[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Rules and Regulations]
[Pages 71052-71058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20897]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0654; FRL-8093-4]


Cyproconazole; Pesticide Tolerances for Emergency Exemptions

AGENCY:  Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for 
residues of cyproconazole ((2RS,3RS)-2-(4-chlorophenyl)-3-cyclopropyl-
1-(1H -1,2,4- triazole-1-yl)butan-2-ol) in or on soybean seed. This 
action is associated with EPA's granting of an emergency exemption 
under section 18 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) authorizing use of the pesticide on soybeans. This 
regulation establishes a maximum permissible level for residues of 
cyproconazole in this food commodity. The tolerance will expire and be 
revoked on December 31, 2009.

DATES: This regulation is effective December 8, 2006. Objections and 
requests for hearings must be received on or before February 6, 2007, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0654. All documents in the 
docket are listed on the regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the Office 
of Pesticide Programs (OPP) Regulatory Public Docket in Room S-4400, 
One Potomac Yard (South Building), 2777 South Crystal Drive Arlington, 
VA 22202-3553. The hours of operation of this Docket Facility are from 
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. 
The Docket telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; fax: (703) 308-8041; 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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 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 Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal 
Register document through the electronic docket at http://www.regulations.gov, you may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr. You may also access a 
frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178. You must file your objection or 
request a hearing on this regulation in accordance with the 
instructions provided in 40 CFR part 178. To ensure proper receipt by 
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0654 in the 
subject line on the first page of your submission. All requests must be 
in writing, and must be mailed or delivered to the Hearing Clerk on or 
before February 6, 2007.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2006-0654, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP), Regulatory 
Public Docket (7502P), Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Room S-4400, One Potomac Yard (South 
Building), 2777 South Crystal Drive, Arlington, VA 22202-3553. 
Deliveries are only accepted during the Docket's normal hours of 
operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays). Special arrangements should

[[Page 71053]]

be made for deliveries of boxed information. The Docket telephone 
number is (703) 305-5805.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and 
408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a(e) and 346a(l)(6), is establishing a tolerance for residues 
of the fungicide cyproconazole, in or on soybean seed at 0.10 parts per 
million (ppm). This tolerance will expire and be revoked on December 
31, 2009. EPA will publish a document in the Federal Register to remove 
the revoked tolerance from the Code of Federal Regulations (CFR).
    Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for 
pesticide chemical residues in food that will result from the use of a 
pesticide under an emergency exemption granted by EPA under section 18 
of FIFRA. Such tolerances can be established without providing notice 
or period for public comment. EPA does not intend for its actions on 
section 18 related tolerances to set binding precedents for the 
application of the section 408 safety standard to other tolerances and 
exemptions. Section 408(e) of the FFDCA allows EPA to establish a 
tolerance or an exemption from the requirement of a tolerance on its 
own initiative, i.e., without having received any petition from an 
outside party.
    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of the FFDCA defines ``safe'' to mean that ``there is 
a reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of the FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Section 18 of the FIFRA authorizes EPA to exempt any Federal or 
State agency from any provision of FIFRA, if EPA determines that 
``emergency conditions exist which require such exemption.'' EPA has 
established regulations governing such emergency exemptions in 40 CFR 
part 166.

