80_FR_68987 80 FR 68772 - Acetamiprid; Pesticide Tolerances

80 FR 68772 - Acetamiprid; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 215 (November 6, 2015)

Page Range68772-68778
FR Document2015-28356

This regulation revises existing tolerances with regional restrictions for residues of acetamiprid in or on clover, forage and clover, hay. Interregional Research Project Number 4 (IR-4) requested this tolerance action under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 215 (Friday, November 6, 2015)
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68772-68778]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28356]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0740; FRL-9936-12]


Acetamiprid; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation revises existing tolerances with regional 
restrictions for residues of acetamiprid in or on clover, forage and 
clover, hay. Interregional Research Project Number 4 (IR-4) requested 
this tolerance action under the Federal Food, Drug, and Cosmetic Act 
(FFDCA).

DATES: This regulation is effective November 6, 2015. Objections and 
requests for hearings must be received on or before January 5, 2016, 
and must

[[Page 68773]]

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-2014-0740, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: [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-2014-0740 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 
January 5, 2016. 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-2014-0740, 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, 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 February 11, 2015 (80 FR 7559) (FRL-
9921-94), 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 
4E8307) by IR-4, IR-4 Project Headquarters, 500 College Road East, 
Suite 201 W., Princeton, NJ 08540. The petition requested that 40 CFR 
180.578 be amended by revising (increasing) tolerances for residues of 
the insecticide, acetamiprid (1E)-N-[(6-chloro-3-pyridinyl)methyl]-N'-
cyano-N-methylethanimidamide, including its metabolites and degradates, 
in or on clover, forage from 0.10 to 0.3 parts per million (ppm) and 
clover, hay from 0.01 to 1.5 ppm. That document referenced a summary of 
the petition prepared by Nisso America Incorporated, the registrant, 
which is available in the docket, http://www.regulations.gov. A comment 
was received on the notice of filing. EPA's response to this comment is 
discussed in Unit IV.C.
    Based upon review of the data supporting the petition, EPA has 
modified the tolerance for clover, hay from what was requested. The 
reason for this change is explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

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

[[Page 68774]]

concerning the variability of the sensitivities of major identifiable 
subgroups of consumers, including infants and children.
    Acetamiprid is moderately toxic in acute lethality studies via the 
oral route of exposure and is minimally toxic via the dermal and 
inhalation routes of exposure. It is not an eye or skin irritant, nor 
is it a dermal sensitizer. Acetamiprid does not appear to have specific 
target organ toxicity. Generalized toxicity was observed as decreases 
in body weight, body weight gain, food consumption and food efficiency 
in all species tested. Generalized liver effects were also observed in 
mice and rats (hepatocellular vacuolation in rats and hepatocellular 
hypertrophy in mice and rats); the effects were considered to be 
adaptive. Other effects observed in the oral studies include 
amyloidosis of multiple organs in the mouse oncogenicity study, tremors 
in high dose females in the mouse subchronic study, and 
microconcretions in the kidney papilla and mammary hyperplasia in the 
rat chronic/oncogenicity study. No effects were observed in a dermal 
toxicity study in rabbits.
    In the rat developmental study, fetal shortening of the 13th rib 
was observed in fetuses at the same dose level that produced maternal 
effects (reduced body weight and body weight gain and increased liver 
weights). In the developmental rabbit study, no developmental effects 
were observed in fetuses at doses that reduced maternal body weight and 
food consumption. In the reproduction study, decreased body weight, 
body weight gain, and food consumption were observed in parental 
animals while significant reductions in pup weights were seen in the 
offspring in both generations. Also observed were reductions in litter 
size, and viability and weaning indices among F2 offspring 
as well as significant delays in the age to attain vaginal opening and 
preputial separation. In the developmental neurotoxicity study, 
parental effects were limited to decreased body weight and body weight 
gains, while the offspring effects noted were decreased body weights 
and body weight gains, decreased pre-weaning survival, and decreased 
maximum auditory startle response. In the acute neurotoxicity study, 
male and female rats displayed decreased motor activity, tremors, 
walking and posture abnormalities, dilated pupils, coldness to the 
touch and decreased grip strength and foot splay at the highest dose 
tested (HDT). There were clinical signs (decreases auditory startle, 
tremors) noted in rats and mice in the developmental neurotoxicity 
(DNT) and subchronic mouse studies. However, no neurotoxic effects were 
seen in the subchronic neurotoxicity study in rats. No neuropathology 
was observed in the toxicology studies.
    In immunotoxicity studies performed in both sexes of rats and mice, 
no effects on the immune system were observed up to the highest dose, 
although significant reductions in body weight and body weight gain 
were noted at that dose.
    Based on acceptable carcinogenicity studies in rats and mice, EPA 
has determined that acetamiprid is ``not likely to be carcinogenic to 
humans.'' The classification is based on (1) the absence of an increase 
in the incidence of tumors in a mouse carcinogenicity study; and (2) in 
a rat chronic/carcinogenicity study, the absence of a dose-response and 
the lack of a statistically significant increase in the mammary 
adenocarcinoma incidence by pair-wise comparison of the mid- and high- 
dose groups with the controls. There was no clear evidence of a 
mutagenic effect. Acetamiprid tested positive as a clastogen in an in 
vitro study but not in an in vivo study.
    Specific information on the studies received and the nature of the 
adverse effects caused by acetamiprid as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document, ``Subject: Acetamiprid. Human Health 
Risk Assessment. . . . .for Use of the Insecticide on Clover. . . . 
.Interval (Regional Registration)'' dated September 2, 2015 at pp. 42 
in docket ID number EPA-HQ-OPP-2014-0740.

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 the NOAEL and the LOAEL are identified. 
Uncertainty/safety factors are used in conjunction with the POD to 
calculate a safe exposure level--generally referred to as a 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 acetamiprid used for 
human risk assessment is discussed in Unit III of the final rule 
published in the Federal Register of June 19, 2013 (78 FR 36671) (FRL-
9391-2). However, in this tolerance rule, an additional new use is 
considered spot-on treatments for dogs. This newly proposed spot-on dog 
treatment to control fleas, ticks, and mosquitoes has potential for 
long-term exposure in residential indoor settings; therefore, the 
Agency selected additional endpoints and POD for the following 
exposure/scenarios: (1) Long-term (>6 months) incidental oral (hand-to-
mouth in children) and (2) Long-term (>6 months) dermal. The endpoints/
PODs selected were the same for both scenarios, based on effects 
observed in a rat chronic toxicity/oncogenicity study. In the study, at 
the LOAEL of 17.5 milligram/kilogram/day (mg/kg/day), decreased body 
weight and body weight gains were noted in females and hepatocellular 
vacuolation were noted in males. The NOAEL in the study is 7.1 mg/kg/
day. The level of concern (LOC) is 100, based on an interspecies 
uncertainty factor of 10X, an intra-species uncertainty factor of 10X, 
and an Food Quality Protection Act (FQPA) safety factor of 1X.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to acetamiprid, EPA considered exposure under the petitioned-
for tolerances as well as all existing acetamiprid tolerances in 40 CFR 
180.578. EPA assessed dietary exposures from acetamiprid in food as 
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a 1-day or single exposure.
    Such effects were identified for acetamiprid. In estimating acute 
dietary exposure, EPA used the Dietary Exposure Evaluation Model 
software with the Food Commodity Intake

[[Page 68775]]

