EPA REGISTRATION DIVISION CO MPANY NOTICE OF FILING FOR

PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: [insert name and telephone number with area code]

INSTRUCTIONS: Please utilize this outline in preparing the pesticide petition. In

cases where the outline element does no t apply, please insert “NA-Remove” and

maintain the outline. Please do not change the marg ins, font, or format in your pesticide petition. Simp ly replace the instructions that appear in green , i.e., “ [insert company name] ,” with the information sp ecific to your action.

TEMPLATE:

[Gowan Company]

[ PPxxxxxx]

EPA has received a pesticide petition ([PPxxxxxx]) from [Gowan Company], [370 South Main Street, Yuma, Arizona 85364] proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.

(Options (pick one)

1. by establishing a tolerance for residues of

2. to establish an exemption from th e requirement of a tolerance for

[flutolanil [N-[3-(1-methylethoxy)phen yl]-2-(trifluoromethyl)benzamide]] in or on the raw agricultural commodity [beet, sugar and beet, sugar, tops] at [0.5 & 25] parts per million (ppm). EPA has determined that the petition contains data or information regarding the elements set fo rth in section 408 (d)(2) of FDDCA; 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 da ta may be needed before EPA rules on the petition.

A. Residue Chemistry

1. Plant metabolism. [The metabolic profile of flut olanil is well understood and

has been elucidated in th ree dissimilar crops: peanuts, rice and cucumber. The metabolic profile is similar in all crops. The major route of degradation is 4'-0-2

dealkylation to desisopropylflutolanil (M-4), followed by conjugation. Other metabolites may occur at very low levels due to hydroxyl ation and oxidation of the side chain, hydroxylation of the aniline ring, and methylation of the hydroxyl groups. These minor metaboli tes were also subject to co njugation. The residues of concern are the parent (flutolanil) and M-4 (desisopropyl flutolanil). ]

2. Analytical method. [Residues of flutolanil and it s M-4 metabolite in sugar beet roots, sugar beet tops, and processe d commodities were quantitated by HPLC employing tandem mass spectrometric (MS/MS ) detection. The analytical method used was the Xenos Analytical Method: XAM-65, entitled "LC/MS Determination of Flutolanil and its Metabolite (M-4) in Cotton Seed and Corn Grain," dated December 18, 2000, with modifications da ted January 20, 2009. The method was verified on control samples of sugar beet tops and sugar beet roots prior to the analysis of RAC field samples and control sa mples of sugar beet molasses and sugar beet dried pulp concurrently with the an alysis of processed commodity samples in this study. The fortification leve ls were 0.05 (LOQ) and 0.50 ppm. Method verification recoveries ranged from 76 to 107% across all matrices. Analytical method performance was monitored through co ncurrent analysis of freshly fortified control samples along with field RAC and processed samples. Due to the small number of sugar beet processed commo dity samples, they were analyzed concurrently with correspondi ng applicable method verifi cation (molasses and dried pulp); therefore, the method verification recoveries for molasses and dried pulp served as procedural recov eries as well. Fortificat ion levels ranged from 0.05 (LOQ) to 20.0 ppm. These sa mples were extracted and analyzed according to the same procedure as the study samples. Procedural recoveries ranged from 82 to

120% across all matrices. The limit of quantitation (LOQ) was 0.05 ppm and the limit of detection (LOD) was defined as approximately 1/3 the LOQ or 0.0167 ppm. ]

3. Magnitude of residues. [Insert The results from thes e trials show that after an in-furrow at-planting application a nd a 44 to 46-day PHI foliar broadcast application of Moncut® 70-DF Fungicid e at 1.54 lb ai/A/application (1.73 kg ai/ha/application) (±5%) resid ues of flutolanil ranged fr om not detected (ND) (no detectable peak) to 0.217 ppm in/on sugar beet root RAC samples from the twelve

trial sites. Residues of the flutolanil M-4 metabolite were less than the LOD in/on sugar beet root RAC samples fr om the twelve trial sites. Residues of flutolanil ranged from 0.0656 to 17.4 ppm in/on sugar beet top RAC samples from the twelve

trial sites. Residues of the flutolanil M-4 metabolit e ranged from ND to 0.109 ppm in/on sugar beet top RAC samples from the twelve trial sites. Total combined residues (flutolanil + M-4) ranged from ND to 0.222 ppm in/on the sugar beet root RAC samples and from 0.0712 to 17.5 ppm in/on the sugar beet top RAC samples.3

Mean combined flutolanil and M-4 residues in/on the decline trial sugar beet root RAC samples and the sugar beet top RAC samples declined from 0.0790 to 0.0259 ppm and 4.96 to 1.05 ppm, respectively, across the 30 to 72 DALA sampling intervals. These data indicate that residues do not increase over the 42 day sampling period.

The results from the processing study show that after an in-furrow at-planting 5× application and a 45-day PHI foliar broad cast 5× application of Moncut® 70-DF Fungicide at 7.7 lb ai/A/application (8.63 kg ai/ha/application) mean combined

residues of flutolanil and M-4 in/on su gar beet roots were 1.19 ppm. Mean

combined residues of flutolanil and M-4 in sugar beet refined sugar were 0.125 ppm.

Mean combined residues of flutolanil a nd M-4 in sugar beet molasses were 0.362 ppm. Mean combined residues of flutolanil and M-4 in sugar beet dried pulp were 0.0814 ppm. A comparison of the residues in the RAC with those in each processed

fraction indicated that resid ues of flutolanil and M-4 do not concentrate in refined sugar, molasses, or dried pulp (concentrations factors <1).]

