80_FR_43463 80 FR 43323 - Sedaxane; Pesticide Tolerances

80 FR 43323 - Sedaxane; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 140 (July 22, 2015)

Page Range43323-43329
FR Document2015-17999

This regulation establishes tolerances for residues of sedaxane as a seed treatment for cotton, undelinted seed; cotton, gin byproducts; and beet, sugar. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Rules and Regulations]
[Pages 43323-43329]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17999]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0354; FRL-9930-84]


Sedaxane; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
sedaxane as a seed treatment for cotton, undelinted seed; cotton, gin 
byproducts; and beet, sugar. Syngenta Crop Protection, LLC requested 
these tolerances under the Federal Food, Drug, and Cosmetic Act 
(FFDCA).

DATES: This regulation is effective July 22, 2015. Objections and 
requests for hearings must be received on or before September 21, 2015, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2014-0354, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs,

[[Page 43324]]

Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; main telephone number: (703) 305-7090; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Government 
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2014-0354 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
September 21, 2015. Addresses for mail and hand delivery of objections 
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2014-0354, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at  http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of August 1, 2014 (79 FR 44729) (FRL-9911-
67), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 
4F8263) by Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 
18300, Greensboro, NC 27419. The petition requested that 40 CFR part 
180 be amended by establishing tolerances for residues of the fungicide 
sedaxane, N-[2-[1,1'-bicyclopropyl]-2-ylphenyl]-3-(difluoromethyl)-1-
methyl-1H-pyrazole-4-carboxamide, as a seed treatment for cotton, 
undelinted seed at 0.01 parts per million (ppm); cotton, gin byproducts 
at 0.01 ppm; and beet, sugar at 0.01 ppm. That document referenced a 
summary of the petition prepared by Syngenta Crop Protection, LLC, the 
registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the 
notice of filing.
    Based upon review of the data supporting the petition, EPA has 
altered the commodity name from ``beet, sugar'' to ``beet, sugar, 
roots''. The reason for this change is explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for sedaxane including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with sedaxane follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. The toxicological effects reported in the submitted animal 
studies such as mitochondrial disintegration and glycogen depletion in 
the liver are consistent with the pesticidal mode of action also being 
the mode of toxic action in mammals. The rat is the most sensitive 
species tested, and the main target tissue for sedaxane is the liver. 
Sedaxane also caused thyroid hypertrophy/hyperplasia. In the acute 
neurotoxicity (ACN) and sub-chronic neurotoxicity (SCN) studies, 
sedaxane caused decreased activity, decreased muscle tone, decreased 
rearing, and decreased grip strength. There are indications of 
reproductive toxicity in rats such as decreased follicle counts, but 
these effects did not result in reduced fertility. Offspring effects in 
the reproduction study occurred at the same doses causing parental 
effects, and do not indicate any quantitative or qualitative increase 
in sensitivity in rat pups. In the rat, no adverse effects in fetuses 
were seen in developmental toxicity studies at maternally toxic

[[Page 43325]]

doses. In the rabbit, fetal toxicity (increased unossified sternebrae 
and 13th rudimentary ribs, decrease in fetal weights, increased numbers 
of abortions) was observed at the same doses that produced toxicity in 
the dams (abortions, decreased body weight gain/body weight loss, 
reduced food consumption, defecation), and therefore does not indicate 
any increased susceptibility. Sedaxane is tumorigenic in the liver in 
the rat and mouse, and led to tumors in the thyroid and uterus in the 
rat and was classified as ``likely to be carcinogenic to humans.'' 
Sedaxane was negative in the mutagenicity studies. The 28-day dermal 
study did not show systemic toxicity at the limit dose of 1,000 
milligrams/kilogram/day (mg/kg/day). Sedaxane has low acute toxicity by 
the oral, dermal, and inhalation routes. It is not a dermal sensitizer, 
causes no skin irritation and only slight eye irritation.
    Specific information on the studies received and the nature of the 
adverse effects caused by sedaxane as well as the no-observed-adverse-
effect-level (NOAEL) and the lowest-observed-adverse-effect-level 
(LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document ``Sedaxane. Human Health Risk 
Assessment to Support New Seed Treatment Uses on Cotton and Sugar 
Beet'' on pages 13-20 in docket ID number EPA-HQ-OPP-2014-0354.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors (U/SF) are used in conjunction 
with the POD to calculate a safe exposure level--generally referred to 
as a population-adjusted dose (PAD) or a reference dose (RfD)--and a 
safe margin of exposure (MOE). For non-threshold risks, the Agency 
assumes that any amount of exposure will lead to some degree of risk. 
Thus, the Agency estimates risk in terms of the probability of an 
occurrence of the adverse effect expected in a lifetime. For more 
information on the general principles EPA uses in risk characterization 
and a complete description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for sedaxane used for 
human risk assessment is shown in the Table of this unit.

    Table--Summary of Toxicological Doses and Endpoints for Sedaxane for Use in Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                    Point of departure
        Exposure/Scenario            and  uncertainty/    RfD, PAD, LOC for     Study and toxicological effects
                                      safety  factors      risk  assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (All populations,    NOAEL = 30 mg/kg/day  Acute RfD = 0.30 mg/ Rat ACN Study.
 including children and women 13-  UFA = 10x...........   kg/day.             LOAEL = 250 mg/kg based on reduced
 49 years of age).                 UFH = 10x...........  aPAD = 0.30 mg/kg/    activity, decreased rearing,
                                   FQPA SF = 1x........   day.                 initial inactivity, piloerection,
                                                                               ruffled fur and recumbency,
                                                                               decreased BW, decreased BWG and
                                                                               food consumption (males). In
                                                                               females, weakened condition,
                                                                               swaying gait, and decreased
                                                                               activity, reduced muscle tone,
                                                                               decreased locomotor activity and
                                                                               rearing. The weakened condition,
                                                                               swaying gait and decreased
                                                                               activity were observed on days 2-
                                                                               7, while the other effects were
                                                                               on day 1.
Chronic dietary (All populations)  NOAEL= 11 mg/kg/day.  Chronic RfD = 0.11   Chronic Rat Study.
                                   UFA = 10x...........   mg/kg/day.          NOAEL= 11/14 mg/kg bw/day (male/
                                   UFH = 10x...........  cPAD = 0.11 mg/kg/    female).
                                   FQPA SF = 1x........   day.                LOAEL = 67/86 mg/kg bw/day (male/
                                                                               female) based on decreased hind
                                                                               limb grip strength increased
                                                                               liver weight, increased
                                                                               incidences of hepatocyte
                                                                               hypertrophy and eosinophilic
                                                                               foci, and thyroid follicular cell
                                                                               hypertrophy, basophilic colloid,
                                                                               epithelial desquamation and
                                                                               increased phosphate levels
                                                                               (males). In females it was based
                                                                               on decreased body weight and body
                                                                               weight gain, increased liver
                                                                               weight and the same
                                                                               histopathology noted above for
                                                                               males.
Cancer (Oral, dermal, inhalation)   ``Likely to be Carcinogenic to Humans'' based on significant tumor increases
                                     in two adequate rodent carcinogenicity studies. Q1* = 4.64 x 10 - 3 (mg/kg/
                                                    day)-1 (linear low-dose extrapolation model).
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. mg/kg/day =
  milligram/kilogram/day. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c
  = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human
  (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies).
  Q1* = Linear cancer slope factor

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to sedaxane, EPA considered exposure under the petitioned-for 
tolerances as well as all existing sedaxane tolerances in 40 CFR 
180.665. EPA assessed dietary exposures from sedaxane in food as 
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a 1-day or single exposure.
    Such effects were identified for sedaxane. In estimating acute 
dietary exposure, EPA used food consumption information from the United 
States Department of Agriculture (USDA) National Health and Nutrition 
Examination Survey, What We Eat in America, (NHANES/WWEIA) conducted 
from 2003-2008. As to residue levels in

