[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32497-32501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13562]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0071; FRL-7295-7]


Quinoxyfen; 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 ID number OPP-2003-0071, must be 
received on or before June 30, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:

[[Page 32498]]

(703) 308-3194]; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
    [sbull] Crop production (NAICS 111)
    [sbull] Animal production (NAICS 112)
    [sbull] Food manufacturing (NAICS 311)
    [sbull] Pesticide manufacturing (NAICS 32532)
     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 this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2003-0071. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although, a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1921 Jefferson Davis Hwy., Arlington, VA. This 
docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The docket telephone number is (703) 
305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
     An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although, not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.
     Certain types of information will not be placed in the EPA 
dockets. Information claimed as CBI and other information whose 
disclosure is restricted by statute, which is not included in the 
official public docket, will not be available for public viewing in 
EPA's electronic public docket. EPA's policy is that copyrighted 
material will not be placed in EPA's electronic public docket but will 
be available only in printed, paper form in the official public docket. 
To the extent feasible, publicly available docket materials will be 
made available in EPA's electronic public docket. When a document is 
selected from the index list in EPA dockets, the system will identify 
whether the document is available for viewing in EPA's electronic 
public docket. Although, not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified in Unit I.B. 
EPA intends to work towards providing electronic access to all of the 
publicly available docket materials through EPA's electronic public 
docket.
     For public commenters, it is important to note that EPA's policy 
is that public comments, whether submitted electronically or on paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
     Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

     You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also, include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0071. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address or other contact 
information unless you provide it in the body of your comment.

[[Page 32499]]

    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID number OPP-2003-0071. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID number OPP-2003-0071.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID number OPP-2003-0071. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

     Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket, and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI, or the procedures for claiming CBI, please consult 
the person listed 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 
ID 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 Cosmetic Act (FFDCA), 21 U.S.C. 346a. 
EPA has determined that this petition contains data or information 
regarding the elements set forth in FFDCA 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: May 19, 2003.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

Summary of Petitions

    The petitioner summary of the pesticide petitions is printed below 
as required by FFDCA section 408(d)(3). The summary of the petition was 
prepared by the Interregional Research Project Number (IR-4), and 
represents the view of the petitioner. 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.

Interregional Research Project Number (IR-4)

 PP 1E6302 and 2E6474

     EPA has received pesticide petitions (1E6302 and 2E6474) from the 
Interregional Research Project Number (IR-4), 681 U.S. Highway 
1 South, North Brunswick, NJ 08902 proposing, pursuant to 
section 408(d) of the FFDCA, 21 U.S.C. 346a(d), to amend 40 CFR part 
180 by establishing tolerances for residues of quinoxyfen 5,7-dichloro- 
4-quinolyl 4-fluorophenyl ether in or on the following raw agricultural 
commodities: Grape at 0.70 parts per million (ppm) (1E6302), hop, dried 
at 5 ppm (1E6302), and cherry at 0.4 ppm (2E6474). EPA has determined 
that the petitions contain 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 petitions. Additional data may be 
needed before EPA rules on the petitions. This notice includes a 
summary of the petitions prepared by the registrant, Dow AgroSciences 
LLC, Indianapolis, IN 46268.

A. Residue Chemistry

    1. Plant metabolism. The nature of residues is adequately 
understood for the purposes of these tolerances. Based on the findings 
from these studies, quinoxyfen is the primary residue in all crops and 
therefore, the only residue of concern. Metabolites were present at low 
levels (<10% of total radioactive residue).
     Grape vineyard, cherry orchards, and hops are not normally rotated 
to succeeding crops, therefore, concerns on the residues in rotational 
crops are minimal. Nonetheless, a confined rotational crop study was 
conducted with quinoxyfen which confirmed

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minimal carryover of residues (> 0.003 [mu]ug/g) to succeeding crops.
    2. Analytical method. A practical analytical method for detecting 
and measuring levels of quinoxyfen in or on cherries, hops, grapes and 
its products allows monitoring of residues at or above the tolerances 
set for these crops. The analytical method uses capillary gas 
chromatography and mass selective detection (GC-MSD) with limits of 
quantitation (LOQ) of 0.01 parts per million (ppm) for cherries, 
grapes, grape juice, raisins and 0.05 ppm for hops. An independent 
laboratory has validated the method using hops, which is typically the 
more difficult matrix to analyze.
    3. Magnitude of residues. The magnitude of residues for grape, 
hops, and cherry is adequately understood.

