98-16673. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
    [Notices]
    [Pages 34176-34184]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-16673]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-813; FRL-5795-1]
    
    
    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-813, must 
    be received on or before July 23, 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. 119, 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    
    ------------------------------------------------------------------------
    Mary Waller...................  Rm. 247, CM #2, 703-    1921 Jefferson  
                                     308-9354, e-            Davis Hwy,     
                                     mail:[email protected]m   Arlington, VA  
                                     ail.epa.gov.                           
    James Tompkins................  Rm. 239, CM #2, 703-                    
                                     305-5687, e-mail:                      
                                     tompkins.james@epamai.                             
    Stephanie Willett.............  Rm. 202, CM #2, 703-    Do.             
                                     305-5419, e-                           
                                     mail:willett.stephani                  
                                     e@epamail.epa.gov.                     
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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 supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
        The official record for this notice of filing, as well as the 
    public version, has been established for this notice of filing under 
    docket control number [PF-813] (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
    
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    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 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: June 12, 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. AgrEvo USA Company
    
    PP 4F4380
    
        EPA has received a pesticide petition (PP [4F4380]) from AgrEvo USA 
    Company, 2711 Centerville Road, Wilmington, DE 19808 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 flutolanil in or on the raw agricultural commodity of 
    rice grain at 2.0 parts per million (ppm), rice straw at 12.0 ppm and 
    in or on the processed commodities of rice hulls at 7.00 ppm and rice 
    bran at 3.0 ppm. EPA has determined that the petition contains data or 
    information regarding the elements set forth in section 408(d)(2) of 
    the FFDCA; however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
    
    A. Residue Chemistry
    
        1. Plant and animal metabolism. The metabolism of flutolanil in 
    plants and animals is adequately understood for the purposes of this 
    petition. Animal studies in rats, ruminants, and poultry indicate that 
    flutolanil is metabolized primarily to desisopropylflutolanil and its 
    conjugates. Plant metabolism studies have been conducted in rice, 
    cucumber, and peanuts. The metabolic profile for flutolanil was similar 
    in all three crops. The major route of degradation was 4'-0-
    dealkylation to desisopropylflutolanil, followed by conjugation. Other 
    metabolites may occur at very low levels due to hydroxylation and 
    oxidation of the side chain, hydroxylation of the aniline ring, and 
    methylation of the hydroxyl groups. These minor metabolites were also 
    subject to conjugation. The residues of concern are the parent 
    flutolanil and desisopropylflutolanil.
        2. Analytical method. The analytical method designated as AU-95R-04 
    has been independently validated and is adequate for enforcement 
    purposes. A multi-residue method for flutolanil has been previously 
    submitted. It has the following disclaimer: The method is for use only 
    by experienced chemists who have demonstrated knowledge of the 
    principles of trace organic analysis and have proven skills and 
    abilities to run a complex residue analytical method obtaining accurate 
    results at the part per million level (PPML). Users of this method are 
    expected to perform additional method validation prior to using the 
    method for either monitoring or enforcement. The method can detect 
    gross misuse.
        3. Magnitude of residues. 24 field trials consisting of foliar 
    applications to rice were conducted in California, Louisiana, Texas, 
    Arkansas, Arizona, Missouri, and Mississippi. Applications of 
    flutolanil formulated as 50WP or 70WP were made at a total seasonal 
    rate of 1.0 lb active ingredient (a.i) per acre resulted in flutolanil-
    derived residues ranging from below the limit of detection (<0.05 ppm)="" to="" 1.66="" ppm="" in="" whole="" rice="" grain="" and="" hulled="" rice="" and="" from="" 0.95="" ppm="" to="" 11.28="" ppm="" in="" rice="" straw.="" a="" processing="" study="" was="" also="" conducted="" in="" louisiana="" in="" which="" the="" 50wp="" formulation="" of="" flutolanil="" was="" applied="" to="" rice="" following="" label="" directions="" at="" a="" total="" rate="" of="" 1.0="" lb="" active="" ingredient="" per="" acre.="" residues="" of="" flutolanil="" were="" observed="" in="" all="" processed="" commodities="" and="" ranged="" from=""><0.05 ppm="" in="" polished="" rice="" to="" 1.37="" ppm="" in="" grain="" dust="" below="" 420="" microns.="" b.="" toxicological="" profile="" 1.="" acute="" toxicity.="" a="" battery="" of="" acute="" studies="" was="" conducted:="" the="" acute="" oral="">50 in rat and mice were >10,000 milligram/
    kilograms (mg/kg), Toxicity category IV; acute dermal LD50 
    in rat was >2,000 mg/kg, Toxicity category III; and acute inhalation 
    LC50 in rat was >5.98 milligram/liter (mg/l), Toxicity 
    category III. There was slight eye irritation; no dermal irritation; 
    and no dermal sensitization.
        2. Genotoxicty. Flutolanil has been tested in a battery of in-vitro 
    and in-vivo assays. No evidence of genotoxicity was noted in gene 
    mutation assays with Salmonella, E. coli, or mouse lymphoma cells; a 
    mouse micronucleus assay or in an in-vitro unscheduled DNA synthesis 
    assay. A weak positive response was noted in an in-vitro cytogenetics 
    assay in Chinese hamster lung cells but no evidence of clastogenicity 
    was noted in an in-vitro cytogenetics assay in human lymphocytes. The 
    overall weight of evidence indicates that flutolanil is not genotoxic.
        3. Reproductive and developmental toxicity. A 3-generation rat 
    reproduction study was conducted at dietary concentrations of 0, 1,000 
    and 10,000 ppm. The NOEL for this study is considered to be 1,000 ppm 
    (63 milligram/kilograms/day (mg/kg/day), based on reduced pup weights 
    late in lactation at 10,000 ppm. Because the Agency considered this 
    study supplementary, a 2-generation rat reproduction study subsequently 
    was conducted at dietary concentrations of 200, 2,000, and 20,000 ppm. 
    No adverse findings were noted at any dose level and the NOEL was 
    considered to be 20,000 ppm 1,936 mg/kg/day. The Agency, however, has 
    concluded that the NOEL of the original study 63 mg/kg/day should 
    continue to be used for risk assessment.
        Developmental toxicity (teratology) studies were conducted in both 
    rats and rabbits at dose levels of 0, 40, 200, and 1,000 mg/kg/day. No 
    significant maternal or developmental toxicity was noted in either 
    study. Thus, both the maternal and developmental NOEL's for both rats 
    and rabbits were considered to be 1,000 mg/kg/day highest dose tested 
    (HDT).
        4. Subchronic toxicity. A 90-day rat feeding study was conducted at 
    dose levels of 500, 4,000 and 20,000 ppm. The NOEL in this study was 
    considered to be 500 ppm (37 mg/kg/day for males and 44 mg/kg/day for 
    females) based on increased liver weights at 4,000 ppm and slightly 
    decreased body weights at 20,000 ppm.
    
