97-17370. Tebufenozide; Pesticide Tolerances for Emergency Exemptions  

  • [Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
    [Rules and Regulations]
    [Pages 35683-35689]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-17370]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 180
    
    [OPP-300500; FRL-5719-9]
    RIN 2070-AB78
    
    
    Tebufenozide; Pesticide Tolerances for Emergency Exemptions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This regulation establishes time-limited tolerances for 
    residues of the insecticide tebufenozide in or on the following raw 
    agricultural commodities: apples; apple pomace; cottonseed, undelinted; 
    cottonseed meal; cottonseed oil; cottonseed hulls, cotton gin 
    byproducts; milk; meat, meat fat, and meat by-products of cattle, 
    sheep, and goats; and horse meat in connection with EPA's granting of 
    emergency exemptions under section 18 of the Federal Insecticide, 
    Fungicide, and Rodenticide Act authorizing use of tebufenozide on 
    apples in Pennsylvania, New Jersey, Virginia, West Virginia, Michigan 
    and New York. This regulation establishes maximum permissible levels 
    for residues of tebufenozide on the above raw agricultural commodities 
    pursuant to section 408(l)(6) of the Federal Food, Drug and Cosmetic 
    Act, as amended by the Food Quality Protection Act of 1996. These 
    tolerances will expire and be revoked on June 30, 1998.
    
    DATES: This regulation becomes effective July 2, 1997. Objections and 
    requests for hearings must be received by EPA on or before September 2, 
    1997.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    docket control number, [OPP-300500], must be submitted to: Hearing 
    Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
    SW., Washington, DC 20460. Fees accompanying objections and hearing 
    requests shall be labeled ``Tolerance Petition Fees'' and forwarded to: 
    EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
    P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and 
    hearing requests filed with the Hearing Clerk identified by the docket 
    control number, [OPP-300500], must be submitted to: Public Information 
    and Records Integrity Branch, Information Resources and Services 
    Division (7506C), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
    bring a copy of objections and hearing requests to Rm. 1132, CM #2, 
    1921 Jefferson Davis Hwy., Arlington, VA.
        A copy of objections and hearing requests filed with the Hearing 
    Clerk may also be submitted electronically by sending electronic mail 
    (e-mail) to: opp-docket@epamail.epa.gov. Copies of objections and 
    hearing requests must be submitted as an ASCII file avoiding the use of 
    special characters and any form of encryption. Copies of objections and 
    hearing requests will also be accepted on disks in WordPerfect 5.1 file 
    format or ASCII file format. All copies of objections and hearing 
    requests in electronic form must be identified by the docket control 
    number [OPP-300500]. No Confidential Business Information (CBI) should 
    be submitted through e-mail. Electronic copies of objections and 
    hearing requests on this rule may be filed online at many Federal 
    Depository Libraries.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Pat Cimino, Registration 
    Division (7505W), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location, telephone number, and e-mail: Sixth Floor, Crystal Station 
    #1, 2800 Jefferson Davis Highway, Arlington, VA 22202. (703) 308-8328, 
    e-mail: cimino.pat@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: EPA, on its own initiative, pursuant to 
    section 408(e) and (l)(6) of the Federal Food, Drug, and Cosmetic Act 
    (FFDCA), 21 U.S.C. 346a(e) and (l)(6), is establishing tolerances for 
    residues of the insecticide tebufenozide (benzoic acid, 3,5-dimethyl-1-
    (1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide) in or on apples at 1.0 
    part per million (ppm); apple pomace at 2.0 ppm; cottonseed, undelinted 
    at 0.2 ppm; cottonseed meal at 0.5 ppm; cottonseed oil at 1.3 ppm; 
    cottonseed hulls at 0.8 ppm; cotton gin byproducts at 4.0 ppm; milk at 
    0.05
    
    [[Page 35684]]
    
    ppm; meat of cattle, sheep, goats, and horses at 0.02 ppm; fat of 
    cattle, sheep, and goats at 0.10 ppm; meat by-products (except liver 
    kidney) of cattle, sheep, and goats at 0.10 ppm; liver of cattle, 
    sheep, and goats at 1.0 ppm; and kidney of cattle, sheep, and goats at 
    0.02 ppm. These tolerances will expire and be revoked by EPA on June 
    30, 1998. EPA will publish a document in the Federal Register to remove 
    the revoked tolerance from the Code of Federal Regulations.
    