B. Toxicological Profile

1. Acute toxicity. [Acute toxicity data show that technical grade flutolanil has relatively low acute toxicity (Category III and IV). Fl utolanil is not a dermal sensitizer, primary eye irritant , or primary skin irritant.]

2. Genotoxicty. [The toxicological database fo r flutolanil is complete. The database contains no evidence of geno toxicity attributab le to flutolanil.]

3. Reproductive and developmental toxicity. [The Agency has set the FQPA Safety Factor for flutolan il at 1X because there was no increased sensitivity to fetuses as compared to maternal animals in the developmental rat and rabbit studies and no increased sensitivity to pups as co mpared to adults in a multi-generation reproduction study in rats.]

4. Subchronic toxicity. [Subchronic and chronic toxicity studies showed that the primary effects of flutolanil are incre ases in liver weight combined with decreases in body weight. The available data for flutolanil do not show neurotoxic, carcinogenic, nor mutagenic effects. Flutolanil is not a developmental or reproductive toxicant. There is no eviden ce of increased suscep tibility of rat or rabbit fetuses to in-utero expo sure or rat pups to post-nat al exposure to flutolanil.

No toxic effects were observed in studies in which flutol anil was administered by the dermal routes of exposure.]

5. Chronic toxicity. [Only a chronic dietary endpoint was identified for flutolanil. The Agency has selected a chronic RfD/PAD of 0.50 mg/kg/day (NOAEL = 50 mg/kg/day; Uncertainty Factor = 100). This chronic RfD/PAD is based on the chronic oral toxicity study in dogs in which increased in cidences of clinical signs (emesis, salivation, and soft stool) occurred at LOAEL = 250 mg/kg/day following 65 weeks of exposure.]4

6. Animal metabolism. [The metabolism of flutol anil has been extensively studied in various species of mammals. Studies in rats, ruminants, and poultry suggest that flutolanil is not well absorb ed following oral administration. Once absorbed, however, it is rapidly metabolized , primarily to desisopropylflutolanil and it conjugates, and rapidly excreted via urine and feces.]

7. Metabolite toxicology

. [Flutolanil does not metaboliz e to a significantly toxic

metabolite nor does it share a toxic metabo lite with any other pe sticide registered in the U.S.]

8. Endocrine disruption

. [No evidence of endocrine effects has been observed in the subchronic, chronic or reproductive studies. The potential for flutolanil to

cause endocrine effects is not considered relevant.]

C. Aggregate Exposure

1. Dietary exposure. [ 1. Dietary exposure. Sufficient residue da ta for flutolanil

are available to assess tolerances and conduc t a dietary risk assessment. No acute dietary risk assessment is necessary as no t oxic effects from a sing le oral dose have been observed in toxicology studies. A Ti er I chronic riskassessment was conducted based on the Agency’s cPAD of 0.5 mg /kg bw/day using DEEM-FCID v. 2.16. The maximum dietary risk for an y dietary subpopulation was a maximum of 2% of the cPAD (non-Hispanic, non-white, non-black).]

i. Food. [A Tier I risk analysis (toleran ce level residues assumed with 100% crop treated) was run includi ng all proposed tolerances. The addition of ginseng (dry) and Brassica leafy vegetables at presumed to lerance levels had a negligible effect on chronic dietary risk.]

ii. Drinking water. [Worst-case drinking water val ues were incl uded in the chronic dietary risk assessment described above. The drinking water residues used in the dietary risk assessment were prov ided by the Ageny in a memorandum (S.

Abel: “Flutolanil Tier II Estimated Envi ronmental Concentrat ion for Use in the Human Health Drinking WaterRisk Asse ssment, D260066, 12/13/ 99) The maximum drinking water residue of 0.00375 ppm was incorporated in the DEEM-FCID into the food categories“water, direct, all sources” and “water, indirect, all sources.”]

2. Non-dietary exposure

. Flutolanil is currently re gistered for use on the following residential non-dietary sites: Turf grass. The risk assessment was conducted using the following residential expo sure assumptions: There are nonoccupational uses associated with flutolanil. Non-occ upational handlers may mix, load, and apply flutolanil products on turf grass. These exposures were assessed for inhalation risk. Post-application inhalati on exposure following turfgrass treatment is considered negligible a nd was not assessed. Because certain flutolanil products are registered for use on residential lawns, postapplication exposure to infants may5

result in their hand-to-mouth activities on treated turf. The MOE’s for these scenarios ranged from 6.7 x 10 2 to 1.4 x 10 3 . These modeled exposures do not trigger the Agency’s Level of Concern.

D. Cumulative Effects

Flutolanil has demonstrated only minima l toxicity in anim al studies and the mechanism of this toxicity is not known. Flutolanil does not share a mechanism of toxicity with another registered pestic ide nor does it sh are a common toxic metabolite with any other registered pest icide. There are no available data to

indicate that flutolan il has a common mechanism of to xicity with other substances.]

E. Safety Determination

1. U.S. population. [An acute dietary endpoint has not been set for flutolanil by the Agency due to a lack of observable to xic effects from a single dose at any level tested. A chronic dietary risk assessment has been conducted using the Agency’s cPAD of 0.5 mg/kg bw/day. The calculated chronic daily exposure for the general US population is 0. 0.002666 mg/kg/bw/day which repres ents 0.5% of the cPAD.]

2. Infants and children

. The Agency has set the FQPA factor for flutolanil at

1X based on lack of neurotoxic and terato genic effects in chronic tests on rabbits and rats. The highest chronic risk calcul ated for any pre-teen dietary subgroup was 1.4% of the cPAD (non-nursing infants).]

F. International Tolerances

[There are no national or transnatio nal MRLs for flutolan il on sugar beets: root, tops, dried pulp, molasses, refined sugar.]