    [[Page 34178]]
    
        In a 90-day oral toxicity study in dogs, flutolanil was 
    administered via capsule at dose levels of 0, 80, 400 and 2,000 mg/kg/
    day. The NOEL was determined to be 80 mg/kg/day based on enlarged 
    livers and increased glycogen deposition at 400 and 2,000 mg/kg/day, 
    and increased alkaline phosphatase and cholesterol levels and thyroid/
    parathyroid organ weights at 2,000 mg/kg/day.
        In a 21-day dermal toxicity study, flutolanil was applied dermally 
    to rats for 15-days over a 21-day interval at dose levels of 0 and 
    1,000 mg/kg/day. No evidence of dermal irritation or systemic toxicity 
    was observed. Thus, the NOEL was considered to be 1,000 mg/kg/day.
        5. Chronic toxicity. In a 2-year chronic toxicity/oncogenicity 
    study, flutolanil was administered to rats at dietary levels of 0, 40, 
    200, 2,000 and 10,000 ppm. The NOEL was considered to be 2,000 ppm 
    (86.9 mg/kg/day for males and 103.1 mg/kg/day for females) based on 
    reduced body weight gain in males and increased liver weights in 
    females at 10,000 ppm. No evidence of carcinogenicity was observed.
        In a 78-week carcinogenicity study, flutolanil was administered to 
    mice at dietary concentrations of 0, 300, 1,500, 7,000 and 30,000 ppm. 
    The NOEL was considered to be 7,000 ppm (735 mg/kg/day for males) and 
    1,500 ppm (162 mg/kg/day for females) based on decreased body weight 
    gains at the higher level(s). No evidence of carcinogenicity was 
    observed.
        A 2-year chronic toxicity study was conducted in beagle dogs at 
    dose levels of 0, 50, 250, and 1,250 mg/kg/day. The NOEL was considered 
    to be 250 mg/kg/day based on decreased weight gain at 1,250 mg/kg/day.
        6. Animal metabolism. Studies in rats, ruminants, and poultry 
    suggest that flutolanil is not well-absorbed following oral 
    administration. Once absorbed, however, it is rapidly metabolized, 
    primarily to desisopropylflutolanil and its conjugates, and rapidly 
    excreted via urine and feces.
        7. Endocrine disruption. No special studies have been conducted to 
    investigate the potential of flutolanil to induce estrogenic or other 
    endocrine effects. However, no evidence of such effects has been 
    observed in the subchronic, chronic, or reproductive studies previously 
    discussed. Thus, the potential for flutolanil to cause endocrine 
    effects is considered to be minimal.
    
    C. Aggregate Exposure
    
        1. Dietary exposure. Includes food and drinking water--i. Food. 
    Time-limited tolerances have been previously established for flutolanil 
    in or on rice commodities, and tolerances with no time limitations are 
    established for peanut commodities, meat, milk, and eggs. Potential 
    dietary exposures to flutolanil from these food commodities were 
    assessed using the exposure one software system (TAS, Inc.) and food 
    consumption data from the 1977-1978 USDA Continuing Surveys of Food 
    Consumption by Individuals (CSFCI). For the purposes of this 
    assessment, it was assumed that 100% of all of the above commodities 
    were at the existing tolerance levels for flutolanil.
        ii. Drinking water. The potential for flutolanil to leach into 
    groundwater has been assessed in two terrestrial field dissipation 
    studies, a long-term terrestrial field dissipation study, and an 
    aquatic field dissipation study. Under field conditions, the half-life 
    of flutolanil varied from 101 to 123 days in the long-term field soil 
    dissipation study, which was consistent with the other field studies, 
    and was approximately 180 days in the aquatic environment. Flutolanil 
    strongly adsorbs to soil following application and did not exhibit 
    mobility under either terrestrial or aquatic conditions. The water 
    solubility of flutolanil is quite low ( 5.0 ppm). Based on these 
    environmental fate data and the conditions of use, the potential for 
    movement of flutolanil into groundwater is very low, and as such the 
    potential contribution of any such residues to the total dietary intake 
    of flutolanil will be negligible. No maximum contaminant level (MCL) or 
    Health Advisory Level for residues of flutolanil in drinking water has 
    been established.
        2. Non-dietary exposure. As prostar 50WP (EPA Reg No. 45639-153) is 
    a professional turf and ornamental fungicide, flutolanil is used 
    primarily (>95%) on golf courses for control of brown patch disease 
    (Rhizoctonia solani). Very limited use of prostar 50WP may occur on 
    commercial ornamental turf by professional lawn care applicators or on 
    sod farms. The product is rarely, if ever, used on homeowner turf due 
    to the fact that the diseases it controls (Brown patch, Fry ring, snow 
    molds) occur in high-fertility, high-maintenance turf (e.g. golf 
    courses), not in homeowner lawns. Thus, non-dietary exposure to 
    flutolanil would be minimal. Furthermore, no dermal toxicity endpoints 
    of concern have been identified for flutolanil. Thus, an assessment of 
    non-dietary exposure and risk is not considered to be necessary.
    
    D. Cumulative Effects
    
        Flutolanil has demonstrated only minimal toxicity in animal 
    studies. The mechanism of this toxicity is unknown. Furthermore, there 
    are no available data to indicate that flutolanil has a common 
    mechanism of toxicity with other substances. Thus, only the potential 
    risks from flutolanil are being considered in this document.
    
    E. Safety Determination
    
        1. U.S. population. Based on the existing and proposed tolerances 
    in rice, peanuts, and secondary commodities, the Theoretical Maximum 
    Residue Contribution (TMRC) of the current action is estimated to be 
    0.001124 mg/kg/day for the U.S. population in general. This exposure 
    would utilize less than 1% of the RfD. There is generally no concern 
    for exposures below 100% of the RfD since the RfD represents the 
    exposure level at or below which daily exposure over a lifetime will 
    not pose any appreciable risks to human health. Therefore, there is a 
    reasonable certainty that no harm will result to the U.S. population in 
    general from aggregate exposure to flutolanil.
        2 Infants and children. Data from reproductive and developmental 
    toxicity studies are generally used to assess the potential for 
    increased sensitivity of infants and children. No evidence of 
    developmental toxicity was noted in rats or rabbits, even at the limit 
    dose of 1,000 mg/kg/day. Reduced pup weights in the absence of parental 
    toxicity were noted at the HDL (10,000 ppm) in a 3-generation rat 
    reproduction study. However, no such effects were noted in a subsequent 
    reproduction study, even at a HDT (20,000 ppm). Furthermore, the 
    reduced weight gain in the first study began late in the lactation 
    period, at a time when the pups were likely ingesting significant 
    quantities of diet. Feed intake is much higher in young animals than in 
    adults and the apparent increase in sensitivity may simply reflect the 
    higher test material intake in these pups on a mg/kg basis compared to 
    the adults. Thus, AgrEvo believes that the overall weight of evidence 
    does not indicate any special concern for infants and children, and 
    that no additional safety factor is necessary.
        Based on the existing and proposed tolerances in rice, peanuts, and 
    secondary commodities, the Theoretical Maximum Residue Contribution 
    (TMRC) from the current petition is estimated to be 0.006218 mg/kg/day 
    for the most highly exposed sub-population, non-nursing infants (less
    
    [[Page 34179]]
    
    than 1-year old).. This exposure would utilize less than 1 % of the 
    RfD. Therefore, there is a reasonable certainty that no harm will 
    result to infants or children from aggregate exposure to flutolanil.
    
    F. International Tolerances
    
        No CODEX tolerances have been established or proposed for residues 
    of flutolanil. (Mary Waller).
    
