80_FR_48900 80 FR 48743 - Fludioxonil; Pesticide Tolerances

80 FR 48743 - Fludioxonil; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 157 (August 14, 2015)

Page Range48743-48749
FR Document2015-20019

This regulation establishes tolerances for residues of fludioxonil in or on carrots, the stone fruit group 12-12, and the rapeseed subgroup 20A, except flax seed. Interregional Research Project Number 4 (IR-4) requested the tolerances for carrots and the stone fruit group 12-12, and Syngenta Crop Protection requested the tolerance for the rapeseed subgroup 20A under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 157 (Friday, August 14, 2015)
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Rules and Regulations]
[Pages 48743-48749]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20019]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0496; FRL-9931-06]


Fludioxonil; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
fludioxonil in or on carrots, the stone fruit group 12-12, and the 
rapeseed subgroup 20A, except flax seed. Interregional Research Project 
Number 4 (IR-4) requested the tolerances for carrots and the stone 
fruit group 12-12, and Syngenta Crop Protection requested the tolerance 
for the rapeseed subgroup 20A under the Federal Food, Drug, and 
Cosmetic Act (FFDCA).

DATES: This regulation is effective August 14, 2015. Objections and 
requests for hearings must be received on or before October 13, 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-2014-0496, 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

[[Page 48744]]

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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

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

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

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

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2014-0496 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 13, 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-2014-0496, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of December 17, 2014 (79 FR 75107) (FRL-
9918-90), 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 
4E8272) by IR-4, 500 College Road East, Suite 201 W, Princeton, NJ 
08540. The petition requested that 40 CFR part 180 be amended by 
establishing tolerances for residues of the fungicide fludioxonil [4-
(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile] in or on 
the raw agricultural commodity carrot at 7.0 ppm, and by changing the 
existing entry for ``fruit, stone, group 12 at 5.0 ppm'' to ``fruit, 
stone, group 12-12 at 5.0 ppm.'' That document referenced a summary of 
the petition prepared by Syngenta Crop Protection, the registrant, 
which is available in the docket, http://www.regulations.gov.
    In the Federal Register of October 24, 2014 (79 FR 63594) (FRL-
9916-03), 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 
4F8277) by Syngenta Crop Protection, LLC, 410 Swing Rd., Greensboro, NC 
27419. The petition requested that 40 CFR part 180 be amended by 
establishing tolerances for residues of the fungicide fludioxonil in or 
on the rapeseed subgroup 20A, except flax seed at 0.01 ppm. That 
document referenced a summary of the petition prepared by Syngenta Crop 
Protection, the registrant, which is available in the docket, http://www.regulations.gov.
    Comments were received on the notice of filing. EPA's response to 
these comments is discussed in Unit IV.C.

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 fludioxonil including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with fludioxonil 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.

[[Page 48745]]

    In all species tested, the effects in the fludioxonil database are 
indicative of toxicity to the liver and kidney. The hematopoietic 
system was also a target in dogs. There were also decreased body 
weights and clinical signs throughout the database. Fludioxonil was 
non-toxic through the dermal route, and there was no evidence of 
immunotoxicity when tested up to and including the limit dose. 
Fludioxonil was not mutagenic in the tests for gene mutations.
    In a rat developmental toxicity study, fludioxonil caused an 
increase in fetal incidence and litter incidence of dilated renal 
pelvis at the limit dose (1,000 mg/kg/day). These effects are known to 
occur spontaneously in the rat, in addition to being transient and 
reversible which is consistent with the fludioxonil hazard database 
(not seen in offspring in the 2-generation reproductive study). Under 
current policy, the agency considers classification of these effects as 
treatment-related but conservative and not indicative of increased 
fetal susceptibility. Maternal toxicity occurred at the same dose and 
manifested as body weight decrements. In the 2-generation reproduction 
study, parental and offspring effects occurred at the same dose and 
consisted of decreased body weights in parental and offspring animals, 
as well as increased clinical signs in parental animals.
    There was no evidence of carcinogenicity in male or female CD-1 
mice and male Sprague-Dawley rats following dietary administration at 
doses that were adequate for assessing the carcinogenic potential of 
fludioxonil. In female Sprague-Dawley rats, there was a statistically 
significant increase in tumor incidence only when hepatocellular 
adenomas and carcinomas were combined (not for individual tumor types). 
The pairwise increase for combined tumors was significant at p=0.03, 
which is not a strong indication of a positive effect. Further, 
statistical significance was only found when liver adenomas were 
combined with liver carcinomas. Finally, the increase in these tumors 
was within, but at the high-end, of the historical controls. Based on 
these findings and in accordance with the Agency's 1986 ``Guidelines 
for Carcinogen Risk Assessment,'' fludioxonil was classified as a Group 
D carcinogen; therefore, there is no need for a quantitative cancer 
risk assessment.
    Specific information on the studies received and the nature of the 
adverse effects caused by fludioxonil 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 the document titled ``Fludioxonil. Section 3 
Registration for Use on Carrots, Stone Fruit, Group 12-12, and 
Rapeseed, Subgroup 20A. Human Health Risk Assessment'' at page 28 in 
docket ID number EPA-HQ-OPP-2014-0496.

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 fludioxonil used for 
human risk assessment is shown in Table 1 of this unit. Since the last 
assessment in 2012, (August 15, 2012) (77 FR 48907) (FRL-9357-5), the 
Agency has reevaluated the toxicological endpoints. Based upon current 
policy, it was determined that an acute dietary assessment was no 
longer necessary for fludioxonil. This decision was based upon the 
following weight of evidence: (1) After re-evaluation of the hazard 
database, it was determined that there were no effects that could be 
attributed to single dose and (2) the fetal effects in the 
developmental rat study occurred only at the limit dose (1,000 mg/kg/
day). Additionally, though the same study is being used to assess 
chronic dietary risk, the NOAEL and LOAEL have been reclassified. 
Further, the remaining endpoints for short-term incidental oral 
toxicity and short-term inhalation toxicity have changed as well.

  Table 1--Summary of Toxicological Doses and Endpoints for Fludioxonil for Use in Human Health Risk Assessment
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                                     Point of departure and
         Exposure/scenario              uncertainty/safety   RfD, PAD, LOC for risk    Study and toxicological
                                             factors               assessment                  effects
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Acute dietary (General population      There were no appropriate toxicological effects attributable to a single
 including infants and children).       exposure (dose) observed in available oral toxicity studies, including
                                      maternal toxicity in the developmental toxicity studies. Therefore, a dose
                                              and endpoint were not identified for this risk assessment.
                                    ----------------------------------------------------------------------------
Chronic dietary (All populations)..  NOAEL= 33.1 mg/kg/day   Chronic RfD = 0.33 mg/  Chronic toxicity in dogs--
                                      UFA = 10x.              kg/day.                LOAEL = 297.8 mg/kg/day
                                     UFH = 10x.............  cPAD = 0.33 mg/kg/day.   based upon decreased
                                     FQPA SF = 1x..........                           absolute body weights,
                                                                                      increased platelets and
                                                                                      fibrin in both sexes,
                                                                                      cholesterol in males, and
                                                                                      increased alkaline
                                                                                      phosphatase release in
                                                                                      both sexes. Enlarged
                                                                                      livers in two females were
                                                                                      observed along with
                                                                                      biliary epithelial cell
                                                                                      proliferation in one
                                                                                      female.