III. Emergency Exemption for Cyproconazole on Soybeans and FFDCA 
Tolerances

    Australasian soybean rust (SBR) is a plant disease caused by two 
fungal species, Phakopsora pachyrhizi and P. meibomiae, and is spread 
primarily by windborne spores that can be transported over long 
distances. SBR models suggest that most of the soybean acreage in the 
U.S. could be compromised by an SBR epidemic. In accordance with the 
2002 Agricultural Bioterrorism Protection Act, SBR was identified by 
USDA as a select biological agent with the potential to pose a severe 
threat to the soybean industry and livestock production, in general. As 
such, USDA has invested in extensive readiness and outreach activities 
among soybean producers. The states of Minnesota and South Dakota 
petitioned EPA to allow under FIFRA section 18, the use of 
cyproconazole on soybeans for control of Australasian soybean rust in 
Minnesota and South Dakota. After having reviewed the submission, EPA 
concurs that emergency conditions exist for these States.
    As part of its assessment of this emergency exemption, EPA assessed 
the potential risks presented by residues of cyproconazole in or on 
soybeans. In doing so, EPA considered the safety standard in section 
408(b)(2) of the FFDCA, and EPA decided that the necessary tolerance 
under section 408(l)(6) of the FFDCA would be consistent with the 
safety standard and with FIFRA section 18. Consistent with the need to 
move quickly on the emergency exemption in order to address an urgent 
non-routine situation and to ensure that the resulting food is lawful, 
EPA is issuing this tolerance without notice and opportunity for public 
comment as provided in section 408(l)(6) of the FFDCA. Although this 
tolerance expires and is revoked on December 31, 2009, under section 
408(l)(5) of the FFDCA, residues of the pesticide not in excess of the 
amounts specified in the tolerance remaining in or on soybean seed 
after that date will not be unlawful, provided the pesticide is applied 
in a manner that was lawful under FIFRA, and the residues do not exceed 
a level that was authorized by this tolerance at the time of that 
application. EPA will take action to revoke this tolerance earlier if 
any experience with, scientific data on, or other relevant information 
on this pesticide indicate that the residues are not safe.
    Because this tolerance is being approved under emergency 
conditions, EPA has not made any decisions about whether cyproconazole 
meets EPA's registration requirements for use on soybeans or whether a 
permanent tolerance for this use would be appropriate. Under these 
circumstances, EPA does not believe that this tolerance serves as a 
basis for registration of cyproconazole by a State for special local 
needs under FIFRA section 24(c). Nor does this tolerance serve as the 
basis for growers in any State other than those in which State lead 
agencies have obtained an exemption to use this pesticide on this crop 
under section 18 of FIFRA without following all provisions of EPA's 
regulations implementing FIFRA section 18 as identified in 40 CFR part 
166. For additional information regarding the emergency exemption for 
cyproconazole, contact the Agency's Registration Division at the 
address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. For further discussion of the 
regulatory requirements of section 408 of the FFDCA and a complete 
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.
    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed 
the available scientific data and other relevant information in support 
of this action. EPA has sufficient data to assess the hazards of 
cyproconazole and to make a determination on aggregate exposure, 
consistent with section 408(b)(2) of the FFDCA, for a time-limited 
tolerance for residues of cyproconazole in or on soybean seed at 0.10 
ppm. EPA's assessment of the dietary exposures and risks associated 
with establishing the tolerance follows.

A. Toxicological Endpoints

    The dose at which no adverse effects are observed (the NOAEL) from 
the toxicology study identified as appropriate for use in risk 
assessment is used to estimate the toxicological endpoint. However, the 
lowest dose at which adverse effects of concern are identified (the 
LOAEL) is sometimes used for risk assessment if no NOAEL was achieved 
in the toxicology study selected. An uncertainty factor (UF) is applied 
to reflect uncertainties inherent

[[Page 71054]]

