[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Proposed Rules]
[Pages 30204-30207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15200]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186

[PP5F4545, FAP6H5737/P663; FRL-5375-5]


Quizalofop-P Ethyl Ester; Pesticide Tolerance and Maximum Residue 
Level

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to establish a tolerance for the residues of the 
herbicide quizalofop (2-[4-(6-chloroquinoxalin-2-yl)oxy)phenoxy])-
propanoic acid], and quizalofop ethyl [ethyl-(2-[4-(6-chloroquinoxalin-
2-yl) oxy)phenoxy)propanoate), all expressed as quizalofop ethyl in or 
on the raw agricultural commodity canola seed at 1.0 part per million 
(ppm) and to establish a maximum residue limit for quizalofop ethyl on 
canola meal at 1.5 ppm. E.I. DuPont de Nemours Company submitted 
petitions pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA) 
requesting these regulations to establish certain maximum permissible 
residue levels for residues of the herbicide.

DATES: Comments, identified by the docket control number [PP PP5F4545, 
FAP6H5737/P663], must be received on or before July 15, 1996.

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: opp-
[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 Word 
Perfect 5.1 file format or ASCII file format. All comments and data in 
electronic form must be identified by the docket number [PP 5F4545, FAP 
6H5737/P663]. 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). Information so marked 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 notice. All written 
comments will be available for public inspection in Rm. 1132 at the 
Virginia address given above, from 8 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail, Robert J. Taylor, Product 
Manager (PM-25), Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location, telephone number, and e-mail address: Rm. 
241, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-
6027; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: EPA issued notices published in the Federal 
Register of February 1, 1996 (61 FR 3696) (FRL-4994-3), which announced 
that E.I. Du Pont de Nemours Company, Agricultural Products, Walkers 
Mill, Barley Mill Plaza, P.O. Box 80038, Wilmington, DE 19880-0038, had 
submitted pesticide petition (PP) 5F4545 to EPA proposing to amend 40 
CFR 180.441 by establishing tolerances for residues of the herbicide 
quizalof [2-4-(6-chloroquinoxalin-2-yl)oxylphenoxy)propanic acid] and 
quizalofop ethyl(ethyl-2-[4,(6-chloroxyunoxalin-2-
yl)oxy)phenoxy]propanonate), all expressed as quizalofop ethyl in or on 
foliage of legume vegetables (except soybean) at 3.0 ppm and on canola 
seed at 2.0 ppm. DuPont also submitted a

[[Page 30205]]