B. Toxicological Profile

    1. Acute toxicity. Quinoxyfen technical has low acute toxicity. The 
acute oral lethal dose (LD)50 in rats was >5,000 milligrams/
kilogram (mg/kg) whereas, the dermal (LD)50 in rabbits was 
>2,000 mg/kg. The acute inhalation lethal concentration 
(LC)50 in rats was greater than the highest attainable 
aerosol concentration (3.38 mg/L). Quinoxyfen produced no dermal 
irritation and only mild eye irritation in rabbits. A guinea pig dermal 
sensitization study conducted by the modified Buehler method found no 
sensitization, whereas a study conducted by the Magnusson and Kligman 
maximization test showed a positive sensitization reaction. 
Formulations of quinoxyfen are water based suspension concentrates that 
have similar low acute toxicity. These suspension concentrates are 
classified as non-sensitizer, based on the results from testing in 
guinea pigs.
    2. Genotoxicity. Quinoxyfen was negative for genotoxicity when 
tested in in vitro and in vivo systems.
    3. Reproductive and developmental toxicity. Quinoxyfen did not have 
any effect on reproductive parameters at dose levels that induced 
treatment-related effects in parental rats. Transient decreases in pup 
body weights were seen prior to weaning, but dietary concentrations 
were targeted for adults and consumption of treated diets by the pups 
resulted in dose levels to the pups approximately 3-fold higher than in 
adults. Post-weaning weights were comparable to controls. A teratogenic 
potential for quinoxyfen was not demonstrated in either rats or rabbits 
at dose levels that induced maternal toxicity.
    4. Subchronic and chronic toxicity. Quinoxyfen caused increased 
liver weights and microscopic hepatocellular hypertrophy when given at 
sufficiently high dose levels in rats and mice for 13 weeks; no effects 
were observed in the subchronic dog study at the highest dose tested. 
Very high dietary levels were associated with slight hepatocellular 
necrosis. Similar increases in liver weights were seen in chronic 
studies. In addition, increased kidney weights, and an increase in the 
incidence of chronic progressive glomerulonephropathy, were seen after 
24 months in female rats given high dose levels of quinoxyfen. Chronic 
toxicity seen in dogs included liver effects as noted above, along with 
regenerative anemia at high dose levels.
     Using the Guidelines for Carcinogen Risk Assessment published 
September 24, 1986 (51 FR 33992), it is proposed that quinoxyfen be 
classified as Group E for carcinogenicity (no evidence of 
carcinogenicity) based on the results of studies in two species. Dow 
AgroSciences believes there was no evidence of carcinogenicity in an 
18-month mouse feeding study and a 24-month rat feeding study at any 
dosage tested.
    5. Animal metabolism. Quinoxyfen is rapidly absorbed, extensively 
metabolized and rapidly eliminated in the urine and feces. Studies 
conducted with 14C-quinoxyfen, labeled in either the phenyl 
ring or the quinoline ring, indicated extensive cleavage of the diaryl 
ether linkage. There were no substantive differences in the metabolism 
and disposition of quinoxyfen between males and females, or between 
single or repeated exposure. Parent quinoxyfen was not found in the 
urine; although, it was identified in the feces. The major metabolites 
found in urine and/or feces included: (1) Acid-labile conjugates of the 
phenyl ring moiety (4-FP) and quinoline ring moiety (DCHQ); (2) lesser 
quantities of free 4-FP and DCHQ; and (3) isomers of fluorophenyl-ring 
hydroxy-quinoxyfen, both free and glucuronide and/or sulfate 
conjugates. Trace quantity of the 3-OH metabolite was also identified 
in the urine and feces of rats.
    6. Metabolite toxicology. The nature of residue studies of 
quinoxyfen in plants indicated that the majority of applied 
radiolabeled material remained as the parent compound. Analyses from 
nature of residues studies in a number of crops revealed low residues 
of metabolites (<10% TRR) identified as: (1) A quinoline-ring 
hydroxylated metabolite, most likely 3-OH; (2) a cyclized deschloro 
photoproduct (CFBPQ); (3) 4-FP; and (4) a metabolite in which the 
fluorine was replaced by a hydroxyl group. Of these metabolites, 4-FP 
(formed by ether bridge cleavage), and DCHQ (corresponding to the other 
half of the molecule), as well as trace quantities of 3-OH, have been 
identified in rat urine and/or feces. These data suggest that most 
metabolites formed in plants are similarly formed in mammals and are of 
little toxicologic concern, based on the existing data for quinoxyfen.
    7. Neurotoxicity. Quinoxyfen has been shown to have no 
neurotoxicologic potential based on acute and subchronic studies.
    8. Endocrine disruption. There is no evidence from any studies to 
suggest that quinoxyfen has an effect on any endocrine system.

