80_FR_45218 80 FR 45073 - Fluxapyroxad; Pesticide Tolerances

80 FR 45073 - Fluxapyroxad; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45073-45078
FR Document2015-18544

This regulation establishes tolerances for residues of fluxapyroxad in or on cotton, gin byproducts and cotton, undelinted seed. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45073-45078]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18544]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0638; FRL-9930-73]


Fluxapyroxad; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes tolerances for residues of 
fluxapyroxad in or on cotton, gin byproducts and cotton, undelinted 
seed. BASF Corporation requested these tolerances under the Federal 
Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 29, 2015. Objections and 
requests for hearings must be received on or before September 28, 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-2012-0638, 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, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@epa.gov.

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. To access the OCSPP 
test guidelines referenced in this document electronically, please go 
to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''

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-2012-0638 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 28, 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-2012-0638, 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 December 17, 2014 (79 FR 75107) (FRL-
9918-90),

[[Page 45074]]

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 4F8270) 
by BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709. 
The petition requested that 40 CFR 180.666 be amended by establishing 
tolerances for residues of the fungicide fluxapyroxad (BAS 700 F), 3-
(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-yl)-
1H-pyrazole-4-carboxamide, its metabolites, and degradates, in or on 
cotton, gin byproducts at 20 parts per million (ppm); cotton undelinted 
seed at 0.30 ppm. That document referenced a summary of the petition 
prepared by BASF Corporation, the registrant, which is available in the 
docket, http://www.regulations.gov. There were no comments received in 
response to the notice of filing

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 fluxapyroxad including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with fluxapyroxad 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.
    Fluxapyroxad is of low acute toxicity by the oral, dermal and 
inhalation routes, is not irritating to the eyes and skin, and is not a 
dermal sensitizer. The primary target organ for fluxapyroxad exposure 
via the oral route is the liver with secondary toxicity in the thyroid 
for rats only. Liver toxicity was observed in rats, mice, and dogs, 
with rats as the most sensitive species for all durations of exposure. 
In rats, adaptive effects of hepatocellular hypertrophy and increased 
liver weights and changes in liver enzyme activities were first 
observed. As the dose or duration of exposure to fluxapyroxad 
increased, clinical chemistry changes related to liver function also 
occurred, followed by hepatocellular necrosis, neoplastic changes in 
the liver, and tumors. Thyroid effects were observed only in rats. 
These effects were secondary to changes in liver enzyme regulation, 
which increased metabolism of thyroid hormone, resulting in changes in 
thyroid hormones, thyroid follicular hypertrophy and hyperplasia, and 
thyroid tumor formation. Tumors were not observed in species other than 
rats or in organs other than the liver and thyroid.
    Fluxapyroxad is classified as ``Not likely to be Carcinogenic to 
Humans'' based on convincing evidence that carcinogenic effects are not 
likely below a defined dose range. There is no mutagenicity concern 
from in vivo or in vitro assays. The hypothesized mode of action (i.e., 
a non-genotoxic) for treatment related tumors (i.e., the liver and 
thyroid) was supported by a full panel of in vitro and in vivo studies 
that showed no evidence of genotoxicity, together with mechanistic 
studies in the liver and thyroid of rats that satisfied stringent 
criteria for establishing tumorgenic modes of action. The studies 
clearly identified the sequence of key events, dose-response 
concordance and temporal relationship to the tumor types. The Agency 
has determined that the chronic population adjusted dose (PAD) will 
adequately account for all chronic effects, including carcinogenicity 
that could result from exposure to fluxapyroxad because the points of 
departure (POD) for the chronic population adjusted dose (cPAD) is 
based on the most sensitive endpoint, liver effects. Effects in the 
liver preceded liver tumors and the effects observed in the thyroid (in 
rats only) were believed to be secondary to the liver effects.
    No evidence of neurotoxicity was observed in response to repeated 
administration of fluxapyroxad. An acute neurotoxicity study showed 
decreased rearing and motor activity. This occurred on the day of 
dosing only and in the absence of histopathological effects or 
alterations in brain weights. This indicated that any neurotoxic 
effects of fluxapyroxad are likely to be transient and reversible due 
to alterations in neuropharmacology and not from neuronal damage. There 
were no neurotoxic effects observed in the subchronic dietary toxicity 
study. No evidence of reproductive toxicity was observed. Developmental 
effects observed in both rats and mice (thyroid follicular hypertrophy 
and hyperplasia in rats and decreased defecation, food consumption, 
body weight/body weight gain, and increased litter loss in rabbits) 
occurred at the same doses as those that caused adverse effects in 
maternal animals, indicating no quantitative susceptibility. Since the 
maternal toxicities of thyroid hormone perturbation in rats and 
systemic toxicity in rabbits likely contributed to the observed 
developmental effects there is low concern for qualitative 
susceptibility. An immunotoxicity study in mice showed no evidence of 
immunotoxic effects from fluxapyroxad.
    Subchronic oral toxicity studies in rats, developmental toxicity 
studies in rabbits, and in vitro and in vivo genotoxicity studies were 
performed for fluxapyroxad metabolites F700F001, M700F002, and 
M700F048. Like fluxapyroxad, no genotoxic effects were observed for any 
of these metabolites. All three metabolites displayed lower subchronic 
toxicity via the oral route than fluxapyroxad, with evidence of non-
specific toxicity (decreased body weight) observed only for M700F0048 
at the limit dose. Only M700F0048 exhibited developmental toxicity at 
doses similar to those that caused developmental effects in rabbits 
with fluxapyroxad treatment. However, these effects (abortions and 
resorptions) were of a different nature than for fluxapyroxad (paw 
hyperflexion) and are considered secondary to maternal toxicity. The 
Agency considers these studies sufficient for hazard identification and 
characterization and concludes that these metabolites do not have 
hazards that exceed those of fluxapyroxad in nature, severity, or 
potency.
    Specific information on the studies received and the nature of the 
adverse effects caused by fluxapyroxad as well as the no-observed-
adverse-effect-level

[[Page 45075]]

(NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the 
toxicity studies can be found at http://www.regulations.gov in 
document, ``Human Health Risk Assessment for Use of Fluxapyroxad on 
Numerous Crops'' at pp. 52 in docket ID number EPA-HQ-OPP-2012-0638.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological 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 the NOAEL and the LOAEL are identified. Uncertainty/safety 
factors are used in conjunction with the POD to calculate a safe 
exposure level--generally referred to as a 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 chemical name used for 
human risk assessment is shown in Table 1 of this unit.

