[Federal Register Volume 65, Number 178 (Wednesday, September 13, 2000)]
[Notices]
[Pages 55236-55240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23245]


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ENVIRONMENTAL PROTECTION AGENCY

[PF-971; FRL-6742-3]


Notice of Filing a Pesticide Petition To Establish a Tolerance 
for a Certain Pesticide Chemical 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

[[Page 55237]]

proposing the establishment of regulations for residues of a certain 
pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket control number PF-971, must be 
received on or before October 13, 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-971 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Ann Sibold, Registration 
Support Branch, Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-6502; 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 codes         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,'' ``Regulations and Proposed Rules,'' 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-971. 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-971 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, 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 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-971. 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.

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    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 a 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 support 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: August 25, 2000.

Peter Caulkins,

Acting 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.

BASF Agro Research

PP 6F4716

    EPA has received a pesticide petition (PP 6F4716) from BASF Agro 
Research, P.O. Box 400, Princeton, NJ 08543-0400 proposing, pursuant to 
section 408(d) of the FFDCA, 21 U.S.C. 346a(d), to amend 40 CFR part 
180 by establishing a tolerance for residues of 4-bromo-2-(4-
chlorophenyl)-1-(ethoxymethyl)-5-(trifluoromethyl)-1-pyrrole-3-
carbonitrile (chlorfenapyr) in or on the raw agricultural commodity 
(RAC) (fruiting vegetables grown under greenhouse conditions) at (1.5 
parts per million (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. The nature of the residues of chlorfenapyr in 
plants (tomato, citrus, potato, and head lettuce) is adequately 
understood and the residue of concern consists of the parent molecule.
    2. Analytical method. The gas chromatography (GC) analytical 
method, M 2427, which is proposed as the enforcement method for the 
residue of chlorfenapyr in tomato and pepper, has a limit of 
quantitation (LOQ) of 0.05 ppm.
    3. Magnitude of residues. Tomato and pepper field trials have been 
conducted. The residue data were collected from studies having multiple 
applications (5) of chlorfenapyr with a maximum seasonal rate of up to 
0.60 - 1.0 lb active ingredient/Acre to tomato and pepper. The 
resulting chlorfenapyr residues in the raw agricultural commodity 
ranged from <0.05 ppm (the LOQ of the method) to 1.2 ppm.

B. Toxicological Profile

    1. Acute toxicity. Based on the EPA's toxicity category criteria, 
the acute toxicity category for chlorfenapyr technical is category II 
or moderately toxic (signal word WARNING) and the acute toxicity 
category for the 2SC formulation is category III or slightly toxic 
(signal word CAUTION). Males appear to be more sensitive to the effects 
of chlorfenapyr than females. The acute toxicity profile indicates that 
absorption by the oral route appears to be greater than by the dermal 
route. The following are the results from the acute toxicity tests 
conducted on the technical material.
    i. Rat oral. LD50 of 441/1152 milligrams/kilogram body 
weight (mg/kg bwt) modifying factor (MF) toxicology category II.
    ii. Rabbit dermal. LD50: >2,000 mg/kg bwt MF toxicology 
category III.
    iii. Acute inhalation. LC50: 0.83/>2.7 mg/L MF 
toxicology category III.
    iv. Eye irritation. Moderately irritating toxicology category III.
    v. Dermal irritation. Non-irritating toxicology category IV.
    vi. Dermal sensitization. Non-sensitizer non-sensitizer.
    vii. Acute neurotoxicity. No observed adverse effect level (NOAEL) 
45 mg/kg bwt.-- Not an acute neurotoxicant.
    2. Genotoxicty. Chlorfenapyr technical (94.5%) was examined in a 
battery of in vitro and in vivo tests to assess its genotoxicity and 
its potential for carcinogenicity. These tests are summarized below.
    i. Microbial/microsome mutagenicity assay. Non-mutagenic.
    ii. Mammalian cell chinese hampster ovary/hypoxanthine guanine 
phophoribosyl transferase (CHO/HGPRT) mutagenicity assay. Non-
mutagenic.
    iii. In vivo micronucleus assay. Non-genotoxic.
    iv. In vitro chromosome aberration assay in CHO. Non-clastogenic.
    v. In vitro aberration assay in CHLC. Non-clastogenic.
    vi. Unscheduled DNA synthesis (UDS) assay. Non-genotoxic.
    3. Reproductive and developmental toxicity. Chlorfenapyr is neither 
a reproductive nor developmental toxicant and is not a teratogenic 
agent in the Sprague Dawley rat or the New Zealand white rabbit. This 
is demonstrated by the results of the following studies:
    i. Rat oral teratology. NOAEL for maternal toxicity 25 mg/kg bwt/
day and NOAEL for fetal/developmental toxicity at 225 mg/kg bwt/day.
    ii. Rabbit oral teratology. NOAEL for maternal 5 mg/kg bwt/day and 
NOAEL for fetal/developmental toxicity 30 mg/kg bwt/day
    iii. Rat 2-generation reproduction. NOAEL for parental toxicity/
growth and offspring development 60 ppm (5 mg/kg bwt/day) and NOAEL for 
reproductive performance 600 ppm (44 mg/kg bwt/day).
    4. Subchronic toxicity. The following are the results of the 
subchronic toxicity test that have been conducted with chlorfenapyr.
    i. 28-day rabbit dermal. NOAEL 100 mg/kg bwt/day
    ii. 28-day rat feeding. NOAEL >600 ppm (<71.6 mg/kg bwt/day).
    iii. 28-day mouse feeding. NOAEL >160 ppm (<32 mg/kg bwt/day).
    iv. 13-week rat dietary. NOAEL 150 ppm (11.7 mg/kg bwt/day).
    v. 13-week mouse dietary. NOAEL 40 ppm (8.2 mg/kg bwt/day).
    vi. 13-week dog dietary. NOAEL 120 ppm (4.2 mg/kg bwt/day).
    5. Chronic toxicity. Chlorfenapyr is not oncogenic in either 
Sprague Dawley