Database (DEEM-FCID), Version 3.16. This software uses 2003-2008 food 
consumption data from the US 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, EPA assumed 100 
percent crop treated (PCT) and tolerance-level residues in the 
assessment.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment, EPA used DEEM-FCID, Version 3.16 and food consumption data 
from the 2003-2008 USDA NHANES/WWEIA. As to residue levels in food, EPA 
assumed 100 PCT and tolerance-level residues in the assessment.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that acetamiprid does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk is unnecessary.
    iv. Anticipated residue and PCT information. EPA did not use 
anticipated residue and/or PCT information in the dietary assessment 
for acetamiprid. 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 acetamiprid in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of acetamiprid. 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.
    EPA used the Food Quality Protection Act Index Reservoir Screening 
Tool (FIRST) and the Provisional Cranberry Model to generate surface 
water Estimated Drinking Water Concentrations (EDWCs) for use in the 
human health dietary risk assessment, while the Pesticide Root Zone 
Model for Groundwater (PRZM-GW) was used to generate groundwater EDWCs. 
The EDWCs of acetamiprid for acute exposures are 88.3 parts per billion 
(ppb) for surface water and 49.7 ppb for ground water. For chronic 
exposures for non-cancer assessments are estimated to be 32.2 ppb for 
surface water and 45.0 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For acute dietary risk 
assessment, the water concentration value of 88.3 ppb was used to 
assess the contribution to drinking water. For chronic dietary risk 
assessment, the water concentration of value 45 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).
    Acetamiprid is currently registered for the following uses that 
could result in residential exposures: Controlling a wide variety of 
indoor and outdoor insect pests using insecticide traps, crack and 
crevice treatments, soil treatments, and sprays. There is also a 
proposal to register acetamiprid for use by homeowners and commercial 
applicators as a monthly topical spot-on product for dogs only (not 
cats) to provide continuous protection against fleas, ticks, and 
mosquitoes. Residential exposure from proposed dog spot-on product is 
anticipated to result in dermal exposures for adult handlers. In 
addition, residential post-application dermal exposures are expected 
for adults and children 1 to 2 years old, and incidental oral exposures 
for children 1 to 2 years old. Inhalation exposure from the use of the 
spot-on product is considered negligible. Therefore, only dermal and 
incidental oral exposure were assessed for the proposed product.
    Residential post-application exposures are expected to be short- (1 
to 30 days), intermediate- (1 to 6 months) for the indoor treatments, 
and long-term (greater than 6 months) in duration from pet spot-on 
products. Residential handler exposure is assumed to be short-term due 
to the intermittent nature of homeowner spot-on applications (once-
monthly treatment).
    EPA assessed all these uses and conducted an aggregate residential 
exposure using the following assumptions:
    Residential handler exposures: The Agency used short-term and 
intermediate-term dermal and inhalation exposure estimates to adult 
applicators from applications to mattresses, cracks and crevices in the 
aggregate risk assessment.
    Post-application exposures: The Agency used short-term and 
intermediate-term dermal and inhalation exposure estimates to adults 
and children 1 to 2 years old from indoor applications (mattress 
treatment and crack and crevice treatments) and long-term dermal 
exposure estimates to adults and children 1 to 2 years old from contact 
with spot-on treated pets. In addition, the Agency used short-term and 
intermediate-term hand-to-mouth exposure estimates to children 1-2 
years old from indoor applications and long-term hand-to-mouth exposure 
estimates from contact with spot-on treated pets.
    EPA combines risk values resulting from separate routes of exposure 
when it is likely they can occur simultaneously based on the use 
pattern and the behavior associated with the exposed population, and if 
the hazard associated with the PODs is similar across routes. 
Residential post-application inhalation exposure is expected to be 
negligible from the proposed spot-on product; therefore, a quantitative 
assessment was not performed.
    For children 1 to 2 years old, post-application dermal and 
incidental oral (hand-to-mouth) exposures were combined for short-, 
intermediate-, and long-term durations.
    Further information regarding EPA standard assumptions and generic 
inputs for residential exposures may be found at: http://www.epa.gov/pesticides/science/residential-exposure-sop.html.
    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 acetamiprid to share a common mechanism of 
toxicity with any other substances, and acetamiprid does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
acetamiprid 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

[[Page 68776]]

and children. This additional margin of safety is commonly referred to 
as the Food Quality Protection Act Safety Factor (FQPA SF). In applying 
this provision, EPA either retains the default value of 10X, or uses a 
different additional safety factor when reliable data available to EPA 
support the choice of a different factor.
    2. Prenatal and postnatal sensitivity. The pre- and post-natal 
toxicity databases for acetamiprid include developmental toxicity 
studies in the rat and rabbit, developmental neurotoxicity (DNT) study 
in rats and a 2-generation reproduction toxicity study in rats. There 
was no evidence of increased quantitative or qualitative susceptibility 
of rat or rabbit fetuses following in utero exposure to acetamiprid in 
the developmental toxicity studies. In the DNT and 2-generation 
reproduction studies there was no evidence of quantitative increased 
susceptibility observed. However, there was evidence of increased 
qualitative susceptibility of rat pups seen in the studies. In the DNT 
study in rats, although both maternal and offspring effects were seen 
at the same dose level, offspring animals were more severely affected. 
Decreased pre-weaning survival, and decreased maximum auditory startle 
response were observed in the presence of limited maternal toxicity 
(body weight effects). In the 2-generation reproduction study, effects 
observed were a decrease in mean body weight, body weight gain, and 
food consumption in the parental animals, and significant reductions in 
body weights in pups (both generations). Also, reduction in litter size 
and viability and weaning indices were seen among F2 
offspring, as well as significant delays in the age to attain vaginal 
opening and preputial separation. These offspring adverse effects were 
more severe than the parental effects.
    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 toxicology database for acetamiprid is complete.
    ii. Although there was evidence of increased qualitative 
susceptibility of the young in the DNT and 2-generation reproduction 
studies, there are clear NOAELs identified for the effects observed in 
the toxicity studies. Also, there was no evidence of increased 
quantitative or qualitative susceptibility of rat or rabbit fetuses in 
the developmental toxicity studies.
    iii. Acetamiprid produced signs of neurotoxicity in the high dose 
groups in the acute and developmental neurotoxicity studies in rats and 
the subchronic toxicity study in mice. However, no neurotoxic findings 
were reported in the subchronic neurotoxicity study in rats. 
Additionally, there are clear NOAELs identified for the effects 
observed in the toxicity studies. The doses and endpoints selected for 
risk assessment are protective and account for all toxicological 
effects observed in the database, including neurotoxicity.
    iv. EPA has used conservative assumptions in the exposure (food, 
drinking water, and residential) assessment, including the use of 100 
PCT assumptions, tolerance-level residue values, and upper-bound 
estimates of potential exposure through drinking water. In addition, 
the residential exposure assessment was conducted such that residential 
exposure and risk will not be underestimated. The aggregate exposure 
and risk estimates considered are expected to over-estimate the actual 
exposure and risk anticipated, based on the current and proposed use 
patterns; no risk estimates of concern were identified.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food and water 
to acetamiprid will occupy 67% of the aPAD for children 1-2 years old, 
the population subgroup receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions discussed in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
acetamiprid from food and water will utilize 61% of the cPAD for 
children 1-2 years old, the population subgroup receiving the greatest 
exposure. Based on the explanation in Unit III.C.3., adult aggregate 
exposures reflect background exposure from food and water, plus long-
term post-application dermal exposure from contact with dogs following 
spot-on treatment. For children 1-2 years old, long-term aggregate 
assessment reflects post-application dermal and hand-to-mouth 
(incidental) exposures from contact with spot-on treated dogs. The 
chronic dietary exposure and post-application pet spot-on residential 
exposure were aggregated and compared to the long-term POD. Adult and 
children long-term aggregate MOEs were 570 and 100, respectively, are 
>=100, and indicate that risk estimates are not of concern. The chronic 
dietary exposure estimates are highly conservative, assuming tolerance-
level residues and 100 PCT for all commodities. Therefore, EPA also 
considers the aggregate MOEs to be conservative estimates.
    3. Short- and Intermediate-term risk. Short-term and intermediate 
aggregate exposure take into account short- and intermediate-term 
residential exposure plus chronic exposure to food and water 
(considered to be a background exposure level). Acetamiprid is 
currently registered for uses that could result in short- and 
intermediate-term residential exposure, and the Agency has determined 
that it is appropriate to aggregate chronic exposure through food and 
water with short- and intermediate- term residential exposures to 
acetamiprid. Toxicological endpoints and POD for assessing short- and 
intermediate-term risks associated with exposure to acetamiprid are 
identical. Therefore, separate assessments are not being conducted for 
these durations. Using the exposure assumptions described in this unit 
for short- and intermediate-term exposures which represent the combined 
short- and intermediate-term food, water, and residential exposures 
aggregate. Additionally, for adults, reflect dermal and inhalation 
exposures from applications to mattresses, cracks and crevices, and for 
children 1-2 years old short- and intermediate- term aggregate 
assessment reflects dermal, inhalation, and hand-to-mouth exposures 
from post-application exposures following indoor applications.
    EPA concluded the combined short- and intermediate-term food, 
water, and residential exposures result in aggregate MOEs of 300 for 
adults and 110 for children. Both short- and intermediate- term 
aggregate MOEs are >=100, and indicate that risks are not of concern. 
The chronic dietary exposure estimates are highly conservative, 
assuming tolerance-level residues and 100 PCT for all commodities. 
Therefore, EPA also considers the aggregate MOEs to be conservative 
estimates.
    4. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two

