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18008 Federal Register / Vol. 70, No.

67 / Friday, April 8, 2005 / Notices

Country Crop MRL (ppm)

Argentina Soybean Sunflower 0.015 0.02

Brazil Soybean 0.05

France Grape 0.05

Paraguay Soybean 0.015

South Africa Soybean Groundnut 0.02 0.02

Spain Soybean Peanut 0.05 0.05

[FR Doc. 05–6852 Filed 4–7–05; 8:45 am] • Food manufacturing (NAICS 311) access the index listing of the contents
BILLING CODE 6560–50–S • Pesticide manufacturing (NAICS of the official public docket, and to
32532) access those documents in the public
This listing is not intended to be docket that are available electronically.
ENVIRONMENTAL PROTECTION exhaustive, but rather provides a guide Although not all docket materials may
AGENCY for readers regarding entities likely to be be available electronically, you may still
affected by this action. Other types of access any of the publicly available
[OPP–2005–0016; FRL–7703–7]
entities not listed in this unit could also docket materials through the docket
Metconazole; Notice of Filing a be affected. The North American facility identified in Unit I.B.1. Once in
Pesticide Petition to Establish a Industrial Classification System the system, select ‘‘search,’’ then key in
Tolerance for a Certain Pesticide (NAICS) codes have been provided to the appropriate docket ID number.
Chemical in or on Food assist you and others in determining Certain types of information will not
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AGENCY: Environmental Protection certain entities. If you have any Information claimed as CBI and other
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ACTION: Notice. this action to a particular entity, consult restricted by statute, which is not
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SUMMARY: This notice announces the INFORMATION CONTACT.
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Document and Other Related policy is that copyrighted material will
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Information? not be placed in EPA’s electronic public
pesticide chemical in or on various food
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DATES: Comments, identified by docket docket. To the extent feasible, publicly
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0016. The official public docket consists available docket materials will be made
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Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices 18009

version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is
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delivered to the docket will be system is an ‘‘anonymous access’’ the comment that does not contain the
transferred to EPA’s electronic public system, which means EPA will not information claimed as CBI must be
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due to technical difficulties or needs Number OPP–2005–0016. Such EPA has received a pesticide petition
further information on the substance of deliveries are only accepted during the as follows proposing the establishment
your comment. EPA’s policy is that EPA docket’s normal hours of operation as and/or amendment of regulations for
will not edit your comment, and any identified in Unit I.B.1. residues of a certain pesticide chemical
identifying or contact information in or on various food commodities
provided in the body of a comment will D. How Should I Submit CBI to the under section 408 of the Federal Food,
be included as part of the comment that Agency? Drug, and Cosmetic Act (FFDCA), 21
is placed in the official public docket, Do not submit information that you U.S.C. 346a. EPA has determined that
and made available in EPA’s electronic consider to be CBI electronically this petition contains data or
public docket. If EPA cannot read your through EPA’s electronic public docket information regarding the elements set
comment due to technical difficulties or by e-mail. You may claim forth in FFDCA section 408(d)(2);
and cannot contact you for clarification, information that you submit to EPA as however, EPA has not fully evaluated
EPA may not be able to consider your CBI by marking any part or all of that the sufficiency of the submitted data at
comment. information as CBI (if you submit CBI this time or whether the data support
i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside granting of the petition. Additional data
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comments to EPA electronically is identify electronically within the disk or petition.

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18010 Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices

List of Subjects residues in whole bananas and banana 136184 technical (greater than 95% cis
Environmental protection, pulp is submitted to EPA with this isomer) were tested in an extensive
Agricultural commodities, Feed petition. Quantitation of residues of battery of in vitro and in vivo
additives, Food additives, Pesticides metconazole in bananas is by gas genotoxicity assays measuring several
and pests, Reporting and record keeping chromatography with a nitrogen- different endpoints of potential
requirements. phosphorus detector. This genotoxicity. Collective results from
independently validated method is these studies indicate that metconazole
Dated: March 28, 2005. appropriate for the enforcement does not pose a genotoxic risk, and
Lois Rossi, purposes of this petition. therefore, is not likely to be a genotoxic
Director, Registration Division, Office of
3.Magnitude of residues. Residue field carcinogen.
Pesticide Programs. trials were conducted in representative 3.Reproductive and developmental
countries exporting the commodities of toxicity. Developmental toxicity studies
Summary of Petition this petition to the United States. in rats conducted with AC 900768
The petitioner summary of the Twelve field trials were conducted with technical and WL 136184 technical
pesticide petition is printed below as bagged and unbagged bananas, with showed no evidence of teratogenic
required by FFDCA section 408(d)(3). three sites located in each of four effects in fetuses, and no evidence of
The summary of the petition was countries, Ecuador, Honduras, Costa developmental toxicity in the absence of
prepared by the petitioner and Rica, and Mexico. The residue values maternal toxicity. Thus, metconazole is
represents the view of the petitioner. reported from these field trials were all neither a selective developmental
The petition summary announces the less than the proposed tolerance of 0.05 toxicant nor a teratogen in the rat. In the
availability of a description of the ppm for whole bananas. No processing rat developmental toxicity study with
analytical methods available to EPA for study is included with this petition as AC 900768 technical, the no-observable-
the detection and measurement of the bananas have no processed commodities adverse-effect-level (NOAEL) for
pesticide chemical residues or an according to the EPA Residue Chemistry maternal toxicity was 12 mg/kg b.w./
explanation of why no such method is Test Guidelines. day, based on decreased body weight
needed. B. Toxicological Profile gain at 30 mg/kg b.w./day, the next
Kureha Chemical Industry Co., Ltd A complete, valid and reliable highest dose tested, and the NOAEL for
database of mammalian and genetic developmental toxicity was also 12 mg/
PP 9E5052 toxicology studies supports the kg b.w./day, based on decreased fetal
EPA has received a pesticide petition proposed tolerance for metconazole on body weights and an increased
(PP 9E5052) from Kureha Chemical bananas. Two geometric isomers of incidence of skeletal ossification
Industry Co., Ltd, c/o Company Agent, metconazole exist, with the fungicidal variations at 30 mg/kg b.w./day. In the
BASF Corporation, P.O. Box 13528, activity being associated primarily with rat developmental toxicity study
Research Triangle Park, NC, 27704-3528 the cis isomer. The technical material conducted with WL 136184 technical,
proposing pursuant to section 408(d) of that is manufactured for use on bananas the NOAEL for maternal toxicity was 24
the Federal Food, Drug and Cosmetic is a mixture of cis and trans isomers in mg/kg b.w./day based on decreased
Act, 21 U.S.C. 346a(d), to amend 40 CFR an 85 to 15 ratio (85:15). Toxicology body weight gain at 60 mg/kg b.w./day,
part 180 by establishing a tolerance for studies submitted in support of this the highest dose tested, and the NOAEL
residues of metconazole in or on the raw petition were conducted on the for developmental toxicity was also 24
agricultural commodity bananas at 0.05 technical material composed of either mg/kg b.w./day, based on an increase in
parts per million. EPA has determined the 85:15 isomer mixture (AC 900768) the total number of resorptions,
that the petition contains data or or a more purified (greater than 95%) reductions in fetal body weights and an
information regarding the elements set sample of the cis isomer (WL 136184). increased incidence of skeletal
forth in section 408(d)(2) of the FFDCA; 1.Acute toxicity. AC 900768 technical ossification variations at 60 mg/kg b.w./
however, EPA has not fully evaluated is considered to be slightly toxic day.
the sufficiency of the submitted data at (Toxicity Category III) to the rat by the Results from a developmental toxicity
this time or whether the data supports oral route of exposure. In an acute oral study in rabbits with AC 900768 also
granting of the petition. Additional data study in rats, the LD50 value of AC indicated no evidence of teratogenicity
may be needed before EPA rules on the 900768 technical was 727 milligrams or developmental toxicity in the absence
petition. per kilogram of body weight (mg/kg of maternal toxicity. Thus, metconazole
b.w.) for males and 595 mg/kg b.w. for technical is neither a selective
A. Residue Chemistry females. The oral LD50 for combined developmental toxicant nor a teratogen
1.Plant metabolism. The qualitative sexes was 660 mg/kg b.w. An oral LD50 in the rabbit. In this rabbit
nature of the residues of metconazole in study in rats conducted with WL developmental study, the NOAEL for
bananas is adequately understood. The 136184 technical also supports the maternal toxicity was 20 mg/kg b.w./day
metabolism of metconazole in bananas classification of metconazole as slightly based on decreased food consumption
is characterized by a significant amount toxic by the oral route of exposure. The and body weight gain, reductions in
(greater than 85%) of unchanged parent oral LD50 values of WL 136184 technical hemoglobin, hematocrit and corpuscular
compound. In addition to the parent were 1,626 mg/kg b.w. for males and volume, increases in platelet counts and
compound, many other minor residue 1,312 mg/kg b.w. for females, with an alkaline phosphatase activity, and
components (each less than 2% of the LD50 value for combined sexes of 1,459 increased absolute and relative liver
total recovered radioactivity in the mg/kg b.w. Since this petition is for an weights at 40 mg/kg b.w./day (the
whole fruit) were detected. Metconazole import tolerance, anticipated exposure highest dose tested). The NOAEL for
is the only residue of toxicological is only via the oral route. As such, oral developmental toxicity was also 20 mg/
concern in bananas. toxicity data sufficiently assess risk of kg b.w./day, based on an increase in the
2.Analytical method. A practical acute exposure. total number and mean number of
analytical method for detecting and 2.Genotoxicty. AC 900768 technical resorptions and decreased fetal body
measuring the level of metconazole (the 85:15 isomer mixture) and WL weight at 40 mg/kg b.w./day.

