80_FR_46967 80 FR 46816 - Fluazifop-P-Butyl; Pesticide Tolerance

80 FR 46816 - Fluazifop-P-Butyl; Pesticide Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range46816-46822
FR Document2015-18825

This regulation amends a tolerance for residues of fluazifop- P-butyl in or on sweet potato, roots. Syngenta Crop Protection requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46816-46822]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18825]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0441; FRL-9930-99]


Fluazifop-P-Butyl; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation amends a tolerance for residues of fluazifop-
P-butyl in or on sweet potato, roots. Syngenta Crop Protection 
requested this tolerance under the Federal Food, Drug, and Cosmetic Act 
(FFDCA).

DATES: This regulation is effective August 6, 2015. Objections and 
requests for hearings must be received on or before October 5, 2015, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2014-0441, 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.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2014-0441 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 
October 5, 2015. Addresses for mail and hand delivery of objections and 
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2014-0441, 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

[[Page 46817]]

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 September 5, 2014 (79 FR 53009) (FRL-
9914-98), 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 
4F8262) by Syngenta Crop Protection, P.O. Box 18300, Greensboro, NC 
27419-8300. The petition requested that 40 CFR 180.411 be amended by 
amending the established tolerance for residues of the herbicide 
fluazifop-P-butyl in or on sweet potato, roots from 0.05 parts per 
million (ppm) to 1.5 ppm. That document referenced a summary of the 
petition prepared by Syngenta, the registrant, which is available in 
the docket, http://www.regulations.gov. No FFDCA-related comments were 
received on 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 fluazifop-P-butyl including 
exposure resulting from the tolerances established by this action. 
EPA's assessment of exposures and risks associated with fluazifop-P-
butyl 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.
    Fluazifop-P-butyl is the R enantiomer of fluazifop-butyl [(R,S)-2-
(4-((5-(trifluoromethyl)-2-pyridinyl)oxy)phenoxy)propanoic acid, butyl 
ester]. The toxicology database for fluazifop-P-butyl consists of 
studies conducted using fluazifop-butyl (racemic mixture) and its 
enriched R-isomer, fluazifop-P-butyl. Comparison studies have shown 
similar toxicities from both compounds. Metabolism studies have been 
conducted in the rat with fluazifop-butyl, and absorption, excretion, 
and confirmatory metabolism studies in the dog with fluazifop-butyl, 
and hamster with fluazifop-P-butyl. Comparative metabolism studies in 
the rat show that both fluazifop-P-butyl and fluazifop-butyl mixed 
isomers are rapidly hydrolyzed to fluazifop acid and the [S] enantiomer 
is rapidly converted to the [R] enantiomer in the blood, yielding 
similar toxicities. In vivo, the S-isomer quickly converts to the R-
isomer.
    Oral dog and female rat studies show similar results, while male 
rats show greater toxicity. Fluazifop-butyl is rapidly absorbed through 
the gut after oral dosing and the ester linkage is hydrolyzed to 
produce the fluazifop acid in the blood. No parent fluazifop-ester was 
detected in plasma at any time. Male rats show similar fluazifop acid 
excretion to the female, but excretion is slower, because fluazifop is 
excreted in the bile and results in a higher percentage in the feces.
    The liver and kidney are its target organs expressed for the most 
part as liver toxicity in the presence of peroxisome proliferation and 
exacerbation of age-related kidney toxicity. These data are reasonably 
consistent among the rat with fluazifop-butyl and fluazifop-P-butyl, 
dog with fluazifop-butyl, and hamster with fluazifop-P-butyl. 
Fluazifop-P-butyl shows similar toxicity by both the inhalation and 
oral routes.
    Although the liver and kidney were the organs most consistently 
affected, other findings were used as endpoints for selection of the 
points of departure. A rat developmental study exhibiting diaphragmatic 
hernia effects was used as the basis to select the acute dietary 
endpoint for females 13-49 years of age. The short-term incidental oral 
and children's dermal endpoints were selected based upon a maternal 
body weight gain decrement exhibited in the developmental toxicity 
studies performed on rats. The chronic dietary (all populations), 
intermediate-term dermal and inhalation, as well as the intermediate-
term incidental oral endpoints, were selected from the 2-generation 
reproduction study in rats. This study was significant in exhibiting 
decreased testes and epididymal weights in males, along with decreased 
uterine and pituitary weights in females. In regard to the short-term 
dermal for adults and inhalation endpoints used in this assessment, the 
developmental toxicity studies performed on rats were used as the basis 
for endpoint selection. These studies were notable in exhibiting 
decreased fetal weights, as well as hydroureter and delayed 
ossification effects. An additional endpoint was chosen that was 
specific for short-term dermal exposure to children, as a developmental 
effect is generally protective of pregnant women and fetuses. In this 
case, the maternal toxicity (body weight gain decrement) was chosen to 
be protective of children.
    Indications of possible neurotoxicity were observed in the acute 
neurotoxicity study, including clinical signs indicative of toxicity 
(reduced activity, decreased rearing, hunched posture and/or 
piloerection), decreased body temperature, and decreased motor activity 
(total distance and number of rearings). No signs of neurotoxicity were 
observed in the subchronic neurotoxicity test at doses up to 70 mg/kg/
day in males and 328 mg/kg/day in females. There was no observed 
immunotoxicity resulting from fluazifop-P-butyl exposure in the 
submitted study. There was no carcinogenicity observed in acceptable 
studies in the rat with fluazifop-butyl or in the hamster for 
fluazifop-P-butyl. The hamster was selected for cancer study, because 
liver peroxisome proliferation more closely resembled what was found 
for human liver cells. There was no mutagenicity observed for 
fluazifop-butyl or fluazifop-P-butyl.

[[Page 46818]]

    In a dermal absorption and pharmacokinetic study in humans, most of 
the applied dose appeared to be in the stratum corneum and easily 
removed (the unrecovered test material was speculated to be in the 
outer layers of the skin). Peak plasma levels were shown to occur 24 to 
31 hours after application in these men. The one half-life for 
excretion was about 18 hours. Specific information on the studies 
received and the nature of the adverse effects caused by fluazifop-P-
butyl as well as the no-observed-adverse-effect-level (NOAEL) and the 
lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies 
can be found at http://www.regulations.gov in document ``Fluazifop-P-
Butyl. Human-Health Risk Assessment for Sweet Potato Label Amendment 
and Resulting Tolerance Increase.'' at pages 28-36 in docket ID number 
EPA-HQ-OPP-2014-0441.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for fluazifop-P-butyl used 
for human risk assessment is shown in Table 1 of this unit.

 
----------------------------------------------------------------------------------------------------------------
                                    Point of departure
        Exposure/scenario            and  uncertainty/    RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (Females 13-49       NOAEL = 50 mg/kg/day  Acute RfD = 0.50 mg/ MRIDs: 00088857, 92067047,
 years of age).                    UFA = 10x...........   kg/day.              00088858, 92067048, Rat
                                   UFH = 10x...........                        developmental.
                                   FQPA SF = 1x........                       Developmental LOAEL = 200 mg/kg/
                                                                               day based on diaphragmatic
                                                                               hernia.
Acute dietary (General population  ....................  ...................  An appropriate endpoint for the
 including infants and children).                                              general population attributable
                                                                               to a single dose was not
                                                                               identified in the available
                                                                               studies.
Chronic dietary (All populations)  NOAEL = 0.74 mg/kg/   Chronic RfD = cPAD   MRIDs: 00088859, 92067050, Rat
                                    day.                  = 0.0074 mg/kg/day.  reproduction study; reproductive
                                   UFA = 10x...........                       LOAEL = 5.8 mg/kg/day based on
                                   UFH = 10x...........                        decreased testes and epididymal
                                   FQPA SF = 1x........                        weights.
Incidental oral short-term (1 to   NOAEL = 100 mg/kg/    Residential LOC for  MRIDs: 46082913, 46158401, Rat
 30 days).                          day.                  MOE = 100.           developmental study; maternal
                                   UFA = 10x...........                       LOAEL = 300 mg/kg/day based on
                                   UFH = 10x...........                        maternal body weight gain
                                   FQPA SF = 1x........                        decrement during GD 7-16.
Dermal short-term (1 to 30 days:   NOAEL = 100 mg/kg/    Residential LOC for  MRIDs: 46082913, 46158401, Rat
 Children).                         day.                  MOE = 100.           developmental study; maternal.
                                   DAF= 9% (low                               LOAEL = 300 mg/kg/day based on
                                    exposure) or 2%                            maternal body weight gain
                                    (high exposure)..                          decrement during GD 7-16.
                                   UFA = 10x...........
                                   UFH = 10x...........
                                   FQPA SF = 1x........
Dermal short-term (1 to 30 days:   NOAEL = 2.0 mg/kg/    Residential LOC for  MRIDs: 46082903, 46082013, Rat
 Adults).                           day.                  MOE = 100.           developmental study;
                                   DAF = 9% (low                               Developmental
                                    exposure) or 2%                           LOAEL = 5.0 mg/kg/day based on
                                    (high exposure)..                          fetal weight decrement,
                                   UFA = 10x...........                        hydroureter, and delayed
                                   UFH = 10x...........                        ossification.
                                   FQPA SF = 1x........
Inhalation short-term (1 to 30     Inhalation (or oral)  Residential LOC for  MRIDs: 46082903, 46082013, Rat
 days).                             study NOAEL = 2.0     MOE = 100.           developmental study;
                                    mg/kg/day                                  Developmental
                                    (inhalation                               LOAEL = 5.0 mg/kg/day based on
                                    absorption rate =                          fetal weight decrement,
                                    100%).                                     hydroureter, and delayed
                                   UFA = 10x...........                        ossification.
                                   UFH = 10x...........
                                   FQPA SF = 1x........
                                  ------------------------------------------------------------------------------

