[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Rules and Regulations]
[Pages 60820-60828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0299; FRL-7681-8]


Mepanipyrim; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for combined residues 
of mepanipyrim, 4-methyl-N-phenyl-6-(1-propynyl)-2-pyrimidinamine, and 
its metabolite, 4-methyl-N-phenyl-6-(2-hydroxypropyl)-2-pyrimidinamine, 
both free and conjugated in or on grape; grape, raisin; strawberry; and 
tomato. K-I Chemical U.S.A., Inc., requested these tolerances under the 
Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food 
Quality Protection Act of 1996 (FQPA).

DATES: This regulation is effective October 13, 2004. Objections and 
requests for hearings must be received on or before December 13, 2004.

ADDRESSES: To submit a written objection or hearing request follow the 
detailed instructions as provided in Unit VI. of the SUPPLEMENTARY 
INFORMATION. EPA has established a docket for this action under Docket 
identification (ID) number OPP-2004-0299. All documents in the docket 
are listed in the EDOCKET index at http://www.epa.gov/edocket/. 
Although listed in the index, some information is not publicly 
available, i.e., 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 electronically in EDOCKET or in hard copy at the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall <greek-i>2, 1801 South Bell St., 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.

FOR FURTHER INFORMATION CONTACT: Mary L. Waller, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9354; e-mail address: <a href="/cdn-cgi/l/email-protection#e4938588888196ca8985969da4819485ca838b92"><span class="__cf_email__" data-cfemail="95e2f4f9f9f0e7bbf8f4e7ecd5f0e5f4bbf2fae3">[email protected]</span></a>.

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:
    <bullet> Crop production (NAICS 111), e.g., agricultural workers; 
greenhouse, nursery, and floriculture workers; farmers.
    <bullet> Animal production (NAICS 112), e.g., cattle ranchers and 
farmers, dairy cattle farmers, livestock farmers.
    <bullet> Food manufacturing (NAICS 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
    <bullet> Pesticide manufacturing (NAICS 32532), e.g., agricultural 
workers; commercial applicators; farmers; greenhouse, nursery, and 
floriculture workers; residential users.
    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 and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/. 
To access the OPPTS Harmonized Guidelines referenced in this document, 
go directly to the guidelines at http://www.epa.gpo/opptsfrs/home/guidelin.htm/.

II. Background and Statutory Findings

    In the Federal Register of May 26, 2004 (69 FR 29940) (FRL-7357-4), 
EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 
346a(d)(3), announcing the filing of a pesticide petition (PP 8E5017) 
by K-I Chemical U.S.A., Inc., 11 Martine Ave., 9\th\ Floor, White 
Plains, NY 10606. That notice included a summary of the petition 
prepared by K-I Chemical U.S.A., the petitioner. One comment from a 
private citizen was received in response to the notice of filing. The 
petition requested that 40 CFR part 180 be amended by establishing 
tolerances for combined residues of the fungicide mepanipyrim in or on 
grape at 2.0 parts per million (ppm); grape, raisin at 4.0 ppm; 
strawberry at 1.5 ppm; and tomato at 0.5 ppm.
    Section 408(b)(2)(A)(i) of 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 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

[[Page 60821]]

408(b)(2)(C) of 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....''
    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 FFDCA and a complete 
description of the risk assessment process, see the final rule on 
Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997) (FRL-
5754-7).

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of 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 and to 
make a determination on aggregate exposure, consistent with section 
408(b)(2) of FFDCA, for tolerances for combined residues of mepanipyrim 
and its metabolite in or on grape at 1.5 ppm; grape, raisin at 3.0 ppm; 
strawberry at 1.5 ppm; and tomato at 0.5 ppm. EPA's assessment of 
exposures and risks associated with establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. The nature of the toxic effects caused by mepanipyrim are 
discussed in Table 1 of this unit as well as the no-observed-adverse-
effect-level (NOAEL) and the lowest-observed-adverse-effect-level 
(LOAEL) from the toxicity studies reviewed.

