[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45060-45062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21037]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-300396; FRL-4971-8]

40 CFR Part 180


Lepidopteran Pheromones: Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes an exemption from the requirement of 
a food tolerance for residues of certain Lepidopteran pheromones 
resulting from the use of these substances independent of formulation, 
mode of application or physical form or shape with an annual 
application limitation of 150 grams active ingredient per acre (gm AI/
acre) for pest control in or on all raw agricultural commodities. This 
exemption pertains only to the pheromone active ingredient. Any 
encapsulating material needs to be a cleared inert for pesticidal uses 
on food crops. EPA is establishing this regulation on its own 
initiative.

EFFECTIVE DATE: This regulation becomes effective August 30, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
docket control number, OPP-300396, may be submitted to: Hearing Clerk 
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
Washington, DC 20460. A copy of any objections and hearing requests 
filed with the Hearing Clerk should be identified by the docket control 
number and submitted to: Public Response and Program Resources Branch, 
Field Operations Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
In person, bring a copy of objections and hearing requests to: Public 
Docket, Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Highway, 
Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Copies of objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of objections and 
hearing requests will also be accepted on disks in WordPerfect in 5.1 
file format or ASCII file format. All copies of objections and hearing 
requests in electronic form must be identified by the docket number 
``OPP-300396.'' No Confidential Business Information (CBI) should be 
submitted through e-mail. Electronic copies of objections and hearing 
requests on this rule may be filed online at many Federal Depository 
Libraries. Additional information on electronic submissions can be 
found in Unit IV. of this document.


[[Page 45061]]

FOR FURTHER INFORMATION CONTACT: By mail: Phil Hutton, Product Manager 
(PM-90), Biopesticides and Pollution Prevention Division (7501W), 
Office of Pesticide Programs, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. Office location, telephone number, and 
e-mail address: 5th Floor, Crystal Station 1, 2805 Crystal Drive, 
Arlington, VA, (703) 308-8260, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of March 29, 1995 
(60 FR 16128), EPA issued a notice of filings and invited comments on a 
pesticide petition to propose amending 40 CFR part 180 by establishing 
an exemption from the requirement of a food tolerance for certain 
Lepidopteran pheromones regardless of mode of application when used at 
rates less than or equal to 150 grams ai/acre/year. The Agency received 
no comments in response to its notice. In this document, EPA sets forth 
its reasons for determining that a tolerance for these pheromone 
products is not necessary to protect public health.
    For the purposes of this exemption, a Lepidopteran pheromone is 
defined as a naturally occurring compound, or identical or 
substantially similar synthetic compound, designated by the unbranched 
aliphatics (with a chain between 9 and 18 carbons) ending in an 
alcohol, aldehyde or acetate functional group and containing up to 3 
double bonds in the aliphatic backbone. This definition encompasses the 
majority of Lepidopteran pheromones. While other types of chemical 
compounds have been demonstrated to be Lepidopteran pheromones and 
other arthropod pheromones have been recommended for tolerance 
exemptions, there is limitied toxicity data and exposure information 
available. The Agency believes the type described here represents not 
only the majority of Lepidopteran pheromones but also those with the 
most complete toxicological data base. Synthetically produced compounds 
that are identical to a known aliphatic Lepidopteran pheromone as 
described above, and those that differ only in that their molecular 
structures are stereochemical isomers (or ratios of such isomers) are 
also included in this tolerance exemption. Other Lepidopteran 
pheromones and other pheromones not included within the described scope 
will still require mammalian toxicity testing (40 CFR 158.690) if used 
on food crops and are not otherwise exempt from the requirement of a 
tolerance.

I. Background

    A pheromone (including an identical synthetic compound) is defined 
by EPA as a compound produced by an arthropod (insect, arachnid, or 
crustacean) that modifies the behavior of other individuals of the same 
species (40 CFR 152.25(b)). Lepidopteran pheromones are those produced 
by a member of the order Lepidoptera, which includes butterflies and 
moths. One physical-chemical feature common to all these compounds is 
their volatility which is the basis for the signalling and homing 
mechanism. The Agency has registered 17 arthropod pheromones active 
ingredients, 11 of which are Lepidopteran pheromones.
    The Agency has assumed that pheromones and other similar 
semiochemicals are different from conventional synthetic pesticides, 
and has attempted to facilitate their registration with reduced data 
requirements and regulatory relief efforts. Most recently the Agency 
has recognized that a special category of pheromone products dispensed 
from larger sized polymeric matrices with low annual use rates 
represent minimal risk for dietary and environmental exposure and has 
greatly eased the burden to register these items. Broadcast methods of 
application were not included because the Agency did not have 
sufficient information on the levels of exposure from pheromones 
applied in this manner. The Agency has since received data in this 
area. In addition to submitted data, the Agency utilized in its 
decision an internal document of the toxicology of certain Lepidopteran 
pheromones related by their chemical structure.
    For pheromone products, especially those directly applied to food, 
one problem has been a lack of subchronic toxicity studies and an 
estimate of the actual pheromone residues occurring with use. Some 
pheromone uses in solid matrix dispensers have been registered based on 
the low probability of exposure justifying the waiver of the subchronic 
toxicity studies, namely the 90-day feeding, the developmental toxicity 
and immunotoxicity studies. However, the Agency has held that sprayable 
formulations or other modes of application that may increase the 
likelihood of human exposure would still require the subchronic 
toxicology studies.

II. Human Health

    Data has been submitted on subchronic toxicology studies done to 
date on compounds similar in structure to the Lepidopteran pheromones 
and published in the peer reviewed, public literature. The information 
submitted covered compounds that were from six to sixteen carbon 
unbranched alcohols, acetates and aldehydes. Since the Agency is basing 
this tolerance exemption on chemical structure, it is relevant to 
consider the available subchronic toxicology data for this group. The 
results given in these literature reports indicate that there is no 
significant acute toxicity associated with the primary alcohols, 
acetates or aldehydes mentioned (C8 to C16 unbranched 
aliphatics). In addition, the subchronic toxicity of an isomeric 
mixture of tridecenyl acetate indicated no significant signs of 
toxicity other than those expected with longer term exposure to high 
doses of a hydrocarbon. The findings of the published studies indicate 
that there were no significant health effects from subchronic exposures 
to this group of chemicals.
    Studies examining the volatilization of a pheromone from a 
microcapsule indicates that about 70 percent of the pheromone remains 
after 30 days. These results indicate the pheromone is released at a 
slower rate than anticipated. The studies show that only a small 
proportion of the microcapsules actually release any pheromone or only 
a portion of the total pheromone loaded into the capsule is capable of 
ever being released. These laboratory studies indicate a potential for 
pheromone residues to occur in the absence of any biological or 
environmental factors.
    In a submitted field study, however, residue analyses from field 
treated plants indicate no significant amounts of pheromone can be 
detected on the resulting fruit. The detectable residues on unwashed 
fruit of tomato pinworm pheromone ranged from 21-72 ppb on the day of 
application, decreased to 0.9-6.8 ppb on day 15, and was recorded at 
0.29-1.2 ppb on day 30. Washing the tomatoes brought all the residues 
below the level of detection. This study demonstrates that the expected 
pheromone residue levels found in tomato fruit are several orders of 
magnitude lower than previously calculated estimates. The process of 
application, weathering, and other environmental degradation leads to a 
reduction in the active ingredient that approaches the system limit of 
detection in the expected 3-week lifetime of the raw agricultural 
product.

III. Conclusion

    The Agency believes that the potential for pheromone residues is 
not a dietary hazard. This conclusion is based on: (1) The low acute 
toxicity seen in the data 

[[Page 45062]]
review of the Lepidopteran pheromones registered to date; (2) the known 
metabolism of long-chain fatty acids that predicts these compounds 
would be metabolized either by -oxidation yielding a series of 
paired carbon losses or by complexing with glucuronide and excretion by 
the kidneys; and (3) low exposure subsequent to application from 
product aging, volatilization, and the results of the field residue 
studies.
    EPA has determined that, when used in accordance with good 
agricultural practices, a food tolerance for the defined subset of 
Lepidopteran pheromones is not necessary to protect the public health. 
A generic exemption for this low-risk, low-exposure group of substances 
will facilitate the use of semiochemicals as alternatives to 
conventional synthetic pesticides. Therefore, EPA is establishing an 
exemption from the requirement of a tolerance as set forth below for 
the defined group of compounds with from 9 to 18 carbon atoms, 
regardless of formulation or mode of application, at use rates of less 
than 150 grams active ingredient/acre/year. It is important to note 
that any encapsulating material needs to be a cleared inert for 
pesticidal uses on food crops. To the extent that other straight 
chained, or non-straight chained chemicals within this group may be 
naturally occurring and sufficiently similar to these Lepidopteran 
compounds in use, they may also meet the exemption from the requirement 
for a food tolerance upon review by the Agency.
    Any person adversely affected by this regulation may, within 30 
days, file written objections and/or request a hearing with the Hearing 
Clerk and a copy submitted to the OPP docket for this rulemaking at the 
addresses given above.

IV. Rulemaking Record

     A record has been established for this rulemaking under docket 
number ``OPP-300396'' (including objections and hearing requests 
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 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The public record is located in Room 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Written objections and hearing requests, identified by the document 
control number ``OPP-300396'', may be submitted to the Hearing Clerk 
(1900), Environmental Protection Agency, Rm. 3708, 401 M St., SW., 
Washington, DC 20460.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to EPA at:

    [email protected]

    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any objections and hearing requests received 
electronically into printed, paper form as they are received and will 
place the paper copies in the official rulemaking record which will 
also include all objections and hearing requests submitted directly in 
writing. The official rulemaking record is the paper record maintained 
at the address in ``ADDRESSES'' at the beginning of this document.

V. Regulatory Assessments

    The Office of Management and Budget has exempted this notice from 
the requirement of section 3 of Executive Order 12866.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator has 
determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950).

    Dated: August 18, 1995.
Janet L. Andersen,
Acting Director, Biopesticides and Pollution Prevention Division Office 
of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    2. By adding Sec. 180.1153 to subpart D to read as follows:


Sec. 180.1153   Lepidopteran pheromones; exemption from the requirement 
of a tolerance.

    Lepidopteran pheromones that are naturally occurring compounds, or 
identical or substantially similar synthetic compounds, designated by 
an unbranched aliphatic chain (between 9 and 18 carbons) ending in an 
alcohol, aldehyde or acetate functional group and containing up to 3 
double bonds in the aliphatic backbone, are exempt from the requirement 
of a tolerance in or on all raw agricultural commodities. This 
exemption pertains to only those situations when the pheromone is 
applied to growing crops at a rate not to exceed 150 grams active 
ingredient/acre/year in accordance with good agricultural practices.

[FR Doc. 95-21037 Filed 8-29-95; 8:45 am]
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