[Federal Register Volume 66, Number 71 (Thursday, April 12, 2001)]
[Notices]
[Pages 18931-18935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9060]


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ENVIRONMENTAL PROTECTION AGENCY

[PF-1014; FRL-6776-9]


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 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-1014, must be 
received on or before May 14, 2001.

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-1014 in the subject line on the first page of your 
response.

[[Page 18932]]


FOR FURTHER INFORMATION CONTACT: By mail: Joanne Miller, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 305-6224; 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'' 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-1014. 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-1014 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-1014. 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 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

[[Page 18933]]

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: April 3, 2001.
  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 
petitioner. 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.

FMC Corporation

PP 7F4795

    EPA has received a pesticide petition (PP 7F4795) from FMC 
Corporation, Agricultural Products Group, 1735 Market Street, 
Philadelphia, PA 19103 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 carfentrazone-ethyl (ethyl--2-
dichloro-5[-4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]-4-fluorobenzene-propanoate) and the metabolite 
carfentrazone-ethyl chloropropionic acid (, 2-dichloro-5[-4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-
fluorobenzenepropanoic acid) in or on the raw agricultural commodity 
(RAC) cotton at 3.5 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 support granting of the petition. Additional data may be 
needed before EPA rules on the petition.

A. Residue Chemistry

    1. Plant metabolism. The metabolism of carfentrazone-ethyl in 
plants is adequately understood. Corn, wheat, and soybean metabolism 
studies with carfentrazone-ethyl have shown uptake of material into 
plant tissue with no significant movement into grain or seeds. All 
three plants extensively metabolized carfentrazone-ethyl and exhibited 
a similar metabolic pathway. The residues of concern are the combined 
residues of carfentrazone-ethyl and carfentrazone-ethyl- 
chloropropionic acid.
    2. Analytical method. There is a practical analytical method for 
detecting and measuring levels of carfentrazone and its metabolites in 
or on food with a limit of quantitation (LOQ) that allows monitoring of 
food with residues at or above the levels set in the tolerances. The 
analytical method for carfentrazone-ethyl involves separate analyses 
for parent and its metabolites. The parent is analyzed by gas 
chromatography/electron capture detector (GC/ECD). The metabolites are 
derivatized with boron trifluoride and acetic anhydride for analysis by 
gas chromatography/mass spectrometry detector (GC/MSD) using selective 
ion monitoring.
    3. Magnitude of residues. Carfentrazone-ethyl 40 DF or 2EC was 
applied (early soil and late foliar applications) to 13 cotton trials 
in the appropriate EPA regions. The RACs were harvested at the 
appropriate growth stages and subsequent analyses determined that the 
residues of carfentrazone-ethyl and its metabolites would not exceed 
the proposed tolerances of 3.5 ppm in or on cotton gin byproduct and 
0.2 ppm in or on cottonseed (undelinted).

B. Toxicological Profile

    1. Acute toxicity. Carfentrazone-ethyl demonstrates low oral, 
dermal and inhalation toxicity. The acute oral LD50 value in 
the rat was greater than 5,000 milligrams/kilograms (mg/kg), the acute 
dermal LD50 value in the rat was greater than 4,000 mg/kg 
and the acute inhalation LC50 value in the rat was greater 
than 5.09 milligrams/Liter (mg/L)/4h. Carfentrazone-ethyl is non-
irritating to rabbit skin and minimally irritating to rabbit eyes. It 
did not cause skin sensitization in guinea pigs. An acute neurotoxicity 
study in the rat had a systemic no observed adverse effect level 
(NOAEL) of 500 mg/kg based on clinical signs and decreased motor 
activity levels; the NOAEL for neurotoxicity was greater than 2,000 mg/
kg highest dose tested (HDT) based on the lack of neurotoxic clinical 
signs or effects on neuropathology.
    2. Genotoxicty. Carfentrazone-ethyl did not cause mutations in the 
Ames assay with or without metabolic activation. There was a positive 
response in the chromosome aberration assay without activation but a 
negative response with activation. The mouse micronucleus assay (an in 
vivo test which also measures chromosome damage), the chinese hampster 
ovary/hypoxanthine guanine phophoribosyl transferase (CHO/HGPRT) 
forward mutation assay and the unscheduled DNA synthesis (UDS) assay 
were negative. The overwhelming weight of the evidence supports the 
conclusion that carfentrazone-ethyl is not genotoxic.
    3. Reproductive and developmental toxicity. Carfentrazone-ethyl is 
not considered to be a reproductive or a developmental toxin. In the 2-
generation reproduction study, the NOAEL for reproductive toxicity was 
greater than 4,000 ppm; (greater than 323, greater than 409 mg/kg/day). 
In the developmental toxicity studies, the rat and rabbit maternal 
NOAELs were 100 mg/kg/day and 150 mg/kg/day, respectively. The 
developmental NOAEL for the rabbit was greater than 300 mg/kg/day, 
which was the HDT and for the rat the NOAEL was 600 mg/kg/day based on 
increased litter incidences of thickened and wavy ribs at 1,250 mg/kg/
day. These two findings (thickened and wavy ribs) are not considered 
adverse effects of treatment but related delays in rib development 
which are generally believed to be reversible.
    4. Subchronic toxicity. Ninety-day feeding studies were conducted 
in mice, rats and dogs with carfentrazone-ethyl. The NOAEL for the 
mouse study was 4,000 ppm (571 mg/kg/day), the rat study was 1,000 ppm 
(57.9 mg/kg/day for males; 72.4 mg/kg/day for females) and for dogs was 
150 mg/kg/day. A 90-day subchronic neurotoxicity study in the rat had a 
systemic NOAEL of 1,000 ppm (59.0 mg/kg/day for males; 70.7 mg/kg/day 
for females) based on decreases in body weights (bwt), body weight 
gains and food consumption at 10,000 ppm; the neurotoxicity NOAEL was 
greater than 20,000 ppm (1,178.3 mg/kg/day for males; 1,433.5 mg/kg/day 
for females) which was the highest dose tested.
    5. Chronic toxicity. Carfentrazone-ethyl is not carcinogenic to 
rats or mice. A 2-year combined chronic toxicity/oncogenicity study in 
the rat was negative for carcinogenicity and had a chronic toxicity 
NOAEL of 200 ppm (9 mg/kg/day) for males and 50 ppm (3 mg/kg/day) for 
females based on red fluorescent granules consistent with porphyrin 
deposits in the liver at the 500 and 200 ppm levels, respectively. An 
18-month oncogenicity study in the mouse had a carcinogenic NOAEL that