[[Page 68777]]

adequate rodent carcinogenicity studies, acetamiprid is classified as 
``not likely to be carcinogenic to human'' and not expected to pose a 
cancer risk to humans.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to acetamiprid residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodologies are available to enforce the 
tolerance expression including; (1) gas chromatography with electron 
capture detection (GC/ECD) and (2) high-performance liquid 
chromotography (HPLC) with tandem mass spectrometric detection liquid 
chromotography/mass spectrometry/mass spectrometry (LC/MS/MS).
    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 not established MRLs for acetamiprid in or on clover, 
forage or clover, hay.

C. Response to Comments

    One comment expressed concern generally for pesticide residues 
remaining on harvested food crops and potential human health concerns. 
The commenter further states that ``it is the responsibility of our 
government to protect American consumers for being harmed by the food 
they eat and that this action is a step in the right direction for 
establishing a safer, healthier food system . . . .'' The Agency agrees 
with these comments.

D. Revisions to Petitioned-For Tolerances

    Available and relevant field trial data support a clover tolerance 
of 2.0 ppm, instead of the proposed tolerance of 1.5 ppm, in clover 
hay. The petitioner used residues in clover hay from all field trials 
which included pre-harvest intervals (PHIs) ranging from 27 to 63 days 
to calculate the proposed 1.5 ppm tolerance level. Since the proposed 
labeling stipulates a PHI of 30 days, EPA utilized only those residue 
data for clover hay collected at PHIs of 27-32 days as the input 
dataset for the Organization for Economic Cooperation and Development 
(OECD) tolerance calculation procedure, which yielded a clover hay 
tolerance level at 2.0 ppm.
    In clover forage, the recommended tolerance level includes an 
additional significant figure (0.30 ppm rather than 0.3 ppm). This is 
in order to avoid the situation where rounding of a residue result to 
the level of precision of the tolerance expression would be considered 
non-violative (such as 0.34 ppm being rounded to 0.3 ppm).

V. Conclusion

    Therefore, revised tolerances with regional restrictions are 
established for residues of the insecticide acetamiprid, (1E)-N-[(6-
chloro-3-pyridinyl)methyl]-N--cyano-N-methylethanimidamide, including 
its metabolites and degradates, in or on clover, forage at 0.30 ppm and 
clover, hay at 2.0 ppm.

VI. Statutory and Executive Order Reviews

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

VII. Congressional Review Act

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

[[Page 68778]]

List of Subjects in 40 CFR Part 180

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

    Dated: October 29, 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.  180.578, revise the tolerance for commodities in the table 
in paragraph (c) to read as follows:


Sec.  180.578  Acetamiprid; tolerances for residues.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Clover, forage..........................................            0.30
Clover, hay.............................................             2.0
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-28356 Filed 11-5-15; 8:45 am]
BILLING CODE 6560-50-P



                                                68772                Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations

                                                                                                            State                 EPA
                                                   Rule No.                    Rule title                  effective            Effective              Final rule citation/date                   Comments
                                                                                                             date                 date

                                                (11) XI .........   Reports and Revisions .......            1/22/1972            6/30/1972     37 FR 10842, 5/31/72.
                                                (12) XII ........   Visibility Protection Class I             9/6/1988            3/17/1989     54 FR 6912, 2/15/89.
                                                (13) XIII .......   Sweetwater PM10 Attain-                  1/25/1979             8/1/1979     44 FR 38473, 7/02/79.
                                                                       ment Plan.
                                                (14) XIV .......    Stack Height Good Engi-                  12/9/1988            4/16/1989     54 FR 11186, 3/17/89.
                                                                       neering Practice.
                                                (15) XV ........    Small Business Assistance               11/30/1993            8/19/1994     59 FR 31548, 6/20/94.
                                                                       Program.
                                                (16) XVI .......    City of Sheridan—PM10 Air               10/30/1990            7/25/1994     59 FR 32360, 6/23/94.
                                                                       Quality Control and Main-
                                                                       tenance Plan.
                                                (17) XVII ......    PSD Implementation for                  11/20/1990            6/23/1991     56 FR 23811, 5/24/91.
                                                                       NOx.
                                                (18) XVIII .....    Interstate Transport, Wyo-               4/15/2008             7/7/2008     73 FR 26019, 5/08/08.
                                                                       ming Interstate Transport
                                                                       SIP satisfying the require-
                                                                       ment of Section
                                                                       110(a)(2)(D)(i) of the CAA
                                                                       for the 1997 8-hour
                                                                       ozone and PM2.5 stand-
                                                                       ards.
                                                (19) XIX .......    Powder River Basin PM10                 12/22/1993           10/11/1995     60 FR 47290, 9/12/95.
                                                                       Memorandum of Agree-
                                                                       ment.
                                                (20) XX ........    Addressing Regional Haze                     1/7/2011         1/11/2013     77 FR 73926, 12/12/12.
                                                                       Visibility Protection For
                                                                       The Mandatory Federal
                                                                       Class I Areas Required
                                                                       Under 40 CFR 51.309.
                                                (21) XXI .......    Infrastructure SIP for Sec-              3/26/2008            12/6/2013     78 FR 73445, 12/06/13.
                                                                       tion 110(a)(2)—1997
                                                                       PM2.5 NAAQS.
                                                (22) XXII ......    Infrastructure SIP for Sec-              8/19/2011             9/9/2015     80 FR 47857, 8/10/2015.
                                                                       tion 110(a)(2)—2006
                                                                       PM2.5 NAAQS.
                                                (23) XXIII .....    Infrastructure SIP for Sec-             12/10/2009            8/24/2011     76 FR 44265, 7/25/11.
                                                                       tion 110(a)(2)—1997
                                                                       Ozone NAAQ.
                                                (24) XXIV .....     Air Quality Control Regions              1/22/1972            6/30/1972     37 FR 10842, 5/31/72.
                                                                       and Emissions Inventory.
                                                (25) XXV ......     Wyoming State Implemen-                  1/12/2011             3/3/2014     79 FR 5032, 1/30/14 ...................   Excluding portions of the
                                                                       tation Plan for Regional                                                                                             following: Chapters 6.4,
                                                                       Haze for 309(g).                                                                                                     6.5.7, 6.5.8, and 7.5. EPA
                                                                                                                                                                                            disapproved (1) the NOX
                                                                                                                                                                                            BART determinations for
                                                                                                                                                                                            (a) Laramie River Units
                                                                                                                                                                                            1–3, (b) Dave Johnston
                                                                                                                                                                                            Unit 3, and (c) Wyodak
                                                                                                                                                                                            Unit 1; (2) the State’s
                                                                                                                                                                                            monitoring, record-
                                                                                                                                                                                            keeping, and reporting re-
                                                                                                                                                                                            quirements for BART
                                                                                                                                                                                            units; and (3) the State’s
                                                                                                                                                                                            reasonable progress
                                                                                                                                                                                            goals.