 Table 1--Summary of Toxicological Doses and Endpoints for Fluxapyroxad 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 (General population  NOAEL = 125 mg/kg/    Acute RfD = 1.25 mg/ Acute neurotoxicity study in rats
 including infants and children,    day.                  kg/day.             LOAEL = 500 mg/kg/day based on
 and females 13-49 years of age).  UFA = 10x...........  aPAD = 1.25 mg/kg/    decreased motor activity and
                                   UFH = 10x...........   day.                 decreased rearing.
                                   FQPA SF = 1x........
Chronic dietary (All populations)  NOAEL = 2.1 mg/kg/    Chronic RfD = 0.021  Chronic toxicity/carcinogenicity
                                    day.                  mg/kg/day.           study in rats
                                   UFA = 10x...........  cPAD = 0.021 mg/kg/  LOAEL = 11 mg/kg/day based on non-
                                   UFH = 10x...........   day.                 neoplastic changes in the liver
                                   FQPA SF = 1x........                        (foci, masses).
Incidental oral short-term (1 to   NOAEL = 9 mg/kg/day.  LOC for MOE = 100..  28-day oral toxicity study in rats
 30 days).                         UFA = 10x...........                       LOAEL = 176 mg/kg/day based on
                                   UFH = 10x...........                        changes in thyroid hormones and
                                   FQPA SF = 1x........                        thyroid follicular hypertrophy/
                                                                               hyperplasia.
Inhalation short-term (1 to 30     NOAEL= 9 mg/kg/day..  LOC for MOE = 100..  28-day oral toxicity study in rats
 days).                            UFA = 10x...........                       LOAEL = 176 mg/kg/day based on
                                   UFH = 10x...........                        changes in thyroid hormones and
                                   FQPA SF = 1x........                        thyroid follicular hypertrophy/
                                                                               hyperplasia.
                                  ------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)  Classification: Not likely to be carcinogenic to humans at doses sufficient
                                    to induce liver and/or thyroid tumors. Quantification of risk using a non-
                                    linear approach (i.e., RfD) will adequately account for all chronic
                                    toxicity, including carcinogenicity.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. 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). UFDB = to account for the absence of data or other
  data deficiency. UFH = potential variation in sensitivity among members of the human population
  (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term
  risk assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to fluxapyroxad, EPA considered exposure under the petitioned-
for tolerances as well as all existing fluxapyroxad tolerances in 40 
CFR 180.666. EPA assessed dietary exposures from fluxapyroxad 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 fluxapyroxad. In estimating acute dietary exposure, EPA used food 
consumption information from the United States Department of 
Agriculture (USDA) 2003-2008 National Health and Nutrition Examination 
Survey, What We Eat in America (NHANES/WWEIA). As to residue levels in 
food, EPA used tolerance-level residues adjusted upward to account for 
metabolites of concern not included in the tolerance expression, 100 
percent crop treated (PCT) assumptions, and dietary exposure evaluation 
model (DEEM) default and empirical processing factors.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA 2003-2008 
NHANES/WWEIA. As to residue levels in food, a moderately refined 
chronic dietary exposure analysis was performed. An assumption of 100 
PCT and DEEM default and empirical processing factors were used for the 
chronic dietary analysis. Combined average field-trial residues for 
parent and highest field-trial residues for metabolites of concern were 
used for all plant commodities. For livestock commodities tolerance-
level residues adjusted upward to account for

[[Page 45076]]

metabolites of concern not included in the tolerance expression were 
used.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that a nonlinear RfD approach is appropriate for assessing 
cancer risk to fluxapyroxad. Cancer risk was assessed using the same 
exposure estimates as discussed in Unit III.C.1.ii., chronic exposure.
    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.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for fluxapyroxad in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of fluxapyroxad. 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 Tier 1 Rice Model and the Pesticide Root Zone Model 
Ground Water (PRZM GW), the estimated drinking water concentrations 
(EDWCs) of fluxapyroxad for acute exposures are estimated to be 127 
parts per billion (ppb) for surface water and 203 ppb for ground water. 
The EDWCs for chronic exposures for non-cancer assessments are 
estimated to be 127 ppb for surface water and 184 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 203 ppb was used to assess 
the contribution to drinking water. For chronic dietary risk 
assessment, the water concentration of value 184 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). Fluxapyroxad is 
currently registered for the following uses that could result in 
residential exposures: Residential turf. EPA assessed residential 
exposure using the following assumptions: Residential handler exposures 
are expected to be short-term (1 to 30 days) via either the dermal or 
inhalation routes of exposures. Intermediate-term exposures are not 
likely because of the intermittent nature of applications by 
homeowners. Since no dermal hazard was identified for fluxapyroxad, 
MOEs were calculated for the inhalation route of exposure only.
    Both adults and children may be exposed to fluxapyroxad residues 
from contact with treated lawns. Adult post-application exposures were 
not quantitatively assessed since no dermal hazard was identified for 
fluxapyroxad and inhalation exposures are typically negligible in 
outdoor settings. The exposure assessment for children included 
incidental oral exposure resulting from transfer of residues from the 
hands or objects to the mouth, and from incidental ingestion of soil. 
Post-application hand-to-mouth and object-to-mouth exposures are 
expected to be short-term (1 to 30 days) in duration due to the 
intermittent nature of applications in residential environments. 
Further information regarding EPA standard assumptions and generic 
inputs for residential exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    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 fluxapyroxad to share a common mechanism of 
toxicity with any other substances, and fluxapyroxad does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
fluxapyroxad does not have a common mechanism of toxicity with other 
substances. For information regarding 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 Food Quality 
Protection Act Safety Factor (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. No evidence of quantitative 
susceptibility was observed in a reproductive and developmental 
toxicity study in rats or in developmental toxicity studies in rats and 
rabbits. Developmental toxicity data in rats showed decreased body 
weight and body weight gain in the offspring at the same dose levels 
that caused thyroid follicular hypertrophy/hyperplasia in parental 
animals. Effects in rabbits were limited to paw hyperflexion, a 
malformation that is not considered to result from a single exposure 
and that usually reverses as the animal matures. Developmental effects 
observed in both rats and rabbits occurred at the same doses as those 
that caused adverse effects in maternal animals, indicating no 
quantitative susceptibility. The Agency has low concern for 
developmental toxicity because the observed effects were of low 
severity, were likely secondary to maternal toxicity, and demonstrated 
clear NOAELs. Further, the NOAELs for these effects were at dose levels 
higher than the points of departure selected for risk assessment for 
repeat-exposure scenarios. Therefore, based on the available data and 
the selection of risk assessment endpoints that are protective of 
developmental effects, there are no residual uncertainties with regard 
to pre- and/or postnatal toxicity.
    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 fluxapyroxad is complete. Although no 
subchronic inhalation data is available,

[[Page 45077]]

EPA has waived that data requirement based on, among other things, its 
conclusion that even if an additional 10X safety factor was applied, 
inhalation exposure would not raise a risk of concern.
    ii. There is no indication that fluxapyroxad is a neurotoxic 
chemical and there is no need for a developmental neurotoxicity study 
or additional UFs to account for neurotoxicity. Neither the acute nor 
the subchronic neurotoxicity studies indicated specific neurotoxicity 
responses to fluxapyroxad. Because fluxapyroxad can disrupt thyroid 
hormone levels, the Agency considered the potential for fluxapyroxad to 
cause developmental neurotoxicity as a result of thyroid hormone 
disruption, which is more sensitive endpoint than the endpoints used in 
a developmental neurotoxicity study. Based on its evaluation of thyroid 
hormone data submitted for fluxapyroxad and the ontogeny of thyroid 
hormone metabolism, the Agency has determined that adverse thyroid 
hormone disruptions in the young are unlikely to occur at dose levels 
as low as the points of departure chosen for risk assessment. The 
Agency has low concern for neurotoxic effects of fluxapyroxad at any 
life stage.
    iii. Based on the developmental and reproductive toxicity studies 
discussed in Unit III.D.2., there are no residual uncertainties with 
regard to prenatal and/or postnatal toxicity.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100 PCT and tolerance-level residues or field trial residue data. 
The dietary risk assessment is based on reliable data, is conservative 
and will not underestimate dietary exposure to fluxapyroxad. EPA made 
conservative (protective) assumptions in the ground and surface water 
modeling used to assess exposure to fluxapyroxad in drinking water. EPA 
used similarly conservative assumptions to assess postapplication 
exposure of children as well as incidental oral exposure of toddlers. 
These assessments will not underestimate the exposure and risks posed 
by fluxapyroxad.