    2. Bayer Corporation
    
    PP 6F4631
    
        EPA has received a pesticide petition (PP 6F4631) from Bayer 
    Corporation, 8400 Hawthorn Road, P.O. Box 4913, 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 180.527 by 
    establishing tolerances for inadvertent residues of N-(4-fluorophenyl)-
    N-(1-methylethyl)-2- [[5-(trifluoromethyl)-1,3,4-thiadiazol-2-
    yl]oxy]acetamide [hereafter referred to as flufenacet, the proposed 
    common chemical name] and metabolites containing the 4-fluoro-N-
    methylethyl benzenamine moiety in or on the raw agricultural 
    commodities of Crop Group 15 (cereal grains), Crop Group 16 (forage, 
    stover and hay of cereal grains), Crop Group 17 (grass forage, and 
    grass hay), alfalfa forage, alfalfa hay, alfalfa seed, clover forage, 
    and clover hay at 0.1 parts per million (ppm) when present therein as a 
    result of the application of flufenacet to field corn and soybeans as a 
    herbicide. EPA has determined that the petition contains data or 
    information regarding the elements set forth in section 408(d)(2) of 
    the FFDCA; however, EPA has not fully evaluated the sufficiency of the 
    submitted data at this time or whether the data supports granting of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The nature of the residue in field corn, 
    soybeans, livestock and rotational crops is adequately understood. The 
    residues of concern for the tolerance expression are N-(4-
    fluorophenyl)-N-(1-methylethyl)-2-[[5-(trifluoromethyl)-1,3,4-
    thiadiazol-2-yl]oxy]acetamide parent and its metabolites containing the 
    4-fluoro-N-methylethyl benzenamine moiety. Based on the results of 
    animal metabolism studies it is unlikely that secondary residues would 
    occur in animal commodities from the use of flufenacet on field corn 
    and soybeans.
        2. Analytical method. An adequate analytical method, gas 
    chromatography/mass spectrometry with selected ion monitoring, is 
    available for enforcement purposes. Because of the long lead time from 
    establishing these tolerances to publication of the enforcement 
    methodology in the Pesticide Analytical Manual, Vol. II, the analytical 
    methodology is being made available in the interim to anyone interested 
    in pesticide enforcement when requested from: Calvin Furlow, Public 
    Information and Records Integrity Branch, Information Resources and 
    Services Division (7502C), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location and telephone number: Room 119E, CM #2, 1921 Jefferson Davis 
    Highway, Arlington, VA 22202, (703-305-5937).
        3. Magnitude of residues. Time limited tolerances exist for the 
    combined residues of flufenacet, N-(4-fluorophenyl)-N-(1-methylethyl)-
    2-[[5-(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide and its 
    metabolites containing the 4-fluoro-N-methylethyl benzenamine moiety in 
    or on field corn grain at 0.05 ppm, field corn forage at 0.4 ppm, field 
    corn stover at 0.4 ppm, and soybean seed at 0.1 ppm. The petitioner, 
    Bayer Corporation has amended its petition (PP 6F4631) to include 
    tolerances for residues of N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
    (trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide and its 
    metabolites containing the 4-fluoro-N-methylethyl benzenamine moiety at 
    0.1 ppm for residues in or on the raw agricultural commodities of Crop 
    Group 15 (cereal grains), Crop Group 16 (forage, stover and hay of 
    cereal grains), Crop Group 17 (grass forage and grass hay), alfalfa 
    forage, alfalfa hay, alfalfa seed, clover forage, and clover hay. The 
    proposed tolerance levels are adequate to cover residues likely to be 
    present in rotational crops planted after corn or soybeans which were 
    treated with flufenacet.
    
    B. Toxicological Profile
    
        1. Acute toxicity. A rat acute oral study with a LD50 of 
    1,617 milligrams/kilograms for males and 589 mg/kg for females.
        2. Genotoxicty. Flufenacet was negative for mutagenic/genotoxic 
    effects in a Gene mutation/In vitro assay in bacteria, a Gene mutation/
    In vitro assay in chinese hamster lung fibroblasts cells, a 
    Cytogenetics/In vitro assay in chinese hamster ovary cells, a 
    Cytogenetics/In vivo mouse micronucleus assay, and an In vitro 
    unscheduled DNA synthesis assay in primary rat hepatocytes.
        3. Reproductive and developmental toxicity. A two-generation rat 
    reproduction study with a parental systemic no observed effect level 
    (NOEL) of 20 ppm [1.4 mg/kg/day in males and 1.5 mg/kg/day in females] 
    and a reproductive NOEL of 20 ppm [1.3 mg/kg/day] and a parental 
    systemic lowest observed effect level (LOEL) of 100 ppm [7.4 mg/kg/day 
    in males and 8.2 mg/kg/day in females] based on increased liver weight 
    in F1 females and hepatocytomegaly in F1 males and a reproductive LOEL 
    of 100 ppm [6.9 mg/kg/day] based on increased pup death in early 
    lactation (including cannibalism) for F1 litters and the same effects 
    in both F1 and F2 pups at the high dose level of 500 ppm [37.2 mg/kg/
    day in F1 males and 41.5 mg/kg/day in F1 females, respectively]. A rat 
    developmental study with a maternal NOEL of 25 mg/kg/day and with a 
    maternal LOEL of 125 mg/kg/day based on decreased body weight gain 
    initially and a developmental NOEL of 25 mg/kg/day and a developmental 
    LOEL of 125 mg/kg/day based on decreased fetal body weight, delayed 
    development [mainly delays in ossification in the skull, vertebrae, 
    sternebrae, and appendages], and an increase in the incidence of extra 
    ribs. A rabbit developmental study with a maternal NOEL of 5 mg/kg/day 
    and a maternal LOEL of 25 mg/kg/day based on histopathological finds in 
    the liver and a developmental NOEL of 25 mg/kg/day and a developmental 
    LOEL of 125 mg/kg/day based on increased skeletal variations.
        4. Subchronic toxicity. A 84-day rat feeding study with a No 
    Observed Effect Level ( NOEL) less than 100 ppm [6.0 mg/kg/day] for 
    males and a NOEL of 100 ppm [7.2 mg/kg/day] for females and with a 
    Lowest Observed Effect Level (LOEL) of 100 ppm [6.8 mg/kg/day] for 
    males based on suppression of thyroxine (T4) level and a LOEL of 400 
    ppm [28.8 mg/kg/day] for females based on hematology and clinical 
    chemistry findings. A 13-week mouse feeding study with a NOEL of 100 
    ppm [18.2 mg/kg/day for males and 24.5 mg/kg/day for females] and a 
    LOEL of 400 ppm [64.2 mg/kg/day for males and 91.3 mg/kg/day for 
    females] based on histopathology of the liver, spleen and thyroid. A 
    13-week dog dietary study with a NOEL of 50 ppm [1.70 mg/kg/day for 
    males and 1.67 mg/kg/day for females] and a LOEL of 200 ppm [6.90 mg/
    kg/day for males and 7.20 mg/kg/day for females] based on evidence that 
    the bio-transformation capacity of the liver has been exceeded, (as 
    indicated by increase in LDH, liver weight, ALK and hepatomegaly), 
    globulin and spleen pigment in females, decreased T4 and
    
    [[Page 34180]]
    
