[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13941-13943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6419]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 0E3909, 2E4052, 2E4065, 2E4092, and 3E4162/P602; FRL-4936-1]
RIN 2070-AC18


Pesticide Tolerances for 2-[1-(Ethoxyimino)Butyl]-5-[2-
(Ethylthio)Propyl]-3-Hydroxy-2-Cyclohexen-1-One

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to establish time limited tolerances for the 
combined residues of the herbicide 2-[1-(ethoxyimino)butyl]-5-[2-
(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one (also referred to in 
this document as sethoxydim) and its metabolites in or on various raw 
agricultural commodities. The Interregional Research Project No. 4 (IR-
4) requested the proposed regulation to establish maximum permissible 
levels for residues of the herbicide. These time-limited tolerances 
would expire on December 31, 1996.

DATES: Comments, identified by the document control number [PP 0E3909, 
2E4052, 2E4065, 2E4092, and 3E4162/P602], must be received on or before 
April 14, 1995.

ADDRESSES: By mail, submit written comments to: Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, bring comments to: Rm. 1132, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA 22202.
    Information submitted as a comment concerning this notice may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). Information so marked 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 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson, 
Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Sixth Floor, Crystal Station #1, 
2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783.

SUPPLEMENTARY INFORMATION: The Interregional Research Project No. 4 
(IR-4), New Jersey Agricultural Experiment Station, P.O. Box 231, 
Rutgers University, New Brunswick, NJ 08903, has submitted pesticide 
petitions (PP) 0E3909, 2E4052, 2E4065, 2E4092, and 3E4162 to EPA on 
behalf of the named Agricultural Experiment Stations.
    These petitions request that the Administrator, pursuant to section 
408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 
346a(e), amend 40 CFR 180.412 by establishing time-limited tolerances 
for combined residues of the herbicide 2-[1-(ethoxyimino)butyl]-5-[2-
(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one) and its metabolites 
containing the 2-cyclohexen-1-one moiety (calculated as the herbicide) 
in or on certain raw agricultural commodities as follows:
    1. PP 0E3909. Petition submitted on behalf of the Experimental 
Stations of Massachusetts, Washington, and [[Page 13942]] Wisconsin 
proposing a tolerance for cranberry at 2.0 parts per million (ppm).
    2. PP 2E4052. Petition submitted on behalf of the Experimental 
Stations of South Dakota and Washington proposing tolerances for 
peppermint and spearmint at 30 ppm.
    3. PP 2E4065. Petition submitted on behalf of the Experimental 
Station of Florida proposing a tolerance for endive at 2.0 ppm. The 
petitioner proposed that use of sethoxydim on endive be limited to 
Florida based on the geographical representation of the residue data 
submitted. Additional residue data will be required to expand the area 
of usage. Persons seeking geographically broader registration should 
contact the Agency's Registration Division at the address provided 
above.
    4. PP 2E4092. Petition submitted on behalf of the Experimental 
Stations of California, Florida, Maryland, Michigan, New Jersey, North 
Carolina, and Tennessee proposing a tolerance for carrot at 1.0 ppm.
    5. PP 3E4162. Petition submitted on behalf of the Experimental 
Stations of Arkansas, Arizona, Michigan, North Carolina, Oklahoma, and 
Washington proposing a tolerance for asparagus at 4.0 ppm.
    The scientific data submitted in the petitions and other relevant 
material have been evaluated. The toxicological data considered in 
support of the proposed tolerances include:
    1. Several acute toxicology studies place technical sethoxydim in 
acute toxicity category IV for primary eye and dermal irritation and 
acute toxicity category III for acute oral, dermal, and inhalation. The 
dermal sensitization - guinea pig study was waived because no 
sensitization was seen in guinea pigs dosed with the end-use product 
Poast (18 percent a.i.).
    2. A 1-year feeding study with dogs fed diets containing 0, 8.86/
9.41, 17.5/19.9, and 110/129 milligrams (mg)/kilogram (kg)/day (males/
females) with a no-observed-effect-level (NOEL) of 8.86/9.41 mg/kg/day 
(males/females) based on equivocal anemia in male dogs at the 17.5-mg/
kg/day dose level.
    3. A 2-year chronic feeding/carcinogenicity study with mice fed 
diets containing 0, 40, 120, 360, and 1,080 ppm (equivalent to 0, 6, 
18, 54, and 162 mg/kg/day) with a systemic NOEL of 120 ppm (18 mg/kg/
day) based on non-neoplastic liver lesions in male mice at the 360-ppm 
(54 mg/kg/day) dose level. There were no carcinogenic effects observed 
under the conditions of the study. The maximum tolerated dose (MTD) was 
not achieved in female mice.
    4. A 2-year chronic feeding/carcinogenic study with rats fed diets 
containing 0, 2, 6, and 18 mg/kg/day with a systemic NOEL greater than 
or equal to 18 mg/kg/day (highest dose tested). There were no 
carcinogenic effects observed under the conditions of the study. This 
study was reviewed under current guidelines and was found to be 
unacceptable because the doses used were insufficient to induce a toxic 
response and an MTD was not achieved.
    5. A second chronic feeding/carcinogenic study with rats fed diets 
containing 0, 360, and 1,080 ppm (equivalent to 18.2/23.0, and 55.9/
71.8 mg/kg/day (males/females). The dose levels were too low to elicit 
a toxic response in the test animals and failed to achieve an MTD or 
define a lowest effect level (LEL). Slight decreases in body weight in 
rats at the 1,080-ppm dose level, although not biologically 
significant, support a free-standing no-observed-adverse-effect-level 
(NOAEL) of 1,080 ppm (55.9/71.8 mg/kg/day (males/females)). There were 
no carcinogenic effects observed under the conditions of the study.
    6. A developmental toxicity study in rats fed dosages of 0, 50, 
180, 650, and 1,000 mg/kg/day with a maternal NOAEL of 180 mg/kg/day 
and a maternal LEL of 650 mg/kg/day (irregular gait, decreased 
activity, excessive salivation, and anogenital staining); and a 