                                Table 1.--Subchronic, Chronic, and Other Toxicity
----------------------------------------------------------------------------------------------------------------
             Guideline No.                       Study Type                            Results
----------------------------------------------------------------------------------------------------------------
870.3100                                 90-Day oral toxicity        NOAEL = >= 55.9/61.3 milligrams/kilogram/
                                          rodents (rat)               day
                                                                     LOAEL = Not established
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870.3100                                 90-Day oral toxicity        NOAEL = Not established
                                          rodents (rat)              LOAEL = 109/120 mg/kg/day, based on
                                                                      increased total bilirubin, alkaline
                                                                      phosphatase, phospholipids, non-esterified
                                                                      fatty acids in males; increased fatty
                                                                      liver changes in both sexes; decreased
                                                                      food efficiency, triglycerides, and
                                                                      phospholipids and increased incidence of
                                                                      hepatic abnormalities (yellowish,
                                                                      malformative nodules, granulation,
                                                                      hepatodiaphragmatic nodule, and fatty
                                                                      change) in females.
----------------------------------------------------------------------------------------------------------------
870.3100                                 90-Day oral toxicity        NOAEL = 182/224/mg/kg/day
                                          rodents (mouse)            LOAEL = 603/675 mg/kg/day (male/female (M/
                                                                      F)), based on increased absolute and
                                                                      relative (to body) liver weights in both
                                                                      sexes, increased severity of
                                                                      anisonucleosis in male liver, and
                                                                      increased food consumption in males.
----------------------------------------------------------------------------------------------------------------
870.3150                                 90-Day oral toxicity in     NOAEL = Not established
                                          nonrodents (dog)           LOAEL = 15 mg/kg/day (M/F), based on
                                                                      increased incidences of minimal pigment
                                                                      deposition in the Kupffer cells and
                                                                      hepatocytes and increased alanine
                                                                      aminotransferase in both sexes.
----------------------------------------------------------------------------------------------------------------
870.3150                                 90-Day oral toxicity in     NOAEL = 7.5 mg/kg/day
                                          nonrodents (dog)           LOAEL = Not established
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870.3700                                 Prenatal developmental in   Maternal NOAEL = 750/mg/kg/day
                                          rodents (rat)              LOAEL was not established.
                                                                     Developmental NOAEL = 750 mg/kg/day
                                                                     LOAEL was not established.
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870.3700                                 Prenatal developmental in   Maternal NOAEL = 90/mg/kg/day
                                          nonrodents (rabbit)        LOAEL was not established.
                                                                     Developmental NOAEL = 90 mg/kg/day
                                                                     LOAEL was not established.
----------------------------------------------------------------------------------------------------------------
870.3800                                 Reproduction and fertility  Parental/Systemic NOAEL = 3.7/mg/kg/day
                                          effects (rats)             LOAEL = 11.2/12.7 mg/kg/day, based on
                                                                      increased incidence of periacinar
                                                                      hepatocytic fatty vacuolation in the P and
                                                                      F1 generation males.
                                                                     Reproductive NOAEL = 11.2/12.7 mg/kg/day
                                                                     LOAEL was not established.
                                                                     Offspring NOAEL = 3.7/4.2/mg/kg/day
                                                                     LOAEL 11.2/12.7 mg/kg/day, based on focal
                                                                      inflammation with associated hepatocytic
                                                                      vacuolation in the males, periacinar/
                                                                      panacinar hepatocytic fatty vacuolation
                                                                      and increased absolute liver eights in the
                                                                      females, and increased relative (to body)
                                                                      liver weights in both sexes.
----------------------------------------------------------------------------------------------------------------

[[Page 60822]]