    I. Background and Statutory Authority
    
        The Food Quality Protection Act of 1996 (FQPA) (Pub. L. 104-170) 
    was signed into law August 3, 1996. FQPA amends both the FFDCA, 21 
    U.S.C. 301 et seq., and the Federal Insecticide, Fungicide, and 
    Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. Among other things, FQPA 
    amends FFDCA to bring all EPA pesticide tolerance-setting activities 
    under section 408 with a new safety standard and new procedures. These 
    activities are described below and discussed in greater detail in the 
    final rule establishing the time-limited tolerance associated with the 
    emergency exemption for use of propiconazole on sorghum (61 FR 58135, 
    November 13, 1996) (FRL-5572-9).
        New section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a 
    tolerance (the legal limit for a pesticide chemical residue in or on a 
    food) only if EPA determines that the tolerance is ``safe.'' Section 
    408(b)(2)(A)(ii) defines ``safe'' to mean that ``there is a reasonable 
    certainty that no harm will result from aggregate exposure to the 
    pesticide chemical residue, including all anticipated dietary exposures 
    and all other exposures for which there is reliable information.'' This 
    includes exposure through drinking water and in residential settings, 
    but does not include occupational exposure. Section 408(b)(2)(C) 
    requires EPA to give special consideration to exposure of infants and 
    children to the pesticide chemical residue in establishing a tolerance 
    and to ``ensure that there is a reasonable certainty that no harm will 
    result to infants and children from aggregate exposure to the pesticide 
    chemical residue....''
        Section 18 of FIFRA authorizes EPA to exempt any Federal or State 
    agency from any provision of FIFRA, if EPA determines that ``emergency 
    conditions exist which require such exemption''. This provision was not 
    amended by FQPA. EPA has established regulations governing such 
    emergency exemptions in 40 CFR part 166. Section 408(l)(6) of the FFDCA 
    requires EPA to establish a time-limited tolerance or exemption from 
    the requirement for a tolerance for pesticide chemical residues in food 
    that will result from the use of a pesticide under an emergency 
    exemption granted by EPA under section 18 of FIFRA. Such tolerances can 
    be established without providing notice or period for public comment.
        Because decisions on section 18-related tolerances must proceed 
    before EPA reaches closure on several policy issues relating to 
    interpretation and implementation of the FQPA, EPA does not intend for 
    its actions on such tolerance to set binding precedents for the 
    application of section 408 and the new safety standard to other 
    tolerances and exemptions.
    
    II. Emergency Exemptions for Tebufenozide on Apples and FFDCA 
    Tolerances
    
        Between February 13 and April 24, 1997, the New Jersey Department 
    of Environmental Protection, Virginia Department of Agriculture and 
    Consumer Affairs, New York Department of Environmental Conservation, 
    and Pennsylvania, West Virginia, and Michigan Departments of 
    Agriculture requested a specific exemption under FIFRA section 18 for 
    the use of tebufenozide on apples to control tufted apple bud moth in 
    PA, NJ, VA and WV and oblique banded leafroller in NY and MI. These 
    pests are becoming increasingly resistant to registered pesticide 
    alternatives and growers are experiencing both quality and yield losses 
    from infestations. The registered alternative products do not provide 
    control of these pests and lack of a viable alternative is responsible 
    for growing levels of economic loss over the last several years. 
    Growers will experience significant economic loss if these pests are 
    not controlled. After having reviewed their submissions, EPA concurs 
    that emergency conditions exist.
        Between March 18 and June 20, 1997, the Texas, South Carolina, 
    Louisiana, Florida, Mississippi, Arkansas, Alabama, Georgia and New 
    Mexico Departments of Agriculture requested a specific exemption under 
    FIFRA Section 18 for the use of tebufenozide on cotton to control beet 
    armyworm in cotton. This pest is resistant to control by currently 
    registered products and growers have experienced significant economic 
    losses from infestations of this pest. After having reviewed their 
    submissions, EPA concurs that emergency conditions exist.
        As part of its assessment of these applications for emergency 
    exemption, EPA assessed the potential risks presented by residues of 
    tebufenozide on apples. In doing so, EPA considered the new safety 
    standard in FFDCA section 408(b)(2), and EPA decided to grant the 
    section 18 exemptions only after concluding that the necessary 
    tolerance under FFDCA section 408(l)(6) would clearly be consistent 
    with the new safety standard and with FIFRA section 18. These 
    tolerances for tebufenozide will permit the marketing of apples treated 
    in accordance with the provisions of the section 18 emergency 
    exemptions. Consistent with the need to move quickly on the emergency 
    exemptions and to ensure that the resulting food is safe and lawful, 
    EPA is issuing these tolerances without notice and opportunity for 
    public comment under section 408(e) as provided in section 408(l)(6). 
    Although these tolerances will expire and be revoked by EPA on June 30, 
    1998, under FFDCA section 408(l)(5), residues of tebufenozide not in 
    excess of the amount specified in the tolerances remaining in or on 
    apples, milk, meat, meat fat and meat by-products after that date will 
    not be unlawful, provided the pesticide is applied during the term of, 
    and in accordance with all the conditions of, the emergency exemptions. 
    EPA will take action to revoke these tolerances earlier if any 
    experience with, scientific data on, or other relevant information on 
    this pesticide indicate that the residues are not safe.
        EPA has not made any decisions about whether tebufenozide meets the 
    requirements for registration under FIFRA section 3 for use on apples 
    or whether permanent tolerances for tebufenozide for apples would be 
    appropriate. This action by EPA does not serve as a basis for 
    registration of tebufenozide by a State for special local needs under 
    FIFRA section 24(c). Nor does this action serve as the basis for any 
    States other than Pennsylvania, New Jersey, Virginia, West Virginia, 
    New York or Michigan to use this product on this crop under section 18 
    of FIFRA without following all provisions of section 18 as identified 
    in 40 CFR 180.166. For additional information regarding the emergency 
    exemptions for tebufenozide, contact the Agency's Registration Division 
    at the address provided above.
    
