[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Rules and Regulations]
[Pages 18543-18546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8731]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[PP 9F3855, 2F4121, 4F4413/R2121; FRL-4947-2]
RIN 2070-AB78


Sethoxydim; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes a pesticide tolerance for the 
combined residues of the herbicide sethoxydim (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 raw agricultural 
commodities (RACs) clover forage at 35 parts per million (ppm), clover 
hay at 50 ppm, almond hulls at 2.0 ppm and the crop groupings tree nuts 
at 0.2 ppm and cucurbit vegetables at 4.0 ppm. The BASF Corp. requested 
these regulations to establish maximum permissible levels for residues 
of the pesticide in or on the above commodities and crop groupings.

EFFECTIVE DATE: April 12, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 9F3855, 2F4121, 4F4413/R2121], may be 
submitted to: Hearing Clerk (1900), Environmental Protection Agency, Rm 
M3708, 401 M St., SW., Washington, DC 20460. A copy of any objections 
and hearing requests filed with the Hearing Clerk should be identified 
by the document control number and submitted 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 [[Page 18544]] copy of 
objections and hearing request to: Rm. 1132, CM #2, 1921 Jefferson 
Davis Hwy., Arlington, VA 22202. Fees accompanying objections shall be 
labeled ``Tolerance Petition Fees'' and forwarded to: EPA Headquarters 
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, 
Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail, Robert J. Taylor, Product 
Manager (PM 25), Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 241, CM #2, 1921 
Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6027; e-mail: 
<a href="/cdn-cgi/l/email-protection#b1c5d0c8dddec39fc3ded3d4c3c5f1d4c1d0dcd0d8dd9fd4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="790d180015160b570b161b1c0b0d391c091814181015571c0918571e160f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: EPA has issued notices in the Federal 
Register announcing that BASF Corp., P.O. Box 13528, Research Triangle 
Park, NC 27709-3528, had submitted pesticide petitions to EPA proposing 
to amend 40 CFR part 180 pursuant to section 408(d) of the Federal 
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), establishing 
regulations to permit the combined residues of the herbicide sethoxydim 
(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 RACs.
    1. PP 9F3855. Published in the Federal Register of June 29, 1990 
(54 FR 26751), the notice proposed establishing a regulation to permit 
residues of the herbicide on tree nuts at 0.2 ppm and almond hulls at 
2.0 ppm.
    2. PP 2F4121. Published in the Federal Register of December 30, 
1992 (57 FR 62334), the notice proposed establishing a regulation to 
permit residues of the herbicide on clover.
    3. PP 4F4413. Published in the Federal Register of February 8, 1995 
(60 FR 7541), the notice proposed establishing a regulation to permit 
residues of the herbicide on the crop grouping cucurbit vegetables at 
4.0 ppm.
    No comments were received in response to the notices of filing.
    The filing notice for PP 2F4121 should have proposed establishing a 
regulation to permit residues of the herbicide in or on clover forage 
at 35 ppm and clover hay at 50 ppm. Because clover forage and hay are 
animal feeds, not human foods, and current tolerances in livestock 
commodities will not be exceeded as a result of the proposed tolerances 
on clover forage and hay, there is no potential increase risk to 
humans. Therefore, an additional period of public comment is not 
necessary.
    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 that 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% a.i.).
    2. A 21-day dermal study with rabbits fed dosages of 0, 40, 200, 
and 1,000 mg/kg/day with a NOAEL (no-observed-adverse-effect level) of 
greater than 1,000 mg/kg/day (limit dose).
    3. A 1-year feeding study with dogs fed dosages (based on 
consumption) of 0, 8.86/9.41, 17.5/19.9, and 110/129 mg/kg/day (males/
females) with a NOEL (no-observed-effect level) of 8.86/9.41 mg/kg/day 
(males/ females) based on equivocal anemia in males and females at 
17.5/19.9 mg/kg/day, respectively.
    4. A 2-year chronic feeding/carcinogenicity study with mice fed 
dosages of 0, 6, 18, 54, and 162 mg/kg/day with no carcinogenic effects 
observed under the conditions of the study at dose levels up to and 
including 162 mg/kg/day (highest dose tested [HDT]) and a systemic NOEL 