[[Page 43326]]

food, EPA conducted a highly conservative acute dietary assessment 
using tolerance-level residues and 100% crop treated assumptions for 
all commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA NHANES/
WWEIA conducted from 2003-2008. As to residue levels in food, EPA 
conducted a partially refined chronic dietary assessment using 
anticipated residue levels for all commodities and percent crop treated 
data.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that sedaxane should be classified as ``Likely to be 
Carcinogenic to Humans'' and a linear approach has been used to 
quantify cancer risk. Cancer risk was quantified using the same 
estimates as discussed in Unit III.C.1.ii., Chronic exposure. A linear 
low-dose extrapolation model (Q1*) = 4.64 x 10-3 
(mg/kg/day)-1 was used to estimate cancer risk.
    iv. Anticipated residue and percent crop treated (PCT) information.
    Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data 
and information on the anticipated residue levels of pesticide residues 
in food and the actual levels of pesticide residues that have been 
measured in food. If EPA relies on such information, EPA must require 
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after 
the tolerance is established, modified, or left in effect, 
demonstrating that the levels in food are not above the levels 
anticipated. For the present action, EPA will issue such data call-ins 
as are required by FFDCA section 408(b)(2)(E) and authorized under 
FFDCA section 408(f)(1). Data will be required to be submitted no later 
than 5 years from the date of issuance of these tolerances.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data 
on the actual percent of food treated for assessing chronic dietary 
risk only if:
     Condition a: The data used are reliable and provide a 
valid basis to show what percentage of the food derived from such crop 
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate 
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food 
consumption in a particular area, the exposure estimate does not 
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any 
estimates used. To provide for the periodic evaluation of the estimate 
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require 
registrants to submit data on PCT. The Agency estimated the PCT for 
existing uses as follows: For chronic and cancer dietary exposure 
assessment, 100 PCT was assumed for all commodities except for soybeans 
(51%), wheat (32%) and potato (67%), which incorporated average PCT 
estimates.
    In most cases, EPA uses available data from United States 
Department of Agriculture/National Agricultural Statistics Service 
(USDA/NASS), proprietary market surveys, and the National Pesticide Use 
Database for the chemical/crop combination for the most recent 6-7 
years. EPA uses an average PCT for chronic dietary risk analysis. The 
average PCT figure for each existing use is derived by combining 
available public and private market survey data for that use, averaging 
across all observations, and rounding to the nearest 5%, except for 
those situations in which the average PCT is less than one. In those 
cases, 1% is used as the average PCT and 2.5% is used as the maximum 
PCT. EPA uses a maximum PCT for acute dietary risk analysis. The 
maximum PCT figure is the highest observed maximum value reported 
within the recent 6 years of available public and private market survey 
data for the existing use and rounded up to the nearest multiple of 5%.
    The Agency believes that the three conditions discussed in Unit 
III.C.1.iv. have been met. With respect to Condition a, PCT estimates 
are derived from Federal and private market survey data, which are 
reliable and have a valid basis. The Agency is reasonably certain that 
the percentage of the food treated is not likely to be an 
underestimation. As to Conditions b and c, regional consumption 
information and consumption information for significant subpopulations 
is taken into account through EPA's computer-based model for evaluating 
the exposure of significant subpopulations including several regional 
groups. Use of this consumption information in EPA's risk assessment 
process ensures that EPA's exposure estimate does not understate 
exposure for any significant subpopulation group and allows the Agency 
to be reasonably certain that no regional population is exposed to 
residue levels higher than those estimated by the Agency. Other than 
the data available through national food consumption surveys, EPA does 
not have available reliable information on the regional consumption of 
food to which sedaxane may be applied in a particular area.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for sedaxane in drinking water. These simulation models take 
into account data on the physical, chemical, and fate/transport 
characteristics of sedaxane. Drinking water accounted for 95% of the 
total dietary exposure to sedaxane. Further information regarding EPA 
drinking water models used in pesticide exposure assessment can be 
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the FQPA Index Reservoir Screening Tool (FIRST) and 
Pesticide Root Zone Model Ground Water (PRZM GW), the estimated 
drinking water concentrations (EDWCs) of sedaxane for acute exposures 
are estimated to be 4.1 parts per billion (ppb) for surface water and 
22.0 ppb for ground water, for chronic exposures and cancer assessments 
are estimated to be 1.2 ppb for surface water and 19.3 ppb for ground 
water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For acute dietary risk 
assessment, the water concentration value of 22.0 ppb was used to 
assess the contribution to drinking water. For chronic and cancer 
dietary risk assessment, the water concentration of value 19.3 ppb was 
used to assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets). Sedaxane is not 
registered for any specific use patterns that would result in 
residential exposure.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA 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.'' EPA has not found sedaxane 
to share a common mechanism of toxicity with any other substances, and 
sedaxane does not appear to produce a toxic metabolite produced by 
other substances. For the purposes of this tolerance action, therefore, 
EPA has assumed that sedaxane does not have a common mechanism of 
toxicity with other substances. For information regarding

[[Page 43327]]

EPA's efforts to determine which chemicals have a common mechanism of 
toxicity and to evaluate the cumulative effects of such chemicals, see 
EPA's Web site at http://www.epa.gov/pesticides/cumulative.

 D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply an additional tenfold (10X) margin of safety for infants 
and children in the case of threshold effects to account for prenatal 
and postnatal toxicity and the completeness of the database on toxicity 
and exposure unless EPA determines based on reliable data that a 
different margin of safety will be safe for infants and children. This 
additional margin of safety is commonly referred to as the FQPA SF. In 
applying this provision, EPA either retains the default value of 10X, 
or uses a different additional safety factor when reliable data 
available to EPA support the choice of a different factor.
    2. Prenatal and postnatal sensitivity. There is no evidence for 
increased susceptibility following prenatal and/or postnatal exposures 
to sedaxane based on effects seen in developmental toxicity studies in 
rabbits or rats. In range finding and definitive developmental toxicity 
studies in rats, neither quantitative nor qualitative evidence of 
increased susceptibility of fetuses to in utero exposure to sedaxane 
was observed. In these studies, there were no single-dose effects. 
There was no evidence of increased susceptibility in a 2-generation 
reproduction study in rats following prenatal or postnatal exposure to 
sedaxane. Clear NOAELs/LOAELs were established for the developmental 
effects seen in rats and rabbits as well as for the offspring effects 
seen in the 2-generation reproduction study. The dose-response 
relationship for the effects of concern is well characterized. The 
NOAEL used for the acute dietary risk assessment (30 mg/kg/day), based 
on effects observed in the ACN study, is protective of the 
developmental and offspring effects seen in rabbits and rats (NOAELs of 
100-200 mg/kg/day). In addition, there is no evidence of neuropathology 
or abnormalities in the development of the fetal nervous system from 
the available toxicity studies conducted with sedaxane.
    3. Conclusion. EPA has determined that reliable data show the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1x. That decision is based on the following 
findings:
    i. The toxicity database for sedaxane is complete.
    ii. There is no indication that sedaxane is a neurotoxic chemical 
and there is no need for a developmental neurotoxicity study or 
additional UFs to account for neurotoxicity. Although sedaxane caused 
changes in apical endpoints such as decreased activity, decreased 
muscle tone, decreased rearing and decreased grip strength in the ACN 
and SCN studies, EPA believes these effects do not support a finding 
that sedaxane is a neurotoxicant. The observed effects in the ACN and 
SCN studies were likely secondary to inhibition of mitochondrial energy 
production caused by sedaxane. Furthermore, there was no corroborative 
neuro-histopathology demonstrated in any study, even at the highest 
doses tested (i.e., 2,000 mg/kg/day). Therefore, based on its chemical 
structure, its pesticidal mode of action, and lack of evidence of 
neuro-histopathology in any acute and repeated-dose toxicity study, 
sedaxane does not demonstrate potential for neurotoxicity. Since 
sedaxane did not demonstrate increased susceptibility to the young or 
specific neurotoxicity, a developmental neurotoxicity (DNT) study is 
not required.
    iii. As discussed in Unit III.D.2., there is no evidence that 
sedaxane results in increased susceptibility in in utero rats or 
rabbits in the prenatal developmental studies or in young rats in the 
2-generation reproduction study.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments are highly 
conservative (acute) or only partially refined (chronic), resulting in 
high-end estimates of dietary food exposure. EPA made conservative 
(protective) assumptions in the ground and surface water modeling used 
to assess exposure to sedaxane in drinking water. These assessments 
will not underestimate the exposure and risks posed by sedaxane.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food and water 
to sedaxane will occupy 1.3% of the aPAD for all infants (<1 year old), 
the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
sedaxane from food and water will utilize 1% of the cPAD for all 
infants (<1 year old), the population group receiving the greatest 
exposure. There are no residential uses for sedaxane.
    3. Short- and Intermediate-term risk. Short- and intermediate-term 
aggregate exposure takes into account short-term residential exposure 
plus chronic exposure to food and water (considered to be a background 
exposure level).
    A short- and intermediate-term adverse effect was identified; 
however, sedaxane is not registered for any use patterns that would 
result in short- or intermediate-term residential exposure. Short- and 
intermediate-term risk is assessed based on short- and intermediate-
term residential exposure plus chronic dietary exposure. Because there 
is no short- or intermediate-term residential exposure and chronic 
dietary exposure has already been assessed under the appropriately 
protective cPAD (which is at least as protective as the POD used to 
assess short-term risk), no further assessment of short- and 
intermediate-term risk is necessary, and EPA relies on the chronic 
dietary risk assessment for evaluating short- and intermediate-term 
risk for sedaxane.
    4. Aggregate cancer risk for U.S. population. The Agency has 
classified sedaxane as ``Likely to be Carcinogenic to Humans'' based on 
significant tumor increases in two adequate rodent carcinogenicity 
studies. A cancer dietary risk assessment was conducted using a linear 
low-dose extrapolation model (Q1*) = 4.64 x 10-3 
(mg/kg/day)-1 which indicated a risk estimate to the U.S. 
population as 2 x 10-6. EPA generally considers cancer risks 
in the range of 10-6 or less to be negligible. The precision 
that can be assumed for cancer risk estimates is best described by 
rounding to the nearest integral order of magnitude on the log scale; 
for example, risks falling between 3 x 10-7 and 3 x 
10-6 are expressed as risks in the range of 10-6. 
Considering the precision with which cancer hazard can be estimated, 
the conservativeness of low-dose linear extrapolation, and the rounding 
procedure described above in this unit, cancer risk should generally 
not be assumed to exceed the

[[Page 43328]]

benchmark level of concern of the range of 10-6 until the 
calculated risk exceeds approximately 3 x 10-6. This is 
particularly the case where some conservatism is maintained in the 
exposure assessment. Based on this approach, EPA considers the risks of 
cancer from exposure to sedaxane to be negligible.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to sedaxane residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (liquid chromatography/tandem mass 
spectrometry (LC/MS/MS)) is available to enforce the tolerance 
expression. A modification of the Quick, Easy, Cheap, Effective, 
Rugged, and Safe (QuEChERS) method was developed for the determination 
of residues of sedaxane (as its isomers SYN508210 and SYN508211) in/on 
various crops. The sedaxane isomers (SYN508210 and SYN508211) are 
quantitatively determined by LC/MS/MS. The validated limit of 
quantitation (LOQ) reported in the method is 0.005 ppm for both 
sedaxane isomers. A successful independent laboratory validation (ILV) 
study was also conducted on the modified QuEChERS method using samples 
of wheat green forage and wheat straw fortified with SYN508210 and 
SYN508211 at 0.005 and 0.05 ppm. The analytical standard for sedaxane, 
with an expiration date of February 28, 2018, is currently available in 
the EPA National Pesticide Standards Repository.
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level. The Codex has not 
established MRLs for sedaxane.