in the extrapolation from laboratory animal data to humans and in the 
variations in sensitivity among members of the human population as well 
as other unknowns. An UF of 100 is routinely used, 10x to account for 
interspecies differences and 10x for intra species differences.
    For dietary risk assessment (other than cancer) the Agency uses the 
UF to calculate an acute or chronic reference dose (acute RfD or 
chronic RfD) where the RfD is equal to the NOAEL divided by the 
appropriate UF (RfD = NOAEL/UF). Where an additional safety factor is 
retained due to concerns unique to the FQPA, this additional factor is 
applied to the RfD by dividing the RfD by such additional factor. The 
acute or chronic Population Adjusted Dose (aPAD or cPAD) is a 
modification of the RfD to accommodate this type of FQPA SF.
    For non-dietary risk assessments (other than cancer) the UF is used 
to determine the level of concern (LOC). For example, when 100 is the 
appropriate UF (10x to account for interspecies differences and 10x for 
intraspecies differences), the LOC is 100. To estimate risk, a ratio of 
the NOAEL to exposures (margin of exposure (MOE) = NOAEL/exposure) is 
calculated and compared to the LOC.
    The linear default risk methodology (Q*) is the primary method 
currently used by the Agency to quantify carcinogenic risk. The Q* 
approach assumes that any amount of exposure will lead to some degree 
of cancer risk. A Q* is calculated and used to estimate risk which 
represents a probability of occurrence of additional cancer cases 
(e.g., risk is expressed as 1 x 10-6 or one in a million). 
Under certain specific circumstances, MOE calculations will be used for 
the carcinogenic risk assessment. In this non-linear approach, a 
``point of departure'' is identified below which carcinogenic effects 
are not expected. The point of departure is typically a NOAEL based on 
an endpoint related to cancer effects though it may be a different 
value derived from the dose response curve. To estimate risk, a ratio 
of the point of departure to exposure (MOEcancer = point of 
departure/exposures) is calculated. A summary of the toxicological 
endpoints for cyproconazole used for human risk assessment is shown in 
the following Table:

         Summary of Toxicological Dose and Endpoints for Cyproconazole for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                                                 FQPA SF* and Level of
          Exposure/Scenario               Dose Used in Risk         Concern for Risk     Study and Toxicological
                                            Assessment, UF             Assessment                Effects
----------------------------------------------------------------------------------------------------------------
Acute Dietary (U.S. general            Not applicable           None                     An endpoint of concern
 population including infants and                                                         (effect) attributable
 children)                                                                                to a single exposure
                                                                                          (dose) for the U.S.
                                                                                          General Population was
                                                                                          not identified in the
                                                                                          oral toxicity studies
                                                                                          reviewed.
----------------------------------------------------------------------------------------------------------------
Acute Dietary (Females 13-49 years of  LOAEL = 2.0 mg/kg/day    FQPA SF = 1x             Developmental toxicity
 age)                                  UF = 300...............  aPAD = acute...........    Chinchilla rabbits;
                                       Acute RfD = 2.0 mg/kg/   RfD / FQPA SF = 0.01 mg/ LOAEL = 2.0 mg/kg/day
                                        day/300 = 0.01 mg/kg/    kg/day.                  based on hydrocephalus
                                        day.                                              internus observed in
                                                                                          one fetus at each
                                                                                          treatment level.
----------------------------------------------------------------------------------------------------------------
Chronic Dietary (All populations)      NOAEL = 1.0 mg/kg/day    FQPA SF = 1x             Chronic oral toxicity -
                                       UF = 100...............  cPAD = chronic.........   dog;
                                       Chronic RfD = 1.0 mg/kg/ RfD/FQPA SF = 0.01 mg/   LOAEL = 3.2 mg/kg/day
                                        day/100 = 0.01 mg/kg/    kg/day.                  based on liver effects
                                        day.                                              (P450 induction in
                                                                                          females and
                                                                                          histopathology,
                                                                                          laminar eosinophilic
                                                                                          intrahepatocytic
                                                                                          bodies in males).
----------------------------------------------------------------------------------------------------------------
Short-Term Incidental Oral (1 to 30    NOAEL = 1.5 mg/kg/day    Residential LOC for MOE  90-day oral toxicity -
 days)                                                           = 100                    rat;
Intermediate-Term Incidental Oral (1                            Occupational LOC for     LOAEL = 27.3 mg/kg/day
 to 6 months).                                                   MOE = 100.               based on decreased
                                                                                          body weight gain in
                                                                                          males and increased
                                                                                          liver weight in
                                                                                          females.
----------------------------------------------------------------------------------------------------------------
Short-Term Dermal (1 to 30 days)       NOAEL = 2.0 mg/kg/day    Residential LOC for MOE  Developmental toxicity
Intermediate-Term Dermal (1 to 6        (dermal absorption       = 300                     Chinchilla rabbits;
 months).                               rate = 11%)             Occupational LOC for     LOAEL = 2.0 mg/kg/day
                                                                 MOE = 300.               based on hydrocephalus
                                                                                          internus observed in
                                                                                          one fetus at each
                                                                                          treatment level.
----------------------------------------------------------------------------------------------------------------
Long-Term Dermal (>6 months)           NOAEL = 1.0 mg/kg/day    Residential LOC for MOE  Chronic oral toxicity -
                                        (dermal absorption       = 100                    dog;
                                        rate = 11%)             Occupational LOC for     LOAEL = 3.2 mg/kg/day
                                                                 MOE = 100.               based on liver effects
                                                                                          (P450 induction in
                                                                                          females and
                                                                                          histopathology,
                                                                                          laminar eosinophilic
                                                                                          intrahepatocytic
                                                                                          bodies in males).
----------------------------------------------------------------------------------------------------------------
Short-Term Inhalation (1 to 30 days)   NOAEL = 2.0 mg/kg/day    Residential LOC for MOE  Developmental toxicity
Intermediate-Term Inhalation (1 to 6    (inhalation-absorption   = 300                     Chinchilla rabbits;
 months).                               rate = 100% oral        Occupational LOC for     LOAEL = 2.0 mg/kg/day
                                        equivalent)              MOE = 300.               based on hydrocephalus
                                                                                          internus observed in
                                                                                          one fetus at each
                                                                                          treatment level.
----------------------------------------------------------------------------------------------------------------
Long-Term Inhalation (>6 months)       NOAEL = 1.0 mg/kg/day    Residential LOC for MOE  Chronic oral toxicity -
                                        (inhalation-absorption   = 100                    dog;
                                        rate = 100% oral        Occupational LOC for     LOAEL = 3.2 mg/kg/day
                                        equivalent)              MOE = 100.               based on liver effects
                                                                                          (P450 induction in
                                                                                          females and
                                                                                          histopathology,
                                                                                          laminar eosinophilic
                                                                                          intrahepatocytic
                                                                                          bodies in males).
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal, inhalation)           Cyproconazole has been classified as a Group B2, probable human
                                        carcinogen; Q1* is 1.58 x 10-1 (mg/kg/day)-1 in human equivalents, based
                                           on male mouse liver adenoma and/or carcinoma combined tumor rates.
----------------------------------------------------------------------------------------------------------------
* The reference to the FQPA SF refers to any additional SF retained due to concerns unique to the FQPA.

[[Page 71055]]

 
UF = uncertainty factor; FQPA SF = Special FQPA safety factor; NOAEL = no observed adverse effect level; LOAEL =
  lowest observed adverse effect level; PAD = population adjusted dose (a = acute, c = chronic); RfD = reference
  dose; MOE = margin of exposure; and LOC = level of concern.