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rats or CD-1 mice and is not likely to be carcinogenic in humans. The 
following are the results of the chronic toxicity tests that have been 
conducted with chlorfenapyr:
    i. 1-year neurotoxicity in rats. NOAEL 60 ppm (2.6/3.4 mg/kg bwt/
day MF).
    ii. 1-year dog dietary. NOAEL 120 ppm (4.0/4.5 mg/kg bwt/day MF).
    iii. 24-month rat dietary. NOAEL for chronic effects 60 ppm (2.9/
3.6 mg/kg bwt/day MF, and NOAEL for oncogenic effects 600 ppm (31/37 
mg/kg bwt/day).
    iv. MF 18-month mouse dietary. NOAEL for chronic effects 20 ppm 
(2.8/3.7 mg/kg bwt/day MF, and NOAEL for oncogenic effects 240 ppm 
(34.5/44.5 mg/kg bwt/day MF).
    6. Animal metabolism. A metabolism study was conducted in Sprague 
Dawley rats at approximately 20 and 200 mg/kg bwt using radio labeled 
chlorfenapyr. Approximately 65% of the administered dose was eliminated 
during the first 24 hours (62% in feces and 3% in urine) and by 48 
hours following dosing, approximately 85% of the dose had been excreted 
(80% in feces and 5% in urine.) The absorbed chlorfenapyr-related 
residues were distributed throughout the body and detected in tissues 
and organs of all treatment groups. The principal route of elimination 
was via feces, mainly as unchanged parent plus minor N-dealkylated, 
debrominated, and hydroxylated oxidation products. The metabolic 
pathway of chlorfenapyr in the laying hen and the lactating goat was 
also similar to that in laboratory rats.
    7. Metabolite toxicology. The parent molecule is the only moiety of 
toxicological significance which needs regulation in plant and animal 
commodities.
    8. Endocrine disruption. Collective organ weights and 
histopathological findings from the 2-generation rat reproduction 
study, as well as from the subchronic and chronic toxicity studies in 
two or more animal species, demonstrate no apparent estrogenic effects 
or effects on the endocrine system. There is no information available 
which suggests that chlorfenapyr would be associated with endocrine 
effects.

