97-8397. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
    [Notices]
    [Pages 15690-15698]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-8397]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [PF-723; FRL-5593-9]
    
    
    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 agricultural commodities.
    DATES: Comments, identified by the docket control number PF-723, must 
    be received on or before May 2, 1997.
    ADDRESSES: By mail submit written comments to: Public Response and 
    Program Resources Branch, Field Operations Divison (7505C), Office of 
    Pesticides Programs, Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460. In person bring comments to: Rm. 1132, CM #2, 
    1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically by following 
    the instructions under ``SUPPLEMENTARY INFORMATION.'' No confidential 
    business information should be submitted through e-mail.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    ``Confidential Business Information'' (CBI). CBI should not be 
    submitted through e-mail. Information marked as CBI will not be 
    disclosed except in accordance with procedures set forth in 40 CFR part 
    2. A copy of the comment that does not contain CBI must be submitted 
    for inclusion in the public record. Information not marked confidential 
    may be disclosed publicly by EPA without prior notice. All written 
    comments will be available for public inspection in Rm. 1132 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
    table below:
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
    ------------------------------------------------------------------------
    Connie Welch (PM 21)..........  Rm. 227, CM #2, 703-    1921 Jefferson  
                                     305-6226, e-            Davis Hwy,     
                                     mail:[email protected]   Arlington, VA  
                                     mail.epa.gov.                          
    Cynthia Giles-Parker (PM 22)..  Rm. 229, CM #2, 703-    Do.             
                                     305-5540, e-mail:                      
                                     parker.cynthia@epamai.                             
    ------------------------------------------------------------------------
    
    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various raw 
    agricultural commodities under section 408 of the Federal Food, Drug, 
    and Comestic Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these 
    petitions contain data or information regarding the elements set forth 
    in section 408(d)(2); however, EPA has not fully evaluated the 
    sufficiency of the submitted data at this time or whether the data 
    supports grantinig 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-723 (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
    
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    record is located at the address in ``ADDRESSES'' at the beginning of 
    this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
    file format. All comments and data in electronic form must be 
    identified by the docket number (insert docket number) and appropriate 
    petition number. Electronic comments on this proposed rule 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: March 24, 1997.
    
    Stephen L. Johnson,
    
    Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Below summaries of the pesticide petitions are printed. The 
    summaries of the petitions were prepared by the petitioners. 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. Bayer's Corporation
    
    PP 6F4631
    
        EPA has received a pesticide petition (PP 6F4631) from Bayer 
    Corporation, 8400 Hawthorne Road, Kansas City, MO 64120-0013, proposing 
    pursuant to section 408(d) of the Federal Food, Drug and Cosmetic Act, 
    21 U.S.C. 346a(d), to amend 40 CFR Part 180 by establishing tolerances 
    for residues of the herbicide, FOE 5043, N-(4-Fluorophenyl)-N-(1-
    methylethyl)-2[[5-(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide 
    in or on the raw agricultural commodities, field corn grain at 0.05 
    parts per million (ppm), field corn forage at 0.4 ppm, field corn 
    stover (fodder) at 0.4 ppm, soybean seed at 0.1 ppm, milk at 0.01 ppm, 
    meat at 0.05 ppm, and meat byproducts at 0.05 ppm. The proposed 
    analytical method is gas chromatography/mass spectrometry with selected 
    ion monitoring. (PM 22)
        1. Chemical uses. FOE 5043 use on field corn and soybeans provides 
    selective weed control for a wide spectrum of annual grasses and small-
    seeded broadleaf weeds, with exceptional strength on barnyard grass, 
    large crabgrass, fall panicum and foxtail species. Application 
    technique: Products containing FOE 5043 can be applied preplant 
    surface, preplant incorporated, or preemergence for control of emerging 
    weeds. Applications can be made up to 45 days before planting. 
    Applications may be made using standard low pressure ground herbicide 
    boom sprayers equipped with suitable nozzles and screens. The products 
    containing FOE 5043 may be applied either as a single or a split 
    application. Application rates range from 0.442 to 0.884 pounds active 
    ingredient (a.i.) of FOE 5043 per acre depending on the soil texture 
    and soil organic matter content. Tank mix combinations with selected 
    products may provide additional weed control.
        2. FOE 5043 Safety. Bayer has submitted over 65 separate toxicology 
    studies in support of tolerances for FOE 5043. Among the submissions, a 
    finding of particular interest was the observation that in the long-
    term data compiled for FOE 5043, provided no indications of a potential 
    to induce either carcinogenic or reproductive signs of toxicity. In 
    addition, developmental no-observed-adverse effects levels (NOAELs) of 
    25 milligrams body weight per day (mg/kg bwt/day) were established for 
    both the rat and rabbit.
        The following mammalian toxicity studies have been conducted to 
    support the tolerance of AXIOM DF (contains FOE 5043 and metribuzin):
        i. A rat acute oral study with an LD50 of 2,347 mg/kg (male) 
    and 2,027 mg/kg (female).
        ii. A rabbit acute dermal with an LD50 of > 2,000 mg/kg.
        iii. A rat acute inhalation with an LD50 of > 977 mg/m3.
        iv. A primary eye irritation study in the rabbit which showed mild 
    irritation.
        v. A primary dermal irritation study which showed no irritation.
        vi. A primary dermal sensitization study which showed no 
    sensitization.
        The following mammalian toxicity studies, derived from exposure to 
    the technical form of the chemical, have been conducted to support the 
    tolerance of FOE 5043:
        i. A rat acute oral study with an LD50 of 1,617 mg/kg (male) 
    and 589 mg/kg (female).
        ii. A rat acute dermal LD50 of 2,000 mg/kg bwt.
        iii. A rat acute inhalation LC50 of 3,740 mg/m3 (male and 
    female).
        iv. A primary eye irritation study in the rabbit which showed no 
    irritation.
        v. A primary dermal irritation study which showed no irritation.
        vi. A primary dermal sensitization study which showed no 
    sensitization.
        vii. An acute neurotoxicity study with a no-observed effect level 
    (NOEL) for FOB, motor and locomotor activity of 75 mg/kg bwt/day for 
    males and females.
        viii. A 90-day feeding study in the rat with a NOEL of 1.7 mg/kg 
    bwt/day.
        ix. A 90-day subchronic neurotoxicity study in the rat with a 
    neurotoxicity and overall NOEL of 120 ppm.
        x. A 24-months chronic feeding/oncogenicity study in the rat with 
    an overall NOEL of 1.2 mg/kg bwt/day in males and females based on 
    liver, kidney, hematologic and thyroid effects. There was no evidence 
    of an oncogenic response.
        xi. A 90-day feeding study in dogs with a NOEL of 50 ppm, based on 
    liver hematology, and thyroid effects.
        xii. A 12-month feeding study in dogs with a NOEL of 40 ppm, based 
    on hematology and thyroid effects.
        xiii. A mouse oncogenicity study which provided no evidence of 
    oncogenicity.
        xiv. An oral teratology study in the rat with maternal and 
    developmental NOAELs of 25 mg/kg bwt/day.
        xv. An oral teratology study in the rabbit with maternal and fetal 
    NOELs of 5 and 25 mg/kg bwt/day respectively.
        xvi. An two-generation reproduction study in the rat with a NOEL 
    for reproductive and parental toxicity of 500 and 20 ppm, respectively.
        xvii. Ames assay: Negative
        xviii. Unscheduled DNA synthesis: Negative
        xix. Mouse Micronucleus Assay: Negative.
        3. Threshold effects-- chronic effects. Based on the available 
    chronic toxicity data, Bayer believes the Reference Dose (RfD) for FOE 
    5043 should be 0.0114 mg/kg/day. The RfD for FOE 5043 is based on a 1 
    year chronic toxicity study in the dog with a threshold No Observed 
    Effect Level (NOEL) of 1.14 mg/kg/day and an uncertainty factor of 100.
        Acute toxicity. EPA recently proposed a tiered approach to estimate 
    acute dietary exposure. The methods proposed by the EPA were reviewed 
    and supported by the FIFRA Scientific Advisory Panel (SAP, 1995). EPA's 
    Tier 1 method is based on the assumption that residue concentrations do 
    not vary. The analysis assumes that all residues have the same 
    magnitude, typically the highest field trial residue or tolerance 
    value. This value is assumed for all
    