[[Page 48746]]

 
Incidental oral short-term (1 to 30  NOAEL= 50 mg/kg/day     LOC for MOE = 100.....  Subchronic toxicity in
 days).                               UFA = 10x.                                      dogs--
                                     UFH = 10x.............                          LOAEL = 250 mg/kg/day based
                                     FQPA SF = 1x..........                           upon decreased absolute
                                                                                      body weights in both
                                                                                      sexes, diarrhea,
                                                                                      hematological alterations
                                                                                      (increased platelets and
                                                                                      fibrin, decreased red
                                                                                      cells, hemoglobin, and
                                                                                      packed cell volume),
                                                                                      clinical chemistry
                                                                                      alterations (increased
                                                                                      alpha-1 and alpha-2
                                                                                      globulin in females),
                                                                                      increased liver weights in
                                                                                      both sexes, increased
                                                                                      testes and ovary weights,
                                                                                      and an increased severity
                                                                                      (but not incidence) of
                                                                                      bile duct proliferation.
Inhalation short-term (1 to 30       Oral study NOAEL= 50    LOC for MOE = 100.....  Subchronic toxicity in
 days).                               mg/kg/day (inhalation                           dogs--
                                      absorption rate =                              LOAEL = 250 mg/kg/day based
                                      100%).                                          upon decreased absolute
                                     UFA = 10x.............                           body weights in both
                                     UFH = 10x.............                           sexes, diarrhea,
                                     FQPA SF = 1x..........                           hematological alterations
                                                                                      (increased platelets and
                                                                                      fibrin, decreased red
                                                                                      cells, hemoglobin, and
                                                                                      packed cell volume),
                                                                                      clinical chemistry
                                                                                      alterations (increased
                                                                                      alpha-1 and alpha-2
                                                                                      globulin in females),
                                                                                      increased liver weights in
                                                                                      both sexes, increased
                                                                                      testes and ovary weights,
                                                                                      and an increased severity
                                                                                      (but not incidence) of
                                                                                      bile duct proliferation.
                                    ----------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)..  Classified as a Group D carcinogen; no cancer assessment is necessary.
----------------------------------------------------------------------------------------------------------------
 FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to fludioxonil, EPA considered exposure under the petitioned-
for tolerances as well as all existing fludioxonil tolerances in 40 CFR 
180.516. EPA assessed dietary exposures from fludioxonil 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.
    No such effects were identified in the toxicological studies for 
fludioxonil; therefore, a quantitative acute dietary exposure 
assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the U.S. Department 
of Agriculture's (USDA's) National Health and Nutrition Examination 
Survey, What We Eat in America, (NHANES/WWEIA). As to residue levels in 
food, an unrefined chronic dietary exposure and risk assessment was 
performed assuming tolerance-level residues, 100 percent crop treated 
(PCT) estimates, and DEEM (ver. 7.81) default processing factors.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
classified fludioxonil as a group D carcinogen. Therefore, a dietary 
exposure assessment for the purpose of assessing cancer risk is 
unnecessary.
    iv. Anticipated residue and PCT information. EPA did not use 
anticipated residue or PCT information in the dietary assessment for 
fludioxonil. Tolerance-level residues and 100 PCT were assumed for all 
food commodities.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for fludioxonil in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of fludioxonil. Further information regarding EPA 
drinking water models used in pesticide exposure assessment can be 
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling 
System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-
GROW) models, the estimated drinking water concentrations (EDWCs) of 
fludioxonil for chronic exposures are estimated to be 38.5 parts per 
billion (ppb) for surface water and 0.2 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For the chronic dietary risk 
assessment, the water concentration of value 38.5 ppb was used to 
assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    Fludioxonil is currently registered for the following uses that 
could result in residential exposures: parks, golf courses, athletic 
fields, residential lawns, ornamentals, and greenhouses. To assess 
residential handler exposure, the Agency used the short-term inhalation 
exposure to adults from mixing/loading/applying a wettable powder in 
water-soluble packaging with hose end sprayer (both for turf and 
gardens). To assess post-application exposure, the Agency used short-
term incidental oral exposures (hand-to-mouth) to children 1<2 years 
old from exposure to outdoor treated turf. 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.

[[Page 48747]]

    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 fludioxonil to share a common mechanism of 
toxicity with any other substances, and fludioxonil does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
fludioxonil 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 FQPA 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. There was no quantitative or 
qualitative evidence of increased susceptibility following in utero 
exposure to rats and rabbits or following pre-/postnatal exposure. In a 
rat developmental toxicity study, fludioxonil caused an increase in 
fetal incidence and litter incidence of dilated renal pelvis at the 
limit dose (1,000 mg/kg/day). Maternal toxicity occurred at the same 
dose and manifested as body weight decrements. Fludioxonil was not 
developmentally toxic in rabbits. In the 2-generation reproduction 
study, parental and offspring effects occurred at the same dose and 
consisted of decreased body weights in parental and offspring animals, 
as well as increased clinical signs in parental animals.
    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 fludioxonil is complete.
    ii. The only potential indicator of neurotoxicity for fludioxonil 
was convulsions in mice following handling in the mouse carcinogenicity 
study at the mid- and high-doses. The concern is low however since 
there was no supportive neuropathology, the effect was not seen at 
similar doses in a second mouse carcinogenicity study, there were no 
other signs of potential neurotoxicity observed in the database, and 
selected endpoints are protective of the effect seen in mice. 
Therefore, there is no residual uncertainty concerning neurotoxicity 
and no need to retain the FQPA 10X safety factor.
    iii. There is no evidence that fludioxonil results in increased 
susceptibility in in utero rats or rabbits in the prenatal 
developmental studies or in young rats in the 2-generation reproduction 
study.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100 PCT and tolerance-level residues. EPA made conservative 
(protective) assumptions in the ground and surface water modeling used 
to assess exposure to fludioxonil in drinking water. EPA used similarly 
conservative assumptions to assess post-application exposure of 
children as well as incidental oral exposure of toddlers. These 
assessments will not underestimate the exposure and risks posed by 
fludioxonil.

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. An acute aggregate risk assessment takes into 
account acute exposure estimates from dietary consumption of food and 
drinking water. No adverse effect resulting from a single oral exposure 
was identified and no acute dietary endpoint was selected. Therefore, 
fludioxonil is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
fludioxonil from food and water will utilize 71% 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 
fludioxonil 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).
    Fludioxonil 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 fludioxonil.
    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 81,000 for adults 
and 4,800 for children 1-2 years old. Because EPA's level of concern 
for fludioxonil 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, 
fludioxonil 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 
fludioxonil.
    5. Aggregate cancer risk for U.S. population. Based on the 
discussion contained in Unit III.A., fludioxonil is not expected to 
pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that

[[Page 48748]]

no harm will result to the general population, or to infants and 
children from aggregate exposure to fludioxonil residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate high-performance liquid chromatography/ultraviolet (HPLC/
UV) methods (Methods AG-597 and AG-597B) are available for enforcing 
tolerances for fludioxonil on plant commodities. An adequate liquid 
chromatography, tandem mass spectrometry (LC-MS/MS) method (Analytical 
Method GRM025.03A) is available for enforcing tolerances for residues 
of fludioxonil in or on livestock commodities.
    The methods may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has established MRLs for fludioxonil in or on multiple 
stone fruit commodities (peaches, apricots, etc.) at 5.0 ppm. These 
MRLs are the same as the tolerances established for fludioxonil in the 
United States.
    The Codex has established an MRL for fludioxonil in or on carrot 
roots at 0.7 ppm. This MRL is different than the tolerance established 
for fludioxonil in the United States because it is based on a foliar 
use, whereas the U.S. use is based on a post-harvest use. Harmonization 
with the Codex MRL is likely to result in tolerance exceedances when 
fludioxonil is applied to carrots in accordance with the label.
    The Codex has established an MRL for fludioxonil in or on rape seed 
at 0.02 ppm. This MRL is different than the 0.01 ppm tolerance 
established for fludioxonil on the rapeseed subgroup 20A in the U.S., 
which is aligned with the existing Canadian MRL on rapeseed. In their 
petition, Syngenta requested to remain aligned with Canada at 0.01 ppm 
for rapeseed in order to prevent NAFTA trade barriers.

C. Response to Comments

    Several comments were received in response to the Notice of Filing 
regarding adverse impacts to bees but did not reference any specific 
active ingredient. The commenters by and large stated this action 
should be denied due to toxicity to bees and that all use of chemicals 
should be stopped. The comments primarily appear directed to the 
registration of the pesticide under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA). One comment referenced the establishment 
of a tolerance for an unnamed Syngenta pesticide, so to the extent that 
comment is directed at the present tolerance action, the Agency 
understands the commenters' concerns and recognizes that some 
individuals believe that pesticides should be banned on agricultural 
crops. However, the existing legal framework provided by section 408 of 
the Federal Food, Drug and Cosmetic Act (FFDCA) states that tolerances 
may be set when persons seeking such tolerances or exemptions have 
demonstrated that the pesticide meets the safety standard imposed by 
that statute. The comment appears to be directed at the underlying 
statute and not EPA's implementation of it; no contentions have been 
made that EPA has acted in violation of the statutory framework. As to 
bees the EPA considers impacts to the environment and non-target 
species under the authority of the (FIFRA).

V. Conclusion

    Therefore, tolerances are established for residues of fludioxonil, 
(4-(2,2- difluoro-1,3-benzodioxol-4-yl)-1 H-pyrrole-3-carbonitrile), in 
or on carrots at 7.0 ppm; fruit, stone, group 12-12 at 5.0 ppm; and the 
rapeseed subgroup 20A, except flax seed at 0.01 ppm. In addition, upon 
establishment of these tolerances, the existing tolerance for rapeseed, 
seed is removed as unnecessary since it is part of the rapeseed 
subgroup 20A.