C. Aggregate Exposure

    1. Dietary exposure. There is a reasonable certainty that no harm 
will result from dietary exposure to chlorfenapyr, because dietary 
exposure to residues on food will use only a fraction of the reference 
dose (RfD) (including exposure of sensitive subpopulations), and 
exposure through drinking water is expected to be insignificant.
    i. Food. For purposes of assessing the potential dietary exposure, 
a theoretical maximum residue contribution (TMRC) has been calculated 
from the tolerance of chlorfenapyr in/on fruiting vegetables at 1.5 
ppm. This exposure assessment is based on very conservative 
assumptions, namely 100% of all fruiting vegetables are treated with 
chlorfenapyr and that the residues of chlorfenapyr in fruiting 
vegetables are at the tolerance level. Although there are no other 
established U.S. permanent tolerances for chlorfenapyr, a petition for 
a permanent tolerance at 0.5 ppm for imported citrus is pending at the 
Agency. Therefore, the dietary exposures to residues of chlorfenapyr in 
or on food will be limited to residues in fruiting vegetables, imported 
citrus and food and feed items derived from them. The contribution of 
the fruiting vegetables tolerance alone to the daily consumption uses 
only <1.0% of the RfD for the overall U.S. population and non-nursing 
infants (<1-year old) and <5% for children (1 to 6 years old).
    ii. Drinking water. There is no available information about 
chlorfenapyr exposures via levels in drinking water. There is no 
concern for exposure to residues of chlorfenapyr in drinking water 
because of its extremely low water solubility (120 parts per billion 
(ppb) at 25  deg.C). Chlorfenapyr is also immobile in soil and does not 
leach because it is strongly adsorbed to all common soil types. In 
addition, the label explicitly prohibits applications near aquatic 
areas.
    2. Non-dietary exposure. There is no available information 
quantifying non-dietary exposure to chlorfenapyr. However, based on the 
physical and chemical characteristics of the compound, the proposed use 
pattern and available information concerning its environmental fate, 
non-dietary exposure is expected to be negligible. The vapor pressure 
of chlorfenapyr is less than 1 x 10\-7\ mm of mercury (Hg); therefore, 
the potential for non-occupational exposure by inhalation is 
insignificant. Chlorfenapyr is currently not registered for use in 
residential indoor or outdoor uses.

D. Cumulative Effects

    The pyrrole insecticides represent a new class of chemistry with a 
unique mechanism of action. The parent molecule, AC 303,630 is a pro-
insecticide which is converted to the active form, CL 303,268, via 
rapid metabolism by mixed function oxidases (MFOs). The active form 
uncouples oxidative phosphorylation in the insect mitochondria by 
disrupting the proton gradient across the mitochondrial membrane. The 
production of adenosine triphosphate (ATP) is inhibited resulting in 
the cessation of all cellular functions. Because of this unique 
mechanism of action, it is highly unlikely that toxic effects produced 
by chlorfenapyr would be cumulative with those of any other pesticide 
chemical.
    In mammals, there is a lower titer of MFOs, and chlorfenapyr is 
metabolized by different pathways (including dehalogenation, oxidation 
and ring hydroxylation) to other polar metabolites without any 
significant accumulation of the potent uncoupler, CL 303,268. In the 
rat, approximately 85% of the administered dose is excreted in the 
feces within 48 hours, thereby reducing the levels of AC 303,630 and CL 
303,268 that are capable of reaching the mitochondria. This 
differential metabolism of AC 303,630 to CL 303,268 in insects versus 
to other polar metabolites in mammals is responsible for the selective 
insect toxicity of the pyrroles.

E. Safety Determination

    1. U.S. population. The RfD of 0.03 mg/kg bwt/day for the residues 
of chlorfenapyr in fruiting vegetables is calculated by applying a 100-
fold safety factor to the overall NOAEL of 3 mg/kg bwt/day. This NOAEL 
is based on the results of the chronic feeding studies in the rat and 
mouse and the 2-generation reproduction study in the rat (see Item 2). 
Assuming a 10-fold safety factor, pending a developmental neurotoxicity 
study, the contribution of the fruiting vegetables tolerance alone to 
the daily consumption uses <5.0% of the reference dose (RfD) for the 
overall U.S. population and non-nursing infants (<1-year old), and 
children (1 to 6 years old).
    2. Infants and children. The contribution of the fruiting 
vegetables tolerance alone to the daily consumption uses only <1.0% of 
the reference dose RfD for the overall U.S. population and non-nursing 
infants (<1-year old) and <5% for children (1 to 6 years old).

F. International Tolerances

    Section 408 (b)(4) of the amended FFDCA requires EPA to determine 
whether a maximum residue level has been established for the pesticide 
chemical by the Codex Alimentarius Commission.
    There is neither a Codex proposal, nor Canadian or Mexican 
tolerances/limits for residues of chlorfenapyr in/on fruiting 
vegetables. Therefore, a

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compatibility issue is not relevant to the proposed tolerance.
[FR Doc. 00-23245 Filed 9-12-00; 8:45 am]
BILLING CODE 6560-50-S