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    points along the consumption distribution, resulting in a distribution 
    of dietary exposure.
        For the acute analysis for FOE 5043, a Tier 1 analysis was 
    conducted for the overall U.S. population, infants, children 1 to 6 
    years of age, females 13 years and older, and males 13 years and older. 
    Using the NOEL of 138 mg/kg derived from the acute oral toxicity study 
    in rats, the following margins of exposure were calculated (margins of 
    exposure of 100 or more are considered satisfactory):
    
    ------------------------------------------------------------------------
                 Population Group                    Margin of Exposure     
    ------------------------------------------------------------------------
    U.S. Population-All Seasons...............  94,741                      
    Infants...................................  64,986                      
    Children 1 to 6...........................  76,494                      
    Women 13 to 50 years old..................  191,418                     
    Men 13 years and older....................  109,805                     
    ------------------------------------------------------------------------
    
        4. Non-threshold Effects-- carcinogenicity. Using the Guidelines 
    for Carcinogen Risk Assessment, Bayer believes FOE 5043 to be in Group 
    E for carcinogenicity--no evidence of carcinogenicity--based on the 
    results of carcinogenicity studies in three species. There was no 
    evidence of carcinogenicity in an 18-month feeding study in mice, a 2-
    year feeding study in rats, or a 1-year feeding study in dogs at the 
    dose levels tested. The doses tested are adequate for identifying a 
    cancer risk. Thus, a cancer risk assessment should not be necessary for 
    FOE 5043.
        5. Aggregate Exposure. For purposes of assessing the potential 
    dietary exposure under the proposed tolerances for FOE 5043, the 
    estimated aggregate exposure was based on the Theoretical Maximum 
    Residue Concentrations (TMRC) and the proposed tolerances (The TMRC is 
    a worst case estimate of dietary exposure since it is assumed that 100 
    % of all crops for which tolerances are established are treated and 
    that pesticide residues are present at the tolerance levels.). 
    Registration for FOE 5043 and AXIOM are currently being sought on field 
    corn and soybeans. FOE 5043 and AXIOM are not registered for any uses. 
    Tolerances are proposed (pesticide petition number 6F 4631) for FOE 
    5043 on the following Raw Agricultural Commodities (RAC); field corn 
    grain (0.05 ppm), forage (0.4 ppm) and stover (fodder) (0.4 ppm), 
    soybean seed (0.1 ppm), milk (0.01 ppm), meat (0.05 ppm), and meat 
    byproducts (0.05 ppm). The TMRC is obtained by multiplying the 
    tolerance level for these commodities by consumption data which 
    estimates the amounts of corn and soybean products eaten by various 
    human population subgroups. Tolerances are proposed for milk, meat and 
    meat byproducts because residues for FOE 5043 can be transferred from 
    corn and soybean based feeds through livestock to humans.
        This dietary exposure estimate assumes that 100% of these crops are 
    treated with FOE 5043 and that the residues of FOE 5043 found in these 
    crops would occur at the proposed tolerance levels. These assumptions 
    result in an overestimate of exposure. In making a safety determination 
    for these tolerances this conservative exposure estimate has been taken 
    into account.
        Other potential sources of exposure of the general population to 
    residues of FOE 5043 are residues in drinking water and exposure from 
    non-occupational sources. In ongoing ground water monitoring studies, 
    trace levels of FOE 5043 residues (less that 1 part per billion (ppb) 
    total residues) have been detected in ground water. These studies are 
    being performed at sites with vulnerable shallow aquifers and large 
    amounts of irrigation are being applied monthly. The highest residue 
    level detected is well below the anticipated life-time Health Advisory 
    Level of 84 ppb. If residues of FOE 5043 do occur in ground water used 
    for drinking water they will be far below the level which causes 
    concern. Based on the available data, no significant residues of FOE 
    5043 are anticipated to occur in surface water used for drinking water. 
    Since registration is not being sought for any residential or homeowner 
    uses no other potential for exposure to FOE 5043 residues exists.
        The toxicological profile for FOE 5043 is fundamentally 
    characterized by structural- and functional-related alterations in 
    thyroid, hematologic and hepatic parameters. These sort of changes are 
    not uncommon among herbicides. Since residues of FOE 5043 and its 
    degradates will occur in raw agricultural commodities and processed 
    foods in the high parts per billion or low parts per million range 
    there is no compelling evidence that suggests a cumulative effect 
    (i.e., potentiated, additive, or synergistic response) might occur or 
    be anticipated in the human following exposure to multiple chemical 
    agents with similar toxicological profiles and/or mechanisms of 
    toxicity.
        6. Determination of safety for U.S. population--Reference dose 
    (RfD). Using the conservative exposure assumptions described above, 
    based on the completeness and reliability of the toxicity data, the 
    aggregate exposure to FOE 5043 will utilize 2.1% of the RfD for the 
    U.S. population. EPA generally has no concern for exposures below 100 % 
    of the RfD. Therefore, based on the completeness and reliability of the 
    toxicity data and the conservative exposure assessment, Bayer concludes 
    that there is a reasonable certainty that no harm will result from 
    aggregate exposure to residues of FOE 5043, including all anticipated 
    dietary exposure and all other non-occupational exposures.
        7. Determination of Safety for Infants and Children. The 
    possibility of FOE 5043 induced developmental toxicity was suggested in 
    preliminary and non-definitive toxicity studies using rats (> 175 mg/kg 
    bwt/day) and rabbits (> 125 mg/kg bwt/day). However NOAELs for 
    developmental effects were ultimately established in the definitive 
    studies. Those values, as mentioned previously, were 25 mg/kg bwt/day 
    in the rat and 25 mg/kg bwt/day in the rabbit.
        Reference Dose (RfD). Using the conservative exposure assumptions 
    described previously, Bayer has concluded that the percent of the RfD 
    utilized by aggregate exposure to residues of FOE 5043 ranges from 1.1 
    % for non-nursing infants, up to 5.2 % for children 1 to 6 years old. 
    EPA generally has no concern for exposure below 100 % of the Reference 
    Dose. Therefore, based on the completeness and 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 FOE 
    5043, including all anticipated dietary exposure and all other non-
    occupational exposures.
        8. Estrogenic Effects. No specific tests have been conducted with 
    FOE 5043 to determine whether the pesticide may have an effect in 
    humans that is similar to an effect produced by a naturally occurring 
    estrogen or other endocrine effects.
        9. Chemical Residue. The qualitative nature of the residues in 
    plants and animals is adequately understood for the purposes of 
    registration. Residues of FOE 5043 do concentrate slightly (1.6x) in 
    the processed commodity of corn grits. No tolerance has been proposed 
    for residue of FOE 5043 in corn grits because anticipated residues are 
    less than two times the limit of quantitation for the analytical 
    method. There are no Codex maximum residue levels established for 
    residues of FOE 5043 on any crop. Bayer has submitted a practical 
    analytical method for detecting and measuring levels of FOE 5043 in or 
    on food with a limit of detection that allows monitoring of food with 
    residues at or above the proposed tolerance levels. EPA will provide 
    information on
    