VI. Statutory and Executive Order Reviews

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

[[Page 48749]]

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: August 6, 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.  180.516:
0
a. Remove the entry in the table in paragraph (a) for ``Rapeseed, 
seed''.
0
b. Add alphabetically the entries for ``Carrots'' and ``Rapeseed 
subgroup 20A, except flax seed'' to the table in paragraph (a).
0
c. Revise the entry for ``Fruit, stone, group 12'' to read ``Fruit, 
stone, group 12-12'' in the table in paragraph (a).
    The additions and revisions read as follows:


Sec.  180.516  Fludioxonil; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Carrots.................................................             7.0
 
                                * * * * *
Fruit, stone, group 12-12...............................             5.0
 
                                * * * * *
Rapeseed subgroup 20A, except flax seed.................            0.01
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-20019 Filed 8-13-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations                                                      48743

                                            application of those requirements would                   report containing this action and other                  reference, Intergovernmental relations,
                                            be inconsistent with the CAA; and                         required information to the U.S. Senate,                 sulfur dioxide, nitrogen dioxide,
                                               • Does not provide EPA with the                        the U.S. House of Representatives, and                   Reporting and recordkeeping
                                            discretionary authority to address, as                    the Comptroller General of the United                    requirements.
                                            appropriate, disproportionate human                       States prior to publication of the rule in                 Dated: August 3, 2015.
                                            health or environmental effects, using                    the Federal Register. A major rule
                                            practicable and legally permissible                                                                                Susan Hedman,
                                                                                                      cannot take effect until 60 days after it
                                            methods, under Executive Order 12898                      is published in the Federal Register.                    Regional Administrator, Region 5.
                                            (59 FR 7629, February 16, 1994).                          This action is not a ‘‘major rule’’ as
                                               In addition, the SIP is not approved                                                                                40 CFR part 52 is amended as follows:
                                                                                                      defined by 5 U.S.C. 804(2).
                                            to apply on any Indian reservation land                      Under section 307(b)(1) of the CAA,                   PART 52— APPROVAL AND
                                            or in any other area where EPA or an                      petitions for judicial review of this                    PROMULGATION OF
                                            Indian tribe has demonstrated that a                      action must be filed in the United States                IMPLEMENTATION PLANS
                                            tribe has jurisdiction. In those areas of                 Court of Appeals for the appropriate
                                            Indian country, the rule does not have                    circuit by October 13, 2015. Filing a
                                            tribal implications and will not impose                                                                            ■ 1. The authority citation for part 52
                                                                                                      petition for reconsideration by the
                                            substantial direct costs on tribal                                                                                 continues to read as follows:
                                                                                                      Administrator of this final rule does not
                                            governments or preempt tribal law as                      affect the finality of this action for the                   Authority: 42 U.S.C. 7401 et seq.
                                            specified by Executive Order 13175 (65                    purposes of judicial review nor does it
                                            FR 67249, November 9, 2000).                              extend the time within which a petition                  ■ 2. In § 52.770 the table in paragraph
                                               The Congressional Review Act, 5                        for judicial review may be filed, and                    (e) is amended by adding entries in
                                            U.S.C. 801 et seq., as added by the Small                 shall not postpone the effectiveness of                  alphabetical order for ‘‘Section 110(a)(2)
                                            Business Regulatory Enforcement                           such rule or action. This action may not                 Infrastructure Requirements for the 2010
                                            Fairness Act of 1996, generally provides                  be challenged later in proceedings to                    NO2 NAAQS’’ and ‘‘Section 110(a)(2)
                                            that before a rule may take effect, the                   enforce its requirements. (See section                   Infrastructure Requirements for the 2010
                                            agency promulgating the rule must                         307(b)(2).)                                              SO2 NAAQS’’ to read as follows:
                                            submit a rule report, which includes a                                                                             § 52.770    Identification of plan.
                                            copy of the rule, to each House of the                    List of Subjects in 40 CFR Part 52
                                            Congress and to the Comptroller General                     Environmental protection, Air                          *       *    *        *     *
                                            of the United States. EPA will submit a                   pollution control, Incorporation by                          (e) * * *
                                                                         EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
                                                             Title                    Indiana date               EPA Approval                                             Explanation


                                                     *                     *                           *                     *                            *                     *                       *
                                            Section 110(a)(2) Infrastructure              1/15/2013    8/14/2015, [insert Federal              This action addresses the following CAA elements:
                                              Requirements for the 2010                                  Register citation].                     110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II) except visibility,
                                              NO2 NAAQS.                                                                                         (D)(ii), (E), (F), (G), (H), (J) except visibility, (K), (L), and
                                                                                                                                                 (M).
                                            Section 110(a)(2) Infrastructure              5/22/2013    8/14/2015, [insert Federal              This action addresses the following CAA elements:
                                              Requirements for the 2010                                  Register citation].                     110(a)(2)(A), (B), (C), (D)(i)(II) except visibility, (D)(ii), (E),
                                              SO2 NAAQS.                                                                                         (F), (G), (H), (J) except visibility, (K), (L), and (M).

                                                      *                         *                       *                      *                         *                       *                      *



                                            ■ 3. Section 52.1891 is amended by                        ENVIRONMENTAL PROTECTION                                 Federal Food, Drug, and Cosmetic Act
                                            revising paragraph (h) to read as                         AGENCY                                                   (FFDCA).
                                            follows:
                                                                                                      40 CFR Part 180                                          DATES:  This regulation is effective
                                            § 52.1891 Section 110(a)(2) Infrastructure                                                                         August 14, 2015. Objections and
                                            Requirements.                                             [EPA–HQ–OPP–2014–0496; FRL–9931–06]                      requests for hearings must be received
                                            *     *     *      *    *                                                                                          on or before October 13, 2015, and must
                                                                                                      Fludioxonil; Pesticide Tolerances                        be filed in accordance with the
                                              (h) Approval—In a June 7, 2013,                                                                                  instructions provided in 40 CFR part
                                            submittal, Ohio certified that the State                  AGENCY:  Environmental Protection
                                                                                                                                                               178 (see also Unit I.C. of the
                                            has satisfied the infrastructure SIP                      Agency (EPA).
                                                                                                                                                               SUPPLEMENTARY INFORMATION).
                                            requirements of section 110(a)(2)(A)                      ACTION: Final rule.
                                                                                                                                                               ADDRESSES:   The docket for this action,
                                            through (H), and (J) through (M) for the
                                                                                                      SUMMARY:   This regulation establishes                   identified by docket identification (ID)
                                            2010 SO2 NAAQS. We are not finalizing
                                                                                                      tolerances for residues of fludioxonil in                number EPA–HQ–OPP–2014–0496, is
                                            action on section 110(a)(2)(D)(i)(I)—                     or on carrots, the stone fruit group 12–                 available at http://www.regulations.gov
                                            Interstate transport prongs 1 and 2 or                    12, and the rapeseed subgroup 20A,                       or at the Office of Pesticide Programs
tkelley on DSK3SPTVN1PROD with RULES




                                            visibility portions of section                            except flax seed. Interregional Research                 Regulatory Public Docket (OPP Docket)
                                            110(a)(2)(D)(i)(II) and 110(a)(2)(J).                     Project Number 4 (IR–4) requested the                    in the Environmental Protection Agency
                                            [FR Doc. 2015–20020 Filed 8–13–15; 8:45 am]               tolerances for carrots and the stone fruit               Docket Center (EPA/DC), West William
                                            BILLING CODE 6560–50–P                                    group 12–12, and Syngenta Crop                           Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                      Protection requested the tolerance for                   Constitution Ave. NW., Washington, DC
                                                                                                      the rapeseed subgroup 20A under the                      20460–0001. The Public Reading Room


                                       VerDate Sep<11>2014     20:18 Aug 13, 2015   Jkt 235001   PO 00000   Frm 00061   Fmt 4700   Sfmt 4700   E:\FR\FM\14AUR1.SGM      14AUR1


