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Return to Fomesafen Index PageFomesafen (IR-4). September 17, 1997. Pesticide Tolerance Petition. Federal Register.
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[Federal Register: September 17, 1997 (Volume 62, Number 180)] [Notices] [Page 48848-48856] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17se97-68] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [PF-754; FRL-5735-8] Notice of Filing of Pesticide Petitions AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces the initial filing of pesticide petitions proposing the establishment and/or amendment of regulations for residues of certain pesticide chemicals in or on various food commodities. DATES: Comments, identified by the docket control number PF-754, must be received on or before October 17, 1997. ADDRESSES: By mail submit written comments to: Public Information and Records Integrity Branch, Information Resources and Services Division (7506C), Office of Pesticides Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. In person bring comments to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, VA. Comments and data may also be submitted electronically by following the instructions under ``SUPPLEMENTARY INFORMATION.'' No confidential business information should be submitted through e-mail. Information submitted as a comment concerning this document may be claimed confidential by marking any part or all of that information as ``Confidential Business Information'' (CBI). CBI should not be submitted through e-mail. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the comment that does not contain CBI must be submitted for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. All written comments will be available for public inspection in Rm. 1132 at the address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: By mail: Sidney Jackson, Product Manager (PM) 43, Minor Use, Inerts, Emergency Response Branch, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Rm. 274, CM#2, 1921 Jefferson Davis Highway, Arlington, VA., (703) 305-7610. e-mail: jackson.sidney@epamail.epa.gov. [[Page 48849]] SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as follows proposing the establishment and/or amendment of regulations for residues of certain pesticide chemicals in or on various raw food commodities under section 408 of the Federal Food, Drug, and Comestic Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions contain data or information regarding the elements set forth in section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition. The official record for this notice, as well as the public version, has been established for this notice of filing under docket control number PF-754 (including comments and data submitted electronically as described below). A public version of this record, including printed, paper versions of electronic comments, which does not include any information claimed as CBI, is available for inspection from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The official record is located at the address in ``ADDRESSES''. Electronic comments can be sent directly to EPA at: opp-docket@epamail.epa.gov Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comment and data will also be accepted on disks in Wordperfect 5.1 file format or ASCII file format. All comments and data in electronic form must be identified by the docket control number (insert docket number) and appropriate petition number. Electronic comments on this notice may be filed online at many Federal Depository Libraries. Authority: 21 U.S.C. 346a. List of Subjects Environmental protection, Agricultural commodities, Food additives, Feed additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: September 5, 1997. James Jones, Acting Director, Registration Division, Office of Pesticide Programs. Summaries of Petitions Below summaries of the pesticide petitions are printed. The summaries of the petitions were prepared by the petitioners. 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. 3. Zeneca Ag Products PP 6E4653 EPA has received a pesticide petition (PP 6E4653) from the Interregional Research Project No. 4 (IR-4), New Jersey Agricultural Experiment Station, P.O. Box 231, Rutgers University, New Brunswick, NJ 08903, proposing pursuant to section 408(d) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing a tolerance for residues of the herbicide sodium salt of fomesafen (also referred to in this document as fomesafen, 5-[2-chloro- 4- (trifluoromethyl)phenoxy]-N-(methylsulfonyl)-2-nitrobenzamide, in or on the raw agricultural commodity snap beans at 0.05 parts per million (ppm). A. Residue Chemistry 1. Plant metabolism. Fomesafen metabolism has been extensively studied in soybeans. Once in the plant, fomesafen shows very rapid metabolism with either cleavage or conjugation of the intermediate degradation products to a complex mixture of low level degradation products. There is no significant translocation. For purposes of regulation, the parent compound fomesafen is the residue of concern on harvested bean crops. 