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    this method to FDA. The method is available to anyone who is interested 
    in pesticide residue enforcement from the EPA's Field Operations 
    Division, Office of Pesticide Programs.
        Fifty-five separate residue trials have been conducted with FOE 
    5043 on corn and soybeans. Analysis of these trials shows that the 
    maximum total combined residue for FOE 5043 and its major metabolites 
    in any commodity will be at/below 9.75 ppm. Residues occurred at this 
    level in soybean dry hay. However, no tolerances have been proposed for 
    residues of FOE 5043 on soybean hay because the proposed labels for 
    products containing FOE 5043 do not allow livestock to be fed with FOE 
    5043 treated soybean hay.
        Tolerances have been requested for residues of FOE 5043 and its 
    major metabolites on field corn grain (0.05 ppm), forage (0.4 ppm) and 
    stover (fodder) (0.4 ppm) and soybean seed (0.1 ppm), milk (0.01 ppm), 
    meat (0.05 ppm), and meat byproducts (0.05 ppm).
        The proposed tolerance levels are adequate to cover residues likely 
    to be present from the proposed use of FOE 5043. Therefore, no special 
    processing to reduce the residues will be necessary.
        There is no need for tolerances in poultry or eggs since there is 
    no reasonable expectation of residues in these materials based on the 
    results of poultry metabolism studies, as well as the corn and soybean 
    metabolism and rotational crop studies. Calculated transfer factors are 
    extremely low and maximum expected residues in poultry and eggs would 
    be in the low parts per billion or high parts per trillion range. The 
    anticipated residues in poultry tissues and eggs resulting from feeding 
    poultry FOE 5043 treated corn and or soybeans would be far below the 
    limit of quantitation of the analytical residue method.
        No FOE 5043 food additive tolerances are proposed for field corn 
    starch (wet milling), field corn refined oil (wet milling), field corn 
    flour (dry milling) and field corn refined oil (dry milling) because no 
    residues were detected above the limit of quantitation in this 
    processed commodity.
        Additionally, no FOE 5043 food additive tolerances are proposed in 
    field corn grits (dry milling) field corn meal (dry milling), soybean 
    meal, soybean hulls, and soybean refined oil because the measured 
    concentration, when adjusted for the exaggerated application rate, was 
    less that two times the limit of quantitation.
        No feed additive tolerances are proposed for FOE 5043 in the 
    aspirated grain fractions of corn and soybeans. With pre-plant and or 
    pre-emergent modes of application for AXIOM DF and FOE 5043 DF, no 
    residues were expected on the seed surface in the corn and soybean 
    magnitude of residue studies. Therefore, no aspirated grain fractions 
    were collected for analysis. A tolerance has not been proposed for 
    soybean forage because feeding soybean hay and forage (silage) to 
    livestock animals is not permitted by the proposed label.
        Also, no feed additive tolerances are proposed for soybean meal or 
    hulls since the measured concentration in the soybean processing study 
    for these feeds, when adjusted for the exaggerated application rate, 
    was less that two times the limit of quantitation.
        No tolerances are proposed for corn milled by-products. Table II 
    (September 1995) advises use residue data for corn dry-milled processed 
    commodities having the highest residues, excluding oils. No residues 
    were detected in the dry-milled processed commodities above the limit 
    of quantitation.
        10. Environmental Fate. Laboratory studies indicate that FOE 5043 
    residue has the potential to be moderately mobile in soil. However the 
    results of field dissipation studies performed in Wisconsin and North 
    Carolina, both corn and/or soybean producing states, indicate that 
    downward movement of FOE 5043 residue is limited, with no quantifiable 
    residues being found below 18 inches. These studies were conducted 
    under conditions conducive to downward movement of FOE 5043 and 
    degradates (very high sand content, low organic matter, and large 
    volumes of applied irrigation).
        FOE 5043 has been found to be stable to chemical hydrolysis in the 
    pH range of environmental concern. The compound is also stable in water 
    and soil when exposed to artificial sunlight.
        Microbial degradation is the principal means of dissipation in 
    soil. Half-lives for aerobic microbial degradation range from 10 to 34 
    days in varying soil types at the anticipated field application rate. 
    Degradation of FOE 5043 in soil under aerobic conditions occurs by 
    cleavage of the thiadiazole ring to form 3-trifluoromethyl-1,3,4-
    thiadiazol-2(3H)one (FOE thiadone) and the corresponding alcohol, N-(4-
    flurophenyl)-2-hydroxy-N-(1-methylethyl)acetamide. The FOE thiadone is 
    further metabolized to CO2, and the alcohol is subsequently oxidized to 
    [4-flurophenyl)(1-methylethyl)amino]oxoacetic acid. Another major 
    degradation product of FOE 5043 is 4-fluoro-N-methylethylaniline-
    sulfoacetamide which is proposed to form through the oxidation of a 
    cysteine conjugate intermediate. (PM 22)
    
    PP 5F4577
    
        EPA has received a pesticide petition (PP) 5F4577 from Bayer 
    Corporation, 8400 Hawthorn Rd., P.O. Box 4913, Kansas City, MO 64120-
    0013 proposing, pursuant to section 408(d) of the Federal Food, Drug 
    and Cosmetic Act (FFDCA), 21 U.S.C. 346a, to amend 40 CFR 180.474 by 
    establishing tolerances for residues of the fungicide tebuconazole in 
    or on the raw agricultural commodities grass forage at 8.0 ppm and 
    grass hay at 25.0 ppm and tolerances for residues of the fungicide 
    tebuconazole in or on the raw agricultural commodities cattle liver at 
    0.2 ppm, cattle kidney at 0.2 ppm, cattle meat byproducts at 0.2 ppm, 
    and milk at 0.1 ppm. The proposed analytical method for determining 
    residues uses gas-liquid chromatography coupled with a thermionic 
    detector. EPA has determined that the petition contains data or 
    information regarding the elements set forth in section 408(d)(2); 
    however EPA has not fully evaluated the sufficiency of the submitted 
    data at this time or whether the data supports granting of the 
    petition. Additional data may be needed before EPA rules on the 
    petition. (PM 21)
        Tebuconazole is a sterol demethylation inhibitor (DMI) fungicide. 
    It is systemic and shows activity against rusts (Puccinia spp.) and 
    powdery mildew infecting grasses grown for seed. Tebuconazole provides 
    protective activity by preventing completion of the infection process. 
    It is rapidly absorbed by plants and is translocated systemically in 
    the young growing tissues.
    