                                            48744              Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations

                                            is open from 8:30 a.m. to 4:30 p.m.,                    mail and hand delivery of objections                  Syngenta Crop Protection, LLC, 410
                                            Monday through Friday, excluding legal                  and hearing requests are provided in 40               Swing Rd., Greensboro, NC 27419. The
                                            holidays. The telephone number for the                  CFR 178.25(b).                                        petition requested that 40 CFR part 180
                                            Public Reading Room is (202) 566–1744,                    In addition to filing an objection or               be amended by establishing tolerances
                                            and the telephone number for the OPP                    hearing request with the Hearing Clerk                for residues of the fungicide fludioxonil
                                            Docket is (703) 305–5805. Please review                 as described in 40 CFR part 178, please               in or on the rapeseed subgroup 20A,
                                            the visitor instructions and additional                 submit a copy of the filing (excluding                except flax seed at 0.01 ppm. That
                                            information about the docket available                  any Confidential Business Information                 document referenced a summary of the
                                            at http://www.epa.gov/dockets.                          (CBI)) for inclusion in the public docket.            petition prepared by Syngenta Crop
                                            FOR FURTHER INFORMATION CONTACT:                        Information not marked confidential                   Protection, the registrant, which is
                                            Susan Lewis, Registration Division                      pursuant to 40 CFR part 2 may be                      available in the docket, http://
                                            (7505P), Office of Pesticide Programs,                  disclosed publicly by EPA without prior               www.regulations.gov.
                                            Environmental Protection Agency, 1200                   notice. Submit the non-CBI copy of your                 Comments were received on the
                                            Pennsylvania Ave. NW., Washington,                      objection or hearing request, identified              notice of filing. EPA’s response to these
                                            DC 20460–0001; main telephone                           by docket ID number EPA–HQ–OPP–                       comments is discussed in Unit IV.C.
                                            number: (703) 305–7090; email address:                  2014–0496, by one of the following
                                                                                                    methods:                                              III. Aggregate Risk Assessment and
                                            RDFRNotices@epa.gov.
                                                                                                      • Federal eRulemaking Portal: http://               Determination of Safety
                                            SUPPLEMENTARY INFORMATION:
                                                                                                    www.regulations.gov. Follow the online                   Section 408(b)(2)(A)(i) of FFDCA
                                            I. General Information                                  instructions for submitting comments.                 allows EPA to establish a tolerance (the
                                                                                                    Do not submit electronically any                      legal limit for a pesticide chemical
                                            A. Does this action apply to me?                        information you consider to be CBI or                 residue in or on a food) only if EPA
                                               You may be potentially affected by                   other information whose disclosure is                 determines that the tolerance is ‘‘safe.’’
                                            this action if you are an agricultural                  restricted by statute.                                Section 408(b)(2)(A)(ii) of FFDCA
                                            producer, food manufacturer, or                           • Mail: OPP Docket, Environmental
                                                                                                                                                          defines ‘‘safe’’ to mean that ‘‘there is a
                                            pesticide manufacturer. The following                   Protection Agency Docket Center (EPA/
                                                                                                                                                          reasonable certainty that no harm will
                                            list of North American Industrial                       DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                                                                          result from aggregate exposure to the
                                            Classification System (NAICS) codes is                  NW., Washington, DC 20460–0001.
                                                                                                                                                          pesticide chemical residue, including
                                            not intended to be exhaustive, but rather                 • Hand Delivery: To make special
                                                                                                                                                          all anticipated dietary exposures and all
                                            provides a guide to help readers                        arrangements for hand delivery or
                                                                                                                                                          other exposures for which there is
                                            determine whether this document                         delivery of boxed information, please
                                                                                                                                                          reliable information.’’ This includes
                                            applies to them. Potentially affected                   follow the instructions at http://
                                                                                                                                                          exposure through drinking water and in
                                            entities may include:                                   www.epa.gov/dockets/contacts.html.
                                                                                                                                                          residential settings, but does not include
                                               • Crop production (NAICS code 111).                    Additional instructions on
                                                                                                                                                          occupational exposure. Section
                                               • Animal production (NAICS code                      commenting or visiting the docket,
                                                                                                    along with more information about                     408(b)(2)(C) of FFDCA requires EPA to
                                            112).
                                               • Food manufacturing (NAICS code                     dockets generally, is available at http://            give special consideration to exposure
                                            311).                                                   www.epa.gov/dockets.                                  of infants and children to the pesticide
                                               • Pesticide manufacturing (NAICS                                                                           chemical residue in establishing a
                                                                                                    II. Summary of Petitioned-For                         tolerance and to ‘‘ensure that there is a
                                            code 32532).
                                                                                                    Tolerance                                             reasonable certainty that no harm will
                                            B. How can I get electronic access to                      In the Federal Register of December                result to infants and children from
                                            other related information?                              17, 2014 (79 FR 75107) (FRL–9918–90),                 aggregate exposure to the pesticide
                                               You may access a frequently updated                  EPA issued a document pursuant to                     chemical residue. . . .’’
                                            electronic version of EPA’s tolerance                   FFDCA section 408(d)(3), 21 U.S.C.                       Consistent with FFDCA section
                                            regulations at 40 CFR part 180 through                  346a(d)(3), announcing the filing of a                408(b)(2)(D), and the factors specified in
                                            the Government Printing Office’s e-CFR                  pesticide petition (PP 4E8272) by IR–4,               FFDCA section 408(b)(2)(D), EPA has
                                            site at http://www.ecfr.gov/cgi-bin/text-               500 College Road East, Suite 201 W,                   reviewed the available scientific data
                                            idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                    Princeton, NJ 08540. The petition                     and other relevant information in
                                            40tab_02.tpl.                                           requested that 40 CFR part 180 be                     support of this action. EPA has
                                                                                                    amended by establishing tolerances for                sufficient data to assess the hazards of
                                            C. How can I file an objection or hearing               residues of the fungicide fludioxonil [4-             and to make a determination on
                                            request?                                                (2,2-difluoro-1,3-benzodioxol-4-yl)-1H-               aggregate exposure for fludioxonil
                                              Under FFDCA section 408(g), 21                        pyrrole-3-carbonitrile] in or on the raw              including exposure resulting from the
                                            U.S.C. 346a, any person may file an                     agricultural commodity carrot at 7.0                  tolerances established by this action.
                                            objection to any aspect of this regulation              ppm, and by changing the existing entry               EPA’s assessment of exposures and risks
                                            and may also request a hearing on those                 for ‘‘fruit, stone, group 12 at 5.0 ppm’’             associated with fludioxonil follows.
                                            objections. You must file your objection                to ‘‘fruit, stone, group 12–12 at 5.0                 A. Toxicological Profile
                                            or request a hearing on this regulation                 ppm.’’ That document referenced a
                                            in accordance with the instructions                     summary of the petition prepared by                     EPA has evaluated the available
                                            provided in 40 CFR part 178. To ensure                  Syngenta Crop Protection, the registrant,             toxicity data and considered its validity,
                                            proper receipt by EPA, you must                         which is available in the docket, http://             completeness, and reliability as well as
                                            identify docket ID number EPA–HQ–                       www.regulations.gov.                                  the relationship of the results of the
tkelley on DSK3SPTVN1PROD with RULES




                                            OPP–2014–0496 in the subject line on                       In the Federal Register of October 24,             studies to human risk. EPA has also
                                            the first page of your submission. All                  2014 (79 FR 63594) (FRL–9916–03),                     considered available information
                                            objections and requests for a hearing                   EPA issued a document pursuant to                     concerning the variability of the
                                            must be in writing, and must be                         FFDCA section 408(d)(3), 21 U.S.C.                    sensitivities of major identifiable
                                            received by the Hearing Clerk on or                     346a(d)(3), announcing the filing of a                subgroups of consumers, including
                                            before October 13, 2015. Addresses for                  pesticide petition (PP 4F8277) by                     infants and children.


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                                                               Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations                                               48745