developmental NOAEL of 180 mg/kg/day, and a developmental LEL of 650 
mg/kg/day (21 to 22 percent decrease in fetal weights, filamentous 
tail, and lack of tail due to the absence of sacral and/or caudal 
vertebrae, and delayed ossification in the hyoids, vertebral centrum 
and/or transverse processes, sternebrae and/or metatarsals, and pubes).
    7. A developmental toxicity study in rabbits fed doses of 0, 80, 
160, 320, and 400 mg/kg/day with a maternal NOEL of 320 mg/kg/day and a 
maternal LOEL of 400 mg/kg/day (37% reduction in body weight gain 
without significant differences in group mean body weights and 
decreased food consumption during dosing); and a developmental NOEL 
greater than 400 mg/kg/day (highest dose tested).
    8. A two-generation reproduction study with rats fed diets 
containing 0, 150, 600, and 3,000 ppm (approximately 0, 7.5, 30, and 
150 mg/kg/day) with no reproductive effects observed under the 
conditions of the study.
    Although the dose levels were insufficient to elicit a toxic 
response, the Agency considers this study usable for regulatory 
purposes and has established a free-standing NOEL of 3,000 ppm 
(approximately 150 mg/kg/day).
    9. Mutagenicity studies including: Ames assays were negative for 
gene mutation in Salmonella typhimurium strains TA98, TA100, TA1535, 
and TA 1537, with and without metabolic activity; a Chinese hamster 
bone marrow cytogenetic assay was negative for structural chromosomal 
aberrations at doses up to 5,000 mg/kg in Chinese hamster bone marrow 
cells in vivo; and recombinant assays and forward mutations tests in 
Bacillus subtilis, Escherichia coli, and S. typhimurium were all 
negative for genotoxic effects at concentrations of greater than or 
equal to 100 percent.
    10. In a rat metabolism study, excretion was extremely rapid and 
tissue accumulation was negligible.
    The reference dose (RFD) is calculated at 0.09 mg/kg of body 
weight/day, based on a NOEL of 8.86 mg/kg/day from the 1-year feeding 
study in dogs and an uncertainty factor of 100. The theoretical maximum 
residue contribution (TMRC) from existing tolerances for the overall 
U.S. population is estimated at 0.031961 mg/kg of body weight/day, or 
36% of the RfD. The proposed tolerances for asparagus, carrot, 
cranberry, endive, peppermint, and spearmint will increase the TMRC by 
0.000701 mg/kg of body weight/day and will utilize less than 1 percent 
of the RfD for the overall U.S. population. EPA estimates indicate that 
dietary exposure will not exceed the RfD for any population subgroup 
for which EPA has data.
    These tolerances are proposed as time-limited tolerances since an 
acceptable carcinogenicity study is needed in one rodent species. A 
repeat chronic feeding/carcinogenicity study in rats is underway and is 
due to be submitted to EPA in November of 1995. The Agency will 
reassess sethoxydim tolerances based on the outcome of the rat chronic 
feeding/carcinogenicity study and, if appropriate, will establish 
permanent tolerances for asparagus, carrot, cranberry, endive, 
peppermint and spearmint. In the interim, the Agency concludes that 
there is little risk from establishment of the proposed tolerances 
since available studies in rats and mice indicate no carcinogenic 
effects, there are adequate data to establish a RfD, existing 
tolerances and the proposed tolerances do not exceed the RfD, and the 
proposed tolerances utilize less than 1 percent of the RfD.
    The nature of the residue is adequately understood, and adequate 
analytical methods are available for enforcement purposes. Enforcement 
methods for sethoxydim are listed in the Pesticide Analytical Manual, 
Vol. II (PAM II). Enforcement methods have [[Page 13943]] also been 
submitted to the Food and Drug Administration for publication in PAM 
II. Because of the long lead time for publication of the analytical 
methods in PAM II, the analytical methods are being made available in 
the interim to anyone interested in pesticide enforcement when 
requested from: Calvin Furlow, Public Response and Program Resources 
Branch, Field Operations Divisions (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 1132, CM #2, 1921 
Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-5937.
    There is no reasonable expectation that secondary residues will 
occur in milk, eggs or meat of livestock and poultry from the proposed 
uses of sethoxydim on asparagus, cranberries, endive, and mint; there 
are no livestock feed items associated with these commodities. Any 
secondary residues occurring in meat, fat, meat byproducts and milk of 
cattle, goats, hogs, horses and sheep from the proposed use on carrots 
will be covered by existing tolerances. There are no residues expected 
to occur in poultry meat, meat byproducts, fat or eggs since carrots 
are not considered a poultry feed item.
    Based on the information and data considered, the Agency has 
determined that the tolerances established by amending 40 CFR part 180 
would protect the public health. Therefore, it is proposed that the 
tolerances be established as set forth below.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after publication 
of this document in the Federal Register that this rulemaking proposal 
be referred to an Advisory Committee in accordance with section 408(e) 
of the FFDCA.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [PP 0E3909, 2E4052, 2E4065, 2E4092, and 
3E4162/P602]. All written comments filed in response to these petitions 
will be available in the Public Response and Program Resources Branch, 
at the address given above from 8 a.m. to 4 p.m., Monday through 
Friday, except legal holidays.
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to all the requirements of the Executive Order (i.e., 
Regulatory Impact Analysis, review by the Office of Management and 
Budget (OMB)). Under section 3(f), the order defines ``significant'' as 
those actions likely to lead to a rule (1) having an annual effect on 
the economy of $100 million or more, or adversely and materially 
affecting a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities (also known as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs; or (4) raising novel legal or policy issues 
arising out of legal mandates, the President's priorities, or the 
principles set forth in this Executive Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