 
870.3800                                 Reproduction and fertility  Parental/Systemic NOAEL was not
                                          effects (rats)              established.
                                                                     LOAEL = 10.5/12.0 mg/kg/day (M/F), based on
                                                                      increased incidence of periacinar
                                                                      hepatocytic fatty vacuolation in the F1
                                                                      males.
                                                                     Reproductive NOAEL = 141.9/165.7/mg/kg/day
                                                                      (M/F)
                                                                     LOAEL was not established.
                                                                     Offspring NOAEL = 3.7/4.2 mg/kg/day (M/F)
                                                                     LOAEL = 10.5/12.0 mg/kg/day (M/F), based on
                                                                      increased liver weights, macroscopic
                                                                      hepatic findings (accentuated lobular
                                                                      pattern and pale liver), and hepatocytic
                                                                      fatty vacuolation.
----------------------------------------------------------------------------------------------------------------
870.4300                                 Combined chronic toxicity/  NOAEL = 7.34/9.29/mg/kg/day
                                          carcinogenicity rodents    LOAEL = 100/125 mg/kg/day based on
                                          (rat)                       increased incidence of clinical signs of
                                                                      toxicity in males, decreased body weight,
                                                                      body weight gain and food efficiency in
                                                                      both sexes, and evidence of
                                                                      hepatotoxicity, nephrotoxicity, and fatty
                                                                      acid/lipid metabolism disruption in both
                                                                      sexes.
                                                                     Evidence of carcinogenicity, based on
                                                                      hepatocellular adenomas in females.
----------------------------------------------------------------------------------------------------------------
870.4100                                 Chronic toxicity dogs       NOAEL = 7.5 mg/kg/day
                                                                     LOAEL = 50 mg/kg/day (M/F), based on
                                                                      decreased body weights, body weight gains,
                                                                      and food consumption in females; increased
                                                                      leukocytes (neutrophils and lymphocytes),
                                                                      decreased erythroid series, and increased
                                                                      myeloid to erythroid ratio in both sexes;
                                                                      and indications of liver toxicity,
                                                                      including increased ALT, alkaline
                                                                      phosphatase, and ornithine carbamyl
                                                                      transferase, and lipofuscin, enlargement,
                                                                      and inflammatory infiltrate in the
                                                                      hepatocytes of both sexes.
----------------------------------------------------------------------------------------------------------------
870.4300                                 Carcinogenicity mice        NOAEL = 56/68 (M/F) mg/kg/day
                                                                     LOAEL = 578/681 mg/kg/day (M/F), based on
                                                                      decreased body weights, body weight gains,
                                                                      and food efficiency in males, absolute and
                                                                      relative to body liver weights in both
                                                                      sexes, and gross and microscopic hepatic
                                                                      lesions in both sexes.
                                                                     Evidence of carcinogenicity, based on
                                                                      hepatocellular adenomas and carcinomas in
                                                                      male and female mice.
----------------------------------------------------------------------------------------------------------------
870.5100                                 Reverse gene mutation       There was no evidence of induced mutant
                                          assay in bacteria           colonies over background.
----------------------------------------------------------------------------------------------------------------
870.5300                                 Forward gene mutation       There was no evidence that KIF 3535 induced
                                          assay in mammalian cells    mutant colonies over background in the
                                                                      <plus-minus> S9 activation.
----------------------------------------------------------------------------------------------------------------
870.5375                                 In vitro mammalian          Not clastogenic with or without S9
                                          cytogenetic assay           activation, at any dose tested.
----------------------------------------------------------------------------------------------------------------
870.5385                                 In vivo mammalian           No increase in aberrant cells were seen in
                                          cytogenetic assay           the bone marrow chromosomal aberration
                                                                      assay.
----------------------------------------------------------------------------------------------------------------
870.5395                                 In vivo mammalian           Did not induce micronucleated polychromatic
                                          cytogenetic assay           erythrocytes (PMCEs) in bone marrow at any
                                                                      dose.
----------------------------------------------------------------------------------------------------------------
870.5500                                 Bacterial DNA damage and    No evidence that DNA damage was induced.
                                          repair test
----------------------------------------------------------------------------------------------------------------
870.5550                                 UDS synthesis in mammalian  Did not induce UDS at any dose.
                                          cell culture
----------------------------------------------------------------------------------------------------------------
870.7485                                 Metabolism and              In an unacceptable rat metabolism study
                                          pharmacokinetics (rat)      mepanipyrim was readily absorbed from the
                                                                      gastrointestinal tract and about 96% of
                                                                      the administered dose was eliminated in
                                                                      feces and urine. Bile was the major route
                                                                      of excretion (72%); and less than 0.1% of
                                                                      the dose was eliminated in expired air.
                                                                      There was no sex difference in absorption
                                                                      and elimination of mepanipyrim. Parent and
                                                                      up to 16 metabolites were purported to be
                                                                      identified; however, > 5% of the
                                                                      administered dose was not accounted or
                                                                      analyzed in the excreta.
----------------------------------------------------------------------------------------------------------------
Non-guideline                            Mechanism of fatty liver    Dietary administration of 4,000 ppm KIF
                                          (rats)                      3535 to male rats may cause fatty liver by
                                                                      a mechanism inhibiting the synthesis and/
                                                                      or transport and release of VLDL from the
                                                                      liver, as demonstrated by decreased
                                                                      acetate incorporation, decreased serum
                                                                      lipid concentrations, increased liver
                                                                      lipid concentrations, decreased VLDL, LDL,
                                                                      and HDL-triglycerides and HDL-cholesterol
                                                                      levels in serum, and decreased adipose
                                                                      tissue weight.
----------------------------------------------------------------------------------------------------------------