2. Analytical method. The method of analysis uses High Pressure Liquid Chromatography. It is method GAM-RM-001/86, which was developed for analytical work on soybeans and adapted for use on snap beans. The limit of detection of the analytical method is 0.025 ppm. 3. Magnitude of residues. Residue data are available for fomesafen applied post-emergence on snap beans at the maximum label rate of 0.375 pounds active ingredient/acre (lb ai/A). The residue field trials were conducted by the IR-4 project in the States of Florida, North Carolina, New York, Oregon, and Wisconsin, representing approximately 50% of the national snap bean acreage. Each treated plot received a single post- emergence, prebloom application at either 0.25 or 0.375 lb ai/A. Four snap bean samples per treatment were collected from each trial. Samples were harvested 22 to 31 days after treatment, a normal range for snap beans. There are no detectable residues in snap beans when fomesafen is applied up to 0.375 lb ai/A prior to pod development, pre-bloom application. Based on the results of the poultry and ruminant metabolism studies, fomesafen is rapidly metabolized and excreted. There are no expected residues of fomesafen in meat, milk, or eggs. Snap beans are not a significant livestock feed commodity. B. Toxicological Profile 1. Acute toxicity. The acute toxicity profile of technical fomesafen is low by oral, dermal and inhalation routes. Similarly the formulated fomesafen [[Page 48855]] product (REFLEX) is of low oral, dermal and inhalation toxicity but is classed as Category I toxicity based on the highest hazard, severe eye irritancy. Fomesafen is not a skin sensitizer and only a slight irritant to the skin. Results of the acute toxicity testing with REFLEX show acute oral in the rat lethal dose (LD)50 > 2,000 milligram (mg)/ kilogram (kg), acute dermal in the rabbit LD50 > 2,000 mg/ kg, acute inhalation in the rat LD50 > 5.48 mg/liter (L), eye irritation in the rabbit showed severe irritancy, and skin irritation in the rabbit showed a slight irritancy. REFLEX is not a skin sensitizer. 2. Genotoxicity. Fomesafen tested negative in assay systems for gene mutation, structural chromosome aberration and other genotoxic effects. However fomesafen did produce a weak clastogenic response in the rat bone marrow when the analysis of the data was undertaken with gap-type aberrations both included and excluded. In the registrant's view, gap-type aberrations (small discontinuities in the staining of the chromosomes, as distinct from breaks), do not indicate significant chromosomal damage and should be excluded from the evaluation of such assays. Their conclusion therefore is that these data should be considered to indicate no clastogenic effect of fomesafen with no biologically significant genotoxic effects. 3. Reproductive and developmental toxicity. In a 2-generation reproduction study in rats fed diets containing 0, 50, 250 or 1,000 ppm fomesafen (equivalent to 2.5, 12.5 or 50 mg/kg/day) no reproductive effects were observed. The no observed effects level (NOEL) for systemic toxicity (reduction in body weight gain and liver necrosis) is established at 250 ppm for this study. In a developmental toxicity study in rats given oral doses of fomesafen at 0, 50, 100, or 200 mg/kg/day on gestation days 6 to 15 there was no developmental toxicity and the NOEL was established at 50 mg/kg/day, following evaluation of a second study at lower doses. A developmental toxicity study in rabbits given oral doses of 0, 2.5, 10, or 40 mg/kg/day on gestation days 6 to 18 with no developmental toxicity. 4. Subchronic toxicity. Subchronic oral toxicity studies in the rat (90-day) and dog (26 weeks) show that the liver is the primary target of toxicity in both sexes. Rats were dosed at 1, 5, 100, and 1,000 ppm in the diet. The lowest observed effect level (LOEL) in this study was 100 ppm (5 mg/kg/day) and the NOEL was 5 ppm (0.25 mg/kg/day). The dogs were dosed at 0.1, 1 and 25 mg/kg/day. The LOEL in this study was 25 mg/kg/day and the NOEL was 1 mg/kg/day. A 21-day dermal toxicity study in the rabbit at doses of 10, 100, and 1,000 mg/kg/day showed moderate to severe skin irritation at the application site but no systemic effects at doses up to 1,000 mg/kg/ day. The LOEL for skin irritation was 100 mg/kg/day and the NOEL was 10 mg/kg/day. 5. Chronic toxicity. Beagle dogs were administered fomesafen in gelatin capsules at dose levels of 0, 0.1, 1.0 or 25 mg/kg body weight (bwt)/day for 26 weeks with a NOEL of 1.0 mg/kg/day. There were no deaths, no clinical signs of toxicity and no treatment related effects on bodyweight or food consumption. Evidence of toxicity was observed at 25 mg/kg/day. Hypolipidemia was present in dogs of both sexes. At autopsy liver weight was increased at 25 mg/kg/day; microscopic examination revealed eosinophilic damage and peroxisome proliferation in both sexes. A 2-year feeding/carcinogenicity study with rats fed diets containing 0, 5, 100, or 1,000 ppm of fomesafen gave a NOEL for systemic effects of 5 ppm (0.25 mg/kg/day). At the lowest-effect level (LEL) 100 ppm (5 mg/kg/day) there were minor changes associated with liver toxicity. There were no carcinogenic effects observed under the conditions of the study. A carcinogenicity study was conducted in CD-1 mice fed diets containing 0, 1, 10, 100 or 1,000 ppm fomesafen (equivalent to 0.15, 1.5, 15 or 150 mg/kg/day) for up to 89 weeks. Increased mortality was seen at 1,000 ppm in both males and females and liver weights were increased at 100 and 1,000 ppm. A dose-related increase in the incidence of benign and malignant hepatocellular tumors was observed. Both tumor types were statistically significant in males and females at 1,000 ppm. At the 100 ppm feeding level (male and female), the increased incidence was confined to benign tumors. The increase in benign liver tumors at 1 ppm in males only was not considered related to fomesafen, due to the lack of any increase at 10 ppm. The Agency has classified fomesafen as a Group C carcinogen (possible human carcinogen) with a potency factor (Q1*) of 0.0019 mg/ kg/day. 6. Animal metabolism. Fomesafen is well absorbed and completely metabolized in the rat. Excretion is rapid with 90% of the compound excreted within 7 days of ingestion. There is no accumulation of fomesafen. 