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 fluxapyroxad will occupy 12% of the aPAD for children 3-5 years 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 
fluxapyroxad from food and water will utilize 64% of the cPAD for 
infants (< 1 year old). Based on the explanation in Unit III.C.3., 
regarding residential use patterns, chronic residential exposure to 
residues of fluxapyroxad is not expected.
    3. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level). Fluxapyroxad 
is currently registered for uses that could result in short-term 
residential exposure, and the Agency has determined that it is 
appropriate to aggregate chronic exposure through food and water with 
short-term residential exposures to fluxapyroxad. Using the exposure 
assumptions described in this unit for short-term exposures, EPA has 
concluded the combined short-term food, water, and residential 
exposures result in aggregate MOEs of 320 for adults and 560 for 
children. Because EPA's level of concern for fluxapyroxad is a MOE of 
100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). An intermediate-term adverse effect was identified; however, 
fluxapyroxad is not registered for any use patterns that would result 
in intermediate-term residential exposure. Intermediate-term risk is 
assessed based on intermediate-term residential exposure plus chronic 
dietary exposure. Because there is no 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 intermediate-term risk), no further assessment 
of intermediate-term risk is necessary, and EPA relies on the chronic 
dietary risk assessment for evaluating intermediate-term risk for 
fluxapyroxad.
    5. Aggregate cancer risk for U.S. population. As discussed in Unit 
III.A., EPA has classified fluxapyroxad as ``Not likely to be 
Carcinogenic to Humans'' based on convincing evidence that carcinogenic 
effects are not likely below a defined dose range. The Agency has 
determined that the quantification of risk using the cPAD for 
fluxapyroxad will adequately account for all chronic toxicity, 
including carcinogenicity that could result from exposure to 
fluxapyroxad. As noted above, chronic exposure to fluxapyroxad from 
food and water will utilize 64% of the cPAD for infants (< 1year old) 
the population group receiving the greatest exposure.
    6. 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 fluxapyroxad residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    A Liquid Chromatography-Mass Spectrometer/Mass Spectrometer (LC/MS/
MS) method is available as an enforcement method. This method uses 
reversed-phase High Pressure Liquid Chromatography (HPLC) with gradient 
elution, and includes 2 ion transitions to be monitored for the parent 
fluxapyroxad.
    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: 
residuemethods@epa.gov.

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,

[[Page 45078]]

FFDCA section 408(b)(4) requires that EPA explain the reasons for 
departing from the Codex level.
    There is a Codex MRL for cotton, undelinted seed at 0.01 ppm. 
However, this MRL is based on seed treatment of cotton, and not foliar 
applications (which is the proposed use for the U.S. registration and 
which results in higher residues). Therefore, there is no ground for 
harmonization of U.S. tolerance and Codex MRL.

V. Conclusion

    Therefore, tolerances are established for residues of fluxapyroxad 
[3-(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-
yl)-1H-pyrazole-4-carboxamide], including its metabolites and 
degradates, in or on cotton, gin byproducts at 20 ppm and cotton 
undelinted seed at 0.30 ppm.

VI. Statutory and Executive Order Reviews

    This action amends existing 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 22, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

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.  180.666, revise the entries for ``Cotton, gin byproducts'' 
and ``Cotton, undelinted seed'' in the table in paragraph (a) to read 
as follows:


Sec.  180.666  Fluxapyroxad; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Cotton, gin byproducts..................................           20
Cotton, undelinted seed.................................            0.30
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18544 Filed 7-28-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                                                          45073

                                                                                                     WEST VIRGINIA—2006 24-HOUR PM2.5 NAAQS—Continued
                                                                                                                                         [Primary and secondary]

                                                                                                                                                                                            Designation                      Classification
                                                                                         Designated area a
                                                                                                                                                                        Date 1                            Type           Date 2       Type

                                                      Webster County ...................................................................................         ........................   Unclassifiable/Attainment.
                                                      Wetzel County .....................................................................................        ........................   Unclassifiable/Attainment.
                                                      Wirt County ..........................................................................................     ........................   Unclassifiable/Attainment.
                                                      Wood County .......................................................................................        ........................   Unclassifiable/Attainment.
                                                      Wyoming County .................................................................................           ........................   Unclassifiable/Attainment.
                                                    a Includes Indian Country located in each county or area, except as otherwise specified.
                                                    1 This date is 30 days after November 13, 2009, unless otherwise noted.
                                                    2 This date is July 2, 2014, unless otherwise noted.




                                                *       *         *        *         *                                  FOR FURTHER INFORMATION CONTACT:                                          or request a hearing on this regulation
                                                [FR Doc. 2015–18532 Filed 7–28–15; 8:45 am]                             Susan Lewis, Registration Division                                        in accordance with the instructions
                                                BILLING CODE 6560–50–P                                                  (7505P), Office of Pesticide Programs,                                    provided in 40 CFR part 178. To ensure
                                                                                                                        Environmental Protection Agency, 1200                                     proper receipt by EPA, you must
                                                                                                                        Pennsylvania Ave. NW., Washington,                                        identify docket ID number EPA–HQ–
                                                ENVIRONMENTAL PROTECTION                                                DC 20460–0001; main telephone                                             OPP–2012–0638 in the subject line on
                                                AGENCY                                                                  number: (703) 305–7090; email address:                                    the first page of your submission. All
                                                                                                                        RDFRNotices@epa.gov.                                                      objections and requests for a hearing
                                                40 CFR Part 180                                                                                                                                   must be in writing, and must be
                                                                                                                        SUPPLEMENTARY INFORMATION:
                                                [EPA–HQ–OPP–2012–0638; FRL–9930–73]
                                                                                                                                                                                                  received by the Hearing Clerk on or
                                                                                                                        I. General Information                                                    before September 28, 2015. Addresses
                                                Fluxapyroxad; Pesticide Tolerances                                      A. Does this action apply to me?                                          for mail and hand delivery of objections
                                                                                                                                                                                                  and hearing requests are provided in 40
                                                AGENCY:  Environmental Protection                                          You may be potentially affected by                                     CFR 178.25(b).
                                                Agency (EPA).                                                           this action if you are an agricultural                                      In addition to filing an objection or
                                                ACTION: Final rule.                                                     producer, food manufacturer, or                                           hearing request with the Hearing Clerk
                                                                                                                        pesticide manufacturer. The following                                     as described in 40 CFR part 178, please
                                                SUMMARY:   This regulation establishes                                  list of North American Industrial                                         submit a copy of the filing (excluding
                                                tolerances for residues of fluxapyroxad                                 Classification System (NAICS) codes is                                    any Confidential Business Information
                                                in or on cotton, gin byproducts and                                     not intended to be exhaustive, but rather                                 (CBI)) for inclusion in the public docket.
                                                cotton, undelinted seed. BASF                                           provides a guide to help readers                                          Information not marked confidential
                                                Corporation requested these tolerances                                  determine whether this document                                           pursuant to 40 CFR part 2 may be
                                                under the Federal Food, Drug, and                                       applies to them. Potentially affected                                     disclosed publicly by EPA without prior
                                                Cosmetic Act (FFDCA).                                                   entities may include:                                                     notice. Submit the non-CBI copy of your
                                                DATES: This regulation is effective July                                   • Crop production (NAICS code 111).                                    objection or hearing request, identified
                                                29, 2015. Objections and requests for                                      • Animal production (NAICS code                                        by docket ID number EPA–HQ–OPP–
                                                hearings must be received on or before                                  112).                                                                     2012–0638, by one of the following
                                                September 28, 2015, and must be filed                                      • Food manufacturing (NAICS code                                       methods:
                                                in accordance with the instructions                                     311).                                                                       • Federal eRulemaking Portal: http://
                                                provided in 40 CFR part 178 (see also                                      • Pesticide manufacturing (NAICS                                       www.regulations.gov. Follow the online
                                                Unit I.C. of the SUPPLEMENTARY                                          code 32532).                                                              instructions for submitting comments.
                                                INFORMATION).                                                           B. How can I get electronic access to                                     Do not submit electronically any
                                                                                                                        other related information?                                                information you consider to be CBI or
                                                ADDRESSES:    The docket for this action,                                                                                                         other information whose disclosure is
                                                identified by docket identification (ID)                                   You may access a frequently updated                                    restricted by statute.
                                                number EPA–HQ–OPP–2012–0638, is                                         electronic version of EPA’s tolerance                                       • Mail: OPP Docket, Environmental
                                                available at http://www.regulations.gov                                 regulations at 40 CFR part 180 through                                    Protection Agency Docket Center (EPA/
                                                or at the Office of Pesticide Programs                                  the Government Printing Office’s e-CFR                                    DC), (28221T), 1200 Pennsylvania Ave.
                                                Regulatory Public Docket (OPP Docket)                                   site at http://www.ecfr.gov/cgi-bin/text-                                 NW., Washington, DC 20460–0001.
                                                in the Environmental Protection Agency                                  idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                                        • Hand Delivery: To make special
                                                Docket Center (EPA/DC), West William                                    40tab_02.tpl. To access the OCSPP test                                    arrangements for hand delivery or
                                                Jefferson Clinton Bldg., Rm. 3334, 1301                                 guidelines referenced in this document                                    delivery of boxed information, please
                                                Constitution Ave. NW., Washington, DC                                   electronically, please go to http://                                      follow the instructions at http://
                                                20460–0001. The Public Reading Room                                     www.epa.gov/ocspp and select ‘‘Test                                       www.epa.gov/dockets/contacts.html.
                                                is open from 8:30 a.m. to 4:30 p.m.,                                    Methods and Guidelines.’’                                                   Additional instructions on
                                                Monday through Friday, excluding legal                                                                                                            commenting or visiting the docket,
mstockstill on DSK4VPTVN1PROD with RULES