    ALT values in both sexes, decreased albumin in males, and decreased 
    serum glucose in females. A 21-day rabbit dermal study with the dermal 
    irritation NOEL of 1,000 mg/kg/day for males and females and a systemic 
    NOEL of 20 mg/kg/day for males and 150 mg/kg/day for females and a 
    systemic LOEL of 150 mg/kg/day for males and 1,000 mg/kg/day for 
    females based on clinical chemistry data (decreased T4 and FT4 levels 
    in both sexes) and centrilobular hepatocytomegaly in females.
        5. Chronic toxicity. A 1-year dog chronic feeding study with a NOEL 
    was 40 ppm [1.29 mg/kg/day in males and 1.14 mg/kg/day in females] and 
    a LOEL of 800 ppm [27.75 mg/kg/day in males and 26.82 mg/kg/day in 
    females] based on increased alkaline phosphatase, kidney, and liver 
    weight in both sexes, increased cholesterol in males, decreased T2, T4 
    and ALT values in both sexes, and increased incidences of microscopic 
    lesions in the brain, eye, kidney, spinal cord, sciatic nerve and 
    liver. A rat chronic feeding/carcinogenicity study with a NOEL less 
    than 25 ppm [1.2 mg/kg/day in males and 1.5 mg/kg/day in females] and a 
    LOEL of 25 ppm [1.2 mg/kg/day in males and 1.5 mg/kg/day in females] 
    based on methemoglobinemia and multi-organ effects in blood, kidney, 
    spleen, heart, and uterus. Under experimental conditions the treatment 
    did not alter the spontaneous tumor profile. In a mouse carcinogenicity 
    study the NOEL was less than 50 ppm [7.4 mg/kg/day] for males and the 
    NOEL was 50 ppm [9.4 mg/kg/day] for females and the LOEL was 50 ppm 
    [7.4 mg/kg/day] for males and the LOEL was 200 ppm [38.4 mg/kg/day] for 
    females based on cataract incidence and severity. There was no evidence 
    of carcinogenicity for flufenacet in this study.
        6. Animal metabolism. A rat metabolism study showed that radio-
    labeled flufenacet was rapidly absorbed and metabolized by both sexes. 
    Urine was the major route of excretion at all dose levels and smaller 
    amounts were excreted via the feces. A 55-day dog study with 
    subcutaneous administration of Thiadone [flufenacet metabolite] 
    supports the hypothesis that limitationsin glutathione interdependent 
    pathways and antioxidant stress result in metabolic lesions in the 
    brain and heart following flufenacet exposure.
        7. Endocrine disruption. EPA is required to develop a screening 
    program to determine whether certain substances (including all 
    pesticides and inerts) may have an effect in humans that is similar to 
    an effect produced by a naturally occurring estrogen, or such other 
    effect. The Agency is currently working with interested stakeholders, 
    including other government agencies, public interest groups, industry 
    and research scientists in developing a screening and testing program 
    and a priority setting scheme to implement this program. Congress has 
    allowed 3 years from the passage of FQPA (August 3, 1999) to implement 
    this program. At that time, EPA may require further testing of this 
    active ingredient and end use products for endocrine disrupter effects. 
    Based on the toxicological findings for flufenacet relating to 
    endocrine disruption effects, flufenacet should be considered as a 
    candidate for evaluation as an endocrine disrupter when the criteria 
    are established.
    
    C. Aggregate 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 groundwater 
    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).
        1. Dietary exposure--i. Food. 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, varying 
    consumption patterns of major identifiable subgroups of consumers, 
    including infants and children is taken into account. 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. Using 
    tolerance levels and percent crop treated, the residues in the diet 
    (food only) are calculated to be 0.0001 milligrams/kilogram of body 
    weight per day (mg/kg bwt/day) or 2.6% of the RfD for the general U.S. 
    population and 0.00023 mg/kg bwt/day or 5.8% of the RfD for children 
    aged 1-6 years.
        ii. Drinking water. Residues of flufenacet in drinking water may 
    comprise up to 0.0039 mg/kg bwt/day (0.0040-0.0001 mg/kg bwt/day) for 
    the U.S. population and 0.0038 mg/kg bwt/day (0.00400-0.00023 mg/kg 
    bwt/day) for children 1-6 years old (the group exposed to the highest 
    level of flufenacet residues in both food and water). The drinking 
    water levels of concern (DWLOCs) for chronic exposure to flufenacet in 
    drinking water calculated for the U.S. population was 136 parts per 
    billion (ppb) assuming that an adult weighs 70 kg and consumes a 
    maximum of 2 liters of water per day. For children (1-6 years old), the 
    DWLOC was 37.7 ppb assuming that a child weighs 10 kg and consumes a 
    maximum of 1 liter of water per day. The drinking water estimated 
    concentration (DWECs) for groundwater (parent flufenacet and degradate 
    thiadone) calculated from the monitoring data is 0.03 ppb for chronic 
    concentrations which does not exceed DWLOC of 37.7 ppb for children (1-
    6 years old). The DWEC for surface water based on the computer models 
    PRZM 2.3 and EXAMS 2.97.5 was calculated to be 14.2 ppb for chronic 
    concentration (parent flufenacet and degradate thiadone) which does not 
    exceed the DWLOC of 37.7 ppb for children (1-6 years old).
        2. Non-dietary exposure. There are no non-food uses of flufenacet 
    currently registered under the Federal Insecticide, Fungicide and 
    Rodenticide Act, as amended. No non-dietary exposures are expected for 
    the general population.
    
    D. Cumulative Effects
    
         Flufenacet is structurally a thiadiazole. EPA is not aware of any 
    other pesticides with this structure. For flufenacet, EPA has not yet 
    conducted a detailed review of common mechanisms to determine whether 
    it is appropriate, or how to include this chemical in a cumulative risk 
    assessment. After EPA develops a methodology to address common 
    mechanism of toxicity issues to risk assessments, the Agency will 
    develop a process (either as part of the periodic review of pesticides 
    or otherwise) to reexamine these tolerance decisions. Unlike other 
    pesticides for which EPA has followed a cumulative risk approach based 
    on a common mechanism of toxicity, flufenacet does not appear to 
    produce a toxic metabolite produced by other substances. For the 
    purposes of these tolerance actions; therefore, EPA has not assumed 
    that flufenacet has a common mechanism of toxicity with other 
    substances.
    
    E. Safety Determination
    
        1. U.S. population--i. Acute risk. The acute endpoint for 
    flufenacet and its metabolites is 75 mg/kg/day. The acute
    
    [[Page 34181]]
    
