97-19669. Notice of Filing of Pesticide Petitions  

  • [Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
    [Notices]
    [Pages 40075-40086]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-19669]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-744; FRL-5726-4]
    
    
    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-744, must 
    be received on or before August 25, 1997.
    
    ADDRESSES: By mail submit written comments to: Public Information and 
    Records Integrity Branch, Information Resources andServices Division 
    (7506C), Office of Pesticides Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
    to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically by following 
    the instructions under ``SUPPLEMENTARY INFORMATION.'' No confidential 
    business information should be submitted through e-mail.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    ``Confidential Business Information'' (CBI). CBI should not be 
    submitted through e-mail. Information marked as CBI will not be 
    disclosed except in accordance with procedures set forth in 40 CFR part 
    2. A copy of the comment that does not contain CBI must be submitted 
    for inclusion in the public record. Information not marked confidential 
    may be disclosed publicly by EPA without prior notice. All written 
    comments will be available for public inspection in Rm. 1132 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
    table below:
    
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                                       Office location/                     
            Product Manager            telephone number          Address    
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    Mary Waller (PM 21)...........  Rm. 265, CM #2, 703-    1921 Jefferson  
                                     308-9354, e-            Davis Hwy,     
                                     mail:[email protected]   Arlington, VA  
                                     ail.epa.gov.                           
    Cynthia Giles-Parker (PM 22)..  Rm. 247, CM #2, 703-    Do.             
                                     305-7740, e-                           
                                     mail:parker.cynthia@epamai.                             
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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 raw 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 grantinig of 
    the petition. Additional data may be needed before EPA rules on the 
    petition.
        The official record for this notice, as well as the public version, 
    has been established for this notice of filing under docket control 
    number PF-744
    
    [[Page 40076]]
    
    (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''.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
    file format. All comments and data in electronic form must be 
    identified by the docket control number (insert docket number) and 
    appropriate petition number. Electronic comments on this notice may be 
    filed online at many Federal Depository Libraries.
        Authority: 21 U.S.C. 346a.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Food additives, 
    Feed additives, Pesticides and pests, Reporting and recordkeeping 
    requirements.
    
        Dated: July 11, 1997.
    
    James Jones,
    Director, Registration Division, Office of Pesticide Programs.
    
    Summaries of Petitions
    
        Below summaries of the pesticide petitions are printed. The 
    summaries of the petitions were prepared by the petitioners. The 
    petition summary announces the availability of a description of the 
    analytical methods available to EPA for the detection and measurement 
    of the pesticide chemical residues or an explanation of why no such 
    method is needed.
    
    1. Bayer
    
    PP 3E2938
    
        EPA has received a pesticide petition (PP) 3E2938 from Bayer 
    Corporation, 8400 Hawthorn Rd., P.O. Box 4913, Kansas City, MO 64120-
    0013 proposing to amend 40 CFR 180.410 by establishing tolerances for 
    residues of the fungicide triadimefon, 1-(4-Chlorophenoxy)-3,3-
    dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-butanone, and its metabolites 
    containing chlorophenoxy and triazole moieties expressed as the 
    fungicide in or on the raw agricultural commodities coffee beans at 0.1 
    ppm. The nature of the residue in plants and livestock is adequately 
    understood. The analytical method for determining residues uses gas-
    liquid chromatography coupled with a thermionic detector.
    
    A. Residue Chemistry
    
        1. Plant and livestock metabolism. The nature of the residue in 
    plants and animals is adequately understood. The residue of concern is 
    triadimefon and its triazole and chlorophenoxy metabolites. Since there 
    are no livestock feedstuffs derived from coffee, the nature of the 
    residue in poultry and ruminants is not of concern here.
        2. Analytical method. Adequate analytical methods are available for 
    analysis of triadimefon and its triazole and chlorophenoxy metabolites 
    in or on coffee. These methods are available in PAM II as Method I.
        3. Magnitude of residue. Fifteen separate residue trials have been 
    conducted and submitted to the EPA with triadimefon on coffee. These 
    trials were conducted in Brazil (4 trials), Mexico (4 trials), Costa 
    Rica (2 trials), El Salvador (2 trials), Guatemala (1 trial) and 
    Columbia (2 trials). The EPA has determined that these data show that 
    residues of triadimefon and its metabolites containing chlorophenoxy 
    and triazole moieties (expressed as the fungicide) in the raw 
    agricultural commodity coffee beans will not exceed the proposed 
    tolerance of 0.1 ppm. Although no data on roasted beans or instant 
    coffee were submitted, the EPA has concluded that food additive 
    tolerances are not required. There are no livestock feed stuffs from 
    coffee and therefore, secondary residues in meat, milk, poultry and 
    eggs are not expected. Since this is an import tolerance petition and 
    since coffee is not normally rotated, the nature of residue in 
    rotational crops is not of concern.
    
    B. Toxicological Profile
    
        1. Acute toxicity. Rat acute oral study with an LD50 of 
    568 + 61 mg/kg (male) and 363 + 41 mg/kg (female). Rabbit acute dermal 
    study with a LD50 of >2000 mg/kg. Rat acute inhalation study 
    with a LC50 of > 3.570 mg/l. Primary eye irritation study in 
    the rabbit which showed practically no irritation. Primary dermal 
    irritation study which showed practically no irritation. Primary dermal 
    sensitization study which indicated that triadimefon is a skin 
    sensitizer.
        2. Genotoxicity. Triadimefon has been found to be negative in the 
    Ames reverse mutation test and in the Structural Chromosome Aberration 
    Test
        3. Reproductive and developmental toxicity. A rat developmental 
    toxicity study showed a maternal systemic NOEL of 30 mg/kg/day and the 
    LOEL 90 mg/kg/day. The NOEL for developmental toxicity was 30 mg/kg/day 
    and the LOEL was 90 mg/kg/day. In the developmental toxicity study in 
    rabbits, the maternal systemic NOEL was 50 mg/kg/day and the LOEL 120 
    mg/kg/day. The NOEL for developmental toxicity was 20 mg/kg/day and the 
    LOEL was 50 mg/kg/day. Effects seen at the developmental LEL in the 
    rabbit study were irregular spinous process and ossification of various 
    bones. A 3-generation rat reproduction study showed decreases in 
    maternal body weight gain, fertility, and in litter size, pups survival 
    during the lactation phase, and pups weights. The maternal NOEL was 300 
    ppm and the reproductive NOEL was 50 ppm. A 2-generation rat 
    reproductive study showed reductions in litter size, pups viability, 
    birth and lactational weights. The reproductive NOEL was 50 ppm.
        4. Subchronic toxicity. A 3-month feeding study in the rat with a 
    NOEL of 2,000 ppm based on decreased body weight gain and food 
    consumption attributed to palatability. A rat 30-day feeding study with 
    a NOEL of 10 mg/kg. A thirteen-week dog-feeding study with a NOEL of 
    2,400 ppm based on decreased body weight gain and food consumption due 
    to palatability. There was also a decreased hematocrit, RBC count, 
    hemoglobin volume and microsomal induction. A 28-day rabbit dermal 
    study with a NOEL >250 mg/kg. A rat 21-day inhalation study with a NOEL 
    = 78.7 mg/m3/6 hrs. per day/ 15 exposures.
        5. Chronic toxicity. A 2-year rat chronic feeding study defined a 
    NOEL for systemic effect as 300 ppm (males = 16.4 mg/kg/day; females = 
    22.5 mg/kg/day). The systemic LOEL was 1,800 ppm (males = 114.0 mg/kg/
    day; females = 199.0 mg/kg/day) based on neoplastic and systemic 
    effects. A dog feeding study showed only minimal toxic effects 
    (decrease in body weight, increase in liver weight and in hepatic N-
    demethylase activity, and an increase in serum alkaline phosphatase 
    activity. The NOEL was established at 100 ppm. A mouse oncogenicity 
    study showed hepatocellular adenomas in both sexes of NMRI mice. The 
    NOEL was established for males at 50 ppm. No NOEL was reached for 
    females. A mouse oncogenicity study using CF1-W74 mice was negative for 
    oncogenicity.
        6. Animal metabolism. In a general rat metabolism study triadimefon 
    was initially converted to triadimefon. This conversion was more rapid 
    in males.
    
    [[Page 40077]]
    
    The major metabolites were the acid and alcohol of triadimefon. In 
    males radioactivity was found mainly in feces, whereas, in females, 
    radioactivity was equally distributed between urine and feces. No 
    radioactivity was recovered in the expired air. Peak tissue levels were 
    found in 2 to 4 hours and were highest in fat, liver and kidney.
        7. Endocrine effects. No special studies investigating potential 
    estrogenic or endocrine effects of triadimefon have been conducted. 
    However, the standard battery of required studies has been completed. 
    These studies include an evaluation of the potential effects on 
    reproduction and development, and an evaluation of the pathology of the 
    endocrine organs following repeated or long-term exposure. These 
    studies are generally considered to be sufficient to detect any 
    endocrine effects, but no such effects were noted in any of the studies 
    with either triadimefon or its metabolites.
        8. Carcinogenicity. Using its Guidelines for Carcinogen Risk 
    Assessment published in the Federal Register of September 24, 1986 (51 
    FR 33992), EPA has classified triadimefon as Group ``C'' for 
    carcinogenicity (possible human carcinogen) based on the results of 
    carcinogenicity studies in 2 species. The classification as Group C was 
    based on borderline statistically significant increases in thyroid 
    adenomas in male rats, and increases in liver adenomas in both sexes of 
    mice. Because the tumors were benign, and there were no apparent 
    genotoxicity concerns, the Cancer Peer Review Committee recommended the 
    RfD approach for quantitation of human risk.
    
