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Triflumizole (UNIROYAL). November 16, 1994. Pesticide Tolerances and Feed Additive Regulations. Final Rule. Federal Register.


http://www.epa.gov/docs/fedrgstr/EPA-PEST/1994/November/Day-16/pr-45.html

[Federal Register: November 16, 1994]


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186

[PP 6F3372 and FAP 6H5497/R2085; FRL-4917-8] RIN 2070-AB78

Pesticide Tolerances and Feed Additive Regulations for Triflumizole

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: This rule establishes tolerances for the combined residues of the fungicide triflumizole and its metabolites in or on various agricultural commodities. Uniroyal Chemical Co. petitioned for these maximum permissible levels for residues of the fungicide. EFFECTIVE DATE: October 31, 1994.

ADDRESSES: Written objections and hearing requests, identified by the document control number, [PP 6F3372 and FAP 6H5497/R2085], 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 a copy of the objections and hearing requests 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: Leonard S. Cole, Jr., Acting Product Manager (PM) 21, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: Rm. 227, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6900.

SUPPLEMENTARY INFORMATION: EPA issued a notice, published in the Federal Register of March 19, 1986 (51 FR 9514), which announced that Uniroyal Chemical Co. (Uniroyal), 74 Amity Rd., Bethany, CT 06542-3402, had submitted pesticide petition (PP) 6F3372 proposing to amend 40 CFR part 180 by establishing tolerances for the combined residues of the fungicide triflumizole, 1-(1-((4-chloro-2- (trifluoromethyl)phenyl)imino)-2-propoxyethyl)-1H-imidazole and its aniline-containing metabolites 4-chloro-2-trifluoromethylaniline, N-4- chloro-2-trifluoromethylaniline and N-(4-chloro-2- trifluoromethylphenyl)-propoxyacetamide, in or on the following commodities: apples at 0.1 part per million (ppm); cattle, fat, meat, and meat byproducts (mbyp) at 0.05 ppm; grapes at 0.3 ppm; hogs, fat, meat, and mbyp at 0.05 ppm; milk at 0.05 ppm; pears at 0.1 ppm; and poultry, eggs, fat, meat, and mbyp at 0.05 ppm. Uniroyal also submitted feed additive petition (FAP) 6H5497 proposing to amend 21 CFR part 193 (redesignated in the Federal Register of June 29, 1988 (53 FR 24666), as 40 CFR part 186) by establishing a regulation permitting the combined residues of the fungicide described above in or on the following commodities: apples, dried at 3.0 ppm; apple pomace, dry at 1.0 ppm; apple pomace, wet at 3.0 ppm; grape juice at 1.0 ppm; grape pomace, dry at 1.0 ppm; grape pomace, wet at 4.0 ppm; raisins at 1.0 ppm; and raisin waste at 2.0 ppm.
Uniroyal amended these petitions, as announced in the Federal Registers of October 5, 1988 (53 FR 39131), March 10, 1993 (58 FR 13262), and October 21, 1993 (58 FR 54350). These amendments changed the tolerances to the following: apples at 0.5 ppm; grapes at 2.5 ppm; pears at 0.5 ppm; meat of cattle, goats, hogs, horses, poultry, and sheep at 0.05 ppm; milk, eggs, and poultry fat at 0.05 ppm; meat byproducts of poultry at 0.1 ppm; meat by-products and fat of cattle, goats, hogs, horses, and sheep at 0.5 ppm; apple pomace at 2.0 ppm; grape pomace at 15.0 ppm; and raisin waste at 10.0 ppm. Uniroyal also changed the chemical expression for the fungicide to combined residues of the fungicide triflumizole, 1-(1-((4-chloro-2- (trifluoromethyl)phenyl)imino)-2-propoxyethyl)-1H-imidazole, the metabolite 4-chloro-2-hydroxy-6-trifluoromethylaniline sulfate (in raw agricultural commodities of animal origin only), and other metabolites containing the 4-chloro-2-trifluoromethylaniline moiety, calculated as the parent compound.
No comments were received in response to any of the above Federal Register notices.
The scientific data submitted in the petition and other relevant material have been evaluated. By way of public reminder, this notice also reiterates the registrant's responsibility, under section 6(a)(2) of FIFRA, to submit additional factual information regarding adverse effects on the environment and to human health by the pesticide. The toxicological data considered in support of the tolerances include:

  1. A 2-year rat feeding chronic toxicity/carcinogenicity study (negative for carcinogenicity) with a no-observable-effect level (NOEL) for liver effects [lowest dose tested was 100 ppm (4.1 mg/kg/day)].
  2. A 2-year mouse feeding/carcinogenicity study (negative for carcinogenicity) with a systemic NOEL of 100 ppm (16.2 mg/kg/day for males, 21.7 mg/kg/day for females) and an LEL of 400 ppm (67.4 mg/kg/ day for males, 88.1 mg/kg/day for females).
  3. A 3-month feeding study in rats with a NOEL of 200 ppm (10 mg/ kg/day) and a lowest-effect-level (LEL) of 2,000 ppm (100 mg/kg/day).
  4. A 3-month feeding study with mice with a NOEL of 200 ppm (30 mg/ kg/day) and an LEL of 2,000 ppm (300 mg/kg/day).
  5. A 30-day feeding study with rats with a NOEL of 200 ppm (10 mg/ kg/day) and an LEL of 2,000 ppm (100 mg/kg/day).
  6. A 30-day feeding study with mice with a NOEL of 200 ppm (30 mg/ kg/day and an LEL of 2,000 ppm (300 mg/kg/day).
  7. A 1-year feeding study with beagle dogs with a NOEL of 300 ppm (10.0 mg/kg/day for males, 10.7 mg/kg/day for females) and an LEL of 1,000 ppm (34.1 mg/kg/day for males, 35.2 mg/kg/day for females).
  8. Three developmental toxicity studies in rats (considered together) with a maternal NOEL of 10 mg/kg/day and maternal LEL of 35 mg/kg/ day. The developmental toxicity NOEL was 10 mg/kg/day, and the developmental toxicity LEL was 10 mg/kg/day.
  9. Two developmental toxicity studies in rabbits (considered together) with a maternal NOEL of 50 mg/kg/day and a maternal LEL of 100 mg/kg/day. The developmental toxicity NOEL was 50 mg/kg/day and the developmental toxicity LEL was 100 mg/kg/day.
  10. Two three-generation reproduction studies in rats (when considered together) with a reproductive toxicity NOEL of 30 ppm (1.5 mg/kg/day) and a reproductive toxicity LEL of 70 ppm (3.5 mg/kg/day). Triflumizole is considered a reproductive toxicant.
  11. Triflumizole was negative for mutagenicity in the mitotic gene conversion test, rec assay test, in vitro mouse micronucleus test, reverse mutation in Salmonella and E. coli test and unscheduled DNA synthesis test.
    The Office of Pesticide Programs' Health Effects Division Carcinogenicity Peer Review Committee has classified triflumizole in Group E (evidence of non-carcinogenicity for humans). This classification is based on the Agency's Guidelines for Carcinogen Risk Assessment published in the Federal Register of September 24, 1986 (51 FR 33992). The Agency has chosen to use the reference dose calculations based upon chronic toxicity effects to estimate human dietary risk from triflumizole residues since carcinogenicity is not a concern with this chemical. Additionally, an estimate of human dietary risk for acute effects was determined using a reference dose based upon the NOEL taken from three developmental toxicity studies in the rat considered together.
    The reference dose (RfD) for chronic effects was established at 0.015 mg/kg body weight/day, based on the NOEL of 1.5 mg/kg/day for the three-generation reproductive toxicity study in rats and an uncertainty factor of 100. The Theoretical Maximum Residue Contribution (TMRC) is estimated at 0.002221 mg/kg bodyweight/day and utilizes 14.8 percent of the RfD for the general population of the 48 States. The percentages of the RfD for the most highly exposed subgroups, nonnursing infants (less than 1 year old) and children (1 to 6 years old), are 61.2and 41.2, respectively. The TMRC was calculated based on the assumption that triflumizole occurs at the maximum legal limit in all of the dietary commodities for which tolerances are proposed. Even with this probable large overestimate of exposure/risk, the TMRC is well below the RfD for the population as a whole and for each of the 22 subgroups considered. Thus, there does not appear to be any dietary concern due to chronic effects.
    The acute exposure analysis evaluates individual food consumption and estimates the distribution of single day exposures through the diet for the U.S. population and certain subgroups. The analysis assumes uniform distribution of triflumizole in the commodity supply. Since the toxicological effect to which high end exposure is being compared in this analysis is developmental toxicity, the population group of interest is females aged 13 years and above. This subgroup most closely approximates women of child bearing age. The Margin of Exposure (MOE) is a measure of how closely the high end exposure comes to the NOEL and is calculated as the ratio of the NOEL to the exposure. The Agency is not generally concerned about MOEs of 100 or above when the toxicological endpoint to which the exposure is compared is taken from an animal study. In this acute exposure analysis, the calculated exposure of those individuals most highly exposed (0.02 mg/kg bwt/day) was compared to the NOEL of 10 mg/kg bwt/day to get an MOE of at least
  12. This means that those individuals most highly exposed to triflumizole through these proposed uses would receive at most 1/500th of the dose that represents the NOEL in animals for developmental toxicity. Less than 112f the population of females 13 years and over would be exposed to triflumizole at levels of 0.02 mg/kg bwt/day or greater. Based on the risk estimates arrived at in this analysis, it appears that acute dietary risk from the proposed uses of triflumizole is not of concern.
    The nature of the residue in plants and animals is adequately understood, and adequate analytical methods are available for enforcement purposes. The enforcement methodology has been submitted to the Food and Drug Administration for publication in the Pesticide Analytical Manual, Vol. II (PAM II). Because of the long lead time for publication of the method in PAM II, the analytical methodology is 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 Division (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)-305-5232. The pesticide is considered useful for the purpose for which the tolerances are sought. Based on the information and data considered, the Agency has determined that the tolerances established by amending 40 CFR parts 180 and 186 will protect the public health. Therefore, the tolerances are established 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 to the regulation and may also request a hearing on those objections. Objections and hearing requests must be filed 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 such issues, 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 Administrator determines that the material submitted shows the following: There is 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). 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 and 186