    A. Residue Chemistry
    
        1. Plant and livestock metabolism. Bayer believes the nature of the 
    residue in plants and animals is adequately understood. The residue of 
    concern is the parent compound only, as specified in 40 CFR 180.474.
        2. Analytical method. Bayer has submitted an enforcement method for 
    plant commodities has been validated on various commodities. It has 
    undergone successful EPA validation and has been submitted for 
    inclusion in PAM II. The method should be adequate for grasses grown 
    for seed. The animal method has also been approved as an adequate 
    enforcement method and will be submitted to FDA for inclusion in PAM 
    II.
        3. Magnitude of residue. Nine separate residue trials have been 
    conducted and submitted to the EPA with tebuconazole on grasses grown 
    for seed. The EPA has
    
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    determined that these data show that residues of 
    tebuconazole,-[2-(4-Chlorophenyl)ethyl]--(1,1-
    dimethylethyl)-H-1,2,4-triazole-1-eth anol, are not expected to exceed 
    8 ppm in grass forage and 25 ppm in grass hay as a result of the 
    proposed use. In addition, the EPA has determined that tolerances are 
    needed for the following animal commodities: cattle liver, kidney and 
    meat byproducts at 0.2 ppm and milk at 0.1 ppm. The tolerance 
    expression for the animal commodities will include the HWG 2061 
    metabolite,-[2-(4-Chlorophenyl)-ethyl]--[(2-hydroxy-
    1,1-dimethyl)ethyl]-1H-1,2,4triazole-1-ethanol, in addition to the 
    parent.
        No processed commodities are associated with the proposed use on 
    grasses grown for seed. In addition, due to the nature of the crop, 
    rotational crops will not be an issue.
    
    B. Toxicological Profile of Tebuconazole
    
        1. Acute toxicity. i. Rat acute oral study with an LD50 of > 
    5,000 mg/kg (male) and 3,933 mg/kg (female)
        ii. Rabbit acute dermal of LD50 of > 5,000 mg/kg
        iii. Rat acute inhalation of LC50 of > 0.371 mg/l
        iv. Primary eye irritation study in the rabbit which showed mild 
    irritation reversible by day 7
        v. Primary dermal irritation study which showed no skin irritation
        vi. Primary dermal sensitization study which showed no 
    sensitization
        2. Genotoxicity. i. An Ames mutagenesis study in Salmonella showed 
    no mutagenicity with or without metabolic activation.
        ii. A micronucleus mutagenesis assay study in mice showed no 
    genotoxicity.
        iii. A sister chromatid exchange mutagenesis study using CHO cells 
    was negative at dose levels 4 to 30 g/mL without activation or 
    15 to 120 g/mL with activation.
        iv. An unscheduled DNA synthesis (UDS) study was negative for UDS 
    in rat hepatocytes.
        3. Reproductive and developmental toxicity. i. A rat oral 
    developmental toxicity study with a maternal NOEL of 30 milligrams per 
    kilogram of body weight per day (mg/kg bwtt/day) and an LEL of 60 mg/kg 
    bwtt/day based on elevation of absolute and relative liver weights. For 
    developmental toxicity, a NOEL of 30 mg/kg bwtt/day and an LEL of 60 
    mg/kg bwtt/day was determined, based on delayed ossification of 
    thoracic, cervical and sacral vertebrae, sternum, fore and hind limbs 
    and increase in supernumerary ribs.
        ii. A rabbit oral developmental toxicity study with a maternal NOEL 
    of 30 mg/kg bwt/day and an LEL of 100 mg/kg bwt/day based on depression 
    of body weight gains and food consumption. A developmental NOEL of 30 
    mg/kg bwt/day and an LEL of 100 mg/kg bwt/day were based on increased 
    post-implantation losses, from both early and late resorptions and 
    frank malformations in eight fetuses of five litters.
        iii. A mouse oral developmental toxicity study with a maternal NOEL 
    of 10 mg/kg bwt/day and an LEL of 20 mg/kg bwt/day based on a 
    supplementary study indicating reduction in hematocrit and histological 
    changes in liver. A developmental NOEL of 10 mg/kg bwt/day and an LEL 
    of 30 mg/kg bwt/day based on dose-dependent increases in runts/dam at 
    30 and 100 mg/kg bwt/day.
        iv. A mouse dermal developmental toxicity study with a maternal 
    NOEL of 30 mg/kg bwt/day and an LEL of 60 mg/kg bwt/day based on a 
    supplementary study indicating increased liver microsomal enzymes and 
    histological changes in liver. The NOEL for developmental toxicity in 
    the dermal study in the mouse is 1,000 mg/kg bwt/day, the highest dose 
    tested (HDT).
        v. A two-generation rat reproduction study with a dietary maternal 
    NOEL of 15 mg/kg bwt/day (300 ppm) and an LEL of 50 mg/kg bwt/day 
    (1,000 ppm) based on depressed body weights, increased spleen 
    hemosiderosis, and decreased liver and kidney weights. A reproductive 
    NOEL of 15 mg/kg bwt/day (300 ppm) and an LEL of 50 mg/kg bwt/day 
    (1,000 ppm) were based on neonatal birth weight depression.
        4. Subchronic toxicity. i. 28-day feeding study in the rat with a 
    NOEL of 30 mg/kg/day and a LEL of 100 mg/kg/day based on changes in 
    hematology and clinical chemistry parameters.
        ii. A 90-day rat feeding study with a no-observed-effect level 
    (NOEL) of 34.8 (mg/kg bwt/day) (400 ppm) and a lowest-effect-level 
    (LEL) of 171.7 mg/kg bwt/day (1,600 ppm) in males, based on decreased 
    body weight gains and histological changes in the adrenals. For 
    females, the NOEL was 10.8 mg/kg bwt/day (100 ppm) and the LEL was 46.5 
    mg/kg bwt/day (400 ppm) based on decreased body weights, decreased body 
    weight gains, and histological changes in the adrenals.
        iii. A 90-day dog-feeding study with a NOEL of 200 ppm (73.7 mg/kg 
    bwt/day in males and 73.4 mg/kg bwt/day in females) and an LEL of 1,000 
    ppm (368.3 mg/kg bwt/day in males and 351.8 mg/kg bwt/day in females). 
    The LEL was based on decreases in mean body weights, body weight gains, 
    and food consumption, and an increase in liver N-demethylase activity.
        5. Chronic toxicity i. A 2-year rat chronic feeding study defined a 
    NOEL of 7.4 mg/kg bwt/day (100 ppm) and an LEL of 22.8 mg/kg bwt/day 
    (300 ppm) based on body weight depression, decreased hemoglobin, 
    hematocrit, MCV and MCHC, and increased liver microsomal enzymes in 
    females. Tebuconazole was not oncogenic at the dose levels tested (0, 
    100, 300, and 1,000 ppm).
        ii. A 1-year dog feeding study with a NOEL of 1 mg/kg bwt/day (40 
    ppm) and an LEL of 5 mg/kg bwt/day (200 ppm), based on lenticular and 
    corneal opacity and hepatic toxicity in either sex (the current 
    Reference Dose was determined based on this study). A subsequent 1-year 
    dog feeding study, using lower doses to further define the NOEL for 
    tebuconazole, defines a systemic LOEL of 150 ppm (based on adrenal 
    effects in both sexes) and a systemic NOEL of 100 ppm.
        iii. A mouse oncogenicity study at dietary levels of 0, 20, 60, and 
    80 ppm for 21 months did not reveal any oncogenic effect for 
    tebuconazole at any dose tested. Because the maximum-tolerated-dose 
    (MTD) was not reached in this study, the study was classified as 
    supplementary. A follow-up mouse study at higher doses (0, 500, and 
    1,500 ppm in the diet), with an MTD at 500 ppm, revealed statistically 
    significant incidences of hepatocellular adenomas and carcinomas in 
    males and carcinomas in females. The initial and follow-up studies, 
    together with supplementary data were classified as core minimum.
        6. Animal metabolism. A general rat metabolism study at dietary 
    levels of 2 and 20 mg/kg showed rapid elimination from the rat in 3 
    days (some 99% excreted by the feces and urine and 0.0304% in expired 
    air). Increased concentrations of radioactivity from the active 
    ingredient and metabolites were found only in the liver. The bones and 
    the brain were among the tissues showing the least amount of 
    radioactivity.
        7. Metabolite toxicity. The residue of concern in plants is the 
    parent compound, tebuconazole, only. For animal commodities, the EPA 
    has determined that the tolerance expression should include the HWG 
    2061 metabolite, -[2-(4 -Chlorophenyl)-ethyl]--[(2-
    hydroxy-1,1-dimethyl)ethyl]-1H-1,2,4triazole-1-ethanol. An acute oral 
    toxicity study has been submitted to the EPA on this metabolite. This 
    study shows an oral LD50 of > 5,000 for female rats. This value 
    indicates that the HWG 2061 metabolite is relatively innocuous and less 
    acutely toxic than tebuconazole.
    