     exposure for flufenacet and its metabolites is 0.0015 mg/kg/day for 
    the general U.S. population and 0.002 mg/kg/day for children 1-6 years 
    of age. The DWLOC for acute exposure to flufenacet in drinking water 
    calculated for the U.S. population was 2.87 ppm and for children (1-6 
    years old) was 813 ppb. These figures were calculated as follows. 
    First, the acceptable acute exposure to flufenacet in drinking water 
    was obtained by subtracting the acute dietary food exposures from the 
    ratio of the acute LOEL to the acceptable margin of exposure (MOE) for 
    aggregate exposure. Then, the DWLOCs were calculated by multiplying the 
    acceptable exposure to flufenacet in drinking water by estimated body 
    weight (70 kg for adults, 10 kg for children) and then dividing by the 
    estimated daily drinking water consumption (2 L/day for adults, 1 L/day 
    for children). The Agency's SCI-Grow model estimates peak levels of 
    flufenacet and its metabolite thiadone in groundwater to be 15.3 ppb. 
    PRZM/EXAMS estimates peak levels of flufenacet and its metabolite 
    thiadone in surface water to be 17 ppb. EPA's acute drinking water 
    level of concern is well above the estimated exposures for flufenacet 
    in water for the U.S. population and subgroup with highest estimated 
    exposure.
        ii. Chronic risk. The chronic endpoint for flufenacet is 0.004 mg/
    kg bwt/day. Using tolerance levels and percent crop treated, the 
    residues in the diet (food only) are calculated to be 0.0001 mg/kg bwt/
    day or 2.6% of the Reference dose (RfD) for the general U.S. population 
    and 0.00023 mg/kg bwt/day or 5.8% of the RfD for children aged 1-6 
    years. Therefore, residues of flufenacet in drinking water may comprise 
    up to 0.0039 mg/kg bwt/day (0.0040-0.0001 mg/kg bwt/day) for the U.S. 
    population and 0.0038 mg/kg bwt/day (0.00400-0.00023 mg/kg bwt/day) for 
    children 1-6 years old (the group exposed to the highest level of 
    flufenacet residues in both food and water). The DWLOCs for chronic 
    exposure to flufenacet in drinking water calculated for the U.S. 
    population was 136 ppb assuming that an adult weighs 70 kg and consumes 
    a maximum of 2 liters of water per day. For children (1-6 years old), 
    the DWLOC was 37.7 ppb assuming that a child weighs 10 kg and consumes 
    a maximum of 1 liter of water per day. The drinking water estimated 
    concentration (DWECs) for groundwater (parent flufenacet and degradate 
    thiadone) calculated from the monitoring data is 0.03 ppb for chronic 
    concentrations which does not exceed the DWLOC of 37.7 ppb for children 
    (1-6 years old). The DWEC for surface water based on the computer 
    models PRZM 2.3 and EXAMS 2.97.5 was calculated to be 14.2 ppb for 
    chronic concentration (parent flufenacet and degradate thiadone) which 
    does not exceed the DWLOC of 37.7 ppb for children (1-6 years old). EPA 
    concludes that there is a reasonable certainty that no harm will result 
    from aggregate exposure to flufenacet residues.
        2. Infants and children. In assessing the potential for additional 
    sensitivity of infants and children to residues of flufenacet, EPA 
    considered data from developmental toxicity studies in the rat and 
    rabbit and a two-generation reproduction study in the rat. The 
    developmental toxicity studies are designed to evaluate adverse effects 
    on the developing organism resulting from pesticide exposure during 
    prenatal development to one or both parents. Reproduction studies 
    provide information relating to effects from exposure to the pesticide 
    on the reproductive capability of mating animals and data on systemic 
    toxicity. FFDCA section 408 provides that EPA shall apply an additional 
    tenfold margin of safety for infants and children in the case of 
    threshold effects to account for pre- and post-natal toxicity and the 
    completeness of the database unless EPA determines that a different 
    margin of safety will be safe for infants and children. Although there 
    is no indication of increased sensitivity to young rats or rabbits 
    following pre- and/or post-natal exposure to flufenacet in the standard 
    developmental and reproductive toxicity studies, an additional 
    developmental neurotoxicity study, which is not normally required, is 
    needed to access the susceptibility of the offspring in function/
    neurological development. Therefore, EPA has required that a 
    developmental neurotoxicity study be conducted with flufenacet and a 
    threefold safety factor for children and infants will be used in the 
    aggregate dietary acute and chronic risk assessment. Although there is 
    no indication of additional sensitivity to young rats or rabbits 
    following pre- and/or post-natal exposure to flufenacet in the 
    developmental and reproductive toxicity studies; the Agency concluded 
    that the FQPA safety factor should not be removed but instead reduced 
    because:
        (i) There was no assessment of susceptibility of the offspring in 
    functional/neurological developmental and reproductive studies.
        (ii) There is evidence of neurotoxicity in mice, rats, and dogs.
        (iii) There is concern for thyroid hormone disruption.
    
    F. International Tolerances
    
         There are no Codex Alimentarius Commission (Codex) Maximum Residue 
    Levels (MRLs) for flufenacet. (James A. Tompkins).
    
    3. FMC Corporation
    
    PP 8F4970
    
        EPA has received pesticide petitions (PP 8F4970) from FMC 
    Corporation, 1735 Market Street,Philadelphia, PA 19103, proposing 
    pursuant to section 408 (d) of the Federal Food, Drug, and Cosmetic 
    Act, 21 U.S.C. 346a(d), to amend 40 CFR 180.418 by establishing a 
    tolerance for residues of the insecticide zeta-cypermethrin 
    (-Cyano(3-phenoxyphenyl)methyl ( ) 
    cis, trans 3-(2,2-dichloroethenyl)-2,2-
    dimethylcyclopropanecarboxylate)in or on the raw agricultural commodity 
    Brassica vegetables, head and stem at 2.0 ppm and Brassica vegetables, 
    leafy at 14.0 ppm; and the leafy vegetables (except Brassica 
    vegetables) group at 10.0 ppmn. EPA has determined that the petition 
    contains data or information regarding the elements set forth in 
    section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated 
    the sufficiency of the submitted data at this time or whether the data 
    supports granting of the petition. Additional data may be needed before 
    EPA rules on the petition.
    
    A. Residue Chemistry
    
        1. Plant metabolism. The metabolism of cypermethrin in plants is 
    adequately understood. Studies have been conducted to delineate the 
    metabolism of radio labelled cypermethrin in various crops all showing 
    similar results. The residue of concern is the parent compound only.
        2. Analytical method. There is a practical analytical method for 
    detecting and measuring levels of cypermethrin in or on food with a 
    limit of detection that allows monitoring of food with residues at or 
    above the levels set in these tolerances (Gas Chromatography with 
    Electron Capture Detection (GC/ECD).
        3. Magnitude of residues. Crop field trial residue data from 
    studies conducted at the maximum label rates for head and stem Brassica 
    vegetables, leafy Brassica greens, and leafy vegetables (except 
    Brassica vegetables) group, show that the proposed zeta-cypermethrin 
    tolerances on Brassica vegetables, head and stemat 2.0 ppm and Brassica 
    vegetables, leafy at 14.0 ppm; and the leafy vegetables (except 
    Brassica vegetables) group at 10.0 ppm will not be exceeded when the 
    zeta-cypermethrin products labeled for these uses are used as directed.
    
    [[Page 34182]]
    
