[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Proposed Rules]
[Pages 18536-18538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10385]



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DEPARTMENT OF TRANSPORTATION
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 5E4590/P652; FRL-5363-5]
RIN 2070-AB18

Quizalofop Ethyl; Proposed Tolerance for Residues on Pineapple

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: EPA proposes to establish a tolerance for the residues of the 
herbicide quizalofop-p ethyl ester and its acid metabolite quizalofop-p 
and the S enantiomers of both the ester and the acid, all expressed as 
quizalofop-p-ethyl ester, in or on the raw agricultural commodity 
pineapple. The proposed regulation to establish a maximum permissible 
level for residues of the herbicide was requested in a petition 
submitted by the Interregional Research Project No. 4 (IR-4).
DATES: Comments, identified by the docket number [PP 5E4590/P652], must 
be received on or before May 28, 1996.

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 Highway, Arlington, VA 22202. Comments and data 
may also be submitted to OPP by sending electronic mail (e-mail) to: 
<a href="/cdn-cgi/l/email-protection#c2adb2b2efa6ada1a9a7b682a7b2a3afa3abaeeca7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="09667979246d666a626c7d496c796864686065276c7968276e667f">[email protected]</span></a>.
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect 5.1 file format or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket number [PP 5E4590/P652]. Electronic comments 
on this proposed rule may be filed online at many Federal Depository 
Libraries. Additional information on electronic submissions can be 
found in the ``SUPPLEMENTARY INFORMATION'' section of this document.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). CBI should not be 
submitted through e-mail. Information marked as CBI will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2. A copy of the comment that does not contain CBI must be submitted 
for inclusion in the public record. Information not marked confidential 
may be disclosed publicly by EPA without prior notice. All written 
comments will be available for public inspection in Rm. 1132 at the 
Virginia address given above, from 8 a.m. to 4:30 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 Highway, Arlington, VA 22202, (703) 308-8783, e-
mail: <a href="/cdn-cgi/l/email-protection#eb818a868e99988485c58384929fab8e9b8a868a8287c58e9b8ac58c849d"><span class="__cf_email__" data-cfemail="b4ded5d9d1c6c7dbda9adcdbcdc0f4d1c4d5d9d5ddd89ad1c4d59ad3dbc2">[email protected]</span></a>.
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 
petition (PP) 5E4590 to EPA on behalf of the Agricultural Experiment 
Station of Hawaii. This petition requests 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 180.441 by establishing a 
tolerance for combined residues of the herbicide quizalofop-p ethyl 
ester [ethyl (R)-(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxyl])-
propanoate], and its acid metabolite quizalofop-p [R-(2-[4-((6-
chloroquinoxalin-2yl)oxy)phenoxy]) propanoic acid], and the S 
enantiomers of both the ester and the acid, all expressed as 
quizalofop-p-ethyl ester, in or on the raw agricultural commodity 
pineapple at 0.1 part per million (ppm). IR-4 proposed that use of 
quizalofop ethyl on pineapple be limited to Hawaii 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.
    The scientific data submitted in the petition and other relevant 
material have been evaluated. The toxicological data considered in 
support of the proposed tolerance include:
    1. Several acute toxicology studies placing technical-grade 
quizalofop ethyl in Toxicity Category III.
    2. An 18-month carcinogenicity study with CD-1 mice fed diets 
containing 0, 2, 10, 80 and 320 ppm (equivalent to 0, 0.2, 1.5, 12, and 
48 mg/kg/day) with no carcinogenic effects observed under the 
conditions of the study at levels up to and including 80 ppm. There was 
an elevated incidence of hepatocellular adenomas and carcinomas 
combined in CD-1 male mice at the 320 ppm dose level, which exceeded 
the maximum tolerated dose (MTD).
    3. A 2-year chronic toxicity/carcinogenicity study in rats fed 
diets containing 0, 25, 100 and 400 ppm (equivalent to 0, 0.9, 3.7, and 
15.5 mg/kg/day for males and 0, 1.1, 4.6, and 18.6 mg/kg/day for 
females) with no carcinogenic effects observed under the conditions of 
the study. The no-observed-effect-level (NOEL) for systemic toxicity is 
established at 25 ppm (0.9 mg/kg/day) based on red blood cell 
destruction in males, and slight/minimal centrilobular enlargement of 
the liver in females at the 100 ppm dose level.
    4. A 1-year feeding study in dogs fed diets containing 0, 0.625, 
2.5, and 10 mg/kg/day with a NOEL of 10 mg/kg/day, the highest dose 
tested (HDT).
    5. A developmental toxicity study in rats fed dosage levels of 0, 
30, 100, and 300 mg/kg/day, with no developmental effects observed 
under the conditions of the study. The NOEL for maternal toxicity is 
established at 30 mg/kg/day.
    6. A developmental toxicity study in rabbits fed dosage levels of 
0, 7, 20, and 60 mg/kg/day with no developmental effects observed under 
the conditions of the study. The NOEL for maternal toxicity is 
established at 20 mg/kg/day based on decreases in food consumption and 
body weight gain at 60 mg/kg/day (HDT).
    7. A two-generation reproduction study in rats fed diets containing 
0, 25, 100 and 400 ppm (equivalent to 0, 1.25, 5, and 20 mg/kg/day with 
a NOEL for developmental toxicity at 25 ppm based on an increase in 
liver weight and increase in the incidence of eosinophillic changes in 
the liver at 100 ppm. The NOEL for parental toxicity is established at 
100 ppm based on