                                               In all species tested, the effects in the             individual tumor types). The pairwise                  observed (the NOAEL) and the lowest
                                            fludioxonil database are indicative of                   increase for combined tumors was                       dose at which adverse effects of concern
                                            toxicity to the liver and kidney. The                    significant at p=0.03, which is not a                  are identified (the LOAEL). Uncertainty/
                                            hematopoietic system was also a target                   strong indication of a positive effect.                safety factors are used in conjunction
                                            in dogs. There were also decreased body                  Further, statistical significance was only             with the POD to calculate a safe
                                            weights and clinical signs throughout                    found when liver adenomas were                         exposure level—generally referred to as
                                            the database. Fludioxonil was non-toxic                  combined with liver carcinomas.                        a population-adjusted dose (PAD) or a
                                            through the dermal route, and there was                  Finally, the increase in these tumors                  reference dose (RfD)—and a safe margin
                                            no evidence of immunotoxicity when                       was within, but at the high-end, of the                of exposure (MOE). For non-threshold
                                            tested up to and including the limit                     historical controls. Based on these                    risks, the Agency assumes that any
                                            dose. Fludioxonil was not mutagenic in                   findings and in accordance with the                    amount of exposure will lead to some
                                            the tests for gene mutations.                            Agency’s 1986 ‘‘Guidelines for                         degree of risk. Thus, the Agency
                                               In a rat developmental toxicity study,                Carcinogen Risk Assessment,’’                          estimates risk in terms of the probability
                                            fludioxonil caused an increase in fetal                  fludioxonil was classified as a Group D                of an occurrence of the adverse effect
                                            incidence and litter incidence of dilated                carcinogen; therefore, there is no need                expected in a lifetime. For more
                                            renal pelvis at the limit dose (1,000 mg/                for a quantitative cancer risk                         information on the general principles
                                            kg/day). These effects are known to                      assessment.                                            EPA uses in risk characterization and a
                                            occur spontaneously in the rat, in                          Specific information on the studies                 complete description of the risk
                                            addition to being transient and                          received and the nature of the adverse                 assessment process, see http://
                                            reversible which is consistent with the                  effects caused by fludioxonil as well as               www.epa.gov/pesticides/factsheets/
                                            fludioxonil hazard database (not seen in                 the no-observed-adverse-effect-level                   riskassess.htm.
                                            offspring in the 2-generation                            (NOAEL) and the lowest-observed-
                                                                                                     adverse-effect-level (LOAEL) from the                     A summary of the toxicological
                                            reproductive study). Under current                                                                              endpoints for fludioxonil used for
                                                                                                     toxicity studies can be found at http://
                                            policy, the agency considers                                                                                    human risk assessment is shown in
                                                                                                     www.regulations.gov in the document
                                            classification of these effects as                                                                              Table 1 of this unit. Since the last
                                                                                                     titled ‘‘Fludioxonil. Section 3
                                            treatment-related but conservative and                                                                          assessment in 2012, (August 15, 2012)
                                                                                                     Registration for Use on Carrots, Stone
                                            not indicative of increased fetal                                                                               (77 FR 48907) (FRL–9357–5), the
                                                                                                     Fruit, Group 12–12, and Rapeseed,
                                            susceptibility. Maternal toxicity                                                                               Agency has reevaluated the
                                                                                                     Subgroup 20A. Human Health Risk
                                            occurred at the same dose and                                                                                   toxicological endpoints. Based upon
                                                                                                     Assessment’’ at page 28 in docket ID
                                            manifested as body weight decrements.                                                                           current policy, it was determined that
                                                                                                     number EPA–HQ–OPP–2014–0496.
                                            In the 2-generation reproduction study,                                                                         an acute dietary assessment was no
                                            parental and offspring effects occurred                  B. Toxicological Points of Departure/                  longer necessary for fludioxonil. This
                                            at the same dose and consisted of                        Levels of Concern                                      decision was based upon the following
                                            decreased body weights in parental and                      Once a pesticide’s toxicological                    weight of evidence: (1) After re-
                                            offspring animals, as well as increased                  profile is determined, EPA identifies                  evaluation of the hazard database, it was
                                            clinical signs in parental animals.                      toxicological points of departure (POD)                determined that there were no effects
                                               There was no evidence of                              and levels of concern to use in                        that could be attributed to single dose
                                            carcinogenicity in male or female CD–1                   evaluating the risk posed by human                     and (2) the fetal effects in the
                                            mice and male Sprague-Dawley rats                        exposure to the pesticide. For hazards                 developmental rat study occurred only
                                            following dietary administration at                      that have a threshold below which there                at the limit dose (1,000 mg/kg/day).
                                            doses that were adequate for assessing                   is no appreciable risk, the toxicological              Additionally, though the same study is
                                            the carcinogenic potential of                            POD is used as the basis for derivation                being used to assess chronic dietary
                                            fludioxonil. In female Sprague-Dawley                    of reference values for risk assessment.               risk, the NOAEL and LOAEL have been
                                            rats, there was a statistically significant              PODs are developed based on a careful                  reclassified. Further, the remaining
                                            increase in tumor incidence only when                    analysis of the doses in each                          endpoints for short-term incidental oral
                                            hepatocellular adenomas and                              toxicological study to determine the                   toxicity and short-term inhalation
                                            carcinomas were combined (not for                        dose at which no adverse effects are                   toxicity have changed as well.

                                               TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR FLUDIOXONIL FOR USE IN HUMAN HEALTH RISK
                                                                                         ASSESSMENT
                                                                                   Point of departure and              RfD, PAD, LOC for risk
                                                  Exposure/scenario                                                                                             Study and toxicological effects
                                                                                  uncertainty/safety factors                assessment

                                            Acute dietary (General pop-       There were no appropriate toxicological effects attributable to a single exposure (dose) observed in available oral
                                              ulation including infants           toxicity studies, including maternal toxicity in the developmental toxicity studies. Therefore, a dose and end-
                                              and children).                      point were not identified for this risk assessment.

                                            Chronic dietary (All popu-        NOAEL= 33.1 mg/kg/day                 Chronic RfD = 0.33 mg/kg/       Chronic toxicity in dogs—
                                              lations).                        UFA = 10x.                             day.                          LOAEL = 297.8 mg/kg/day based upon decreased ab-
                                                                              UFH = 10x .........................   cPAD = 0.33 mg/kg/day ....        solute body weights, increased platelets and fibrin in
                                                                              FQPA SF = 1x                                                            both sexes, cholesterol in males, and increased al-
                                                                                                                                                      kaline phosphatase release in both sexes. Enlarged
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                                                                                                                                                      livers in two females were observed along with bil-
                                                                                                                                                      iary epithelial cell proliferation in one female.




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                                            48746              Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations

                                               TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR FLUDIOXONIL FOR USE IN HUMAN HEALTH RISK
                                                                                   ASSESSMENT—Continued
                                                                                   Point of departure and             RfD, PAD, LOC for risk
                                                  Exposure/scenario                                                                                            Study and toxicological effects
                                                                                  uncertainty/safety factors               assessment

                                            Incidental oral short-term (1     NOAEL= 50 mg/kg/day                LOC for MOE = 100 ..........      Subchronic toxicity in dogs—
                                              to 30 days).                     UFA = 10x.                                                          LOAEL = 250 mg/kg/day based upon decreased abso-
                                                                              UFH = 10x                                                              lute body weights in both sexes, diarrhea,
                                                                              FQPA SF = 1x                                                           hematological alterations (increased platelets and
                                                                                                                                                     fibrin, decreased red cells, hemoglobin, and packed
                                                                                                                                                     cell volume), clinical chemistry alterations (increased
                                                                                                                                                     alpha-1 and alpha-2 globulin in females), increased
                                                                                                                                                     liver weights in both sexes, increased testes and
                                                                                                                                                     ovary weights, and an increased severity (but not in-
                                                                                                                                                     cidence) of bile duct proliferation.
                                            Inhalation short-term (1 to       Oral study NOAEL= 50               LOC for MOE = 100 ..........      Subchronic toxicity in dogs—
                                              30 days).                         mg/kg/day (inhalation                                              LOAEL = 250 mg/kg/day based upon decreased abso-
                                                                                absorption rate = 100%).                                             lute body weights in both sexes, diarrhea,
                                                                              UFA = 10x                                                              hematological alterations (increased platelets and
                                                                              UFH = 10x                                                              fibrin, decreased red cells, hemoglobin, and packed
                                                                              FQPA SF = 1x                                                           cell volume), clinical chemistry alterations (increased
                                                                                                                                                     alpha-1 and alpha-2 globulin in females), increased
                                                                                                                                                     liver weights in both sexes, increased testes and
                                                                                                                                                     ovary weights, and an increased severity (but not in-
                                                                                                                                                     cidence) of bile duct proliferation.

                                            Cancer (Oral, dermal, inha-       Classified as a Group D carcinogen; no cancer assessment is necessary.
                                              lation).
                                              FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day =
                                            milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c =
                                            chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in
                                            sensitivity among members of the human population (intraspecies).