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

    Dated: February 28, 1995.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 346a and 371.

    2. In Sec. 180.412, by revising the section heading and the 
introductory text of paragraphs (a) and (b) to correct the spelling of 
the chemical name and by adding new paragraphs (c) and (d), to read as 
follows:


Sec. 180.412   2-[1-(Ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-
hydroxy-2-cyclohexen-1-one; tolerances for residues.

    (a) Tolerances are established for the combined residues of the 
herbicide 2-[1(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one) and its metabolites containing the 2-cyclohexen-1-one 
moiety (calculated as the herbicide) in or on the following raw 
agricultural commodities:
*      *      *      *      *
    (b) Tolerances with regional registration, as defined in 
Sec. 180.1(n), are established for the combined residues of the 
herbicide 2-[1-(ethoxyimino) butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-
2-cyclohexen-1-one) and its metabolites containing the 2-cyclohexen-1-
one moiety (calculated as the herbicide) in or on the following raw 
agricultural commodities:
*      *      *      *      *
    (c) Time-limited tolerances to expire December 31, 1996, are 
established for combined residues of the herbicide 2-[1-
(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
one) and its metabolites containing the 2-cyclohexen-1-one moiety 
(calculated as the herbicide) in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Asparagus..................................................          4.0
Carrot.....................................................          1.0
Cranberry..................................................          2.0
Peppermint.................................................         30.0
Spearmint..................................................         30.0
------------------------------------------------------------------------

    (d) Time-limited tolerances to expire December 31, 1996, are 
established with regional registration, as defined in Sec. 180.1(n), 
for combined residues of the herbicide 2-[1-(ethoxyimino)butyl]-5-[2-
(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one) and its metabolites 
containing the 2-cyclohexen-1-one moiety (calculated as the herbicide) 
in or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Endive.....................................................          2.0
                                                                        
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[FR Doc. 95-6419 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-50-F