    C. Aggregate Exposure
    
        1. Dietary (food) exposure--a. Chronic. For purposes of assessing 
    the potential dietary exposure from food under the proposed tolerances, 
    Bayer has estimated exposure based on the Theoretical Maximum Residue 
    Contribution (TMRC) derived from the previously established tolerances 
    for triadimefon as well as the proposed tolerance for triadimefon on 
    coffee beans at 0.1 ppm. The TMRC is obtained by using a model which 
    multiplies the tolerance level residue for each commodity by 
    consumption data which estimate the amount of each commodity and 
    products derived from the commodities that are eaten by the U.S. 
    population and various population subgroups. In conducting this 
    exposure assessment, very conservative assumptions--100% of all 
    commodities will contain triadimefon residues, and those residues would 
    be at the level of the tolerance--which result in a large overestimate 
    of human exposure. Thus, in making a safety determination for these 
    tolerances, Bayer took into account this very conservative exposure 
    assessment.
        b. Acute. EPA has not estimated non-occupational exposures other 
    than dietary for triadimefon. Acceptable, reliable data are not 
    currently available with which to assess acute risk. Triadimefon is 
    registered for outdoor residential use (lawn use). While dietary and 
    residential scenarios could possibly occur in a single day, triadimefon 
    would rarely be present on both the food eaten and the lawn on that 
    single day. Even assuming this were the case, it is yet more unlikely 
    that residues would be present at tolerance level on all food eaten 
    that day for which triadimefon tolerances exist, as is assumed in the 
    acute dietary risk analysis, and on the lawn that same day. Because the 
    acute dietary exposure estimate assumes tolerance level residues and 
    100% crop treated for all crops evaluated, it is a large over-estimate 
    of exposure and is considered to be protective of any acute exposure 
    scenario.
        2. Drinking water exposure. Based on the available studies used in 
    EPA's assessment of environmental risk, triadimefon and its metabolites 
    are mobile and persistent and have the potential to leach into 
    groundwater. There is no established Maximum Concentration Level for 
    residues of triadimefon in drinking water. No drinking water health 
    advisory levels have been issued for triadimefon or its metabolite 
    triadimenol. The ``Pesticides in Groundwater Database'' (EPA 734-12-92-
    001, September 1992) indicated that triadimefon was monitored for in 14 
    wells in California from 1984 to 1989. There were no detectable 
    residues (limit of detection was not stated). Although the Agency does 
    not have available data to perform a quantitative drinking water risk 
    assessment for triadimefon at this time, Bayer is currently conducting 
    2 prospective groundwater monitoring studies. Previous experience with 
    more persistent and mobile pesticides for which there have been 
    available data to perform quantitative risk assessments have 
    demonstrated that drinking water exposure is typically a small 
    percentage of the total exposure when compared to the total dietary 
    exposure. This observation holds even for pesticides detected in wells 
    and drinking water at levels nearing or exceeding established MCLs. 
    Based on this experience and the Agency's best scientific judgement, 
    EPA concludes that it is not likely that the potential exposure from 
    residues of triadimefon in drinking water added to the current dietary 
    exposure will result in an exposure which exceeds the RfD.
        3. Non-occupational exposure. Triadimefon is currently registered 
    for use on turf and ornamentals. Bayer has conducted and submitted to 
    the EPA an exposure study designed to measure the upper bound acute 
    exposure potential of adults and children from contact with triadimefon 
    treated turf. The population considered to have the greatest potential 
    exposure from contact with pesticide treated turf soon after pesticides 
    are applied are young children. The estimated safe residue levels for 
    triadimefon on treated turf for 10-year-old children ranged from 1.3 - 
    6.4 g/cm2 and for 5-year-old children from 1.1 - 
    5.6 g/cm2. This compares with the average 
    triadimefon transferable residue level of 1.0 g/cm2 
    present immediately after the sprays have dried. These data indicate 
    that children can safely contact triadimefon-treated turf as soon after 
    application as the spray has dried.
    
    D. Cumulative Effects
    
        At this time, the Agency has not made a determination that 
    triadimefon and other substances that may have a common mode of 
    toxicity would have cumulative effects. For purposes of this tolerance, 
    only the potential risks of triadimefon in its aggregate exposure are 
    being considered.
    