                                                [FR Doc. 2015–27902 Filed 11–5–15; 8:45 am]                ENVIRONMENTAL PROTECTION                                 SUMMARY:   This regulation revises
                                                BILLING CODE 6560–50–P                                     AGENCY                                                   existing tolerances with regional
                                                                                                                                                                    restrictions for residues of acetamiprid
                                                                                                           40 CFR Part 180                                          in or on clover, forage and clover, hay.
                                                                                                                                                                    Interregional Research Project Number 4
                                                                                                           [EPA–HQ–OPP–2014–0740; FRL–9936–12]                      (IR–4) requested this tolerance action
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                                                                                                                                                                    under the Federal Food, Drug, and
                                                                                                           Acetamiprid; Pesticide Tolerances                        Cosmetic Act (FFDCA).
                                                                                                           AGENCY: Environmental Protection                         DATES: This regulation is effective
                                                                                                           Agency (EPA).                                            November 6, 2015. Objections and
                                                                                                                                                                    requests for hearings must be received
                                                                                                           ACTION:     Final rule.
                                                                                                                                                                    on or before January 5, 2016, and must


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                                                                  Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations                                        68773

                                                be filed in accordance with the                         C. How can I file an objection or hearing             (increasing) tolerances for residues of
                                                instructions provided in 40 CFR part                    request?                                              the insecticide, acetamiprid (1E)-N-[(6-
                                                178 (see also Unit I.C. of the                            Under FFDCA section 408(g), 21                      chloro-3-pyridinyl)methyl]-N'-cyano-N-
                                                SUPPLEMENTARY INFORMATION).                             U.S.C. 346a, any person may file an                   methylethanimidamide, including its
                                                                                                        objection to any aspect of this regulation            metabolites and degradates, in or on
                                                ADDRESSES:    The docket for this action,                                                                     clover, forage from 0.10 to 0.3 parts per
                                                identified by docket identification (ID)                and may also request a hearing on those
                                                                                                        objections. You must file your objection              million (ppm) and clover, hay from 0.01
                                                number EPA–HQ–OPP–2014–0740, is                                                                               to 1.5 ppm. That document referenced
                                                available at http://www.regulations.gov                 or request a hearing on this regulation
                                                                                                                                                              a summary of the petition prepared by
                                                or at the Office of Pesticide Programs                  in accordance with the instructions
                                                                                                                                                              Nisso America Incorporated, the
                                                Regulatory Public Docket (OPP Docket)                   provided in 40 CFR part 178. To ensure
                                                                                                                                                              registrant, which is available in the
                                                in the Environmental Protection Agency                  proper receipt by EPA, you must
                                                                                                                                                              docket, http://www.regulations.gov. A
                                                Docket Center (EPA/DC), West William                    identify docket ID number EPA–HQ–
                                                                                                                                                              comment was received on the notice of
                                                Jefferson Clinton Bldg., Rm. 3334, 1301                 OPP–2014–0740 in the subject line on
                                                                                                                                                              filing. EPA’s response to this comment
                                                Constitution Ave. NW., Washington, DC                   the first page of your submission. All
                                                                                                                                                              is discussed in Unit IV.C.
                                                20460–0001. The Public Reading Room                     objections and requests for a hearing                    Based upon review of the data
                                                is open from 8:30 a.m. to 4:30 p.m.,                    must be in writing, and must be                       supporting the petition, EPA has
                                                Monday through Friday, excluding legal                  received by the Hearing Clerk on or                   modified the tolerance for clover, hay
                                                holidays. The telephone number for the                  before January 5, 2016. Addresses for                 from what was requested. The reason for
                                                Public Reading Room is (202) 566–1744,                  mail and hand delivery of objections                  this change is explained in Unit IV.D.
                                                and the telephone number for the OPP                    and hearing requests are provided in 40
                                                                                                        CFR 178.25(b).                                        III. Aggregate Risk Assessment and
                                                Docket is (703) 305–5805. Please review
                                                                                                          In addition to filing an objection or               Determination of Safety
                                                the visitor instructions and additional
                                                information about the docket available                  hearing request with the Hearing Clerk                   Section 408(b)(2)(A)(i) of FFDCA
                                                at http://www.epa.gov/dockets.                          as described in 40 CFR part 178, please               allows EPA to establish a tolerance (the
                                                                                                        submit a copy of the filing (excluding                legal limit for a pesticide chemical
                                                FOR FURTHER INFORMATION CONTACT:                        any Confidential Business Information                 residue in or on a food) only if EPA
                                                Susan Lewis, Registration Division                      (CBI)) for inclusion in the public docket.            determines that the tolerance is ‘‘safe.’’
                                                (7505P), Office of Pesticide Programs,                  Information not marked confidential                   Section 408(b)(2)(A)(ii) of FFDCA
                                                Environmental Protection Agency, 1200                   pursuant to 40 CFR part 2 may be                      defines ‘‘safe’’ to mean that ‘‘there is a
                                                Pennsylvania Ave. NW., Washington,                      disclosed publicly by EPA without prior               reasonable certainty that no harm will
                                                DC 20460–0001; main telephone                           notice. Submit the non-CBI copy of your               result from aggregate exposure to the
                                                number: (703) 305–7090; email address:                  objection or hearing request, identified              pesticide chemical residue, including
                                                RDFRNotices@epa.gov.                                    by docket ID number EPA–HQ–OPP–                       all anticipated dietary exposures and all
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        2014–0740, by one of the following                    other exposures for which there is
                                                                                                        methods:                                              reliable information.’’ This includes
                                                I. General Information                                    • Federal eRulemaking Portal: http://               exposure through drinking water and in
                                                                                                        www.regulations.gov. Follow the online                residential settings, but does not include
                                                A. Does this action apply to me?                        instructions for submitting comments.                 occupational exposure. Section
                                                   You may be potentially affected by                   Do not submit electronically any                      408(b)(2)(C) of FFDCA requires EPA to
                                                this action if you are an agricultural                  information you consider to be CBI or                 give special consideration to exposure
                                                producer, food manufacturer, or                         other information whose disclosure is                 of infants and children to the pesticide
                                                pesticide manufacturer. The following                   restricted by statute.                                chemical residue in establishing a
                                                list of North American Industrial                         • Mail: OPP Docket, EPA/DC,                         tolerance and to ‘‘ensure that there is a
                                                Classification System (NAICS) codes is                  (28221T), 1200 Pennsylvania Ave. NW.,                 reasonable certainty that no harm will
                                                not intended to be exhaustive, but rather               Washington, DC 20460–0001.                            result to infants and children from
                                                provides a guide to help readers                          • Hand Delivery: To make special                    aggregate exposure to the pesticide
                                                determine whether this document                         arrangements for hand delivery or                     chemical residue . . . . ’’
                                                applies to them. Potentially affected                   delivery of boxed information, please                    Consistent with FFDCA section
                                                entities may include:                                   follow the instructions at http://                    408(b)(2)(D), and the factors specified in
                                                                                                        www.epa.gov/dockets/contacts.html.                    FFDCA section 408(b)(2)(D), EPA has
                                                   • Crop production (NAICS code 111).                  Additional instructions on commenting                 reviewed the available scientific data
                                                   • Animal production (NAICS code                      or visiting the docket, along with more               and other relevant information in
                                                112).                                                   information about dockets generally, is               support of this action. EPA has
                                                   • Food manufacturing (NAICS code                     available at http://www.epa.gov/                      sufficient data to assess the hazards of
                                                311).                                                   dockets.                                              and to make a determination on
                                                                                                                                                              aggregate exposure for acetamiprid
                                                   • Pesticide manufacturing (NAICS                     II. Summary of Petitioned-For
                                                                                                        Tolerance                                             including exposure resulting from the
                                                code 32532).
                                                                                                                                                              tolerances established by this action.
                                                B. How can I get electronic access to                     In the Federal Register of February                 EPA’s assessment of exposures and risks
                                                other related information?                              11, 2015 (80 FR 7559) (FRL–9921–94),                  associated with acetamiprid follows.
                                                                                                        EPA issued a document pursuant to
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                                                   You may access a frequently updated                  FFDCA section 408(d)(3), 21 U.S.C.                    A. Toxicological Profile
                                                electronic version of EPA’s tolerance                   346a(d)(3), announcing the filing of a                  EPA has evaluated the available
                                                regulations at 40 CFR part 180 through                  pesticide petition (PP 4E8307) by IR–4,               toxicity data and considered its validity,
                                                the Government Printing Office’s e-CFR                  IR–4 Project Headquarters, 500 College                completeness, and reliability as well as
                                                site at http://www.ecfr.gov/cgi-bin/text-               Road East, Suite 201 W., Princeton, NJ                the relationship of the results of the
                                                idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                    08540. The petition requested that 40                 studies to human risk. EPA has also
                                                40tab_02.tpl.                                           CFR 180.578 be amended by revising                    considered available information