C. Aggregate Exposure

    1. Dietary exposure. Potential dietary exposure and risk assessment 
was estimated using DEEM (Dietary Exposure Evaluation Model, Version 
7.76) with USDA food consumption data continuing survey of food intake 
by individuals (CSFII) Survey 1994-1998.
    i. Food--a. Acute No acute dietary risk for quinoxyfen was 
evaluated since no appropriate toxicity endpoint attributable to a 
single dose could be identified. Therefore, an acute reference dose was 
not established.
    b. Chronic. The dietary exposure assessment was performed using a 
conservative approach (Tier I) and the estimated theoretical maximum 
residue contribution (TMRC) was based on the proposed tolerances for 
quinoxyfen on or in grapes, hops, and cherries with the assumption that 
100% of these crops were treated with quinoxyfen.
    ii. Drinking water. Based on the rapid degradation of quinoxyfen in 
water and its high tendency to sorb to soils, no surface water or 
ground water contamination is expected. This agrees with EPA Tier 1 
modeling using SciGrow and GENEEC which estimated concentration of 
quinoxyfen at 0.006 [mu]g/L in ground water and 241 [mu]g/L in surface 
water, respectively.
    2. Non-dietary exposure. Quinoxyfen is not currently registered for 
non-crop uses. Therefore, aggregate exposure to quinoxyfen will not 
include non-dietary, non-occupational exposures.

D. Cumulative Effects

     The potential for cumulative effects of quinoxyfen and other 
substances that have a common mechanism of toxicity is also considered. 
Quinoxyfen is a member of the quinoline class of fungicides. No 
information is available to determine whether quinoxyfen has a common 
mechanism of toxicity with other pesticides. Therefore, it is 
appropriate to consider only the

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potential risks of quinoxyfen in an aggregate exposure assessment.

E. Safety Determination

    1. U.S. population. The chronic dietary exposure was evaluated 
using a chronic reference dose (RfD) of 0.2 mg/kg/day based on a no 
observed adverse effect level (NOAEL) of 20 mg/kg/day from chronic rat, 
chronic dog, and rat reproduction studies and uncertainty factor of 
100. No additional Food Quality Protecction Act (FQPA) uncertainty 
factor is needed.
     For the U.S. general population, the TMRC was estimated to be 
0.000192 mg/kg/day. Using the conservative exposure assumptions 
described in Section C. and based on the completeness and reliability 
of the toxicity data, the aggregate exposure to quinoxyfen utilizes 
0.1% of the RfD for the U.S. population. EPA generally has no concern 
for exposures below 100% of the RfD because the RfD represents the 
level at or below which daily aggregate dietary exposure over a 
lifetime will not pose appreciable risks to human health. Thus, there 
is a reasonable certainty that no harm will result from aggregate 
exposure to quinoxyfen residues from the proposed uses.
    2. Infants and children. 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 for quinoxyfen relative to prenatal 
and postnatal effects for children is complete.
     In assessing the potential for additional sensitivity of infants 
and children to residues of quinoxyfen, data from developmental 
toxicity studies in rats and rabbits and a 2-generation reproduction 
study in the rat are considered. 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 from 
exposure to the pesticide on the reproductive capability and potential 
systemic toxicity of mating animals and on various parameters 
associated with the well-being of offspring.
     The population subgroup with the highest potential exposure are 
children (1-6 yrs old) with TMRC of 0.00071 mg/kg/day. Using the 
conservative exposure assumptions previously described in Section C. 
the percent RfD utilized by the potential aggregate exposure to 
quinoxyfen residues is about 0.4% for children (1-6 yrs old), the 
population subgroup with highest potential exposure. Quinoxyfen had no 
effect on reproduction or embryo-fetal development at any dosage 
tested. Therefore, no additional FQPA uncertainty factor is needed. 
Based on the completeness and reliability of the toxicity data and the 
conservative exposure assessment, Dow AgroSciences concludes that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to quinoxyfen residues from proposed 
uses.
     The drinking water level of concern (DWLOC) for the general U.S. 
population and children 1-6 years old (population subgroup with the 
highest potential exposure) was calculated to be 6,993 [mu]g/L and 
1,993 [mu]g/L, respectively. The DWLOCs are substantially greater than 
the estimated residue concentration in ground water or surface water; 
therefore, exposure to quinoxyfen would not result in unacceptable 
levels of aggregate human health risk.

F. International Tolerances

     There are no codex maximum residue levels established for residues 
of quinoxyfen on grapes, hops, and cherries.
[FR Doc. 03-13562 Filed 5-29-03; 8:45 am]
BILLING CODE 6560-50-S