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. A tolerance has been 
established (40 CFR 180.485) for residues of cyproconazole in or on the 
imported agricultural commodity coffee, bean, green. There are no U.S. 
registrations for cyproconazole on raw agricultural commodities at this 
time. Risk assessments were conducted by EPA to assess dietary 
exposures from cyproconazole in food as follows:
    i. Acute exposure. Acute dietary risk assessments are performed for 
a food use pesticide if a toxicological study has indicated the 
possibility of an effect of concern occurring as a result of a one day 
or single exposure. The Dietary Exposure Evaluation Model software with 
the Food Commodity Intake Database (DEEM-FCID\TM\) analysis evaluated 
the individual food consumption as reported by respondents in the USDA 
1994-1996 and 1998 nationwide Continuing Surveys of Food Intake by 
Individuals (CSFII) and accumulated exposure to the chemical for each 
commodity. The acute dietary exposure analysis for cyproconazole is 
based on Tier 1 assumptions of tolerance-level residues and 100% crop 
treated (CT).
    ii. Chronic exposure. In conducting the chronic dietary risk 
assessment, the DEEM-FCID\TM\ analysis evaluated the individual food 
consumption as reported by respondents in the USDA 1994-1996 and 1998 
nationwide CSFII and accumulated exposure to the chemical for each 
commodity. The chronic dietary exposure analysis for cyproconazole is 
refined in that it incorporates estimates of anticipated residues (AR) 
for all commodities, 10% CT for soybeans and empirical processing 
factors (a Tier 3 analysis).
    iii. Cancer. The Q1* for cyproconazole is 1.58 x 10-1 
milligrams/kilograms/day (mg/kg/day) in human equivalents, based on 
liver tumor data in male mice. The 10% CT (i.e., 7.4 million acres) 
resulted in an acceptable calculated dietary cancer risk of 1.1 x 
10-6, which is equivalent to the Agency's LOC (generally 1 x 
10-6).
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of the FFDCA authorizes EPA to use available data 
and information on the anticipated residue levels of pesticide residues 
in food and the actual levels of pesticide chemicals that have been 
measured in food. If EPA relies on such information, EPA must, pursuant 
to section 408(f)(1), require that data be provided 5 years after the 
tolerance is established, modified or left in effect, demonstrating 
that the levels in food are not above the levels anticipated. Following 
the initial data submission, EPA is authorized to require similar data 
on a time frame it deems appropriate. For the present action, EPA will 
issue such Data Call-Ins for information relating to anticipated 
residues as are required by FFDCA section 408(b)(2)(E) and authorized 
under FFDCA section 408(f)(1). Such Data Call-Ins will be required to 
be submitted no later than 5 years from the date of issuance of this 
tolerance.
    Section 408(b)(2)(F) of the FFDCA states that the Agency may use 
data on the actual percent of food treated for assessing chronic 
dietary risk only if the Agency can make the following findings: 
Condition 1, that the data used are reliable and provide a valid basis 
to show what percentage of the food derived from such crop is likely to 
contain such pesticide residue; Condition 2, that the exposure estimate 
does not underestimate exposure for any significant subpopulation 
group; and Condition 3, if data are available on pesticide use and food 
consumption in a particular area, the exposure estimate does not 
understate exposure for the population in such area. In addition, the 
Agency must provide for periodic evaluation of any estimates used. To 
provide for the periodic evaluation of the estimate of PCT as required 
by section 408(b)(2)(F) of the FFDCA, EPA may require registrants to 
submit data on PCT.
    The Agency used PCT information for cyproconazole as follows: As 
stated in Unit IV.B.1. acute and chronic dietary exposure and risk 
analyses were conducted to determine the exposure and risk estimates 
resulting from the use of cyproconazole in soybeans to control 
Australasian soybean rust. The acute analysis is based on Tier 1 
assumptions of tolerance-level residues and 100% CT. The chronic 
analysis is refined in that it incorporates estimates of AR for all 
commodities, 10% CT for soybeans and empirical processing factors (a 
Tier 3 analysis).
    The Agency believes that the three conditions previously discussed 
have been met. With respect to Condition 1, EPA finds that the PCT 
information described in Unit IV.B.1. and in the preceding paragraph 
for cyproconazole used on soybeans is reliable and has a valid basis. 
As to Conditions 2 and 3, regional consumption information and 
consumption information for significant subpopulations is taken into 
account through EPA's computer-based model for evaluating the exposure 
of significant subpopulations including several regional groups. Use of 
this consumption information in EPA's risk assessment process ensures 
that EPA's exposure estimate does not understate exposure for any 
significant subpopulation group and allows the Agency to be reasonably 
certain that no regional population is exposed to residue levels higher 
than those estimated by the Agency. Other than the data available 
through national food consumption surveys, EPA does not have available 
information on the regional consumption of food to which cyproconazole 
may be applied in a particular area.
    2.--i. Dietary exposure from drinking water. The Agency used the 
Pesticide Root Zone Model and Exposure Analysis Modeling System (PRZM/
EXAMS) to calculate estimated drinking water concentrations (EDWCs) for 
the use of cyproconazole in soybeans, using the standard Mississippi 
soybean scenario. Thus, the estimated exposure concentrations for water 
are based on the proposed highest use rate. The Agency used the Generic 
Expected Environmental Concentration model to calculate estimated 
environmental concentrations (EECs) for the use of cyproconazole in 
turf. Ground water concentrations were estimated with the Screening 
Concentration in Groundwater (SCI-GROW) model.
    ii. Ground water and surface water EDWCs. A Tier 2 drinking water 
assessment was conducted for the proposed use of cyproconazole in 
soybeans using the proposed maximum application rate of 0.026 lbs. 
a.i./acre with 2 applications per year and a 7-day Retreatment interval 
(RTI). The Preharvest interval (PHI) will be 30 days. The linked PRZM 
and EXAMS models predicted a peak EDWC of 0.79 parts per billion (ppb) 
for aerial applications. The PRZM/EXAMS model predicted chronic EDWCs 
of 0.21 ppb (1-in-10 Year Annual Average) for aerial applications and 
0.12 ppb (30-year Annual Average) for ground applications. The SCI-GROW 
model estimated the concentration of cyproconazole in shallow ground 
water sources to be 0.027 ppb.

