[Federal Register Volume 65, Number 38 (Friday, February 25, 2000)]
[Notices]
[Pages 10078-10081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4421]


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ENVIRONMENTAL PROTECTION AGENCY

[PF-920; FRL-6494-2]


Notice of Filing a Pesticide Petition to Establish a Tolerance 
for Certain Pesticide Chemicals in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide 
petition proposing the establishment of regulations for residues of 
certain pesticide chemicals in or on various food commodities.

DATES: Comments, identified by docket control number PF-920, must be 
received on or before March 27, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number PF-920 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT:  By mail: Mary L. Waller, Fungicide 
Branch, Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (703) 308-9354; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                                          Examples of
           Categories                    NAICS            potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production.
                                  112                 Animal production.
                                  311                 Food
                                                       manufacturing.
                                  32532               Pesticide
                                                       manufacturing.
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number PF-920. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as confidential business information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number PF-920 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.
    3.Electronically. You may submit your comments electronically by e-
mail to: ``[email protected],'' or you can submit a computer disk as 
described

[[Page 10079]]

above. Do not submit any information electronically that you consider 
to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in Wordperfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number PF-920. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. What Action is the Agency Taking?

    EPA has received a pesticide petition as follows proposing the 
establishment and/or amendment of regulations for residues of certain 
pesticide chemical in or on various food commodities under section 408 
of the Federal Food, Drug, and Comestic Act (FFDCA), 21 U.S.C. 346a. 
EPA has determined that this petition contains 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 granting of the petition. Additional data 
may be needed before EPA rules on the petition.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: February 17, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

Summary of Petition

    The petitioner summary of the pesticide petition is printed below 
as required by section 408(d)(3) of the FFDCA. The summary of the 
petition was prepared by the petitioner and represents the view of the 
petitioners. EPA is publishing the petition summary verbatim without 
editing it in any way. 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.

Tomen Agro, Inc. and Bayer Corporation, Agriculture Division

7F4890

    EPA has received an amendment to pesticide petition (7F4890) from 
the TM-402 Fungicide Task Force comprised of Tomen Agro, Inc., 100 
First Street, Suite 1610, San Francisco, CA 94105 and Bayer 
Corporation, Agriculture Division, 8400 Hawthorn Road, P.O. Box 4913, 
Kansas City, MO 64120-0013 proposing, pursuant to section 408(d) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to 
amend 40 CFR part 180 by establishing a tolerances for residues of N-
(2,3-dichloro-4-hydroxyphenyl)-1-methyl-cyclohexanecarboxamide (TM-402 
or fenhexamid) in or on the raw agricultural commodities almond nutmeat 
at 0.02 parts per million (ppm), almond hulls at 2.0 ppm, and stone 
fruit at 5.0 ppm. EPA has determined that the petition contains data or 
information regarding the elements set forth in section 408(d)(2) of 
the FFDCA; however, EPA has not fully evaluated the sufficiency of the 
submitted data at this time or whether the data supports granting of 
the petition. Additional data may be needed before EPA rules on the 
petition.

A. Residue Chemistry

    1. Plant metabolism. A lactating goat was dosed at 10 milligrams 
(mg) 14C-TM-402 per killograms/bodyweight (kg/bwt) on 3 
consecutive days at 24-hour intervals. TM-402 was rapidly and almost 
completely absorbed and was rapidly distributed and eliminated (24.9% 
in urine, 38.6% in feces, and 0.03% in milk). The half-life of biliary-
fecal elimination (primary pathway) was 0.5 hours. The primary residues 
in tissues were unreacted TM-402, its glucuronide derivative and the 4-
hydroxy derivative. Since almond and stone fruit commodities are not 
significant poultry feeds, discussion of nature-of-the residue in the 
hen is not required. The nature-of-the-residue in crops was determined 
to be primarily unreacted TM-402 in apples, grapes, and tomatoes.
    2. Analytical method. An adequate method for purposes of 
enforcement of the proposed TM-402 tolerances in plant commodities is 
available. Bayer AG Analytical Method No. 00362 was used by Tomen Agro 
to determine magnitude of TM-402 residues in almond nutmeat, almond 
hulls, cherries, peaches, and plums. This method has been independently 
validated for grapes. The limit of quantitation (LOQ) was determined to 
be 0.02 ppm in almond nutmeat.
    3. Magnitude of residues. The maximum TM-402 residues in almond 
nutmeat permitted by the proposed label is 0.02 ppm. TM-402 residue in 
all almond nutmeat samples resulting from treatment of growing almonds 
was  0.02 ppm ( the level of detection (LOD). The maximum TM-402 
residue in almond hulls permitted by the proposed label is 2.0 ppm. The 
average TM-402 residues for almond hulls resulting from the treatment 
of growing almonds permitted by the proposed label are 0.7 ppm. The 
maximum TM-402 residue for fresh stone fruit permitted by the proposed 
label is 5.0 ppm. The average TM-402 residue resulting from the 
proposed treatment of growing stone fruit was 1.9 ppm in cherries, 1.3 
ppm in peaches, and 0.10 ppm in plums. Calculated TM-402 residues in 
meat and milk are