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                                                68774             Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations

                                                concerning the variability of the                       and mice in the developmental                         of exposure (MOE). For non-threshold
                                                sensitivities of major identifiable                     neurotoxicity (DNT) and subchronic                    risks, the Agency assumes that any
                                                subgroups of consumers, including                       mouse studies. However, no neurotoxic                 amount of exposure will lead to some
                                                infants and children.                                   effects were seen in the subchronic                   degree of risk. Thus, the Agency
                                                   Acetamiprid is moderately toxic in                   neurotoxicity study in rats. No                       estimates risk in terms of the probability
                                                acute lethality studies via the oral route              neuropathology was observed in the                    of an occurrence of the adverse effect
                                                of exposure and is minimally toxic via                  toxicology studies.                                   expected in a lifetime. For more
                                                the dermal and inhalation routes of                        In immunotoxicity studies performed                information on the general principles
                                                exposure. It is not an eye or skin irritant,            in both sexes of rats and mice, no effects            EPA uses in risk characterization and a
                                                nor is it a dermal sensitizer.                          on the immune system were observed                    complete description of the risk
                                                Acetamiprid does not appear to have                     up to the highest dose, although                      assessment process, see http://
                                                specific target organ toxicity.                         significant reductions in body weight                 www.epa.gov/pesticides/factsheets/
                                                Generalized toxicity was observed as                    and body weight gain were noted at that               riskassess.htm.
                                                decreases in body weight, body weight                   dose.                                                    A summary of the toxicological
                                                gain, food consumption and food                            Based on acceptable carcinogenicity                endpoints for acetamiprid used for
                                                efficiency in all species tested.                       studies in rats and mice, EPA has                     human risk assessment is discussed in
                                                Generalized liver effects were also                     determined that acetamiprid is ‘‘not                  Unit III of the final rule published in the
                                                observed in mice and rats                               likely to be carcinogenic to humans.’’                Federal Register of June 19, 2013 (78 FR
                                                (hepatocellular vacuolation in rats and                 The classification is based on (1) the                36671) (FRL–9391–2). However, in this
                                                hepatocellular hypertrophy in mice and                  absence of an increase in the incidence               tolerance rule, an additional new use is
                                                rats); the effects were considered to be                of tumors in a mouse carcinogenicity                  considered spot-on treatments for dogs.
                                                adaptive. Other effects observed in the                 study; and (2) in a rat chronic/                      This newly proposed spot-on dog
                                                oral studies include amyloidosis of                     carcinogenicity study, the absence of a               treatment to control fleas, ticks, and
                                                multiple organs in the mouse                            dose-response and the lack of a                       mosquitoes has potential for long-term
                                                oncogenicity study, tremors in high                     statistically significant increase in the             exposure in residential indoor settings;
                                                dose females in the mouse subchronic                    mammary adenocarcinoma incidence by                   therefore, the Agency selected
                                                study, and microconcretions in the                      pair-wise comparison of the mid- and                  additional endpoints and POD for the
                                                kidney papilla and mammary                              high- dose groups with the controls.                  following exposure/scenarios: (1) Long-
                                                hyperplasia in the rat chronic/                         There was no clear evidence of a                      term (>6 months) incidental oral (hand-
                                                oncogenicity study. No effects were                     mutagenic effect. Acetamiprid tested                  to-mouth in children) and (2) Long-term
                                                observed in a dermal toxicity study in                  positive as a clastogen in an in vitro                (>6 months) dermal. The endpoints/
                                                rabbits.                                                study but not in an in vivo study.                    PODs selected were the same for both
                                                   In the rat developmental study, fetal                   Specific information on the studies                scenarios, based on effects observed in
                                                shortening of the 13th rib was observed                 received and the nature of the adverse                a rat chronic toxicity/oncogenicity
                                                in fetuses at the same dose level that                  effects caused by acetamiprid as well as              study. In the study, at the LOAEL of
                                                produced maternal effects (reduced                      the no-observed-adverse-effect-level                  17.5 milligram/kilogram/day (mg/kg/
                                                body weight and body weight gain and                    (NOAEL) and the lowest-observed-                      day), decreased body weight and body
                                                increased liver weights). In the                        adverse-effect-level (LOAEL) from the                 weight gains were noted in females and
                                                developmental rabbit study, no                          toxicity studies can be found at http://              hepatocellular vacuolation were noted
                                                developmental effects were observed in                  www.regulations.gov in document,                      in males. The NOAEL in the study is 7.1
                                                fetuses at doses that reduced maternal                  ‘‘Subject: Acetamiprid. Human Health                  mg/kg/day. The level of concern (LOC)
                                                body weight and food consumption. In                    Risk Assessment. . . . .for Use of the                is 100, based on an interspecies
                                                the reproduction study, decreased body                  Insecticide on Clover. . . . .Interval                uncertainty factor of 10X, an intra-
                                                weight, body weight gain, and food                      (Regional Registration)’’ dated                       species uncertainty factor of 10X, and
                                                consumption were observed in parental                   September 2, 2015 at pp. 42 in docket                 an Food Quality Protection Act (FQPA)
                                                animals while significant reductions in                 ID number EPA–HQ–OPP–2014–0740.                       safety factor of 1X.
                                                pup weights were seen in the offspring
                                                                                                        B. Toxicological Points of Departure/                 C. Exposure Assessment
                                                in both generations. Also observed were
                                                                                                        Levels of Concern
                                                reductions in litter size, and viability                                                                         1. Dietary exposure from food and
                                                and weaning indices among F2 offspring                     Once a pesticide’s toxicological                   feed uses. In evaluating dietary
                                                as well as significant delays in the age                profile is determined, EPA identifies                 exposure to acetamiprid, EPA
                                                to attain vaginal opening and preputial                 toxicological points of departure (POD)               considered exposure under the
                                                separation. In the developmental                        and levels of concern to use in                       petitioned-for tolerances as well as all
                                                neurotoxicity study, parental effects                   evaluating the risk posed by human                    existing acetamiprid tolerances in 40
                                                were limited to decreased body weight                   exposure to the pesticide. For hazards                CFR 180.578. EPA assessed dietary
                                                and body weight gains, while the                        that have a threshold below which there               exposures from acetamiprid in food as
                                                offspring effects noted were decreased                  is no appreciable risk, the toxicological             follows:
                                                body weights and body weight gains,                     POD is used as the basis for derivation                  i. Acute exposure. Quantitative acute
                                                decreased pre-weaning survival, and                     of reference values for risk assessment.              dietary exposure and risk assessments
                                                decreased maximum auditory startle                      PODs are developed based on a careful                 are performed for a food-use pesticide,
                                                response. In the acute neurotoxicity                    analysis of the doses in each                         if a toxicological study has indicated the
                                                study, male and female rats displayed                   toxicological study to determine the                  possibility of an effect of concern
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                                                decreased motor activity, tremors,                      dose at which the NOAEL and the                       occurring as a result of a 1-day or single
                                                walking and posture abnormalities,                      LOAEL are identified. Uncertainty/                    exposure.
                                                dilated pupils, coldness to the touch                   safety factors are used in conjunction                   Such effects were identified for
                                                and decreased grip strength and foot                    with the POD to calculate a safe                      acetamiprid. In estimating acute dietary
                                                splay at the highest dose tested (HDT).                 exposure level—generally referred to as               exposure, EPA used the Dietary
                                                There were clinical signs (decreases                    a population-adjusted dose (PAD) or a                 Exposure Evaluation Model software
                                                auditory startle, tremors) noted in rats                reference dose (RfD)—and a safe margin                with the Food Commodity Intake


