, it is 
    concluded that there is a reasonable certainty that no harm will result 
    to infants and children from exposure to residues of cloquintocet-
    mexyl.
    
    F. International Tolerances
    
        Cloquintocet-mexyl is used as a safener for the herbicide, 
    clodinafop-propargyl. There are no Codex Alimentarius Commission 
    (CODEX) maximum residue levels (MRLs) established for residues of 
    cloquintocet-mexyl in or on raw
    [FR Doc. 98-9395 Filed 4-14-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
04/15/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-9395
Dates:
Comments, identified by the docket control number PF-801, must be received on or before May 15, 1998.
Pages:
18411-18420 (10 pages)
Docket Numbers:
PF-801, FRL-5781-9
PDF File:
98-9395.pdf