[[Page 60823]]

 
Non-guideline                            Oxidative damage to         Measurement of liver 8-hydroxyguanine were
                                          hepatic DNA (females rats   inconsistent and not accompanied by
                                          and mice)                   vehicle control data, therefore,
                                                                      interpretation of the results were
                                                                      inconclusive.
----------------------------------------------------------------------------------------------------------------
Non-guideline                            Induction of lipid          Oral or dietary administration of the test
                                          peroxidation (female rats   compound did not induce hepatic lipid
                                          and mice)                   peroxidation as measured by thiobarbituric
                                                                      acid-reactive compounds in either female
                                                                      rats or mice in this study.
----------------------------------------------------------------------------------------------------------------
Non-guideline                            Induction of mixed          Dietary administration of mepanipyrim
                                          function oxidase (female    induced cytochrome P-450 and aminopyrine N-
                                          rats and mice)              demthylase activities in the female rat
                                                                      and aminopyrine N-demthylase activity in
                                                                      female mice.
----------------------------------------------------------------------------------------------------------------
Non-guideline                            Promotion of liver          Liver is the target organ, consistent with
                                          carcinogenesis (rats)       other studies. The test compound may/or
                                                                      may not act as a tumor promoting agent in
                                                                      the two-stage model of hepatic
                                                                      carcinogenesis utilized in the current
                                                                      study.
----------------------------------------------------------------------------------------------------------------
Non-guideline                            Liver enzyme induction      Single oral administration of 5000 mg/kg or
                                          (mice)                      multiple administrations of 3000 mg/kg/day
                                                                      KIF-3535 to male mice causes
                                                                      hepatotoxicity (increased liver weights,
                                                                      cellular hypertrophy, and increase in cell
                                                                      proliferation) and increase in liver
                                                                      metabolic enzymes (cytochrome P-450).
----------------------------------------------------------------------------------------------------------------
Non-guideline                            Liver enzyme induction      Single administration of 5,000 mg/kg or
                                          (rat)                       multiple administrations of 2,000 mg/kg
                                                                      KIF-3535 to rats caused decrease in body
                                                                      weights, hepatotoxicity (increased liver
                                                                      weights, discoloration, cellular
                                                                      hypertrophy, fatty changes, elevated GPT
                                                                      and GOT, and increase in cell
                                                                      proliferation) and increase in mild
                                                                      increase in liver metabolic enzymes
                                                                      (cytochrome P-450).
----------------------------------------------------------------------------------------------------------------