    B. Toxicological Profile
    
        1. Acute toxicity. For the purposes of assessing acute dietary 
    risk, FMC has used the no-observed-effected label (NOEL) of 3.8 mg/kg/
    day based on the NOEL of 7.5 mg/kg/day from the cypermethrin chronic 
    feeding/oncogenicity study in rats and a correction factor of two to 
    account for the differences in the percentage of the biologically 
    active isomer. The LOEL of 50.0 mg/kg/day was based on neurological 
    signs which were displayed during week one of the study. This acute 
    dietary end point is used to determine acute dietary risks to all 
    population subgroups.
        2. Genotoxicity. The following genotoxicity tests were all 
    negative: in vivo chromosomal aberration in rat bone marrow cells; in 
    vitro cytogenic chromosome aberration; unscheduled DNA synthesis;CHO/
    HGPTT mutagen assay; weakly mutagenic: gene mutation (Ames).
        3. Reproductive and developmental toxicity. No evidence of 
    additional sensitivity to young rats was observed following pre- or 
    postnatal exposure to zeta-cypermethrin.
        i. A 2-generation reproductive toxicity study with zeta-
    cypermethrin in rats demonstrated a NOEL of 7.0 mg/kg/day and a LOEL of 
    27.0 mg/kg/day for parental/systemic toxicity based on body weight, 
    organ weight, and clinical signs. There were no adverse effects in 
    reproductive performance. The NOEL for reproductive toxicity was 
    considered to be > 45.0 mg/kg/day the highest dose tested (HDT).
        ii. A developmental study with zeta-cypermethrin in rats 
    demonstrated a maternal NOEL of 12.5 mg/kg/day and a LOEL of 25 mg/kg/
    day based on decreased maternal body weight gain, food consumption and 
    clinical signs. There were no signs of developmental toxicity at 35.0 
    mg/kg/day, the higest dose level tested (HDLT).
        iii. A developmental study with cypermethrin in rabbits 
    demonstrated a maternal NOEL of 100 mg/kg/day and a LOEL of 450 mg/kg/
    day based on decreased body weight gain. There were no signs of 
    developmental toxicity at 700 mg/kg/day, the HDLT.
        4. Subchronic toxicity-- Short- and intermediate-term toxicity. The 
    NOEL of 3.8 mg/kg/day based on the NOEL 7.5 mg/kg/day from the 
    cypermethrin chronic feeding/oncogenicity study in rats and a 
    correction factor of two to account for the biologically active isomer 
    would also be used for short-and intermediate-term MOE calculations (as 
    well as acute, discussed in (1) above). The LOEL of 50.0 mg/kg/day was 
    based on neurological signs which were displayed during week one of the 
    study.
        5. Chronic toxicity. The reference dose (RfD) of 0.0125 mg/kg/day 
    for zeta-cypermethrin is based on a NOEL of 2.5 mg/kg/day from a 
    cypermethrin rat reproduction study and an uncertainty factor of 200 
    (used to account for the differences in the percentage of the 
    biologically active isomer). The endpoint effect of concern was based 
    on consistent decreased body weight gain in both sexes at the LOEL of 
    7.5 mg/kg/day.
        Cypermethrin is classified as a Group C chemical (possible human 
    carcinogen with limited evidence of carcinogenicity in animals) based 
    upon limited evidence for carcinogenicity in femalemice; assignment of 
    a Q* has not been recommended.
        6. Animal metabolism. The metabolism of cypermethrin in animals is 
    adequately understood. Cypermethrin has been shown to be rapidly 
    absorbed, distributed, and excreted in rats when administered orally. 
    Cypermethrin is metabolized by hydrolysis and oxidation.
        7. Metabolite toxicology. The Agency has previously determined that 
    the metabolites of cypermethrin are not of toxicological concern and 
    need not be included in the tolerance expression.
        8. Endocrine disruption. No special studies investigating potential 
    estrogenic or other endocrine effects of cypermethrin have been 
    conducted. However, no evidence of such effects were reported in the 
    standard battery of required toxicology studies which have been 
    completed and found acceptable. Based on these studies, there is no 
    evidence to suggest that cypermethrin has an adverse effect on the 
    endocrine system.
    