C. Revisions to Petitioned-For Tolerances

    Although the petitioner sought a tolerance for the commodity name 
``beet, sugar'', EPA is establishing a tolerance for ``beet, sugar, 
roots'' to be consistent with the general food and feed commodity 
vocabulary EPA uses for tolerances and exemptions.

V. Conclusion

    Therefore, tolerances are established for residues of sedaxane, N-
[2-[1,1'-bicyclopropyl]-2-ylphenyl]-3-(difluoromethyl)-1-methyl-1H-
pyrazole-4-carboxamide, as a seed treatment for cotton, undelinted seed 
at 0.01 ppm; cotton, gin byproducts at 0.01 ppm; and beet, sugar, roots 
at 0.01 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in 
response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerances in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: July 16, 2015.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

[[Page 43329]]

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.665, add alphabetically the following commodities to 
the table in paragraph (a) to read as follows:


Sec.  180.665  Sedaxane; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                                 Parts
                          Commodity                               per
                                                                million
------------------------------------------------------------------------
 
                                * * * * *
Beet, sugar, roots...........................................       0.01
 
                                * * * * *
Cotton, undelinted seed......................................       0.01
Cotton, gin byproducts.......................................       0.01
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-17999 Filed 7-21-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations                                                43323

                                           part 41)’’ and adding in its place                       Principles, and Audit Requirements for                 ■ 30. Amend § 64.14 by revising
                                           ‘‘Uniform Administrative Requirements,                   Federal Awards under 2 CFR part 200.’’.                paragraph (b)(2) to read as follows:
                                           Cost Principles, and Audit                               ■ 25. Revise § 61.66 to read as follows:
                                           Requirements for Federal Awards under                                                                           § 64.14   RVCP grant agreement.
                                           2 CFR part 200’’.                                        § 61.66     Financial management.                      *     *     *    *    *
                                                                                                       (a) All recipients must comply with                   (b) * * *
                                           PART 59—GRANTS TO STATES FOR                             applicable requirements of the Uniform                   (2) Abide by the Uniform
                                           CONSTRUCTION OR ACQUISITION OF                           Administrative Requirements, Cost                      Administrative Requirements, Cost
                                           STATE HOMES                                              Principles, and Audit Requirements for                 Principles, and Audit Requirements for
                                                                                                    Federal Awards under 2 CFR part 200.                   Federal Awards under 2 CFR part 200,
                                           ■ 19. The authority citation for part 59                                                                        and 2 CFR parts 25 and 170, if
                                                                                                       (b) All entities receiving assistance
                                           continues to read as follows:                                                                                   applicable.
                                                                                                    under this part must use a financial
                                             Authority: 38 U.S.C. 101, 501, 1710, 1742,             management system that follows                         *     *     *    *    *
                                           8105, 8131–8137.                                         generally accepted accounting                          [FR Doc. 2015–17416 Filed 7–21–15; 8:45 am]

                                           § 59.124   [Amended]                                     principles and meets the requirements                  BILLING CODE 8320–01–P
                                                                                                    set forth under 2 CFR part 200. All
                                           ■  20. Amend § 59.124(a) by removing
                                                                                                    recipients must implement the
                                           ‘‘Single Audit Act of 1984 (see part 41
                                                                                                    requirements of 2 CFR part 200 when                    ENVIRONMENTAL PROTECTION
                                           of this chapter)’’ and adding in its place
                                                                                                    determining costs reimbursable under                   AGENCY
                                           ‘‘Uniform Administrative Requirements,
                                                                                                    all awards issued under this part.
                                           Cost Principles, and Audit                                                                                      40 CFR Part 180
                                           Requirements for Federal Awards under                    (Authority: 38 U.S.C. 501)
                                           2 CFR part 200’’.                                                                                               [EPA–HQ–OPP–2014–0354; FRL–9930–84]
                                                                                                    § 61.67     [Amended]
                                           PART 61—VA HOMELESS PROVIDERS                            ■ 26. Amend § 61.67:                                   Sedaxane; Pesticide Tolerances
                                           GRANT AND PER DIEM PROGRAM                               ■ a. In paragraph (c) by removing ‘‘38                 AGENCY:  Environmental Protection
                                                                                                    CFR 49.32’’ and adding in its place ‘‘2                Agency (EPA).
                                           ■ 21. The authority citation for part 61                 CFR part 200’’.                                        ACTION: Final rule.
                                           continues to read as follows:                            ■ b. In paragraph (f) by removing ‘‘38
                                             Authority: 38 U.S.C. 501, 2001, 2002, 2011,            CFR 49.34’’ and adding in its place ‘‘2                SUMMARY:   This regulation establishes
                                           2012, 2061, 2064.                                        CFR part 200’’.                                        tolerances for residues of sedaxane as a
                                                                                                                                                           seed treatment for cotton, undelinted
                                           Subpart B—Capital Grants                                 PART 62—SUPPORTIVE SERVICES                            seed; cotton, gin byproducts; and beet,
                                                                                                    FOR VETERANS FAMILIES PROGRAM                          sugar. Syngenta Crop Protection, LLC
                                           § 61.16    [Amended]
                                                                                                                                                           requested these tolerances under the
                                           ■  22. Amend § 61.16(a) by removing                      ■ 27. The authority citation for part 62               Federal Food, Drug, and Cosmetic Act
                                           ‘‘OMB Circular A–122 as codified at 2                    continues to read as follows:                          (FFDCA).
                                           CFR part 230.’’ and adding in its place                    Authority: 38 U.S.C. 501, 2044, and as
                                           ‘‘the Uniform Administrative                                                                                    DATES: This regulation is effective July
                                                                                                    noted in specific sections.
                                           Requirements, Cost Principles, and                                                                              22, 2015. Objections and requests for
                                                                                                    ■ 28. Amend § 62.70:                                   hearings must be received on or before
                                           Audit Requirements for Federal Awards                    ■ a. By revising paragraph (a).
                                           under 2 CFR part 200.’’.                                                                                        September 21, 2015, and must be filed
                                                                                                    ■ b. In paragraph (b) by removing ‘‘OMB                in accordance with the instructions
                                           Subpart E—Technical Assistance                           Circular A–110, Subpart C, Section 21                  provided in 40 CFR part 178 (see also
                                           Grants                                                   (codified at 2 CFR 215.21) and 38 CFR                  Unit I.C. of the SUPPLEMENTARY
                                                                                                    49.21.’’ and adding in its place ‘‘2 CFR               INFORMATION).
                                           ■ 23. Amend § 61.50 by revising                          part 200.’’.
                                                                                                    ■ c. In paragraph (c) by removing ‘‘OMB                ADDRESSES: The docket for this action,
                                           paragraph (b)(3)(i) to read as follows:                                                                         identified by docket identification (ID)
                                                                                                    Circular A–122, Cost Principles for Non-
                                           § 61.50 Technical assistance grants-                     Profit Organizations, codified at 2 CFR                number EPA–HQ–OPP–2014–0354, is
                                           general.                                                 part 235.’’ and adding in its place ‘‘2                available at http://www.regulations.gov
                                           *     *    *    *     *                                  CFR part 200.’’.                                       or at the Office of Pesticide Programs
                                             (b) * * *                                                The revision reads as follows:                       Regulatory Public Docket (OPP Docket)
                                             (3) * * *                                                                                                     in the Environmental Protection Agency
                                             (i) Uniform Administrative                             § 62.70 Financial management and                       Docket Center (EPA/DC), West William
                                           Requirements, Cost Principles, and                       administrative costs.                                  Jefferson Clinton Bldg., Rm. 3334, 1301
                                           Audit Requirements for Federal Awards                      (a) Grantees must comply with                        Constitution Ave. NW., Washington, DC
                                           under 2 CFR part 200;                                    applicable requirements of the Uniform                 20460–0001. The Public Reading Room
                                           *     *    *    *     *                                  Administrative Requirements, Cost                      is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                    Principles, and Audit Requirements for                 Monday through Friday, excluding legal
                                           Subpart F—Awards, Monitoring, and                        Federal Awards under 2 CFR part 200.                   holidays. The telephone number for the
                                           Enforcement of Agreements                                *     *    *     *    *                                Public Reading Room is (202) 566–1744,
                                                                                                                                                           and the telephone number for the OPP
                                           § 61.61    [Amended]                                     PART 64—GRANTS FOR THE RURAL                           Docket is (703) 305–5805. Please review
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                                           ■  24. Amend § 61.61(a) by removing                      VETERANS COORDINATION PILOT                            the visitor instructions and additional
                                           ‘‘VA common grant rules at 38 CFR                        (RVCP)                                                 information about the docket available
                                           parts 43 and 49 and the OMB Circulars,                                                                          at http://www.epa.gov/dockets.
                                           including those cited in § 61.66.’’ and                  ■ 29. The authority citation for part 64               FOR FURTHER INFORMATION CONTACT:
                                           adding in its place ‘‘Uniform                            continues to read as follows:                          Susan Lewis, Registration Division
                                           Administrative Requirements, Cost                             Authority: 38 U.S.C. 501, 523 note.               (7505P), Office of Pesticide Programs,