B. 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 level of concern 
(LOC). 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 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 intraspecies differences.
    Three other types of safety or uncertainty factors may be used: 
``Traditional uncertainty factors;'' the ``special FQPA safety 
factor;'' and the ``default FQPA safety factor.'' By the term 
``traditional uncertainty factor,'' EPA is referring to those 
additional uncertainty factors used prior to FQPA passage to account 
for database deficiencies. These traditional uncertainty factors have 
been incorporated by the FQPA into the additional safety factor for the 
protection of infants and children. The term ``special FQPA safety 
factor'' refers to those safety factors that are deemed necessary for 
the protection of infants and children primarily as a result of the 
FQPA. The ``default FQPA safety factor'' is the additional 10X safety 
factor that is mandated by the statute unless it is decided that there 
are reliable data to choose a different additional factor (potentially 
a traditional uncertainty factor or a special FQPA safety factor).
    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 an UF of 
100 to account for interspecies and intraspecies differences and any 
traditional uncertainty factors deemed appropriate (RfD = NOAEL/UF). 
Where a special FQPA safety factor or the default FQPA safety factor is 
used, 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 safety factor.
    For non-dietary risk assessments (other than cancer) the UF is used 
to determine the 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). An example of how such a probability risk is expressed 
would be to describe the risk as one in one hundred thousand (1 X 
10<SUP>-</SUP>\5\), one in a million (1 X 10<SUP>-</SUP>\6\), or one in 
ten million (1 X 10<SUP>-</SUP>\7\). 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 (MOE\cancer\ = point of departure/exposures) is calculated.
    A summary of the toxicological endpoints for mepanipyrim used for 
human risk assessment is shown in Table 2 of this unit:

[[Page 60824]]



       Table 2.--Summary of Toxicological Dose and Endpoints for Mepanipyrim Human Health 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                          Not available            None                     An endpoint of concern
                                                                                          attributable to a
                                                                                          single dose was not
                                                                                          identified. An acute
                                                                                          RfD was not
                                                                                          established.
----------------------------------------------------------------------------------------------------------------
Chronic Dietary all populations        NOAEL= 7.3 mg/kg/day     FQPA SF = 1X             Chronic Toxicity - Rat
                                       UF = 100...............  cPAD = chronic RfD.....  Systemic Toxicity LOAEL
                                       Chronic RfD = 0.073 mg/  FQPA SF = 0.073 mg/kg/    = 100 mg/kg/day, based
                                        kg/day.                  day.                     on increased incidence
                                                                                          of clinical signs of
                                                                                          toxicity in males,
                                                                                          decreased body weight,
                                                                                          body weight gain and
                                                                                          food efficiency in
                                                                                          both sexes, and
                                                                                          evidence of
                                                                                          hepatotoxicity,
                                                                                          nephrotoxicity, and
                                                                                          fatty acid/lipid
                                                                                          metabolism disruption
                                                                                          in both sexes.
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal, inhalation)                                                        EPA concluded that
                                                                                          mepanipyrim is
                                                                                          ``likely to be
                                                                                          carcinogenic to
                                                                                          humans.'' For risk
                                                                                          assessment purposes
                                                                                          EPA derived a Q1*=
                                                                                          1.35 x 10-\2\, based
                                                                                          on mouse liver
                                                                                          combined adenomas and
                                                                                          carcinomas.
----------------------------------------------------------------------------------------------------------------