    III. Risk Assessment and Statutory Findings
    
        EPA performs a number of analyses to determine the risks from 
    aggregate exposure to pesticide residues. First, EPA determines the 
    toxicity of pesticides based primarily on toxicological studies using 
    laboratory animals. These studies address many
    
    [[Page 35685]]
    
    adverse health effects, including (but not limited to) reproductive 
    effects, developmental toxicity, toxicity to the nervous system, and 
    carcinogenicity. For many of these studies, a dose-response 
    relationship can be determined, which provides a dose that causes 
    adverse effects (threshold effects) and doses causing no observed 
    effects (the ``no-observed effect level'' or ``NOEL'').
        Once a study has been evaluated and the observed effects have been 
    determined to be threshold effects, EPA generally divides the NOEL from 
    the study with the lowest NOEL by an uncertainty factor (usually 100 or 
    more) to determine the Reference Dose (RfD). The RfD is a level at or 
    below which daily aggregate exposure over a lifetime will not pose 
    appreciable risks to human health. An uncertainty factor (sometimes 
    called a ``safety factor'') of 100 is commonly used since it is assumed 
    that people may be up to 10 times more sensitive to pesticides than the 
    test animals, and that one person or subgroup of the population (such 
    as infants and children) could be up to 10 times more sensitive to a 
    pesticide than another. In addition, EPA assesses the potential risks 
    to infants and children based on the weight of the evidence of the 
    toxicology studies and determines whether an additional uncertainty 
    factor is warranted. Thus, an aggregate daily exposure to a pesticide 
    residue at or below the RfD (expressed as 100% or less of the RfD) is 
    generally considered acceptable by EPA. For shorter term risks, EPA 
    calculates a MOE by dividing the estimated human exposure into the NOEL 
    from the appropriate animal study. Commonly, EPA finds MOEs lower than 
    100 to be unacceptable. This 100-fold MOE is based on the same 
    rationale as the 100-fold uncertainty factor.
        Lifetime feeding studies in two species of laboratory animals are 
    conducted to screen pesticides for cancer effects. When evidence of 
    increased cancer is noted in these studies, the Agency conducts a 
    weight-of-the-evidence review of all relevant toxicological data 
    including short-term and mutagenicity studies and structure-activity 
    relationships. Once a pesticide has been classified as a potential 
    human carcinogen, different types of risk assessments (e.g., linear 
    low-dose extrapolations or MOE calculation based on the appropriate 
    NOEL) will be carried out based on the nature of the carcinogenic 
    response and the Agency's knowledge of its mode of action.
        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). 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. The TMRC is a 
    ``worst case'' estimate since it is based on the assumptions that food 
    contains pesticide residues at the tolerance level and that 100% of the 
    crop is treated by pesticides that have established tolerances. If the 
    TMRC exceeds the RfD or poses a lifetime cancer risk that is greater 
    than approximately one in a million, EPA attempts to derive a more 
    accurate exposure estimate for the pesticide by evaluating additional 
    types of information (anticipated residue data and/or percent of crop 
    treated data) which show, generally, that pesticide residues in most 
    foods when they are eaten are well below established tolerances.
        Percent of crop treated estimates are derived from reliable federal 
    and private market basket survey data. Typically, a range of estimates 
    are supplied and the upper end of this range is assumed for the 
    exposure assessment. By using the upper end estimate of percent of crop 
    treated, the Agency is reasonably certain that exposure is not 
    understated for any significant subpopulation group.
    
    IV. Aggregate Risk Assessments and Determination of Safety
    
        Consistent with section 408(b)(2)(D), EPA has reviewed the 
    available scientific data and other relevant information in support of 
    this action.
    
    A. Toxicological Profile
    
        1. Acute toxicity. No acute toxicological effects of concern were 
    identified by the Agency.
        2. Short- and intermediate-term toxicity. No short- or 
    intermediate-term toxicological effects of concern were identified by 
    the Agency.
        3. Chronic toxicity. The RfD for tebufenozide is 0.018 
    milligrams(mg)/kilogram(kg)/day and is based on a 1-year feeding study 
    in dogs with a NOEL of 1.8 mg/kg/day and an uncertainty factor of 100. 
    Decreased red blood cells, hematocrit, and hemoglobin and increased 
    heinz bodies, reticulocytes, and platelets were observed at the lowest-
    observed effect level (LOEL) of 8.7 mg/kg/day.
        4. Cancer. Using its Guidelines for Carcinogen Risk Assessment 
    published September 24, 1986 (51 FR 33992), the Agency has classified 
    tebufenozide as a Group ``E'' chemical (no evidence of carcinogenicity) 
    based on the results of carcinogenicity studies in two species. There 
    was no evidence of carcinogenicity in a 2-year rat study and an 18-
    month mouse study.
    
    B. Aggregate Exposure
    
        In examining aggregate exposure, FQPA directs EPA to consider 
    available information concerning exposures from the pesticide residue 
    in food and all other non-occupational exposures. The primary non-food 
    sources of exposure the Agency looks at include drinking water (whether 
    from groundwater or surface water), and exposure through pesticide use 
    in gardens, lawns, or buildings (residential and other indoor uses). In 
    evaluating food exposures, EPA takes into account varying consumption 
    patterns of major identifiable subgroups of consumers, including 
    infants and children.
        A permanent tolerance of 0.1 ppm has been established for residues 
    of tebufenozide in or on walnuts and an apple import tolerance has been 
    established. Tebufenozide is not registered for indoor or outdoor 
    residential uses.
        1. Acute exposure. Acute dietary 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 one day 
    or single exposure. No acute toxicological effects of concern have been 
    identified for tebufenozide and an acute risk assessment is not 
    required.
        2. Chronic exposure.--i. Dietary-food exposure. In conducting 
    exposure assessments for this section 18 request, EPA used tolerance 
    level residues and assumed that 100% of the crop would be treated with 
    the pesticide (TMRC worst-case analysis assumptions, as described 
    above).
        ii. Drinking water exposure. Environmental fate data submitted to 
    the Agency suggest that tebufenozide is moderately persistent to 
    persistent and mobile and could potentially leach to groundwater and 
    runoff to surface water under certain environmental conditions.
        No Maximum Concentration Level or Health Advisory Level has been 
    established for residues of tebufenozide in drinking water. There is no 
    entry for
    