    E. Safety Determination
    
        1. U.S. population.--a. Chronic risk. Based on the available 
    chronic toxicity data, EPA has established the RfD for triadimefon at 
    0.04 milligrams(mg)/kilogram(kg)/day. This RfD is based on a 2-year dog 
    feeding study with a NOEL of 11.4 mg/kg/day and an uncertainty factor 
    of 300. An uncertainty factor of 300 was applied to account for inter-
    species extrapolation (10), intra-species variability (10), and the 
    lack of an adequate reproduction study (3). Decreased food intake, 
    depression in weight gain, and significantly (p <0.05) increased="" alkaline="" phosphatase="" activity="" in="" both="" sexes="" were="" the="" effects="" observed="" at="" the="" lowest="" effect="" level="" (lel).="" using="" the="" conservative="" exposure="" assumptions="" described="" above,="" bayer="" has="" determined="" that="" aggregate="" dietary="" exposure="" to="" triadimefon="" from="" the="" previously="" established="" and="" the="" proposed="" tolerance="" on="" coffee="" will="" utilize="" 12.32%="" of="" the="" rfd="" for="" the="" u.s.="" population="" (48="" states).="" there="" is="" generally="" no="" concern="" for="" exposures="" below="" 100="" percent="" of="" the="" rfd="" because="" the="" rfd="" represents="" the="" level="" at="" or="" below="" which="" daily="" aggregate="" exposure="" over="" a="" lifetime="" will="" not="" pose="" appreciable="" risks="" to="" human="" health.="" acceptable,="" reliable="" data="" are="" not="" available="" to="" quantitatively="" assess="" risk="" from="" drinking="" water="" or="" from="" [[page="" 40078]]="" residential="" uses.="" however,="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" aggregate="" exposure="" to="" triadimefon="" residues.="" b.="" acute="" risk.="" the="" epa="" has="" recommended="" that="" the="" developmental="" noel="" from="" the="" rabbit="" developmental="" toxicity="" study="" (20="" mg/kg/day)="" be="" used="" for="" acute="" dietary="" risk="" calculations.="" based="" on="" the="" nfcs="" 1989-92="" data="" base,="" the="" population="" of="" concern="" for="" this="" risk="" assessment="" is="" children="" 1-6="" years="" old.="" the="" calculated="" margin="" of="" exposure="" (moe)="" value="" is="" 531.="" this="" moe="" does="" not="" exceed="" the="" agency's="" level="" of="" concern="" for="" acute="" dietary="" exposure.="" 2.="" infants="" and="" children.="" in="" assessing="" the="" potential="" for="" additional="" sensitivity="" of="" infants="" and="" children="" to="" residues="" of="" triadimefon,="" the="" data="" from="" developmental="" studies="" in="" both="" rat="" and="" rabbit="" and="" a="" 2-="" generation="" reproduction="" study="" in="" the="" rat="" should="" be="" considered.="" the="" developmental="" toxicity="" studies="" evaluate="" any="" potential="" adverse="" effects="" on="" the="" developing="" animal="" resulting="" from="" pesticide="" exposure="" of="" the="" mother="" during="" prenatal="" development.="" the="" reproduction="" study="" evaluates="" any="" effects="" from="" exposure="" to="" the="" pesticide="" on="" the="" reproductive="" capability="" of="" mating="" animals="" through="" 2-generations,="" as="" well="" as="" any="" observed="" systemic="" toxicity.="" a="" rat="" and="" rabbit="" developmental="" toxicity="" studies="" and="" a="" 2-generation="" and="" 3-generation="" rat="" reproduction="" studies="" have="" been="" conducted="" with="" triadimefon="" as="" described="" above="" under="" toxicology="" profile.="" maternal="" and="" developmental="" toxicity="" noels="" of="" 30="" mg/="" kg/day="" were="" determined="" in="" the="" rat="" developmental="" toxicity="" studies.="" in="" the="" rabbit="" developmental="" toxicity="" study,="" the="" maternal="" noel="" was="" 50="" mg/kg="" bwt/day="" and="" the="" developmental="" noel="" was="" 20="" mg/kg="" bwt/day.="" although="" epa="" has="" accepted="" the="" rat="" and="" rabbit="" developmental="" toxicity="" studies,="" they="" have="" determined="" that="" the="" rat="" reproduction="" studies="" are="" not="" acceptable="" and="" question="" whether="" another="" study="" would="" adequately="" answer="" the="" question="" about="" the="" potential="" reproductive="" toxicity="" of="" triadimefon.="" the="" epa="" believes="" that="" the="" additional="" information="" my="" be="" collected="" from="" the="" 90-="" day="" neurotoxicity="" study="" which="" was="" submitted="" to="" the="" epa="" on="" october="" 30,="" 1996.="" a.="" chronic="" risk.="" ffdca="" section="" 408="" provides="" that="" epa="" may="" apply="" an="" additional="" safety="" factor="" for="" infants="" and="" children="" in="" the="" case="" of="" threshold="" effects="" to="" account="" for="" pre-="" and="" post-natal="" effects="" and="" the="" completeness="" of="" the="" toxicity="" database.="" therefore,="" epa="" has="" incorporated="" an="" additional="" 3-fold="" uncertainty="" factor="" into="" the="" calculation="" of="" the="" rfd="" because="" of="" the="" absence="" of="" an="" acceptable="" reproduction="" study.="" the="" agency="" notes="" that="" there="" is="" approximately="" a="" 2-fold="" difference="" between="" the="" developmental="" noel="" of="" 20="" mg/kg/day="" from="" the="" rabbit="" developmental="" toxicity="" study="" and="" the="" noel="" of="" 11.4="" mg/kg/day="" from="" the="" 2-year="" dog="" feeding="" study="" which="" was="" the="" basis="" of="" the="" rfd.="" it="" is="" further="" noted="" that="" in="" the="" rabbit="" developmental="" toxicity="" study,="" the="" developmental="" noel="" of="" 20="" mg/kg/day="" is="" lower="" than="" the="" maternal="" systemic="" noel="" of="" 50="" mg/kg/day,="" suggesting="" the="" possibility="" of="" increased="" sensitivity="" for="" the="" pre-natal="" child.="" the="" tmrc="" value="" for="" the="" most="" highly="" exposed="" infant="" and="" children="" subgroup="" (non-nursing="" infants=""><1 year="" old)="" occupies="" 35.1%="" of="" the="" rfd.="" however,="" this="" calculation="" also="" assumes="" 100%="" crop="" treated="" and="" uses="" tolerance="" level="" residues="" for="" all="" commodities.="" refinement="" of="" the="" dietary="" risk="" assessment="" by="" using="" percent="" of="" crop="" treated="" and="" anticipated="" residue="" data="" would="" likely="" greatly="" reduce="" the="" dietary="" exposure="" estimate="" and="" result="" in="" an="" anticipated="" residue="" contribution="" (arc)="" which="" would="" occupy="" a="" percent="" of="" the="" rfd="" that="" is="" substantially="" lower="" than="" the="" currently="" calculated="" tmrc="" value.="" should="" an="" additional="" uncertainty="" factor="" be="" deemed="" appropriate,="" when="" considered="" in="" conjunction="" with="" a="" refined="" exposure="" estimate,="" it="" is="" unlikely="" that="" the="" dietary="" risk="" will="" exceed="" 100="" percent="" of="" the="" rfd.="" therefore,="" taking="" into="" account="" the="" completeness="" and="" reliability="" of="" the="" toxicity="" data="" and="" the="" conservative="" exposure="" assessment,="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" to="" infants="" and="" children="" from="" aggregate="" exposure="" to="" triadimefon="" residues.="" b.="" acute="" risk.="" the="" epa="" has="" recommended="" that="" the="" developmental="" noel="" from="" the="" rabbit="" developmental="" toxicity="" study="" (20="" mg/kg/day)="" be="" used="" for="" acute="" dietary="" risk="" calculations.="" based="" on="" the="" nfcs="" 1989-92="" data="" base,="" the="" population="" of="" concern="" for="" this="" risk="" assessment="" is="" children="" 1-6="" years="" old.="" the="" calculated="" margin="" of="" exposure="" (moe)="" value="" is="" 531.="" this="" moe="" does="" not="" exceed="" the="" agency's="" level="" of="" concern="" for="" acute="" dietary="" exposure.="" f.="" international="" issues="" a="" codex="" maximum="" residue="" level="" (mrl)="" of="" 0.1="" ppm="" has="" been="" established="" for="" residues="" of="" triadimefon="" and="" triadimenol.="" g.="" mode="" of="" action="" triadimefon="" is="" a="" sterol="" demethylation="" inhibitor="" (dmi)="" fungicide.="" it="" is="" systemic="" and="" shows="" activity="" against="" rust="" infecting="" coffee.="" triadimefon="" provides="" protective="" activity="" by="" preventing="" completion="" of="" the="" infection="" process="" by="" direct="" inhibition="" of="" sterol="" synthesis.="" it="" is="" rapidly="" absorbed="" by="" plants="" and="" translocated="" systemically="" in="" the="" young="" growing="" tissues.="" (pm="" 22)="" 2.="" e.i.="" dupont="" de="" nemours="" &="" co.="" (dupont)="" pp="" 7f4805="" epa="" has="" received="" a="" pesticide="" petition="" (pp)="" 7f4805="" from="" e.i.="" dupont="" de="" nemours="" &="" co.="" (dupont),="" p.o.="" box="" 80038,="" wilmington,="" de="" 19880-0038="" proposing,="" pursuant="" to="" section="" 408(d)="" of="" the="" federal="" food,="" drug="" and="" cosmetic="" act="" (ffdca),="" 21="" u.s.c.="" section="" 346a,="" to="" amend="" 40="" cfr="" 180.474="" by="" establishing="" tolerances="" for="" residues="" of="" the="" fungicide="" cymoxanil:="" 2-="" cyano-n-[(ethylamino)carbonyl]-2-(methoxyimino)acetamide="" in="" or="" on="" the="" raw="" agricultural="" commodity="" potatoes="" at="" 0.1="" ppm.="" the="" proposed="" analytical="" method="" for="" determining="" residues="" is="" high="" performance="" liquid="" chromatography.="" a.="" residue="" chemistry="" 1.="" plant="" metabolism.="" the="" metabolism="" of="" cymoxanil="" in="" plants="" is="" adequately="" understood="" for="" the="" purposes="" of="" this="" tolerance.="" cymoxanil="" degrades="" rapidly="" and="" extensively="" in="" potatoes="" to="" natural="" products.="" the="" primary="" metabolite="" is="" glycine="" (a="" natural="" amino="" acid),="" which="" is="" reincorporated="" into="" other="" naturally="" occurring="" products.="" 2.="" animal="" metabolism.="" the="" metabolism="" of="" cymoxanil="" in="" animals="" is="" adequately="" understood.="" cymoxanil="" degrades="" rapidly="" and="" extensively="" in="" ruminants="" to="" natural="" products,="" including="" fatty="" acids,="" glycerol,="" glycine="" and="" other="" amino="" acids,="" lactose,="" and="" acid="" hydrolyzable="" formyl="" and="" acetyl="" groups.="" 3.="" analytical="" method.="" the="" proposed="" practical="" analytical="" method="" utilizes="" high="" performance="" liquid="" chromatography="" for="" detecting="" and="" measuring="" levels="" of="" cymoxanil="" in="" or="" on="" potatoes="" with="" a="" general="" limit="" of="" quantitation="" of="" 0.05="" ppm.="" this="" method="" allows="" monitoring="" of="" food="" with="" residues="" at="" or="" above="" the="" levels="" proposed="" in="" this="" tolerance.="" this="" method="" has="" been="" validated="" by="" an="" independent="" laboratory.="" 4.="" magnitude="" of="" the="" residue="" in="" plants.="" field="" residue="" trials="" were="" conducted="" with="" cymoxanil="" on="" potatoes="" at="" 19="" test="" sites="" in="" the="" u.s.="" at="" rates="" equal="" to="" or="" higher="" than="" (up="" to="" 5="" x="" )="" the="" proposed="" maximum="" use="" rate="" with="" pre-harvest="" intervals="" as="" short="" as="" 0="" days.="" no="" detectable="" cymoxanil="" residue="" (detection="" limit="0.02" ppm)="" was="" found="" in="" any="" sample="" at="" any="" of="" the="" tested="" sites="" or="" rates.="" 5.="" magnitude="" of="" the="" residue="" in="" processed="" commodities.="" because="" there="" were="" no="" detectable="" residues="" present="" in="" potato="" samples="" treated="" at="" highly="" exaggerated="" rates,="" no="" detectable="" residues="" are="" expected="" in="" processed="" potatoes="" at="" [[page="" 40079]]="" rates="" which="" would="" appear="" on="" the="" product="" label.="" 6.="" magnitude="" of="" the="" residue="" in="" animals.="" based="" on="" a="" ruminant="" metabolism="" study,="" no="" secondary="" tolerances="" in="" animal="" commodities="" are="" necessary.="" b.="" toxicological="" profile="" of="" cymoxanil="" 1.="" acute="" toxicity.="" technical="" cymoxanil="" has="" low="" acute="" toxicity.="" the="" acute="" oral="">50 is 960 mg/kg in rats. The acute dermal 
    LD50 is >2000 mg/kg in rabbits. The 4-hour rat inhalation 
    LC50 is >5.06 mg/L. Minimal transient irritation of the skin 
    and eyes was observed in rabbits. Cymoxanil did not cause skin 
    sensitization in guinea pigs. Cymoxanil should be classified as 
    Toxicity Category III for oral and dermal toxicity and Toxicity 
    Category IV for inhalation toxicity and skin and eye irritation 
    potential.
        2. Genotoxicity. A battery of in vitro and in vivo tests were 
    conducted to determine the genotoxic potential of cymoxanil. Cymoxanil 
    was negative for mutagenicity in in vitro bacterial (Salmonella 
    typhimurium or Escherichia coli tester strains) and mammalian cell 
    assays (Chinese hamster ovary (CHO) cells) and is therefore considered 
    not mutagenic. Cymoxanil was positive for induction of chromosome 
    aberrations in in vitro assays (CHO cells and human lymphocytes), but 
    negative in 2 species of in vivo assays (rat clastogenicity and mouse 
    micronucleus). The weight-of-evidence indicates that cymoxanil is not 
    clastogenic. Cymoxanil was negative for induction of unscheduled DNA 
    synthesis (UDS) in 1 in vitro assay but positive in another; however, 
    it was negative for induction of UDS in both hepatocytes and 
    spermatocytes when evaluated in in vivo assays.
        Therefore, Dupont believes that the weight-of-evidence indicates 
    that cymoxanil does not produce DNA damage. In summary, cymoxanil is 
    not considered genotoxic, nor does it have the potential to induce 
    heritable effects.
        3. Reproductive and developmental toxicity. A 2-generation 
    reproduction study in rats fed diets containing 0, 100, 500, or 1,500 
    ppm resulted in no-observed-adverse-effects-level (NOAELs) of 100 ppm 
    for both parental rats (equivalent to 6.50 and 7.85 mg/kg/day for P1 
    males and females, respectively) and offspring (equivalent to 7.39 and 
    8.85 mg/kg/day for F1 males and females, respectively). The NOAELs were 
    based on alterations in body weight parameters, food consumption and 
    food efficiency in the parents at 500 ppm, and decreases in pup weights 
    and viability in the offspring at 500 ppm. Based on these results, 
    cymoxanil is not a reproductive toxin.
        A developmental toxicity study was conducted with cymoxanil in rats 
    at 0, 10, 25, 75, or 150 mg/kg/day on days 7-16 of gestation. The no-
    observable-effect levels (NOELs) for maternal and developmental effects 
    were considered to be 10 mg/kg/day for both maternal toxicity (based on 
    reduced weight gain and food consumption at 25 ppm and above) and 
    developmental toxicity (based on effects that included fetal variations 
    in ossification at 25 ppm and above).
        A developmental toxicity study was conducted in rabbits at dose 
    levels of 0, 4, 8 and 16 mg/kg/day. Cymoxanil was not considered 
    maternally or fetally toxic at any dose level. A second rabbit study at 
    0, 8, 16 and 32 mg/kg/day demonstrated toxicity to the doe at 16 mg/kg/
    day. Changes in axial skeleton of the fetus were observed at all dose 
    levels, but without direct relation to dosage. A third rabbit study was 
    conducted at 0, 1, 4, 8, and 32 mg/kg/day. Maternal toxicity was 
    observed at 8 mg/kg/day. Although skeletal variations were seen in some 
    fetal groups, they were not considered related to cymoxanil since they 
    were not statistically increased or dose related. A reevaluation of the 
    combined results of all three rabbit studies using current statistical 
    methods demonstrated NOAELs of 8 mg/kg/day for the doe and 4 mg/kg/day 
    for the fetus.
        In the absence of significant differences between maternal and 
    fetal effect levels (revealed in both the rat and combined rabbit 
    studies), cymoxanil is not considered a developmental toxin.
        4. Subchronic toxicity. A 90-day feeding study was conducted in 
    rats at dietary levels of 0, 100, 750, 1,500 or 3,000 ppm. Body weight 
    effects, increased food consumption, decreased food efficiency, 
    increased mean relative organ weights, and testicular (elongate 
    spermatid degeneration) and epididymal histopathologic effects were 
    observed at 1,500 and 3,000 ppm. The NOEL was 750 ppm (47.6 mg/kg/day 
    males; 59.9 mg/kg/day females).
        The potential neurotoxicity of cymoxanil was evaluated in rats as 
    part of the 90-day feeding study at dietary levels of 0, 100, 750, 
    1,500 or 3,000 ppm. The NOEL for neurotoxicity was the highest dietary 
    level tested, 3,000 ppm for male (224 mg/kg/day) and female (333 mg/kg/
    day) rats. Cymoxanil is judged not to be a neurotoxicant.
        A 90-day feeding study was conducted in mice at dietary levels of 
    0, 50, 500 and 1,750, 3,500 or 7,000 ppm. The highest dietary level was 
    terminated by the third week of the study due to severe toxicity. The 
    NOEL was established at 50 ppm for female mice (11.3 mg/kg/day) based 
    on body weight effects at 500 ppm; no NOEL was established for male 
    mice due to body weight effects and increased liver weights at all 
    dietary levels. Liver weight increases were observed in female mice at 
    1,750 and 3,500 ppm. No histopathologic alterations were found in male 
    or female mice at levels up to 3,500 ppm.
        A 90-day feeding study was conducted in dogs at dietary levels of 
    0, 100, 200 or 250/500 ppm (250 ppm for weeks 1 and 2; 500 ppm for the 
    remainder of the study). No NOEL was established for female dogs due to 
    lower body weight gain, food consumption and food efficiency at all 
    dietary levels. The NOEL in males was 100 ppm (3 mg/kg/day) based on 
    decreased body weight gain.
        A 28-day repeated dose dermal study was conducted with rats at 
    dosages of 50, 500 or 1,000 mg/kg with daily 6-hour exposures. No 
    toxicologically significant effects were observed in any treatment 
    group. The NOEL is considered to be 1,000 mg/kg/day.
        5. Chronic toxicity/oncogenicity. A 12-month chronic feeding study 
    was conducted in male dogs at dietary levels of 0, 50, 100 and 200 ppm 
    and in female dogs at 0, 25, 50 and 100 ppm. The NOAELs for chronic 
    toxicity were 100 ppm in male dogs (3.0 mg/kg/day) and 50 ppm in female 
    dogs (1.6 mg/kg/day), based on body weight and food consumption effects 
    in both sexes and decreased red cell parameters in males. No gross or 
    histopathological effects were observed.
        An 18-month oncogenicity study was conducted in mice at dietary 
    levels of 0, 30, 300, 1,500 or 3,000 ppm. The NOEL was 30 ppm (4.19 and 
    5.83 mg/kg/day for males and females, respectively) based on 
    histopathological effects in testis and liver for males and the mucosal 
    lining of the gastrointestinal tract for females at 300 ppm. Cymoxanil 
    is not considered oncogenic.
        A 2-year combined chronic toxicity/oncogenicity study was conducted 
    in rats at dietary levels of 0, 50, 100, 700 or 2,000 ppm. The NOEL for 
    chronic effects was 100 ppm (4.08 and 5.36 mg/kg/day for male and 
    female rats, respectively), based on decreased mean body weights, mean 
    body weight gains, food consumption, and food efficiency; and gross 
    and/or histopathological alterations of the retina, lymph nodes, lung, 
    intestine, testes, and sciatic nerve at 700 ppm. Cymoxanil is not 
    considered oncogenic.
    