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                                           43324             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations

                                           Environmental Protection Agency, 1200                    notice. Submit the non-CBI copy of your               reasonable certainty that no harm will
                                           Pennsylvania Ave. NW., Washington,                       objection or hearing request, identified              result from aggregate exposure to the
                                           DC 20460–0001; main telephone                            by docket ID number EPA–HQ–OPP–                       pesticide chemical residue, including
                                           number: (703) 305–7090; email address:                   2014–0354, by one of the following                    all anticipated dietary exposures and all
                                           RDFRNotices@epa.gov.                                     methods:                                              other exposures for which there is
                                           SUPPLEMENTARY INFORMATION:                                 • Federal eRulemaking Portal: http://               reliable information.’’ This includes
                                                                                                    www.regulations.gov. Follow the online                exposure through drinking water and in
                                           I. General Information                                   instructions for submitting comments.                 residential settings, but does not include
                                           A. Does this action apply to me?                         Do not submit electronically any                      occupational exposure. Section
                                                                                                    information you consider to be CBI or                 408(b)(2)(C) of FFDCA requires EPA to
                                              You may be potentially affected by                    other information whose disclosure is                 give special consideration to exposure
                                           this action if you are an agricultural                   restricted by statute.                                of infants and children to the pesticide
                                           producer, food manufacturer, or                            • Mail: OPP Docket, Environmental                   chemical residue in establishing a
                                           pesticide manufacturer. The following                    Protection Agency Docket Center (EPA/                 tolerance and to ‘‘ensure that there is a
                                           list of North American Industrial                        DC), (28221T), 1200 Pennsylvania Ave.                 reasonable certainty that no harm will
                                           Classification System (NAICS) codes is                   NW., Washington, DC 20460–0001.                       result to infants and children from
                                           not intended to be exhaustive, but rather                  • Hand Delivery: To make special                    aggregate exposure to the pesticide
                                           provides a guide to help readers                         arrangements for hand delivery or                     chemical residue. . . .’’
                                           determine whether this document                          delivery of boxed information, please                    Consistent with FFDCA section
                                           applies to them. Potentially affected                    follow the instructions at http://                    408(b)(2)(D), and the factors specified in
                                           entities may include:                                    www.epa.gov/dockets/contacts.html.                    FFDCA section 408(b)(2)(D), EPA has
                                              • Crop production (NAICS code 111).                     Additional instructions on                          reviewed the available scientific data
                                              • Animal production (NAICS code                       commenting or visiting the docket,                    and other relevant information in
                                           112).                                                    along with more information about                     support of this action. EPA has
                                              • Food manufacturing (NAICS code                      dockets generally, is available at                    sufficient data to assess the hazards of
                                           311).                                                    http://www.epa.gov/dockets.                           and to make a determination on
                                              • Pesticide manufacturing (NAICS                                                                            aggregate exposure for sedaxane
                                           code 32532).                                             II. Summary of Petitioned-For
                                                                                                                                                          including exposure resulting from the
                                                                                                    Tolerance
                                           B. How can I get electronic access to                                                                          tolerances established by this action.
                                                                                                       In the Federal Register of August 1,               EPA’s assessment of exposures and risks
                                           other related information?
                                                                                                    2014 (79 FR 44729) (FRL–9911–67),                     associated with sedaxane follows.
                                              You may access a frequently updated                   EPA issued a document pursuant to
                                           electronic version of EPA’s tolerance                    FFDCA section 408(d)(3), 21 U.S.C.                    A. Toxicological Profile
                                           regulations at 40 CFR part 180 through                   346a(d)(3), announcing the filing of a                   EPA has evaluated the available
                                           the Government Printing Office’s e-CFR                   pesticide petition (PP 4F8263) by                     toxicity data and considered its validity,
                                           site at http://www.ecfr.gov/cgi-bin/text-                Syngenta Crop Protection, LLC, 410                    completeness, and reliability as well as
                                           idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                     Swing Road, P.O. Box 18300,                           the relationship of the results of the
                                           40tab_02.tpl.                                            Greensboro, NC 27419. The petition                    studies to human risk. EPA has also
                                                                                                    requested that 40 CFR part 180 be                     considered available information
                                           C. How can I file an objection or hearing
                                                                                                    amended by establishing tolerances for                concerning the variability of the
                                           request?
                                                                                                    residues of the fungicide sedaxane, N-                sensitivities of major identifiable
                                             Under FFDCA section 408(g), 21                         [2-[1,1′-bicyclopropyl]-2-ylphenyl]-3-                subgroups of consumers, including
                                           U.S.C. 346a, any person may file an                      (difluoromethyl)-1-methyl-1H-pyrazole-                infants and children. The toxicological
                                           objection to any aspect of this regulation               4-carboxamide, as a seed treatment for                effects reported in the submitted animal
                                           and may also request a hearing on those                  cotton, undelinted seed at 0.01 parts per             studies such as mitochondrial
                                           objections. You must file your objection                 million (ppm); cotton, gin byproducts at              disintegration and glycogen depletion in
                                           or request a hearing on this regulation                  0.01 ppm; and beet, sugar at 0.01 ppm.                the liver are consistent with the
                                           in accordance with the instructions                      That document referenced a summary of                 pesticidal mode of action also being the
                                           provided in 40 CFR part 178. To ensure                   the petition prepared by Syngenta Crop                mode of toxic action in mammals. The
                                           proper receipt by EPA, you must                          Protection, LLC, the registrant, which is             rat is the most sensitive species tested,
                                           identify docket ID number EPA–HQ–                        available in the docket, http://                      and the main target tissue for sedaxane
                                           OPP–2014–0354 in the subject line on                     www.regulations.gov. There were no                    is the liver. Sedaxane also caused
                                           the first page of your submission. All                   comments received in response to the                  thyroid hypertrophy/hyperplasia. In the
                                           objections and requests for a hearing                    notice of filing.                                     acute neurotoxicity (ACN) and sub-
                                           must be in writing, and must be                             Based upon review of the data                      chronic neurotoxicity (SCN) studies,
                                           received by the Hearing Clerk on or                      supporting the petition, EPA has altered              sedaxane caused decreased activity,
                                           before September 21, 2015. Addresses                     the commodity name from ‘‘beet, sugar’’               decreased muscle tone, decreased
                                           for mail and hand delivery of objections                 to ‘‘beet, sugar, roots’’. The reason for             rearing, and decreased grip strength.
                                           and hearing requests are provided in 40                  this change is explained in Unit IV.D.                There are indications of reproductive
                                           CFR 178.25(b).                                                                                                 toxicity in rats such as decreased follicle
                                             In addition to filing an objection or                  III. Aggregate Risk Assessment and                    counts, but these effects did not result
                                           hearing request with the Hearing Clerk                   Determination of Safety                               in reduced fertility. Offspring effects in
                                           as described in 40 CFR part 178, please                     Section 408(b)(2)(A)(i) of FFDCA                   the reproduction study occurred at the
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                                           submit a copy of the filing (excluding                   allows EPA to establish a tolerance (the              same doses causing parental effects, and
                                           any Confidential Business Information                    legal limit for a pesticide chemical                  do not indicate any quantitative or
                                           (CBI)) for inclusion in the public docket.               residue in or on a food) only if EPA                  qualitative increase in sensitivity in rat
                                           Information not marked confidential                      determines that the tolerance is ‘‘safe.’’            pups. In the rat, no adverse effects in
                                           pursuant to 40 CFR part 2 may be                         Section 408(b)(2)(A)(ii) of FFDCA                     fetuses were seen in developmental
                                           disclosed publicly by EPA without prior                  defines ‘‘safe’’ to mean that ‘‘there is a            toxicity studies at maternally toxic


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                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations                                           43325