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

    Dated: October 31, 1994.

    Daniel M. Barolo,
    Director, Office of Pesticide Programs.

    Therefore, chapter I of the title 40 of the Code of Federal Regulations is amended as follows:

    PART 180--[AMENDED]

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

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

      b. By adding new Sec. 180.476, to read as follows:

      Sec. 180.476 Triflumizole; tolerances for residues.

      (a) Tolerances are established for the combined residues of the fungicide triflumizole, 1-(1-((4-chloro-2- (trifluoromethyl)phenyl)imino)-2-propoxyethyl)-1H-imidazole, and its metabolites containing the 4-chloro-2-trifluoromethylaniline moiety, calculated as the parent compound, in or on the following raw agricultural commodities:


                                                                    Parts per 
                               Commodity                             million  
      

      Apples..................................................... 0.5 Grapes..................................................... 2.5

      Pears...................................................... 0.5

      (b) Tolerances are established for the combined residues of the fungicide triflumizole, 1-(1-((4-chloro-2- (trifluoromethyl)phenyl)imino)-2-propoxyethyl)-1H-imidazole, the metabolite 4-chloro-2-hydroxy-6-trifluoromethylaniline sulfate, and other metabolites containing the 4-chloro-2-trifluoromethylaniline moiety, calculated as the parent compound, in or on the following raw agricultural commodities of animal origin:


                                                                    Parts per 
                               Commodity                             million  
      

      Cattle, fat................................................ 0.5
      Cattle, meat                                                        0.05
      
      Cattle, mbyp............................................... 0.5 Eggs....................................................... 0.05 Goats, fat................................................. 0.5 Goats, meat................................................ 0.05 Goats, mbyp................................................ 0.5 Hogs, fat.................................................. 0.5 Hogs, meat................................................. 0.05 Hogs, mbyp................................................. 0.5 Horses, fat................................................ 0.5 Horses, meat............................................... 0.05 Horses, mbyp............................................... 0.5 Milk....................................................... 0.05 Poultry, fat............................................... 0.05 Poultry, meat.............................................. 0.05 Poultry, mbyp.............................................. 0.1 Sheep, fat................................................. 0.5 Sheep, meat................................................ 0.05

      Sheep, mbyp................................................ 0.5

      PART 186--[AMENDED]

      2. In part 186:
      a. The authority citation for part 186 continues to read as follows:

      Authority: 21 U.S.C. 348.

      b. By revising Sec. 186.5850, to read as follows:

      Sec. 186.5850 Triflumizole.

      Tolerances are established for the combined residues of the fungicide triflumizole, 1-(1-((4-chloro-2- (trifluoromethyl)phenyl)imino)-2-propoxyethyl)-1H-imidazole, and its metabolites containing the 4-chloro-2-trifluoromethylaniline moiety, calculated as the parent compound, in or on the following processed feed commodities when present therein as a result of application to growing crops:


                                                                    Parts per 
                               Commodity                             million  
      

      Apple pomace............................................... 2.0 Grape pomace............................................... 15.0

      Raisin waste............................................... 10.0

      [FR Doc. 94-28141 Filed 11-15-94; 8:45 am] BILLING CODE 6560-50-F