[[Page 10080]]

significantly below  0.01 ppm. Since no aquatic uses are proposed, 
magnitude of the residue data in fish and irrigated crops are not 
required.

B. Toxicological Profile

    1. Acute toxicity. Data from a complete battery of acute toxicity 
studies for TM-402 technical are available. The acute oral toxicity 
study resulted in an LD50 of > 5,000 mg/kg for both sexes. 
The acute dermal toxicity in rats resulted in an LD50 of 
greater than 5,000 mg/kg for both sexes. The acute inhalation was 
investigated in two studies in rats. Inhalation by aerosol at the 
maximum technically possible concentration of 0.322 milligram/liter 
(mg/L) resulted in no deaths or symptoms (LC50 > 0.322 mg/
L). A dust inhalation study resulted in an LC50 > 5.057 mg/
L. TM-402 was not irritating to the skin or eyes after a 4-hour 
exposure period. The Buehler dermal sensitization study in guinea pigs 
indicated that TM-402 is not a sensitizer. Based on these results TM-
402 technical is placed in toxicity Category IV and does not pose any 
acute dietary risks.
    2. Genotoxicty. The potential for genetic toxicity of TM-402 was 
evaluated in six assays including two Ames tests, an HGPRT forward 
mutation assay, a unscheduled DNA synthesis (UDS) assay, an in vitro 
chromosomal aberration assay in chinese hamster ovary (CHO) cells, and 
a micronucleus test in mice. The compound was found to be devoid of any 
mutagenic activity in each of these assays including those tests that 
investigated the absence or presence of metabolic activating systems. 
The weight of evidence indicates that TM-402 technical does not pose a 
risk of mutagenicity or genotoxicity.
    3. Reproductive and developmental toxicity. TM-402 has been tested 
for reproductive toxicity in rats and developmental toxicity in both 
rats and rabbits.
    i. In a 2-generation reproduction study (one mating per 
generation), 30 Sprague-Dawley rats per sex per dose were administered 
0, 100, 500, 5,000, or 20,000 ppm of TM-402 in the diet. The 
reproductive toxicity no observed adverse effect level (NOAEL) was 
20,000 ppm. The neonatal NOAEL was 500 ppm, and the lowest observed 
adverse effect level (LOAEL) was 5,000 ppm based on decreased pup body 
weight. The parental toxicity NOAEL was 500 ppm based on lower adult 
pre-mating body weights at 5,000 and 20,000 ppm, lower gestation body 
weights at 20,000 ppm, lower lactation body weights at 5,000 and 20,000 
ppm, and statistically significant changes in clinical chemistry 
parameters, terminal body weights, and organ weights at 5,000 and 
20,000 ppm. Based on this study, it is clear that the only toxic 
effects in the neonates occurred at parentally toxic doses.
    ii. In rats, TM-402 was administered by gavage at doses of 0 or 
1,000 mg/kg for gestation days 6-15. No maternal toxicity, 
embryotoxicity, fetotoxicity, or teratogenic effects were observed at 
the limit dose of 1,000 mg/kg/day. Therefore, the NOAEL for maternal 
and developmental toxicity was 1,000 mg/kg/day.
    iii. In rabbits, TM-402 was administered by gavage at doses of 0, 
100, 300, and 1,000 mg/kg for gestation days 6-18. Body weight gain and 
feed consumption of the dams were reduced at the two top doses. One 
abortion occurred in each of the top two dose groups and two total 
resorptions occurred in the top dose group. The placental weights were 
slightly decreased at 300 mg/kg/day and above. In the 1,000 mg/kg/day 
group, slightly decreased fetal weights and a slightly retarded 
skeletal ossification were observed. All other parameters investigated 
in the study were unaffected. Therefore, the NOAELs for maternal and 
developmental toxicity were 100 mg/kg/day in this study.