                                           doses. In the rabbit, fetal toxicity                      effects caused by sedaxane as well as                dose at which no adverse effects are
                                           (increased unossified sternebrae and                      the no-observed-adverse-effect-level                 observed (the NOAEL) and the lowest
                                           13th rudimentary ribs, decrease in fetal                  (NOAEL) and the lowest-observed-                     dose at which adverse effects of concern
                                           weights, increased numbers of                             adverse-effect-level (LOAEL) from the                are identified (the LOAEL). Uncertainty/
                                           abortions) was observed at the same                       toxicity studies can be found at http://             safety factors (U/SF) are used in
                                           doses that produced toxicity in the                       www.regulations.gov in document                      conjunction with the POD to calculate a
                                           dams (abortions, decreased body weight                    ‘‘Sedaxane. Human Health Risk                        safe exposure level—generally referred
                                           gain/body weight loss, reduced food                       Assessment to Support New Seed                       to as a population-adjusted dose (PAD)
                                           consumption, defecation), and therefore                   Treatment Uses on Cotton and Sugar                   or a reference dose (RfD)—and a safe
                                           does not indicate any increased                           Beet’’ on pages 13–20 in docket ID                   margin of exposure (MOE). For non-
                                           susceptibility. Sedaxane is tumorigenic                   number EPA–HQ–OPP–2014–0354.                         threshold risks, the Agency assumes
                                           in the liver in the rat and mouse, and                    B. Toxicological Points of Departure/                that any amount of exposure will lead
                                           led to tumors in the thyroid and uterus                   Levels of Concern                                    to some degree of risk. Thus, the Agency
                                           in the rat and was classified as ‘‘likely                                                                      estimates risk in terms of the probability
                                                                                                        Once a pesticide’s toxicological
                                           to be carcinogenic to humans.’’                                                                                of an occurrence of the adverse effect
                                                                                                     profile is determined, EPA identifies
                                           Sedaxane was negative in the                                                                                   expected in a lifetime. For more
                                                                                                     toxicological points of departure (POD)
                                           mutagenicity studies. The 28-day                          and levels of concern to use in                      information on the general principles
                                           dermal study did not show systemic                        evaluating the risk posed by human                   EPA uses in risk characterization and a
                                           toxicity at the limit dose of 1,000                       exposure to the pesticide. For hazards               complete description of the risk
                                           milligrams/kilogram/day (mg/kg/day).                      that have a threshold below which there              assessment process, see http://
                                           Sedaxane has low acute toxicity by the                    is no appreciable risk, the toxicological            www.epa.gov/pesticides/factsheets/
                                           oral, dermal, and inhalation routes. It is                POD is used as the basis for derivation              riskassess.htm.
                                           not a dermal sensitizer, causes no skin                   of reference values for risk assessment.                A summary of the toxicological
                                           irritation and only slight eye irritation.                PODs are developed based on a careful                endpoints for sedaxane used for human
                                              Specific information on the studies                    analysis of the doses in each                        risk assessment is shown in the Table of
                                           received and the nature of the adverse                    toxicological study to determine the                 this unit.

                                                 TABLE—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR SEDAXANE FOR USE IN HUMAN HEALTH RISK
                                                                                         ASSESSMENT
                                                                                     Point of departure         RfD, PAD, LOC for
                                                                                             and
                                                  Exposure/Scenario                                                    risk                               Study and toxicological effects
                                                                                     uncertainty/safety            assessment
                                                                                           factors

                                           Acute dietary (All populations,         NOAEL = 30 mg/kg/            Acute RfD = 0.30    Rat ACN Study.
                                             including children and women           day.                          mg/kg/day.        LOAEL = 250 mg/kg based on reduced activity, decreased
                                             13–49 years of age).                  UFA = 10x ................   aPAD = 0.30 mg/kg/    rearing, initial inactivity, piloerection, ruffled fur and recum-
                                                                                   UFH = 10x ................     day.                bency, decreased BW, decreased BWG and food consump-
                                                                                   FQPA SF = 1x .........                             tion (males). In females, weakened condition, swaying gait,
                                                                                                                                      and decreased activity, reduced muscle tone, decreased lo-
                                                                                                                                      comotor activity and rearing. The weakened condition,
                                                                                                                                      swaying gait and decreased activity were observed on days
                                                                                                                                      2–7, while the other effects were on day 1.
                                           Chronic dietary (All populations)       NOAEL= 11 mg/kg/           Chronic RfD = 0.11    Chronic Rat Study.
                                                                                      day.                      mg/kg/day.          NOAEL= 11/14 mg/kg bw/day (male/female).
                                                                                   UFA = 10x ................ cPAD = 0.11 mg/kg/    LOAEL = 67/86 mg/kg bw/day (male/female) based on de-
                                                                                   UFH = 10x ................   day.                  creased hind limb grip strength increased liver weight, in-
                                                                                   FQPA SF = 1x .........                             creased incidences of hepatocyte hypertrophy and
                                                                                                                                      eosinophilic foci, and thyroid follicular cell hypertrophy, baso-
                                                                                                                                      philic colloid, epithelial desquamation and increased phos-
                                                                                                                                      phate levels (males). In females it was based on decreased
                                                                                                                                      body weight and body weight gain, increased liver weight
                                                                                                                                      and the same histopathology noted above for males.
                                           Cancer (Oral, dermal, inhala-            ‘‘Likely to be Carcinogenic to Humans’’ based on significant tumor increases in two adequate rodent carcino-
                                             tion).                                            genicity studies. Q1* = 4.64 × 10 ¥ 3 (mg/kg/day)¥1 (linear low-dose extrapolation model).
                                              FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. mg/kg/day = milligram/kilogram/day.
                                           NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty
                                           factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population
                                           (intraspecies). Q1* = Linear cancer slope factor


                                           C. Exposure Assessment                                    EPA assessed dietary exposures from                     Such effects were identified for
                                                                                                     sedaxane in food as follows:                         sedaxane. In estimating acute dietary
                                             1. Dietary exposure from food and                          i. Acute exposure. Quantitative acute             exposure, EPA used food consumption
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                                           feed uses. In evaluating dietary                          dietary exposure and risk assessments                information from the United States
                                           exposure to sedaxane, EPA considered                      are performed for a food-use pesticide,              Department of Agriculture (USDA)
                                           exposure under the petitioned-for                         if a toxicological study has indicated the           National Health and Nutrition
                                           tolerances as well as all existing                        possibility of an effect of concern                  Examination Survey, What We Eat in
                                           sedaxane tolerances in 40 CFR 180.665.                    occurring as a result of a 1-day or single           America, (NHANES/WWEIA) conducted
                                                                                                     exposure.                                            from 2003–2008. As to residue levels in


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                                           43326             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations

                                           food, EPA conducted a highly                             evaluation of the estimate of PCT as                     2. Dietary exposure from drinking
                                           conservative acute dietary assessment                    required by FFDCA section 408(b)(2)(F),               water. The Agency used screening level
                                           using tolerance-level residues and 100%                  EPA may require registrants to submit                 water exposure models in the dietary
                                           crop treated assumptions for all                         data on PCT. The Agency estimated the                 exposure analysis and risk assessment
                                           commodities.                                             PCT for existing uses as follows: For                 for sedaxane in drinking water. These
                                              ii. Chronic exposure. In conducting                   chronic and cancer dietary exposure                   simulation models take into account
                                           the chronic dietary exposure assessment                  assessment, 100 PCT was assumed for                   data on the physical, chemical, and fate/
                                           EPA used the food consumption data                       all commodities except for soybeans                   transport characteristics of sedaxane.
                                           from the USDA NHANES/WWEIA                               (51%), wheat (32%) and potato (67%),                  Drinking water accounted for 95% of
                                           conducted from 2003–2008. As to                          which incorporated average PCT                        the total dietary exposure to sedaxane.
                                           residue levels in food, EPA conducted a                  estimates.                                            Further information regarding EPA
                                           partially refined chronic dietary                           In most cases, EPA uses available data             drinking water models used in pesticide
                                           assessment using anticipated residue                     from United States Department of                      exposure assessment can be found at
                                           levels for all commodities and percent                   Agriculture/National Agricultural                     http://www.epa.gov/oppefed1/models/
                                           crop treated data.                                       Statistics Service (USDA/NASS),                       water/index.htm.
                                              iii. Cancer. Based on the data                        proprietary market surveys, and the                      Based on the FQPA Index Reservoir
                                           summarized in Unit III.A., EPA has                       National Pesticide Use Database for the               Screening Tool (FIRST) and Pesticide
                                           concluded that sedaxane should be                        chemical/crop combination for the most                Root Zone Model Ground Water (PRZM
                                           classified as ‘‘Likely to be Carcinogenic                recent 6–7 years. EPA uses an average                 GW), the estimated drinking water
                                           to Humans’’ and a linear approach has                    PCT for chronic dietary risk analysis.                concentrations (EDWCs) of sedaxane for
                                           been used to quantify cancer risk.                       The average PCT figure for each existing              acute exposures are estimated to be 4.1
                                           Cancer risk was quantified using the                     use is derived by combining available                 parts per billion (ppb) for surface water
                                           same estimates as discussed in Unit                      public and private market survey data                 and 22.0 ppb for ground water, for
                                           III.C.1.ii., Chronic exposure. A linear                  for that use, averaging across all                    chronic exposures and cancer
                                           low-dose extrapolation model (Q1*) =                     observations, and rounding to the                     assessments are estimated to be 1.2 ppb
                                           4.64 × 10¥3 (mg/kg/day)¥1 was used to                    nearest 5%, except for those situations               for surface water and 19.3 ppb for
                                           estimate cancer risk.                                    in which the average PCT is less than                 ground water.
                                              iv. Anticipated residue and percent                   one. In those cases, 1% is used as the                   Modeled estimates of drinking water
                                           crop treated (PCT) information.                          average PCT and 2.5% is used as the                   concentrations were directly entered
                                              Section 408(b)(2)(E) of FFDCA                         maximum PCT. EPA uses a maximum                       into the dietary exposure model. For
                                           authorizes EPA to use available data and                 PCT for acute dietary risk analysis. The              acute dietary risk assessment, the water
                                           information on the anticipated residue                   maximum PCT figure is the highest                     concentration value of 22.0 ppb was
                                           levels of pesticide residues in food and                 observed maximum value reported                       used to assess the contribution to
                                           the actual levels of pesticide residues                  within the recent 6 years of available                drinking water. For chronic and cancer
                                           that have been measured in food. If EPA                  public and private market survey data                 dietary risk assessment, the water
                                           relies on such information, EPA must                     for the existing use and rounded up to                concentration of value 19.3 ppb was
                                           require pursuant to FFDCA section                        the nearest multiple of 5%.                           used to assess the contribution to
                                           408(f)(1) that data be provided 5 years                     The Agency believes that the three                 drinking water.
                                           after the tolerance is established,                      conditions discussed in Unit III.C.1.iv.                 3. From non-dietary exposure. The
                                           modified, or left in effect, demonstrating               have been met. With respect to                        term ‘‘residential exposure’’ is used in
                                           that the levels in food are not above the                Condition a, PCT estimates are derived                this document to refer to non-
                                           levels anticipated. For the present                      from Federal and private market survey                occupational, non-dietary exposure
                                           action, EPA will issue such data call-ins                data, which are reliable and have a valid             (e.g., for lawn and garden pest control,
                                           as are required by FFDCA section                         basis. The Agency is reasonably certain               indoor pest control, termiticides, and
                                           408(b)(2)(E) and authorized under                        that the percentage of the food treated               flea and tick control on pets). Sedaxane
                                           FFDCA section 408(f)(1). Data will be                    is not likely to be an underestimation.               is not registered for any specific use
                                           required to be submitted no later than                   As to Conditions b and c, regional                    patterns that would result in residential
                                           5 years from the date of issuance of                     consumption information and                           exposure.
                                           these tolerances.                                        consumption information for significant                  4. Cumulative effects from substances
                                              Section 408(b)(2)(F) of FFDCA states                  subpopulations is taken into account                  with a common mechanism of toxicity.
                                           that the Agency may use data on the                      through EPA’s computer-based model                    Section 408(b)(2)(D)(v) of FFDCA
                                           actual percent of food treated for                       for evaluating the exposure of                        requires that, when considering whether
                                           assessing chronic dietary risk only if:                  significant subpopulations including                  to establish, modify, or revoke a
                                              • Condition a: The data used are                      several regional groups. Use of this                  tolerance, the Agency consider
                                           reliable and provide a valid basis to                    consumption information in EPA’s risk                 ‘‘available information’’ concerning the
                                           show what percentage of the food                         assessment process ensures that EPA’s                 cumulative effects of a particular
                                           derived from such crop is likely to                      exposure estimate does not understate                 pesticide’s residues and ‘‘other
                                           contain the pesticide residue.                           exposure for any significant                          substances that have a common
                                              • Condition b: The exposure estimate                  subpopulation group and allows the                    mechanism of toxicity.’’ EPA has not
                                           does not underestimate exposure for any                  Agency to be reasonably certain that no               found sedaxane to share a common
                                           significant subpopulation group.                         regional population is exposed to                     mechanism of toxicity with any other
                                              • Condition c: Data are available on                  residue levels higher than those                      substances, and sedaxane does not
                                           pesticide use and food consumption in                    estimated by the Agency. Other than the               appear to produce a toxic metabolite
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                                           a particular area, the exposure estimate                 data available through national food                  produced by other substances. For the
                                           does not understate exposure for the                     consumption surveys, EPA does not                     purposes of this tolerance action,
                                           population in such area.                                 have available reliable information on                therefore, EPA has assumed that
                                              In addition, the Agency must provide                  the regional consumption of food to                   sedaxane does not have a common
                                           for periodic evaluation of any estimates                 which sedaxane may be applied in a                    mechanism of toxicity with other
                                           used. To provide for the periodic                        particular area.                                      substances. For information regarding


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                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations                                        43327

                                           EPA’s efforts to determine which                            i. The toxicity database for sedaxane                1. Acute risk. Using the exposure
                                           chemicals have a common mechanism                        is complete.                                          assumptions discussed in this unit for
                                           of toxicity and to evaluate the                             ii. There is no indication that                    acute exposure, the acute dietary
                                           cumulative effects of such chemicals,                    sedaxane is a neurotoxic chemical and                 exposure from food and water to
                                           see EPA’s Web site at http://                            there is no need for a developmental                  sedaxane will occupy 1.3% of the aPAD
                                           www.epa.gov/pesticides/cumulative.                       neurotoxicity study or additional UFs to              for all infants (<1 year old), the
                                                                                                    account for neurotoxicity. Although                   population group receiving the greatest
                                           D. Safety Factor for Infants and                         sedaxane caused changes in apical                     exposure.
                                           Children                                                 endpoints such as decreased activity,                   2. Chronic risk. Using the exposure
                                              1. In general. Section 408(b)(2)(C) of                decreased muscle tone, decreased                      assumptions described in this unit for
                                           FFDCA provides that EPA shall apply                      rearing and decreased grip strength in                chronic exposure, EPA has concluded
                                           an additional tenfold (10X) margin of                    the ACN and SCN studies, EPA believes                 that chronic exposure to sedaxane from
                                           safety for infants and children in the                   these effects do not support a finding                food and water will utilize 1% of the
                                           case of threshold effects to account for                 that sedaxane is a neurotoxicant. The                 cPAD for all infants (<1 year old), the
                                           prenatal and postnatal toxicity and the                  observed effects in the ACN and SCN                   population group receiving the greatest
                                           completeness of the database on toxicity                 studies were likely secondary to                      exposure. There are no residential uses
                                           and exposure unless EPA determines                       inhibition of mitochondrial energy                    for sedaxane.
                                           based on reliable data that a different                  production caused by sedaxane.                          3. Short- and Intermediate-term risk.
                                           margin of safety will be safe for infants                Furthermore, there was no corroborative               Short- and intermediate-term aggregate
                                           and children. This additional margin of                  neuro-histopathology demonstrated in                  exposure takes into account short-term
                                           safety is commonly referred to as the                    any study, even at the highest doses                  residential exposure plus chronic
                                           FQPA SF. In applying this provision,                     tested (i.e., 2,000 mg/kg/day). Therefore,            exposure to food and water (considered
                                           EPA either retains the default value of                  based on its chemical structure, its                  to be a background exposure level).
                                           10X, or uses a different additional safety               pesticidal mode of action, and lack of                  A short- and intermediate-term
                                                                                                    evidence of neuro-histopathology in any               adverse effect was identified; however,
                                           factor when reliable data available to
                                                                                                    acute and repeated-dose toxicity study,               sedaxane is not registered for any use
                                           EPA support the choice of a different
                                                                                                    sedaxane does not demonstrate                         patterns that would result in short- or
                                           factor.
                                                                                                    potential for neurotoxicity. Since                    intermediate-term residential exposure.
                                              2. Prenatal and postnatal sensitivity.                                                                      Short- and intermediate-term risk is
                                                                                                    sedaxane did not demonstrate increased
                                           There is no evidence for increased                                                                             assessed based on short- and
                                                                                                    susceptibility to the young or specific
                                           susceptibility following prenatal and/or                                                                       intermediate-term residential exposure
                                                                                                    neurotoxicity, a developmental
                                           postnatal exposures to sedaxane based                                                                          plus chronic dietary exposure. Because
                                                                                                    neurotoxicity (DNT) study is not
                                           on effects seen in developmental                                                                               there is no short- or intermediate-term
                                                                                                    required.
                                           toxicity studies in rabbits or rats. In                     iii. As discussed in Unit III.D.2., there          residential exposure and chronic dietary
                                           range finding and definitive                             is no evidence that sedaxane results in               exposure has already been assessed
                                           developmental toxicity studies in rats,                  increased susceptibility in in utero rats             under the appropriately protective
                                           neither quantitative nor qualitative                     or rabbits in the prenatal developmental              cPAD (which is at least as protective as
                                           evidence of increased susceptibility of                  studies or in young rats in the 2-                    the POD used to assess short-term risk),
                                           fetuses to in utero exposure to sedaxane                 generation reproduction study.                        no further assessment of short- and
                                           was observed. In these studies, there                       iv. There are no residual uncertainties            intermediate-term risk is necessary, and
                                           were no single-dose effects. There was                   identified in the exposure databases.                 EPA relies on the chronic dietary risk
                                           no evidence of increased susceptibility                  The dietary food exposure assessments                 assessment for evaluating short- and
                                           in a 2-generation reproduction study in                  are highly conservative (acute) or only               intermediate-term risk for sedaxane.
                                           rats following prenatal or postnatal                     partially refined (chronic), resulting in               4. Aggregate cancer risk for U.S.
                                           exposure to sedaxane. Clear NOAELs/                      high-end estimates of dietary food                    population. The Agency has classified
                                           LOAELs were established for the                          exposure. EPA made conservative                       sedaxane as ‘‘Likely to be Carcinogenic
                                           developmental effects seen in rats and                   (protective) assumptions in the ground                to Humans’’ based on significant tumor
                                           rabbits as well as for the offspring                     and surface water modeling used to                    increases in two adequate rodent
                                           effects seen in the 2-generation                         assess exposure to sedaxane in drinking               carcinogenicity studies. A cancer
                                           reproduction study. The dose-response                    water. These assessments will not                     dietary risk assessment was conducted
                                           relationship for the effects of concern is               underestimate the exposure and risks                  using a linear low-dose extrapolation
                                           well characterized. The NOAEL used for                   posed by sedaxane.                                    model (Q1*) = 4.64 × 10¥3 (mg/kg/
                                           the acute dietary risk assessment (30                                                                          day)¥1 which indicated a risk estimate
                                           mg/kg/day), based on effects observed in                 E. Aggregate Risks and Determination of               to the U.S. population as 2 × 10¥6. EPA
                                           the ACN study, is protective of the                      Safety                                                generally considers cancer risks in the
                                           developmental and offspring effects                         EPA determines whether acute and                   range of 10¥6 or less to be negligible.
                                           seen in rabbits and rats (NOAELs of                      chronic dietary pesticide exposures are               The precision that can be assumed for
                                           100–200 mg/kg/day). In addition, there                   safe by comparing aggregate exposure                  cancer risk estimates is best described
                                           is no evidence of neuropathology or                      estimates to the acute PAD (aPAD) and                 by rounding to the nearest integral order
                                           abnormalities in the development of the                  chronic PAD (cPAD). For linear cancer                 of magnitude on the log scale; for
                                           fetal nervous system from the available                  risks, EPA calculates the lifetime                    example, risks falling between 3 × 10¥7
                                           toxicity studies conducted with                          probability of acquiring cancer given the             and 3 × 10¥6 are expressed as risks in
                                           sedaxane.                                                estimated aggregate exposure. Short-,                 the range of 10¥6. Considering the
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                                              3. Conclusion. EPA has determined                     intermediate-, and chronic-term risks                 precision with which cancer hazard can
                                           that reliable data show the safety of                    are evaluated by comparing the                        be estimated, the conservativeness of
                                           infants and children would be                            estimated aggregate food, water, and                  low-dose linear extrapolation, and the
                                           adequately protected if the FQPA SF                      residential exposure to the appropriate               rounding procedure described above in
                                           were reduced to 1x. That decision is                     PODs to ensure that an adequate MOE                   this unit, cancer risk should generally
                                           based on the following findings:                         exists.                                               not be assumed to exceed the