[[Page 71056]]

    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets). Cyproconazole is not 
registered for use on any sites that would result in residential 
exposure.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    Cyproconazole is a member of the triazole-containing class of 
pesticides. Although conazoles act similarly in plants (fungi) by 
inhibiting ergosterol biosynthesis, there is not necessarily a 
relationship between their pesticidal activity and their mechanism of 
toxicity in mammals. Structural similarities do not constitute a common 
mechanism of toxicity. Evidence is needed to establish that the 
chemicals operate by the same, or essentially the same, sequence of 
major biochemical events (EPA, 2002). In conazoles, however, a variable 
pattern of toxicological responses is found. Some are hepatotoxic and 
hepatocarcinogenic in mice. Some induce thyroid tumors in rats. Some 
induce developmental, reproductive, and neurological effects in 
rodents. Furthermore, the conazoles produce a diverse range of 
biochemical events including altered cholesterol levels, stress 
responses, and altered DNA methylation. It is not clearly understood 
whether these biochemical events are directly connected to their 
toxicological outcomes. Thus, there is currently no evidence to 
indicate that conazoles share common mechanisms of toxicity and EPA is 
not following a cumulative risk approach based on a common mechanism of 
toxicity for the conazoles. For information regarding EPA's procedures 
for cumulating effects form substances found to have a common mechanism 
of toxicity see EPA's website at http://www.epa.gov/pesticides/cumulative.
    Cyproconazole is a triazole-derived pesticide. This class of 
compounds can form the common metabolite 1,2,4-triazole and two 
triazole conjugates (triazole alanine and triazole acetic acid). To 
support existing tolerances and to establish new tolerances for 
triazole-derivative pesticides, including cyproconazole, EPA conducted 
a human health risk assessment for exposure to 1,2,4-triazole, triazole 
alanine and triazole acetic acid resulting from the use of all current 
and pending uses of any triazole-derived fungicide. The risk assessment 
is a highly conservative, screening-level evaluation in terms of 
hazards associated with the common metabolites (e.g., use of maximum 
combination of uncertainty factors) and potential dietary and non-
dietary exposures (i.e, high end estimates of both dietary and non-
dietary exposures). In addition, the Agency retained the additional 10x 
FQPA safety factor for the protection of infants and children. The 
assessment includes evaluations of risks for various population 
subgroups, including those comprised of infants and children.
    The Agency's complete risk assessment is found in the propiconazole 
reregistration docket at http://www.regulations.gov, Docket ID number 
EPA-HQ-OPP-2005-0497-0013.