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Mepanipyrim is a new 
chemical and these are the first tolerances to be proposed for this 
chemical. Risk assessments were conducted by EPA to assess dietary 
exposures from mepanipyrim 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. There were no toxic effects attributable to a 
single dose. An endpoint of concern was not identified to quantitate 
acute dietary risk to the general population, including infants and 
children, or to the subpopulation females 13-50 years old. Therefore, a 
quantitative acute exposure assessment was not performed.
    ii. Chronic exposure. In conducting the chronic dietary risk 
assessment EPA used the Dietary Exposure Evaluation Model software with 
the Food Commodity Intake Database (DEEM-FCID\TM\), which incorporates 
food consumption data 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 following assumptions were made for the chronic exposure 
assessments: It was assumed that 100% of the crop imported from Western 
Europe was treated and that anticipated residues based on average field 
trial data occurred on all commodities. Since the petitioner provided 
pesticide product labels limited to use in Western Europe only, it was 
assumed that use of mepanipyrim would be limited to Western Europe.
    iii. Cancer. For the cancer exposure assessment, the same 
assumptions as identified in the chronic exposure unit, Unit 
III.C.1.ii., were used. Applying the Q<INF>1</INF>* of 0.0135 (mg/kg/
day)<SUP>-</SUP>\1\ to the exposure value results in a cancer risk 
estimate of 2.6 x 10<SUP>-</SUP>\7\.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of 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) of FFDCA 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.
    Section 408(b)(2)(F) of 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 FFDCA, EPA may require registrants to submit 
data on PCT.
    The Agency used PCT information as follows: The percentage of 
imported crops from Western Europe which are consumed by the United 
States are as follows: Grapes, fresh - 1%; grape, juice - 1%; grape, 
raisin - 3.3%; strawberry, fresh - 1%; strawberry, juice - 31.5%; 
tomatoes, fresh - 1.3% and tomatoes, processed - 4%.
    The Agency believes that the three conditions listed in Unit III. 
have been met. With respect to Condition 1, the PCT estimates were 
derived from the U.S. Department of Agriculture's Economic Service and 
the U.S. Census Bureau for the period of 1981-2000 to determine the 
imported share of U.S. consumed food. Additionally, import data from 
the Foreign Agricultural Trade of the United States (FATUS) database 
which is used as the official United States source of import and export 
data served as the source to determine the percentage of imported 
grapes, strawberries, and tomatoes imported from Western Europe. Import 
data from the years 2000 to 2003 was analyzed and averaged in order to 
estimate the percentage of imports. The Agency believes this data is 
reliable as the import data was stable over a 3 year period, and the 
United States has other major sources favored for import of these 
commodities. As to Conditions 2 and 3, regional consumption information 
and consumption

[[Page 60825]]

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 mepanipyrim 
may be applied in a particular area.
    2. Dietary exposure from drinking water. The proposed tolerances 
are for imported commodities only, and there are no current or proposed 
U.S. registrations for this chemical. Therefore, there is no potential 
for exposure to mepanipyrim through drinking water, and a drinking 
water assessment was not performed.
    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). There are no products 
containing mepanipyrim proposed or registered for residential use or 
that may be applied by commercial applicators to residential sites. 
Therefore, a residential exposure assessment was not performed.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of 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.''
    Unlike other pesticides for which EPA has followed a cumulative 
risk approach based on a common mechanism of toxicity, EPA has not made 
a common mechanism of toxicity finding as to mepanipyrim and any other 
substances and mepanipyrim does not appear to produce a toxic 
metabolite produced by other substances. For the purposes of this 
tolerance action, therefore, EPA has not assumed that mepanipyrim has a 
common mechanism of toxicity with other substances. For information 
regarding EPA's efforts to determine which chemicals have a common 
mechanism of toxicity and to evaluate the cumulative effects of such 
chemicals, see the policy statements released by EPA's OPP concerning 
common mechanism determinations and procedures for cumulating effects 
from substances found to have a common mechanism on EPA's web site at 
http://www.epa.gov/pesticides/cumulative/.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of 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 postnatal 
toxicity and the completeness of the database on toxicity and exposure 
unless EPA determines based on reliable data 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. In 
applying this provision, EPA either retains the default value of 10X 
when reliable data do not support the choice of a different factor, or, 
if reliable data are available, EPA uses a different additional safety 
factor value based on the use of traditional uncertainty factors and/or 
special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. There is no quantitative or 
qualitative evidence of increased susceptibility of rat and rabbit 
fetuses to in utero exposure to mepanipyrim in developmental studies. 
There is no quantitative or qualitative evidence of increased 
susceptibility to mepanipyrim following pre-/postnatal exposure in a 2-
generation reproduction study. There is no concern for developmental 
neurotoxicity resulting from exposure to mepanipyrim. Since there was 
no observed evidence of developmental neurotoxicity in short and long-
term toxicity studies in rats, mice, and dogs, a developmental 
neurotoxicity (DNT) study is not required.
    3. Conclusion. There is a complete toxicity database for 
mepanipyrim and exposure data are complete or are estimated based on 
data that reasonably accounts for potential exposures. There is no 
evidence of susceptibility following in utero exposure in the 
developmental toxicity studies in rats or rabbits, and in the 2-
generation rat reproduction study. There are no residual uncertainties 
concerning pre- and postnatal toxicity and no neurotoxicity concerns. 
The chronic and cancer dietary food exposure assessments utilizes ARs 
calculated from field trial data and percent crop imported from Western 
Europe data for all commodities. Although refined, the assessments are 
based on reliable data and will not underestimate exposure/risk. There 
is no potential for drinking water exposure. There is no potential for 
residential exposure. Based on these data and conclusions, EPA reduced 
the FQPA Safety Factor to 1X and a developmental neurotoxicity study 
will not be required.