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                                           43328             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations

                                           benchmark level of concern of the range                  Organization food standards program,                  require the issuance of a proposed rule,
                                           of 10¥6 until the calculated risk exceeds                and it is recognized as an international              the requirements of the Regulatory
                                           approximately 3 × 10¥6. This is                          food safety standards-setting                         Flexibility Act (RFA) (5 U.S.C. 601 et
                                           particularly the case where some                         organization in trade agreements to                   seq.), do not apply.
                                           conservatism is maintained in the                        which the United States is a party. EPA                  This action directly regulates growers,
                                           exposure assessment. Based on this                       may establish a tolerance that is                     food processors, food handlers, and food
                                           approach, EPA considers the risks of                     different from a Codex MRL; however,                  retailers, not States or tribes, nor does
                                           cancer from exposure to sedaxane to be                   FFDCA section 408(b)(4) requires that                 this action alter the relationships or
                                           negligible.                                              EPA explain the reasons for departing                 distribution of power and
                                              5. Determination of safety. Based on                  from the Codex level. The Codex has not               responsibilities established by Congress
                                           these risk assessments, EPA concludes                    established MRLs for sedaxane.                        in the preemption provisions of FFDCA
                                           that there is a reasonable certainty that                C. Revisions to Petitioned-For                        section 408(n)(4). As such, the Agency
                                           no harm will result to the general                       Tolerances                                            has determined that this action will not
                                           population, or to infants and children                                                                         have a substantial direct effect on States
                                           from aggregate exposure to sedaxane                         Although the petitioner sought a
                                                                                                    tolerance for the commodity name                      or tribal governments, on the
                                           residues.                                                                                                      relationship between the national
                                                                                                    ‘‘beet, sugar’’, EPA is establishing a
                                           IV. Other Considerations                                 tolerance for ‘‘beet, sugar, roots’’ to be            government and the States or tribal
                                                                                                    consistent with the general food and                  governments, or on the distribution of
                                           A. Analytical Enforcement Methodology                                                                          power and responsibilities among the
                                                                                                    feed commodity vocabulary EPA uses
                                              Adequate enforcement methodology                      for tolerances and exemptions.                        various levels of government or between
                                           (liquid chromatography/tandem mass                                                                             the Federal Government and Indian
                                           spectrometry (LC/MS/MS)) is available                    V. Conclusion                                         tribes. Thus, the Agency has determined
                                           to enforce the tolerance expression. A                     Therefore, tolerances are established               that Executive Order 13132, entitled
                                           modification of the Quick, Easy, Cheap,                  for residues of sedaxane, N-[2-[1,1′-                 ‘‘Federalism’’ (64 FR 43255, August 10,
                                           Effective, Rugged, and Safe (QuEChERS)                   bicyclopropyl]-2-ylphenyl]-3-                         1999) and Executive Order 13175,
                                           method was developed for the                             (difluoromethyl)-1-methyl-1H-pyrazole-                entitled ‘‘Consultation and Coordination
                                           determination of residues of sedaxane                    4-carboxamide, as a seed treatment for                with Indian Tribal Governments’’ (65 FR
                                           (as its isomers SYN508210 and                            cotton, undelinted seed at 0.01 ppm;                  67249, November 9, 2000) do not apply
                                           SYN508211) in/on various crops. The                      cotton, gin byproducts at 0.01 ppm; and               to this action. In addition, this action
                                           sedaxane isomers (SYN508210 and                          beet, sugar, roots at 0.01 ppm.                       does not impose any enforceable duty or
                                           SYN508211) are quantitatively                                                                                  contain any unfunded mandate as
                                           determined by LC/MS/MS. The                              VI. Statutory and Executive Order                     described under Title II of the Unfunded
                                           validated limit of quantitation (LOQ)                    Reviews                                               Mandates Reform Act (UMRA) (2 U.S.C.
                                           reported in the method is 0.005 ppm for                     This action establishes tolerances                 1501 et seq.).
                                           both sedaxane isomers. A successful                      under FFDCA section 408(d) in                            This action does not involve any
                                           independent laboratory validation (ILV)                  response to a petition submitted to the               technical standards that would require
                                           study was also conducted on the                          Agency. The Office of Management and                  Agency consideration of voluntary
                                           modified QuEChERS method using                           Budget (OMB) has exempted these types                 consensus standards pursuant to section
                                           samples of wheat green forage and                        of actions from review under Executive                12(d) of the National Technology
                                           wheat straw fortified with SYN508210                     Order 12866, entitled ‘‘Regulatory                    Transfer and Advancement Act
                                           and SYN508211 at 0.005 and 0.05 ppm.                     Planning and Review’’ (58 FR 51735,                   (NTTAA) (15 U.S.C. 272 note).
                                           The analytical standard for sedaxane,                    October 4, 1993). Because this action
                                           with an expiration date of February 28,                  has been exempted from review under                   VII. Congressional Review Act
                                           2018, is currently available in the EPA                  Executive Order 12866, this action is
                                                                                                    not subject to Executive Order 13211,                   Pursuant to the Congressional Review
                                           National Pesticide Standards
                                                                                                    entitled ‘‘Actions Concerning                         Act (5 U.S.C. 801 et seq.), EPA will
                                           Repository.
                                                                                                    Regulations That Significantly Affect                 submit a report containing this rule and
                                              The method may be requested from:
                                                                                                    Energy Supply, Distribution, or Use’’ (66             other required information to the U.S.
                                           Chief, Analytical Chemistry Branch,
                                                                                                    FR 28355, May 22, 2001) or Executive                  Senate, the U.S. House of
                                           Environmental Science Center, 701
                                                                                                    Order 13045, entitled ‘‘Protection of                 Representatives, and the Comptroller
                                           Mapes Rd., Ft. Meade, MD 20755–5350;
                                                                                                    Children from Environmental Health                    General of the United States prior to
                                           telephone number: (410) 305–2905;
                                                                                                    Risks and Safety Risks’’ (62 FR 19885,                publication of the rule in the Federal
                                           email address: residuemethods@
                                                                                                    April 23, 1997). This action does not                 Register. This action is not a ‘‘major
                                           epa.gov.
                                                                                                    contain any information collections                   rule’’ as defined by 5 U.S.C. 804(2).
                                           B. International Residue Limits
                                                                                                    subject to OMB approval under the                     List of Subjects in 40 CFR Part 180
                                             In making its tolerance decisions, EPA                 Paperwork Reduction Act (PRA) (44
                                           seeks to harmonize U.S. tolerances with                  U.S.C. 3501 et seq.), nor does it require               Environmental protection,
                                           international standards whenever                         any special considerations under                      Administrative practice and procedure,
                                           possible, consistent with U.S. food                      Executive Order 12898, entitled                       Agricultural commodities, Pesticides
                                           safety standards and agricultural                        ‘‘Federal Actions to Address                          and pests, Reporting and recordkeeping
                                           practices. EPA considers the                             Environmental Justice in Minority                     requirements.
                                           international maximum residue limits                     Populations and Low-Income                               Dated: July 16, 2015.
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                                           (MRLs) established by the Codex                          Populations’’ (59 FR 7629, February 16,               G. Jeffrey Herndon,
                                           Alimentarius Commission (Codex), as                      1994).                                                Acting Director, Registration Division, Office
                                           required by FFDCA section 408(b)(4).                        Since tolerances and exemptions that               of Pesticide Programs.
                                           The Codex Alimentarius is a joint                        are established on the basis of a petition
                                           United Nations Food and Agriculture                      under FFDCA section 408(d), such as                     Therefore, 40 CFR chapter I is
                                           Organization/World Health                                the tolerances in this final rule, do not             amended as follows:


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                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations                                         43329

                                           PART 180—[AMENDED]                                     Regulatory Public Docket (OPP Docket)                   OPP–2014–0232 in the subject line on
                                                                                                  in the Environmental Protection Agency                  the first page of your submission. All
                                           ■ 1. The authority citation for part 180               Docket Center (EPA/DC), West William                    objections and requests for a hearing
                                           continues to read as follows:                          Jefferson Clinton Bldg., Rm. 3334, 1301                 must be in writing, and must be
                                              Authority: 21 U.S.C. 321(q), 346a and 371.          Constitution Ave. NW., Washington, DC                   received by the Hearing Clerk on or
                                           ■ 2. In § 180.665, add alphabetically the
                                                                                                  20460–0001. The Public Reading Room                     before September 21, 2015. Addresses
                                           following commodities to the table in                  is open from 8:30 a.m. to 4:30 p.m.,                    for mail and hand delivery of objections
                                           paragraph (a) to read as follows:                      Monday through Friday, excluding legal                  and hearing requests are provided in 40
                                                                                                  holidays. The telephone number for the                  CFR 178.25(b).
                                           § 180.665 Sedaxane; tolerances for                     Public Reading Room is (202) 566–1744,                    In addition to filing an objection or
                                           residues.                                              and the telephone number for the OPP                    hearing request with the Hearing Clerk
                                              (a) * * *                                           Docket is (703) 305–5805. Please review                 as described in 40 CFR part 178, please
                                                                                                  the visitor instructions and additional                 submit a copy of the filing (excluding
                                                                                        Parts     information about the docket available                  any Confidential Business Information
                                                       Commodity                         per      at http://www.epa.gov/dockets.                          (CBI)) for inclusion in the public docket.
                                                                                        million
                                                                                                  FOR FURTHER INFORMATION CONTACT:                        Information not marked confidential
                                                                                                  Susan Lewis, Registration Division                      pursuant to 40 CFR part 2 may be
                                               *        *           *               *        *    (7505P), Office of Pesticide Programs,                  disclosed publicly by EPA without prior
                                           Beet, sugar, roots .........................      0.01 Environmental Protection Agency, 1200                   notice. Submit the non-CBI copy of your
                                                                                                  Pennsylvania Ave. NW., Washington,                      objection or hearing request, identified
                                               *        *           *               *        *    DC 20460–0001; main telephone                           by docket ID number EPA–HQ–OPP–
                                           Cotton, undelinted seed ...............           0.01                                                         2014–0232, by one of the following
                                                                                                  number: (703) 305–7090; email address:
                                           Cotton, gin byproducts .................          0.01
                                                                                                  RDFRNotices@epa.gov.                                    methods:
                                               *        *           *               *        *    SUPPLEMENTARY INFORMATION:                                • Federal eRulemaking Portal: http://
                                                                                                                                                          www.regulations.gov. Follow the online
                                                                                                    I. General Information                                instructions for submitting comments.
                                           *      *     *       *       *
                                           [FR Doc. 2015–17999 Filed 7–21–15; 8:45 am]              A. Does this action apply to me?                      Do not submit electronically any
                                           BILLING CODE 6560–50–P                                                                                         information you consider to be CBI or
                                                                                                       You may be potentially affected by                 other information whose disclosure is
                                                                                                    this action if you are an agricultural                restricted by statute.
                                                                                                    producer, food manufacturer, or
                                           ENVIRONMENTAL PROTECTION                                                                                         • Mail: OPP Docket, Environmental
                                                                                                    pesticide manufacturer. The following
                                           AGENCY                                                                                                         Protection Agency Docket Center (EPA/
                                                                                                    list of North American Industrial
                                                                                                                                                          DC), (28221T), 1200 Pennsylvania Ave.
                                           40 CFR Part 180                                          Classification System (NAICS) codes is
                                                                                                                                                          NW., Washington, DC 20460–0001.
                                                                                                    not intended to be exhaustive, but rather
                                           [EPA–HQ–OPP–2014–0232; FRL–9929–57]                                                                              • Hand Delivery: To make special
                                                                                                    provides a guide to help readers
                                                                                                                                                          arrangements for hand delivery or
                                                                                                    determine whether this document
                                           Novaluron; Pesticide Tolerances                                                                                delivery of boxed information, please
                                                                                                    applies to them. Potentially affected
                                                                                                                                                          follow the instructions at http://
                                           AGENCY:  Environmental Protection                        entities may include:
                                                                                                       • Crop production (NAICS code 111).                www.epa.gov/dockets/contacts.html.
                                           Agency (EPA).
                                                                                                       • Animal production (NAICS code                      Additional instructions on
                                           ACTION: Final rule.
                                                                                                    112).                                                 commenting or visiting the docket,
                                           SUMMARY:   This regulation establishes                      • Food manufacturing (NAICS code                   along with more information about
                                           tolerances for residues of novaluron in                  311).                                                 dockets generally, is available at
                                           or on multiple commodities and                              • Pesticide manufacturing (NAICS                   http://www.epa.gov/dockets.
                                           removes several existing tolerances                      code 32532).                                          II. Summary of Petitioned-For
                                           which are identified and discussed later                                                                       Tolerance
                                                                                                    B. How can I get electronic access to
                                           in this document. This regulation
                                                                                                    other related information?                               In the Federal Register of December
                                           additionally revises existing tolerances
                                           in or on vegetable, cucurbit, group 9;                      You may access a frequently updated                17, 2014 (79 FR 75107) (FRL–9918–90),
                                           and plum, prune, dried. Interregional                    electronic version of EPA’s tolerance                 EPA issued a document pursuant to
                                           Research Project Number 4 (IR–4)                         regulations at 40 CFR part 180 through                FFDCA section 408(d)(3), 21 U.S.C.
                                           requested these tolerances under the                     the Government Printing Office’s e-CFR                346a(d)(3), announcing the filing of a
                                           Federal Food, Drug, and Cosmetic Act                     site at http://www.ecfr.gov/cgi-bin/text-             pesticide petition (PP 4E8241) by
                                           (FFDCA).                                                 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  Interregional Research Project Number 4
                                                                                                    40tab_02.tpl.                                         (IR–4), 500 College Road East, Suite 201
                                           DATES: This regulation is effective July                                                                       W., Princeton, NJ 08540. The petition
                                           22, 2015. Objections and requests for                    C. How can I file an objection or hearing             requested that 40 CFR part 180 be
                                           hearings must be received on or before                   request?                                              amended by establishing tolerances for
                                           September 21, 2015, and must be filed                      Under FFDCA section 408(g), 21                      residues of the insecticide novaluron,
                                           in accordance with the instructions                      U.S.C. 346a, any person may file an                   (N-[[[3-chloro-4-[1,1,2-trifluoro-2-
                                           provided in 40 CFR part 178 (see also                    objection to any aspect of this regulation            (trifluoromethoxy)ethoxy]
                                           Unit I.C. of the SUPPLEMENTARY                           and may also request a hearing on those               phenyl]amino]carbonyl]-2,6-difluoro
Lhorne on DSK7TPTVN1PROD with RULES




                                           INFORMATION).                                            objections. You must file your objection              benzamide), in or on avocado at 0.60
                                           ADDRESSES: The docket for this action,                   or request a hearing on this regulation               parts per million (ppm); carrot at 0.05
                                           identified by docket identification (ID)                 in accordance with the instructions                   ppm; bean at 0.60 ppm; vegetable,
                                           number EPA–HQ–OPP–2014–0232, is                          provided in 40 CFR part 178. To ensure                fruiting, group 8–10 at 1.0 ppm; fruit,
                                           available at http://www.regulations.gov                  proper receipt by EPA, you must                       pome, group 11–10 at 2.0 ppm; cherry
                                           or at the Office of Pesticide Programs                   identify docket ID number EPA–HQ–                     subgroup 12–12A at 8.0 ppm; peach


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Document Created: 2015-12-15 12:54:53
Document Modified: 2015-12-15 12:54:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective July 22, 2015. Objections and requests for hearings must be received on or before September 21, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email
FR Citation80 FR 43323 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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