7. Metabolite toxicology. Toxicity testing results for the fomesafen parent compound is indicative of any metabolites, either in the plant or animal. C. Aggregate Exposure 1. Dietary exposure. For purposes of assessing the potential dietary exposure, ZENECA estimated aggregate exposure based on the tolerance for fomesafen on soybeans and snap beans at 0.05 ppm. Dietary exposure to residues of fomesafen in or on food will be limited to residues on soybean and snap beans. Based on the animal metabolism data, and because there are no residues on the crops at time of harvest, the company has concluded that there is reasonable expectation that no measurable residues of fomesafen will occur in meat, milk, poultry, or eggs from this use. There are no other established U.S. tolerances for fomesafen. 2. Food. On the bases of the Group C carcinogen classification of fomesafen the upper-bound carcinogenic risk from dietary exposure to fomesafen was calculated using a potency factor (Q*) of 0.19 (mg/kg/ day)-1 and dietary exposure as estimated by the Anticipated Residue Contribution (ARC) for existing tolerances and the proposed tolerance for snap beans. The upper-bound carcinogenic risk from established tolerances and the proposed tolerance for snap beans is calculated at 1.56 x 10-6 for the U.S. Population. The upper-bound carcinogenic risk from the proposed use on snap beans is calculated at 1.4 x 10-6. Therefore, the potential cancer risk from residues of fomesafen resulting from the combined established tolerance on soybeans and the proposed tolerance for snap beans is negligible. 3. Drinking water. Other potential sources of exposure of the general population to residues of pesticides are residues in drinking water and exposure from non-occupational sources. Field dissipation data and a prospective groundwater study indicate that fomesafen is persistent and has the potential to leach to groundwater. There is no established Maximum Concentration Level (MCL) for residues in drinking water. No drinking water health advisory has been established. Risk of contaminating surface water. Zeneca contends that fomesafen is unlikely to enter surface water bodies to any significant degree except by direct accidental over-spray. Should this arise, fomesafen will be readily degraded by a number of contributory processes. Fomesafen is not persistent in water in sunlit aquatic conditions. All these processes will ensure that any fomesafen entering surface water bodies will be short-lived and will not result in [[Page 48856]] any significant contamination of potential drinking water sources. Therefore, Zeneca concludes that potential exposures from residues of fomesafen in drinking water added to the current dietary exposure will not present significant risk to the U.S. population. 4. Non-dietary exposure. Since fomesafen is not registered for residential or turf uses, exposures from other than dietary or occupational sources are extremely unlikely. At this time there are no reliable data to assess the potential risk from non-dietary sources. D. Cumulative Effects Fomesafen is a diphenyl ether class of chemicals. At this time, EPA has not made a determination that fomesafen and other compounds have a common mechanism of toxicity resulting in cumulative effects. Therefore, aggregate exposure is evaluated on the uses of fomesafen only. E. Safety Determination 1. U.S. population. The Reference Dose (RfD) for fomesafen has not been established by the Agency's. For purposes of this action, the RfD is calculated at 0.0025 mg/kg of body weight/day. The RfD is based on a NOEL of 0.25 mg/kg/day from the rat feeding/carcinogenicity study and an uncertainty factor of 100. The ARC for the overall U.S. population from established tolerances and the proposed tolerance for snap beans utilizes 1.4% of the RfD. EPA generally has no concern for exposures below 100% of the RfD. The upper-bound carcinogenic risk from established tolerance on soybeans and the proposed tolerance for snap beans is calculated at 1.56 x 10-6 for the U.S. population, based on the available market share data. The upper-bound carcinogenic risk from the proposed use on snap beans is calculated at 1.4 x 10-6. Therefore, Zeneca believes that the potential cancer risk from residues of fomesafen resulting from the combined established tolerance on soybeans and the proposed tolerance for snap beans is negligible. 2. Infants and children. Zeneca noted that the potential for additional sensitivity for infants and children to residues of fomesafen have been considered based on the three-generation reproductive study in rats and the developmental toxicity studies in rat and rabbit. Zeneca concluded that fomesafen showed no evidence of reproductive toxicity and caused no developmental toxicity in the rabbit or in the rat. 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 pre- and post-natal toxicity and the completeness of the database. Based on the current toxicological data requirements, the database relative to pre- and post-natal effects for children is complete for fomesafen. Zeneca AG Products concludes that there is reasonable certainty that no harm will result to infants and children from aggregate exposure to fomesafen. F. International Tolerances There are no Codex Maximum Residue Levels established for fomesafen residues. [FR Doc. 97-24692 Filed 9-16-97; 8:45 am] BILLING CODE 6560-50-F