                                            C. Exposure Assessment                                     iii. Cancer. Based on the data                         Modeled estimates of drinking water
                                                                                                    summarized in Unit III.A., EPA has                     concentrations were directly entered
                                               1. Dietary exposure from food and                    classified fludioxonil as a group D                    into the dietary exposure model. For the
                                            feed uses. In evaluating dietary                        carcinogen. Therefore, a dietary                       chronic dietary risk assessment, the
                                            exposure to fludioxonil, EPA considered                 exposure assessment for the purpose of                 water concentration of value 38.5 ppb
                                            exposure under the petitioned-for                       assessing cancer risk is unnecessary.                  was used to assess the contribution to
                                            tolerances as well as all existing
                                                                                                       iv. Anticipated residue and PCT                     drinking water.
                                            fludioxonil tolerances in 40 CFR
                                                                                                    information. EPA did not use                              3. From non-dietary exposure. The
                                            180.516. EPA assessed dietary
                                                                                                    anticipated residue or PCT information                 term ‘‘residential exposure’’ is used in
                                            exposures from fludioxonil in food as
                                                                                                    in the dietary assessment for                          this document to refer to non-
                                            follows:
                                                                                                    fludioxonil. Tolerance-level residues                  occupational, non-dietary exposure
                                               i. Acute exposure. Quantitative acute                and 100 PCT were assumed for all food
                                            dietary exposure and risk assessments                                                                          (e.g., for lawn and garden pest control,
                                                                                                    commodities.
                                            are performed for a food-use pesticide,                                                                        indoor pest control, termiticides, and
                                                                                                       2. Dietary exposure from drinking                   flea and tick control on pets).
                                            if a toxicological study has indicated the              water. The Agency used screening level
                                            possibility of an effect of concern                     water exposure models in the dietary                      Fludioxonil is currently registered for
                                            occurring as a result of a 1-day or single              exposure analysis and risk assessment                  the following uses that could result in
                                            exposure.                                               for fludioxonil in drinking water. These               residential exposures: parks, golf
                                               No such effects were identified in the               simulation models take into account                    courses, athletic fields, residential
                                            toxicological studies for fludioxonil;                  data on the physical, chemical, and fate/              lawns, ornamentals, and greenhouses.
                                            therefore, a quantitative acute dietary                 transport characteristics of fludioxonil.              To assess residential handler exposure,
                                            exposure assessment is unnecessary.                     Further information regarding EPA                      the Agency used the short-term
                                               ii. Chronic exposure. In conducting                  drinking water models used in pesticide                inhalation exposure to adults from
                                            the chronic dietary exposure assessment                 exposure assessment can be found at                    mixing/loading/applying a wettable
                                            EPA used the food consumption data                      http://www.epa.gov/oppefed1/models/                    powder in water-soluble packaging with
                                            from the U.S. Department of                             water/index.htm.                                       hose end sprayer (both for turf and
                                            Agriculture’s (USDA’s) National Health                     Based on the Pesticide Root Zone                    gardens). To assess post-application
                                            and Nutrition Examination Survey,                       Model/Exposure Analysis Modeling                       exposure, the Agency used short-term
                                            What We Eat in America, (NHANES/                        System (PRZM/EXAMS) and Screening                      incidental oral exposures (hand-to-
                                            WWEIA). As to residue levels in food,                   Concentration in Ground Water (SCI–                    mouth) to children 1<2 years old from
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                                            an unrefined chronic dietary exposure                   GROW) models, the estimated drinking                   exposure to outdoor treated turf. Further
                                            and risk assessment was performed                       water concentrations (EDWCs) of                        information regarding EPA standard
                                            assuming tolerance-level residues, 100                  fludioxonil for chronic exposures are                  assumptions and generic inputs for
                                            percent crop treated (PCT) estimates,                   estimated to be 38.5 parts per billion                 residential exposures may be found at
                                            and DEEM (ver. 7.81) default processing                 (ppb) for surface water and 0.2 ppb for                http://www.epa.gov/pesticides/trac/
                                            factors.                                                ground water.                                          science/trac6a05.pdf.


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                                                               Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations                                        48747

                                               4. Cumulative effects from substances                   3. Conclusion. EPA has determined                  selected. Therefore, fludioxonil is not
                                            with a common mechanism of toxicity.                    that reliable data show the safety of                 expected to pose an acute risk.
                                            Section 408(b)(2)(D)(v) of FFDCA                        infants and children would be                            2. Chronic risk. Using the exposure
                                            requires that, when considering whether                 adequately protected if the FQPA SF                   assumptions described in this unit for
                                            to establish, modify, or revoke a                       were reduced to 1X. That decision is                  chronic exposure, EPA has concluded
                                            tolerance, the Agency consider                          based on the following findings:                      that chronic exposure to fludioxonil
                                            ‘‘available information’’ concerning the                   i. The toxicity database for fludioxonil           from food and water will utilize 71% of
                                            cumulative effects of a particular                      is complete.                                          the cPAD for children 1–2 years old, the
                                            pesticide’s residues and ‘‘other                           ii. The only potential indicator of                population group receiving the greatest
                                            substances that have a common                           neurotoxicity for fludioxonil was                     exposure. Based on the explanation in
                                            mechanism of toxicity.’’                                convulsions in mice following handling                Unit III.C.3., regarding residential use
                                               EPA has not found fludioxonil to                     in the mouse carcinogenicity study at                 patterns, chronic residential exposure to
                                            share a common mechanism of toxicity                    the mid- and high-doses. The concern is               residues of fludioxonil is not expected.
                                            with any other substances, and                          low however since there was no                           3. Short-term risk. Short-term
                                            fludioxonil does not appear to produce                  supportive neuropathology, the effect                 aggregate exposure takes into account
                                            a toxic metabolite produced by other                    was not seen at similar doses in a                    short-term residential exposure plus
                                            substances. For the purposes of this                    second mouse carcinogenicity study,                   chronic exposure to food and water
                                            tolerance action, therefore, EPA has                    there were no other signs of potential                (considered to be a background
                                            assumed that fludioxonil does not have                  neurotoxicity observed in the database,               exposure level).
                                            a common mechanism of toxicity with                     and selected endpoints are protective of                 Fludioxonil is currently registered for
                                            other substances. For information                       the effect seen in mice. Therefore, there             uses that could result in short-term
                                            regarding EPA’s efforts to determine                    is no residual uncertainty concerning                 residential exposure, and the Agency
                                            which chemicals have a common                           neurotoxicity and no need to retain the               has determined that it is appropriate to
                                            mechanism of toxicity and to evaluate                   FQPA 10X safety factor.                               aggregate chronic exposure through food
                                            the cumulative effects of such                             iii. There is no evidence that                     and water with short-term residential
                                            chemicals, see EPA’s Web site at                        fludioxonil results in increased                      exposures to fludioxonil.
                                            http://www.epa.gov/pesticides/                          susceptibility in in utero rats or rabbits               Using the exposure assumptions
                                            cumulative.                                             in the prenatal developmental studies or              described in this unit for short-term
                                                                                                    in young rats in the 2-generation                     exposures, EPA has concluded the
                                            D. Safety Factor for Infants and                        reproduction study.                                   combined short-term food, water, and
                                            Children                                                   iv. There are no residual uncertainties            residential exposures result in aggregate
                                              1. In general. Section 408(b)(2)(C) of                identified in the exposure databases.                 MOEs of 81,000 for adults and 4,800 for
                                            FFDCA provides that EPA shall apply                     The dietary food exposure assessments                 children 1–2 years old. Because EPA’s
                                            an additional tenfold (10X) margin of                   were performed based on 100 PCT and                   level of concern for fludioxonil is a
                                            safety for infants and children in the                  tolerance-level residues. EPA made                    MOE of 100 or below, these MOEs are
                                            case of threshold effects to account for                conservative (protective) assumptions in              not of concern.
                                            prenatal and postnatal toxicity and the                 the ground and surface water modeling                    4. Intermediate-term risk.
                                            completeness of the database on toxicity                used to assess exposure to fludioxonil in             Intermediate-term aggregate exposure
                                            and exposure unless EPA determines                      drinking water. EPA used similarly                    takes into account intermediate-term
                                            based on reliable data that a different                 conservative assumptions to assess post-              residential exposure plus chronic
                                            margin of safety will be safe for infants               application exposure of children as well              exposure to food and water (considered
                                            and children. This additional margin of                 as incidental oral exposure of toddlers.              to be a background exposure level).
                                            safety is commonly referred to as the                   These assessments will not                               An intermediate-term adverse effect
                                            FQPA Safety Factor (SF). In applying                    underestimate the exposure and risks                  was identified; however, fludioxonil is
                                            this provision, EPA either retains the                  posed by fludioxonil.                                 not registered for any use patterns that
                                            default value of 10X, or uses a different                                                                     would result in intermediate-term
                                            additional safety factor when reliable                  E. Aggregate Risks and Determination of               residential exposure. Intermediate-term
                                            data available to EPA support the choice                Safety                                                risk is assessed based on intermediate-
                                            of a different factor.                                     EPA determines whether acute and                   term residential exposure plus chronic
                                              2. Prenatal and postnatal sensitivity.                chronic dietary pesticide exposures are               dietary exposure. Because there is no
                                            There was no quantitative or qualitative                safe by comparing aggregate exposure                  intermediate-term residential exposure
                                            evidence of increased susceptibility                    estimates to the acute PAD (aPAD) and                 and chronic dietary exposure has
                                            following in utero exposure to rats and                 chronic PAD (cPAD). For linear cancer                 already been assessed under the
                                            rabbits or following pre-/postnatal                     risks, EPA calculates the lifetime                    appropriately protective cPAD (which is
                                            exposure. In a rat developmental                        probability of acquiring cancer given the             at least as protective as the POD used to
                                            toxicity study, fludioxonil caused an                   estimated aggregate exposure. Short-,                 assess intermediate-term risk), no
                                            increase in fetal incidence and litter                  intermediate-, and chronic-term risks                 further assessment of intermediate-term
                                            incidence of dilated renal pelvis at the                are evaluated by comparing the                        risk is necessary, and EPA relies on the
                                            limit dose (1,000 mg/kg/day). Maternal                  estimated aggregate food, water, and                  chronic dietary risk assessment for
                                            toxicity occurred at the same dose and                  residential exposure to the appropriate               evaluating intermediate-term risk for
                                            manifested as body weight decrements.                   PODs to ensure that an adequate MOE                   fludioxonil.
                                            Fludioxonil was not developmentally                     exists.                                                  5. Aggregate cancer risk for U.S.
                                            toxic in rabbits. In the 2-generation                      1. Acute risk. An acute aggregate risk             population. Based on the discussion
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                                            reproduction study, parental and                        assessment takes into account acute                   contained in Unit III.A., fludioxonil is
                                            offspring effects occurred at the same                  exposure estimates from dietary                       not expected to pose a cancer risk to
                                            dose and consisted of decreased body                    consumption of food and drinking                      humans.
                                            weights in parental and offspring                       water. No adverse effect resulting from                  6. Determination of safety. Based on
                                            animals, as well as increased clinical                  a single oral exposure was identified                 these risk assessments, EPA concludes
                                            signs in parental animals.                              and no acute dietary endpoint was                     that there is a reasonable certainty that