[[Page 46819]]

 
Cancer (Oral, dermal, inhalation)                     Not likely to be carcinogenic to humans.
----------------------------------------------------------------------------------------------------------------
Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data
  and used to mark the beginning of extrapolation to determine risk associated with lower environmentally
  relevant human exposures. NOAEL = no observed adverse effect level. LOAEL = lowest observed adverse effect
  level. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). 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. UFDB = to account for the
  absence of key data (i.e., lack of a critical study). FQPA SF = FQPA Safety Factor. PAD = population adjusted
  dose (a = acute, c = chronic). RfD = reference dose. MOE = margin of exposure. LOC = level of concern. N/A =
  not applicable. DAF = dermal absorption factor.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to fluazifop-P-butyl, EPA considered exposure under the 
petitioned-for tolerance as well as all existing fluazifop-P-butyl 
tolerances in 40 CFR 180.411. EPA assessed dietary exposures from 
fluazifop-P-butyl 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 fluazifop-P-butyl. In estimating acute dietary exposure, EPA used 
food consumption information from the United States Department of 
Agriculture (USDA) 2003-2008 National Health and Nutrition Survey/What 
We Eat in America (NHANES/WWEIA) database. The acute dietary analysis 
was conducted using 100% crop treated assumptions and tolerance-level 
residues, adjusted as appropriate using factors from the metabolism 
studies, to account for residues of concern not measured by the 
analytical method.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment, EPA used the food consumption data from the USDA 2003-2008 
NHANES/WWEIA database. As to residue levels in food, the chronic 
dietary analysis was conducted assuming mean residue levels from crop 
field trials with a ratio adjustment for additional metabolites of 
concern, average percent crop treated estimates, and experimentally-
determined processing factors.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that fluazifop-P-butyl does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and 
information on the anticipated residue levels of pesticide residues in 
food and the actual levels of pesticide residues that have been 
measured in food. If EPA relies on such information, EPA must require 
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after 
the tolerance is established, modified, or left in effect, 
demonstrating that the levels in food are not above the levels 
anticipated. For the present action, EPA will issue such data call-ins 
as are required by FFDCA section 408(b)(2)(E) and authorized under 
FFDCA section 408(f)(1). Data will be required to be submitted no later 
than 5 years from the date of issuance of these tolerances.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data 
on the actual percent of food treated for assessing chronic dietary 
risk only if:
     Condition a: The data used are reliable and provide a 
valid basis to show what percentage of the food derived from such crop 
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate 
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food 
consumption in a particular area, the exposure estimate does not 
understate exposure for the population in such area. In addition, the 
Agency must provide for periodic evaluation of any estimates used. To 
provide for the periodic evaluation of the estimate of PCT as required 
by FFDCA section 408(b)(2)(F), EPA may require registrants to submit 
data on PCT.
    The Agency estimated the PCT for existing uses as follows: For the 
acute dietary analysis, 100 PCT was assumed for all crops. The 
following average percent crop treated estimates were used in the 
chronic dietary risk assessments for the following crops that are 
currently registered for fluazifop-P-butyl: Apricots, 2.5%; asparagus, 
2.5%; carrots, 15%; cherries, 1%; cotton, 1%; dry beans/peas. 1%; 
garlic, 10%; grapefruit, 15%; grapes, 2.5%; nectarines, 1%; onions, 
10%; oranges, 2.5%; peaches, 2.5%; peanuts, 1%; pecans, 1%; peppers, 
2.5%; plums, 2.5%; potatoes, 1%; prunes, 2.5%; soybeans, 2.5%; and 
sugar beets, 1%; 100 PCT was assumed for sweet potatoes and all other 
registered crops not listed above.
    To determine PCT values, EPA uses available data from United States 
Department of Agriculture/National Agricultural Statistics Service 
(USDA/NASS), proprietary market surveys, and the National Pesticide Use 
Database for each chemical/crop combination from the most recent 6-7 
years. EPA uses an average PCT for chronic dietary risk analysis. The 
average PCT figure for each existing use is derived by combining 
available public and private market survey data for that use, averaging 
across all observations, and rounding to the nearest 5%, except for 
those situations in which the average PCT is less than one. In those 
cases, 1% is used as the average PCT and 2.5% is used as the maximum 
PCT. EPA uses a maximum PCT for acute dietary risk analysis. The 
maximum PCT figure is the highest observed maximum value reported 
within the recent 6 years of available public and private market survey 
data for the existing use and rounded up to the nearest multiple of 5%.
    The Agency believes that the three conditions discussed in Unit 
III.C.1.iv. have been met. With respect to Condition a, PCT estimates 
are derived from Federal and private market survey data, which are 
reliable and have a valid basis. The Agency is reasonably certain that 
the percentage of the food treated is not likely to be an 
underestimation. As to Conditions b and c, regional consumption 
information and consumption information for significant subpopulations 
is taken into account

[[Page 46820]]

through EPA's computer-based model for evaluating the exposure of 
significant subpopulations including several regional groups. Use of 
this consumption information in EPA's risk assessment process ensures 
that EPA's exposure estimate does not understate exposure for any 
significant subpopulation group and allows the Agency to be reasonably 
certain that no regional population is exposed to residue levels higher 
than those estimated by the Agency. Other than the data available 
through national food consumption surveys, EPA does not have available 
reliable information on the regional consumption of food to which 
fluazifop-P-butyl may be applied in a particular area.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for fluazifop-P-butyl in drinking water. These simulation 
models take into account data on the physical, chemical, and fate/
transport characteristics of fluazifop-P-butyl. 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.
    Estimated drinking water concentrations (EDWCs) in ground water 
were modeled using Tier I SCIGROW (version 2.3) and surface water EDWCs 
were modeled using Tier II PRZM (Pesticide Root Zone Model) and EXAMS 
(Exposure Analysis Modeling System). Modeled estimates of drinking 
water concentrations were directly entered into the dietary exposure 
model. For the acute dietary risk assessment, the surface water 
concentration value of 33.4 ppb was used to assess the contribution 
from drinking water. For the chronic dietary risk assessment, the 
surface water concentration value of 6.6 ppb was used to assess the 
contribution from 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).
    Fluazifop-P-butyl is currently registered for the following uses 
that could result in residential exposures: Non-agricultural outdoor 
buildings, building foundations, curbs, driveways, fencerows, non-
agricultural areas (wildlife refuge), non-crop areas, ornamentals 
(lawns, flowering shrubs, flowering plants, gardens, ground covers, 
plants, trees, turf, and woody shrubs), patios, pathways, rights-of-
way, sidewalks, and storage yards. EPA assessed residential exposure 
using the following assumptions. For handlers, there is a potential for 
short-term inhalation and dermal exposure. Residential handler exposure 
scenarios include handwand, hose and sprayer, backpack, sprinkler can, 
and RTU hose end sprayer.
    There is also the potential for short-term post-application 
exposure for dermal exposure to all groups: Adult and child (1 to <2 
years) turf-high contact; adult and youth (11-16 years) mowing; adult, 
child (6 to <11 years) and youth (11-16 years) golfing; adult and child 
(6 to <11 years) garden. Two separate dermal absorption values were 
used: 9% is used for assessing dermal exposures while golfing or mowing 
a lawn, since these are representative of low exposure activities 
(i.e., the Agency assumes that 9% of dermal exposures will be 
absorbed), whereas 2% is used for assessing dermal exposures from high-
contact lawn activities, since these are representative of high-
exposure activities (i.e., the Agency assumes that 2% of dermal 
exposures will be absorbed). In addition, there is potential for short-
term post-application incidental oral exposure for children (1 to <2 
years). Chemical-specific dislodgeable foliar residue (DFR) data are 
available and were used for the residential post application exposure 
assessment for gardens. Since Turf Transferable Residue (TTR) data are 
not available for fluazifop-P-butyl, default TTR values were used for 
the residential post application exposure assessment for turf. Given 
the conservatisms associated with default TTR values and the potential 
compounding nature of conservatisms in the turf assessment, EPA is able 
to rely upon the calculated exposure estimates with confidence that 
exposure is not being underestimated. 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 
fluazifop-P-butyl to share a common mechanism of toxicity with any 
other substances, and fluazifop-P-butyl does not appear to produce a 
toxic metabolite produced by other substances. For the purposes of this 
tolerance action, therefore, EPA has assumed that fluazifop-P-butyl 
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 (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 increased offspring 
sensitivity over parent was seen in the rabbit pre-natal developmental 
studies or the rat post-natal reproduction study, and no evidence of 
neurotoxicity was observed. Several rat developmental toxicity studies 
conducted on both fluazifop-butyl and fluazifop-P-butyl indicate fetal 
effects (ranging from delayed ossification, fetal weight decrements, 
increased incidence of small fetuses, cervical arches and centrum in 
fetuses and litters at levels from 5 to 20 mg/kg/day to diaphragmatic 
hernia at 200 mg/kg/day) in the absence of maternal 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 assessing potential prenatal and 
postnatal toxicity of fluazifop-P-butyl to infants and children is 
complete.
    ii. As there is limited indication of developmental neurotoxicity 
resulting from exposure to fluazifop-P-butyl with the current data 
sets, there is no need for a developmental neurotoxicity study. There 
were no developmental or central nervous system malformations seen in 
any of the developmental toxicity studies with rats or rabbits and