                                                holidays. The telephone number for the                                  C. How can I file an objection or hearing
                                                                                                                        request?                                                                  along with more information about
                                                Public Reading Room is (202) 566–1744,                                                                                                            dockets generally, is available at
                                                and the telephone number for the OPP                                      Under FFDCA section 408(g), 21                                          http://www.epa.gov/dockets.
                                                Docket is (703) 305–5805. Please review                                 U.S.C. 346a, any person may file an
                                                the visitor instructions and additional                                 objection to any aspect of this regulation                                II. Summary of Petitioned-for Tolerance
                                                information about the docket available                                  and may also request a hearing on those                                      In the Federal Register of December
                                                at http://www.epa.gov/dockets.                                          objections. You must file your objection                                  17, 2014 (79 FR 75107) (FRL–9918–90),


                                           VerDate Sep<11>2014        16:16 Jul 28, 2015       Jkt 235001      PO 00000       Frm 00023       Fmt 4700         Sfmt 4700      E:\FR\FM\29JYR1.SGM         29JYR1


                                                45074             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                EPA issued a document pursuant to                        the relationship of the results of the                only) were believed to be secondary to
                                                FFDCA section 408(d)(3), 21 U.S.C.                       studies to human risk. EPA has also                   the liver effects.
                                                346a(d)(3), announcing the filing of a                   considered available information                         No evidence of neurotoxicity was
                                                pesticide petition (PP 4F8270) by BASF                   concerning the variability of the                     observed in response to repeated
                                                Corporation, 26 Davis Drive, Research                    sensitivities of major identifiable                   administration of fluxapyroxad. An
                                                Triangle Park, NC 27709. The petition                    subgroups of consumers, including                     acute neurotoxicity study showed
                                                requested that 40 CFR 180.666 be                         infants and children.                                 decreased rearing and motor activity.
                                                amended by establishing tolerances for                      Fluxapyroxad is of low acute toxicity              This occurred on the day of dosing only
                                                residues of the fungicide fluxapyroxad                   by the oral, dermal and inhalation                    and in the absence of histopathological
                                                (BAS 700 F), 3-(difluoromethyl)-1-                       routes, is not irritating to the eyes and             effects or alterations in brain weights.
                                                methyl-N-(3′,4′,5′-trifluoro[1,1′-                       skin, and is not a dermal sensitizer. The             This indicated that any neurotoxic
                                                biphenyl]-2-yl)-1H-pyrazole-4-                           primary target organ for fluxapyroxad                 effects of fluxapyroxad are likely to be
                                                carboxamide, its metabolites, and                        exposure via the oral route is the liver              transient and reversible due to
                                                degradates, in or on cotton, gin                         with secondary toxicity in the thyroid                alterations in neuropharmacology and
                                                byproducts at 20 parts per million                       for rats only. Liver toxicity was                     not from neuronal damage. There were
                                                (ppm); cotton undelinted seed at 0.30                    observed in rats, mice, and dogs, with                no neurotoxic effects observed in the
                                                ppm. That document referenced a                          rats as the most sensitive species for all            subchronic dietary toxicity study. No
                                                summary of the petition prepared by                      durations of exposure. In rats, adaptive              evidence of reproductive toxicity was
                                                BASF Corporation, the registrant, which                  effects of hepatocellular hypertrophy                 observed. Developmental effects
                                                is available in the docket, http://                      and increased liver weights and changes               observed in both rats and mice (thyroid
                                                www.regulations.gov. There were no                       in liver enzyme activities were first                 follicular hypertrophy and hyperplasia
                                                comments received in response to the                     observed. As the dose or duration of                  in rats and decreased defecation, food
                                                notice of filing                                         exposure to fluxapyroxad increased,                   consumption, body weight/body weight
                                                                                                         clinical chemistry changes related to                 gain, and increased litter loss in rabbits)
                                                III. Aggregate Risk Assessment and                       liver function also occurred, followed                occurred at the same doses as those that
                                                Determination of Safety                                  by hepatocellular necrosis, neoplastic                caused adverse effects in maternal
                                                   Section 408(b)(2)(A)(i) of FFDCA                      changes in the liver, and tumors.                     animals, indicating no quantitative
                                                allows EPA to establish a tolerance (the                 Thyroid effects were observed only in                 susceptibility. Since the maternal
                                                legal limit for a pesticide chemical                     rats. These effects were secondary to                 toxicities of thyroid hormone
                                                residue in or on a food) only if EPA                     changes in liver enzyme regulation,                   perturbation in rats and systemic
                                                determines that the tolerance is ‘‘safe.’’               which increased metabolism of thyroid                 toxicity in rabbits likely contributed to
                                                Section 408(b)(2)(A)(ii) of FFDCA                        hormone, resulting in changes in                      the observed developmental effects
                                                defines ‘‘safe’’ to mean that ‘‘there is a               thyroid hormones, thyroid follicular                  there is low concern for qualitative
                                                reasonable certainty that no harm will                   hypertrophy and hyperplasia, and                      susceptibility. An immunotoxicity study
                                                result from aggregate exposure to the                    thyroid tumor formation. Tumors were                  in mice showed no evidence of
                                                pesticide chemical residue, including                    not observed in species other than rats               immunotoxic effects from fluxapyroxad.
                                                all anticipated dietary exposures and all                or in organs other than the liver and                    Subchronic oral toxicity studies in
                                                other exposures for which there is                       thyroid.                                              rats, developmental toxicity studies in
                                                reliable information.’’ This includes                       Fluxapyroxad is classified as ‘‘Not                rabbits, and in vitro and in vivo
                                                exposure through drinking water and in                   likely to be Carcinogenic to Humans’’                 genotoxicity studies were performed for
                                                residential settings, but does not include               based on convincing evidence that                     fluxapyroxad metabolites F700F001,
                                                occupational exposure. Section                           carcinogenic effects are not likely below             M700F002, and M700F048. Like
                                                408(b)(2)(C) of FFDCA requires EPA to                    a defined dose range. There is no                     fluxapyroxad, no genotoxic effects were
                                                give special consideration to exposure                   mutagenicity concern from in vivo or in               observed for any of these metabolites.
                                                of infants and children to the pesticide                 vitro assays. The hypothesized mode of                All three metabolites displayed lower
                                                chemical residue in establishing a                       action (i.e., a non-genotoxic) for                    subchronic toxicity via the oral route
                                                tolerance and to ‘‘ensure that there is a                treatment related tumors (i.e., the liver             than fluxapyroxad, with evidence of
                                                reasonable certainty that no harm will                   and thyroid) was supported by a full                  non-specific toxicity (decreased body
                                                result to infants and children from                      panel of in vitro and in vivo studies that            weight) observed only for M700F0048 at
                                                aggregate exposure to the pesticide                      showed no evidence of genotoxicity,                   the limit dose. Only M700F0048
                                                chemical residue. . . .’’                                together with mechanistic studies in the              exhibited developmental toxicity at
                                                   Consistent with FFDCA section                         liver and thyroid of rats that satisfied              doses similar to those that caused
                                                408(b)(2)(D), and the factors specified in               stringent criteria for establishing                   developmental effects in rabbits with
                                                FFDCA section 408(b)(2)(D), EPA has                      tumorgenic modes of action. The studies               fluxapyroxad treatment. However, these
                                                reviewed the available scientific data                   clearly identified the sequence of key                effects (abortions and resorptions) were
                                                and other relevant information in                        events, dose-response concordance and                 of a different nature than for
                                                support of this action. EPA has                          temporal relationship to the tumor                    fluxapyroxad (paw hyperflexion) and
                                                sufficient data to assess the hazards of                 types. The Agency has determined that                 are considered secondary to maternal
                                                and to make a determination on                           the chronic population adjusted dose                  toxicity. The Agency considers these
                                                aggregate exposure for fluxapyroxad                      (PAD) will adequately account for all                 studies sufficient for hazard
                                                including exposure resulting from the                    chronic effects, including                            identification and characterization and
                                                tolerances established by this action.                   carcinogenicity that could result from                concludes that these metabolites do not
mstockstill on DSK4VPTVN1PROD with RULES