    [[Page 35686]]
    
    tebufenozide in the ``Pesticides in Groundwater Database'' (EPA 34-12-
    92-001, Sept. 1992).
        Because the Agency lacks sufficient water-related exposure data to 
    complete a comprehensive drinking water risk assessment for many 
    pesticides, EPA has commenced and nearly completed a process to 
    identify a reasonable yet conservative bounding figure for the 
    potential contribution of water related exposure to the aggregate risk 
    posed by a pesticide. In developing the bounding figure, EPA estimated 
    residue levels in water for a number of specific pesticides using 
    various data sources. The Agency then applied the estimated residue 
    levels, in conjunction with appropriate toxicological endpoints (RfD's 
    or acute dietary NOEL's) and assumptions about body weight and 
    consumption, to calculate, for each pesticide, the increment of 
    aggregate risk contributed by consumption of contaminated water. While 
    EPA has not yet pinpointed the appropriate bounding figure for 
    consumption of contaminated water, the ranges the Agency is continuing 
    to examine are all below the level that would cause tebufenozide to 
    exceed the RfD if the tolerance being considered in this document were 
    granted. The Agency has therefore concluded that the potential 
    exposures associated with tebufenozide in water, even at the higher 
    levels the Agency is considering as a conservative upper bound, would 
    not prevent the Agency from determining that there is a reasonable 
    certainty of no harm if the tolerance is granted.
        iii. Non-dietary, non-occupational exposure. Non-dietary, non-
    occupational exposure is not expected because tebufenozide is not 
    registered for indoor or outdoor residential uses.
    
    C. Cumulative Exposure to Substances with Common Mechanism of Toxicity
    
        Section 408(b)(2)(D)(v) requires that, when considering whether to 
    establish, modify, or revoke a tolerance, the Agency consider 
    ``available information'' concerning the cumulative effects of a 
    particular pesticide's residues and ``other substances that have a 
    common mechanism of toxicity.'' The Agency believes that ``available 
    information'' in this context might include not only toxicity, 
    chemistry, and exposure data, but also scientific policies and 
    methodologies for understanding common mechanisms of toxicity and 
    conducting cumulative risk assessments. For most pesticides, although 
    the Agency has some information in its files that may turn out to be 
    helpful in eventually determining whether a pesticide shares a common 
    mechanism of toxicity with any other substances, EPA does not at this 
    time have the methodologies to resolve the complex scientific issues 
    concerning common mechanism of toxicity in a meaningful way. EPA has 
    begun a pilot process to study this issue further through the 
    examination of particular classes of pesticides. The Agency hopes that 
    the results of this pilot process will increase the Agency's scientific 
    understanding of this question such that EPA will be able to develop 
    and apply scientific principles for better determining which chemicals 
    have a common mechanism of toxicity and evaluating the cumulative 
    effects of such chemicals. The Agency anticipates, however, that even 
    as its understanding of the science of common mechanisms increases, 
    decisions on specific classes of chemicals will be heavily dependent on 
    chemical specific data, much of which may not be presently available.
        Although at present the Agency does not know how to apply the 
    information in its files concerning common mechanism issues to most 
    risk assessments, there are pesticides as to which the common mechanism 
    issues can be resolved. These pesticides include pesticides that are 
    toxicologically dissimilar to existing chemical substances (in which 
    case the Agency can conclude that it is unlikely that a pesticide 
    shares a common mechanism of activity with other substances) and 
    pesticides that produce a common toxic metabolite (in which case common 
    mechanism of activity will be assumed).
        EPA does not have, at this time, available data to determine 
    whether tebufenozide has a common mechanism of toxicity with other 
    substances or how to include this pesticide in a cumulative risk 
    assessment. Unlike other pesticides for which EPA has followed a 
    cumulative risk approach based on a common mechanism of toxicity, 
    tebufenozide does not appear to produce a toxic metabolite produced by 
    other substances. For the purposes of this tolerance action, therefore, 
    EPA has not assumed that tebufenozide has a common mechanism of 
    toxicity with other substances.
    
    D. Safety Determinations for U.S. Population
    
        1. Acute risk. No acute toxicological effects of concern have been 
    identified for tebufenozide and an acute risk assessment is not 
    required.
    