[[Page 46821]]

no evidence of neurotoxicity or neuropathology in adult animals in the 
available studies. The toxicological significance of the marginal 
increases in brain weights at high doses is unknown in the absence of 
corroborative histopathological lesions. EPA therefore concludes that 
there is not a concern for developmental neurotoxicity resulting from 
exposure to fluazifop-butyl or fluazifop-P-butyl.
    iii. While there was quantitative evidence of increased 
susceptibility in the fetuses of rats exposed in utero to fluazifop-
butyl and fluazifop-P-butyl, EPA concludes that there is no residual 
uncertainty for prenatal or postnatal toxicity that would warrant an 
additional 10X safety factor. The available studies clearly identify 
well-defined NOAELs and LOAELs that are consistent across the five 
developmental rat toxicity studies. In addition, the Agency has 
selected, based on these studies, a developmental endpoint of concern 
(diaphragmatic hernia) for assessing acute dietary risk. As this 
endpoint is relevant to single exposures, the acute risk assessment 
based on this endpoint will be protective of any fetal effects 
resulting from a single exposure. Further, the Agency has selected, 
based these studies, a developmental endpoint of concern (delayed 
ossifications) for repeat exposure scenarios, which will be protective 
of any developmental effects in those scenarios.
    iv. There are no residual uncertainties identified in the exposure 
databases. There is an adequate toxicity database for fluazifop-P-butyl 
and exposure data are complete. The dietary and residential assessments 
are based on reliable data and will not underestimate exposure/risk. 
EPA made conservative (protective) assumptions in the ground and 
surface water modeling used to assess exposure to fluazifop-P-butyl in 
drinking water. EPA used similarly conservative assumptions to assess 
post application exposure of children as well as incidental oral 
exposure of toddlers. Although EPA has required additional data on 
transferable residues from treated turf for fluazifop-P-butyl, EPA is 
confident that it has not underestimated turf exposure due to the 
conservativeness of the default turf transfer value and conservative 
assumptions in the short-term turf assessment procedures (e.g., 
assuming residues do not degrade over the thirty day assessment period 
and assuming high-end activities on turf for every day of the 
assessment period). The additional data on transferable turf residues 
have been required in case refinement of exposure assessments is needed 
in the future and to further EPA's general understanding of the 
availability of turf transferable pesticide residues. These assessments 
will not underestimate the exposure and risks posed by fluazifop-P-
butyl.

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 fluazifop will occupy 14% of the aPAD for females 13-49 years old, 
the only relevant population subgroup for the acute dietary endpoint.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
fluazifop-P-butyl from food and water will utilize 64% of the cPAD for 
children 1-2 years old, the population group receiving the greatest 
exposure. Based on the explanation in Unit III.C.3., regarding 
residential use patterns, chronic residential exposure to residues of 
fluazifop-P-butyl 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). Fluazifop-P-
butyl 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 Fluazifop-P-butyl.
    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 210 for adults 
and 3100 for children. Because EPA's level of concern for fluazifop-P-
butyl 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, 
fluazifop-P-butyl 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 fluazifop-P-butyl.
    5. Aggregate cancer risk for U.S. population. Fluazifop-P-butyl has 
been classified as ``Not likely to be carcinogenic to humans''; 
therefore, EPA concludes that fluazifop-P-butyl will not pose a cancer 
risk.
    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 fluazifop-P-butyl residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (High Performance Liquid 
Chromatography/Ultra-Violet Spectrometry (HPLC/UV)) is available to 
enforce the tolerance expression. The method is available in Pesticide 
Analytical Methods (PAM), Volume II: Method I for animal tissues and 
milk and Method II for crops. The stated detection limits are 0.02-0.05 
ppm for crops, 0.01 ppm for milk, and 0.02 ppm for animal tissues. 
Improved enforcement methods based on liquid chromatography and tandem 
mass spectroscopy, LC/MS/MS, are available as Method GRM044.01A and 
Method GRM044.02A. Both of these methods have been validated at 0.01 
ppm on a wide variety of crop matrices.

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).

[[Page 46822]]

The Codex Alimentarius is a joint United Nations Food and Agriculture 
Organization/World Health Organization food standards program, and it 
is recognized as an international food safety standards-setting 
organization in trade agreements to which the United States is a party. 
EPA may establish a tolerance that is different from a Codex MRL; 
however, FFDCA section 408(b)(4) requires that EPA explain the reasons 
for departing from the Codex level.
    The Codex has not established a MRL for fluazifop-P-butyl.

V. Conclusion

    Therefore, the tolerance is amended for residues of fluazifop-P-
butyl in or on sweet potato, roots from 0.05 ppm to 1.5 ppm.

VI. Statutory and Executive Order Reviews

    This action amends a tolerance 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 tolerance 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 23, 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.  180.411, revise the commodity ``Sweet potato, roots'' in 
the table in paragraph (a) to read as follows:


Sec.  180.411  Fluazifop-P-butyl; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                              million
------------------------------------------------------------------------
 
                                * * * * *
Sweet potato, roots..........................................       1.5
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18825 Filed 8-5-15; 8:45 am]
BILLING CODE 6560-50-P



                                                46816             Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations

                                                                               EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS—Continued
                                                                                         Applicable geo-
                                                   Name of nonregulatory SIP           graphic or nonattain-        State submittal date           EPA approval date                     Explanation
                                                           provision                        ment area

                                                (60) Section 128 Declaration:          Statewide ................   8/08/12 ....................   6/21/13; 78 FR        [EPA–R07–OAR–2013–0208;                FRL–
                                                  Missouri Air Conservation                                                                          37457                 9825–7].
                                                  Commission Representation
                                                  and Conflicts of Interest Pro-
                                                  visions; Missouri Revised
                                                  Statutes (RSMo) RSMo
                                                  105.450, RSMo 105.452,
                                                  RSMo 105.454, RSMo
                                                  105.462, RSMo 105.463,
                                                  RSMo 105.466, RSMo
                                                  105.472, and RSMo
                                                  643.040.2.
                                                (61) Section 110(a)(2) Infra-          Statewide ................   12/20/11 ..................    8/19/14, 79 FR        [EPA–R07–OAR–2014–0290;                FRL–
                                                  structure Requirements for                                                                         48994                 9915–28-Region 7] This action ad-
                                                  the 2008 Pb NAAQS.                                                                                                       dresses the following CAA elements:
                                                                                                                                                                           110(a)(2)(A), (B), (C), (D), (E), (F), (G),
                                                                                                                                                                           (H), (J), (K), (L), and (M).
                                                (62) Implementation Plan for the       City of            4/18/13 ....................             10/20/14, 79 FR       [EPA–R07–OAR–2014–0448;                FRL–
                                                  2008 Lead NAAQS.                       Herculaneum, MO.                                            62574                 9918–18-Region-7]



                                                [FR Doc. 2015–19092 Filed 8–5–15; 8:45 am]               Public Reading Room is (202) 566–1744,                      site at http://www.ecfr.gov/cgi-bin/text-
                                                BILLING CODE 6560–50–P                                   and the telephone number for the OPP                        idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                                                                                         Docket is (703) 305–5805. Please review                     40tab_02.tpl.
                                                                                                         the visitor instructions and additional
                                                ENVIRONMENTAL PROTECTION                                                                                             C. How can I file an objection or hearing
                                                                                                         information about the docket available
                                                AGENCY                                                                                                               request?
                                                                                                         at http://www.epa.gov/dockets.
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                       Under FFDCA section 408(g), 21
                                                40 CFR Part 180                                                                                                      U.S.C. 346a, any person may file an
                                                                                                         Susan Lewis, Registration Division
                                                [EPA–HQ–OPP–2014–0441; FRL–9930–99]                      (7505P), Office of Pesticide Programs,                      objection to any aspect of this regulation
                                                                                                         Environmental Protection Agency, 1200                       and may also request a hearing on those
                                                Fluazifop-P-Butyl; Pesticide Tolerance                   Pennsylvania Ave. NW., Washington,                          objections. You must file your objection
                                                                                                         DC 20460–0001; main telephone                               or request a hearing on this regulation
                                                AGENCY:  Environmental Protection                                                                                    in accordance with the instructions
                                                Agency (EPA).                                            number: (703) 305–7090; email address:
                                                                                                                                                                     provided in 40 CFR part 178. To ensure
                                                ACTION: Final rule.                                      RDFRNotices@epa.gov.
                                                                                                                                                                     proper receipt by EPA, you must
                                                                                                         SUPPLEMENTARY INFORMATION:                                  identify docket ID number EPA–HQ–
                                                SUMMARY:   This regulation amends a
                                                                                                         I. General Information                                      OPP–2014–0441 in the subject line on
                                                tolerance for residues of fluazifop-P-
                                                                                                                                                                     the first page of your submission. All
                                                butyl in or on sweet potato, roots.                      A. Does this action apply to me?                            objections and requests for a hearing
                                                Syngenta Crop Protection requested this
                                                                                                            You may be potentially affected by                       must be in writing, and must be
                                                tolerance under the Federal Food, Drug,
                                                                                                         this action if you are an agricultural                      received by the Hearing Clerk on or
                                                and Cosmetic Act (FFDCA).
                                                                                                         producer, food manufacturer, or                             before October 5, 2015. Addresses for
                                                DATES: This regulation is effective
                                                                                                         pesticide manufacturer. The following                       mail and hand delivery of objections
                                                August 6, 2015. Objections and requests                                                                              and hearing requests are provided in 40
                                                                                                         list of North American Industrial
                                                for hearings must be received on or                                                                                  CFR 178.25(b).
                                                                                                         Classification System (NAICS) codes is
                                                before October 5, 2015, and must be                                                                                    In addition to filing an objection or
                                                                                                         not intended to be exhaustive, but rather
                                                filed in accordance with the instructions                                                                            hearing request with the Hearing Clerk
                                                                                                         provides a guide to help readers
                                                provided in 40 CFR part 178 (see also                                                                                as described in 40 CFR part 178, please
                                                                                                         determine whether this document
                                                Unit I.C. of the SUPPLEMENTARY                                                                                       submit a copy of the filing (excluding
                                                                                                         applies to them. Potentially affected
                                                INFORMATION).                                                                                                        any Confidential Business Information
                                                                                                         entities may include:
                                                ADDRESSES: The docket for this action,                      • Crop production (NAICS code 111).                      (CBI)) for inclusion in the public docket.
                                                identified by docket identification (ID)                    • Animal production (NAICS code                          Information not marked confidential
                                                number EPA–HQ–OPP–2014–0441, is                          112).                                                       pursuant to 40 CFR part 2 may be
                                                available at http://www.regulations.gov                     • Food manufacturing (NAICS code                         disclosed publicly by EPA without prior
                                                or at the Office of Pesticide Programs                   311).                                                       notice. Submit the non-CBI copy of your
                                                Regulatory Public Docket (OPP Docket)                       • Pesticide manufacturing (NAICS                         objection or hearing request, identified
                                                in the Environmental Protection Agency                   code 32532).                                                by docket ID number EPA–HQ–OPP–
mstockstill on DSK4VPTVN1PROD with RULES