                                                EPA’s assessment of exposures and risks                  exposure to fluxapyroxad because the                  have hazards that exceed those of
                                                associated with fluxapyroxad follows.                    points of departure (POD) for the                     fluxapyroxad in nature, severity, or
                                                                                                         chronic population adjusted dose                      potency.
                                                A. Toxicological Profile                                 (cPAD) is based on the most sensitive                    Specific information on the studies
                                                  EPA has evaluated the available                        endpoint, liver effects. Effects in the               received and the nature of the adverse
                                                toxicity data and considered its validity,               liver preceded liver tumors and the                   effects caused by fluxapyroxad as well
                                                completeness, and reliability as well as                 effects observed in the thyroid (in rats              as the no-observed-adverse-effect-level


                                           VerDate Sep<11>2014   16:16 Jul 28, 2015   Jkt 235001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\29JYR1.SGM   29JYR1


                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                           45075

                                                (NOAEL) and the lowest-observed-                         hazards that have a threshold below                    that any amount of exposure will lead
                                                adverse-effect-level (LOAEL) from the                    which there is no appreciable risk, the                to some degree of risk. Thus, the Agency
                                                toxicity studies can be found at http://                 toxicological POD is used as the basis                 estimates risk in terms of the probability
                                                www.regulations.gov in document,                         for derivation of reference values for                 of an occurrence of the adverse effect
                                                ‘‘Human Health Risk Assessment for                       risk assessment. PODs are developed                    expected in a lifetime. For more
                                                Use of Fluxapyroxad on Numerous                          based on a careful analysis of the doses               information on the general principles
                                                Crops’’ at pp. 52 in docket ID number                    in each toxicological study to determine               EPA uses in risk characterization and a
                                                EPA–HQ–OPP–2012–0638.                                    the dose at which the NOAEL and the                    complete description of the risk
                                                B. Toxicological Points of Departure/                    LOAEL are identified. Uncertainty/                     assessment process, see http://
                                                Levels of Concern                                        safety factors are used in conjunction                 www.epa.gov/pesticides/factsheets/
                                                  Once a pesticide’s toxicological                       with the POD to calculate a safe                       riskassess.htm.
                                                profile is determined, EPA identifies                    exposure level—generally referred to as                   A summary of the toxicological
                                                toxicological POD and levels of concern                  a PAD or a reference dose (RfD)—and a                  endpoints for chemical name used for
                                                to use in evaluating the risk posed by                   safe margin of exposure (MOE). For non-                human risk assessment is shown in
                                                human exposure to the pesticide. For                     threshold risks, the Agency assumes                    Table 1 of this unit.
                                                  TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR FLUXAPYROXAD 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 (General popu-            NOAEL = 125 mg/             Acute RfD = 1.25             Acute neurotoxicity study in rats
                                                  lation including infants and           kg/day.                      mg/kg/day.                 LOAEL = 500 mg/kg/day based on decreased motor activity
                                                  children, and females 13–49           UFA = 10× ...............   aPAD = 1.25 mg/kg/             and decreased rearing.
                                                  years of age).                        UFH = 10× ...............     day.
                                                                                        FQPA SF = 1× .........
                                                Chronic dietary (All populations)       NOAEL = 2.1 mg/kg/          Chronic RfD = 0.021          Chronic toxicity/carcinogenicity study in rats
                                                                                         day.                         mg/kg/day.                 LOAEL = 11 mg/kg/day based on non-neoplastic changes in
                                                                                        UFA = 10× ...............   cPAD = 0.021 mg/               the liver (foci, masses).
                                                                                        UFH = 10× ...............     kg/day.
                                                                                        FQPA SF = 1× .........
                                                Incidental oral short-term (1 to        NOAEL = 9 mg/kg/            LOC for MOE = 100            28-day oral toxicity study in rats
                                                  30 days).                              day.                                                    LOAEL = 176 mg/kg/day based on changes in thyroid hor-
                                                                                        UFA = 10× ...............                                  mones and thyroid follicular hypertrophy/hyperplasia.
                                                                                        UFH = 10× ...............
                                                                                        FQPA SF = 1× .........
                                                Inhalation short-term (1 to 30          NOAEL= 9 mg/kg/             LOC for MOE = 100            28-day oral toxicity study in rats
                                                  days).                                 day.                                                    LOAEL = 176 mg/kg/day based on changes in thyroid hor-
                                                                                        UFA = 10× ...............                                  mones and thyroid follicular hypertrophy/hyperplasia.
                                                                                        UFH = 10× ...............
                                                                                        FQPA SF = 1× .........

                                                Cancer (Oral, dermal, inhala-           Classification: Not likely to be carcinogenic to humans at doses sufficient to induce liver and/or thyroid tumors.
                                                  tion).                                Quantification of risk using a non-linear approach (i.e., RfD) will adequately account for all chronic toxicity, in-
                                                                                        cluding carcinogenicity.
                                                  FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day =
                                                milligram/kilogram/day. MOE = margin of exposure. 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). UFDB = to account for the ab-
                                                sence of data or other data deficiency. UFH = potential variation in sensitivity among members of the human population (intraspecies). UFL = use
                                                of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term risk assessment.