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                                            48748              Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations

                                            no harm will result to the general                         The Codex has established an MRL for               response to a petition submitted to the
                                            population, or to infants and children                  fludioxonil in or on rape seed at 0.02                Agency. The Office of Management and
                                            from aggregate exposure to fludioxonil                  ppm. This MRL is different than the                   Budget (OMB) has exempted these types
                                            residues.                                               0.01 ppm tolerance established for                    of actions from review under Executive
                                                                                                    fludioxonil on the rapeseed subgroup                  Order 12866, entitled ‘‘Regulatory
                                            IV. Other Considerations                                20A in the U.S., which is aligned with                Planning and Review’’ (58 FR 51735,
                                            A. Analytical Enforcement Methodology                   the existing Canadian MRL on rapeseed.                October 4, 1993). Because this action
                                                                                                    In their petition, Syngenta requested to              has been exempted from review under
                                               Adequate high-performance liquid
                                                                                                    remain aligned with Canada at 0.01 ppm                Executive Order 12866, this action is
                                            chromatography/ultraviolet (HPLC/UV)
                                                                                                    for rapeseed in order to prevent NAFTA                not subject to Executive Order 13211,
                                            methods (Methods AG–597 and AG–
                                                                                                    trade barriers.                                       entitled ‘‘Actions Concerning
                                            597B) are available for enforcing
                                                                                                                                                          Regulations That Significantly Affect
                                            tolerances for fludioxonil on plant                     C. Response to Comments
                                                                                                                                                          Energy Supply, Distribution, or Use’’ (66
                                            commodities. An adequate liquid                            Several comments were received in                  FR 28355, May 22, 2001) or Executive
                                            chromatography, tandem mass                             response to the Notice of Filing                      Order 13045, entitled ‘‘Protection of
                                            spectrometry (LC–MS/MS) method                          regarding adverse impacts to bees but                 Children from Environmental Health
                                            (Analytical Method GRM025.03A) is                       did not reference any specific active                 Risks and Safety Risks’’ (62 FR 19885,
                                            available for enforcing tolerances for                  ingredient. The commenters by and                     April 23, 1997). This action does not
                                            residues of fludioxonil in or on                        large stated this action should be denied             contain any information collections
                                            livestock commodities.                                  due to toxicity to bees and that all use              subject to OMB approval under the
                                               The methods may be requested from:                   of chemicals should be stopped. The                   Paperwork Reduction Act (PRA) (44
                                            Chief, Analytical Chemistry Branch,                     comments primarily appear directed to                 U.S.C. 3501 et seq.), nor does it require
                                            Environmental Science Center, 701                       the registration of the pesticide under               any special considerations under
                                            Mapes Rd., Ft. Meade, MD 20755–5350;                    the Federal Insecticide, Fungicide, and               Executive Order 12898, entitled
                                            telephone number: (410) 305–2905;                       Rodenticide Act (FIFRA). One comment                  ‘‘Federal Actions to Address
                                            email address: residuemethods@                          referenced the establishment of a                     Environmental Justice in Minority
                                            epa.gov.                                                tolerance for an unnamed Syngenta                     Populations and Low-Income
                                            B. International Residue Limits                         pesticide, so to the extent that comment              Populations’’ (59 FR 7629, February 16,
                                                                                                    is directed at the present tolerance                  1994).
                                               In making its tolerance decisions, EPA               action, the Agency understands the                       Since tolerances and exemptions that
                                            seeks to harmonize U.S. tolerances with                 commenters’ concerns and recognizes                   are established on the basis of a petition
                                            international standards whenever                        that some individuals believe that                    under FFDCA section 408(d), such as
                                            possible, consistent with U.S. food                     pesticides should be banned on                        the tolerances in this final rule, do not
                                            safety standards and agricultural                       agricultural crops. However, the existing             require the issuance of a proposed rule,
                                            practices. EPA considers the                            legal framework provided by section                   the requirements of the Regulatory
                                            international maximum residue limits                    408 of the Federal Food, Drug and                     Flexibility Act (RFA) (5 U.S.C. 601 et
                                            (MRLs) established by the Codex                         Cosmetic Act (FFDCA) states that                      seq.), do not apply.
                                            Alimentarius Commission (Codex), as                     tolerances may be set when persons                       This action directly regulates growers,
                                            required by FFDCA section 408(b)(4).                    seeking such tolerances or exemptions                 food processors, food handlers, and food
                                            The Codex Alimentarius is a joint                       have demonstrated that the pesticide                  retailers, not States or tribes, nor does
                                            United Nations Food and Agriculture                     meets the safety standard imposed by                  this action alter the relationships or
                                            Organization/World Health                               that statute. The comment appears to be               distribution of power and
                                            Organization food standards program,                    directed at the underlying statute and                responsibilities established by Congress
                                            and it is recognized as an international                not EPA’s implementation of it; no                    in the preemption provisions of FFDCA
                                            food safety standards-setting                           contentions have been made that EPA                   section 408(n)(4). As such, the Agency
                                            organization in trade agreements to                     has acted in violation of the statutory               has determined that this action will not
                                            which the United States is a party. EPA                 framework. As to bees the EPA                         have a substantial direct effect on States
                                            may establish a tolerance that is                       considers impacts to the environment                  or tribal governments, on the
                                            different from a Codex MRL; however,                    and non-target species under the                      relationship between the national
                                            FFDCA section 408(b)(4) requires that                   authority of the (FIFRA).                             government and the States or tribal
                                            EPA explain the reasons for departing                                                                         governments, or on the distribution of
                                            from the Codex level.                                   V. Conclusion                                         power and responsibilities among the
                                               The Codex has established MRLs for                      Therefore, tolerances are established              various levels of government or between
                                            fludioxonil in or on multiple stone fruit               for residues of fludioxonil, (4-(2,2-                 the Federal Government and Indian
                                            commodities (peaches, apricots, etc.) at                difluoro-1,3-benzodioxol-4-yl)-1 H-                   tribes. Thus, the Agency has determined
                                            5.0 ppm. These MRLs are the same as                     pyrrole-3-carbonitrile), in or on carrots             that Executive Order 13132, entitled
                                            the tolerances established for                          at 7.0 ppm; fruit, stone, group 12–12 at              ‘‘Federalism’’ (64 FR 43255, August 10,
                                            fludioxonil in the United States.                       5.0 ppm; and the rapeseed subgroup                    1999) and Executive Order 13175,
                                               The Codex has established an MRL for                 20A, except flax seed at 0.01 ppm. In                 entitled ‘‘Consultation and Coordination
                                            fludioxonil in or on carrot roots at 0.7                addition, upon establishment of these                 with Indian Tribal Governments’’ (65 FR
                                            ppm. This MRL is different than the                     tolerances, the existing tolerance for                67249, November 9, 2000) do not apply
                                            tolerance established for fludioxonil in                rapeseed, seed is removed as                          to this action. In addition, this action
                                            the United States because it is based on                unnecessary since it is part of the                   does not impose any enforceable duty or
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                                            a foliar use, whereas the U.S. use is                   rapeseed subgroup 20A.                                contain any unfunded mandate as
                                            based on a post-harvest use.                                                                                  described under Title II of the Unfunded
                                            Harmonization with the Codex MRL is                     VI. Statutory and Executive Order                     Mandates Reform Act (UMRA) (2 U.S.C.
                                            likely to result in tolerance exceedances               Reviews                                               1501 et seq.).
                                            when fludioxonil is applied to carrots in                 This action establishes tolerances                     This action does not involve any
                                            accordance with the label.                              under FFDCA section 408(d) in                         technical standards that would require