    Based on the 2-generation reproduction study in rats, TM-402 is not 
considered a reproductive toxicant and shows no evidence of endocrine 
effects. The data from the developmental toxicity studies on TM-402 
show no evidence of a potential for developmental effects 
(malformations or variations) at doses that are not maternally toxic. 
The NOAEL for both maternal and developmental toxicity in rats was 
1,000 mg/kg/day, and for rabbits the NOAEL for both maternal and 
developmental toxicity was 100 mg/kg/day.
    4. Subchronic toxicity. The subchronic toxicity of TM-402 has been 
evaluated in rats, mice, and dogs.
    i. TM-402 was administered in the diet to rats for 13 weeks at 
doses of 0, 2,500, 5,000, 10,000, and 20,000 ppm. The NOAEL was 5,000 
ppm (415 mg/kg/day in males and 549 mg/kg/day in females). Reversible 
liver effects were observed at 10,000 ppm.
    ii. TM-402 was administered in the diet to mice for approximately 
14 weeks at doses of 0, 100, 1,000, and 10,000 ppm. The NOAEL was 1,000 
ppm (266.6 mg/kg/day in males and 453.9 mg/kg/day in females). 
Increased feed and water consumption and kidney and liver effects were 
observed at 10,000 ppm.
    iii. TM-402 was administered in the diet to beagle dogs for 13 
weeks at doses of 0, 1,000, 7,000, and 50,000 ppm. The NOAEL was 1,000 
ppm (33.9 mg/kg/day in males and 37.0 mg/kg/day in females). Increased 
Heinz bodies were observed at 7,000 ppm.
    5. Chronic toxicity. The chronic toxicity of TM-402 has been 
evaluated in a 1-year dog study and a 2-year chronic toxicity/
oncogenicity study in rats.
    i. TM-402 was administered in the feed at doses of 0, 500, 3,500, 
or 25,000 ppm to 4 male and 4 female beagle dogs per group for 52 
weeks. A systemic NOAEL of 500 ppm (an average dose of 17.4 mg/kg/day 
over the course of the study) was observed based on decreased food 
consumption and decreased body weight gain at 25,000 ppm, decreased 
erythrocyte, hemoglobin and hematocrit values at 25,000 ppm, increased 
Heinz bodies at 3,500 ppm and above, and a dose-dependent increase of 
alkaline phosphatase at 3,500 ppm and above. There were no treatment 
related effects on either macroscopic or histologic pathology.
    ii. A combined chronic/oncogenicity study was performed in Wistar 
rats. Fifty animals/sex/dose were administered doses of 0, 500, 5,000, 
or 20,000 ppm for 24 months in the feed. A further 10 animals/sex/group 
received the same doses and were sacrificed after 52 weeks. The doses 
administered relative to body weight were 0, 28, 292, or 1,280 mg/kg/
day for males and 0, 40, 415, or 2,067 mg/kg/day for females. The NOAEL 
in the study was 500 ppm (28 mg/kg/day for males and 40 mg/kg/day for 
females) based on body weight decreases in females at 5,000 ppm and 
above, changes in biochemical liver parameters in the absence of 
morphological changes in both sexes at 5,000 ppm and above, and caecal 
mucosal hyperplasia evident at 5,000 ppm and above.
    The NOAEL in the chronic dog study was 17.4 mg/kg/day based on body 
weight, hematology and clinical chemistry effects. The lowest NOAEL in 
the 2-year rat study was determined to be 28 mg/kg/day based on body 
weight, clinical chemistry parameters in the liver, and caecal mucosal 
hyperplasia.
    6. Oncogenicity. The oncogenic potential of TM-402 has been in a 2-
year oncogenicity study in mice and a 2-year chronic toxicity/
oncogenicity study in rats.
    i. In mice, TM-402 was administered to 50 sex/group in their feed 
at concentrations of 0, 800, 2,400, or 7,000 ppm for 24 months. These 
concentrations resulted in a compound intake of 247.4, 807.4, or 
2,354.8 mg/kg/