                                                C. Exposure Assessment                                   exposure. Such effects were identified                    ii. Chronic exposure. In conducting
                                                   1. Dietary exposure from food and                     for fluxapyroxad. In estimating acute                  the chronic dietary exposure assessment
                                                feed uses. In evaluating dietary                         dietary exposure, EPA used food                        EPA used the food consumption data
                                                exposure to fluxapyroxad, EPA                            consumption information from the                       from the USDA 2003–2008 NHANES/
                                                considered exposure under the                            United States Department of Agriculture                WWEIA. As to residue levels in food, a
                                                petitioned-for tolerances as well as all                 (USDA) 2003–2008 National Health and                   moderately refined chronic dietary
                                                existing fluxapyroxad tolerances in 40                   Nutrition Examination Survey, What We                  exposure analysis was performed. An
                                                CFR 180.666. EPA assessed dietary                        Eat in America (NHANES/WWEIA). As                      assumption of 100 PCT and DEEM
                                                exposures from fluxapyroxad in food as                   to residue levels in food, EPA used                    default and empirical processing factors
mstockstill on DSK4VPTVN1PROD with RULES




                                                follows:                                                 tolerance-level residues adjusted                      were used for the chronic dietary
                                                   i. Acute exposure. Quantitative acute                 upward to account for metabolites of                   analysis. Combined average field-trial
                                                dietary exposure and risk assessments                    concern not included in the tolerance                  residues for parent and highest field-
                                                are performed for a food-use pesticide,                  expression, 100 percent crop treated                   trial residues for metabolites of concern
                                                if a toxicological study has indicated the               (PCT) assumptions, and dietary                         were used for all plant commodities. For
                                                possibility of an effect of concern                      exposure evaluation model (DEEM)                       livestock commodities tolerance-level
                                                occurring as a result of a 1-day or single               default and empirical processing factors.              residues adjusted upward to account for


                                           VerDate Sep<11>2014   16:16 Jul 28, 2015   Jkt 235001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700    E:\FR\FM\29JYR1.SGM   29JYR1


                                                45076             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                metabolites of concern not included in                   (e.g., for lawn and garden pest control,              http://www.epa.gov/pesticides/
                                                the tolerance expression were used.                      indoor pest control, termiticides, and                cumulative.
                                                   iii. Cancer. Based on the data                        flea and tick control on pets).
                                                summarized in Unit III.A., EPA has                                                                             D. Safety Factor for Infants and
                                                                                                         Fluxapyroxad is currently registered for
                                                concluded that a nonlinear RfD                                                                                 Children
                                                                                                         the following uses that could result in
                                                approach is appropriate for assessing                    residential exposures: Residential turf.                 1. In general. Section 408(b)(2)(C) of
                                                cancer risk to fluxapyroxad. Cancer risk                 EPA assessed residential exposure using               FFDCA provides that EPA shall apply
                                                was assessed using the same exposure                     the following assumptions: Residential                an additional tenfold (10X) margin of
                                                estimates as discussed in Unit III.C.1.ii.,              handler exposures are expected to be                  safety for infants and children in the
                                                chronic exposure.                                        short-term (1 to 30 days) via either the              case of threshold effects to account for
                                                   iv. Anticipated residue and percent                   dermal or inhalation routes of                        prenatal and postnatal toxicity and the
                                                crop treated (PCT) information. Section                  exposures. Intermediate-term exposures                completeness of the database on toxicity
                                                408(b)(2)(E) of FFDCA authorizes EPA                     are not likely because of the intermittent            and exposure unless EPA determines
                                                to use available data and information on                 nature of applications by homeowners.                 based on reliable data that a different
                                                the anticipated residue levels of                        Since no dermal hazard was identified                 margin of safety will be safe for infants
                                                pesticide residues in food and the actual                for fluxapyroxad, MOEs were calculated                and children. This additional margin of
                                                levels of pesticide residues that have                   for the inhalation route of exposure                  safety is commonly referred to as the
                                                been measured in food. If EPA relies on                  only.                                                 Food Quality Protection Act Safety
                                                such information, EPA must require                          Both adults and children may be                    Factor (FQPA SF). In applying this
                                                pursuant to FFDCA section 408(f)(1)                      exposed to fluxapyroxad residues from                 provision, EPA either retains the default
                                                that data be provided 5 years after the                  contact with treated lawns. Adult post-               value of 10X, or uses a different
                                                tolerance is established, modified, or                                                                         additional safety factor when reliable
                                                                                                         application exposures were not
                                                left in effect, demonstrating that the                                                                         data available to EPA support the choice
                                                                                                         quantitatively assessed since no dermal
                                                levels in food are not above the levels                                                                        of a different factor.
                                                                                                         hazard was identified for fluxapyroxad                   2. Prenatal and postnatal sensitivity.
                                                anticipated. For the present action, EPA                 and inhalation exposures are typically
                                                will issue such data call-ins as are                                                                           No evidence of quantitative
                                                                                                         negligible in outdoor settings. The                   susceptibility was observed in a
                                                required by FFDCA section 408(b)(2)(E)
                                                                                                         exposure assessment for children                      reproductive and developmental
                                                and authorized under FFDCA section
                                                                                                         included incidental oral exposure                     toxicity study in rats or in
                                                408(f)(1). Data will be required to be
                                                                                                         resulting from transfer of residues from              developmental toxicity studies in rats
                                                submitted no later than 5 years from the
                                                                                                         the hands or objects to the mouth, and                and rabbits. Developmental toxicity data
                                                date of issuance of these tolerances.
                                                   2. Dietary exposure from drinking                     from incidental ingestion of soil. Post-              in rats showed decreased body weight
                                                water. The Agency used screening level                   application hand-to-mouth and object-                 and body weight gain in the offspring at
                                                water exposure models in the dietary                     to-mouth exposures are expected to be                 the same dose levels that caused thyroid
                                                exposure analysis and risk assessment                    short-term (1 to 30 days) in duration due             follicular hypertrophy/hyperplasia in
                                                for fluxapyroxad in drinking water.                      to the intermittent nature of                         parental animals. Effects in rabbits were
                                                These simulation models take into                        applications in residential                           limited to paw hyperflexion, a
                                                account data on the physical, chemical,                  environments. Further information                     malformation that is not considered to
                                                and fate/transport characteristics of                    regarding EPA standard assumptions                    result from a single exposure and that
                                                fluxapyroxad. Further information                        and generic inputs for residential                    usually reverses as the animal matures.
                                                regarding EPA drinking water models                      exposures may be found at http://                     Developmental effects observed in both
                                                used in pesticide exposure assessment                    www.epa.gov/pesticides/trac/science/                  rats and rabbits occurred at the same
                                                can be found at http://www.epa.gov/                      trac6a05.pdf.                                         doses as those that caused adverse
                                                oppefed1/models/water/index.htm.                            4. Cumulative effects from substances              effects in maternal animals, indicating
                                                   Based on the Tier 1 Rice Model and                    with a common mechanism of toxicity.                  no quantitative susceptibility. The
                                                the Pesticide Root Zone Model Ground                     Section 408(b)(2)(D)(v) of FFDCA                      Agency has low concern for
                                                Water (PRZM GW), the estimated                           requires that, when considering whether               developmental toxicity because the
                                                drinking water concentrations (EDWCs)                    to establish, modify, or revoke a                     observed effects were of low severity,
                                                of fluxapyroxad for acute exposures are                  tolerance, the Agency consider                        were likely secondary to maternal
                                                estimated to be 127 parts per billion                    ‘‘available information’’ concerning the              toxicity, and demonstrated clear
                                                (ppb) for surface water and 203 ppb for                  cumulative effects of a particular                    NOAELs. Further, the NOAELs for these
                                                ground water. The EDWCs for chronic                      pesticide’s residues and ‘‘other                      effects were at dose levels higher than
                                                exposures for non-cancer assessments                     substances that have a common                         the points of departure selected for risk
                                                are estimated to be 127 ppb for surface                  mechanism of toxicity.’’                              assessment for repeat-exposure
                                                water and 184 ppb for ground water.                         EPA has not found fluxapyroxad to                  scenarios. Therefore, based on the
                                                   Modeled estimates of drinking water                   share a common mechanism of toxicity                  available data and the selection of risk
                                                concentrations were directly entered                     with any other substances, and                        assessment endpoints that are protective
                                                into the dietary exposure model. For                     fluxapyroxad does not appear to                       of developmental effects, there are no
                                                acute dietary risk assessment, the water                 produce a toxic metabolite produced by                residual uncertainties with regard to
                                                concentration value of 203 ppb was                       other substances. For the purposes of                 pre- and/or postnatal toxicity.
                                                used to assess the contribution to                       this tolerance action, therefore, EPA has                3. Conclusion. EPA has determined
                                                drinking water. For chronic dietary risk                 assumed that fluxapyroxad does not                    that reliable data show the safety of
mstockstill on DSK4VPTVN1PROD with RULES




