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esfenvalerate (Asana) Pesticide Petition Filing 4/98


[Federal Register: April 15, 1998 (Volume 63, Number 72)]
[Notices]               
[Page 18411-18420]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap98-90]


[[Page 18411]]

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ENVIRONMENTAL PROTECTION AGENCY

[PF-801; FRL-5781-9]

 
Notice of Filing of Pesticide Petitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide 
petitions proposing the establishment of regulations for residues of 
certain pesticide chemicals in or on various food commodities.
DATES: Comments, identified by the docket control number PF-801, must 
be received on or before May 15, 1998.
ADDRESSES: By mail submit written comments to: Public Information and 
Records Integrity Branch, Information Resources and Services Division 
(7502C), Office of Pesticides Programs, Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. In person bring comments 
to: Rm. 119FF, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically by following 
the instructions under ``SUPPLEMENTARY INFORMATION.'' No confidential 
business information should be submitted through e-mail.
    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 
address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: The product manager listed in the 
table below:

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                                   Office location/                     
        Product Manager            telephone number          Address    
------------------------------------------------------------------------
Sidney Jackson (PM 5).........  Rm. 268, CM #2, 703-    1921 Jefferson  
                                 305-7610, e-            Davis Hwy,     
                                 mail:jackson.sidney@e   Arlington, VA  
                                 pamail.epa.gov.                        
Bipin Gandhi (PM 5)...........  Rm. 4W53, CS #2, 703-   Do.             
                                 308-8380, e-mail:                      
                                 gandhi.bipin@epamail.                  
                                 epa.gov.                               
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SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
follows proposing the establishment and/or amendment of regulations for 
residues of certain pesticide chemicals in or on various food 
commodities under section 408 of the Federal Food, Drug, and Comestic 
Act (FFDCA), 21 U.S.C. 346a. EPA has determined that these petitions 
contain data or information regarding the elements set forth in section 
408(d)(2); however, EPA has not fully evaluated the sufficiency of the 
submitted data at this time or whether the data support granting of the 
petition. Additional data may be needed before EPA rules on the 
petition.
    The official record for this notice of filing, as well as the 
public version, has been established for this notice of filing under 
docket control number [PF-801] (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 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The official record is located at the address in 
``ADDRESSES'' at the beginning of this document.
    Electronic comments can be sent directly to EPA at:
    opp-docket@epamail.epa.gov


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comment 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 FRL-5781-9 and appropriate petition 
number. Electronic comments on notice may be filed online at many 
Federal Depository Libraries.

List of Subjects

    Environmental protection, Agricultural commodities, Food additives, 
Feed additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

Dated: April 1, 1998

    James Jones,

Director, Registration Division, Office of Pesticide Programs.

Summaries of Petitions

    Petitioner summaries of the pesticide petitions are printed below 
as required by section 408(d)(3) of the FFDCA. The summaries of the 
petitions were prepared by the petitioners and represent the views of 
the petitioners. EPA is publishing the petition summaries verbatim 
without editing them in any way. The petition summary announces the 
availability of a description of the analytical methods available to 
EPA for the detection and measurement of the pesticide chemical 
residues or an explanation of why no such method is needed.


2. Interregional Research Project

PP Nos. 6E3404, 6E4685, 1E3966, 9E3697, and 5E4580

    EPA has received pesticide petitions (PP Nos. 6E3404, 
6E4685,1E3966, 9E3697, and 5E4580) from the Interregional Research 
Project Number 4 (IR-4), proposing pursuant to section 408(d) of the 
Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to 
amend 40 CFR part 180 tolerances for residues of esfenvalerate, (S)-
cyano-(3-phenoxyphenyl)methyl (S)-4-chloro-alpha-(1-methylethyl) 
benzeneacetate in or on the raw agricultural commodities mustard greens 
at 5 ppm (PP 6E3404), kiwifruit at 0.5 ppm (PP 6E4685), globe artichoke 
at 1.0 ppm (PP 1E3966), cranberry at 0.2 ppm (PP 9E3697), and kohlrabi 
at 2.0 ppm (PP 5E4580). EPA has determined that these petitions contain 
data or information regarding the elements set forth in section 
408(d)(2) of the FFDCA; however, EPA has not fully evaluated the 
sufficiency of submitted data at this time or whether these data 
support granting the proposed tolerances. Additional data may be needed 
before EPA rules on the petitions. This notice contains a summary of 
the petitions submitted by DuPont Agricultural Products, the 
registrant.

A. Residue Chemistry

    1. Plant metabolism. The metabolism and chemical nature of residues 
of fenvalerate in plants and animals are adequately understood. The 
fate of fenvalerate has been extensively studied using radioactive 
tracers in plant and animal metabolism/nature of the residue studies. 
These studies have demonstrated that the parent compound is the only 
residue of toxicological significance. EPA has concluded that the 
qualitative nature of the residue is the same for both fenvalerate and 
esfenvalerate.
    2. Analytical method. There is a practical analytical method 
utilizing electron-capture gas chromatography with nitrogen phosphorous 
detection available for enforcement with a limit of detection that 
allows monitoring food with residues at or above tolerance levels. The 
limit of detection for updated method is the same as that of the 
current PAM II, which is 0.01 ppm.
    3. Magnitude of residues. Fenvalerate is a racemic mixture of four 
isomers (about 25% each). Technical Asana (the S,S-isomer enriched 
formulation, esfenvalerate), has been the only fenvalerate formulation 
sold in the U.S. for agricultural use. Since the S,S-isomer is the 
insecticidally active isomer, the use rate for Asana<Register> is 4 
times lower than that for Pydrin<Register>. A petition is pending (PP 
4F4329), to convert tolerances (still to be expressed as the sum of all 
isomers) based on the use rates for Asana<Register>. Bridging residue 
studies have shown Asana<Register> residues to be 3-4 times lower than 
Pydrin<Register> residues.

B. Toxicological Profile

    1. Acute toxicity. A battery of acute toxicity studies places 
technical esfenvalerate in Toxicity Category II for acute oral toxicity 
(rat lethal dose LD<INF>50</INF> 87.2 mg/kg, Category III for acute 
dermal (rabbit LD<INF>50</INF> >2,000 mg/kg) and primary eye irritation 
(mild irritation in rabbits), and Category IV for primary skin 
irritation (minimal skin irritation in rabbits that reversed within 72 
hours after treatment). Acute inhalation on technical grade active 
ingredient (a.i.) was waived due to negligible vapor pressure. A dermal 
sensitization test on esfenvalerate in guinea pigs showed no 
sensitization.
    2. Genotoxicity. Esfenvalerate was not mutagenic in reverse 
mutation assays in S. typhimurium and E. coli and did not induce 
mutations Chinese hamster V79 cells or chromosome aberrations in 
Chinese hamster ovary cells. Esfenvalerate did not induce micronuclei 
in bone marrow of mice given up to 150 mg/kg intra peritoneally. 
Esfenvalerate did not induce unscheduled deoxyribonucleic acid (DNA) 
synthesis in HeLa cells. Other genetic toxicology studies submitted on 
racemic fenvalerate indicate that the mixture containing equal parts of 
the four stereoisomers is not mutagenic in bacteria. The racemic 
mixture was also negative in a mouse host mediated assay and in a mouse 
dominant lethal assay.
    3. Reproductive and developmental toxicity. Esfenvalerate was 
administered to pregnant female rats by gavage in a pilot developmental 
study at doses of 0, 1, 2, 3, 4, 5, and 20 mg/kg/day and a main study 
at 0, 2.5, 5, 10, and 20 mg/kg/day. Maternal clinical signs (abnormal 
gait and mobility) were observed at 2.5 mg/kg/day and above. A maternal 
NOEL of 2 mg/kg/day was established for the pilot study. The 
developmental NOEL was >20 mg/kg/day.
    Esfenvalerate was administered by gavage to pregnant female rabbits 
in a pilot developmental study at doses of 0, 2, 3, 4, 4.5, 5, and 20 
mg/kg/day and a main study at doses of 0, 3, 10, and 20 mg/kg/day. 
Maternal clinical signs (excessive grooming) were observed at 3 mg/kg/
day and above. A maternal NOEL of 2 mg/kg/day was established on the

[[Page 18415]]

pilot study. The developmental NOEL was > 20 mg/kg/day.
    A 2-generation feeding study with esfenvalerate was conducted in 
the rat at dietary levels of 0,75, 100, and 300 ppm. Skin lesions and 
minimal (non biologically significant) parental body weight effects 
occurred at 75 ppm. The NOEL for reproductive toxicity was 75 ppm (4.2-
7.5 mg/kg/day) based on decreased pup weights at 100 ppm.
    4. Subchronic toxicity. Two 90-day feeding studies with 
esfenvalerate were conducted in rats - one at 50, 150, 300, and 500 ppm 
esfenvalerate, and a second at 0, 75, 100, 125, and 300 ppm to provide 
additional dose levels. The NOEL was 125 ppm (6.3 mg/kg/day) based on 
clinical signs (jerky leg movements) observed at 150 ppm (7.5 mg/kg/
day) and above.
    A 90-day feeding study in mice was conducted at 0, 50, 150, and 500 
ppm esfenvalerate with a NOEL of 150 ppm (30.5 mg/kg) based on clinical 
signs of toxicity at 500 ppm (106 mg/kg).
    A 3-month subchronic study in dogs was satisfied by a 1-year oral 
study in dogs, in which the NOEL was 200 ppm (5 mg/kg/day).
    A 21-day dermal study in rabbits with fenvalerate conducted at 100, 
300, and 1,000 mg/kg/day with a no-observed-adverse effect level 
(NOAEL) of 1,000 mg/kg/day.
    5. Chronic toxicity. In a 1-year study, dogs were fed 0, 25, 50, or 
200 ppm esfenvalerate with no treatment related effects at any dietary 
level. The NOEL was established at 200 ppm (5 mg/kg/day). An effect 
level for dietary administration of esfenvalerate for dogs of 300 ppm 
had been established earlier in a three week pilot study used to select 
dose levels for the chronic dog study.
    One chronic study with esfenvalerate and three chronic studies with 
fenvalerate have been conducted in mice.
    In an 18-month study, mice were fed 0, 35, 150, or 350 ppm 
esfenvalerate. Mice fed 350 ppm were sacrificed within the first 2 
months of the study after excessive self-trauma related to skin 
stimulation and data collected were not used in the evaluation of the 
oncogenic potential of esfenvalerate. The NOEL was 35 ppm (4.29 and 
5.75 mg/kg/day for males and females, respectively) based on lower body 
weight and body weight gain at 150 ppm. Esfenvalerate did not produce 
carcinogenicity.
    In a 2-year feeding study, mice were administered 0, 10, 50, 250 or 
1,250 ppm fenvalerate in the diet. The NOEL was 10 ppm (1.5 mg/kg/day) 
based on granulomatous changes (related to fenvalerate only, not 
esfenvalerate) at 50 ppm (7.5 mg/kg/day). Fenvalerate did not produce 
carcinogenicity.
    In an 18-month feeding study, mice were fed 0, 100, 300, 1,000, or 
3,000 ppm fenvalerate in the diet. The NOEL is 100 ppm (15.0 mg/kg/day) 
based on fenvalerate-related microgranulomatous changes at 300 ppm (45 
mg/kg/day). No compound related carcinogenicity occurred.
    Mice were fed 0, 10, 30, 100, or 300 ppm fenvalerate for 20-months. 
The NOEL was 30 ppm (3.5 mg/kg/day) based on red blood cell effects and 
granulomatous changes at 100 ppm (15 mg/kg/day). Fenvalerate was not 
carcinogenic at any concentration.
    In a 2-year study, rats were fed 1, 5, 25, or 250 ppm fenvalerate. 
A 1,000 ppm group was added in a supplemental study to establish an 
effect level. The NOEL was 250 ppm (12.5 mg/kg/day). At 1,000 ppm (50 
mg/kg/day), hind limb weakness, lower body weight, and higher organ-to-
body weight ratios were observed. Fenvalerate was not carcinogenic at 
any concentration. (A conclusion that fenvalerate is associated with 
the production of spindle cell sarcomas at 1,000 ppm was retracted by 
EPA).
    EPA has classified esfenvalerate in Group E - evidence of non-
carcinogenicity for humans.
    6. Animal metabolism. In animal studies, after oral dosing with 
radioactive fenvalerate, the majority of the administered radioactivity 
was eliminated in the initial 24-hours. The metabolic pathway involved 
cleavage of the ester linkage followed by hydroxylation, oxidation, and 
conjugation of the acid and alcohol moieties.
    7. Metabolite toxicology. The parent molecule is the only moiety of 
toxicological significance appropriate for regulation in plant and 
animal commodities.

C. Aggregate Exposure

    1. Dietary exposure. Tolerances have been established for the 
residues of fenvalerate/esfenvalerate, in or on a variety of 
agricultural commodities. In addition, pending tolerance petitions 
exist for use of esfenvalerate on sugar beets, sorghum, head lettuce, 
celery, pistachios, and a number of other minor use commodities. For 
purposes of assessing dietary exposure, chronic and acute dietary 
assessments have been conducted using all existing and pending 
tolerances for esfenvalerate. EPA recently (August 2, 1997) reviewed 
the existing toxicology data base for esfenvalerate and selected the 
following toxicological endpoints. For acute toxicity, EPA established 
a NOEL of 2.0 mg/kg/day from rat and rabbit developmental studies based 
on maternal clinical signs at higher concentrations. An MOE of 100 was 
required. For chronic toxicity. EPA established the Reference Dose 
(RfD) for esfenvalerate at 0.02 mg/kg/day. This RfD was also based on a 
NOEL of 2.0 mg/kg/day in the rat developmental study with an 
uncertainty factor of 100. Esfenvalerate is classified as a Group E 
carcinogen - no evidence of carcinogenicity in either rats or mice. 
Therefore, a carcinogenicity risk analysis for humans is not required.
    2. Food. A chronic dietary exposure assessment was conducted using 
Novigen's DEEM (Dietary Exposure Estimate Model). Anticipated residues 
and adjustment for percent crop treated were used in the chronic 
dietary risk assessment. The percentages of the RfD utilized by the 
most sensitive sub-population, children 1-6 years, was 4.6% based on a 
daily dietary exposure of 0.000911 mg/kg/day. Chronic exposure for the 
overall US population was 1.9% of the RfD based on a dietary exposure 
of 0.000376 mg/kg/day. This assessment has been approved by EPA and 
included pending tolerances (including mustard greens, kiwifruit, globe 
artichoke, cranberry, and kohlrabi) and all food tolerances for 
incidental residues from use in food handling establishments. EPA has 
no concern for exposures below 100% of the RfD because the RfD 
represents the level at or below which daily aggregate dietary exposure 
over a lifetime will not pose appreciable risks to human health.
    Potential acute exposures from food commodities were estimated 
using a Tier 3 (Monte Carlo) Analysis and appropriate processing 
factors for processed food and distribution analysis. This analysis 
used field trial data to estimate exposure and federal and market 
survey information to derive the percent of crop treated. These data 
are considered reliable and used the upper end estimate of percent crop 
treated in order to not underestimate any significant subpopulation. 
Regional consumption information was taken into account. The MOEs for 
the most sensitive sub-population (children 1-6 years) were 202 and 103 
at the 99<SUP>th</SUP>, and 99.9<SUP>th</SUP> percentile of exposure, 
respectively, based on daily exposures of 0.009908 and 0.019445 mg/kg/
day. The MOEs for the general population are 355 and 171 at the 
99<SUP>th</SUP> and 99.9<SUP>th</SUP> percentile of exposure, 
respectively, based on daily exposure estimates of 0.005635 and 
0.011717 mg/kg/day. The EPA has stated there is no cause for concern if 
total acute exposure

[[Page 18416]]

calculated for the 99.9th percentile yields an MOE of 100 or larger. 
This acute dietary exposure estimate is considered conservative and EPA 
considered the MOEs adequate in a recent final rule published in the 
Federal Register at 62 FR 63019 (November 26, 1997) (FRL-5781-1).
    3. Drinking water. Esfenvalerate is immobile in soil and will not 
leach into groundwater. Due to the insolubility and lipophilic nature 
of esfenvalerate, any residues in surface water will rapidly and 
tightly bind to soil particles and remain with sediment, therefore not 
contributing to potential dietary exposure from drinking water.
    A screening evaluation of leaching potential of a typical 
pyrethroid was conducted using EPA's Pesticide Root Zone Model (PRZM). 
Based on this screening assessment, the potential concentrations of a 
pyrethroid in ground water at depths of 1 and 2 meters are essentially 
zero (much less than 0.001 parts per billion (ppb).
    Surface water concentrations for pyrethroids were estimated using 
PRZM3 and Exposure Analysis Modeling System (EXAMS) using Standard EPA 
cotton runoff and Mississippi pond scenarios. The maximum concentration 
predicted in the simulated pond was 0.052 ppb. Concentrations in actual 
drinking water would be much lower than the levels predicted in the 
hypothetical, small, stagnant farm pond model since drinking water 
derived from surface water would be treated before consumption.
    Chronic drinking water exposure was estimated to be 0.000001 mg/kg/
day for both the U.S. general population and for non-nursing infants. 
Less than 0.1% of the RfD was occupied by both population groups.
    Using these values, the contribution of water to the acute dietary 
risk estimate was estimated for the U.S. population to be 0.000019 mg/
kg/day at the 99<SUP>th</SUP> percentile and 0.000039 mg/kg/day at the 
99.9<SUP>th</SUP> percentile resulting in MOEs of 105,874 and 51,757, 
respectively. For the most sensitive subpopulation, non-nursing infants 
less than 1-year old, the exposure is 0.000050 mg/kg/day and 0.000074 
mg/kg/day at the 99<SUP>th</SUP> and 99.9<SUP>th</SUP> percentile, 
respectively, resulting in MOEs of 39,652, and 27,042, respectively.
    Therefore, DuPont believes that there is reasonable certainty of no 
harm from drinking water.
    4. Non-dietary exposure. Esfenvalerate is registered for non-crop 
uses including spray treatments in and around commercial and 
residential areas, treatments for control of ectoparasites on pets, 
home care products including foggers, pressurized sprays, crack and 
crevice treatments, lawn and garden sprays, and pet and pet bedding 
sprays. For the non-agricultural products, the very low amounts of 
active ingredient they contain, combined with the low vapor pressure 
(1.5 x 10-<SUP>9</SUP> mm Mercury at 25 deg. C.) and low dermal 
penetration, would result in minimal inhalation and dermal exposure.
    To assess risk from (nonfood) short and intermediate term exposure, 
EPA has recently selected a toxicological endpoint of 2.0 mg/kg/day, 
the NOEL from the rat and rabbit developmental studies. For dermal 
penetration/absorption, EPA selected 25% dermal absorption based on the 
weight-of-evidence available for structurally related pyrethroids. For 
inhalation exposure, EPA used the oral NOEL of 2.0 mg/kg/day and 
assumed 100% absorption by inhalation.
    Individual non-dietary risk exposure analyses were conducted using 
a flea infestation scenario that included pet spray, carpet and room 
treatment, and lawn care, respectively. The total potential short- and 
intermediate-tern aggregate non-dietary exposure including lawn, 
carpet, and pet uses are: 0.000023 mg/kg/day for adults, 0.00129 mg/kg/
day for children 1-6 years and 0.00138 mg/kg/day for infants less than 
1-year old.
    EPA concluded in the final rule published in the Federal Register 
at 62 FR 63019 (November 26, 1997) that the potential non-dietary 
exposure for esfenvalerate are associated with substantial margins of 
safety.
    5. Aggregate exposure dietary and non dietary. EPA has concluded 
that aggregate chronic exposure to esfenvalerate from food and drinking 
water will utilize 1.9% of the RfD for the U.S. population based on a 
dietary exposure of 0.000377 mg/kg/day. The major identifiable subgroup 
with the highest aggregate exposure are children 1-6 years old. EPA 
generally has no concern for exposures below 100% of the RfD because 
the RfD represents the level at or below which daily aggregate dietary 
exposure over a lifetime will not pose appreciable risks to human 
health.
    The acute aggregate risk assessment takes into account exposure 
from food and drinking water. The potential acute exposure from food 
and drinking water to the overall U.S. population provides an acute 
dietary exposure of 0.011756 mg/kg/day with an MOE of 170. This acute 
dietary exposure estimate is considered conservative, using anticipated 
residue values and percent crop-treated data in conjunction with Monte 
Carlo analysis.
    Short- and intermediate-term aggregate exposure takes into account 
chronic dietary food and water (considered to be a background exposure 
level) plus indoor and outdoor residential exposure. The potential 
short- and intermediate-term aggregate risk for the U.S. population is 
an exposure of 0.0082 mg/kg/day with an MOE of 244.
    It is important to acknowledge that these MOEs are likely to 
significantly underestimate the actual MOEs due to a variety of 
conservative assumptions and biases inherent in the exposure assessment 
methods used for their derivation. Therefore, it can be concluded that 
the potential non-dietary and dietary aggregate exposures for 
esfenvalerate are associated with a substantial degree of safety. EPA 
has previously determined in the final rule published in the Federal 
Register at 62 FR 63019 (November 26, 1997) that there was reasonable 
certainty that no harm will result from aggregate exposure to 
esfenvalerate residues. Head lettuce was included in that risk 
assessment.

D. Cumulative Effects

    Section 408 (b) (2) (D) (v) requires that, when considering whether 
to establish, modify, or revoke a tolerance, the Agency consider 
``available information'' concerning the cumulative effects of a 
particular pesticide's residues and ``other substances that have a 
common mechanism of toxicity''. In a recent final rule on esfenvalerate 
published in the Federal Register at 62 FR 63019 (November 26, 1997) 
EPA concluded, available information in this context might include not 
only toxicity, chemistry, and exposure data, but also scientific 
policies and methodologies for understanding common mechanisms of 
toxicity and conducting cumulative risk assessments. For most 
pesticides, although the Agency has some information in its files that 
may turn out to be helpful in eventually determining whether a 
pesticide shares a common mechanism of toxicity with any other 
substances, EPA does not at this time have the methodologies to resolve 
the complex scientific issues concerning common mechanism of toxicity 
in a meaningful way. EPA has begun a pilot process to study this issue 
further through the examination of particular classes of pesticides. 
The Agency hopes that the results of this pilot process will increase 
the Agency's scientific understanding of this question such that EPA 
will be able to develop and apply scientific principles for better

[[Page 18417]]

determining which chemicals have a common mechanism of toxicity and 
evaluating the cumulative effects of such chemicals. The Agency 
anticipates, however, that even as its understanding of the science of 
common mechanisms increases, decisions on specific classes of chemicals 
will be heavily dependent on chemical specific data, much of which may 
not be presently available.
    Although at present the Agency does not know how to apply the 
information in its files concerning common mechanism issues to most 
risk assessments, there are pesticides as to which the common mechanism 
issues can be resolved. These pesticides include pesticides that are 
toxicologically dissimilar to existing chemical substances (in which 
case the Agency can conclude that it is unlikely that a pesticide 
shares a common mechanism of activity with other substances) and 
pesticides that produce a common toxic metabolite (in which case common 
mechanism of activity will be assumed). Although esfenvalerate is 
similar to other members of the synthetic pyrethroid class of 
insecticides, EPA does not have, at this time, available data to 
determine whether esfenvalerate has a common method of toxicity with 
other substances or how to include this pesticide in a cumulative risk 
assessment. Unlike other pesticides for which EPA has followed a 
cumulative risk approach based on a common mechanism of toxicity, 
esfenvalerate does not appear to produce a toxic metabolite produced by 
other substances. For the purposes of this tolerance action, therefore, 
EPA has not assumed that esfenvalerate has a common mechanism of 
toxicity with other substances.

E. Safety Determination

    1. U.S. population. A chronic dietary exposure assessment using 
anticipated residues, monitoring information, and percent crop treated 
indicated the percentage of the RfD utilized by the General Population 
to be 1.9%. There is generally no concern for exposures below 100% of 
the RfD because the RfD represents the level at or below which daily 
aggregate dietary exposure over a lifetime will not pose appreciable 
risks to human health.
    For acute exposure, a MOE of greater than 100 is considered an 
adequate MOE. A Tier 3 acute dietary exposure assessment found the 
General Population to have MOE's of 355 and 171 at the 99<SUP>th</SUP> 
and 99.9<SUP>th</SUP> percentile of exposure, respectively. These 
values were generated using actual field trial residues and market 
share data for percentage of crop treated. These results depict an 
accurate exposure pattern at an exaggerated daily dietary exposure 
rate.
    Short- and intermediate-term aggregate exposure risk from chronic 
dietary food and water plus indoor and outdoor residential exposure for 
the U.S. population is an exposure of 0.0082 mg/kg/day with an MOE of 
244.
    Therefore, there is a reasonable certainty that no harm will result 
from chronic dietary, acute dietary, non-dietary, or aggregate exposure 
to esfenvalerate residues.
    2. Infants and children. FFDCA section 408 provides that EPA shall 
apply an additional tenfold margin of safety for infants and children 
unless EPA determines that a different margin of safety will be safe 
for infants and children. EPA has stated that reliable data support 
using the standard MOE and uncertainty factor (100 for combined inter- 
and intra-species variability) and not the additional tenfold MOE/
uncertainty factor when EPA has a complete data base under existing 
guidelines and when the severity of the effect in infants or children 
or the potency or unusual toxic properties of a compound do not raise 
concerns regarding the adequacy of the standard MOE/safety factor. In a 
recent final rule published in the Federal Register at 62 FR 63019 
(November 26 1997), EPA concluded that reliable data support use of the 
standard 100-fold uncertainty factor for esfenvalerate, and that an 
additional uncertainty factor is not needed to protect the safety of 
infants and children. This decision was based on, no evidence of 
developmental toxicity at a doses up to 20 mg/kg/day (ten times the 
maternal NOEL) in prenatal developmental toxicity studies in both rats 
and rabbits; offspring toxicity only at dietary levels which were also 
found to be toxic to parental animals in the 2-generation reproduction 
study; and no evidence of additional sensitivity to young rats or 
rabbits following pre- or postnatal exposure to esfenvalerate.
    A chronic dietary exposure assessment found the percentages of the 
RfD utilized by the most sensitive sub-population to be 4.6% for 
children 1-6 years based on a dietary exposure of 0.000912 mg/kg/day. 
The % RfD for nursing and non-nursing infants was 1.1% and 2.7%, 
respectively. The Agency has no cause for concern if RfD are below 
100%.
    The most sensitive sub-population, children 1-6 years, had acute 
dietary MOEs of 202 and 103 at the 99<SUP>th</SUP> and 
99.9<SUP>th</SUP> percentile of exposure, respectively. Nursing infants 
had MOEs of 195 and 146 at the 99<SUP>th</SUP> and 99.9<SUP>th</SUP> 
percentile of exposure, respectively. Non-nursing infants had MOEs of 
304 and 158 at the 99<SUP>th</SUP> and 99.9<SUP>th</SUP> percentile of 
exposure, respectively. The Agency has no cause for concern if total 
acute exposure calculated for the 99.9th percentile yields a MOE of 100 
or larger.
    EPA has recently concluded that the potential short- or 
intermediate-term aggregate exposure of esfenvalerate from chronic 
dietary food and water plus indoor and outdoor residential exposure to 
children (1-6 years old) is 0.0113 mg/kg/day with an MOE of 177. For 
infants (less than 1-year old) the exposure is 0.0098 mg/kg/day with an 
MOE of 204. Thus, there is a reasonable certainty that no harm will 
result to infants and children from aggregate exposure to esfenvalerate 
residues published in the Federal Register at 62 FR 63019 (November 26, 
1997) (FRL-5754-6).

F. International Tolerances

    Codex maximum residue levels (MRL's) have been established for 
residues of fenvalerate on a number of crops that also have U.S. 
tolerances. There are some minimal differences between the section 408 
tolerances and certain Codex MRL values for specific commodities. These 
differences could be caused by differences in methods to establish 
tolerances, calculate animal feed, dietary exposure, and as a result of 
different agricultural practices. Therefore, some harmonization of 
these maximum residue levels may be required.

[FR Doc. 98-9395 Filed 4-14-98; 8:45 am]
BILLING CODE 6560-50-F




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