of 18 mg/kg/day. A maximum tolerated dose (MTD) was not achieved for 
females in this study. A determination of the need for an additional 
study will be made once the replacement chronic feeding/carcinogenicity 
study in rats is evaluated.
    5. A 2-year chronic feeding/carcinogenic study with rats fed 
dosages of 0, 2, 6, and 18 mg/kg/day (HDT) with no carcinogenic effects 
observed under the conditions of the study at dosage levels up to and 
including 18 mg/kg/day (HDT) and a systemic NOEL greater than or equal 
to 18 mg/kg/day (HDT). 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 a maximum tolerated dose 
(MTD) was not achieved. This study must be repeated.
    6. A chronic feeding/carcinogenic study with rats was submitted to 
supplement the above study. Rats in this study were fed dosages of 0, 
18.2/23.0, and 55.9/71.8 mg/kg/day (males/females) with no carcinogenic 
effects observed under the conditions of the study at dose levels up to 
and including 55.9/71.8 mg/kg/day (HDT) (males/females) and a systemic 
NOEL greater than or equal to 55.9/71.8 mg/kg/day (males/females). The 
doses used were insufficient to induce a toxic response and failed to 
achieve an MTD or define a Lowest Effect Level (LEL). Slight decreases 
in body weights in the final quarter of the study, although not 
biologically significant, can support a free-standing NOAEL of 55.9/
71.8 mg/kg/day (males/females). A new study is necessary to replace 
both this study and the one discussed above.
    7. 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% 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).
    8. 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 lowest- observable-effect level (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 (HDT).
    9. A two-generation reproduction study with rats fed dosage levels 
of 0, 150, 600, and 3,000 ppm (approximately 0, 7.5, 30, and 150 mg/kg/
day) with no reproductive effects observed at 3,000 ppm (approximately 
150 mg/kg/day) (HDT). However, 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).
    10. Mutagenicity studies included: Ames Assays which were negative 
for Salmonella typhimurium strains TA98, TA100, TA1535, and TA 1537, 
with and without metabolic activity; sethoxydim did not cause 
structural chromosomal aberrations at doses up to 5,000 mg/kg in 
Chinese hamster bone marrow cells in vivo; a Host-Mediated Assay 
(mouse) with S. typhimurium was negative at 2.5 grams/kg/day of 
chemical, and recombinant assays and forward mutations in Bacillus 
subtilis, Escherichia coli, and S. typhimurium were all negative at 
concentrations of greater than or equal to 100%; an in vitro 
Unscheduled DNA Synthesis [[Page 18545]] Assay in Primary Rat 
Hepatocytes had a negative response for DNA repair (UDS) in primary rat 
hepatocyte cultures exposed up to insoluble (greater than 101 
micrograms per milliliter) and cytotoxic (507 micrograms per 
milliliter) doses.
    11. In a rat metabolism study, excretion was extremely rapid and 
tissue accumulation was negligible, assuming DMSO vehicle does not 
affect excretion or storage of NP-55 (78% excreted into urine and 20.1% 
into feces).
    The reference dose (RFD) based on a NOEL of 8.86 mg/kg bwt/day in 
the 1-year feeding study in dogs and an uncertainty factor of 100 was 
calculated to be 0.09 mg/kg bwt/day. The theoretical maximum residue 
contribution (TMRC) for existing tolerances for the overall U. S. 
population is 0.032341 mg/kg bwt/day or 35.9% of the RfD. The current 
action will increase the TMRC by 0.000563 mg/kg bwt/day. These 
tolerances and previously established tolerances utilize a total of 
36.5 percent of the RfD for the overall U.S. population. For U.S. 
subgroup populations, nonnursing infants and children aged 1 to 6, the 
current action and previously established tolerances utilize, 
respectively, a total of 62.75 percent and 73.5 percent of the ADI, 
assuming that residue levels are at the established tolerances and that 
100 percent of the crop is treated.
    Cross Reference Note: These studies are also referenced in an EPA 
proposed rule on sethoxydim appearing in the ``Proposed Rules'' section 
of this issue of the Federal Register.
    Desirable data lacking based on review of data under current 
guidelines include a repeat of the chronic feeding/carcinogenicity 
study in rats. Once the rat study is evaluated, a repeat of the mouse 
carcinogenicity study may be needed. Because the current studies, 
although unacceptable by current guidelines, provide useful information 