                                                assessment, the water concentration of                   have a common mechanism of toxicity                   infants and children would be
                                                value 184 ppb was used to assess the                     with other substances. For information                adequately protected if the FQPA SF
                                                contribution to drinking water.                          regarding EPA’s efforts to determine                  were reduced to 1X. That decision is
                                                   3. From non-dietary exposure. The                     which chemicals have a common                         based on the following findings:
                                                term ‘‘residential exposure’’ is used in                 mechanism of toxicity and to evaluate                    i. The toxicity database for
                                                this document to refer to non-                           the cumulative effects of such                        fluxapyroxad is complete. Although no
                                                occupational, non-dietary exposure                       chemicals, see EPA’s Web site at                      subchronic inhalation data is available,


                                           VerDate Sep<11>2014   16:16 Jul 28, 2015   Jkt 235001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\29JYR1.SGM   29JYR1


                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                         45077

                                                EPA has waived that data requirement                     intermediate-, and chronic-term risks                 chronic dietary risk assessment for
                                                based on, among other things, its                        are evaluated by comparing the                        evaluating intermediate-term risk for
                                                conclusion that even if an additional                    estimated aggregate food, water, and                  fluxapyroxad.
                                                10X safety factor was applied,                           residential exposure to the appropriate                  5. Aggregate cancer risk for U.S.
                                                inhalation exposure would not raise a                    PODs to ensure that an adequate MOE                   population. As discussed in Unit III.A.,
                                                risk of concern.                                         exists.                                               EPA has classified fluxapyroxad as ‘‘Not
                                                   ii. There is no indication that                          1. Acute risk. Using the exposure                  likely to be Carcinogenic to Humans’’
                                                fluxapyroxad is a neurotoxic chemical                    assumptions discussed in this unit for                based on convincing evidence that
                                                and there is no need for a                               acute exposure, the acute dietary                     carcinogenic effects are not likely below
                                                developmental neurotoxicity study or                     exposure from food and water to                       a defined dose range. The Agency has
                                                additional UFs to account for                            fluxapyroxad will occupy 12% of the                   determined that the quantification of
                                                neurotoxicity. Neither the acute nor the                 aPAD for children 3–5 years old, the                  risk using the cPAD for fluxapyroxad
                                                subchronic neurotoxicity studies                         population group receiving the greatest               will adequately account for all chronic
                                                indicated specific neurotoxicity                         exposure.                                             toxicity, including carcinogenicity that
                                                responses to fluxapyroxad. Because                          2. Chronic risk. Using the exposure                could result from exposure to
                                                fluxapyroxad can disrupt thyroid                         assumptions described in this unit for                fluxapyroxad. As noted above, chronic
                                                hormone levels, the Agency considered                    chronic exposure, EPA has concluded                   exposure to fluxapyroxad from food and
                                                the potential for fluxapyroxad to cause                  that chronic exposure to fluxapyroxad                 water will utilize 64% of the cPAD for
                                                developmental neurotoxicity as a result                  from food and water will utilize 64% of               infants (< 1year old) the population
                                                of thyroid hormone disruption, which is                  the cPAD for infants (< 1 year old).                  group receiving the greatest exposure.
                                                more sensitive endpoint than the                         Based on the explanation in Unit                         6. Determination of safety. Based on
                                                endpoints used in a developmental                        III.C.3., regarding residential use                   these risk assessments, EPA concludes
                                                neurotoxicity study. Based on its                        patterns, chronic residential exposure to             that there is a reasonable certainty that
                                                evaluation of thyroid hormone data                       residues of fluxapyroxad is not                       no harm will result to the general
                                                submitted for fluxapyroxad and the                       expected.                                             population, or to infants and children
                                                ontogeny of thyroid hormone                                 3. Short-term risk. Short-term                     from aggregate exposure to fluxapyroxad
                                                metabolism, the Agency has determined                    aggregate exposure takes into account                 residues.
                                                that adverse thyroid hormone                             short-term residential exposure plus
                                                disruptions in the young are unlikely to                 chronic exposure to food and water                    IV. Other Considerations
                                                occur at dose levels as low as the points                (considered to be a background
                                                                                                                                                               A. Analytical Enforcement Methodology
                                                of departure chosen for risk assessment.                 exposure level). Fluxapyroxad is
                                                The Agency has low concern for                           currently registered for uses that could                 A Liquid Chromatography-Mass
                                                neurotoxic effects of fluxapyroxad at                    result in short-term residential                      Spectrometer/Mass Spectrometer (LC/
                                                any life stage.                                          exposure, and the Agency has                          MS/MS) method is available as an
                                                   iii. Based on the developmental and                   determined that it is appropriate to                  enforcement method. This method uses
                                                reproductive toxicity studies discussed                  aggregate chronic exposure through food               reversed-phase High Pressure Liquid
                                                in Unit III.D.2., there are no residual                  and water with short-term residential                 Chromatography (HPLC) with gradient
                                                uncertainties with regard to prenatal                    exposures to fluxapyroxad. Using the                  elution, and includes 2 ion transitions
                                                and/or postnatal toxicity.                               exposure assumptions described in this                to be monitored for the parent
                                                   iv. There are no residual uncertainties               unit for short-term exposures, EPA has                fluxapyroxad.
                                                identified in the exposure databases.                    concluded the combined short-term                        The method may be requested from:
                                                The dietary food exposure assessments                    food, water, and residential exposures                Chief, Analytical Chemistry Branch,
                                                were performed based on 100 PCT and                      result in aggregate MOEs of 320 for                   Environmental Science Center, 701
                                                tolerance-level residues or field trial                  adults and 560 for children. Because                  Mapes Rd., Ft. Meade, MD 20755–5350;
                                                residue data. The dietary risk                           EPA’s level of concern for fluxapyroxad               telephone number: (410) 305–2905;
                                                assessment is based on reliable data, is                 is a MOE of 100 or below, these MOEs                  email address: residuemethods@
                                                conservative and will not underestimate                  are not of concern.                                   epa.gov.
                                                dietary exposure to fluxapyroxad. EPA                       4. Intermediate-term risk.
                                                                                                         Intermediate-term aggregate exposure                  B. International Residue Limits
                                                made conservative (protective)
                                                assumptions in the ground and surface                    takes into account intermediate-term                    In making its tolerance decisions, EPA
                                                water modeling used to assess exposure                   residential exposure plus chronic                     seeks to harmonize U.S. tolerances with
                                                to fluxapyroxad in drinking water. EPA                   exposure to food and water (considered                international standards whenever
                                                used similarly conservative assumptions                  to be a background exposure level). An                possible, consistent with U.S. food
                                                to assess postapplication exposure of                    intermediate-term adverse effect was                  safety standards and agricultural
                                                children as well as incidental oral                      identified; however, fluxapyroxad is not              practices. EPA considers the
                                                exposure of toddlers. These assessments                  registered for any use patterns that                  international maximum residue limits
                                                will not underestimate the exposure and                  would result in intermediate-term                     (MRLs) established by the Codex
                                                risks posed by fluxapyroxad.                             residential exposure. Intermediate-term               Alimentarius Commission (Codex), as
                                                                                                         risk is assessed based on intermediate-               required by FFDCA section 408(b)(4).
                                                E. Aggregate Risks and Determination of                  term residential exposure plus chronic                The Codex Alimentarius is a joint
                                                Safety                                                   dietary exposure. Because there is no                 United Nations Food and Agriculture
                                                   EPA determines whether acute and                      intermediate-term residential exposure                Organization/World Health
mstockstill on DSK4VPTVN1PROD with RULES