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                                                               Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations                                          48749

                                            Agency consideration of voluntary                                                                 Parts per    information about the docket available
                                                                                                               Commodity
                                            consensus standards pursuant to section                                                            million     at http://www.epa.gov/dockets.
                                            12(d) of the National Technology                                                                               FOR FURTHER INFORMATION CONTACT:
                                            Transfer and Advancement Act                                                                                   Susan Lewis, Registration Division
                                            (NTTAA) (15 U.S.C. 272 note).                           *          *           *          *           *
                                                                                                                                                           (7505P), Office of Pesticide Programs,
                                            VII. Congressional Review Act                                                                                  Environmental Protection Agency, 1200
                                                                                                    *      *       *      *       *                        Pennsylvania Ave. NW., Washington,
                                              Pursuant to the Congressional Review                                                                         DC 20460–0001; main telephone
                                                                                                    [FR Doc. 2015–20019 Filed 8–13–15; 8:45 am]
                                            Act (5 U.S.C. 801 et seq.), EPA will                                                                           number: (703) 305–7090; email address:
                                                                                                    BILLING CODE 6560–50–P
                                            submit a report containing this rule and                                                                       RDFRNotices@epa.gov.
                                            other required information to the U.S.                                                                         SUPPLEMENTARY INFORMATION:
                                            Senate, the U.S. House of                               ENVIRONMENTAL PROTECTION
                                            Representatives, and the Comptroller                                                                           I. General Information
                                                                                                    AGENCY
                                            General of the United States prior to                                                                          A. Does this action apply to me?
                                            publication of the rule in the Federal                  40 CFR Part 180
                                            Register. This action is not a ‘‘major                                                                            You may be potentially affected by
                                            rule’’ as defined by 5 U.S.C. 804(2).                   [EPA–HQ–OPP–2014–0793; FRL–9930–20]                    this action if you are an agricultural
                                                                                                                                                           producer, food manufacturer, or
                                            List of Subjects in 40 CFR Part 180                     Acetic Acid; Exemption From the                        pesticide manufacturer. The following
                                              Environmental protection,                             Requirement of a Tolerance                             list of North American Industrial
                                            Administrative practice and procedure,                  AGENCY:  Environmental Protection                      Classification System (NAICS) codes is
                                            Agricultural commodities, Pesticides                    Agency (EPA).                                          not intended to be exhaustive, but rather
                                            and pests, Reporting and recordkeeping                  ACTION: Final rule.
                                                                                                                                                           provides a guide to help readers
                                            requirements.                                                                                                  determine whether this document
                                              Dated: August 6, 2015.                                SUMMARY:     This regulation amends the                applies to them. Potentially affected
                                                                                                      exemption from the requirement of a                  entities may include:
                                            Susan Lewis,
                                                                                                      tolerance for residues of acetic acid                   • Crop production (NAICS code 111).
                                            Director, Registration Division, Office of                                                                        • Animal production (NAICS code
                                            Pesticide Programs.                                       (CAS Reg. No. 64–19–7) when used as
                                                                                                      an inert ingredient in antimicrobial                 112).
                                               Therefore, 40 CFR chapter I is                                                                                 • Food manufacturing (NAICS code
                                            amended as follows:                                       pesticide formulations used on dairy
                                                                                                      and food-processing equipment and                    311).
                                                                                                      utensils, to allow for a limitation of                  • Pesticide manufacturing (NAICS
                                            PART 180—[AMENDED]
                                                                                                      1200 ppm. Technology Sciences Group,                 code 32532).
                                            ■ 1. The authority citation for part 180                  Inc. on behalf of West Agro, Inc.                    B. How can I get electronic access to
                                            continues to read as follows:                             submitted a petition to EPA under the                other related information?
                                               Authority: 21 U.S.C. 321(q), 346a and 371.             Federal Food, Drug, and Cosmetic Act
                                                                                                      (FFDCA), requesting an amendment to                    You may access a frequently updated
                                            ■ 2. In § 180.516:                                                                                             electronic version of 40 CFR part 180
                                                                                                      the existing exemption from the
                                            ■ a. Remove the entry in the table in                                                                          through the Government Printing
                                                                                                      requirement of a tolerance. This
                                            paragraph (a) for ‘‘Rapeseed, seed’’.                                                                          Office’s e-CFR site at http://
                                                                                                      regulation eliminates the need to
                                            ■ b. Add alphabetically the entries for                                                                        www.ecfr.gov/cgi-bin/text-
                                                                                                      establish a maximum permissible level
                                            ‘‘Carrots’’ and ‘‘Rapeseed subgroup 20A,                                                                       idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                                                                                      for residues of acetic acid.
                                            except flax seed’’ to the table in                                                                             40tab_02.tpl.
                                            paragraph (a).                                            DATES  : This regulation is effective
                                            ■ c. Revise the entry for ‘‘Fruit, stone,                 August 14, 2015. Objections and                      C. How can I file an objection or hearing
                                            group 12’’ to read ‘‘Fruit, stone, group                  requests for hearings must be received               request?
                                            12–12’’ in the table in paragraph (a).                    on or before October 13, 2015, and must                Under FFDCA section 408(g), 21
                                               The additions and revisions read as                    be filed in accordance with the                      U.S.C. 346a, any person may file an
                                            follows:                                                  instructions provided in 40 CFR part                 objection to any aspect of this regulation
                                                                                                      178 (see also Unit I.C. of the                       and may also request a hearing on those
                                            § 180.516 Fludioxonil; tolerances for                     SUPPLEMENTARY INFORMATION).                          objections. You must file your objection
                                            residues.
                                                                                                      ADDRESSES: The docket for this action,               or request a hearing on this regulation
                                               (a) * * *                                              identified by docket identification (ID)             in accordance with the instructions
                                               (1) * * *                                              number EPA–HQ–OPP–2014–0793, is                      provided in 40 CFR part 178. To ensure
                                                                                                      available at http://www.regulations.gov              proper receipt by EPA, you must
                                                                                        Parts per     or at the Office of Pesticide Programs
                                                       Commodity                         million                                                           identify docket ID number EPA–HQ–
                                                                                                      Regulatory Public Docket (OPP Docket)                OPP–2014–0793 in the subject line on
                                                                                                      in the Environmental Protection Agency               the first page of your submission. All
                                            *          *              *               *     *         Docket Center (EPA/DC), West William                 objections and requests for a hearing
                                                                                                      Jefferson Clinton Bldg., Rm. 3334, 1301              must be in writing, and must be
                                            Carrots ..................................            7.0 Constitution Ave. NW., Washington, DC                received by the Hearing Clerk on or
                                                                                                      20460–0001. The Public Reading Room                  before October 13, 2015. Addresses for
                                            *          *              *               *     *         is open from 8:30 a.m. to 4:30 p.m.,                 mail and hand delivery of objections
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                      Monday through Friday, excluding legal               and hearing requests are provided in 40
                                            Fruit, stone, group 12–12 .....                       5.0
                                                                                                      holidays. The telephone number for the               CFR 178.25(b).
                                            *          *              *               *     *         Public Reading Room is (202) 566–1744,                 In addition to filing an objection or
                                                                                                      and the telephone number for the OPP                 hearing request with the Hearing Clerk
                                            Rapeseed subgroup 20A, ex-                                Docket is (703) 305–5805. Please review              as described in 40 CFR part 178, please
                                               cept flax seed ....................               0.01 the visitor instructions and additional              submit a copy of the filing (excluding


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Document Created: 2018-02-23 10:59:00
Document Modified: 2018-02-23 10:59:00
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 14, 2015. Objections and requests for hearings must be received on or before October 13, 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 48743 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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