    [[Page 15695]]
    
        8. Endocrine effects. No special studies investigating potential 
    estrogenic or endocrine effects of tebuconazole 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. These 
    studies are generally considered to be sufficient to detect any 
    endocrine effects but no such effects were noted in any of the studies 
    with either tebuconazole or its metabolites.
        9. Carcinogenicity. EPA's Carcinogenicity Peer Review Committee 
    (CPRC) has classified tebuconazole as a Group C carcinogen (possible 
    human carcinogen). This classification is based on the Agency's 
    ``Guidelines for Carcinogen Risk Assessment'' published in the Federal 
    Register of September 24, 1986 (51 FR 33992). The Agency has chosen to 
    use the reference dose calculations to estimate human dietary risk from 
    tebuconazole residues. The decision supporting classification of 
    tebuconazole as a possible human carcinogen (Group C) was primarily 
    based on the statistically significant increase in the incidence of 
    hepatocellular adenomas, carcinomas, and combined adenomas/carcinomas 
    in both sexes of NMRI mice both by positive trend and pairwise 
    comparison at the highest dose tested.
    
    C. Aggregate Exposure
    
        1. Dietary (food) exposure. For purposes of assessing the potential 
    dietary exposure from food under the proposed tolerances, Bayer has 
    been advised that the EPA has estimated exposure based on the 
    Theoretical Maximum Residue Contribution (TMRC) derived from the 
    previously established tolerances for tebuconazole on cherries, 
    peaches, bananas, barley, oats, wheat, and peanuts as well as the 
    proposed tolerances for tebuconazole on milk at 0.1 ppm and cattle 
    liver, kidney and meat byproducts at 0.2 ppm. The TMRC is obtained by 
    using a model which multiplies the tolerance level residue for each 
    commodity by consumption data which estimate the amount of each 
    commodity and products derived from the commodities that are eaten by 
    the U.S. population and various population subgroups. In conducting 
    this exposure assessment, the EPA has made very conservative 
    assumptions--100% of all commodities will contain tebuconazole 
    residues, and those residues would be at the level of the tolerance--
    which result in a large overestimate of human exposure. Thus, in making 
    a safety determination for these tolerances, the Agency took into 
    account this very conservative exposure assessment.
        2. Dietary (drinking water) exposure. There is no Maximum 
    Contaminant Level established for residues of tebuconazole. Bayer was 
    advised by the Environmental Fate and Ground Water Branch's (EFGWB) May 
    26, 1993 memorandum for our application for use on bananas and peanuts 
    that all environmental fate data requirements for tebuconazole were 
    satisfied. The EFGWB had determined that tebuconazole is resistant to 
    most degradative processes in the environment, including hydrolysis, 
    photolysis in water and aerobic and anaerobic metabolism. Only minor 
    degradation occurred in soil photolysis studies. The photolytic half-
    life of tebuconazole is 19 days. Laboratory and field studies have 
    shown that the mobility of tebuconazole in soil is minimal. Therefore, 
    Bayer concludes that tebuconazole bears no apparent risk to ground 
    water under most circumstances.
        3. Non-dietary exposure. Although current registrations and the 
    proposed use for grasses grown for seed are limited to commercial crop 
    production, Bayer has submitted an application to register tebuconazole 
    on turf. Bayer has conducted an exposure study designed to measure the 
    upper bound acute exposure potential of adults and children from 
    contact with tebuconazole treated turf. The population considered to 
    have the greatest potential exposure from contact with pesticide 
    treated turf soon after pesticides are applied are young children. 
    Margins of exposure (MOE) of 1,518 8,561 for 10-year-old children and 
    1,364 - 7,527 for 5-year-old children were estimated by comparing 
    dermal exposure doses to the tebuconazole no-observable effect level of 
    1,000 mg/kg/day established in a subacute dermal toxicity study in 
    rabbits. The estimated safe residue levels for tebuconazole on treated 
    turf for 10-year-old children ranged from 4.8 - 27.3 g/
    cm2 and for 5-year-old children from 4.4 - 24.0 g/
    cm2. This compares with the average tebuconazole transferable 
    residue level of 0.319 g/cm2 present immediately after 
    the sprays have dried. Bayer concludes that these data indicate that 
    children can safely contact tebuconazole-treated turf as soon after 
    application as the spray has dried.
    
    D. Cumulative Effects
    
        At this time, the EPA has not made a determination that 
    tebuconazole and other substances that may have a common mechanism of 
    toxicity would have cumulative effects. Therefore, for this tolerance, 
    Bayer has considered only the potential risks of tebuconazole in its 
    aggregate exposure.
    