C. Safety Factor for Infants and Children

    1. In general. Section 408 of the FFDCA provides that EPA shall 
apply an additional tenfold margin of safety for infants and children 
in the case of threshold effects to account for prenatal and/or 
postnatal toxicity and the completeness of the data base on toxicity 
and exposure unless EPA determines that a different margin of safety 
will be safe for infants and children. Margins of safety are 
incorporated into EPA risk assessments either directly through use of a 
MOE analysis or through using uncertainty (safety) factors in 
calculating a dose level that poses no appreciable risk to humans.
    2. Developmental toxicity studies. There is no evidence of 
increased susceptibility in either the developmental study in rats or 
in the 2-generation reproduction study in rats. The concern is low for 
the increased susceptibility in the New Zealand rabbit study since 
clear NOAELs/LOAELs were established for maternal and developmental 
toxicities. Similarly, the concern is low for the increased 
susceptibility in the Chinchilla rabbit study since the incidences of 
hydrocephaly were low, there was no dose response, the hydrocephaly was 
not seen at the same doses in the New Zealand White strain of rabbit 
and this endpoint of concern is used with a 3x FQPA safety factor for 
risk assessment.
    A 3x safety factor (as opposed to a 10x) for the lack of a NOAEL in 
this critical study is adequate because the magnitude of the response 
was low (low incidences without dose response) and the effect of 
concern was seen in an unusual strain (Chinchilla) of rabbits and not 
in the New Zealand strain commonly used in developmental toxicity 
studies. The Agency evaluated the quality of the hazard and exposure 
data for cyproconazole and determined that the FQPA safety factor can 
be reduced to 1x. Therefore, there is no residual uncertainty for 
prenatal and/or postnatal exposure to cyproconazole.
    3. Reproductive toxicity study. There was no evidence of 
reproductive toxicity in the 2-generation reproduction study in rats. 
In this study, cyproconazole was administered to rats at dose levels of 
0, 0.4, 1.7 and 10.6 mg/kg/day. The parental systemic NOAEL is 1.7 mg/
kg/day and LOAEL of 10.6 mg/kg/day, based on liver effects. The 
reproductive toxicity NOAEL is 10.6 mg/kg/day. Although gestation 
length was slightly increased and litter size decreased, these changes 
were not considered to be treatment-related.
    4. Prenatal and postnatal sensitivity. Please refer to the 
explanation provided above in Unit IV.C.2. for a detailed discussion 
regarding ``prenatal and/or postnatal sensitivity.''
    5. Conclusion. The Agency evaluated the quality of the hazard and 
exposure data and determined that, based on the hazard and exposure 
data, the special FQPA SF is reduced to 1x. In terms of hazard, there 
are low concerns and no residual uncertainties with regard to prenatal 
and/or postnatal toxicity.

D. Aggregate Risks and Determination of Safety

    EPA conducted human health risk assessments for acute, chronic and 
cancer dietary exposures (food + drinking water only) for existing and 
proposed uses. Because there are no uses of cyproconazole that are 
expected to result in residential exposures, this aggregate risk 
assessment takes into consideration dietary food + drinking water 
exposure only; therefore, the acute and chronic aggregate estimates 
would be the same as the dietary exposure results.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit, the acute dietary exposure from food to cyproconazole will occupy 
1.3% of the aPAD for females 13-49 years old. Given existing and 
proposed uses, the Agency has no risk concern for exposure to 
cyproconazole through food and/or drinking water. EPA does not expect 
the aggregate exposure to exceed 100% of the aPAD.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that exposure to 
cyproconazole from