[[Page 10081]]

day in males and 364.5, 1,054.5, and 3,178.2 mg/kg/day in females. A 
further 10 mice/sex/group received the same concentrations and were 
sacrificed after 12 months. There was no treatment effect on mortality, 
feed consumption, the hematological system or on the liver. Water 
consumption was increased in both sexes, and body weights were 8% lower 
in males at the highest dose of 7,000 ppm. At 7,000 ppm, elevated 
plasma creatinine concentrations, decreased kidney weights, and an 
increased occurrence of morphological lesions indicated a nephrotoxic 
effect of the compound. There was no shift in the tumor spectrum with 
treatment, and therefore, TM-402 was not oncogenic in this study.
    ii. In the 2-year rat chronic/oncogenicity study described above, 
there was no indication of an oncogenic response. There was no 
indication of an oncogenic response in the 2-year rat and mouse studies 
on TM-402.
    7. Neurotoxicity. The possibility for acute neurotoxicity of TM-402 
was investigated. TM-402 was administered by gavage in a single dose to 
12 Wistar rats/sex/group at doses of 0, 200, 630, 2,000 mg/kg. There 
was no evidence of neurotoxicity at any level tested.
    8. Endocrine disruption. TM-402 has no endocrine-modulation 
characteristics as demonstrated by the lack of endocrine effects in 
developmental, reproductive, subchronic, and chronic studies.

C. Aggregate Exposure

    1. Dietary exposure--i. Food. Dietary exposure to TM-402 are 
limited to the established tolerances for residues of TM-402 on grapes 
at 4.0 ppm, raisins at 6.0 ppm, and strawberries at 3.0 ppm, and the 
proposed tolerances in the current submission which are as follows: 
almond nutmeat 0.02 ppm; almond hulls 2.0 ppm, and stone fruit 5.0 ppm.
    ii. Drinking water. Review of the environmental fate data indicates 
the TM-402 is relatively immobile and rapidly degrades in the soil and 
water. TM-402 dissipates in the environment via several processes. 
Therefore, a significant contribution to aggregate risk from drinking 
water is unlikely.
    2. Non-dietary exposure. There is no significant potential for non-
occupational exposure to the general public. The proposed uses are 
limited to agricultural and horticultural use.

D. Cumulative Effects

    Consideration of a common mechanism of toxicity is not appropriate 
at this time since there is no significant toxicity observed for TM-
402. Even at toxicology limit doses, only minimal toxicity is observed 
for TM-402. Therefore, only the potential risks of TM-402 are 
considered in the exposure assessment.

E. Safety Determination

    1. U.S. population. Based on the most sensitive species, Tomen Agro 
has calculated an appropriate reference dose (RfD) for TM-402. Using 
the NOAEL of 17.4 mg/kg/day in the 1-year dog study and an uncertainty 
factor (UF) of 100 to account for interspecies and intraspecies 
variability, an RfD of 0.174 mg/kg/day is recommended.
    A chronic dietary risk assessment which included all tolerances was 
conducted on TM-402 using U.S. EPA's Dietary Risk Evaluation System 
(DRES). The theoretical maximum residue contribution (TMRC) for the 
U.S. population (48 contiguous States) is 0.0031 mg/kg/day and this 
represents 1.7% of the proposed RfD. The most highly exposed subgroup 
was non-nursing infants ( 1-year old) where the TMRC was 0.017 mg/kg/
day, representing only 9.6% of the proposed RfD. For nursing infants ( 
1-year old) the TMRC was 0.0088 mg/kg/day (5.0% of the RfD). For 
children (1-6 years old) the TMRC was 0.0078 mg/kg/day (4.4% of the 
RfD), and for children 7-12 years old the TMRC is 0.0040 mg/kg/day 
(2.3% of the RfD). If these calculations consider the average of 
anticipated residue values instead of assuming ``tolerance level'' 
residues, the values are reduced to approximately one-forth of those 
listed above. Even under the most conservative assumptions, the 
estimates of dietary exposure clearly demonstrate adequate safety 
margins of all segments of the population.
    2. Infants and children. In assessing the potential for additional 
sensitivity of infants and children to residues of TM-402, the 
available developmental toxicity and reproductive toxicity studies and 
the potential for endocrine modulation by TM-402 were considered. 
Developmental toxicity studies in two species indicate that TM-402 does 
not impose additional risks to developing fetuses and is not a 
teratogen. The 2-generation reproduction study in rats demonstrated 
that there were no adverse effects on reproductive performance, 
fertility, fecundity, pup survival, or pup development at non-
maternally toxic levels. Maternal and developmental NOAELs and LOAELs 
were comparable, indicating no increase in susceptibility of developing 
organisms. No evidence of endocrine effects was noted in any study. It 
is therefore, concluded that TM-402 poses no additional risk for 
infants and children and no additional uncertainty factor is warranted.

F. International Tolerances

    There are no established maximum residue levels established for 
fenhexamid by the Codex Alimentarius Commission.
[FR Doc. 00-4421 Filed 2-24-00; 8:45 am]
BILLING CODE 6560-50-F