    E. Safety Determination
    
        1. U.S. population. Chronic Dietary Exposure: Based on a complete 
    and reliable toxicity database, the EPA has adopted an RfD value of 
    0.03 mg/kg/day. This RfD is based on a 1-year dog study with a NOEL of 
    2.96 mg/kg/day and an uncertainty factor of 100. Using the conservative 
    exposure assumptions described above, Bayer has been advised that the 
    EPA has concluded that aggregate dietary exposure to tebuconazole from 
    the previously established and the proposed tolerances will utilize 5.1 
    % of the RfD for the U.S. population (48 states) and 30.7% of the RfD 
    for the most highly exposed population subgroup (non-nursing infants, 
    <1 year="" old).="" there="" is="" generally="" no="" concern="" for="" exposures="" below="" 100="" %="" of="" 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.="" therefore,="" bayer="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" aggregate="" exposure="" to="" tebuconazole.="" 2.="" acute="" dietary="" exposure.="" epa="" recently="" proposed="" a="" tiered="" approach="" to="" estimate="" acute="" dietary="" exposure.="" the="" methods="" proposed="" by="" the="" epa="" were="" reviewed="" and="" supported="" by="" the="" fifra="" scientific="" advisory="" panel="" (sap,="" 1995).="" epa's="" tier="" 1="" method="" is="" based="" on="" the="" assumption="" that="" residue="" concentrations="" do="" not="" vary.="" the="" analysis="" assumes="" that="" all="" residues="" have="" the="" same="" magnitude,="" typically="" the="" highest="" field="" trial="" residue="" or="" tolerance="" value.="" this="" value="" is="" assumed="" for="" all="" points="" along="" the="" consumption="" distribution,="" resulting="" in="" a="" distribution="" of="" dietary="" exposure.="" bayer="" has="" been="" advised="" that="" the="" epa="" conducted="" an="" acute="" dietary="" analysis="" using="" the="" noel="" of="" 10="" mg/kg/day="" for="" developmental="" toxicity="" in="" the="" mouse.="" the="" epa="" has="" calculated="" a="" high="" end="" margin="" of="" exposure="" (moe)="" value="" of="" 1,000="" for="" the="" population="" subgroup="" of="" concern="" (females="" 13+).="" in="" addition,="" bayer="" has="" calculated="" 95th="" percentile="" moe="" for="" the="" following="" population="" groups:="" overall="" u.s.="" population="" (moe="2,528)," infants="" (moe="711)," children="" 1="" to="" 6="" years="" of="" age="" (moe="1,145)" ,="" females="" 13="" years="" and="" older="" (moe="4,285)," and="" males="" 13="" years="" and="" older="" (moe="3,685)." therefore,="" since="" epa="" considers="" values="" of="" 100="" or="" more="" satisfactory,="" there="" is="" no="" concern="" from="" acute="" dietary="" exposure.="" 3.="" infants="" and="" children.="" in="" assessing="" the="" potential="" for="" additional="" sensitivity="" of="" [[page="" 15696]]="" infants="" and="" children="" to="" residues="" of="" tebuconazole,="" the="" data="" from="" developmental="" studies="" in="" both="" rat="" and="" rabbit="" and="" a="" two-generation="" reproduction="" study="" in="" the="" rat="" should="" 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="" two="" generations,="" as="" well="" as="" any="" observed="" systemic="" toxicity.="" a="" developmental="" toxicity="" study="" in="" the="" rat,="" a="" developmental="" toxicity="" study="" in="" the="" rabbit,="" two="" developmental="" studies="" in="" the="" mouse="" and="" a="" 2-generation="" rat="" reproduction="" study="" have="" been="" conducted="" with="" tebuconazole.="" maternal="" and="" developmental="" toxicity="" noels="" of="" 30="" mg/kg/day="" were="" determined="" in="" the="" rat="" and="" rabbit="" studies.="" an="" oral="" mouse="" developmental="" toxicity="" study="" had="" maternal="" and="" developmental="" toxicity="" noels="" of="" 10="" mg/kg/day="" while="" the="" mouse="" dermal="" developmental="" study="" had="" a="" maternal="" noel="" of="" 30="" mg/kg/day="" and="" a="" developmental="" toxicity="" noel="" of="" 1,000="" mg/kg/day.="" the="" parental="" and="" reproductive="" noels="" in="" the="" 2-="" generation="" rat="" reproduction="" study="" were="" determined="" to="" be="" 15="" mg/kg/day="" (300="" ppm).="" in="" all="" cases,="" the="" reproductive="" and="" developmental="" noels="" were="" greater="" than="" or="" equal="" to="" the="" parental="" noels.="" this="" indicates="" that="" tebuconazole="" does="" not="" pose="" any="" increased="" risk="" to="" infants="" or="" children.="" 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="" tebuconazole="" relative="" to="" pre-="" and="" post-="" natal="" effects="" is="" complete.="" further="" for="" tebuconazole,="" the="" noel="" of="" 2.96="" mg/kg/bwtt="" from="" the="" 1-year="" dog="" study,="" which="" was="" used="" to="" calculate="" the="" rfd,="" is="" already="" lower="" than="" the="" noels="" from="" the="" developmental="" studies="" in="" rats="" (30="" mg/kg="" bwt/day)="" and="" rabbits="" (30="" mg/kg="" bwt/day)="" by="" a="" factor="" of="" 10="" times.="" since="" a="" hundredfold="" uncertainty="" factor="" is="" already="" used="" to="" calculate="" the="" rfd,="" bayer="" surmises="" that="" an="" additional="" uncertainty="" factor="" is="" not="" warranted="" and="" that="" the="" rfd="" at="" 0.03="" mg/kg/bwtt/day="" is="" appropriate="" for="" assessing="" aggregate="" risk="" to="" infants="" and="" children.="" using="" the="" conservative="" exposure="" assumptions,="" bayer="" has="" concluded="" from="" the="" epa's="" recent="" chronic="" dietary="" analysis="" that="" the="" percent="" of="" the="" rfd="" utilized="" by="" aggregate="" exposure="" to="" residues="" of="" tebuconazole="" ranges="" from="" 14.2%="" for="" children="" 1="" to="" 6="" years="" old="" up="" to="" 30.7%="" for="" non-nursing="" infants.="" epa="" generally="" has="" no="" concern="" for="" exposure="" below="" 100="" %="" of="" the="" rfd.="" therefore,="" based="" on="" the="" completeness="" and="" reliability="" of="" the="" toxicity="" data="" and="" the="" 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="" tebuconazole,="" including="" all="" anticipated="" dietary="" exposure="" and="" all="" other="" non-="" occupational="" exposures.="" f.="" international="" issues="" no="" codex="" maximum="" residue="" levels="" (mrls)="" have="" been="" established="" for="" residues="" of="" tebuconazole="" on="" any="" crops="" at="" this="" time.="" data="" have="" not="" been="" submitted="" to="" the="" joint="" meeting="" of="" the="" food="" and="" agriculture="" organization="" panel="" of="" experts="" on="" pesticide="" residues="" in="" food="" and="" the="" environment="" and="" the="" world="" health="" organization="" expert="" group="" on="" pesticide="" residues="" (jmpr)="" to="" establish="" codex="" mrls="" for="" grasses="" grown="" for="" seed.="" g.="" mode="" of="" action="" tebuconazole,="" the="" active="" ingredient="" of="" folicur="" 3.6="" f="" is="" a="" sterol="" demethylation="" inhibitor="" (dmi)="" fungicide.="" it="" is="" systemic="" and="" shows="" activity="" against="" rusts="" (puccinia="" spp.)="" and="" powdery="" mildew="" infecting="" grasses="" grown="" for="" seed.="" tebuconazole="" provides="" protective="" activity="" by="" preventing="" completion="" of="" the="" infection="" process="" by="" direct="" inhibition="" of="" sterol="" synthesis.="" it="" is="" rapidly="" absorbed="" by="" plants="" and="" translocated="" systemically="" in="" the="" young="" growing="" tissues.="" 2.="" ciba="" crop="" protection="" 6f4656/6h5746="" epa="" has="" received="" pesticide="" petitions="" (pp)="" 6f4656/6h5746="" from="" ciba="" crop="" protection,="" ciba-geigy="" corporation,="" p.o.