[[Page 18537]]

decreased body weight and premating weight gain in males at the 400 ppm 
dose level.
    8. Mutagenicity data included gene mutation assays with E. coli and 
S. typhimurium (negative); DNA damage assays with B. subtilis 
(negative); and a chromosomal aberration test in Chinese hamster cells 
(negative). OPP's Health Effects Division, Carcinogenicity Peer Review 
Committee (CPRC) has evaluated the rat and mouse cancer studies for 
quizalofop ethyl along with other relevant short-term toxicity studies, 
mutagenicity studies, and structure-activity relationships. The CPRC 
has classified quizalofop ethyl as a Group D carcinogen (not 
classifiable as to human cancer potential). The Group D classification 
is based on an approximate doubling in the incidence of male mice liver 
tumors between controls and the high dose. This finding was not 
considered strong enough to warrant the classification of a Category C 
(possible human carcinogen); the increase was of marginal statistical 
significance, occurred at a high dose which exceeded the predicted MTD, 
and occurred in a study in which the concurrent control for liver 
tumors was somewhat low as compared to the historical controls, while 
the high dose control group was at the upper end of previous historical 
control groups. No new cancer studies are required for quizalofop ethyl 
at this time.
    The Reference Dose (RfD) for quizalofop ethyl is calculated at 
0.009 mg/kg of body weight/day. The RfD is based on the NOEL of 0.9 mg/
kg/day from the 2-year rat feeding study, and a uncertainty factor of 
100. The theoretical maximum residue contribution (TMRC) from existing 
tolerances and the proposed tolerance for pineapple utilizes 2.5 
percent of the RfD for the overall U.S. population and 10.6 percent of 
the RfD for non-nursing infants (the population most highly exposed). 
EPA generally has no concern for dietary exposures below 100 percent of 
the RfD.
    The nature of the residues in livestock is adequately understood. A 
bovine feeding study using quizalofop ethyl ester shows that finite 
residues will occur from the feeding of treated commodities or their 
processed feed items. The established tolerances in milk, and in fat, 
meat, and meat byproducts of cattle, goats, and hogs, horses and sheep 
are adequate to cover secondary residues resulting from this use on 
pineapple. Food and feed tolerances are not required in association 
with this action. EPA concludes that the results of a pineapple 
processing study show that residues of quizalofop-p ethyl ester do not 
concentrate in the processed commodities juice or wet pulp (pineapple 
process residue) .
    The nature of the residue in pineapple is adequately understood for 
the purposes of this tolerance. An adequate analytical method (HPLC-UV) 
is available for enforcement purposes. Prior to its publication in the 
Pesticide Analytical Manual, Volume II (PAM II), the enforcement method 
is being made available in the interim to anyone who is interested in 
pesticide residue enforcement from: By mail, Calvin Furlow, Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone 
number: Crystal Mall #2, Rm 1128, 1921 Jefferson Davis Hwy., Arlington, 
VA 22202, telephone: 703-305-5805.
    There are presently no actions pending against the continued 
registration of this chemical.
    Based on the information and data considered, the Agency has 
determined that the tolerance established by amending 40 CFR part 180 
would protect the public health. Therefore, it is proposed that the 
tolerance 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 notice in the Federal Register that this rulemaking proposal be 
referred to an Advisory Committee in accordance with section 408(e) of 
the FFDCA.
    A record has been established for this rulemaking under docket 
number [PP 5E4590/P652] (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The public record is located in Room 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    opp-D<a href="/cdn-cgi/l/email-protection#a0cfc3cbc5d4e0c5d0c1cdc1c9cc8ec5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="711e121a1405311401101c10181d5f1401105f161e07">[email protected]</span></a>


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the Virginia address in ``ADDRESSES'' at the 
beginning of this document.
    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.
    This action does not impose any enforceable duty, or contain any 
``unfunded mandates'' as described in Title II of the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as 
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), 
entitled Enhancing the Intergovernmental Partnership, or special 
consideration as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    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

[[Page 18538]]

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: April 16, 1996.

Peter Caulkins,

Acting 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. 180.441, by adding a new paragraph (d), to read as 
follows:


Sec. 180.441  Quizalofop ethyl; tolerances for residues.

*       *       *       *       *
    (d) Tolerances with regional registration, as defined in 
Sec. 180.1(n), are established for the combined residues of the 
herbicide quizalofop-p ethyl ester [ethyl (R)-(2-[4-((6- 
chloroquinoxalin-2-yl)oxy)phenoxy)-propanoate], and its acid metabolite 
quizalofop-p [R-(2-(4((6-chloroquinoxalin-2-yl)oxy)phenoxy])propanoic 
acid], and the S enantiomers of both the ester and the acid, all 
expressed as quizalofop-p-ethyl ester, in or on the following raw 
agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Pineapple..................................................          0.1
                                                                        
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[FR Doc. 96-10385 Filed 4-25-96; 8:45 am]
BILLING CODE 6560-50-F

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