feed/food additive petition (FAP) 6F5737 proposing to amend 40 CFR 
185.5250 by establishing tolerances for the combined residues of the 
herbicide quizalof [2-[4-(6-chloroquinoxalin-2-yl)oxylphenyl)propanic 
acide] and quizalofopethyl(ethyl-2-[4,(6chloroxyunoxalin-2-
yl)oxy)phenoxy]propanonate), all expressed as quizalofop ethyl in or on 
the food commodities canola, meal at 3.0 ppm and canola, oil at 0.1 ppm 
and to amend 40 CFR 186.5250 by establishing tolerances for the 
combined residues of the herbicide quizalof [2-[4-(6-chloroquinoxalin-
2-yl)oxylphenyl)propanic acide] and quizalofop ethyl(ethyl-2-[4,(6-
choroxyunoxalin-2-yl)oxy)phenoxy]propanonate), all expressed as 
quizalofop ethyl in or on the feed commodity canola, meal at 3.0 ppm.
    There were no comments or requests for referral to an advisory 
committee received in response to these notices of filing.
    During the course of the review of the PP 5F4545, the Agency 
determined that the filing notice had several errors in the chemical 
name, that the proposed listing for foliage of legume vegetables 
(except soybeans) was not necessary since it duplicated a listing under 
PP 3F4268 (final rule published elsewhere in today's Federal Register) 
and should be deleted from PP 5F4545. The Agency also determined that 
the proposed tolerance for canola, seed at 2.0 was higher than 
necessary. The petitioner subsequently submitted a revised section F 
deleting the listing for foliage of legume vegetables, and proposing 
the establishment of a tolerance for the combined residues of the 
herbicide quizalofop ethyl 2-[4-(6-chloroquinoxalin-2-
yl)oxy)phenoxy)propanoic acid), and quizalofop ethyl (ethyl-2-[4-(6-
chloroquinoxalin-2-yl)oxy)phenoxy] propanoate, all expressed as 
quizalofop ethyl in on the raw agricultural commodity canola, seed at 
1.0 ppm.
    During the course of the review of FAP 6H5767, the Agency noted 
that there were several errors in the filing notice, including the 
designation of the petition number, the filing notice should have read 
6H5737 instead of 6F5737. The Agency also determined that food additive 
tolerances were not necessary for canola, oil or canola, meal and that 
a section 701 maximum residue level (MRL) instead of a section 409 feed 
additive tolerance was needed for canola meal. The petitioner 
subsequently submitted a revised section F proposing the establishment 
of a maximum residue limit (MRL) for the combined residues of the 
herbicide quizalofop ethyl 2-[4-(6-chloroquinoxalin-2-yl)oxy)phenoxy) 
propanoic acid), and quizalofop ethyl (ethyl-2-[6-chloroquinoxalin-2-
yl)oxy)phenoxy]propanoate, all expressed as quizalofop ethyl in or on 
canola meal at 1.5 ppm.
    In the Federal Register of June 14, 1995 (60 FR 31300) (FRL-4944-
2), EPA issued a revised policy concerning when section 409 food and 
feed additive tolerances were needed to prevent the adulteration of 
foods and animal feeds. Under EPA's revised policy, a section 409 
tolerance is necessary for pesticide residues in processed food when it 
is likely that the level of some residues of the pesticide will exceed 
the section 408 tolerance level in ``ready to eat'' processed food. Of 
particular relevance to the quizalofop ethyl feed additive tolerance is 
EPA`s decision to interpret the term ``ready to eat'' processed food as 
food ready for consumption ``as is'' without further preparation. For 
foods that are found to be not ``ready to eat,'' EPA takes into account 
the dilution of residues that occurs in preparing a ``ready to eat'' 
food.
    EPA has determined that canola meal is not a ``ready to eat'' 
animal feed. EPA has found no evidence that canola meal is feed to 
livestock as a stand-alone feedstock. Rather, canola meal is used as an 
ingredient in animal feeds. The section 408 tolerance for quizalofop 
ethyl on canola seed is 1.0 ppm. The highest average field trial (HAFT) 
residue found in canola was 0.65 ppm. A processing study showed that 
the concentration factor for canola meal was 2.3X. Thus, given this 
information, it is likely that quizalofop ethyl residues of 1.5 ppm 
(0.65 x 2.3) could occur in canola meal. However, to project what 
residues are likely in ``ready to eat'' animal feed containing canola 
meal the 1.5 ppm level must be divided by 4 to allow for dilution 
occurring when canola meal is added to other feedstuffs. Once this 
dilution is taken into account, the maximum residue level of quizalofop 
ethyl in animal feed would be 0.375 (1.5 ppm/4=0.375 ppm). Since this 
is below the section 408 tolerance level, animal feed containing such 
residue levels would not be adulterated, and no section 409 feed 
additive tolerance is needed.
    To aid in the efficient enforcement of the Act, EPA is proposing to 
establish a maximum residue limit (MRL) for quizalofop ethyl residues 
in canola meal. The MRL will reflect the maximum residue of quizalofop 
ethyl in processed foods consistent with a legal level of such residues 
being present in canola and the use of good manufacturing practices. 
See 21 U.S.C. 542(a)(2)(c) and rules published December 6, 1995 (60 FR 
62366) (FRL-4971-7), and February 29, 1996 (61 FR 7734) (FRL-4996-2), 
regarding imidacloprid. Processed food not in compliance with an 
applicable MRL will be deemed adulterated under section 402. Taking 
into account the degree to which quizalofop ethyl may concentrate 
during processing using good manufacturing processes (2.3) and the 
level of residues expected in canola (0.65 ppm), EPA proposes a MRL of 
1.5 ppm for canola meal. For purposes of enforcement of the MRL, the 
same analytical method used for enforcement of the section 408 
regulations, should be used.
    The data submitted in the petition and other relevant material have 
been evaluated. The toxicology data submitted in support of these 
petitions is discussed under a final rule regarding PP 3F4268 and FAP 
5H5720, published elsewhere in today's issue of the Federal Register.
    Based on the NOEL of 0.9 mg/kg/bwt/day in the 2-year rat feeding 
study, and using a hundredfold uncertainty factor, the reference dose 
(RfD) for quazalofop ethyl is calculated to be 0.009 mg/kg/bwt/day. The 
theoretical maximum residue contribution (TMRC) is 0.000478 mg/kg/bwt/
day for existing tolerances for the overall U.S. population. The 
current action will increase the TMRC by less than 0.000077 mg/kg/bwt/
day. These tolerances and previously established tolerances utilize a 
total of 6.8 % of the RfD for the overall U.S. populations, with all 
exposure coming from published uses. For U.S. subgroup populations, 
non-nursing infants and children aged 1 to 6 years, the current action 
and previously established tolerances utilize, respectively a total of 
18.842 percent and 11.98 percent of the RfD, with all exposure coming 
from previously established tolerances, assuming that residue levels 
are at the established tolerances and that 100 percent of the crop is 
tested.
    There are no desirable data lacking for this petition.
    The nature of the residue in plant and livestock is adequately 
understood. An adequate amount of geographically representative crop 
field trial residue data were presented which show that the proposed 
tolerances should not be exceeded when quizalofop ethyl is formulated 
into ASSURE and used as directed. An adequate analytical methodology 
(high-pressure liquid chromatography using either ultraviolet or 
fluorescence detection) is available for enforcement purposes in Vol. 
II of