="" box="" 18300,="" greensboro,="" nc="" 27419,="" proposing="" pursuant="" to="" section="" 408(d)="" of="" the="" federal="" food,="" drug="" and="" cosmetic="" act="" (ffdca),="" 21="" u.s.c="" 346a,="" to="" amend="" 40="" cfr="" part="" 180="" by="" establishing="" tolerances="" for="" residues="" of="" the="" fungicide="" cyprodinil="" (4-="" cyclopropyl-6-methyl-n-phenyl-2-pyrimidinamine)="" in="" or="" on="" the="" agricultural="" commodities="" almond="" nutmeats="" at="" 0.04="" ppm,="" almond="" hulls="" at="" 0.1="" ppm,="" grapes="" at="" 3.0="" ppm,="" raisins="" at="" 3.0="" ppm,="" the="" pomefruit="" crop="" grouping="" at="" 0.1="" ppm,="" apple="" pomace="" -="" wet="" at="" 0.4="" ppm,="" and="" the="" stone="" fruit="" crop="" grouping="" at="" 2.0="" ppm.="" the="" proposed="" analytical="" method="" for="" determining="" residues="" uses="" high="" performance="" liquid="" chromatography="" with="" uv="" detection.="" epa="" has="" determined="" that="" the="" petition="" contains="" data="" or="" information="" regarding="" the="" elements="" set="" forth="" in="" section="" 408(d)(2);="" however="" epa="" has="" not="" fully="" evaluated="" the="" sufficiency="" of="" the="" submitted="" data="" at="" this="" time="" or="" whether="" the="" data="" supports="" granting="" of="" the="" petition.="" additional="" data="" may="" be="" needed="" before="" epa="" rules="" on="" the="" petition.="" (pm="" 21)="" a.="" cyprodinil="" uses="" cyprodinil="" is="" the="" first="" fungicide="" in="" a="" new="" chemical="" class="" known="" as="" the="" anilinopyrimidine="" and="" is="" active="" against="" important="" botrytis,="" monilinia="" and="" venturia="" diseases="" of="" deciduous="" fruit="" and="" nut="" crops.="" cyprodinil="" with="" a="" unique="" mode="" of="" action,="" controls="" pathogens="" resistant="" to="" other="" chemical="" classes.="" application="" rates="" range="" from="" 0.125="" to="" 0.5="" lb="" active="" ingredient="" per="" acre="" per="" application="" depending="" upon="" disease="" and="" time="" of="" application.="" b.="" residue="" chemistry="" 1.="" metabolism.="" ciba="" believes="" the="" metabolism="" of="" cyprodinil="" has="" been="" well="" characterized="" in="" plants="" and="" animals.="" the="" metabolism="" profile="" supports="" the="" use="" of="" an="" analytical="" enforcement="" method="" that="" accounts="" for="" only="" parent="" cyprodinil.="" 2.="" analytical="" methodology.="" ciba="" has="" submitted="" a="" practical="" analytical="" method="" involving="" extraction,="" filtration,="" and="" solid="" phase="" cleanup="" of="" samples="" with="" analysis="" by="" hplc="" and="" uv.="" the="" limits="" of="" quantitation="" (loq)="" for="" various="" commodities="" are="" as="" follows:="" fruit,="" grain,="" juice="" -="" 0.02="" ppm;="" forage,="" fodder,="" straw="" -="" 0.05="" ppm;="" and="" grapes="" -="" 0.01="" ppm.="" c.="" magnitude="" of="" residue="" this="" petition="" is="" supported="" by="" field="" residue="" trials="" conducted="" on="" almonds,="" grapes,="" and="" representative="" members="" of="" the="" pome="" fruit="" and="" the="" stone="" fruit="" crop="" groupings.="" all="" samples="" were="" analyzed="" for="" parent="" residues="" of="" cyprodinil.="" residues="" found="" in="" the="" almond="" nutmeats="" and="" hulls="" were="" all="" less="" than="" respective="" loq's="" of="" 0.02="" ppm="" and="" 0.05="" ppm.="" tolerances="" at="" twice="" the="" loq="" for="" these="" commodities="" have="" been="" proposed.="" in="" grapes,="" the="" maximum="" residues="" found="" for="" fresh="" fruit="" and="" raisins="" were="" 2.0="" ppm="" and="" 2.9="" ppm,="" respectively.="" residues="" did="" not="" concentrate="" in="" grape="" juice.="" tolerances="" of="" 3.0="" ppm="" for="" grapes="" and="" raisins="" have="" been="" requested.="" in="" pome="" fruit,="" maximum="" residues="" ranged="" from="" 0.030="" ppm="" to="" 0.061="" ppm.="" the="" results="" of="" a="" processing="" study="" on="" apples="" using="" exaggerated="" rates="" showed="" concentration="" of="" residues="" in="" wet="" pomace="" with="" an="" average="" concentration="" factor="" of="" 4x.="" residues="" in="" apple="" juice="" were="" not="" detectable="" at="" the="" loq="">< 0.01="" ppm).="" tolerances="" of="" 0.1="" ppm="" for="" the="" rac="" of="" the="" pome="" fruit="" crop="" grouping="" and="" 0.4="" ppm="" for="" wet="" apple="" pomace="" have="" been="" proposed.="" in="" stone="" fruit,="" maximum="" [[page="" 15697]]="" residues="" ranged="" from="" 0.82="" ppm="" to="" 1.7="" ppm.="" a="" tolerance="" of="" 2.0="" ppm="" has="" been="" proposed="" for="" the="" stone="" fruit="" crop="" grouping.="" based="" upon="" the="" results="" of="" a="" three="" level="" dairy="" feeding="" study,="" ciba="" believes="" no="" transfer="" of="" residue="" to="" animals="" is="" expected="" through="" their="" diet="" and="" that="" tolerances="" in="" milk,="" meat,="" poultry,="" and="" eggs="" are="" not="" required.="" d.="" international="" tolerances="" there="" are="" no="" codex="" alimentarius="" commission="" (codex)="" maximum="" residue="" levels="" (mrl's)="" established="" for="" residues="" of="" cyprodinil="" in="" or="" on="" raw="" agricultural="" commodities.="" e.="" toxicological="" profile="" of="" cyprodinil="" the="" following="" mammilian="" toxicity="" studies="" have="" been="" conducted="" to="" support="" the="" tolerances="" of="" cyprodinil:="" 1.="" a="" rat="" acute="" oral="" study="" for="" cyprodinil="" with="" a="">50 of 2,796 
    mg/kg.
        2. A rat acute dermal study for cyprodinil with a LD50 > 2,000 
    mg/kg.
        3. A rat inhalation study for cyprodinil with a LC50 > 1.2 mg/
    liter air.
        4. A primary eye irritation study in rabbits showing cyprodinil as 
    minimally irritating.
        5. A primary dermal irritation study in rabbits showing cyprodinil 
    as slightly irritating.
        6. A skin sensitization study in guinea pigs showing cyprodinil as 
    a weak sensitizer.
        7. A 28-day dermal study in the rat with a NOEL of 5 mg/kg based on 
    clinical signs.
        8. A 90-day feeding study in the dog with a NOEL of 1500 ppm (37.5 
    mg/kg) based on reduced food intake and body weight.
        9. A 90-day feeding study in the mouse with a NOEL of 500 ppm (75 
    mg/kg) based on liver histologic changes.
        10. A 90-day feeding study in the rat with a NOEL of 50 ppm (5 mg/
    kg) based on hematologic and histologic findings.
        11. A 12-month feeding study in the dog with a NOEL of 2,500 ppm 
    (62.5 mg/kg) based on liver histologic changes.
        12. An 18-month oncogenicity feeding study in the mouse with a NOEL 
    of 2,000 ppm (300 mg/kg). The MTD was 5,000 ppm based on reduction in 
    body weight gain and no evidence of oncogenicity was seen.
        13. A 24-month chronic feeding/oncogenicity study in the rat with a 
    NOEL of 75 ppm (3.75 mg/kg) based on hematologic and histologic 
    findings. The MTD was 2,000 ppm based on liver histopathology and no 
    evidence of oncogenicity was seen.
        14. An oral teratology study in the rat with a maternal NOEL of 200 
    mg/kg based on reductions in body weight gain and food consumption and 
    a fetal NOEL of 200 mg/kg based on decreased pup weight and delayed 
    skeletal growth at 1,000 mg/kg.
        15. An oral teratology study in the rabbit with a maternal NOEL of 
    150 mg/kg based on reduction in body weight gain and a fetal NOEL of 
    400 mg/kg based on the absence of any fetal effects.
        16. A 2-generation reproduction study in the rat with a systemic 
    NOEL of 100 ppm and a fetal NOEL of 1,000 ppm (100 mg/kg). A slight 
    decrease in pup weight at birth and subsequent body weight gain during 
    the lactation phase was observed only at the maternally toxic dose of 
    4,000 ppm without any effects on reproduction and fertility.
        17. In vitro gene mutation test: Ames assay - negative; Chinese 
    hamster V79 cell test - negative; rat hepatocyte DNA repair test - 
    negative.
        18. In vitro chromosome test: Chinese hamster ovary cell 
    cytogenetic test - negative.
        19. In vivo mutagenicity test: mouse bone marrow test - negative.
    