[[Page 18934]]

was greater than 7,000 ppm (>1,090 mg/kg/day for males; >1,296 mg/kg/
day for females) based on, no evidence of carcinogenicity at the 
highest dose tested. A 1-year oral toxicity study in the dog had a 
NOAEL of 50 mg/kg/day based on isolated increases in urine porphyrins 
in the 150 mg/kg/day group (this finding was not considered adverse). 
Using the guidelines for carcinogen risk assessment, carfentrazone-
ethyl should be classified as Group ``E'' for carcinogenicity--no 
evidence of carcinogenicity--based on the results of carcinogenicity 
studies in two species. There was no evidence of carcinogenicity in an 
18-month feeding study in mice and a 2-year feeding study in rats at 
the dosage levels tested. The doses tested are adequate for identifying 
a cancer risk. Thus, a cancer risk assessment is not necessary.
    6. Animal metabolism. The metabolism of carfentrazone-ethyl in 
animals is adequately understood. Carfentrazone-ethyl was extensively 
metabolized and readily eliminated following oral administration to 
rats, goats, and poultry via excreta. All three animals exhibited a 
similar metabolic pathway. As in plants, the parent chemical was 
metabolized by hydrolytic mechanisms to predominantly form 
carfentrazone-ethyl-chloropropionic acid, which was readily excreted.
    7. Endocrine disruption. An evaluation of the potential effects on 
the endocrine systems of mammals has not been determined; however, no 
evidence of such effects was reported in the chronic or reproductive 
toxicology studies described above. There was no observed pathology of 
the endocrine organs in these studies. There is no evidence at this 
time that carfentrazone-ethyl causes endocrine effect.

C. Aggregate Exposure

    1. Dietary exposure--i. Acute dietary. Based on the available 
toxicity data, EPA has established an acute reference dose (RfD) for 
carfentrazone-ethyl of 5 mg/kg/day. The RfD for carfentrazone-ethyl is 
based on acute neurotoxicity study in rats with a threshold NOAEL of 
500 mg/kg/day and an uncertainty factor (UF) of 100.
    ii. Chronic dietary. Based on the available toxicity data, EPA has 
established a RfD for carfentrazone-ethyl of 0.03 mg/kg/day. The RfD 
for carfentrazone-ethyl is based on a 2-year chronic toxicity/
carcinogenicity study in rats with a threshold NOAEL of 3 mg/kg/day and 
an UF of 100. For purposes of assessing the potential chronic dietary 
exposure, a Tier 1 dietary risk assessment was conducted based on the 
theoretical maximum residue contribution (TMRC) from the established 
and proposed tolerances for carfentrazone-ethyl. The tolerances are as 
follows:
     0.1 ppm in or on grain.
     0.3 ppm in or on hay.
     0.2 ppm in or on straw.
     1.0 ppm in or on cereal grain forage (except corn and 
sorghum).
     0.1 ppm in or on sorghum and corn (sweet and field) 
forage.
     0.15 ppm in or on stover.
     0.1 ppm in or on sweet corn, K + CWHR (kernels plus cob 
with husk removed), in or on the RAC soybeans.
     At 0.1 ppm in or on soybean seed, in or on the RAC cotton.
     At 3.5 ppm in or on cotton gin byproducts.
     0.2 ppm in or on cottonseed (undelinted).
    The TMRC is a ``worse case'' estimate of dietary exposure since it 
is assumed that 100% of all crops for which tolerances are established 
are treated and that pesticide residues are present at the tolerance 
levels. In conducting this exposure assessment, the following very 
conservative assumptions were made--100% of soybeans, cotton, and 
cereal grains will contain carfentrazone-ethyl residues and those 
residues would be at the level of the tolerance which result in an 
overestimate of human exposure.
    i. Food. Dietary exposure from the proposed uses would account for 
0.1% or less of the RfD in subpopulations (including infants and 
children). Dietary exposure from the proposed uses would account for 
3.2% or less of the RfD in subpopulations (including infants and 
children).
    ii. Drinking water. Studies have indicated that carfentrazone-ethyl 
will not move into ground water, therefore water has not been included 
in the dietary risk assessment.
    2. Non-dietary exposure. No specific worker exposure tests have 
been conducted with carfentrazone-ethyl. The potential for non-
occupational exposure to the general population has not been fully 
assessed. No specific worker exposure tests have been conducted with 
carfentrazone-ethyl.