[[Page 71057]]

food will utilize 1% of the cPAD for all infants less than a year old. 
There are no residential uses for cyproconazole that will result in 
chronic residential exposure to cyproconazole. Given existing and 
proposed uses, the Agency has no risk concern for exposure to 
cyproconazole through food and/or drinking water. EPA does not expect 
the aggregate exposure to exceed 100% of the cPAD.
    3. Short-term risk. Short-term aggregate exposure takes into 
account residential exposure plus chronic exposure to food and drinking 
water (considered to be a background exposure level). Cyproconazole is 
not registered for use on any sites that would result in residential 
exposure. Therefore, the aggregate risk is the sum of the risk from 
food and drinking water, which were previously addressed.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account non-dietary, non-occupational exposure plus chronic 
exposure to food and drinking water (considered to be a background 
exposure level). Cyproconazole is not registered for use on any sites 
that would result in residential exposure. Therefore, the aggregate 
risk is the sum of the risk from food and drinking water, which were 
previously addressed.
    5. Aggregate cancer risk for U.S. population. When relying on the 
exposure assumptions described in this notice, EPA calculated an 
acceptable cancer risk of 1.1 x 10-6, which is equivalent to 
the Agency's LOC (generally 1.0 x 10-6).
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the U.S. general population and to infants and children from 
aggregate exposure to cyproconazole residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (example--gas chromatography) is 
available to enforce the tolerance expression. The method may be 
requested from: Chief, Analytical Chemistry Branch, Environmental 
Science Center, 701 Mapes Road, Ft. Meade, MD 20755-5350; telephone 
number: (410) 305-2905; e-mail address: [email protected].

B. International Residue Limits

    No CODEX, Canadian or Mexican MRLs or tolerances have been 
established for cyproconazole on soybeans. Therefore, international 
harmonization is not an issue at this time.

C. Conditions

    EPA has concluded that the toxicological, residue chemistry, 
dietary exposure and occupational/residential exposure assessments are 
adequate to support a time-limited tolerance of 0.10 ppm for residues 
of cyproconazole per se in/on soybean, seed.

VI. Conclusion

    Therefore, the tolerance is established for residues of 
cyproconazole per se, in or on soybean, seed at 0.10 ppm.

VII. Statutory and Executive Order Reviews

    This final rule establishes a time-limited tolerance under section 
408 of the FFDCA. The Office of Management and Budget (OMB) has 
exempted these types of actions from review under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993). Because this rule has been exempted from review under Executive 
Order 12866 due to its lack of significance, this rule is not subject 
to Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations under Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994); 
or OMB review or any Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since 
tolerances and exemptions that are established on the basis of a FIFRA 
section 18 exemption under section 408 of the FFDCA, such as the 
tolerance in this final rule, do not require the issuance of a proposed 
rule, the requirements of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.) do not apply. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This final 
rule directly regulates growers, food processors, food handlers, and 
food retailers, not States. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of section 408(n)(4) of the 
FFDCA. For these same reasons, the Agency has determined that this rule 
does not have any ``tribal implications'' as described in Executive 
Order 13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.'' This rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

[[Page 71058]]

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects 40 CFR Part 180

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

    Dated: November 24, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--AMENDED

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. Section 180.485 is amended by adding text and table to paragraph (b) 
to read as follows:


Sec.  180.485  Cyproconazole; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. A time-limited tolerance is 
established for residues of the fungicide cyproconazole per se 
((2RS,3RS)-2-(4-chlorophenyl)-3-cyclopropyl-1-(1H -1,2,4- triazole-1-
yl)butan-2-ol) in or on soybean seed in connection with the use of the 
pesticide under section 18 emergency exemptions granted by EPA. The 
tolerance will expire and be revoked on the date specified in the 
following table.

------------------------------------------------------------------------
                                                  Expiration/revocation
        Commodity           Parts per million             date
------------------------------------------------------------------------
     Soybean, seed                 0.10                12/31/09
------------------------------------------------------------------------

[FR Doc. E6-20897 Filed 12-7-06; 8:45 am]
BILLING CODE 6560-50-S