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A 2-generation reproductive toxicity phosphatase activity, increased spleen ppm, the next highest concentration
study in rats conducted with WL and liver weights, and urinalysis tested.
136184 technical (greater than 95% cis changes for males and females, and In a 104-week carcinogenicity study
isomer) is submitted in support of this increased absolute and relative thyroid in rats conducted with AC 900768, the
tolerance petition. The results of the gland weights for females at 7,000 ppm, NOAEL for carcinogenicity was 1,000
two-generation reproduction study with the highest concentration tested. ppm (approximately 50 mg/kg b.w./
WL 136184 technical are sufficiently Subchronic (90-day) dietary studies in day), the highest concentration tested.
conservative for evaluating the potential rats were conducted with AC 900768 In this study the NOAEL for chronic
reproductive toxicity of the 85:15 technical and WL 136184 technical. In systemic toxicity was 100 ppm
isomer mixture of metconazole the study conducted with AC 900768, (approximately 5.6 mg/kg b.w./day),
technical. The results from the the NOAEL was 100 ppm based on increased incidences of
reproductive toxicity study with WL (approximately 6.8 mg/kg b.w./day) centrilobular hypertrophy and pigment
136184 technical support a NOAEL for based on hepatic fatty vacuolation in disposition in the liver, and increased
parental toxicity of 8 mg/kg b.w./day, males at 300 ppm, the next highest incidences of cortical vacuolation in the
based on increased ovarian weight and concentration tested. The NOAEL from adrenal in males at 300 ppm, the next
increased gestation length at the next the study conducted with WL 136184 highest concentration tested.
highest dose tested (32 mg/kg b.w./day). technical was 450 ppm (approximately A 91-week carcinogenicity study in
The NOAEL for growth and 30.9 mg/kg b.w./day) based on mice with AC 900768 supports a
development of the offspring is also 8 decreased food consumption, body NOAEL for non-neoplastic effects of 30
mg/kg b.w./day, based on reductions in weights, and body weight gains, clinical ppm (approximately 4.8 mg/kg b.w./
live litter size for F2 litters at 32 mg/kg chemistry changes, increased absolute day), based on increased white blood
b.w./day. The NOAEL for reproductive and adjusted liver weights, and cell count for males, increased aspartate
performance and fertility was 48 mg/kg histopathological changes in the liver and alanine aminotransferase activities
b.w./day (the highest dose tested). and/or stomach for males and females, and increased absolute and adjusted
Results of the pilot and definitive and decreased red blood cell parameters liver weight for females, and
reproduction studies and developmental for females at 1,350 ppm, the highest microscopic changes in the liver, spleen
toxicity studies conducted with AC concentration tested. and adrenal gland for males and females
900768 technical and/or WL 136184 In a 90-day dietary study in mice at 300 ppm (the next highest
technical show no increased sensitivity conducted with AC 900768, the NOAEL concentration tested). The NOAEL for
to developing offspring as compared to was 30 ppm (approximately 5.5 mg/kg carcinogenicity was 300 ppm
parental animals, as comparable b.w./day), based on increased aspartate (approximately 48.3 mg/kg b.w./day)
NOAELs were obtained for parental and alanine aminotransferase activities based on increased incidences of
toxicity and growth and development of in males, increased absolute and relative hepatocellular adenomas in males and
offspring. weights of the liver and spleen of females and hepatocellular carcinomas
4.Subchronic toxicity. Short-term (28- females, and increased incidences of in females at 1,000 ppm, the highest
day) dietary toxicity studies in rats were hepatocelluar vacuolation and concentration tested. The increased
conducted with AC 900768 and WL hypertrophy for males and females at incidences of hepatic adenomas and
136184 technical materials. In the 28- 300 ppm, the next highest concentration carcinomas at the highest concentration
day study with AC 900768, the NOAEL tested. tested are considered to occur through
was 100 ppm (approximately 9.6 mg/kg A 90-day dietary study in beagle dogs promotional and non-genotoxic
b.w./day), based on reductions in body with AC 900768 technical supports a secondary mechanisms following
weight, body weight gain, food NOAEL of 60 ppm (approximately 2.5 toxicity and induction of mixed
consumption, and hemoglobin mg/kg b.w./day) based on decreased function oxidase in mice. Consequently,
concentration for males, as well as body weight gain and food consumption metconazole is not likely to be
increased absolute and relative liver for females, and a slight increase in oncogenic in humans at the
weights, and increased incidences of reticulocyte count for males at 600 ppm, insignificant levels of exposure resulting
hepatic fatty vacuolation and the next highest concentration tested. from its use as a fungicide.
parenchymal hypertrophy for males and 5.Chronic toxicity. Findings similar to AC 900768 technical and WL 136184
females at 1,000 ppm (the next highest those observed in the short-term technical are not genotoxic carcinogens,
concentration tested). Similar results subchronic studies were also apparent as supported by a battery of in vitro and
were observed in the study conducted in the long-term dietary toxicity studies in vivo mutagenicity tests, which cover
with WL 136184 technical. Based on conducted in rats, dogs and mice. Long- all major genetic endpoints.
these results, the NOAEL for WL 136184 term (104-weeks) administration of AC 6.Animal metabolism. The rat
is 300 ppm (approximately 28.5 mg/kg 900768 (85:15 isomer mixture) to rats metabolism studies indicate that the
b.w./day), supported by decreased body supported a NOAEL for systemic qualitative nature of the residues of
weights and body weight gains and toxicity of 100 ppm (approximately 4.8 metconazole in animals is adequately
increased incidences of hepatic fatty mg/kg b.w./day), based on increased understood. In studies conducted with
vacuolation for males and females, adjusted liver weight, and increased radiolabeled AC 900768 (85:15 isomer
increased absolute and adjusted liver incidences of hepatocellular lipid mixture) or radiolabeled WL 136184
weights for females, and decreased food vacuolation and centrilobular (greater than 95% cis isomer)
consumption for males at 1,000 ppm hypertrophy at interim sacrifice for radioactivity was rapidly eliminated in
(the next highest concentration tested). males at 300 ppm, the next highest urine and feces with 48 hours of dosing.
In a 28-day dietary study in dogs concentration tested. In a one-year Biliary excretion was shown to be a
conducted with AC 900768 technical dietary study in beagle dogs, the NOAEL prominent route of elimination. At both
(85:15 isomer mixture), the NOAEL was was 300 ppm (approximately 11.1 mg/ high and low doses of AC 900768, male
a dietary concentration of 1,000 ppm kg b.w./day), based on decreased body rats generally excreted statistically
(approximately 38.6 mg/kg b.w./day), weight gain for males during weeks 1 to significantly lower amounts of
based on decreased food consumption, 13 and increased alkaline phosphatase radioactivity in the urine, and greater
body weight losses, increased alkaline activity for males and females at 1,000 amounts of radioactivity in the feces,