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                                                                  Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations                                       68775

                                                Database (DEEM–FCID), Version 3.16.                     drinking water. For chronic dietary risk              exposure estimates to children 1–2 years
                                                This software uses 2003–2008 food                       assessment, the water concentration of                old from indoor applications and long-
                                                consumption data from the US                            value 45 ppb was used to assess the                   term hand-to-mouth exposure estimates
                                                Department of Agriculture’s (USDA’s)                    contribution to drinking water.                       from contact with spot-on treated pets.
                                                National Health and Nutrition                              3. From non-dietary exposure. The                     EPA combines risk values resulting
                                                Examination Survey, What We Eat in                      term ‘‘residential exposure’’ is used in              from separate routes of exposure when
                                                America (NHANES/WWEIA). As to                           this document to refer to non-                        it is likely they can occur
                                                residue levels in food, EPA assumed 100                 occupational, non-dietary exposure                    simultaneously based on the use pattern
                                                percent crop treated (PCT) and                          (e.g., for lawn and garden pest control,              and the behavior associated with the
                                                tolerance-level residues in the                         indoor pest control, termiticides, and                exposed population, and if the hazard
                                                assessment.                                             flea and tick control on pets).                       associated with the PODs is similar
                                                   ii. Chronic exposure. In conducting                     Acetamiprid is currently registered for            across routes. Residential post-
                                                the chronic dietary exposure                            the following uses that could result in               application inhalation exposure is
                                                assessment, EPA used DEEM–FCID,                         residential exposures: Controlling a                  expected to be negligible from the
                                                Version 3.16 and food consumption data                  wide variety of indoor and outdoor                    proposed spot-on product; therefore, a
                                                from the 2003–2008 USDA NHANES/                         insect pests using insecticide traps,                 quantitative assessment was not
                                                WWEIA. As to residue levels in food,                    crack and crevice treatments, soil                    performed.
                                                EPA assumed 100 PCT and tolerance-                      treatments, and sprays. There is also a                  For children 1 to 2 years old, post-
                                                level residues in the assessment.                       proposal to register acetamiprid for use              application dermal and incidental oral
                                                   iii. Cancer. Based on the data                       by homeowners and commercial                          (hand-to-mouth) exposures were
                                                summarized in Unit III.A., EPA has                      applicators as a monthly topical spot-on              combined for short-, intermediate-, and
                                                concluded that acetamiprid does not                     product for dogs only (not cats) to                   long-term durations.
                                                pose a cancer risk to humans. Therefore,                provide continuous protection against                    Further information regarding EPA
                                                a dietary exposure assessment for the                   fleas, ticks, and mosquitoes. Residential             standard assumptions and generic
                                                purpose of assessing cancer risk is                     exposure from proposed dog spot-on                    inputs for residential exposures may be
                                                unnecessary.                                            product is anticipated to result in                   found at: http://www.epa.gov/
                                                   iv. Anticipated residue and PCT                      dermal exposures for adult handlers. In               pesticides/science/residential-exposure-
                                                information. EPA did not use                            addition, residential post-application                sop.html.
                                                anticipated residue and/or PCT                          dermal exposures are expected for                        4. Cumulative effects from substances
                                                information in the dietary assessment                   adults and children 1 to 2 years old, and             with a common mechanism of toxicity.
                                                for acetamiprid. Tolerance-level                        incidental oral exposures for children 1              Section 408(b)(2)(D)(v) of FFDCA
                                                residues and 100 PCT were assumed for                   to 2 years old. Inhalation exposure from              requires that, when considering whether
                                                all food commodities.                                   the use of the spot-on product is                     to establish, modify, or revoke a
                                                   2. Dietary exposure from drinking                    considered negligible. Therefore, only                tolerance, the Agency consider
                                                water. The Agency used screening level                  dermal and incidental oral exposure                   ‘‘available information’’ concerning the
                                                water exposure models in the dietary                    were assessed for the proposed product.               cumulative effects of a particular
                                                exposure analysis and risk assessment                      Residential post-application                       pesticide’s residues and ‘‘other
                                                for acetamiprid in drinking water. These                exposures are expected to be short- (1 to             substances that have a common
                                                simulation models take into account                     30 days), intermediate- (1 to 6 months)               mechanism of toxicity.’’
                                                data on the physical, chemical, and fate/               for the indoor treatments, and long-term                 EPA has not found acetamiprid to
                                                transport characteristics of acetamiprid.               (greater than 6 months) in duration from              share a common mechanism of toxicity
                                                Further information regarding EPA                       pet spot-on products. Residential                     with any other substances, and
                                                drinking water models used in pesticide                 handler exposure is assumed to be                     acetamiprid does not appear to produce
                                                exposure assessment can be found at                     short-term due to the intermittent nature             a toxic metabolite produced by other
                                                http://www.epa.gov/oppefed1/models/                     of homeowner spot-on applications                     substances. For the purposes of this
                                                water/index.htm.                                        (once-monthly treatment).                             tolerance action, therefore, EPA has
                                                   EPA used the Food Quality Protection                    EPA assessed all these uses and                    assumed that acetamiprid does not have
                                                Act Index Reservoir Screening Tool                      conducted an aggregate residential                    a common mechanism of toxicity with
                                                (FIRST) and the Provisional Cranberry                   exposure using the following                          other substances. For information
                                                Model to generate surface water                         assumptions:                                          regarding EPA’s efforts to determine
                                                Estimated Drinking Water                                   Residential handler exposures: The                 which chemicals have a common
                                                Concentrations (EDWCs) for use in the                   Agency used short-term and                            mechanism of toxicity and to evaluate
                                                human health dietary risk assessment,                   intermediate-term dermal and                          the cumulative effects of such
                                                while the Pesticide Root Zone Model for                 inhalation exposure estimates to adult                chemicals, see EPA’s Web site at
                                                Groundwater (PRZM–GW) was used to                       applicators from applications to                      http://www.epa.gov/pesticides/
                                                generate groundwater EDWCs. The                         mattresses, cracks and crevices in the                cumulative.
                                                EDWCs of acetamiprid for acute                          aggregate risk assessment.
                                                exposures are 88.3 parts per billion                       Post-application exposures: The                    D. Safety Factor for Infants and
                                                (ppb) for surface water and 49.7 ppb for                Agency used short-term and                            Children
                                                ground water. For chronic exposures for                 intermediate-term dermal and                            1. In general. Section 408(b)(2)(C) of
                                                non-cancer assessments are estimated to                 inhalation exposure estimates to adults               FFDCA provides that EPA shall apply
                                                be 32.2 ppb for surface water and 45.0                  and children 1 to 2 years old from                    an additional tenfold (10X) margin of
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                                                ppb for ground water.                                   indoor applications (mattress treatment               safety for infants and children in the
                                                   Modeled estimates of drinking water                  and crack and crevice treatments) and                 case of threshold effects to account for
                                                concentrations were directly entered                    long-term dermal exposure estimates to                prenatal and postnatal toxicity and the
                                                into the dietary exposure model. For                    adults and children 1 to 2 years old                  completeness of the database on toxicity
                                                acute dietary risk assessment, the water                from contact with spot-on treated pets.               and exposure unless EPA determines
                                                concentration value of 88.3 ppb was                     In addition, the Agency used short-term               based on reliable data that a different
                                                used to assess the contribution to                      and intermediate-term hand-to-mouth                   margin of safety will be safe for infants