[[Page 30206]]

the Food and Drug Administration Pesticide Analytical Method (PAM II, 
Method I). There are currently no actions pending against the 
registration of this chemical. Any secondary residues expected to occur 
in eggs, milk, meat, fat, and meat byproducts of cattle, goats, hogs, 
horses, sheep, and poultry from this use will be covered by existing 
tolerances.
    Based on the information cited above, the Agency has determined 
that when used in accordance with good agricultural practice, this 
ingredient is useful and that the tolerance established by amending 40 
CFR part 180 will protect the public health, and the establishment of 
the maximum residue level by amending 40 CFR part 186 is consistent 
with residue levels permissible in processed foods under 21 U.S.C. 
342(a)(2)(C). It is proposed, therefore, that the tolerances be 
established as set forth below.
    Any person who has registered or submitted an application for 
registration 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 Federal Food, Drug, and Cosmetic Act.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number [PP 5F4545, FAP 6H5720/P663]. All written 
comments filed in response to this petition will be available in the 
Public Response and Program Resources Branch, at the address given 
above from 8 a.m. to 4:30 p.m., Monday through Friday, except legal 
holidays.
    A record has been established for this rulemaking under docket 
number [PP 5F4545, FAP 6H5737/P663](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:
    [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 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 final 
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, October 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.
    This action does not impose any enforceable duty, or contain any 
``unfunded mandates'' as described in Title II of the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation a 
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), 
entitled Enhancing the Intergovernmental Partnership, or special 
consideration as required by Executive Order 12898 (59 FR 7629, 
February 26, 1994).
    Pursuant to the terms of this Executive Order, EPA has determined 
that this proposed rule is not ``significant'' and therefore not 
subject to OMB review.
    Pursuant to the requirements of the Regulatory Flexibility Act (5 
U.S.C. 601-612), the Administrator has determined that regulations 
establishing new tolerances or food additive regulations or raising 
tolerance levels or food additive regulations or establishing 
exemptions from tolerance requirements do not have a significant 
economic impact on a substantial number of small entities. A 
certification statement containing the factual basis for this 
conclusion was published in the Federal Register of May 4, 1981 (46 FR 
24950). Because MRLs function similarly to tolerances and food additive 
regulations, the establishment of a MRL also does not have a 
significant effect on a small number of small entities.

List of Subjects in 40 CFR Part 180

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

List of Subjects in 40 CFR Part 186

    Environmental protection, Animal feeds, Pesticides and pests.

    Dated: May 26, 1996.
James Tompkins,
Acting Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I 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 180.441, by revising paragraph (a) to read as follows:


Sec. 180.441   Quizalofop ethyl; tolerances for residues.

    (a) Tolerances are established for the combined residues of the 
herbicide quizalofop 2-[4-(6-chloroquinoxalin-2-yl)oxy)phenoxy)propanic 
acid], and quizalofop ethyl (ethyl 2-(4-((6-chloroquinoxalin-2-
yl)oxy)phenoxy)propanoate, all expressed as quizalofop ethyl, in or on 
the raw agricultural commodities:

                                                                        
------------------------------------------------------------------------
                Commodities                       Part per million      
------------------------------------------------------------------------
soybeans..................................  0.05                        
 canola, seed.............................  1.0                         
------------------------------------------------------------------------

    *    *    *    *    *

PART 186--[AMENDED]

    2. In part 186:
    a. The authority citation for part 186 continues to read as 
follows:

    Authority: 21 U.S.C. 342, 348, and 701.


[[Page 30207]]


    b. In 186.5250, by adding paragraph (c) to read as follows:


Sec. 186.5250   Quizalofop ethyl.

    *    *    *    *    *
    (c) A maximum residue level regulation is established permitting 
residues of quizalofop (2-(4-(6-chloroquinoxalin-2-yl)oxy)phenoxy) 
propanoic acid) and quizalofop ethyl (ethyl 2-[4-(6-chloroquinoxalin-2-
yl)oxy)phenoxy)-12-propanoate, in or on the following feed resulting 
from application of the herbicide to canola.

                                                                        
------------------------------------------------------------------------
                   Feed                           Parts per million     
------------------------------------------------------------------------
canola, meal..............................  1.5                         
------------------------------------------------------------------------

This regulation reflects the maximum level of residues in canola meal 
consistent with the use of quizalofop ethyl on canola in conformity 
with 180.441 of this chapter and with the use of good manufacturing 
practices.

[FR Doc. 96-15200 Filed 6-13-96; 8:45 am]
BILLING CODE 6560-50-F