    F. Threshold Effects
    
        1. Chronic effects. Based on the available chronic toxicity data, 
    Ciba Crop Protection believes the Reference dose (RfD) for cyprodinil 
    is 0.0375 mg/kg/day. This RfD is based on a 2-year feeding study in 
    rats with aNo-Observed Effect Level (NOEL) of 3.75 mg/kg/day (75 ppm) 
    and an uncertainly factor of 100. No additional modifying factor for 
    the nature of effects was judged to be necessary as liver sinusoidal 
    dilatation was the most sensitive indicator of toxicity in that study.
        2. Acute toxicity. The risk from acute dietary exposure to 
    cyprodinil is considered to be very low. The lowest NOEL in a short 
    term exposure scenario, identified as 150 mg/kg in the rabbit 
    teratology study, is fortyfold higher than the chronic NOEL. Since 
    chronic exposure assessment did not result in any margin of exposure 
    less than 400 for even the most impacted population subgroup, Ciba 
    believes the margin of exposure is greater than 100 for any population 
    subgroups; EPA considers margins of exposure of 100 or more as 
    satisfactory.
    
    G. Non-threshold Effects
    
        Using the Guidelines for Carcinogenic Risk Assessment published 
    September 24, 1986 (51 FR 33992), Ciba believes cyprodinil to be in 
    Group ``E''( no evidence of carcinogenicity. There was no evidence of 
    carcinogenicity in an 18-month feed study in mice and a 24-month 
    feeding in rats. Dosage levels in both the mouse and the rat studies 
    were adequate for identifying a cancer risk.
    
    H. Aggregate Exposure
    
        1. Dietary exposure. For the purposes of assessing the potential 
    dietary exposure under the proposed tolerances, Ciba has estimated 
    aggregate exposure based upon the Theoretical Maximum Residue 
    Concentration (TMRC) from the requested tolerances: Almonds -- 0.04 ppm 
    for the raw agricultural commodity (RAC) and 0.1 ppm for hulls; Grapes 
    -- 3.0 ppm for the RAC and 3.0 ppm for raisins; Pome Fruit Crop 
    Grouping -- 0.1 ppm for the RAC and 0.4 ppm for apple wet pomace; and 
    Stone Fruit Crop Grouping -- 2.0 ppm for the RAC. The TMRC is a ``worst 
    case'' estimate of dietary exposure since it assumes 100 % of all crops 
    for which tolerances are established are treated and that pesticide 
    residues are at the tolerance levels. In conducting this exposure 
    assessment, Ciba has made very conservative assumptions -- 100% of all 
    almonds, grapes, pome fruit and stone fruit commodities will contain 
    cyprodinil residues at tolerance levels -- which result in an 
    overestimate of human exposure.
        2. Drinking water exposure. Cyprodinil is rapidly degraded in the 
    environment via photolysis and microbial degradation; aqueous and soil 
    photolysis half lives for cyprodinil are 12 days and 67 days, 
    respectively. The aerobic metabolism half life is 25 days and the 
    leaching potential for cyprodinil is low (Koc = 1,550 to 2,030). 
    Based on these data, Ciba does not anticipate exposure to residue of 
    cyprodinil in drinking water.
        3. Non-dietary exposure. Ciba believes that the potential for non-
    occupational exposure to the general public is unlikely except for 
    potential residues in food crops discussed above. The proposed uses for 
    cyprodinil are for agricultural crops and the product is not used 
    residentially in or around the home.
        Ciba believes that consideration of a common mechanism of toxicity 
    is not appropriate at this time since there is no information to 
    indicate that toxic effects produced by cyprodinil would be cumulative 
    with those of any other chemicals. Consequently, Ciba is considering 
    only the potential exposure to cyprodinil in its aggregate risk 
    assessment.
    
    I. Safety To the U.S. Population
    
        Reference dose. Using the conservative exposure assumptions 
    described above and based on the completeness and reliability of the 
    toxicity data base for cyprodinil, Ciba
    
    [[Page 15698]]
    
    has calculated aggregate exposure levels for this chemical. Based on 
    chronic toxicity endpoints, only 4% of the RfD will be utilized for the 
    U.S. general population. EPA usually 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. Ciba concludes that there is a 
    reasonable certainty that no harm will result from aggregate exposure 
    to cyprodinil residues.
    
    J. Safety to Infants and Children
    
        Developmental delays (reduced pup weight and ossification) were 
    observed in the rat teratology study and 2-generation rat reproduction 
    study at maternally toxic doses. The lowest NOEL for this effect was 
    established in the 2-generation study at 100 mg/kg (1,000 ppm). The 
    finding is judged to be a nonspecific, secondary effect of maternal 
    toxicity. No developmental toxicity was observed in the rabbit 
    teratology study.
        Reference dose. Using the same conservative exposure assumptions as 
    employed for the determination in the general population, Ciba has 
    calculated the utilization of RfD by aggregate exposure to residues of 
    cyprodinil to be 12% for nursing infants less than 1 year old, 22% for 
    non-nursing infants less than 1 year old, 12% for children 1 to 6 years 
    old, and 6% for children 7 to 12 years old. Ciba believes that under 
    the worst case assumptions which overestimate exposure to infants and 
    children, there is a reasonable certainty that no harm will result to 
    infants and children from aggregate exposure to cyprodinil residues.
    
    K. Estrogenic effects
    
        Cyprodinil does not belong to a class of chemicals known or 
    suspected of having adverse effects on the endocrine system. 
    Developmental toxicity studies in rats and rabbits and a reproduction 
    study in rats gave no indication that cyprodinil might have any effects 
    on endocrine function related to development and reproduction. The 
    chronic studies also showed no evidence of a long-term effect related 
    to the endocrine system.
    
    [FR Doc. 97-8397 Filed 4-1-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
04/02/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-8397
Dates:
Comments, identified by the docket control number PF-723, must be received on or before May 2, 1997.
Pages:
15690-15698 (9 pages)
Docket Numbers:
PF-723, FRL-5593-9
PDF File:
97-8397.pdf