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                                                68776             Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations

                                                and children. This additional margin of                 the acute and developmental                           children 1–2 years old, long-term
                                                safety is commonly referred to as the                   neurotoxicity studies in rats and the                 aggregate assessment reflects post-
                                                Food Quality Protection Act Safety                      subchronic toxicity study in mice.                    application dermal and hand-to-mouth
                                                Factor (FQPA SF). In applying this                      However, no neurotoxic findings were                  (incidental) exposures from contact with
                                                provision, EPA either retains the default               reported in the subchronic neurotoxicity              spot-on treated dogs. The chronic
                                                value of 10X, or uses a different                       study in rats. Additionally, there are                dietary exposure and post-application
                                                additional safety factor when reliable                  clear NOAELs identified for the effects               pet spot-on residential exposure were
                                                data available to EPA support the choice                observed in the toxicity studies. The                 aggregated and compared to the long-
                                                of a different factor.                                  doses and endpoints selected for risk                 term POD. Adult and children long-term
                                                   2. Prenatal and postnatal sensitivity.               assessment are protective and account                 aggregate MOEs were 570 and 100,
                                                The pre- and post-natal toxicity                        for all toxicological effects observed in             respectively, are ≥100, and indicate that
                                                databases for acetamiprid include                       the database, including neurotoxicity.                risk estimates are not of concern. The
                                                developmental toxicity studies in the rat                 iv. EPA has used conservative                       chronic dietary exposure estimates are
                                                and rabbit, developmental neurotoxicity                 assumptions in the exposure (food,                    highly conservative, assuming
                                                (DNT) study in rats and a 2-generation                  drinking water, and residential)                      tolerance-level residues and 100 PCT for
                                                reproduction toxicity study in rats.                    assessment, including the use of 100                  all commodities. Therefore, EPA also
                                                There was no evidence of increased                      PCT assumptions, tolerance-level                      considers the aggregate MOEs to be
                                                quantitative or qualitative susceptibility              residue values, and upper-bound                       conservative estimates.
                                                of rat or rabbit fetuses following in utero             estimates of potential exposure through                  3. Short- and Intermediate-term risk.
                                                exposure to acetamiprid in the                          drinking water. In addition, the                      Short-term and intermediate aggregate
                                                developmental toxicity studies. In the                  residential exposure assessment was                   exposure take into account short- and
                                                DNT and 2-generation reproduction                       conducted such that residential                       intermediate-term residential exposure
                                                studies there was no evidence of                        exposure and risk will not be                         plus chronic exposure to food and water
                                                quantitative increased susceptibility                   underestimated. The aggregate exposure                (considered to be a background
                                                observed. However, there was evidence                   and risk estimates considered are                     exposure level). Acetamiprid is
                                                of increased qualitative susceptibility of              expected to over-estimate the actual                  currently registered for uses that could
                                                rat pups seen in the studies. In the DNT                exposure and risk anticipated, based on               result in short- and intermediate-term
                                                study in rats, although both maternal                   the current and proposed use patterns;                residential exposure, and the Agency
                                                and offspring effects were seen at the                  no risk estimates of concern were                     has determined that it is appropriate to
                                                same dose level, offspring animals were                 identified.                                           aggregate chronic exposure through food
                                                more severely affected. Decreased pre-                                                                        and water with short- and intermediate-
                                                                                                        E. Aggregate Risks and Determination of
                                                weaning survival, and decreased                                                                               term residential exposures to
                                                                                                        Safety
                                                maximum auditory startle response                                                                             acetamiprid. Toxicological endpoints
                                                were observed in the presence of limited                   EPA determines whether acute and                   and POD for assessing short- and
                                                maternal toxicity (body weight effects).                chronic dietary pesticide exposures are               intermediate-term risks associated with
                                                In the 2-generation reproduction study,                 safe by comparing aggregate exposure                  exposure to acetamiprid are identical.
                                                effects observed were a decrease in                     estimates to the acute PAD (aPAD) and                 Therefore, separate assessments are not
                                                mean body weight, body weight gain,                     chronic PAD (cPAD). For linear cancer                 being conducted for these durations.
                                                and food consumption in the parental                    risks, EPA calculates the lifetime                    Using the exposure assumptions
                                                animals, and significant reductions in                  probability of acquiring cancer given the             described in this unit for short- and
                                                body weights in pups (both                              estimated aggregate exposure. Short-,                 intermediate-term exposures which
                                                generations). Also, reduction in litter                 intermediate-, and chronic-term risks                 represent the combined short- and
                                                size and viability and weaning indices                  are evaluated by comparing the                        intermediate-term food, water, and
                                                were seen among F2 offspring, as well as                estimated aggregate food, water, and                  residential exposures aggregate.
                                                significant delays in the age to attain                 residential exposure to the appropriate               Additionally, for adults, reflect dermal
                                                vaginal opening and preputial                           PODs to ensure that an adequate MOE                   and inhalation exposures from
                                                separation. These offspring adverse                     exists.                                               applications to mattresses, cracks and
                                                effects were more severe than the                          1. Acute risk. Using the exposure                  crevices, and for children 1–2 years old
                                                parental effects.                                       assumptions discussed in this unit for                short- and intermediate- term aggregate
                                                   3. Conclusion. EPA has determined                    acute exposure, the acute dietary                     assessment reflects dermal, inhalation,
                                                that reliable data show the safety of                   exposure from food and water to                       and hand-to-mouth exposures from
                                                infants and children would be                           acetamiprid will occupy 67% of the                    post-application exposures following
                                                adequately protected if the FQPA SF                     aPAD for children 1–2 years old, the                  indoor applications.
                                                were reduced to 1x. That decision is                    population subgroup receiving the                        EPA concluded the combined short-
                                                based on the following findings:                        greatest exposure.                                    and intermediate-term food, water, and
                                                   i. The toxicology database for                          2. Chronic risk. Using the exposure                residential exposures result in aggregate
                                                acetamiprid is complete.                                assumptions discussed in this unit for                MOEs of 300 for adults and 110 for
                                                   ii. Although there was evidence of                   chronic exposure, EPA has concluded                   children. Both short- and intermediate-
                                                increased qualitative susceptibility of                 that chronic exposure to acetamiprid                  term aggregate MOEs are ≥100, and
                                                the young in the DNT and 2-generation                   from food and water will utilize 61% of               indicate that risks are not of concern.
                                                reproduction studies, there are clear                   the cPAD for children 1–2 years old, the              The chronic dietary exposure estimates
                                                NOAELs identified for the effects                       population subgroup receiving the                     are highly conservative, assuming
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                                                observed in the toxicity studies. Also,                 greatest exposure. Based on the                       tolerance-level residues and 100 PCT for
                                                there was no evidence of increased                      explanation in Unit III.C.3., adult                   all commodities. Therefore, EPA also
                                                quantitative or qualitative susceptibility              aggregate exposures reflect background                considers the aggregate MOEs to be
                                                of rat or rabbit fetuses in the                         exposure from food and water, plus                    conservative estimates.
                                                developmental toxicity studies.                         long-term post-application dermal                        4. Aggregate cancer risk for U.S.
                                                   iii. Acetamiprid produced signs of                   exposure from contact with dogs                       population. Based on the lack of
                                                neurotoxicity in the high dose groups in                following spot-on treatment. For                      evidence of carcinogenicity in two