    [[Page 40080]]
    
        6. Animal metabolism. An oral dose of radiolabelled cymoxanil was 
    extensively metabolized and rapidly eliminated in the rat. More than 
    85% of the dosed radioactivity is eliminated in the excreta, mostly in 
    the urine, within 48 hours. After 96 hours, less than 1% of the 
    administered dose remained in the tissues. The major excretory products 
    were polar metabolites such as 2-cyano-2-methoxyimino acetic acid, 
    glycine and other amino acid conjugates. These metabolites are rapidly 
    metabolized to other natural products. A minor metabolite, 1-ethyl-5,6-
    di-2,4(1H,3H)pyridinedione, was also identified and is postulated as an 
    intermediate metabolite.
        7. Metabolite toxicology. Cymoxanil breaks down rapidly in plants 
    and animals into naturally occurring compounds. Because of this, no 
    significant risk is expected from exposure to potatoes or other crops 
    treated with cymoxanil.
        8. Endocrine effects. No evidence of endocrine effects were 
    observed upon comprehensive evaluation of data from the standard 
    battery of EPA required toxicology studies. These animal studies were 
    conducted at exposure levels that far exceed those likely to be 
    experienced by a human. Thus, adverse endocrine effects are not 
    expected to occur in humans (general population or sub-groups, 
    including nursing infants and children).
        This battery of tests included, but is not limited to, the 
    following studies: reproductive, developmental, subchronic, chronic/
    oncogenicity and metabolism. Most of these studies included gross and 
    histopathologic assessment of the endocrine organs (e.g., thyroid, 
    mammary glands, and testes).
    
    C. Aggregate Exposure
    
        Cymoxanil is a fungicide used on crops including potatoes, 
    tomatoes, and grapes. Cymoxanil is not registered for non-crop use in 
    any country. Although cymoxanil is not registered in the U.S., DuPont's 
    request for import tolerances on grapes and tomatoes is pending review 
    at EPA.
        No aggregate exposure considerations are required for cymoxanil 
    because no residues are anticipated to occur in drinking water or from 
    other non-occupational exposures. Human exposure to residues in food is 
    the primary exposure consideration when calculating risk. Total chronic 
    dietary exposure to the most sensitive sub-population (children 1-6 
    yrs.) is determined to be less than 3% of the Reference Dose (RfD). 
    Details are given below:
        1. Dietary (Food) Exposure. A complete and reliable database is 
    available for the assessment of threshold effects of cymoxanil. 
    Comparison of no effect levels (NOEL) for subchronic and chronic 
    studies found that the dog was the most sensitive species with a NOEL 
    of 1.6 mg/kg/day in the 1year study. The endpoint effects noted in this 
    study were reduced body weight gain, food consumption, and food 
    efficiency in females.
        Applying a 100-fold safety factor, 0.016 mg/kg/day was selected as 
    the reference dose (RfD) in the dietary risk evaluation system (DRES) 
    analysis. No additional safety factor was used for infants or children 
    since they are not more sensitive to cymoxanil toxicity as discussed in 
    section E.2 of this document.
        The ``worst-case'' DRES analysis included total potential dietary 
    intake of cymoxanil residues from potatoes, grapes, and tomatoes. It 
    was also assumed that 100% of these crops were treated with cymoxanil 
    and that all commodities contained residues at the proposed tolerance 
    levels (0.1 ppm). Analyses of actual field samples have detected no 
    residues of cymoxanil above the limit of detection (0.02 ppm). Potato 
    cells and processed potato waste may be fed to livestock. However, the 
    lack of detectable cymoxanil residues in any feed item and the lack of 
    transfer of cymoxanil to meat or milk in a ruminant metabolism study 
    indicate there is no reasonable expectation of cymoxanil residue in 
    meat and milk. Potatoes do not serve as a source of poultry feed, thus 
    no residues are expected in poultry or eggs.
        Using this conservative exposure scenario, the DRES estimates a 
    theoretical maximum daily intake of 0.000216 mg/kg/day or 1.35% of the 
    RfD for the general U.S. population. Since cymoxanil is unlikely to 
    occur in drinking water, water was not included in this assessment (see 
    Section D.2 of this document). The most sensitive sub-population is 
    children (1-6 yrs.) with a predicted intake of 2.63% of the RfD. Using 
    the conservative exposure assumptions described above, it is estimated 
    that the cymoxanil exposure for infants and children ranges from 0.29% 
    of the RfD for nursing infants to 2.63% for children 1-6 years old.
        An acute dietary risk exposure analysis for cymoxanil was not 
    performed. Since potatoes are the only commodity for which registration 
    of cymoxanil is being sought, significant dietary impact to any U.S. 
    population is not anticipated. Cymoxanil is not registered on grapes in 
    Chile or tomatoes in Mexico, the major countries that import these 
    commodities to the U.S. Therefore, exposure to cymoxanil from grapes 
    and tomatoes imported into the United States would not be expected to 
    contribute significantly to the U.S. diet. In addition, exposure to 
    cymoxanil through drinking water is unlikely since cymoxanil degrades 
    rapidly in soil and water as discussed in section D.2 of this document.
        2. Dietary (Drinking Water) Exposure. It is unlikely that there 
    will be exposure to significant residues of cymoxanil through drinking 
    water supplies. Cymoxanil degrades rapidly in the environment. Studies 
    to satisfy the environmental fate data requirements are included with 
    this submission. Evaluation of these studies indicates the potential 
    for cymoxanil residues to be detected in drinking water supplies at 
    significant levels is minimal. Degradation from photolysis and both 
    anaerobic and aerobic metabolism in soils occur rapidly. Degradation 
    products also decline rapidly. The half-life of cymoxanil in soil under 
    field conditions was 1 to 9 days. Although cymoxanil and its degradates 
    are weakly adsorbed to the soil, they degrade so rapidly that movement 
    into groundwater is unlikely. Should movement into surface or ground 
    water occur, degradation will be very rapid. In water the photolytic 
    half-life of cymoxanil is less than 2-days at neutral and acidic 
    conditions, and its hydrolytic half-life at pH 9 is less than 1 hour.
        3. Non-dietary exposure. Since cymoxanil is to be used on food 
    crops only there will be no non-dietary non-occupational exposure.
    
    D. Cumulative Effects
    
        Given cymoxanil's unique chemistry, low acute toxicity, the absence 
    of genotoxic, oncogenic, developmental, or reproductive effects, and 
    low exposure potential (see section C), the expression of cumulative 
    human health effects with cymoxanil and other natural or synthetic 
    pesticides is not anticipated. The potential for cumulative effects of 
    cymoxanil and other substances, that have a common mechanism of 
    toxicity, has been considered and is not applicable. Cymoxanil is a 
    unique cyanoacetamide and is chemically unrelated to any other 
    commercial plant disease control agents. Its biochemical mode of action 
    in fungi appears to be unique; it is theorized to act through 
    inhibition of multiple cellular processes, but a definitive mechanism 
    is not completely elucidated. Similarly, the mechanism of action 
    underlying observed toxicological effects in mammals is not fully 
    characterized and there is no reliable information to
    
    [[Page 40081]]
    
    suggest that cymoxanil has a mechanism of toxicity in common with any 
    other compound.
    