                                                Docket Center (EPA/DC), West William                                                                                 2014–0441, by one of the following
                                                Jefferson Clinton Bldg., Rm. 3334, 1301                  B. How can I get electronic access to                       methods:
                                                Constitution Ave. NW., Washington, DC                    other related information?                                    • Federal eRulemaking Portal: http://
                                                20460–0001. The Public Reading Room                        You may access a frequently updated                       www.regulations.gov. Follow the online
                                                is open from 8:30 a.m. to 4:30 p.m.,                     electronic version of EPA’s tolerance                       instructions for submitting comments.
                                                Monday through Friday, excluding legal                   regulations at 40 CFR part 180 through                      Do not submit electronically any
                                                holidays. The telephone number for the                   the Government Printing Office’s e-CFR                      information you consider to be CBI or


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000    Frm 00028     Fmt 4700     Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                                                  Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations                                        46817

                                                other information whose disclosure is                   FFDCA section 408(b)(2)(D), EPA has                   fluazifop-butyl, and hamster with
                                                restricted by statute.                                  reviewed the available scientific data                fluazifop-P-butyl. Fluazifop-P-butyl
                                                  • Mail: OPP Docket, Environmental                     and other relevant information in                     shows similar toxicity by both the
                                                Protection Agency Docket Center (EPA/                   support of this action. EPA has                       inhalation and oral routes.
                                                DC), (28221T), 1200 Pennsylvania Ave.                   sufficient data to assess the hazards of                 Although the liver and kidney were
                                                NW., Washington, DC 20460–0001.                         and to make a determination on                        the organs most consistently affected,
                                                  • Hand Delivery: To make special                      aggregate exposure for fluazifop-P-butyl              other findings were used as endpoints
                                                arrangements for hand delivery or                       including exposure resulting from the                 for selection of the points of departure.
                                                delivery of boxed information, please                   tolerances established by this action.                A rat developmental study exhibiting
                                                follow the instructions at http://                      EPA’s assessment of exposures and risks               diaphragmatic hernia effects was used
                                                www.epa.gov/dockets/contacts.html.                      associated with fluazifop-P-butyl                     as the basis to select the acute dietary
                                                  Additional instructions on                            follows.                                              endpoint for females 13–49 years of age.
                                                commenting or visiting the docket,                                                                            The short-term incidental oral and
                                                along with more information about                       A. Toxicological Profile
                                                                                                                                                              children’s dermal endpoints were
                                                dockets generally, is available at http://                 EPA has evaluated the available                    selected based upon a maternal body
                                                www.epa.gov/dockets.                                    toxicity data and considered its validity,            weight gain decrement exhibited in the
                                                                                                        completeness, and reliability as well as              developmental toxicity studies
                                                II. Summary of Petitioned-For
                                                                                                        the relationship of the results of the                performed on rats. The chronic dietary
                                                Tolerance
                                                                                                        studies to human risk. EPA has also                   (all populations), intermediate-term
                                                   In the Federal Register of September                 considered available information
                                                5, 2014 (79 FR 53009) (FRL–9914–98),                                                                          dermal and inhalation, as well as the
                                                                                                        concerning the variability of the
                                                EPA issued a document pursuant to                                                                             intermediate-term incidental oral
                                                                                                        sensitivities of major identifiable
                                                FFDCA section 408(d)(3), 21 U.S.C.                                                                            endpoints, were selected from the 2-
                                                                                                        subgroups of consumers, including
                                                346a(d)(3), announcing the filing of a                                                                        generation reproduction study in rats.
                                                                                                        infants and children.
                                                pesticide petition (PP 4F8262) by                          Fluazifop-P-butyl is the R enantiomer              This study was significant in exhibiting
                                                Syngenta Crop Protection, P.O. Box                      of fluazifop-butyl [(R,S)-2-(4-((5-                   decreased testes and epididymal
                                                18300, Greensboro, NC 27419–8300.                       (trifluoromethyl)-2-                                  weights in males, along with decreased
                                                The petition requested that 40 CFR                      pyridinyl)oxy)phenoxy)propanoic acid,                 uterine and pituitary weights in females.
                                                180.411 be amended by amending the                      butyl ester]. The toxicology database for             In regard to the short-term dermal for
                                                established tolerance for residues of the               fluazifop-P-butyl consists of studies                 adults and inhalation endpoints used in
                                                herbicide fluazifop-P-butyl in or on                    conducted using fluazifop-butyl                       this assessment, the developmental
                                                sweet potato, roots from 0.05 parts per                 (racemic mixture) and its enriched R-                 toxicity studies performed on rats were
                                                million (ppm) to 1.5 ppm. That                          isomer, fluazifop-P-butyl. Comparison                 used as the basis for endpoint selection.
                                                document referenced a summary of the                    studies have shown similar toxicities                 These studies were notable in exhibiting
                                                petition prepared by Syngenta, the                      from both compounds. Metabolism                       decreased fetal weights, as well as
                                                registrant, which is available in the                   studies have been conducted in the rat                hydroureter and delayed ossification
                                                docket, http://www.regulations.gov. No                  with fluazifop-butyl, and absorption,                 effects. An additional endpoint was
                                                FFDCA-related comments were received                    excretion, and confirmatory metabolism                chosen that was specific for short-term
                                                on the notice of filing.                                studies in the dog with fluazifop-butyl,              dermal exposure to children, as a
                                                                                                        and hamster with fluazifop-P-butyl.                   developmental effect is generally
                                                III. Aggregate Risk Assessment and                      Comparative metabolism studies in the                 protective of pregnant women and
                                                Determination of Safety                                 rat show that both fluazifop-P-butyl and              fetuses. In this case, the maternal
                                                   Section 408(b)(2)(A)(i) of FFDCA                     fluazifop-butyl mixed isomers are                     toxicity (body weight gain decrement)
                                                allows EPA to establish a tolerance (the                rapidly hydrolyzed to fluazifop acid and              was chosen to be protective of children.
                                                legal limit for a pesticide chemical                    the [S] enantiomer is rapidly converted                  Indications of possible neurotoxicity
                                                residue in or on a food) only if EPA                    to the [R] enantiomer in the blood,                   were observed in the acute
                                                determines that the tolerance is ‘‘safe.’’              yielding similar toxicities. In vivo, the S-          neurotoxicity study, including clinical
                                                Section 408(b)(2)(A)(ii) of FFDCA                       isomer quickly converts to the R-isomer.              signs indicative of toxicity (reduced
                                                defines ‘‘safe’’ to mean that ‘‘there is a                 Oral dog and female rat studies show               activity, decreased rearing, hunched
                                                reasonable certainty that no harm will                  similar results, while male rats show                 posture and/or piloerection), decreased
                                                result from aggregate exposure to the                   greater toxicity. Fluazifop-butyl is                  body temperature, and decreased motor
                                                pesticide chemical residue, including                   rapidly absorbed through the gut after                activity (total distance and number of
                                                all anticipated dietary exposures and all               oral dosing and the ester linkage is                  rearings). No signs of neurotoxicity were
                                                other exposures for which there is                      hydrolyzed to produce the fluazifop                   observed in the subchronic
                                                reliable information.’’ This includes                   acid in the blood. No parent fluazifop-               neurotoxicity test at doses up to 70 mg/
                                                exposure through drinking water and in                  ester was detected in plasma at any                   kg/day in males and 328 mg/kg/day in
                                                residential settings, but does not include              time. Male rats show similar fluazifop                females. There was no observed
                                                occupational exposure. Section                          acid excretion to the female, but                     immunotoxicity resulting from
                                                408(b)(2)(C) of FFDCA requires EPA to                   excretion is slower, because fluazifop is             fluazifop-P-butyl exposure in the
                                                give special consideration to exposure                  excreted in the bile and results in a                 submitted study. There was no
                                                of infants and children to the pesticide                higher percentage in the feces.                       carcinogenicity observed in acceptable
                                                chemical residue in establishing a                         The liver and kidney are its target                studies in the rat with fluazifop-butyl or
mstockstill on DSK4VPTVN1PROD with RULES