        2. Short- and intermediate-term risk. Because no toxicity concerns 
    have been identified by the Agency for short- or intermediate-term 
    exposure to tebufenozide and no indoor or outdoor residential uses are 
    registered, a short- or intermediate-term aggregate risk assessment is 
    not required.
        3. Chronic risk. Using the conservative TMRC exposure assumptions 
    described above, EPA has concluded that chronic aggregate exposure to 
    tebufenozide from food will utilize 31% of the RfD for the U.S. 
    population. Aggregate exposure to tebufenozide from food utilizes <81% of="" the="" rfd="" for="" all="" major="" identifiable="" subgroups,="" including="" infants="" and="" children.="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd="" because="" the="" rfd="" represents="" the="" level="" at="" or="" below="" which="" daily="" aggregate="" dietary="" exposure="" over="" a="" lifetime="" will="" not="" pose="" appreciable="" risks="" to="" human="" health.="" despite="" the="" potential="" for="" exposure="" to="" tebufenozide="" in="" drinking="" water,="" epa="" does="" not="" expect="" the="" aggregate="" exposure="" to="" exceed="" 100%="" of="" the="" rfd.="" epa="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" chronic="" aggregate="" exposure="" to="" tebufenozide="" residues.="" e.="" determination="" of="" safety="" for="" infants="" and="" children="" in="" assessing="" the="" potential="" for="" additional="" sensitivity="" of="" infants="" and="" children="" to="" residues="" of="" tebufenozide,="" 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.="" margins="" of="" safety="" are="" incorporated="" into="" epa="" risk="" assessments="" either="" directly="" through="" use="" of="" a="" moe="" analysis="" or="" through="" using="" uncertainty="" (safety)="" factors="" in="" calculating="" a="" dose="" level="" that="" poses="" no="" appreciable="" risk="" to="" humans.="" epa="" believes="" that="" reliable="" data="" support="" using="" the="" standard="" moe="" and="" uncertainty="" factor="" (usually="" 100="" for="" combined="" inter-="" and="" intra-="" species="" variability)="" and="" not="" the="" additional="" tenfold="" moe/uncertainty="" factor="" when="" epa="" has="" a="" complete="" data="" base="" under="" [[page="" 35687]]="" existing="" guidelines="" and="" when="" the="" severity="" of="" the="" effect="" in="" infants="" or="" children="" or="" the="" potency="" or="" unusual="" toxic="" properties="" of="" a="" compound="" do="" not="" raise="" concerns="" regarding="" the="" adequacy="" of="" the="" standard="" moe/safety.="" based="" on="" current="" toxicological="" data="" requirements,="" the="" data="" base="" for="" developmental="" and="" reproductive="" studies="" for="" tebufenozide="" is="" complete.="" the="" data="" indicate="" that="" there="" are="" no="" special="" pre-="" or="" post-natal="" toxicity="" concerns="" for="" infants="" and="" children="" and="" that="" the="" standard="" uncertainty="" factor="" is="" adequate="" to="" protect="" the="" safety="" of="" infants="" and="" children.="" developmental="" toxicity="" was="" not="" observed="" in="" developmental="" studies="" using="" rats="" and="" rabbits.="" the="" noel="" for="" developmental="" effects="" in="" both="" rats="" and="" rabbits="" was="" 1,000="" mg/kg/day="" (hdt),="" which="" is="" the="" limit="" dose="" for="" testing="" in="" developmental="" studies.="" 1.="" developmental="" toxicity="" studies.--i.="" rat="" developmental="" toxicity.="" the="" maternal="" (systemic)="" noel="" was="" 250="" mg/kg/day="" and="" the="" loel="" was="" 1,000="" mg/kg/day="" based="" on="" decreased="" weight="" gain="" and="" food="" consumption.="" the="" developmental="" (pup)="" noel="" was="">1,000 mg/kg/day, the highest dose tested 
    (HDT).
        ii. Rabbit developmental toxicity. The maternal (systemic) and 
    developmental (pup) NOELs were >1,000 mg/kg/day (HDT).
        2. Reproductive toxicity studies.--Rat reproduction toxicity. In 
    the two-generation reproductive toxicity study in the rat, the parental 
    (systemic) NOEL was 0.85 mg/kg/day. Splenic pigmentation changes and 
    extramedullary hematopoiesis occurred in the parents at the LOEL of 
    12.1 mg/kg/day (in males and females and in both generations). In 
    addition to these effects, decreased body weight gain and food 
    consumption occurred at 171.1 mg/kg/day.
        The reproductive (pup) NOEL was 12.1 mg/kg/day and the LOEL was 
    171.1 mg/kg/day based on a slight increase, in both generations, in the 
    number of pregnant females that did not deliver and a slight increase 
    in the number of second generation pregnant females that had difficulty 
    delivering and had to be sacrificed. Additionally, in second generation 
    dams at the LOEL, the length of gestation increased and implantation 
    sites decreased significantly. Finally, the number of pups per litter 
    decreased on Lactation Day (LD) 4 to 90% of the controls for the first 
    generation and on LD's 0 and 4 (80%) for the second generation. Because 
    these reproductive effects occurred in the presence of parental 
    (systemic) toxicity, these data do not suggest an increased post-natal 
    sensitivity to children and infants (that infants and children might be 
    more sensitive than adults) to tebufenozide exposure.
        3. Pre- and post- natal sensitivity. The developmental (pup) NOELs 
    of >1,000 mg/kg/day (HDT) from the rat and rabbit developmental 
    toxicity studies demonstrate that there is no developmental (pre-natal) 
    toxicity present for tebufenozide. Additionally, these developmental 
    NOELs are greater than 500-fold higher than the NOEL of 1.8 mg/kg/day 
    from the 1-year feeding study in dogs which was the basis of the RfD.
        In the reproductive toxicity study in rats, the reproductive NOEL 
    (12.1 mg/kg/day) is 14-fold higher than the parental NOEL (0.85 mg/kg/
    day) and indicates that post-natal toxicity in the reproductive studies 
    occurs only in the presence of significant parental toxicity.
        These developmental and reproductive studies indicate that 
    tebufenozide does not have additional sensitivity for infants and 
    children in comparison to other exposed groups.
        4. Acute risk. No acute toxicological effects of concern have been 
    identified for tebufenozide and an acute risk assessment is not 
    required.
        5. Short- and intermediate-term risk. Because no toxicity concerns 
    have been identified by the Agency for short- or intermediate-term 
    exposure to tebufenozide and no indoor or outdoor residential uses are 
    registered, a short- or intermediate-term aggregate risk assessment is 
    not required.
    
        6. Chronic risk. Using the conservative exposure assumptions 
    described above, EPA has concluded that the percentage of RfD that will 
    be utilized by dietary (food only) exposure to residues of tebufenozide 
    ranges from 41% for nursing infants up to 80% for non-nursing infants 
    <1 year="" old.="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd="" because="" the="" rfd="" represents="" the="" level="" at="" or="" below="" which="" daily="" aggregate="" dietary="" exposure="" over="" a="" lifetime="" will="" not="" pose="" appreciable="" risks="" to="" human="" health.="" despite="" the="" potential="" for="" chronic="" exposure="" to="" tebufenozide="" in="" drinking="" water,="" epa="" does="" not="" expect="" the="" aggregate="" exposure="" to="" exceed="" 100%="" of="" the="" rfd.="" epa="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" to="" infants="" and="" children="" from="" chronic="" aggregate="" exposure="" to="" tebufenozide="" residues.="" v.="" other="" considerations="" a.="" metabolism="" in="" plants="" and="" animals="" the="" metabolism="" in/on="" plants="" is="" adequately="" understood.="" the="" residue="" of="" concern="" is="" the="" parent="" compound,="" tebufenozide="" per="" se="" as="" specified="" in="" 40="" cfr="" 180.482.="" the="" metabolism="" in="" animals="" is="" not="" adequately="" understood;="" however,="" for="" purposes="" of="" these="" section="" 18="" exemptions="" only,="" the="" agency="" considers="" the="" residue="" of="" concern="" to="" be="" the="" parent="" compound,="" tebufenozide="" per="" se.="" estimates="" of="" secondary="" residues="" in="" ruminant="" tissues="" were="" extrapolated="" from="" data="" from="" a="" goat="" metabolism="" study="" submitted="" to="" support="" the="" import="" tolerance="" on="" apples.="" the="" recommended="" secondary="" ruminant="" tissue="" residues="" are="" based="" on="" high="" level="" dosing="" and="" maximum="" radioactive="" residues="" found="" in="" goat="" tissues="" and="" are="" likely="" conservative="" estimates="" of="" the="" actual="" residue="" levels="" that="" would="" occur="" in="" ruminants="" fed="" apple="" pomace="" containing="" tebufenozide="" residues.="" b.="" analytical="" enforcement="" methodology="" the="" hplc/uv="" method,="" tr="" 34-94-38="" is="" adequate="" to="" detect="" residue="" so="" the="" parent="" compound="" in="" apples.="" at="" this="" time,="" there="" are="" no="" analytical="" methods="" available="" to="" the="" agency="" to="" detect="" secondary="" residues="" in="" animal="" matrixes="" as="" a="" result="" of="" this="" use.="" c.="" magnitude="" of="" residues="" residues="" of="" tebufenozide="" are="" not="" expected="" to="" exceed="" the="" following="" levels="" as="" a="" result="" of="" this="" use:="" 1.0="" ppm="" in="" apples;="" 2.0="" ppm="" in="" apple="" pomace;="" 0.05="" ppm="" in="" milk;="" 0.02="" ppm="" in="" meat="" of="" cattle,="" sheep,="" goat,="" and="" horse;="" 0.1="" ppm="" in="" fat="" of="" cattle,="" sheep,="" and="" goats;="" 0.1="" ppm="" in="" meat="" by-="" products="" (except="" liver="" and="" kidney)="" of="" cattle,="" sheep,="" and="" goats;="" 1.0="" ppm="" in="" liver="" of="" cattle,="" sheep,="" and="" goat;="" and="" 0.02="" ppm="" in="" kidneys="" of="" cattle,="" sheep,="" and="" goats.="" d.="" international="" residue="" limits="" there="" are="" no="" codex,="" canadian,="" or="" mexican="" international="" residue="" limits="" established="" for="" use="" of="" tebufenozide="" on="" apples.="" vi.="" conclusion="" therefore,="" tolerances="" in="" connection="" with="" the="" fifra="" section="" 18="" emergency="" exemptions="" are="" established="" for="" residues="" of="" tebufenozide="" in/on="" the="" following:="" apples="" -="" 1.0="" ppm;="" apple="" pomace="" -="" 2.0="" ppm;="" cottonseed,="" undelinted="" -="" 0.2="" ppm;="" cottonseed="" meal="" -="" 0.5="" ppm;="" cottonseed="" oil="" -="" 1.3="" ppm;="" cottonseed="" hulls="" -="" 0.8="" ppm;="" cotton="" gin="" byproducts="" -="" 4.0="" ppm;="" milk="" -="" 0.05="" ppm;="" meat="" of="" cattle,="" sheep,="" goat,="" and="" horse="" -="" 0.02="" ppm;="" fat="" of="" cattle,="" sheep,="" and="" goats="" -="" 0.1="" ppm;="" meat="" by-products="" (except="" liver="" and="" kidney)="" of="" cattle,="" sheep,="" and="" goats="" -="" 0.1="" ppm;="" liver="" of="" cattle,="" sheep,="" and="" goat="" -="" 1.0="" ppm;="" and="" kidneys="" of="" cattle,="" sheep,="" and="" goats="" -="" 0.02="" ppm.="" [[page="" 35688]]="" vii.="" objections="" and="" hearing="" requests="" the="" new="" ffdca="" section="" 408(g)="" provides="" essentially="" the="" same="" process="" for="" persons="" to="" ``object''="" to="" a="" tolerance="" regulation="" issued="" by="" epa="" under="" new="" section="" 408(e)="" and="" (l)(6)="" as="" was="" provided="" in="" the="" old="" section="" 408="" and="" in="" section="" 409.="" however,="" the="" period="" for="" filing="" objections="" is="" 60="" days,="" rather="" than="" 30="" days.="" epa="" currently="" has="" procedural="" regulations="" which="" govern="" the="" submission="" of="" objections="" and="" hearing="" requests.="" these="" regulations="" will="" require="" some="" modification="" to="" reflect="" the="" new="" law.="" however,="" until="" those="" modifications="" can="" be="" made,="" epa="" will="" continue="" to="" use="" those="" procedural="" regulations="" with="" appropriate="" adjustments="" to="" reflect="" the="" new="" law.="" any="" person="" may,="" by="" september="" 2,="" 1997,="" file="" written="" objections="" to="" any="" aspect="" of="" this="" regulation="" (including="" the="" revocation="" provision)="" and="" may="" also="" request="" a="" hearing="" on="" those="" objections.="" objections="" and="" hearing="" requests="" must="" be="" filed="" with="" the="" hearing="" clerk,="" at="" the="" address="" given="" above="" (40="" cfr="" 178.20).="" a="" copy="" of="" the="" objections="" and/or="" hearing="" requests="" filed="" with="" the="" hearing="" clerk="" should="" be="" submitted="" to="" the="" opp="" docket="" for="" this="" rulemaking.="" the="" objections="" submitted="" must="" specify="" the="" provisions="" of="" the="" regulation="" deemed="" objectionable="" and="" the="" grounds="" for="" the="" objections="" (40="" cfr="" 178.25).="" each="" objection="" must="" be="" accompanied="" by="" the="" fee="" prescribed="" by="" 40="" cfr="" 180.33(i).="" if="" a="" hearing="" is="" requested,="" the="" objections="" must="" include="" a="" statement="" of="" the="" factual="" issues="" on="" which="" a="" hearing="" is="" requested,="" the="" requestor's="" contentions="" on="" such="" issues,="" and="" a="" summary="" of="" any="" evidence="" relied="" upon="" by="" the="" requestor="" (40="" cfr="" 178.27).="" a="" request="" for="" a="" hearing="" will="" be="" granted="" if="" the="" administrator="" determines="" that="" the="" material="" submitted="" shows="" the="" following:="" there="" is="" genuine="" and="" substantial="" issue="" of="" fact;="" there="" is="" a="" reasonable="" possibility="" that="" available="" evidence="" identified="" by="" the="" requestor="" would,="" if="" established,="" resolve="" one="" or="" more="" of="" such="" issues="" in="" favor="" of="" the="" requestor,="" taking="" into="" account="" uncontested="" claims="" or="" facts="" to="" the="" contrary;="" and="" resolution="" of="" the="" factual="" issues="" in="" the="" manner="" sought="" by="" the="" requestor="" would="" be="" adequate="" to="" justify="" the="" action="" requested="" (40="" cfr="" 178.32).="" information="" submitted="" in="" connection="" with="" an="" objection="" or="" hearing="" request="" may="" be="" claimed="" confidential="" by="" marking="" any="" part="" or="" all="" of="" that="" information="" as="" confidential="" business="" information="" (cbi).="" information="" so="" marked="" will="" not="" be="" disclosed="" except="" in="" accordance="" with="" procedures="" set="" forth="" in="" 40="" cfr="" part="" 2.="" a="" copy="" of="" the="" information="" 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.="" viii.="" public="" docket="" epa="" has="" established="" a="" record="" for="" this="" rulemaking="" under="" docket="" control="" number="" [opp-300500]="" (including="" any="" comments="" and="" data="" submitted="" electronically).="" a="" public="" version="" of="" this="" record,="" which="" does="" not="" include="" any="" information="" claimed="" as="" cbi,="" is="" available="" for="" inspection="" from="" 8="" a.m.="" to="" 4:30="" p.m.,="" monday="" through="" friday,="" excluding="" legal="" holidays.="" the="" public="" record="" is="" located="" in="" room="" 1132="" of="" the="" public="" information="" and="" records="" integrity="" branch,="" information="" resources="" and="" services="" division="" (7506c),="" office="" of="" pesticide="" programs,="" environmental="" protection="" agency,="" crystal="" mall="" #2,="" 1921="" jefferson="" davis="" highway,="" arlington,="" va.="" electronic="" comments="" may="" be="" sent="" diectly="" to="" epa:="">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.
        The official record for this rulemaking, as well as the public 
    version, as described above will be kept in paper form. Accordingly, 
    EPA will transfer any copies of objections and hearing requests 
    received electronically into printed, paper form as they are received 
    and will place the paper copies in the official rulemaking record which 
    will also include all comments submitted directly in writing. The 
    official rulemaking record is the paper record maintained at the 
    Virginia address in ``ADDRESSES'' at the beginning of this document.
    
    IX. Regulatory Assessment Requirements
    
        This final rule establishes a tolerance under section 408 of the 
    FFDCA and is in response to a petition received by the Agency 
    requesting the establishment of such a tolerance. The Office of 
    Management and Budget (OMB) has exempted these types of actions from 
    review under Executive Order 12866, entitled Regulatory Planning and 
    Review (58 FR 51735, October 4, 1993). In addition, this final rule 
    does not contain any information collections subject to OMB approval 
    under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or 
    impose any enforceable duty or contain any unfunded mandate as 
    described under Title II of the Unfunded Mandates Reform Act of 1995 
    (UMRA) (Pub. L. 104-4). Nor does it require any prior consultation as 
    specified by Executive Order 12875, entitled Enhancing the 
    Intergovernmental Partnership (58 FR 58093, October 28, 1993), or 
    special considerations as required by Executive Order 12898, entitled 
    Federal Actions to Address Environmental Justice in Minority 
    Populations and Low-Income Populations (59 FR 7629, February 16, 1994), 
    or require OMB review in accordance with Executive Order 13045, 
    entitled Protection of Children from Environmental Health Risks and 
    Safety Risks (62 FR 19885, April 23, 1997).
        In addition, because tolerances that are established on the basis 
    of a petition under section 408(d) of FFDCA, such as the tolerance in 
    this final rule, do not require the issuance of a proposed rwule, the 
    requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
    seq.) do not apply. Prior to the recent amendments to the FFDCA, 
    however, EPA had treated such actions as subject to the RFA. The 
    amendments to the FFDCA clarify that no proposed rule is required for 
    such regulatory actions, which makes the RFA inapplicable to these 
    actions. Nevertheless, the Agency has previously assessed whether 
    establishing tolerances, exemptions from tolerances, raising tolerance 
    levels or expanding exemptions might adversely impact small entities 
    and concluded, as a generic matter, that there is no adverse economic 
    impact (46 FR 24950, May 4, 1981). In accordance with Small Business 
    Administration (SBA) policy, this determination will be provided to the 
    Chief Counsel for Advocacy of the SBA upon request.
    
    X. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, the Agency has submitted a 
    report containing this rule and other required information to the U.S. 
    Senate, the U.S. House ofRepresentatives, and the Comptroller General 
    of the General Accounting Office prior to publication of this rule in 
    today's Federal Register. This is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    List of Subjects in 40 CFR Part 180
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
        Dated: June 13, 1997.
    
    James Jones,
    Acting Director, Registration Division, Office of Pesticide Programs.
        Therefore, 40 CFR Chapter I is amended as follows:
    
    [[Page 35689]]
    
    PART 180--[AMENDED]
    
        1. The authority citation for part 180 continues to read as 
    follows:
        Authority: 21 U.S.C. 346a and 371.
        2. Section 180.482 is amended as follows:
        a. In paragraph (a) by adding a heading.
        b. In paragraph (b) by revising the introductory text and 
    alphabetically adding the entries to the table.
        c. By adding the headings and reserving new paragraphs (c) and (d).
    
    
    Sec. 180.482  Tebufenozide; tolerances for residues.
    
        (a) General. *    *    *
        (b) Section 18 emergency exemptions. Time-limited tolerances are 
    established for residues of the insecticide benzoic acid in connection 
    with use of the pesticide under section 18 emergency exemptions granted 
    by EPA. The tolerances will expire and are revoked on the dates 
    specified in the following table.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                              Expiration/Revocation 
                               Commodity                               Parts per million               Date         
    ----------------------------------------------------------------------------------------------------------------
    Apple pomace..................................................                      2.0                  6/30/98
    Apples........................................................                      1.0                  6/30/98
    Cattle, fat...................................................                     0.10                  6/30/98
    Cattle, kidney................................................                     0.02                  6/30/98
    Cattle, liver.................................................                      1.0                  6/30/98
    Cattle, mbyp..................................................                     0.10                  6/30/98
    Cattle, meat..................................................                     0.02                  6/30/98
    Cotton gin byproducts.........................................                      4.0                  6/30/98
    Cottonseed hulls..............................................                      0.8                  6/30/98
    Cottonseed meal...............................................                      0.5                  6/30/98
    Cottonseed oil................................................                      1.3                  6/30/98
    Cottonseed, undelinted........................................                      0.2                  6/30/98
    Goats, fat....................................................                     0.10                  6/30/98
    Goats, kidney.................................................                     0.02                  6/30/98
    Goats, liver..................................................                      1.0                  6/30/98
    Goats, mbyp...................................................                     0.10                  6/30/98
    Goats, meat...................................................                     0.02                  6/30/98
    Horses, meat..................................................                     0.02                  6/30/98
                                                                                                                    
    *                    *                    *                    *                    *                    *      
                                                                  *                                                 
    Milk..........................................................                     0.05                  6/30/98
                                                                                                                    
    *                    *                    *                    *                    *                    *      
                                                                  *                                                 
    Sheep, fat....................................................                     0.10                  6/30/98
    Sheep, kidney.................................................                     0.02                  6/30/98
    Sheep, liver..................................................                      1.0                  6/30/98
    Sheep, mbyp...................................................                     0.10                  6/30/98
    Sheep, meat...................................................                     0.02                  6/30/98
                                                                                                                    
    *                    *                    *                    *                    *                    *      
                                                                  *                                                 
    ----------------------------------------------------------------------------------------------------------------
    
        (c) Tolerances with regional registrations. [Reserved]
        (d) Indirect or inadvertent residues. [Reserved]
    [FR Doc. 97-17370 Filed 7-1-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
7/2/1997
Published:
07/02/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-17370
Dates:
This regulation becomes effective July 2, 1997. Objections and requests for hearings must be received by EPA on or before September 2, 1997.
Pages:
35683-35689 (7 pages)
Docket Numbers:
OPP-300500, FRL-5719-9
RINs:
2070-AB78
PDF File:
97-17370.pdf
CFR: (1)
40 CFR 180.482