E. Aggregate Risks and Determination of Safety

    1. Acute risk. An acute endpoint was not identified in any of the 
toxicity studies. Therefore, no acute risk is expected from exposure to 
mepanipyrim.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that exposure to 
mepanipyrim from food will utilize < 1% of the cPAD for the U.S. 
population, < 1% of the cPAD for all infants < 1 year old, and < 1 % of 
the cPAD for children 1-2 years old. There are no residential uses for 
mepanipyrim that result in chronic residential exposure to mepanipyrim. 
There are no current or proposed U.S. registrations of mepanipyrim for 
the United States and, as a result, there is no expectation of exposure 
through drinking water. Therefore, EPA does not expect the aggregate 
exposure (dietary) to exceed 100% of the cPAD, as shown in Table 3 of 
this unit:

                     Table 3.--Summary of Chronic Dietary Exposure and Risk for Mepanipyrim
----------------------------------------------------------------------------------------------------------------
                                                                  Exposure (mg/kg/day)            % cPAD
         Population Subgroup               cPAD (mg/kg/day)    -------------------------------------------------
                                                                       DEEM-FCID                DEEM-FCID
----------------------------------------------------------------------------------------------------------------
General U.S. Population                0.73                     19                       <1
----------------------------------------------------------------------------------------------------------------

[[Page 60826]]

 
All Infants <1 year old)               0.73                     0.000006                 <1
----------------------------------------------------------------------------------------------------------------
Children 1-2 years old                 0.73                     0.000051                 <1
----------------------------------------------------------------------------------------------------------------
Children 3-5 years old                 0.73                     0.000053                 <1
----------------------------------------------------------------------------------------------------------------
Children 6-12 years old                0.73                     0.000028                 <1
----------------------------------------------------------------------------------------------------------------
Youth 13-19 years old                  0.73                     0.000013                 <1
----------------------------------------------------------------------------------------------------------------
Adults 20-49 years old                 0.73                     0.000015                 <1
----------------------------------------------------------------------------------------------------------------
Adults 50+ years old                   0.73                     0.000017                 <1
----------------------------------------------------------------------------------------------------------------
Females 13-49 years old                0.73                     0.000015                 <1
----------------------------------------------------------------------------------------------------------------

    3. Aggregate cancer risk for U.S. population. Applying the 
Q<INF>1</INF>* of 0.0135 (mg/kg/day)<SUP>-</SUP>\1\ to the exposure 
value results in a cancer risk estimate of 2.6 x 10<SUP>-</SUP>\7\. 
Therefore, estimated cancer risk is below the Agency's level of concern 
of risk in the range of 1 x 10<SUP>-</SUP>\6\.
    4. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, and toinfants and children from aggregate 
exposure to mepanipyrim residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromotography/nitrogen-
phosphorus detector (GC/NPD) method and multi-residue method (MRM)) is 
available to enforce the tolerance expression. The method may be 
requested from: Chief, Analytical Chemistry Branch, Environmental 
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone 
number: (410) 305-2905; e-mail address: <a href="/cdn-cgi/l/email-protection#30425543595445555d5544585f5443705540511e575f46"><span class="__cf_email__" data-cfemail="473522342e2332222a22332f2823340722372669202831">[email protected]</span></a>.