and these tolerances utilize less than 1 percent of the RfD, the Agency 
believes there is little risk from establishing these tolerances. Any 
additional tolerance proposals will be considered on a case-by-case 
basis.
    The pesticide is useful for the purposes for which these tolerances 
are sought and capable of achieving the intended physical or technical 
effect. The nature of the residue is adequately understood, and 
adequate analytical methods, gas chromatography using sulfur-specific 
flame photometric detection, are available for enforcement purposes. 
The method for tree nuts and cucurbits is listed in the Pesticide 
Analytical Manual, Vol. II (PAM II), as Method I. The analytical 
methods for clover forage and hay are revisions of the above method. 
Because of the long lead time from establishing these tolerances until 
publication, the enforcement methodology for clover forage and hay is 
being made available in the interim to anyone interested in pesticide 
enforcement when requested by mail from: Calvin Furlow, Public Response 
and Program Resources Branch, Field Operations Division (7506C), Office 
of Pesticide Programs, Environmenal Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number; Rm. 1130A, 
CM #2, 1921 Jefferson Davis Hwy., Arlington VA 22202.
    There are currently no actions pending against the registration of 
this chemical. Any expectation of residues occurring in eggs, milk, 
meat, fat, or meat byproducts of cattle, goats, hogs, horses, and sheep 
or poultry will be covered by existing tolerances.
    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, EPA is establishing the 
tolerances as set forth below.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections with the Hearing Clerk, at the address given above. 
40 CFR 178.20. A copy of the objections and/or hearing requests filed 
with the Hearing Clerk should be submitted to the OPP docket for this 
rulemaking. The objections submitted must specify the provisions of the 
regulation deemed objectionable and the grounds for the objections. 40 
CFR 178.25. Each objection must be accompanied by the fee prescribed by 
40 CFR 180.33(i). If a hearing is requested, the objections must 
include a statement of the factual issue(s) on which a hearing is 
requested, the requestor`s contentions on each such issue, and a 
summary of any evidence relied upon by the objector. 40 CFR 178.27. A 
request for a hearing will be granted if the Administrater 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 issue(s) in the maner sought by the requestor 
would be adequate to justify the action requested. 40 CFR 178.32.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office Of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in 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 referred to 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 the rights and obligation of recipients 
thereof; 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 the 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: March 30, 1995.

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

    Therefore, 40 CFR part 180 is 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.

    [[Page 18546]] 2. In Sec. 180.412, by revising the section heading 
and introductory texts of paragraphs (a) and (b) and by amending 
paragraph (a) in the table therein by adding and alphabetically 
inserting new entries for almond hulls; clover, forage; clover, hay; 
and tree nuts and by revising the entry for cucurbits vegetables, 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 
commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Almond hulls...............................................          2.0
                  *        *        *        *                          
Clover, forage.............................................         35.0
Clover, hay................................................         50.0
                  *        *        *        *        *                 
Cucurbits vegetables.......................................          4.0
                  *        *        *        *        *                 
Tree nuts..................................................          0.2
                  *        *        *        *        *                 
------------------------------------------------------------------------

    (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 
commodities:
*        *        *        *        *
[FR Doc. 95-8731 Filed 4-11-95; 8:45 am]
BILLING CODE 6560-50-F

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