                                                tolerance and to ‘‘ensure that there is a               organs expressed for the most part as                 in the hamster for fluazifop-P-butyl. The
                                                reasonable certainty that no harm will                  liver toxicity in the presence of                     hamster was selected for cancer study,
                                                result to infants and children from                     peroxisome proliferation and                          because liver peroxisome proliferation
                                                aggregate exposure to the pesticide                     exacerbation of age-related kidney                    more closely resembled what was found
                                                chemical residue. . . .’’                               toxicity. These data are reasonably                   for human liver cells. There was no
                                                   Consistent with FFDCA section                        consistent among the rat with fluazifop-              mutagenicity observed for fluazifop-
                                                408(b)(2)(D), and the factors specified in              butyl and fluazifop-P-butyl, dog with                 butyl or fluazifop-P-butyl.


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                                46818             Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations

                                                   In a dermal absorption and                                 Increase.’’ at pages 28–36 in docket ID                            safety factors are used in conjunction
                                                pharmacokinetic study in humans, most                         number EPA–HQ–OPP–2014–0441.                                       with the POD to calculate a safe
                                                of the applied dose appeared to be in                                                                                            exposure level—generally referred to as
                                                                                                              B. Toxicological Points of Departure/
                                                the stratum corneum and easily                                                                                                   a population-adjusted dose (PAD) or a
                                                                                                              Levels of Concern
                                                removed (the unrecovered test material                                                                                           reference dose (RfD)—and a safe margin
                                                was speculated to be in the outer layers                         Once a pesticide’s toxicological                                of exposure (MOE). For non-threshold
                                                of the skin). Peak plasma levels were                         profile is determined, EPA identifies                              risks, the Agency assumes that any
                                                shown to occur 24 to 31 hours after                           toxicological points of departure (POD)                            amount of exposure will lead to some
                                                application in these men. The one half-                       and levels of concern to use in                                    degree of risk. Thus, the Agency
                                                life for excretion was about 18 hours.                        evaluating the risk posed by human                                 estimates risk in terms of the probability
                                                Specific information on the studies                           exposure to the pesticide. For hazards                             of an occurrence of the adverse effect
                                                received and the nature of the adverse                        that have a threshold below which there                            expected in a lifetime. For more
                                                                                                              is no appreciable risk, the toxicological                          information on the general principles
                                                effects caused by fluazifop-P-butyl as
                                                                                                              POD is used as the basis for derivation                            EPA uses in risk characterization and a
                                                well as the no-observed-adverse-effect-
                                                                                                              of reference values for risk assessment.                           complete description of the risk
                                                level (NOAEL) and the lowest-observed-                        PODs are developed based on a careful                              assessment process, see http://
                                                adverse-effect-level (LOAEL) from the                         analysis of the doses in each                                      www.epa.gov/pesticides/factsheets/
                                                toxicity studies can be found at http://                      toxicological study to determine the                               riskassess.htm.
                                                www.regulations.gov in document                               dose at which no adverse effects are                                  A summary of the toxicological
                                                ‘‘Fluazifop-P-Butyl. Human-Health Risk                        observed (the NOAEL) and the lowest                                endpoints for fluazifop-P-butyl used for
                                                Assessment for Sweet Potato Label                             dose at which adverse effects of concern                           human risk assessment is shown in
                                                Amendment and Resulting Tolerance                             are identified (the LOAEL). Uncertainty/                           Table 1 of this unit.



                                                                                         Point of departure
                                                                                                 and                         RfD, PAD, LOC for
                                                       Exposure/scenario                                                                                                         Study and toxicological effects
                                                                                         uncertainty/safety                   risk assessment
                                                                                               factors

                                                Acute dietary (Females 13–49           NOAEL = 50 mg/kg/                    Acute RfD = 0.50                     MRIDs: 00088857, 92067047, 00088858, 92067048, Rat devel-
                                                  years of age).                          day.                                mg/kg/day.                          opmental.
                                                                                       UFA = 10x                                                                 Developmental LOAEL = 200 mg/kg/day based on diaphrag-
                                                                                       UFH = 10x                                                                  matic hernia.
                                                                                       FQPA SF = 1x
                                                Acute dietary (General popu-           ..................................   ..................................   An appropriate endpoint for the general population attributable
                                                  lation including infants and                                                                                     to a single dose was not identified in the available studies.
                                                  children).
                                                Chronic dietary (All populations)      NOAEL = 0.74 mg/                     Chronic RfD = cPAD                   MRIDs: 00088859, 92067050, Rat reproduction study; repro-
                                                                                         kg/day.                              = 0.0074 mg/kg/                      ductive
                                                                                       UFA = 10x                              day.                               LOAEL = 5.8 mg/kg/day based on decreased testes and
                                                                                       UFH = 10x                                                                   epididymal weights.
                                                                                       FQPA SF = 1x
                                                Incidental oral short-term (1 to       NOAEL = 100 mg/                      Residential LOC for                  MRIDs: 46082913, 46158401, Rat developmental study; mater-
                                                  30 days).                              kg/day.                              MOE = 100.                           nal
                                                                                       UFA = 10x                                                                 LOAEL = 300 mg/kg/day based on maternal body weight gain
                                                                                       UFH = 10x                                                                   decrement during GD 7–16.
                                                                                       FQPA SF = 1x
                                                Dermal short-term (1 to 30             NOAEL = 100 mg/                      Residential LOC for                  MRIDs: 46082913, 46158401, Rat developmental study; mater-
                                                  days: Children).                       kg/day.                              MOE = 100.                           nal.
                                                                                       DAF= 9% (low expo-                                                        LOAEL = 300 mg/kg/day based on maternal body weight gain
                                                                                         sure) or 2% (high                                                         decrement during GD 7–16.
                                                                                         exposure).
                                                                                       UFA = 10x
                                                                                       UFH = 10x
                                                                                       FQPA SF = 1x
                                                Dermal short-term (1 to 30             NOAEL = 2.0 mg/kg/                   Residential LOC for                  MRIDs: 46082903, 46082013, Rat developmental study; Devel-
                                                  days: Adults).                         day.                                 MOE = 100.                           opmental
                                                                                       DAF = 9% (low ex-                                                         LOAEL = 5.0 mg/kg/day based on fetal weight decrement,
                                                                                         posure) or 2%                                                             hydroureter, and delayed ossification.
                                                                                         (high exposure).
                                                                                       UFA = 10x
                                                                                       UFH = 10x
                                                                                       FQPA SF = 1x
                                                Inhalation short-term (1 to 30         Inhalation (or oral)                 Residential LOC for                  MRIDs: 46082903, 46082013, Rat developmental study; Devel-
mstockstill on DSK4VPTVN1PROD with RULES




                                                  days).                                 study NOAEL =                        MOE = 100.                           opmental
                                                                                         2.0 mg/kg/day (in-                                                      LOAEL = 5.0 mg/kg/day based on fetal weight decrement,
                                                                                         halation absorption                                                       hydroureter, and delayed ossification.
                                                                                         rate = 100%).
                                                                                       UFA = 10x
                                                                                       UFH = 10x
                                                                                       FQPA SF = 1x




                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001      PO 00000        Frm 00030       Fmt 4700       Sfmt 4700     E:\FR\FM\06AUR1.SGM   06AUR1


                                                                  Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations                                        46819



                                                                                         Point of departure
                                                                                                 and               RfD, PAD, LOC for
                                                       Exposure/scenario                                                                                      Study and toxicological effects
                                                                                         uncertainty/safety         risk assessment
                                                                                               factors

                                                Cancer (Oral, dermal, inhala-                                                  Not likely to be carcinogenic to humans.
                                                  tion).
                                                  Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and used to mark the begin-
                                                ning of extrapolation to determine risk associated with lower environmentally relevant human exposures. NOAEL = no observed adverse effect
                                                level. LOAEL = lowest observed adverse effect level. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). 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. UFDB = to account for the absence of key data (i.e., lack of a critical study). FQPA SF =
                                                FQPA Safety Factor. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. MOE = margin of exposure. LOC = level of
                                                concern. N/A = not applicable. DAF = dermal absorption factor.


                                                C. Exposure Assessment                                     iv. Anticipated residue and percent                butyl: Apricots, 2.5%; asparagus, 2.5%;
                                                                                                        crop treated (PCT) information. Section               carrots, 15%; cherries, 1%; cotton, 1%;
                                                   1. Dietary exposure from food and                    408(b)(2)(E) of FFDCA authorizes EPA                  dry beans/peas. 1%; garlic, 10%;
                                                feed uses. In evaluating dietary                        to use available data and information on              grapefruit, 15%; grapes, 2.5%;
                                                exposure to fluazifop-P-butyl, EPA                      the anticipated residue levels of                     nectarines, 1%; onions, 10%; oranges,
                                                considered exposure under the                           pesticide residues in food and the actual             2.5%; peaches, 2.5%; peanuts, 1%;
                                                petitioned-for tolerance as well as all                 levels of pesticide residues that have                pecans, 1%; peppers, 2.5%; plums,
                                                existing fluazifop-P-butyl tolerances in                been measured in food. If EPA relies on               2.5%; potatoes, 1%; prunes, 2.5%;
                                                40 CFR 180.411. EPA assessed dietary                    such information, EPA must require                    soybeans, 2.5%; and sugar beets, 1%;
                                                exposures from fluazifop-P-butyl in food                pursuant to FFDCA section 408(f)(1)                   100 PCT was assumed for sweet
                                                as follows:                                             that data be provided 5 years after the               potatoes and all other registered crops
                                                   i. Acute exposure. Quantitative acute                tolerance is established, modified, or                not listed above.
                                                dietary exposure and risk assessments                   left in effect, demonstrating that the                   To determine PCT values, EPA uses
                                                are performed for a food-use pesticide if               levels in food are not above the levels               available data from United States
                                                a toxicological study has indicated the                 anticipated. For the present action, EPA              Department of Agriculture/National
                                                possibility of an effect of concern                     will issue such data call-ins as are                  Agricultural Statistics Service (USDA/
                                                occurring as a result of a 1-day or single              required by FFDCA section 408(b)(2)(E)                NASS), proprietary market surveys, and
                                                exposure. Such effects were identified                  and authorized under FFDCA section                    the National Pesticide Use Database for
                                                for fluazifop-P-butyl. In estimating acute              408(f)(1). Data will be required to be                each chemical/crop combination from
                                                dietary exposure, EPA used food                         submitted no later than 5 years from the              the most recent 6–7 years. EPA uses an
                                                consumption information from the                        date of issuance of these tolerances.                 average PCT for chronic dietary risk
                                                United States Department of Agriculture                    Section 408(b)(2)(F) of FFDCA states               analysis. The average PCT figure for
                                                (USDA) 2003–2008 National Health and                    that the Agency may use data on the                   each existing use is derived by
                                                Nutrition Survey/What We Eat in                         actual percent of food treated for                    combining available public and private
                                                America (NHANES/WWEIA) database.                        assessing chronic dietary risk only if:               market survey data for that use,
                                                The acute dietary analysis was                             • Condition a: The data used are
                                                                                                                                                              averaging across all observations, and
                                                conducted using 100% crop treated                       reliable and provide a valid basis to
                                                                                                                                                              rounding to the nearest 5%, except for
                                                assumptions and tolerance-level                         show what percentage of the food
                                                                                                                                                              those situations in which the average
                                                residues, adjusted as appropriate using                 derived from such crop is likely to
                                                                                                                                                              PCT is less than one. In those cases, 1%
                                                factors from the metabolism studies, to                 contain the pesticide residue.
                                                                                                           • Condition b: The exposure estimate               is used as the average PCT and 2.5% is
                                                account for residues of concern not                                                                           used as the maximum PCT. EPA uses a
                                                measured by the analytical method.                      does not underestimate exposure for any
                                                                                                        significant subpopulation group.                      maximum PCT for acute dietary risk
                                                   ii. Chronic exposure. In conducting                     • Condition c: Data are available on               analysis. The maximum PCT figure is
                                                the chronic dietary exposure                            pesticide use and food consumption in                 the highest observed maximum value
                                                assessment, EPA used the food                           a particular area, the exposure estimate              reported within the recent 6 years of
                                                consumption data from the USDA 2003–                    does not understate exposure for the                  available public and private market
                                                2008 NHANES/WWEIA database. As to                       population in such area. In addition, the             survey data for the existing use and
                                                residue levels in food, the chronic                     Agency must provide for periodic                      rounded up to the nearest multiple of
                                                dietary analysis was conducted                          evaluation of any estimates used. To                  5%.
                                                assuming mean residue levels from crop                  provide for the periodic evaluation of                   The Agency believes that the three
                                                field trials with a ratio adjustment for                the estimate of PCT as required by                    conditions discussed in Unit III.C.1.iv.
                                                additional metabolites of concern,                      FFDCA section 408(b)(2)(F), EPA may                   have been met. With respect to
                                                average percent crop treated estimates,                 require registrants to submit data on                 Condition a, PCT estimates are derived
                                                and experimentally-determined                           PCT.                                                  from Federal and private market survey
                                                processing factors.                                        The Agency estimated the PCT for                   data, which are reliable and have a valid
mstockstill on DSK4VPTVN1PROD with RULES




                                                   iii. Cancer. Based on the data                       existing uses as follows: For the acute               basis. The Agency is reasonably certain
                                                summarized in Unit III.A., EPA has                      dietary analysis, 100 PCT was assumed                 that the percentage of the food treated
                                                concluded that fluazifop-P-butyl does                   for all crops. The following average                  is not likely to be an underestimation.
                                                not pose a cancer risk to humans.                       percent crop treated estimates were                   As to Conditions b and c, regional
                                                Therefore, a dietary exposure                           used in the chronic dietary risk                      consumption information and
                                                assessment for the purpose of assessing                 assessments for the following crops that              consumption information for significant
                                                cancer risk is unnecessary.                             are currently registered for fluazifop-P-             subpopulations is taken into account


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00031   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                                46820             Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations

                                                through EPA’s computer-based model                      sidewalks, and storage yards. EPA                     substances. For the purposes of this
                                                for evaluating the exposure of                          assessed residential exposure using the               tolerance action, therefore, EPA has
                                                significant subpopulations including                    following assumptions. For handlers,                  assumed that fluazifop-P-butyl does not
                                                several regional groups. Use of this                    there is a potential for short-term                   have a common mechanism of toxicity
                                                consumption information in EPA’s risk                   inhalation and dermal exposure.                       with other substances. For information
                                                assessment process ensures that EPA’s                   Residential handler exposure scenarios                regarding EPA’s efforts to determine
                                                exposure estimate does not understate                   include handwand, hose and sprayer,                   which chemicals have a common
                                                exposure for any significant                            backpack, sprinkler can, and RTU hose                 mechanism of toxicity and to evaluate
                                                subpopulation group and allows the                      end sprayer.                                          the cumulative effects of such
                                                Agency to be reasonably certain that no                    There is also the potential for short-             chemicals, see EPA’s Web site at http://
                                                regional population is exposed to                       term post-application exposure for                    www.epa.gov/pesticides/cumulative.
                                                residue levels higher than those                        dermal exposure to all groups: Adult
                                                                                                        and child (1 to <2 years) turf-high                   D. Safety Factor for Infants and
                                                estimated by the Agency. Other than the
                                                                                                        contact; adult and youth (11–16 years)                Children
                                                data available through national food
                                                consumption surveys, EPA does not                       mowing; adult, child (6 to <11 years)                    1. In general. Section 408(b)(2)(C) of
                                                have available reliable information on                  and youth (11–16 years) golfing; adult                FFDCA provides that EPA shall apply
                                                the regional consumption of food to                     and child (6 to <11 years) garden. Two                an additional tenfold (10X) margin of
                                                which fluazifop-P-butyl may be applied                  separate dermal absorption values were                safety for infants and children in the
                                                in a particular area.                                   used: 9% is used for assessing dermal                 case of threshold effects to account for
                                                   2. Dietary exposure from drinking                    exposures while golfing or mowing a                   prenatal and postnatal toxicity and the
                                                water. The Agency used screening level                  lawn, since these are representative of               completeness of the database on toxicity
                                                water exposure models in the dietary                    low exposure activities (i.e., the Agency             and exposure unless EPA determines
                                                exposure analysis and risk assessment                   assumes that 9% of dermal exposures                   based on reliable data that a different
                                                for fluazifop-P-butyl in drinking water.                will be absorbed), whereas 2% is used                 margin of safety will be safe for infants
                                                These simulation models take into                       for assessing dermal exposures from                   and children. This additional margin of
                                                account data on the physical, chemical,                 high-contact lawn activities, since these             safety is commonly referred to as the
                                                and fate/transport characteristics of                   are representative of high-exposure                   Food Quality Protection Act Safety
                                                fluazifop-P-butyl. Further information                  activities (i.e., the Agency assumes that             Factor (SF). In applying this provision,
                                                regarding EPA drinking water models                     2% of dermal exposures will be                        EPA either retains the default value of
                                                used in pesticide exposure assessment                   absorbed). In addition, there is potential            10X, or uses a different additional safety
                                                can be found at http://www.epa.gov/                     for short-term post-application                       factor when reliable data available to
                                                oppefed1/models/water/index.htm.                        incidental oral exposure for children (1              EPA support the choice of a different
                                                   Estimated drinking water                             to <2 years). Chemical-specific                       factor.
                                                concentrations (EDWCs) in ground                        dislodgeable foliar residue (DFR) data                   2. Prenatal and postnatal sensitivity.
                                                water were modeled using Tier I                         are available and were used for the                   No increased offspring sensitivity over
                                                SCIGROW (version 2.3) and surface                       residential post application exposure                 parent was seen in the rabbit pre-natal
                                                water EDWCs were modeled using Tier                     assessment for gardens. Since Turf                    developmental studies or the rat post-
                                                II PRZM (Pesticide Root Zone Model)                     Transferable Residue (TTR) data are not               natal reproduction study, and no
                                                and EXAMS (Exposure Analysis                            available for fluazifop-P-butyl, default              evidence of neurotoxicity was observed.
                                                Modeling System). Modeled estimates of                  TTR values were used for the residential              Several rat developmental toxicity
                                                drinking water concentrations were                      post application exposure assessment                  studies conducted on both fluazifop-
                                                directly entered into the dietary                       for turf. Given the conservatisms                     butyl and fluazifop-P-butyl indicate
                                                exposure model. For the acute dietary                   associated with default TTR values and                fetal effects (ranging from delayed
                                                risk assessment, the surface water                      the potential compounding nature of                   ossification, fetal weight decrements,
                                                concentration value of 33.4 ppb was                     conservatisms in the turf assessment,                 increased incidence of small fetuses,
                                                used to assess the contribution from                    EPA is able to rely upon the calculated               cervical arches and centrum in fetuses
                                                drinking water. For the chronic dietary                 exposure estimates with confidence that               and litters at levels from 5 to 20 mg/kg/
                                                risk assessment, the surface water                      exposure is not being underestimated.                 day to diaphragmatic hernia at 200 mg/
                                                concentration value of 6.6 ppb was used                 Further information regarding EPA                     kg/day) in the absence of maternal
                                                to assess the contribution from drinking                standard assumptions and generic                      toxicity.
                                                water.                                                  inputs for residential exposures may be                  3. Conclusion. EPA has determined
                                                   3. From non-dietary exposure. The                    found at http://www.epa.gov/pesticides/               that reliable data show the safety of
                                                term ‘‘residential exposure’’ is used in                trac/science/trac6a05.pdf.                            infants and children would be
                                                this document to refer to non-                             4. Cumulative effects from substances              adequately protected if the FQPA SF
                                                occupational, non-dietary exposure                      with a common mechanism of toxicity.                  were reduced to 1X. That decision is
                                                (e.g., for lawn and garden pest control,                Section 408(b)(2)(D)(v) of FFDCA                      based on the following findings:
                                                indoor pest control, termiticides, and                  requires that, when considering whether                  i. The toxicity database for assessing
                                                flea and tick control on pets).                         to establish, modify, or revoke a                     potential prenatal and postnatal toxicity
                                                   Fluazifop-P-butyl is currently                       tolerance, the Agency consider                        of fluazifop-P-butyl to infants and
                                                registered for the following uses that                  ‘‘available information’’ concerning the              children is complete.
                                                could result in residential exposures:                  cumulative effects of a particular                       ii. As there is limited indication of
                                                Non-agricultural outdoor buildings,                     pesticide’s residues and ‘‘other                      developmental neurotoxicity resulting
mstockstill on DSK4VPTVN1PROD with RULES




                                                building foundations, curbs, driveways,                 substances that have a common                         from exposure to fluazifop-P-butyl with
                                                fencerows, non-agricultural areas                       mechanism of toxicity.’’ EPA has not                  the current data sets, there is no need
                                                (wildlife refuge), non-crop areas,                      found fluazifop-P-butyl to share a                    for a developmental neurotoxicity
                                                ornamentals (lawns, flowering shrubs,                   common mechanism of toxicity with                     study. There were no developmental or
                                                flowering plants, gardens, ground                       any other substances, and fluazifop-P-                central nervous system malformations
                                                covers, plants, trees, turf, and woody                  butyl does not appear to produce a toxic              seen in any of the developmental
                                                shrubs), patios, pathways, rights-of-way,               metabolite produced by other                          toxicity studies with rats or rabbits and


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                                                  Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations                                        46821

                                                no evidence of neurotoxicity or                         EPA’s general understanding of the                    exposure to food and water (considered
                                                neuropathology in adult animals in the                  availability of turf transferable pesticide           to be a background exposure level).
                                                available studies. The toxicological                    residues. These assessments will not                     An intermediate-term adverse effect
                                                significance of the marginal increases in               underestimate the exposure and risks                  was identified; however, fluazifop-P-
                                                brain weights at high doses is unknown                  posed by fluazifop-P-butyl.                           butyl is not registered for any use
                                                in the absence of corroborative                                                                               patterns that would result in
                                                                                                        E. Aggregate Risks and Determination of
                                                histopathological lesions. EPA therefore                                                                      intermediate-term residential exposure.
                                                                                                        Safety
                                                concludes that there is not a concern for                                                                     Intermediate-term risk is assessed based
                                                developmental neurotoxicity resulting                      EPA determines whether acute and                   on intermediate-term residential
                                                from exposure to fluazifop-butyl or                     chronic dietary pesticide exposures are               exposure plus chronic dietary exposure.
                                                fluazifop-P-butyl.                                      safe by comparing aggregate exposure                  Because there is no intermediate-term
                                                   iii. While there was quantitative                    estimates to the acute PAD (aPAD) and                 residential exposure and chronic dietary
                                                evidence of increased susceptibility in                 chronic PAD (cPAD). For linear cancer                 exposure has already been assessed
                                                the fetuses of rats exposed in utero to                 risks, EPA calculates the lifetime                    under the appropriately protective
                                                fluazifop-butyl and fluazifop-P-butyl,                  probability of acquiring cancer given the             cPAD (which is at least as protective as
                                                EPA concludes that there is no residual                 estimated aggregate exposure. Short-,                 the POD used to assess intermediate-
                                                uncertainty for prenatal or postnatal                   intermediate-, and chronic-term risks                 term risk), no further assessment of
                                                toxicity that would warrant an                          are evaluated by comparing the                        intermediate-term risk is necessary, and
                                                additional 10X safety factor. The                       estimated aggregate food, water, and                  EPA relies on the chronic dietary risk
                                                available studies clearly identify well-                residential exposure to the appropriate               assessment for evaluating intermediate-
                                                defined NOAELs and LOAELs that are                      PODs to ensure that an adequate MOE                   term risk for fluazifop-P-butyl.
                                                consistent across the five developmental                exists.                                                  5. Aggregate cancer risk for U.S.
                                                rat toxicity studies. In addition, the                     1. Acute risk. Using the exposure                  population. Fluazifop-P-butyl has been
                                                Agency has selected, based on these                     assumptions discussed in this unit for                classified as ‘‘Not likely to be
                                                studies, a developmental endpoint of                    acute exposure, the acute dietary                     carcinogenic to humans’’; therefore,
                                                concern (diaphragmatic hernia) for                      exposure from food and water to                       EPA concludes that fluazifop-P-butyl
                                                assessing acute dietary risk. As this                   fluazifop will occupy 14% of the aPAD                 will not pose a cancer risk.
                                                endpoint is relevant to single exposures,               for females 13–49 years old, the only                    6. Determination of safety. Based on
                                                the acute risk assessment based on this                 relevant population subgroup for the                  these risk assessments, EPA concludes
                                                endpoint will be protective of any fetal                acute dietary endpoint.                               that there is a reasonable certainty that
                                                effects resulting from a single exposure.                  2. Chronic risk. Using the exposure
                                                                                                                                                              no harm will result to the general
                                                Further, the Agency has selected, based                 assumptions described in this unit for
                                                                                                                                                              population, or to infants and children
                                                these studies, a developmental endpoint                 chronic exposure, EPA has concluded
                                                                                                                                                              from aggregate exposure to fluazifop-P-
                                                of concern (delayed ossifications) for                  that chronic exposure to fluazifop-P-
                                                                                                                                                              butyl residues.
                                                repeat exposure scenarios, which will                   butyl from food and water will utilize
                                                be protective of any developmental                      64% of the cPAD for children 1–2 years                IV. Other Considerations
                                                effects in those scenarios.                             old, the population group receiving the
                                                                                                                                                              A. Analytical Enforcement Methodology
                                                   iv. There are no residual uncertainties              greatest exposure. Based on the
                                                identified in the exposure databases.                   explanation in Unit III.C.3., regarding                 Adequate enforcement methodology
                                                There is an adequate toxicity database                  residential use patterns, chronic                     (High Performance Liquid
                                                for fluazifop-P-butyl and exposure data                 residential exposure to residues of                   Chromatography/Ultra-Violet
                                                are complete. The dietary and                           fluazifop-P-butyl is not expected.                    Spectrometry (HPLC/UV)) is available to
                                                residential assessments are based on                       3. Short-term risk. Short-term                     enforce the tolerance expression. The
                                                reliable data and will not underestimate                aggregate exposure takes into account                 method is available in Pesticide
                                                exposure/risk. EPA made conservative                    short-term residential exposure plus                  Analytical Methods (PAM), Volume II:
                                                (protective) assumptions in the ground                  chronic exposure to food and water                    Method I for animal tissues and milk
                                                and surface water modeling used to                      (considered to be a background                        and Method II for crops. The stated
                                                assess exposure to fluazifop-P-butyl in                 exposure level). Fluazifop-P-butyl is                 detection limits are 0.02–0.05 ppm for
                                                drinking water. EPA used similarly                      currently registered for uses that could              crops, 0.01 ppm for milk, and 0.02 ppm
                                                conservative assumptions to assess post                 result in short-term residential                      for animal tissues. Improved
                                                application exposure of children as well                exposure, and the Agency has                          enforcement methods based on liquid
                                                as incidental oral exposure of toddlers.                determined that it is appropriate to                  chromatography and tandem mass
                                                Although EPA has required additional                    aggregate chronic exposure through food               spectroscopy, LC/MS/MS, are available
                                                data on transferable residues from                      and water with short-term residential                 as Method GRM044.01A and Method
                                                treated turf for fluazifop-P-butyl, EPA is              exposures to Fluazifop-P-butyl.                       GRM044.02A. Both of these methods
                                                confident that it has not underestimated                   Using the exposure assumptions                     have been validated at 0.01 ppm on a
                                                turf exposure due to the                                described in this unit for short-term                 wide variety of crop matrices.
                                                conservativeness of the default turf                    exposures, EPA has concluded the
                                                                                                                                                              B. International Residue Limits
                                                transfer value and conservative                         combined short-term food, water, and
                                                assumptions in the short-term turf                      residential exposures result in aggregate               In making its tolerance decisions, EPA
                                                assessment procedures (e.g., assuming                   MOEs of 210 for adults and 3100 for                   seeks to harmonize U.S. tolerances with
                                                residues do not degrade over the thirty                 children. Because EPA’s level of                      international standards whenever
mstockstill on DSK4VPTVN1PROD with RULES