B. International Residue Limits

    There are currently no established Codex, Canadian or Mexican 
maximum residue limits (MRLs) for mepanipyrim.

V. Conclusion

    Therefore, the tolerances are established for combined residues of 
mepanipyrim, 4-methyl-N-phenyl-6-(1-propynyl)-2-pyrimidinamine, and its 
metabolite, 4-methyl-N-phenyl-6-(2-hydroxypropyl)-2-pyrimidinamine, 
both free and conjugated in or on grape at 1.5 ppm; grape, raisin at 
3.0 ppm; strawberry at 1.5 ppm; and tomato at 0.5 ppm.

VI. Objections and Hearing Requests

    Under section 408(g) of FFDCA, as amended by 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. Although the procedures in those regulations require 
some modification to reflect the amendments made to FFDCA by FQPA, EPA 
will continue to use those procedures, with appropriate adjustments, 
until the necessary modifications can be made. The new section 408(g) 
of FFDCA provides essentially the same process for persons to 
``object'' to a regulation for an exemption from the requirement of a 
tolerance issued by EPA under new section 408(d) of FFDCA, as was 
provided in the old sections 408 and 409 of FFDCA. However, the period 
for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number OPP-2004-0299 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 December 
13, 2004.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information 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.
    Mail your written request to: Office of the Hearing Clerk (1900L), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. You may also deliver your request to the 
Office of the Hearing Clerk in Suite 350, 1099 14\th\ St., NW., 
Washington, DC 20005. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 564-6255.
    2. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit VI.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in ADDRESSES. Mail your 
copies, identified by docket ID number OPP-2004-0299, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the 
PIRIB described in ADDRESSES. You may also send an electronic copy of 
your request via e-

[[Page 60827]]

mail to: <a href="/cdn-cgi/l/email-protection#600f10104d040f030b0514200510014e070f16"><span class="__cf_email__" data-cfemail="d2bda2a2ffb6bdb1b9b7a692b7a2b3fcb5bda4">[email protected]</span></a>. Please use an ASCII file format and avoid 
the use of special characters and any form of encryption. Copies of 
electronic objections and hearing requests will also be accepted on 
disks in WordPerfect 6.1/8.0 or ASCII file format. Do not include any 
CBI in your electronic copy. You may also submit an electronic copy of 
your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of 
FFDCA in response to a petition submitted to the Agency. 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 
petition under section 408(d) of 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 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.

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 in 40 CFR Part 180

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


    Dated: September 30, 2004.
James Jones,
Director, 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 180.604 is added to subpart C to read as follows:


Sec.  180.604  Mepanipyrim; tolerances for residues.

    (a) General. [Reserved]
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect of inadvertent residues. [Reserved]
    (e) Revoked tolerances subject to the channel of trade provisions. 
[Reserved]
    (f) Import tolerances. Tolerances are established for the combined 
residues of mepanipyrim, 4-methyl-N-phenyl-6-(1-propynyl)-2-
pyrimidinamine, and its metabolite, 4-methyl-N-phenyl-6-(2-
hydroxypropylk)-2-pyrimidinamine,

[[Page 60828]]

both free and conjugated in or on the following commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Grape......................................................          1.5
Grape, raisin..............................................          3.0
Strawberry.................................................          1.5
Tomato.....................................................          0.5
------------------------------------------------------------------------

[FR Doc. 04-22963 Filed 10-12-04; 8:45 am]
BILLING CODE 6560-50-S


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