    C. Aggregate Exposure
    
        1. Dietary exposure--i. Food. Permanent tolerances, in support of 
    registrations, currently exist for residues of zeta-cypermethrin on 
    cottonseed; pecans; lettuce, head; onions, bulb; and cabbage and 
    livestock commodities of cattle, goats, hogs, horses, and sheep. For 
    the purposes of assessing the potentialdietary exposure for these 
    existing and the subject proposed tolerances, FMC has utilized 
    available information on anticipated residues, monitoring data and 
    percent crop treated as follows:
        ii. Acute exposure and risk. Acute dietary exposure risk 
    assessments are performed for a food-use pesticide if a toxicological 
    study has indicated the possibility of an effect of concern occurring 
    as a result of a 1-day or single exposure. For the purposes of 
    assessing acute dietary risk for zeta-cypermethrin, FMC has used the 
    NOEL of 3.8 mg/kg/day based on the NOEL of 7.5 mg/kg/day from the 
    cypermethrin chronic feeding/oncogenicity study in rats and a 
    correction factor of two to account for the differences in the 
    percentage of the biologically active isomer. The LOEL of 50.0 mg/kg/
    day was based on neurological signs which were displayed during week 
    one of this study. This acute dietary endpoint is used to determine 
    acute dietary risks to all population subgroups. Available information 
    on anticipated residues, monitoring data and percent crop treated was 
    incorporated into a Tier 3 analysis, using Monte Carlo modeling for 
    commodities that may be consumed in a single serving. These assessments 
    show that the margins of exposure (MOE) are significantly greater than 
    the EPA standard of 100 for all subpopulations. The 95th percentile of 
    exposure for the overall U. S. population was estimated to be 0.000708 
    mg/kg/day (MOE of 5364); 99th percentile 0.002677 mg/kg/day (MOE of 
    1420); and 99.9th percentile 0.012098 mg/kg/day (MOE of 314). The 95th 
    percentile of exposure for all infants <1- year="" old="" was="" estimated="" to="" be="" 0.000264="" mg/kg/day="" (moe="" of="" 14394);="" 99th="" percentile="" 0.00189="" mg/kg/day="" (moe="" of="" 2011);="" and="" 99.9th="" percentile="" 0.018164="" mg/kg/day="" (moe="" of="" 209).="" the="" 95th="" percentile="" of="" exposure="" for="" nursing="" infants=""><1-year old="" was="" estimated="" to="" be="" 0.000026="" mg/kg/day="" (moe="" of="" 147540);="" 99th="" percentile="" 0.000484="" mg/kg/day="" (moe="" of="" 7843);="" and="" 99.9th="" percentile="" 0.002004="" mg/kg/="" day="" (moe="" of="" 1896).the="" 95th="" percentile="" of="" exposure="" for="" non-nursing="" infants="">< 1-="" year="" old="" was="" estimated="" to="" be="" 0.000367mg/kg/day="" (moe="" of="" 10342);="" 99th="" percentile="" 0.005649="" mg/kg/day="" (moe="" of="" 673);="" and="" 99.9th="" percentile="" 0.019823="" mg/kg/day="" (moe="" of="" 192).="" the="" 95th="" percentile="" of="" exposure="" for="" children="" 1="" to="" 6-years="" old="" (the="" most="" highly="" exposed="" population="" subgroup)="" and="" children="" 7="" to="" 12-years="" old="" was="" estimated="" to="" be,="" respectively,="" 0.000742="" mg/kg/day="" (moe="" of="" 5120)="" and="" 0.00748="" mg/kg/="" day="" (moe="" of="" 5077);="" 99th="" percentile="" 0.003061="" mg/kg/day="" (moe="" of="" 1241)="" and="" 0.002638="" (moe="" of="" 1440);="" and="" 99.9th="" percentile="" 0.031769="" mg/kg/day="" (moe="" of="" 120)="" and="" 0.013432="" (moe="" of="" 283).="" therefore,="" fmc="" concludes="" that="" the="" acute="" dietary="" risk="" of="" zeta-cypermethrin,="" as="" estimated="" by="" the="" dietary="" risk="" assessment,="" does="" not="" appear="" to="" be="" of="" concern.="" iii.="" chronic="" exposure="" and="" risk.="" rfd="" of="" 0.0125="" mg/kg/day="" for="" zeta-="" cypermethrin="" is="" based="" on="" a="" noel="" of="" 2.5="" mg/kg/day="" from="" a="" cypermethrin="" rat="" reproduction="" [[page="" 34183]]="" study="" and="" an="" uncertainty="" factor="" of="" 200="" (used="" to="" account="" for="" the="" differences="" in="" the="" percentage="" of="" the="" biologically="" active="" isomer).="" the="" endpoint="" effect="" of="" concern="" was="" based="" on="" consistent="" decreased="" body="" weight="" gain="" in="" both="" sexes="" at="" the="" loel="" of="" 7.5="" mg/kg/day.="" a="" chronic="" dietary="" exposure/risk="" assessment="" has="" been="" performed="" for="" zeta-="" cypermethrin="" using="" the="" above="" rfd.="" available="" information="" on="" anticipated="" residues,="" monitoring="" data="" and="" percent="" crop="" treated="" was="" incorporated="" into="" the="" analysis="" to="" estimate="" the="" anticipated="" residue="" contribution="" (arc).="" the="" arc="" is="" generally="" considered="" a="" more="" realistic="" estimate="" than="" an="" estimate="" based="" on="" tolerance="" level="" residues.="" the="" arc="" are="" estimated="" to="" be="" 0.000098="" mg/kg="" body="" weight/day="" (mg/kg/bwt/day)="" and="" utilize="" 0.8="" %="" of="" the="" rfd="" for="" the="" overall="" u.="" s.="" population.="" the="" arc="" for="" non-nursing="" infants=""><1-year) and="" nursing="" infants=""><1-year) are="" estimated="" to="" be="" 0.00016="" mg/kg/day="" and="" 0.00001="" mg/kg/day="" and="" utilizes="" 1.3="" %="" and="" 0.1="" %="" of="" the="" rfd,="" respectively.="" the="" arc="" for="" children="" 1-6="" years="" old="" (subgroup="" most="" highly="" exposed)="" and="" children="" 7-12="" years="" old="" are="" estimated="" to="" be="" 0.000172="" mg/kg="" bwt/day="" and="" 0.000092="" mg/kg="" bwt/day="" and="" utilizes="" 1.4="" %="" and="" 0.7="" %="" of="" the="" rfd,="" respectively.="" generally="" speaking,="" the="" 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="" 100="" %="" of="" the="" rfd.="" therefore,="" fmc="" concludes="" that="" the="" chronic="" dietary="" risk="" of="" zeta-cypermethrin,="" as="" estimated="" by="" the="" dietary="" risk="" assessment,="" does="" not="" appear="" to="" be="" of="" concern.="" 2.="" drinking="" water.="" laboratory="" and="" field="" data="" have="" demonstrated="" that="" cypermethrin="" is="" immobile="" in="" soil="" and="" will="" not="" leach="" into="" groundwater.="" other="" data="" show="" that="" cypermethrin="" is="" virtually="" insoluble="" in="" water="" and="" extremely="" lipophilic.="" as="" a="" result,="" fmc="" concludes="" that="" residues="" reaching="" surface="" waters="" from="" field="" runoff="" will="" quickly="" adsorb="" to="" sediment="" particles="" and="" be="" partitioned="" from="" the="" water="" column.="" further,="" a="" screening="" evaluation="" of="" leaching="" potential="" of="" a="" typical="" pyrethroid="" was="" conducted="" using="" epa's="" pesticide="" root="" zone="" model="" (przm3).="" based="" on="" this="" screening="" assessment,="" the="" potential="" concentrations="" of="" a="" pyrethroid="" in="" groundwater="" at="" depths="" of="" 1="" and="" 2="" meters="" are="" essentially="" zero=""><0.001 part="" 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="" normally="" be="" treated="" before="" consumption.="" based="" on="" these="" analyses,="" the="" contribution="" of="" water="" to="" the="" dietary="" risk="" estimate="" is="" negligible.="" therefore,="" fmc="" concludes="" that="" together="" these="" data="" indicate="" that="" residues="" are="" not="" expected="" to="" occur="" in="" drinking="" water.="" 3.="" non-dietary="" exposure.="" zeta-cypermethrin="" is="" registered="" for="" agricultural="" crop="" applications="" only,="" therefore="" non-dietary="" exposure="" assessments="" are="" not="" warranted.="" d.="" cumulative="" effects="" in="" consideration="" of="" potential="" cumulative="" effects="" of="" cypermethrin="" and="" other="" substances="" that="" may="" have="" a="" common="" mechanism="" of="" toxicity,="" to="" our="" knowledge="" there="" are="" currently="" no="" available="" data="" or="" other="" reliable="" information="" indicating="" that="" any="" toxic="" effects="" produced="" by="" cypermethrin="" would="" be="" cumulative="" with="" those="" of="" other="" chemical="" compounds;="" thus="" only="" the="" potential="" risks="" of="" cypermethrin="" have="" been="" considered="" in="" this="" assessment="" of="" its="" aggregate="" exposure.="" fmc="" intends="" to="" submit="" information="" for="" the="" epa="" to="" consider="" concerning="" potential="" cumulative="" effects="" of="" cypermethrin="" consistent="" with="" the="" schedule="" established="" by="" epa="" at="" 62="" fr="" 42020="" (august="" 4,="" 1997)="" (frl="" 5734-6)="" and="" other="" epa="" publications="" pursuant="" to="" the="" food="" quality="" protection="" act.="" e.="" safety="" determination="" 1.="" u.s.="" population.="" based="" on="" a="" complete="" and="" reliable="" toxicology="" database,="" the="" rfd="" for="" zeta-cypermethrin="" is="" 0.0125="" mg/kg/day,="" based="" on="" a="" noel="" of="" 2.5="" mg/kg/day="" and="" a="" loel="" of="" 7.5="" mg/kg/day="" from="" the="" cypermethrin="" rat="" reproduction="" study="" and="" an="" uncertainty="" factor="" of="" 200.