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18012 Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices

compared to females. The pattern of bananas contain metconazole residues support a NOAEL of 4.8 mg/kg b.w./day,
metabolites detected was similar at high at the tolerance level of 0.05 ppm. as the most sensitive dose for the
and low doses, and little or no parent 2.Food. Using the assumptions estimation of the RfD for metconazole in
compound was found in the feces or discussed above, the Theoretical humans. Based on the presence of a
urine. Five days following oral dosing of Maximum Residue Concentration complete database for reproductive and
AC 900768 at the higher level, low (TMRC) values of metconazole were developmental toxicity, and in the
levels of radioactivity were detected in calculated for the U.S. general absence of teratogenicity or selective
the majority of tissues analyzed; population and subgroups. Based on the developmental toxicity, the use of a 100-
however higher concentrations of proposed tolerance, the TMRC values fold safety factor is warranted for this
radioactivity were found in the adrenal for each group are: compound. Applying a safety factor of
glands, gastro-intestinal tract and liver. • 0.0000142 mg/kg b.w./day for the
100 to this NOAEL results in the RfD of
A comparison of radioactivity levels in general population;
the adrenal glands following oral • 0.0000461 mg/kg b.w./day for all 0.048 mg/kg b.w./day. The chronic
administration of low and high doses infants; dietary exposure of 0.0000142 mg/kg
indicates that uptake in the adrenal may • 0.0000473 mg/kg b.w./day for non- b.w./day for the general U.S. population
be saturable. No differences in tissue nursing infants; will utilize only 0.03% of the RfD of
levels were noted between males and • 0.0000407 mg/kg b.w./day for 0.048 mg/kg b.w./day. EPA generally
females. Hen and goat metabolism children 1 to 6 years of age; and has no concern for exposures below
studies are not required, because • 0.0000156 mg/kg b.w./day for 100% of the RfD. The complete and
bananas are not used as significant children 7 to 12 years of age. reliable toxicity data and the
feedstuff for poultry or cattle. Potential exposure to residues of conservative chronic dietary exposure
7.Metabolite toxicology. The metconazole in food will be restricted to assumptions support the conclusion
metabolite CL 382390 was identified in intake of bananas, dried bananas, and that there is a ‘‘reasonable certainty of
the banana metabolism study at levels of banana nectar. no harm’’ from potential dietary
less than 0.02 ppm or less than 2% of 3.Drinking water. The tolerance exposure to residues of metconazole in
the total radioactive residue in whole proposed in this petition is for a raw bananas.
bananas. This specific agricultural commodity imported into
monohydroxylated metabolite was not the United States. There are no 2.Infants and children. The
confirmed in the rat metabolism studies; approved uses for metconazole in the conservative dietary exposure estimates
however, other monohydroxylated United States; therefore, the potential previously presented will utilize 0.1
metabolites, including its stereo isomer exposure to metconazole in drinking percent of the RfD for all infants and as
were identified. In addition, CL 382390 water is not relevant to this petition. well as for the non-nursing infant group,
was shown to have a low order of acute 4.Non-dietary exposure. This petition which is the most highly exposed
toxicity via the oral route with an LD50 is for a tolerance on an imported population subgroup. The chronic
value of greater than 5,000 mg/kg b.w. commodity. There is no approved use of dietary exposures for children 1 to 6
Another metabolite not identified in the metconazole in the United States. and years of age will utilize only 0.08% of
rat metabolism studies, triazolylalanine, none is being sought; therefore, the the RfD, while for children ages 7 to 12
was found in the triazole-3,5-14C CL potential for non-dietary exposure to the estimated exposure will utilize only
900768 treated banana at less than 0.02 metconazole is not pertinent to this 0.03% of the RfD. Results from the two-
ppm or less than 2% of the total petition. generation reproduction study in rats
radioactive residue in whole bananas. with WL 136184 (greater than 95% cis
D. Cumulative Effects
Triazolylalanine has been shown to isomer) and the developmental toxicity
have a low order of acute toxicity by the Metconazole is a member of the
studies with AC 900768 in rats and
oral route with an oral LD50 value of triazole class of fungicides. Other
members of this class are registered for rabbits indicate no increased sensitivity
greater than 5,000 mg/kg [WHO/FAO
use in the United States. Although to developing offspring when compared
Joint Meeting on Pesticide Residues
metconazole and other triazoles may to parental toxicity. For both the rat and
(JMPR) review, 1989]. Thus, the parent
metconazole is considered to be the have similar fungicidal modes of action, rabbit developmental toxicity studies,
only toxicologically significant residue there are no available data to determine embryotoxicity was only observed at
in bananas. whether metconazole has a common maternally toxic doses. These results
8.Endocrine disruption. Collective mechanism of mammalian toxicity with indicate that metconazole is neither a
organ weight data and histopathological other triazoles or information on how to selective developmental toxicant nor a
findings from the two-generation rat include this pesticide in a cumulative teratogen in either the rat or rabbit.
reproductive study, as well as from the risk assessment. Therefore, for the Therefore, an additional safety factor is
subchronic and chronic toxicity studies purposes of this tolerance petition no not warranted, and the RfD of 0.048 mg/
in three different animal species, assumption has been made with regard kg b.w./day, which utilizes a 100-fold
demonstrate no apparent estrogenic to cumulative exposure with other safety factor is appropriate to ensure a
effects or treatment-related effects of compounds having a common mode of reasonable certainty of no harm to
metconazole on the endocrine system. action. infants and children.
C. Aggregate Exposure E. Safety Determination F. International Tolerances
1.Dietary exposure. The potential 1.U.S. population. The Reference
dietary exposure to metconazole has Dose (RfD) represents the level at or There are no Codex maximum residue
been calculated from the proposed below which daily aggregate exposure levels established or proposed for
tolerance for bananas. The very over a lifetime will not pose appreciable residues of metconazole in bananas.
conservative chronic dietary exposure risks to human health. The chronic [FR Doc. 05–7064 Filed 4–7–05; 8:45 am]
estimates for this crop assumes that 100 toxicity studies in rats and mice are the BILLING CODE 6560–50–S
percent of all bananas were treated with most appropriate studies to assess
metconazole and that all treated chronic dietary risk. These studies

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