D. Cumulative Effects

    EPA is also required to consider the potential for cumulative 
effects of carfentrazone-ethyl and other substances that have a common 
mechanism of toxicity. EPA consideration of a common mechanism of 
toxicity is not appropriate at this time since EPA does not have 
information to indicate that toxic effects produced by carfentrazone-
ethyl would be cumulative with those of any other chemical compounds; 
thus only the potential risks of carfentrazone-ethyl are considered in 
this exposure assessment.

E. Safety Determination

    1. U.S. population. Using the conservative exposure assumptions 
described and based on the completeness and reliability of the toxicity 
data, the aggregate exposure to carfentrazone-ethyl will utilize 0.06% 
of the RfD and 1.4% of the RfD for the United States population. EPA 
generally has no concern for exposures below 100% of the RfD. 
Therefore, based on the completeness and reliability of the toxicity 
data and the conservative exposure assessment, there is a reasonable 
certainty that no harm will result from aggregate exposure to residues 
of carfentrazone-ethyl, including all anticipated dietary exposure and 
all other non-occupational exposures.
    2. Infants and children. In assessing the potential for additional 
sensitivity of infants and children to residues of carfentrazone-ethyl, 
EPA considers data from developmental toxicity studies in the rat and 
rabbit and the 2-generation reproduction study in the rat. The 
developmental toxicity studies are designed to evaluate adverse effects 
on the developing organism resulting from pesticide exposure during 
prenatal development. Reproduction studies provide information relating 
to effects on the reproductive capacity of males and females exposed to 
the pesticide. Developmental toxicity was not observed in developmental 
toxicity studies using rats and rabbits. In these studies, the rat and 
rabbit maternal NOAELs were 100 mg/kg/day and 150 mg/kg/day, 
respectively. The developmental NOAEL for the rabbit was greater than 
300 mg/kg/day, which was the HDT and for the rat was 600 mg/kg/day 
based on increased litter incidences of thickened and wavy ribs. These 
two findings are not considered adverse effects of treatment but 
related delays in rib development, which are generally believed to be 
reversible.
    In a 2-generation reproduction study in rats, no reproductive 
toxicity was observed under the conditions of the study at 4,000 ppm, 
which was the HDT.
    FFDCA section 408 provides that EPA may apply an additional safety 
factor for infants and children in the case of threshold effects to 
account for prenatal and postnatal toxicity and the completeness of the 
data base. Based on the current toxicological data requirements, the 
data base relative to prenatal and postnatal effects for children is 
complete and an additional

[[Page 18935]]

UF is not warranted. Therefore at this time, the RfD of 0.03 mg/kg/day 
is appropriate for assessing aggregate risk to infants and children.
    Reference dose. Using the conservative exposure assumptions 
described above, the percent of the RfD that will be utilized by 
aggregate exposure to residues of carfentrazone-ethyl for non-nursing 
infants (<1 year old) would be 0.08% RfD and 3.0% RfD; for children 1 
to 6 years of age would be 0.08% RfD and 3.2% RfD, (the most highly 
exposed group). Based on the completeness and reliability of the 
toxicity data and the conservative exposure assessment, there is a 
reasonable certainty that no harm will result to infants and children 
from aggregate exposure to the residues of carfentrazone-ethyl 
including all anticipated dietary exposure.

F. International Tolerances

    There are no Codex Alimentarius Commission (Codex) maximum residue 
levels (MRLs) for carfentrazone-ethyl on any crops at this time. 
However, MRLs for small grains in Europe have been proposed which 
consist of carfentrazone-ethyl and carfentrazone-ethyl-chloropropionic 
acid.
[FR Doc. 01-9060 Filed 4-11-01; 8:45 am]
BILLING CODE 6560-50-S