                                                day assessment period and assuming                      concern for fluazifop-P-butyl is a MOE                possible, consistent with U.S. food
                                                high-end activities on turf for every day               of 100 or below, these MOEs are not of                safety standards and agricultural
                                                of the assessment period). The                          concern.                                              practices. EPA considers the
                                                additional data on transferable turf                       4. Intermediate-term risk.                         international maximum residue limits
                                                residues have been required in case                     Intermediate-term aggregate exposure                  (MRLs) established by the Codex
                                                refinement of exposure assessments is                   takes into account intermediate-term                  Alimentarius Commission (Codex), as
                                                needed in the future and to further                     residential exposure plus chronic                     required by FFDCA section 408(b)(4).


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                                46822             Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations

                                                The Codex Alimentarius is a joint                       in the preemption provisions of FFDCA                 § 180.411 Fluazifop-P-butyl; tolerances for
                                                United Nations Food and Agriculture                     section 408(n)(4). As such, the Agency                residues.
                                                Organization/World Health                               has determined that this action will not                  (a) * * *
                                                Organization food standards program,                    have a substantial direct effect on States
                                                and it is recognized as an international                or tribal governments, on the                                                                        Parts
                                                food safety standards-setting                           relationship between the national                                   Commodity                         per
                                                                                                                                                                                                             million
                                                organization in trade agreements to                     government and the States or tribal
                                                which the United States is a party. EPA                 governments, or on the distribution of
                                                may establish a tolerance that is                       power and responsibilities among the                    *         *          *               *          *
                                                different from a Codex MRL; however,                    various levels of government or between               Sweet potato, roots ........................    1.5
                                                FFDCA section 408(b)(4) requires that                   the Federal Government and Indian
                                                EPA explain the reasons for departing                   tribes. Thus, the Agency has determined               *        *     *       *       *
                                                from the Codex level.                                   that Executive Order 13132, entitled                  [FR Doc. 2015–18825 Filed 8–5–15; 8:45 am]
                                                   The Codex has not established a MRL                  ‘‘Federalism’’ (64 FR 43255, August 10,               BILLING CODE 6560–50–P
                                                for fluazifop-P-butyl.                                  1999) and Executive Order 13175,
                                                V. Conclusion                                           entitled ‘‘Consultation and Coordination
                                                                                                        with Indian Tribal Governments’’ (65 FR               CHEMICAL SAFETY AND HAZARD
                                                  Therefore, the tolerance is amended                   67249, November 9, 2000) do not apply                 INVESTIGATION BOARD
                                                for residues of fluazifop-P-butyl in or on              to this action. In addition, this action
                                                sweet potato, roots from 0.05 ppm to 1.5                does not impose any enforceable duty or               40 CFR Part 1600
                                                ppm.                                                    contain any unfunded mandate as
                                                VI. Statutory and Executive Order                       described under Title II of the Unfunded              Organization and Functions of the
                                                Reviews                                                 Mandates Reform Act (UMRA) (2 U.S.C.                  Chemical Safety and Hazard
                                                                                                        1501 et seq.).                                        Investigation Board
                                                   This action amends a tolerance under
                                                FFDCA section 408(d) in response to a                      This action does not involve any                   AGENCY:  Chemical Safety and Hazard
                                                petition submitted to the Agency. The                   technical standards that would require                Investigation Board.
                                                Office of Management and Budget                         Agency consideration of voluntary                     ACTION: Final rule.
                                                (OMB) has exempted these types of                       consensus standards pursuant to section
                                                actions from review under Executive                     12(d) of the National Technology                      SUMMARY:   This rule amends the quorum
                                                Order 12866, entitled ‘‘Regulatory                      Transfer and Advancement Act                          and voting regulations of the Chemical
                                                Planning and Review’’ (58 FR 51735,                     (NTTAA) (15 U.S.C. 272 note).                         Safety and Hazard Investigation Board
                                                October 4, 1993). Because this action                                                                         (CSB). The amendments add a
                                                                                                        VII. Congressional Review Act                         requirement for the Chairperson to place
                                                has been exempted from review under
                                                Executive Order 12866, this action is                                                                         notation votes that have been
                                                                                                          Pursuant to the Congressional Review                calendared for discussion at a Board
                                                not subject to Executive Order 13211,                   Act (5 U.S.C. 801 et seq.), EPA will
                                                entitled ‘‘Actions Concerning                                                                                 Meeting to the agenda of a public
                                                                                                        submit a report containing this rule and              meeting within 90 days of the
                                                Regulations That Significantly Affect                   other required information to the U.S.
                                                Energy Supply, Distribution, or Use’’ (66                                                                     calendared notation vote. The rule also
                                                                                                        Senate, the U.S. House of                             adds a requirement for the Chairperson
                                                FR 28355, May 22, 2001) or Executive                    Representatives, and the Comptroller
                                                Order 13045, entitled ‘‘Protection of                                                                         to conduct a minimum of four public
                                                                                                        General of the United States prior to                 meetings per year in Washington, DC.
                                                Children from Environmental Health                      publication of the rule in the Federal
                                                Risks and Safety Risks’’ (62 FR 19885,                                                                        DATES: Effective August 6, 2015.
                                                                                                        Register. This action is not a ‘‘major
                                                April 23, 1997). This action does not                                                                         SUPPLEMENTARY INFORMATION: This final
                                                                                                        rule’’ as defined by 5 U.S.C. 804(2).
                                                contain any information collections                                                                           rule will promote increased
                                                subject to OMB approval under the                       List of Subjects in 40 CFR Part 180                   transparency and accountability for
                                                Paperwork Reduction Act (PRA) (44                                                                             Board activities. It aligns with the Open
                                                                                                          Environmental protection,                           Government principles of transparency,
                                                U.S.C. 3501 et seq.), nor does it require
                                                                                                        Administrative practice and procedure,                participation, and collaboration, as
                                                any special considerations under
                                                                                                        Agricultural commodities, Pesticides                  outlined in the Memorandum on
                                                Executive Order 12898, entitled
                                                                                                        and pests, Reporting and recordkeeping                Transparency and Open Government
                                                ‘‘Federal Actions to Address
                                                                                                        requirements.                                         (74 FFR 4685, Jan. 26, 2009).
                                                Environmental Justice in Minority
                                                Populations and Low-Income                                Dated: July 23, 2015.                                  The Board conducts most votes
                                                Populations’’ (59 FR 7629, February 16,                 Susan Lewis,                                          through a process of notation voting. In
                                                1994).                                                                                                        notation voting, Board Members may
                                                                                                        Director, Registration Division, Office of
                                                   Since tolerances and exemptions that                 Pesticide Programs.                                   vote to approve, disapprove, or calendar
                                                are established on the basis of a petition                                                                    a notation item for discussion at a
                                                under FFDCA section 408(d), such as                       Therefore, 40 CFR chapter I is                      public meeting. In recent years, notation
                                                the tolerance in this final rule, do not                amended as follows:                                   items have been calendared but then not
                                                require the issuance of a proposed rule,                                                                      placed on the agenda for discussion at
                                                                                                        PART 180—[AMENDED]                                    a public meeting of the Board. The
                                                the requirements of the Regulatory
                                                Flexibility Act (RFA) (5 U.S.C. 601 et                                                                        addition of language to 40 CFR
mstockstill on DSK4VPTVN1PROD with RULES




                                                seq.), do not apply.                                    ■ 1. The authority citation for part 180              1600.5(b) will ensure that calendaring is
                                                   This action directly regulates growers,              continues to read as follows:                         used in the way it was intended. It will
                                                food processors, food handlers, and food                    Authority: 21 U.S.C. 321(q), 346a and 371.        require the consideration of calendared
                                                retailers, not States or tribes, nor does                                                                     notation votes at a public meeting
                                                this action alter the relationships or                  ■  2. In § 180.411, revise the commodity              within 90 days of the calendaring
                                                distribution of power and                               ‘‘Sweet potato, roots’’ in the table in               action. Prior to the adoption of this
                                                responsibilities established by Congress                paragraph (a) to read as follows:                     amendment to the rule, calendaring


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1



Document Created: 2018-02-23 10:55:54
Document Modified: 2018-02-23 10:55:54
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 August 6, 2015. Objections and requests for hearings must be received on or before October 5, 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 46816 
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