    E. Safety Determination
    
        1. U.S. population. Dupont believes that the chronic dietary risk 
    assessment demonstrates that an adequate margin of safety exists for 
    all U.S. sub-populations under DRES consideration.
        A ``worst case'' DRES analysis was performed using proposed 
    tolerance levels for potatoes, tomatoes, and grapes and assuming 100% 
    of all crops are treated. Using these conservative assumptions, the 
    percentage of the RfD utilized by the general U.S. population is 1.35%. 
    The most sensitive sub-population, children 1-6 yrs., utilized 2.63% of 
    the RfD. These levels are well below those which would cause an 
    appreciable risk of harm from aggregate exposure to cymoxanil residues.
        2. Infants and children. Based on the current toxicological 
    requirements, a complete and reliable database exists to assess the 
    potential for additional sensitivity of infants and children to the 
    residues of cymoxanil. Data from developmental and reproductive 
    toxicity studies (see section B.3) show that developing and young 
    animals are no more susceptible to prenatal and postnatal effects of 
    cymoxanil than the adult animals. In addition, the NOAEL from the dog 
    study proposed as the basis for the RfD is already more than 3-fold 
    lower than the lowest NOAEL observed in immature animals in the 
    developmental or reproductive studies. Therefore, Dupont concludes that 
    the safety factor used for protection of adults is fully appropriate 
    for the protection of infants and children; no additional safety factor 
    is necessary.
        Thus toxicity of cymoxanil to developing and young animals is no 
    greater than to adults as demonstrated in the developmental and 
    reproductive toxicity studies.
        Nonetheless, children 1-6 yrs. are identified as the most sensitive 
    sub-population in the chronic dietary risk analysis based on potential 
    for exposure (i.e., food consumption patterns). This sub-population 
    consumes more potatoes, grapes, and tomatoes than the general U.S. 
    population and other sub-populations. The chronic DRES found children 
    1-6 yrs. utilized 2.63% of the RfD. The general U.S. population 
    utilized 1.35% of the RfD and the exposure for infants and children 
    ranged from 0.29% of the RfD for nursing infants to 2.63% for children 
    1-6 yrs.
    
    F. International Tolerances
    
        Cymoxanil, a fungicide used to control potato late blight, is 
    currently registered for use on potatoes in 35 countries, including the 
    major European countries. The following Codex Alimentarius Commission 
    (Codex) Maximum Residue Levels (MRL's) for cymoxanil on potatoes have 
    been established: Belgium, Germany, Indonesia, Mexico, Netherlands, 
    Portugal, Spain, Switzerland - 0.05 ppm, Austria, Brazil, Japan, Italy 
    - 0.10 ppm, Hungary - 0.50 ppm, and Luxembourg - 2.0 ppm.
        The U.S. Tolerance for potatoes being proposed is 0.10 ppm which is 
    twice the limit of quantitation of 0.05 ppm in the residue enforcement 
    method. Tolerances are not required for processed potatoes because no 
    residues were detected (detection limit = 0.02 ppm) in the magnitude of 
    residue study at highly exaggerated rates.
        MRL's are also established internationally for cymoxanil on grapes, 
    tomatoes, hops, tobacco and various other vegetables. MRL's on grapes 
    range from 0.05-1.0 ppm and on tomatoes from 0.05-2.0 ppm. MRL's for 
    all other crops range from 0.05-2.0 ppm.   (PM 21)
    
    3. Novartis Crop Protection, Inc.
    
    PP 5E4526
    
        EPA has received a pesticide petition (PP 5E4526) from Novartis 
    Crop Protection, Inc. 410 Swing Road, Greensboro, NC 27401, proposing 
    to amend 40 CFR Part 180 by establishing a tolerance for residues of 
    the fungicide, difenoconazole, in or on the raw agricultural commodity 
    bananas at 0.2 ppm.
        Analytical method AG-575B (MRID 42806504) is proposed as the 
    regulatory enforcement method. It is a revised version of AG-575A, 
    which was used to determine residues of difenoconazole in or on 
    bananas. The procedures in AG-575A remain unaltered in the revised 
    method, AG-575B, which incorporates specificity data and methodology 
    for megabore column gas chromatography. Procedural recoveries on banana 
    substrates (peel and pulp), fortified prior to extraction at levels 
    ranging from 0.02 ppm to 0.2 ppm, averaged 90.7+12% (n=42). Recoveries 
    ranged from 60 to 115%. Storage stability has been demonstrated under 
    frozen conditions for periods of up to 364 days.
    
    A. Chemical Uses
    
        Difenoconazole is the active ingredient in Sico 25EC, Sico 250EC, 
    Score 25EC, and Score 250EC, fungicides that offer broad-spectrum 
    control of several diseases in bananas and plantains. In the current 
    petition, Sico and Score are being developed as foliar treatments for 
    bananas. Difenoconazole is highly active at rates of 75 to 100 g a.i./
    ha.
    
    B. Difenoconazole Safety
    
        Novartis has submitted over 20 toxicity studies in support of 
    tolerances for difenoconazole. Difenoconazole has a low order of acute 
    toxicity, minimal irritation potential, and no sensitization potential. 
    There was no evidence of genotoxicity, and it is not fetotoxic, 
    embryolethal, or teratogenic. It is not a reproductive toxin. The main 
    target organ of toxicity was the liver in the species tested. There was 
    an increase in liver tumors only in mice, and only, according to the 
    Carcinogenicity Peer Review Committee, at doses considered excessively 
    high for carcinogenicity testing. The EPA has concluded that for the 
    purpose of risk characterization, the Margin of Exposure (MOE) approach 
    (threshold model) should be used for quantification of human risk. 
    Margins of exposure are extremely high for the US population and all 
    population subgroups for both chronic effects and acute toxicity.
        The following mammalian toxicity studies were conducted and 
    submitted in support of tolerances for difenoconazole. No-observable-
    effect levels are consistent with those published in the Federal 
    Register of August 24, 1994 (FR 59 43491).
        A rat acute oral study with an LD50 of 1,453 mg/kg.
        A rabbit acute dermal study with an LD50 of >2010 mg/kg.
        A rat acute inhalation study with an LC50 of >3.285 mg/
    L.
        A primary eye irritation study in the rabbit which showed slight 
    irritation.
        A primary dermal irritation study in the rabbit which showed slight 
    irritation.
        A dermal sensitization study in the guinea pig which showed no 
    irritation.
        A 13-week rat feeding study identified liver as a target organ and 
    had a no-observable-effect level (NOEL) of 20 ppm.
        A 13-week mouse feeding study identified liver as a target organ 
    and had a NOEL of 20 ppm.
        A 26-week dog feeding study identified liver and eye as target 
    organs and had a NOEL of 100 ppm.
        A 21-day dermal study in rabbits had a NOEL of 10 mg/mg/day based 
    on decreased body weight gain at 100 and 1,000 mg/kg/day.
        A 24-month feeding study in rats had a NOEL of 20 ppm based on 
    liver toxicity at 500 and 2,500 ppm. There
    
    [[Page 40082]]
    
    was no evidence of an oncogenic response.
        An 18-month mouse feeding study had an overall NOEL of 30 ppm based 
    on decreased body weight gain and liver toxicity at 300 ppm. There was 
    an increase in liver tumors only at dose levels that exceeded the 
    maximum tolerated dose (MTD). The oncogenic NOEL was 300 ppm.
        A 12-month feeding study in dogs had a NOEL of 100 ppm based on 
    decreased food consumption and increased alkaline phosphatase levels at 
    500 ppm.
        An oral teratology study in rats had a maternal NOEL of 16 mg/kg/
    day based on excess salivation and decreased body weight gain and food 
    consumption. The developmental NOEL of 85 mg/kg/day was based on 
    effects seen secondary to maternal toxicity including slightly reduced 
    fetal body weight and minor changes in skeletal ossification.
        An oral teratology study in rabbits had maternal NOEL of 25 mg/kg/
    day based on decreased body weight gain, death, and abortion. The 
    developmental NOEL of 25 mg/kg/day was based on effects seen secondary 
    to maternal toxicity including slight increase in post-implantation 
    loss and resorptions, and decreased fetal weight.
        A 2-generation reproduction study in rats had a parental and 
    reproductive NOEL of 25 ppm based on significantly reduced female body 
    weight gain, and reductions in male pup weights at 21 days.
        There was no evidence of the induction of point mutations in an 
    Ames test.
        There was no evidence of mutagenic effects in a mouse lymphoma 
    test.
        There was no evidence of mutagenic effects in a nucleus anomaly 
    test with Chinese hamsters.
        There was no evidence of induction of DNA damage in a rat 
    hepatocyte DNA repair test.
        There was no evidence of induction of DNA damage in a human 
    fibroblast DNA repair test.
    
    C. Threshold Effects
    
        1. Chronic effects. Based on the data from chronic studies in rats, 
    mice, and dogs, the Reference Dose (RfD) for difenoconazole is 0.01 mg/
    kg/day Federal Register of August 24, 1994 (FR 59 43492). The RfD for 
    difenoconazole is based on the chronic study in rats with a threshold 
    No-Observable-Effect Level of 1 mg/kg/day and an uncertainty factor of 
    100.
        2. Acute toxicity. The EPA has concluded that the dietary acute 
    margin of exposure (MOE) for developmental toxicity was 25,000 for high 
    exposure in the females 13+ subgroup. The agency is generally not 
    concerned unless the MOE is below 100 for substances whose acute NOEL 
    is based on animals studies.
        Novartis concurs, and has also considered that since the percentage 
    of the RfD utilized in the chronic exposure analysis for all population 
    subgroups is less than 10, it is highly unlikely that any acute dietary 
    exposure scenario would utilize a significant percentage of the RfD.
        Since margins of exposure of 100 or more are considered 
    satisfactory, there is no concern for acute dietary exposure for the US 
    population, for various population subgroups, or for either gender.
        3. Non-threshold effects (Carcinogenicity). The Health Effects 
    Division Carcinogenicity Peer Review Committee (CPRC) evaluated the 
    weight-of-the-evidence on difenoconazole with reference to its 
    carcinogenic potential. The CPRC concluded that difenoconazole should 
    be classified a Group C carcinogen, and for the purpose of risk 
    characterization the Margin of Exposure (MOE) approach should be used 
    for quantification of human risk.
        In the 18-month study with CD-1 mice, there was a statistically 
    significant increase in hepatocellular adenomas, carcinomas, and 
    combined adenomas/carcinomas in both sexes, but only at dose levels 
    which were considered excessively high for carcinogenicity testing. 
    This is considered very weak evidence of carcinogenic potential. 
    Additionally, there was no evidence of carcinogenicity in either sex of 
    CD rat after 24 months, and there was no evidence of genotoxicity. 
    Therefore, a threshold model should be used for estimating risk. The 
    CPRC determined that a NOEL of 4.7 mg/kg/day, based on endpoints 
    related to hepatic tumor development, should be used for calculating 
    MOE's. The margin of exposure, calculated using worst case assumptions, 
    was 9,958 for the US population.
    
    D. Aggregate Exposure
    
        When the potential dietary exposure to difenoconazole is 
    calculated, the theoretical maximum residue concentration (TMRC) of 
    0.00041 mg/kg/day utilizes 4% of the RfD for the overall US population. 
    For the most exposed population subgroups, children and non-nursing 
    infants, the TMRC is 0.000946 mg/kg/day, utilizing 9% of the RfD 
    (Federal Register, August 24, 1994 FR 59 43492).
        Novartis has conducted another exposure analysis using additional 
    crops and similar conservative assumptions. In this analysis, oats, 
    barley, and bananas (pending import tolerance) were included in 
    addition to wheat. Tolerances or proposed tolerances were 0.1 ppm each 
    for wheat, oats, and barley, and 0.2 ppm for bananas. Tolerances were 
    0.01 ppm for milk and 0.05 ppm for all other commodities: beef, goat, 
    horse, rabbit, sheep, pork, turkey, eggs, chicken, and other poultry. 
    Very conservative assumptions were used to estimate residues (i.e. 100% 
    of all wheat, oats, barley and imported bananas used for human 
    consumption or forage was treated and all RACs contained tolerance 
    level residues). These estimates result in a extreme overestimate of 
    human dietary exposure. Calculated TMRC values from these assumptions 
    utilize 4.7% of the RfD for the US population and 12.51% of the RfD for 
    non-nursing infants.
        Although the import tolerance for bananas would not lead to the 
    exposure of the general population to residues of pesticides in 
    drinking water, this source of exposure was considered in the risk 
    assessment. Difenoconazole is currently used in the U.S. as a seed 
    treatment and residues are, therefore, incorporated into the soil at 
    very low rates (0.0125 to 0.025 lb a.i./100 lb of seed). The likelihood 
    of contamination of surface water from run-off is essentially 
    negligible. In addition, parent and aged leaching, soil adsorption/ 
    desorption, and radiolabeled pipe studies indicated that difenoconazole 
    has a low potential to leach in the soil and would not be expected to 
    reach aquatic environments. For these reasons and because of the low 
    use rate, exposures to residues in ground water are not anticipated.
        Non-occupational exposure for difenoconazole has not been estimated 
    since the current registration in the U.S. is limited to seed 
    treatment. Therefore, the potential for non-occupational exposure to 
    the general population is insignificant.
        Novartis has considered the potential for cumulative effects of 
    difenoconazole and other substances of common mechanism of toxicity. 
    Novartis has concluded that consideration of a common mechanism of 
    toxicity in aggregate exposure assessment is not appropriate at this 
    time. Novartis has no information to indicate that the toxic effects 
    (generalized liver toxicity) seen at high doses of difenoconazole would 
    be cumulative with those of any other compound. Thus, Novartis is 
    considering only the potential risk of difenoconazole from dietary 
    exposure in its aggregate and cumulative exposure assessment.
    
    [[Page 40083]]
    
    E. Safety Determination
    
        1.U.S. population. Reference Dose (RfD); using the very 
    conservative exposure assumptions described above, and based on the 
    completeness of the toxicity data base for difenoconazole, Novartis 
    calculates that aggregate exposure to difenoconazole utilizes <5% of="" the="" rfd="" for="" the="" us="" population="" based="" on="" chronic="" toxicity="" endpoints="" (noel="1" mg/kg/day).="" when="" using="" the="" carcinogenic="" noel="" of="" 4.7="" mg/kg/day="" and="" the="" margin="" of="" exposure="" approach="" recommended="" by="" the="" cprc,="" approximately="" 1%="" of="" the="" rfd="" is="" utilized.="" if="" more="" realistic="" assumptions="" were="" used="" to="" estimate="" anticipated="" residues="" and="" appropriate="" market="" share,="" this="" percentage="" would="" be="" considerably="" lower,="" and="" would="" be="" significantly="" lower="" than="" 100%,="" even="" for="" the="" highest="" exposed="" population="" subgroup.="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd.="" therefore,="" novartis="" concludes="" that="" there="" is="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" daily="" aggregate="" exposure="" to="" residues="" of="" difenoconazole="" over="" a="" lifetime.="" 2.="" infants="" and="" children.="" developmental="" toxicity="" and="" 2-generation="" toxicity="" studies="" were="" evaluated="" to="" determine="" if="" there="" is="" a="" special="" concern="" for="" the="" safety="" of="" infants="" and="" children="" from="" exposure="" to="" residues="" of="" difenoconazole.="" there="" was="" no="" evidence="" of="" embryotoxicity="" or="" teratogenicity,="" and="" no="" effects="" on="" reproductive="" parameters,="" including="" number="" of="" live="" births,="" birth="" weights,="" and="" post-natal="" development,="" at="" dose="" levels="" which="" did="" not="" cause="" significant="" maternal="" toxicity.="" in="" addition,="" there="" were="" no="" effects="" in="" young="" post-weaning="" animals="" that="" were="" not="" seen="" in="" adult="" animals="" in="" the="" 2-generation="" reproduction="" study.="" therefore,="" novartis="" concludes="" that="" it="" is="" inappropriate="" to="" assume="" that="" infants="" and="" children="" are="" more="" sensitive="" than="" the="" general="" population="" to="" effects="" from="" exposure="" to="" residues="" of="" difenoconazole.="" f.="" estrogenic="" effects="" developmental="" toxicity="" studies="" in="" rats="" and="" rabbits="" and="" a="" 2-="" generation="" reproduction="" study="" in="" rats="" gave="" no="" specific="" indication="" that="" difenoconazole="" may="" have="" effects="" on="" the="" endocrine="" system="" with="" regard="" to="" development="" or="" reproduction.="" furthermore,="" histologic="" investigations="" were="" conducted="" on="" endocrine="" organs="" (thyroid,="" adrenal,="" and="" pituitary,="" as="" well="" as="" endocrine="" sex="" organs)="" from="" long-term="" studies="" in="" dogs,="" rats="" and="" mice.="" there="" was="" no="" indication="" that="" the="" endocrine="" system="" was="" targeted="" by="" difenoconazole,="" even="" when="" animals="" were="" treated="" with="" maximally="" tolerated="" doses="" over="" the="" majority="" of="" their="" lifetime.="" difenoconazole="" has="" not="" been="" found="" in="" raw="" agricultural="" commodities="" at="" the="" limit="" of="" quantification.="" based="" on="" the="" available="" toxicity="" information="" and="" the="" lack="" of="" detected="" residues,="" it="" is="" concluded="" that="" difenoconazole="" has="" no="" potential="" to="" interfere="" with="" the="" endocrine="" system,="" and="" there="" is="" no="" risk="" of="" endocrine="" disruption="" in="" humans.="" g.="" chemical="" residues="" the="" nature="" of="" the="" residue="" is="" adequately="" understood="" in="" plants="" and="" animals.="" the="" metabolism="" of="" difenoconazole="" has="" been="" studied="" in="" wheat,="" tomatoes,="" potatoes,="" and="" grapes.="" the="" metabolic="" pathway="" was="" the="" same="" in="" these="" 4="" separate="" and="" distinct="" crops.="" there="" are="" no="" codex="" maximum="" residue="" levels="" established="" for="" residues="" of="" difenoconazole="" in="" bananas.="" novartis="" has="" submitted="" a="" practical="" analytical="" method="" for="" detecting="" and="" measuring="" levels="" of="" difenoconazole="" in="" or="" on="" food="" with="" the="" limit="" of="" quantitation="" that="" allows="" monitoring="" of="" food="" with="" residues="" at="" or="" above="" the="" levels="" set="" in="" the="" proposed="" tolerances.="" epa="" will="" provide="" information="" on="" this="" method="" to="" fda.="" the="" method="" is="" available="" to="" anyone="" who="" is="" interested="" in="" pesticide="" residue="" enforcement="" from="" the="" field="" operations="" division,="" office="" of="" pesticide="" programs.="" confirmatory="" methods="" have="" also="" been="" supplied.="" eleven="" field="" residue="" studies="" were="" conducted="" in="" the="" major="" banana-="" producing="" regions="" of="" central="" america="" (belize,="" costa="" rica,="" guatemala),="" south="" america="" (ecuador),="" and="" mexico.="" up="" to="" 8="" applications="" were="" made="" at="" the="" label="" maximum="" of="" 100="" g="" a.i./ha.="" some="" applications="" were="" made="" at="" a="" 200="" g="" a.i./ha="" (2="" x="" )="" rate="" for="" comparison="" purposes.="" samples="" of="" bagged="" (standard="" commercial="" practice="" in="" many="" countries)="" and="" unbagged="" bananas="" were="" obtained="" 0,="" 1,="" and="" 2="" days="" after="" the="" last="" application.="" ten="" studies="" were="" conducted="" using="" ground="" equipment="" and="" one="" study="" was="" applied="" by="" air.="" six="" replicate="" bunches="" were="" collected="" in="" several="" studies="" to="" determine="" sample="" variation.="" selected="" samples="" were="" split;="" one-half="" was="" frozen="" immediately="" and="" the="" other="" half="" was="" stored="" under="" refrigerated="" or="" room="" temperature="" conditions="" to="" mimic="" typical="" transport="" to="" market.="" samples="" were="" separated="" into="" peel="" and="" pulp="" for="" analysis="" using="" analytical="" method="" ag-575a.="" difenoconazole="" was="" found="" in="" only="" 4="" of="" 76="" pulp="" samples="" at="" the="" 1="" x="" rate="" and="" 5="" of="" 36="" samples="" at="" the="" exaggerated="" (2="" x="" )="" rate.="" the="" maximum="" residues="" found="" in="" pulp="" were="" 0.03="" ppm="" and="" 0.05="" ppm="" for="" the="" 1="" x="" and="" 2="" x="" treatments,="" respectively.="" on="" a="" whole="" fruit="" basis,="" the="" maximum="" residues="" found="" for="" the="" 1="" x="" and="" 2="" x="" treatments="" were="" 0.16="" ppm="" and="" 0.24="" ppm,="" respectively.="" residues="" in="" bagged="" fruit="" were="" generally="" lower="" than="" unbagged="" fruit.="" residues="" were="" independent="" of="" the="" preharvest="" intervals="" (phis)="" used="" in="" these="" studies.="" the="" data="" support="" a="" 0.2="" ppm="" tolerance="" in="" bananas="" with="" no="" phi.="" there="" were="" no="" differences="" in="" residues="" between="" samples="" of="" green="" fruit="" frozen="" immediately="" and="" fruit="" allowed="" to="" ripen="" at="" temperatures="" normally="" encountered="" in="" transit="" to="" the="" us,="" indicating="" some="" residue="" stability="" even="" at="" temperatures="" above="" freezing.="" freezer="" storage="" stability="" has="" also="" been="" demonstrated.="" banana="" whole="" fruit="" samples="" were="" macerated,="" fortified="" at="" 0.2="" ppm="" with="" difenoconazole,="" and="" stored="" for="" one="" year="" in="" the="" freezer.="" samples="" analyzed="" at="" 0-,="" 28-,="" 84-,="" 168-,="" and="" 364-day="" intervals="" exhibited="" no="" degradation="" of="" the="" difenoconazole,="" demonstrating="" stability="" under="" these="" storage="" conditions.="" information="" on="" the="" transfer="" of="" residues="" to="" animals="" is="" not="" required="" or="" relevant="" to="" this="" petition.="" since="" there="" are="" no="" animal="" feedstuffs="" produced="" from="" this="" use="" on="" bananas,="" transfer="" of="" residues="" to="" livestock="" will="" not="" occur.="" there="" are="" no="" codex="" tolerances="" established="" for="" difenoconazole="" in="" bananas.="" h.="" environmental="" fate="" although="" the="" import="" tolerance="" for="" bananas="" would="" not="" lead="" to="" the="" exposure="" of="" the="" general="" population="" to="" residues="" of="" pesticides="" in="" the="" environment,="" these="" sources="" of="" exposure="" were="" considered="" in="" the="" risk="" assessment.="" difenoconazole="" is="" hydrolytically="" stable="" in="" solution="" at="" 25="" degrees="" celcius="" at="" ph="" 5,="" 7,="" and="" 9.="" the="" aerobic="" soil="" metabolism="" half-="" life="" ranges="" from="" 75="" to="" over="" 1,000="" days="" in="" various="" soils="" and="" environmental="" conditions.="" difenoconazole="" is="" considered="" to="" be="" immobile="" in="" soil.="" (pm="" 22)="" 4.="" novartis="" crop="" protection="" inc.="" pp="" 6f4723="" epa="" has="" received="" a="" pesticide="" petition="" (pp)="" 6f4723="" from="" novartis="" crop="" protection,="" inc.="" (novartis),="" p.o.="" box="" 18300,="" greensboro,="" nc="" 27419="" proposing,="" pursuant="" to="" section="" 408(d)="" of="" the="" federal="" food,="" drug="" and="" cosmetic="" act="" (ffdca),="" 21="" u.s.c.="" section="" 346a,="" to="" amend="" 40="" cfr="" 180.474="" by="" establishing="" revised="" tolerances="" for="" residues="" of="" the="" fungicide="" cga329351="" ([(r)-2-[(2,6-dimethylphenyl)-methoxyacetylamino]-propionic="" acid="" methyl="" ester).="" cga329351="" is="" the="" more="" active="" enantiomer="" contained="" in="" the="" racemic="" fungicide="" metalaxyl.="" novartis="" believes="" [[page="" 40084]]="" that="" because="" of="" its="" systemic="" and="" intrinsic="" activity,="" effective="" disease="" control="" can="" be="" obtained="" with="" mefenoxam="" at="" one-half="" the="" rate="" required="" for="" metalaxyl.="" this="" petition="" reflects="" the="" reduced="" dietary="" exposure="" associated="" with="" using="" cga329351.="" a.="" residue="" chemistry="" 1.="" cga329351="" uses.="" cga329351="" is="" highly="" efficacious="" against="" pythium="" spp.,="" phytophthora="" spp.,="" and="" fungi="" which="" cause="" downy="" mildews="" of="" turf,="" ornamental,="" and="" agricultural="" crops.="" application="" methods="" include="" seed="" treatment,="" in-furrow,="" soil="" drenches,="" and/or="" foliar.="" 2.="" metabolism.="" novartis="" believes="" the="" studies="" supporting="" this="" cga329351="" petition="" well="" characterize="" metabolism="" in="" plants="" and="" animals.="" the="" metabolism="" profile="" supports="" the="" use="" of="" an="" analytical="" enforcement="" method="" that="" accounts="" for="" combined="" residues="" of="" cga329351="" and="" its="" metabolites="" which="" contain="" the="" 2,6-dimethylaniline="" (dma)="" moiety.="" 3.="" analytical="" methodology.="" novartis="" has="" submitted="" a="" practical="" analytical="" method="" involving="" extraction,="" filtration,="" acid="" reflux,="" steam="" distillation,="" and="" solid="" phase="" cleanup="" with="" analysis="" by="" confirmatory="" gas="" chromatography="" using="" nitrogen/phosphorous="" (n/p)="" detection.="" a="" total="" residue="" method="" is="" used="" for="" determination="" of="" the="" combined="" residues="" of="" cga329351="" and="" its="" metabolites="" which="" contain="" the="" 2,6-dimethylaniline="" (dma)="" moiety.="" the="" limit="" of="" quantitation="" (loq)="" for="" the="" method="" is="" 0.05="" ppm.="" 4.="" magnitude="" of="" residue.="" this="" petition="" is="" supported="" by="" field="" residue="" trials="" conducted="" at="" various="" rates,="" timing="" intervals,="" and="" applications="" methods="" to="" represent="" the="" use="" patterns="" which="" would="" most="" likely="" result="" in="" the="" highest="" residues.="" in="" comparative="" side-by-side="" residue="" tests="" where="" cga329351="" was="" applied="" at="" one-half="" the="" labeled="" use="" rate="" of="" metalaxyl,="" resultant="" cga329351="" residues="" averaged="" one-half="" of="" those="" produced="" from="" the="" use="" of="" metalaxyl.="" for="" all="" samples,="" the="" total="" residue="" method="" was="" used="" for="" determination="" of="" the="" combined="" residues="" of="" parent="" and="" its="" metabolites="" which="" contain="" the="" dma="" moiety.="" b.="" toxicological="" profile="" of="" cga329351="" rat="" acute="" oral="" study="" with="" a="">50 value of 490 mg/kg.
        Rat acute dermal study with a LD50 > 2000 mg/kg.
        Rat inhalation study with a LC50 > 2.29 mg/liter air.
        Primary eye irritation study in rabbit showing CGA329351 as 
    severely irritating.
        Primary dermal irritation study in rabbit showing CGA329351 as 
    slightly irritating.
        Skin sensitization studies in guinea pigs (Maximization and Buehler 
    Test) showing CGA329351 is not a sensitizer.
        A 28-days cumulative toxicity study in rats with a No Observed 
    Effect Level (NOEL) of 50 mg/kg based on liver changes.
        A 90-day subchronic dietary toxicity study in rats with a NOEL of 
    250 ppm based on liver changes.
        A 90-day subchronic dietary toxicity study in dogs with a NOEL of 
    250 ppm basedon changes in blood biochemistry and hematology indicative 
    of functional liver changes.
        A 21-day dermal toxicity study in rats with a NOEL equal to or 
    higher than the limit dose of 1,000 mg/kg. No local or systemic signs 
    of toxicity were found.
        A 6-month dietary toxicity study in dogs with a NOEL of 250 ppm 
    based on changes in blood biochemistry indicative of hepatocellular 
    damage.
        A 24-month combined chronic toxicity / carcinogenicity study 
    conducted in rats with a NOEL of 250 ppm based on liver changes. No 
    evidence of oncogenicity was seen.
        A 24-month oncogenicity study conducted in mice with a NOEL of 250 
    ppm based on liver changes. No evidence of oncogenicity was seen.
        Teratology study in rats with a maternal NOEL of 10 mg/kg based on 
    reduced body weight gain. The fetuses remained entirely unaffected at 
    the highest dose tested, 250 mg/kg.
        Teratology study in rabbits with a maternal NOEL of 150 mg/kg based 
    on body weight loss. The developmental NOEL was greater than or equal 
    to the highest dose tested, 300 mg/kg.
        3-generation reproduction study in rats with a NOEL of 1,250 ppm, 
    which was the highest dose tested. The treatment had no effect on 
    reproduction or fertility.
        In vitro gene mutation test: Ames test - negative.
        In vitro chromosomal aberration test: Chinese hamster ovary (CHO)- 
    negative.
        In vitro gene mutation tests: Ames tests (3 independent studies) - 
    negative; gene mutation in mouse lymphoma cells - negative; reverse 
    mutation in Saccharomyces cerevisiae - negative.
        In vitro chromosomal aberration tests: Chinese hamster bone marrow 
    cytogenetic test - negative.
        DNA repair study in rat hepatoctes - negative.
        Dominant lethal study in mouse - negative.
    
    C. Threshold Effects
    
        1. Chronic effects. Based upon chronic toxicity data, Novartis 
    believes the Reference Dose (RfD) for CGA329351 is 0.08 mg/kg/day. This 
    RfD is based on a 6-months feeding study conducted in dogs using an 
    uncertainty factor of 100. The No-Observed Effect Level was 8 mg/kg/
    day.
        2. Acute toxicity. The risk from acute dietary exposure to 
    CGA329351 is considered to be very low. The NOEL in a 28-day study was 
    50 mg/kg, which is 6-fold higher than the chronic NOEL. Since chronic 
    exposure assessment did not result in any unacceptable exposure for 
    even the most impacted population subgroup, it is anticipated that also 
    the acute exposure will be in an acceptable range.
        3. Non-threshold effects. From toxicity studies supporting the 
    registration of CGA329351, the active ingredient is classified as a 
    Group ``E'' compound (evidence of noncarcinogenicty for humans). There 
    was no evidence of carcinogenicity in a 24-month feeding trial in mice 
    nor in a 24-month feeding study in rats at the dosage levels tested. 
    The doses tested were adequate for identifying a cancer risk.
    
    D. Aggregate Exposure
    
        1. Dietary Exposure. For the purposes of assessing the potential 
    dietary exposure under the proposed tolerances, Novartis has estimated 
    aggregate exposure based upon the Theoretical Maximum Residue 
    Concentration (TMRC). The TMRC is a ``worst case'' estimate of dietary 
    exposure since it assumes 100 percent of all crops for which tolerances 
    are established are treated. Residue studies indicate a significant 
    reduction in plant residue levels for CGA329351 relative to those for 
    metalaxyl. With use rates that are one-half that of metalaxyl, 
    CGA329351 plant residue levels are also 50% lower. Novartis has 
    requested the following tolerances for CGA329351:
    
    
                                                                            
    ------------------------------------------------------------------------
                     commodity                     parts per million (ppm)  
    ------------------------------------------------------------------------
    Alfalfa, forage...........................  3.0 ppm                     
    Alfalfa, hay..............................  10.0 ppm                    
    Almonds...................................  0.3 ppm                     
    Almond, hulls.............................  5.0 ppm                     
    Apples....................................  0.1 ppm                     
    Asparagus.................................  3.5 ppm                     
    Berries Group 1.0 ppm.....................                              
    Brassica (Cole) Leafy Vegetable Crop        0.05 ppm                    
     Grouping (Except Broccoli, Cabbage,                                    
     Cauliflower, Brussels Sprouts, Mustard                                 
     Greens).                                                               
    Broccoli..................................  1.0 ppm                     
    Brussels Sprouts..........................  1.0 ppm                     
    
    [[Page 40085]]
    
                                                                            
    Cabbage...................................  0.5 ppm                     
    Cattle (fat, liver, and kidney)...........  0.2 ppm                     
    Cattle, meat and meat by products (except   0.05 ppm                    
     kidney and liver).                                                     
    Cauliflower...............................  0.5 ppm                     
    Cereal Grains (Except Barley, Oats, and     0.05 ppm                    
     Wheat).                                                                
    Citrus Fruits Group.......................  0.5 ppm                     
    Clover, forage............................  0.5 ppm                     
    Clover, hay...............................  1.3 ppm                     
    Cottonseed, undelinted seed...............  0.05 ppm                    
    Cranberries...............................  2.0 ppm                     
    Cucurbit Vegetables Group.................  0.5 ppm                     
    Eggs......................................  0.05 ppm                    
    Fruiting Vegetables.......................  0.5 ppm                     
    Ginseng...................................  1.5 ppm                     
    Goats (fat, liver, and kidney)............  0.2 ppm                     
    Goat, meat and meat by products (except     0.05 ppm                    
     kidney and liver).                                                     
    Grapes....................................  1.0 ppm                     
    Grass, Forage.............................  5.0 ppm                     
    Grass, Hay................................  12.5 ppm                    
    Hogs (fat, liver, and kidney).............  0.2 ppm                     
    Hogs, meat and meat by products (except     0.05 ppm                    
     kidney and liver).                                                     
    Hops cones, dried.........................  10.0 ppm                    
    Horses (fat, liver, and kidney)...........  0.2 ppm                     
    Horses, meat and meat by products (except   0.05 ppm                    
     kidney and liver).                                                     
    Leafy Vegetables Group (Except Brassica,    2.5 ppm                     
     Except Spinach).                                                       
    Leaves of Root and Tuber Vegetables (human  7.5 ppm                     
     food or animal feed) Group.                                            
    Legume Vegetable Group, Foliage of........  4.0 ppm                     
    Legume Vegetables (succulent or dried)      0.1 ppm                     
     Group, except Soybeans.                                                
    Milk......................................  0.01 ppm                    
    Mustard Greens............................  2.5 ppm                     
    Bulb Vegetables Group.....................  5.0 ppm                     
    Peanut, hay...............................  10.0 ppm                    
    Peanut, nutmeat...........................  0.1 ppm                     
    Pineapples................................  0.05 ppm                    
    Poultry (fat, liver, and kidney)..........  0.2 ppm                     
    Poultry, meat and meat by products (except  0.05 ppm                    
     kidney and liver).                                                     
    Root and Tuber Vegetables, Except Ginseng.  0.3 ppm                     
    Sheep (fat, liver, and kidney)............  0.2 ppm                     
    Sheep, meat and meat by products (except    0.05 ppm                    
     kidney and liver).                                                     
    Soybeans..................................  0.5 ppm                     
    Spinach...................................  5.0 ppm                     
    Stone Fruit Group.........................  0.5 ppm                     
    Strawberries..............................  5.0 ppm                     
    Sunflower, seed...........................  0.05 ppm                    
    Walnuts...................................  0.3 ppm                     
    Papaya (Regional tolerance for Hawaii)....  0.05 ppm                    
    Citrus Oil................................  3.5 ppm                     
    Potatoes, granules / flakes...............  1.0 ppm                     
    Potatoes, chips...........................  1.0 ppm                     
    Prunes....................................  2.0 ppm                     
    Raisins...................................  3.0 ppm                     
    Tomatoes, puree...........................  1.5 ppm                     
    Apples, pomace............................  0.2 ppm                     
    Citrus, dried pulp........................  3.5 ppm                     
    Peanut, meal..............................  0.5 ppm                     
    Pineapple, process residue................  0.3 ppm                     
    Potato, waste from processing.............  5.0 ppm                     
    Soybeans, hulls...........................  1.0 ppm                     
    Soybeans, meal............................  1.0 ppm                     
    Sugar beets, molasses.....................  2.5 ppm                     
    Sunflower seeds, meal.....................  0.1 ppm                     
    Wheat, milling byproducts.................  1.0 ppm                     
    ------------------------------------------------------------------------
    
    
        The following indirect or inadvertent tolerances also have been 
    requested:
    
                                                                            
    ------------------------------------------------------------------------
                     commodity                     parts per million (ppm)  
    ------------------------------------------------------------------------
    Barley, forage............................  2.0 ppm                     
    Barley, grain.............................  0.2 ppm                     
    Barley, hay...............................  6.0 ppm                     
    Barley, straw.............................  2.0 ppm                     
    Forage, Fodder, and Straw of Cereal Grains  1.0 ppm                     
     Group (except wheat, barley, and oats)                                 
     Fodder, Forage and Straw.                                              
    Forage, Fodder, and Straw of Cereal Grains  3.0 ppm                     
     Group (except wheat, barley, and oats)                                 
     Fodder, Forage and Hay.                                                
    Oat, forage...............................  2.0 ppm                     
    Oat, hay..................................  6.0 ppm                     
    Oat, grain................................  0.2 ppm                     
    Oat, straw................................  2.0 ppm                     
    Wheat, forage.............................  2.0 ppm                     
    Wheat, hay................................  6.0 ppm                     
    Wheat, grain..............................  0.2 ppm                     
    Wheat, straw..............................  2.0 ppm                     
    Barley, milling fractions.................  1.0 ppm                     
    Oat, milling fractions....................  1.0 ppm                     
    Wheat, milling fractions..................  1.0 ppm                     
    ------------------------------------------------------------------------
    
    
        In conducting this exposure assessment, Novartis has made very 
    conservative assumptions -- 100% of all requested commodities will 
    contain CGA329351 at tolerance levels which result in an overestimate 
    of human exposure.
        2. Drinking water exposure. Novartis anticipates the potential 
    exposure from residues of CGA329351 in drinking water to be relatively 
    low. Although the potential for groundwater contamination cannot be 
    completely excluded where soils are highly permeable and the water 
    table is shallow, the reduced use rate associated with CGA329351 
    reduces potential groundwater contamination relative to that for 
    metalaxyl. Based on historical groundwater monitoring data for 
    metalaxyl from 5 states, levels typically do not exceed 3 ppb. This 
    contamination level would lead to a potential uptake of 0.09 x 10-3 mg/
    kg/day CGA329351 (for an adult person consuming 2 liters of water per 
    day), which is equivalent to 0.1% of the RfD. On the basis of this 
    worst case estimate for CGA329351, Novartis concludes that the 
    contribution of any potential groundwater contamination will be 
    negligible.
        3. Non-dietary exposure. In addition to uses on agricultural crops, 
    CGA329351 is registered for use against soil-borne disease in turf and 
    ornamentals. The product, however, is not used residentially by 
    homeowners and potential exposure to the general public is extremely 
    low. Novartis believes the non-occupational exposure to the general 
    public from turf andornamentals uses of CGA329351 to be negligible.
        Novartis believes that consideration of a common mechanism of 
    toxicity is not appropriate at this time since there is no information 
    to indicate that toxic effects produced by CGA329351 would be 
    cumulative with those of any other chemicals. Consequently, Novartis is 
    considering only the potential exposure to CGA329351 in its aggregate 
    risk assessment.
    
    E. Safety Determination
    
        1. U.S. population. Under the conservative exposure assumptions of 
    100 percent of all crops for which tolerances are established are 
    treated, and CGA329351 residue levels are at tolerance level (i.e., 
    TMRC), less than 9% of the RfD will be utilized by the U.S. general 
    population. EPA generally has no concern for exposures below 100 
    percent of the RfD. Therefore, based on the completeness and 
    reliability of the toxicity data supporting this petition, Novartis 
    believes that there is a reasonable certainty that no harm will result 
    from aggregate exposure to residues of CGA329351, including anticipated 
    dietary exposure and all other types of non-occupational exposures.
        2. Infants and children. There is no indication that CGA329351 
    interferes with the pre-or neonatal development, even when experimental 
    animals were exposed to very high doses leading to maternal toxicity. 
    Infants and children are not expected to show any particular 
    sensitivity to CGA329351. Calculated on the basis of the TMRC, 
    utilization of RfD from dietary exposure of children is estimated as: 
    6% for nursing infants less than 1 year old, 16% for non-nursing 
    infants less than 1 year old, 18% for 1 to 6 year old and 13% for 
    children 7-12 years old.
        Novartis believes that under the worst case assumptions which 
    overestimate exposure to infants and children, there is a reasonable 
    certainty that no harm
    
    [[Page 40086]]
    
    will result to infants and children form aggregate exposure to 
    CGA329351.
    
    F. Estrogenic Effects
    
        CGA329351 does not belong to a class of chemicals known or 
    suspected of having adverse effects on the endocrine system. 
    Furthermore, supporting developmental toxicity studies in rats and 
    rabbits and a reproduction study in rats gave no indication of any 
    effects on endocrine function related to development and reproduction. 
    Subchronic and chronic treatment did not induce any morphological 
    changes in endocrine organs and tissues.
    
    G. International Tolerances
    
        There are no Codex Alimentarius Commission (CODEX) maximum residue 
    levels (MRL's) established for residues of CGA329351 in or on raw 
    agricultural commodities.   (PM 21)
    
    [FR Doc. 97-19669 Filed 7-24-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
07/25/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-19669
Dates:
Comments, identified by the docket control number PF-744, must be received on or before August 25, 1997.
Pages:
40075-40086 (12 pages)
Docket Numbers:
PF-744, FRL-5726-4
PDF File:
97-19669.pdf