="" available="" information="" on="" anticipated="" residues,="" monitoring="" data="" and="" percent="" crop="" treated="" was="" incorporated="" into="" an="" analysis="" to="" estimate="" the="" arc="" for="" 26="" population="" subgroups.="" the="" arc="" is="" generally="" considered="" a="" more="" realistic="" estimate="" than="" an="" estimate="" based="" on="" tolerance="" level="" residues.="" the="" arc="" are="" estimated="" to="" be="" 0.000098="" mg/kg/bwt/day="" and="" utilize="" 0.8="" of="" the="" rfd="" #or="" the="" overall="" u.="" s.="" population.="" the="" arc="" for="" non-nursing="" infants=""><1- year)="" and="" nursing="" infants=""><1- year)="" are="" estimated="" to="" be="" 0.00016="" mg/kg/="" day="" and="" 0.00001="" mg/kg/day="" and="" utilizes="" 1.3="" %="" and="" 0.1="" %="" of="" the="" rfd,="" respectively.="" the="" arc="" for="" children="" 1-6="" years="" old="" (subgroup="" most="" highly="" exposed)="" and="" children="" 7-12="" years="" old="" are="" estimated="" to="" be="" 0.000172="" mg/kg="" bwt/day="" and="" 0.000092="" mg/kg="" bwt/day="" and="" utilizes="" 1.4="" %="" and="" 0.7="" %="" of="" the="" rfd,="" respectively.="" generally="" speaking,="" the="" 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="" 100="" %="" of="" the="" rfd.="" therefore,="" fmc="" concludes="" that="" the="" chronic="" dietary="" risk="" of="" zeta-="" cypermethrin,="" as="" estimated="" by="" the="" aggregate="" risk="" assessment,="" does="" not="" appear="" to="" be="" of="" concern.="" for="" the="" overall="" u.s.="" population,="" the="" calculated="" margins="" of="" exposure="" (moe)="" at="" the="" 95th="" percentile="" was="" estimated="" to="" be="" 5364;="" 1420="" at="" the="" 99th="" percentile;="" and="" 314="" at="" the="" 99.9th="" percentile.="" for="" all="" infants="">< 1-year="" old,="" the="" calculated="" moe="" at="" the="" 95th="" percentile="" was="" estimated="" to="" be="" 14394;="" 2011="" at="" the="" 99th="" percentile;="" and="" 209="" at="" the="" 99.9th="" percentile.="" for="" nursing="" infants="">< 1-year="" old,="" the="" calculated="" moe="" at="" the="" 95th="" percentile="" was="" estimated="" to="" be="" 147540;="" 7843="" at="" the="" 99th="" percentile;="" and="" 1896="" at="" the="" 99.9th="" percentile.="" for="" non-nursing="" infants="">< 1-year="" old,="" the="" calculated="" moe="" at="" the="" 95th="" percentile="" was="" estimated="" to="" be="" 10342;="" 673="" at="" the="" 99th="" percentile;="" and="" 192="" at="" the="" 99.9th="" percentile.="" for="" the="" most="" highly="" exposed="" population="" subgroup,="" children="" 1-="" 6="" years="" old,="" and="" for="" children="" 7-12="" years="" old,="" the="" calculated="" moes="" at="" the="" 95th="" percentile="" were="" estimated="" to="" be,="" respectively,="" 5120="" and="" 5077;="" 1241="" and="" 1440="" at="" the="" 99th="" percentile;="" and="" 120="" and="" 283="" at="" the="" 99.9th="" percentile.="" therefore,="" fmc="" concludes="" that="" there="" is="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" acute="" exposure="" to="" zeta-cypermethrin.="" 2.="" infants="" and="" children--i.="" general.="" in="" assessing="" the="" potential="" for="" additional="" sensitivity="" of="" infants="" and="" children="" to="" residues="" of="" zeta-="" cypermethrin,="" fmc="" considered="" data="" from="" developmental="" toxicity="" studies="" in="" the="" rat="" and="" rabbit,="" and="" a="" 2-generation="" reproductive="" study="" in="" the="" rat.="" the="" data="" demonstrated="" no="" indication="" of="" increased="" sensitivity="" of="" rats="" to="" zeta-cypermethrin="" or="" rabbits="" to="" cypermethrin="" in="" utero="" and/or="" postnatal="" exposure="" to="" zeta-cypermethrin="" or="" cypermethrin.="" the="" developmental="" toxicity="" studies="" are="" designed="" to="" evaluate="" adverse="" effects="" on="" the="" developing="" organism="" resulting="" from="" pesticide="" exposure="" during="" prenatal="" development="" to="" one="" or="" both="" parents.="" reproduction="" studies="" provide="" information="" relating="" to="" effects="" from="" exposure="" to="" the="" pesticide="" on="" the="" reproductive="" capability="" of="" mating="" animals="" and="" data="" on="" systemic="" toxicity.="" ffdca="" section="" 408="" provides="" that="" epa="" may="" apply="" an="" additional="" margin="" of="" safety="" for="" infants="" and="" children="" in="" the="" case="" of="" threshold="" effects="" to="" account="" for="" pre-="" and="" post-natal="" toxicity="" and="" the="" completeness="" of="" the="" database.="" [[page="" 34184]]="" ii.="" developmental="" toxicity="" studies.="" in="" the="" prenatal="" developmental="" toxicity="" studies="" in="" rats="" and="" rabbits,="" there="" was="" no="" evidence="" of="" developmental="" toxicity="" at="" the="" hdt="" (35.0="" mg/kg/day="" in="" rats="" and="" 700="" mg/="" kg/day="" in="" rabbits).="" decreased="" body="" weight="" gain="" was="" observed="" at="" the="" maternal="" loel="" in="" each="" study;="" the="" maternal="" noel="" was="" established="" at="" 12.5="" mg/kg/day="" in="" rats="" and="" 100="" mg/kg/day="" in="" rabbits.="" iii.="" reproductive="" toxicity="" study.="" in="" the="" 2-generation="" reproduction="" study="" in="" rats,="" offspring="" toxicity="" (body="" weight)="" and="" parental="" toxicity="" (body="" weight,="" organ="" weight,="" and="" clinical="" signs)="" was="" observed="" at="" 27.0="" mg/kg/day="" and="" greater.="" the="" parental="" systemic="" noel="" was="" 7.0="" mg/kg/day="" and="" the="" parental="" systemic="" loel="" was="" 27.0="" mg/kg/day.="" there="" were="" no="" developmental="" (pup)="" or="" reproductive="" effects="" up="" to="" 45.0="" mg/kg/day,="" hdt.="" iv.="" pre-="" and="" post-natal="" sensitivity--a.="" pre-natal.="" there="" was="" no="" evidence="" of="" developmental="" toxicity="" in="" the="" studies="" at="" the="" hdt="" in="" the="" rat="" (35.0="" mg/kg/day)="" or="" in="" the="" rabbit="" (700="" mg/kg/day).="" therefore,="" there="" is="" no="" evidence="" of="" a="" special="" dietary="" risk="" (either="" acute="" or="" chronic)="" for="" infants="" and="" children="" which="" would="" require="" an="" additional="" safety="" factor.="" b.="" post-natal.="" based="" on="" the="" absence="" of="" pup="" toxicity="" up="" to="" dose="" levels="" which="" produced="" toxicity="" in="" the="" parental="" animals,="" there="" is="" no="" evidence="" of="" special="" post-natal="" sensitivity="" to="" infants="" and="" children="" in="" the="" rat="" reproduction="" study.="" c.="" conclusion.="" based="" on="" the="" above,="" fmc="" concludes="" that="" reliable="" data="" support="" use="" of="" the="" standard="" 100-fold="" uncertainty="" factor,="" and="" that="" an="" additional="" uncertainty="" factor="" is="" not="" needed="" to="" protect="" the="" safety="" of="" infants="" and="" children.="" as="" stated="" above,="" aggregate="" exposure="" assessments="" utilized="" significantly="" less="" than="" 1="" %="" of="" the="" rfd="" for="" either="" the="" entire="" u.="" s.="" population="" or="" any="" of="" the="" 26="" population="" subgroups="" including="" infants="" and="" children.="" therefore,="" it="" may="" be="" concluded="" that="" there="" is="" reasonable="" certainty="" that="" no="" harm="" will="" result="" to="" infants="" and="" children="" from="" aggregate="" exposure="" to="" cypermethrin="" residues.="" 3.="" subchronic="" toxicity--="" short-="" and="" intermediate-term="" toxicity.="" the="" noel="" of="" 3.8="" mg/kg/day="" based="" on="" the="" noel="" 7.5="" mg/kg/day="" from="" the="" cypermethrin="" toxicity/oncogenicity="" study="" in="" rats="" and="" a="" correction="" factor="" of="" two="" to="" account="" for="" the="" biologically="" active="" isomer="" would="" also="" be="" used="" for="" short-="" and="" intermediate-term="" moe="" calculations="" (as="" well="" as="" acute,="" discussed="" in="" (e.1.)="" above).="" the="" loel="" of="" this="" study="" of="" 50.0="" mg/="" kg/day="" was="" based="" on="" neurological="" signs="" observed="" in="" the="" first="" week="" of="" the="" study.="" f.="" international="" tolerances="" there="" are="" no="" codex,="" canadian,="" or="" mexican="" residue="" limits="" for="" residues="" of="" zeta-cypermethrin="" in="" or="" on="" brassica,="" head="" and="" stem="" vegetables;="" brassica,="" leafy="" vegetables;="" and="" leafy="" vegetables="" (except="" brassica="" vegetables)="" group.="" (stephaine="" willette).="" [fr="" doc.="" 98-16673="" filed="" 6-22-98;="" 8:45="" am]="" billing="" code="" 6560-50-f="">

Document Information

Published:
06/23/1998
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
98-16673
Dates:
Comments, identified by the docket control number PF-813, must be received on or before July 23, 1998.
Pages:
34176-34184 (9 pages)
Docket Numbers:
PF-813, FRL-5795-1
PDF File:
98-16673.pdf