                                                chronic dietary pesticide exposures are                  and chronic dietary exposure has                      Organization food standards program,
                                                safe by comparing aggregate exposure                     already been assessed under the                       and it is recognized as an international
                                                estimates to the acute PAD (aPAD) and                    appropriately protective cPAD (which is               food safety standards-setting
                                                chronic PAD (cPAD). For linear cancer                    at least as protective as the POD used to             organization in trade agreements to
                                                risks, EPA calculates the lifetime                       assess intermediate-term risk), no                    which the United States is a party. EPA
                                                probability of acquiring cancer given the                further assessment of intermediate-term               may establish a tolerance that is
                                                estimated aggregate exposure. Short-,                    risk is necessary, and EPA relies on the              different from a Codex MRL; however,


                                           VerDate Sep<11>2014   16:16 Jul 28, 2015   Jkt 235001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\29JYR1.SGM   29JYR1


                                                45078                   Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                FFDCA section 408(b)(4) requires that                                    approval under the Paperwork                                                This action does not involve any
                                                EPA explain the reasons for departing                                    Reduction Act (PRA) (44 U.S.C. 3501 et                                    technical standards that would require
                                                from the Codex level.                                                    seq.), nor does it require any special                                    Agency consideration of voluntary
                                                   There is a Codex MRL for cotton,                                      considerations under Executive Order                                      consensus standards pursuant to section
                                                undelinted seed at 0.01 ppm. However,                                    12898, entitled ‘‘Federal Actions to                                      12(d) of the National Technology
                                                this MRL is based on seed treatment of                                   Address Environmental Justice in                                          Transfer and Advancement Act
                                                cotton, and not foliar applications                                      Minority Populations and Low-Income                                       (NTTAA) (15 U.S.C. 272 note).
                                                (which is the proposed use for the U.S.                                  Populations’’ (59 FR 7629, February 16,
                                                                                                                                                                                                   VII. Congressional Review Act
                                                registration and which results in higher                                 1994).
                                                residues). Therefore, there is no ground                                    Since tolerances and exemptions that                                     Pursuant to the Congressional Review
                                                for harmonization of U.S. tolerance and                                  are established on the basis of a petition                                Act (5 U.S.C. 801 et seq.), EPA will
                                                Codex MRL.                                                               under FFDCA section 408(d), such as                                       submit a report containing this rule and
                                                                                                                         the tolerances in this final rule, do not                                 other required information to the U.S.
                                                V. Conclusion                                                            require the issuance of a proposed rule,                                  Senate, the U.S. House of
                                                   Therefore, tolerances are established                                 the requirements of the Regulatory                                        Representatives, and the Comptroller
                                                for residues of fluxapyroxad [3-                                         Flexibility Act (RFA) (5 U.S.C. 601 et                                    General of the United States prior to
                                                (difluoromethyl)-1-methyl-N-(3′,4′,5′-                                   seq.), do not apply.                                                      publication of the rule in the Federal
                                                trifluoro[1,1′-biphenyl]-2-yl)-1H-                                          This action directly regulates growers,                                Register. This action is not a ‘‘major
                                                pyrazole-4-carboxamide], including its                                   food processors, food handlers, and food                                  rule’’ as defined by 5 U.S.C. 804(2).
                                                metabolites and degradates, in or on                                     retailers, not States or tribes, nor does
                                                                                                                         this action alter the relationships or                                    List of Subjects in 40 CFR Part 180
                                                cotton, gin byproducts at 20 ppm and
                                                cotton undelinted seed at 0.30 ppm.                                      distribution of power and                                                   Environmental protection,
                                                                                                                         responsibilities established by Congress                                  Administrative practice and procedure,
                                                VI. Statutory and Executive Order                                        in the preemption provisions of FFDCA                                     Agricultural commodities, Pesticides
                                                Reviews                                                                  section 408(n)(4). As such, the Agency                                    and pests, Reporting and recordkeeping
                                                   This action amends existing                                           has determined that this action will not                                  requirements.
                                                tolerances under FFDCA section 408(d)                                    have a substantial direct effect on States                                  Dated: July 22, 2015.
                                                in response to a petition submitted to                                   or tribal governments, on the
                                                                                                                                                                                                   Susan Lewis,
                                                the Agency. The Office of Management                                     relationship between the national
                                                                                                                                                                                                   Director, Registration Division, Office of
                                                and Budget (OMB) has exempted these                                      government and the States or tribal
                                                                                                                                                                                                   Pesticide Programs.
                                                types of actions from review under                                       governments, or on the distribution of
                                                Executive Order 12866, entitled                                          power and responsibilities among the                                        Therefore, 40 CFR chapter I is
                                                ‘‘Regulatory Planning and Review’’ (58                                   various levels of government or between                                   amended as follows:
                                                FR 51735, October 4, 1993). Because                                      the Federal Government and Indian
                                                this action has been exempted from                                       tribes. Thus, the Agency has determined                                   PART 180—[AMENDED]
                                                review under Executive Order 12866,                                      that Executive Order 13132, entitled
                                                                                                                                                                                                   ■ 1. The authority citation for part 180
                                                this action is not subject to Executive                                  ‘‘Federalism’’ (64 FR 43255, August 10,
                                                                                                                                                                                                   continues to read as follows:
                                                Order 13211, entitled ‘‘Actions                                          1999) and Executive Order 13175,
                                                Concerning Regulations That                                              entitled ‘‘Consultation and Coordination                                      Authority: 21 U.S.C. 321(q), 346a and 371.
                                                Significantly Affect Energy Supply,                                      with Indian Tribal Governments’’ (65 FR                                   ■  2. In § 180.666, revise the entries for
                                                Distribution, or Use’’ (66 FR 28355, May                                 67249, November 9, 2000) do not apply                                     ‘‘Cotton, gin byproducts’’ and ‘‘Cotton,
                                                22, 2001) or Executive Order 13045,                                      to this action. In addition, this action                                  undelinted seed’’ in the table in
                                                entitled ‘‘Protection of Children from                                   does not impose any enforceable duty or                                   paragraph (a) to read as follows:
                                                Environmental Health Risks and Safety                                    contain any unfunded mandate as
                                                Risks’’ (62 FR 19885, April 23, 1997).                                   described under Title II of the Unfunded                                  § 180.666 Fluxapyroxad; tolerances for
                                                This action does not contain any                                         Mandates Reform Act (UMRA) (2 U.S.C.                                      residues.
                                                information collections subject to OMB                                   1501 et seq.).                                                                (a) * * *

                                                                                                                                                                                                                                                 Parts per mil-
                                                                                                                                      Commodity                                                                                                       lion


                                                          *                       *                                 *                                 *                                 *                                *                           *
                                                Cotton, gin byproducts .......................................................................................................................................................................            20
                                                Cotton, undelinted seed .....................................................................................................................................................................              0.30

                                                              *                              *                              *                               *                              *                              *                          *



                                                *        *        *         *        *
                                                [FR Doc. 2015–18544 Filed 7–28–15; 8:45 am]
                                                BILLING CODE 6560–50–P
mstockstill on DSK4VPTVN1PROD with RULES




                                           VerDate Sep<11>2014        16:16 Jul 28, 2015         Jkt 235001     PO 00000        Frm 00028      Fmt 4700         Sfmt 9990    E:\FR\FM\29JYR1.SGM             29JYR1



Document Created: 2015-12-15 13:06:01
Document Modified: 2015-12-15 13:06:01
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 29, 2015. Objections and requests for hearings must be received on or before September 28, 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
FR Citation80 FR 45073 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR