[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Proposed Rules]
[Pages 49816-49818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24005]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 185

[PP 5E4429/P631; FRL-4973-9]
RIN 2070-AC18


Oxyfluorfen; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to establish tolerances for residues of the 
herbicide oxyfluorfen in or on the raw agricultural commodities 
blackberry and raspberry. The proposed regulation to establish maximum 
permissible levels for residues of the herbicide was requested in a 
petition submitted by the Interregional Research Project No. 4 (IR-4) 
pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA). EPA also 
proposes deleting the metabolites of oxyfluorfen containing the 
diphenyl ether linkage from certain tolerance expressions.
 DATES: Comments, identified by the document control number [PP 5E4429/
P631], must be received on or before October 27, 1995.

ADDRESSES: By mail, submit written comments 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 comments to: Rm. 1132, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA 22202. Comments and data may 
also be submitted to OPP by sending electronic mail (e-mail) to:
    [email protected]
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect 5.1 file format or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket number [PP 5E4429/P631]. Electronic comments 
on this proposed rule may be filed online at many Federal Depository 
Libraries. Additional information on electronic submissions can be 
found in the ``SUPPLEMENTARY INFORMATION'' section of this document.
    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 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 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson, 
Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Sixth Floor, Crystal Station #1, 
2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Interregional Research Project No. 4 
(IR-4), New Jersey Agricultural Experiment Station, P.O. Box 231, 
Rutgers University, New Brunswick, NJ 08903, has submitted pesticide 
petition (PP) 5E4429 to EPA on behalf of the Agricultural Experiment 
Stations of Oregon, New York, Virginia, and Washington. This petition 
requests that the Administrator, pursuant to section 408(e) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), amend 
40 CFR 180.381 by establishing a tolerance for residues of the 
herbicide oxyfluorfen [2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-
(trifluoromethyl)benzene] in or on the raw agricultural commodities 
blackberry and raspberry at 0.05 part per million (ppm). The petitioner 
proposed that use of oxyfluorfen on blackberry and raspberry be 
geographically limited to Oregon and Washington based on the 
geographical representation of the residue data submitted. Additional 
residue data will be required to expand the area of usage. Persons 
seeking geographically broader registration should contact the Agency's 
Registration Division at the address provided above.
    EPA also proposes to amend established tolerances for oxyfluorfen 
by deleting the diphenyl ether linkage metabolites from the tolerance 
expressions under 40 CFR 180.381 and 185.4600. Tolerances are currently 
established for residues of oxyfluorfen and its metabolites containing 
the diphenyl ether linkage in or on certain raw agricultural 
commodities under 40 CFR 180.381 and certain processed foods under 
185.4600. EPA has determined that it is no longer necessary to regulate 
these metabolites in raw agricultural and processed commodities. 
Metabolism studies with oxyfluorfen show no detectable residues of the 
diphenyl ether linkage metabolites in plants. Oxyfluorfen per se is the 
major residue found in meat, meat byproducts, fat, milk, and eggs.
    The scientific data submitted in the petition and other relevant 
material have been evaluated. The toxicological data considered in 
support of the proposed tolerances include:
    1. A 2-year feeding study in dogs fed diets containing 0, 100, 600, 
or 2,000 ppm with a no-observed-effect level (NOEL) of 100 ppm 
(equivalent to 2.5 milligrams (mg)/kilogram (kg)/day). Effects observed 
in dogs fed diets containing 600 ppm (equivalent to 15 mg/kg/day) were 
increased liver weight, 

[[Page 49817]]
increases in alkaline phosphatase, renal tubule vacuolization, and 
thyroid C-cell hyperplasia.
    2. A developmental toxicity study in rats given gavage doses of 0, 
18, 183, or 848 mg/kg/day with NOEL's for maternal and developmental 
toxicity of 18 mg/kg/day. Developmental effects consisting of decreased 
fetal body weight, increased resorptions, and an increase in the 
incidence of left carotid artery from the innominate, bent bones of the 
forelimbs, and other ossification irregularities were observed at the 
183-mg/kg/day dose level. These effects were confined to the mid-dose 
level, since there was 100 percent litter loss in the high-dose groups 
as a result of maternal mortality and resorptions. The lowest-observed-
effect level (LOEL) for maternal toxicity was established at 183 mg/kg/
day based on decreased weight gain and food consumption, increased 
incidences of soft or scant feces, and increased alkaline phosphatase.
    3. A developmental toxicity study in rabbits given gavage doses of 
0, 10, 30, or 90 mg/kg/day with NOEL's for maternal and developmental 
toxicity of 10 mg/kg/day. Developmental toxicity (fused sternebrae) and 
maternal toxicity (anorexia and decreased body weight gain) were 
observed at the 30-mg/kg/day dose level.
    4. A two generation reproduction study in rats fed diets containing 
0, 100, 400, or 1,600 ppm with NOEL's for reproductive and systemic 
effects of 400 ppm (equivalent to 20 mg/kg/day). Reproductive effects 
observed at the 1,600-ppm dose level were decreased pup body weight 
during lactation in both the F1a and F2a litters and a 
decreased litter size at birth in F1a and F2a litters. 
Systemic effects observed at the 1,600-ppm dose level include pelvic 
mineralization and pelvic papillary hyperplasia of P1 and P2 
males and P2 females and dilation of kidney collecting ductules in 
both P2 sexes.
    5. Mutagenicity studies including Salmonella assays, positive with 
and without activation in strains TA98, TA100, and TA1537; Salmonella 
assays, negative with and without activation in strains TA98, TA100, 
TA1535, and TA1537; in vivo cytogenetic assay in rats, negative for 
cytogenetic chromosomal aberrations both with and without metabolic 
activation; and mouse lymphoma forward mutation assay, positive in the 
presence of an activation system.
    6. A 2-year chronic feeding/carcinogenicity study in rats fed diets 
containing 0, 2, 40, or 800/1,600 ppm (the 800-ppm dosage level was 
raised to 1,600 ppm at week 57 of the study) with a NOEL of 40 ppm 
(equivalent to 2.0 mg/kg/day) based on minimal hypertrophy of liver 
cells. There were no carcinogenic effects observed under the conditions 
of the study at any dose level tested.
    7. A 20-month carcinogenicity study in CD-1 mice fed diets 
containing 0, 2, 20, or 200 ppm with a NOEL of 2 ppm (equivalent to 0.3 
mg/kg/day) for systemic effects. Oxyfluorfen was associated with 
significant positive dose-related trends for liver adenoma, carcinoma, 
and combined adenoma and/or carcinoma in male mice when compared with 
historical control data from CD-1 mouse studies of 20 to 22 months 
duration. There was no apparent effect on the latency period for tumor 
occurrence, and no compound-related increase in tumors were observed in 
female mice.
    Based on a weight-of-the-evidence determination, EPA has classified 
oxyfluorfen as a possible human carcinogen (Group C) with quantified 
risk. The qualitative categorization of carcinogenicity is based on the 
Agency's Guidelines for Carcinogenic Risk Assessment, published in the 
Federal Register of September 24, 1986 (51 FR 33992).
    Although there was no compound-related increase in tumors observed 
in female mice or in male or female rats, and no evidence for a 
reduction in latency period for the time-to-liver tumor appearance in 
male mice, quantification of carcinogenic risk for oxyfluorfen is 
considered appropriate. The decision supporting a Category C 
classification with quantified risk is based on the significant 
positive dose-related trends in liver adenomas, carcinomas, and 
combined adenomas and/or carcinomas in male CD-1 mice. Supporting 
evidence includes a strong association of oxyfluorfen with diphenyl 
ether herbicides (a class of herbicides associated with evidence of 
carcinogenicity) and evidence of mutagenicity in the Salmonella and the 
mouse lymphoma assays.
    A carcinogenic risk assessment for oxyfluorfen has been completed 
based on the available information. The potential carcinogenic risk 
from dietary exposure resulting from existing uses of oxyfluorfen is 
calculated at 1.8 X 10-6. The dietary risk assessment is based on 
a potency estimator (Q1*) of 0.13 (mg/kg/day)-1. Dietary 
exposure is calculated at 0.000014 mg/kg/day based on theoretical 
maximum residue contribution (TMRC) estimates for some uses and 
anticipated residue contribution (ARC) estimates for other uses. TMRC 
values assume that 100 percent of the crops are treated and that the 
resulting residues are at tolerance levels. ARC values estimate 
expected dietary exposure based on actual residue levels that are 
anticipated on the treated commodities and/or the estimated percent of 
the crop treated. The potential carcinogenic risk from residues of 
oxyfluorfen in the diet is expected to be less than calculated since 
data were not available to estimate the percent of crop treated for 
several commodities which theoretically contribute significant residues 
to the diet. In the absence of these data, the Agency has assumed that 
100 percent of the crop was treated.
    Dietary exposure resulting from tolerance level residues in or on 
blackberry and raspberry is estimated at 0.000001 mg/kg/day. The 
potential carcinogenic risk to the proposed tolerance level residues 
for blackberry and raspberry is calculated at 6 X 10-8, a 
negligible increase.
    The Reference Dose (RfD) for oxyfluorfen is calculated at 0.003 mg/
kg/day, based on a NOEL of 0.30 mg/kg of body weight/day from the 20-
month feeding study in mice and an uncertainty factor of 100. Dietary 
exposure from existing tolerances and the proposed tolerances for 
blackberry and raspberry utilizes less than 1 percent of the RfD for 
the general population and for children, aged 1 to 6 years (the 
subgroup population most highly exposed.)
    An adequate analytical method is available for enforcement 
purposes. The metabolism of oxyfluorfen in plants is adequately 
understood. An analytical method for enforcing these tolerances has 
been published in the Pesticide Analytical Manual, Vol. II (PAM II). No 
secondary residues are expected in meat, milk, poultry, or eggs since 
blackberry and raspberry are not considered livestock feed commodities.
    There are currently no actions pending against the continued 
registration of this chemical.
    Based on the information and data considered, the Agency has 
determined that the tolerances established by amending 40 CFR part 180 
would protect the public health. Therefore, it is proposed that the 
tolerances be established as set forth below.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after publication 
of this document in the Federal Register that this rulemaking proposal 
be referred to an Advisory Committee in accordance with section 408(e) 
of the FFDCA.

[[Page 49818]]

    A record has been established for this rulemaking under docket 
number [PP 5E4429/P631] (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 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The public record is located in Rm. 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.
    Electronic comments can be sent directly to EPA at:
    opp-D[email protected]
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to all the requirements of the Executive Order (i.e., 
Regulatory Impact Analysis, review by the Office of Management and 
Budget (OMB)). Under section 3(f), the order defines ``significant'' as 
those actions likely to lead to a rule (1) having an annual effect on 
the economy of $100 million or more, or adversely and materially 
affecting a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities (also known as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs; or (4) raising novel legal or policy issues 
arising out of legal mandates, the President's priorities, or the 
principles set forth in this Executive Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 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).

List of Subjects in 40 CFR Parts 180 and 185

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Food additives, Pesticides and pests, 
Reporting and recordkeeping requirements.

    Dated: September 18, 1995.

Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, it is proposed that parts 180 and 185 be amended as 
follows:

PART 180--[AMENDED]

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

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

    b. In Sec. 180.381, by amending paragraph (a) by revising the 
introductory text therein and revising paragraph (b), to read as 
follows:


Sec. 180.381   Oxyfluorfen; tolerances for residues.

    (a) Tolerances are established for residues of the herbicide 
oxyfluorfen [2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-
(trifluoromethyl)benzene] in or on the following raw agricultural 
commodities:
*        *        *        *        *
    (b) Tolerances with regional registration are established for 
residues of the herbicide oxyfluorfen [2-chloro-1-(3-ethoxy-
4nitrophenoxy)-4-(trifluoromethyl)benzene] in or on the following raw 
agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Blackberry.................................................         0.05
Garbanzo beans.............................................         0.05
Guava......................................................         0.05
Papaya.....................................................         0.05
Taro (corms and leaves)....................................         0.05
Raspberry..................................................         0.05
                                                                        
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PART 185--[AMENDED]

    2. In part 185:
    a. The authority citation for part 185 continues to read as 
follows:

    Authority:21 U.S.C. 346a and 348.

    b. By amending Sec. 185.4600 by revising the introductory text to 
read as follows:


Sec. 185.4600   Oxyfluorfen.

    A regulation is established permitting residues of the herbicide 
oxyfluorfen [2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-
(trifluoromethyl)benzene] in or on the following processed food when 
present therein as a result of application of the herbicide to growing 
crops:
*        *        *        *        *

[FR Doc. 95-24005 Filed 9-26-95; 8:45 am]
BILLING CODE 6560-50-F