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                                                                  Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations                                        68777

                                                adequate rodent carcinogenicity studies,                protect American consumers for being                  contain any information collections
                                                acetamiprid is classified as ‘‘not likely               harmed by the food they eat and that                  subject to OMB approval under the
                                                to be carcinogenic to human’’ and not                   this action is a step in the right direction          Paperwork Reduction Act (PRA) (44
                                                expected to pose a cancer risk to                       for establishing a safer, healthier food              U.S.C. 3501 et seq.), nor does it require
                                                humans.                                                 system . . . .’’ The Agency agrees with               any special considerations under
                                                   5. Determination of safety. Based on                 these comments.                                       Executive Order 12898, entitled
                                                these risk assessments, EPA concludes                   D. Revisions to Petitioned-For                        ‘‘Federal Actions to Address
                                                that there is a reasonable certainty that               Tolerances                                            Environmental Justice in Minority
                                                no harm will result to the general                                                                            Populations and Low-Income
                                                population, or to infants and children                     Available and relevant field trial data            Populations’’ (59 FR 7629, February 16,
                                                from aggregate exposure to acetamiprid                  support a clover tolerance of 2.0 ppm,                1994).
                                                residues.                                               instead of the proposed tolerance of 1.5                 Since tolerances and exemptions that
                                                                                                        ppm, in clover hay. The petitioner used               are established on the basis of a petition
                                                IV. Other Considerations                                residues in clover hay from all field                 under FFDCA section 408(d), such as
                                                A. Analytical Enforcement Methodology                   trials which included pre-harvest                     the tolerance in this final rule, do not
                                                                                                        intervals (PHIs) ranging from 27 to 63                require the issuance of a proposed rule,
                                                   Adequate enforcement methodologies                   days to calculate the proposed 1.5 ppm
                                                are available to enforce the tolerance                                                                        the requirements of the Regulatory
                                                                                                        tolerance level. Since the proposed                   Flexibility Act (RFA) (5 U.S.C. 601 et
                                                expression including; (1) gas                           labeling stipulates a PHI of 30 days, EPA
                                                chromatography with electron capture                                                                          seq.), do not apply.
                                                                                                        utilized only those residue data for
                                                detection (GC/ECD) and (2) high-                                                                                 This action directly regulates growers,
                                                                                                        clover hay collected at PHIs of 27–32
                                                performance liquid chromotography                                                                             food processors, food handlers, and food
                                                                                                        days as the input dataset for the
                                                (HPLC) with tandem mass spectrometric                                                                         retailers, not States or tribes, nor does
                                                                                                        Organization for Economic Cooperation
                                                detection liquid chromotography/mass                                                                          this action alter the relationships or
                                                                                                        and Development (OECD) tolerance
                                                spectrometry/mass spectrometry (LC/                                                                           distribution of power and
                                                                                                        calculation procedure, which yielded a
                                                MS/MS).                                                                                                       responsibilities established by Congress
                                                                                                        clover hay tolerance level at 2.0 ppm.
                                                   The methods may be requested from:                      In clover forage, the recommended                  in the preemption provisions of FFDCA
                                                Chief, Analytical Chemistry Branch,                     tolerance level includes an additional                section 408(n)(4). As such, the Agency
                                                Environmental Science Center, 701                       significant figure (0.30 ppm rather than              has determined that this action will not
                                                Mapes Rd., Ft. Meade, MD 20755–5350;                    0.3 ppm). This is in order to avoid the               have a substantial direct effect on States
                                                telephone number: (410) 305–2905;                       situation where rounding of a residue                 or tribal governments, on the
                                                email address: residuemethods@                          result to the level of precision of the               relationship between the national
                                                epa.gov.                                                tolerance expression would be                         government and the States or tribal
                                                                                                        considered non-violative (such as 0.34                governments, or on the distribution of
                                                B. International Residue Limits                                                                               power and responsibilities among the
                                                                                                        ppm being rounded to 0.3 ppm).
                                                   In making its tolerance decisions, EPA                                                                     various levels of government or between
                                                seeks to harmonize U.S. tolerances with                 V. Conclusion                                         the Federal Government and Indian
                                                international standards whenever                          Therefore, revised tolerances with                  tribes. Thus, the Agency has determined
                                                possible, consistent with U.S. food                     regional restrictions are established for             that Executive Order 13132, entitled
                                                safety standards and agricultural                       residues of the insecticide acetamiprid,              ‘‘Federalism’’ (64 FR 43255, August 10,
                                                practices. EPA considers the                            (1E)–N–[(6–chloro–3–                                  1999) and Executive Order 13175,
                                                international maximum residue limits                    pyridinyl)methyl]–N±-cyano–N-                         entitled ‘‘Consultation and Coordination
                                                (MRLs) established by the Codex                         methylethanimidamide, including its                   with Indian Tribal Governments’’ (65 FR
                                                Alimentarius Commission (Codex), as                     metabolites and degradates, in or on                  67249, November 9, 2000) do not apply
                                                required by FFDCA section 408(b)(4).                    clover, forage at 0.30 ppm and clover,                to this action. In addition, this action
                                                The Codex Alimentarius is a joint                       hay at 2.0 ppm.                                       does not impose any enforceable duty or
                                                United Nations Food and Agriculture                                                                           contain any unfunded mandate as
                                                Organization/World Health                               VI. Statutory and Executive Order                     described under Title II of the Unfunded
                                                Organization food standards program,                    Reviews                                               Mandates Reform Act (UMRA) (2 U.S.C.
                                                and it is recognized as an international                  This action establishes tolerances                  1501 et seq.).
                                                food safety standards-setting                           under FFDCA section 408(d) in                            This action does not involve any
                                                organization in trade agreements to                     response to a petition submitted to the               technical standards that would require
                                                which the United States is a party. EPA                 Agency. The Office of Management and                  Agency consideration of voluntary
                                                may establish a tolerance that is                       Budget (OMB) has exempted these types                 consensus standards pursuant to section
                                                different from a Codex MRL; however,                    of actions from review under Executive                12(d) of the National Technology
                                                FFDCA section 408(b)(4) requires that                   Order 12866, entitled ‘‘Regulatory                    Transfer and Advancement Act
                                                EPA explain the reasons for departing                   Planning and Review’’ (58 FR 51735,                   (NTTAA) (15 U.S.C. 272 note).
                                                from the Codex level.                                   October 4, 1993). Because this action
                                                                                                                                                              VII. Congressional Review Act
                                                   The Codex has not established MRLs                   has been exempted from review under
                                                for acetamiprid in or on clover, forage                 Executive Order 12866, this action is                   Pursuant to the Congressional Review
                                                or clover, hay.                                         not subject to Executive Order 13211,                 Act (5 U.S.C. 801 et seq.), EPA will
                                                                                                        entitled ‘‘Actions Concerning                         submit a report containing this rule and
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                                                C. Response to Comments                                 Regulations That Significantly Affect                 other required information to the U.S.
                                                  One comment expressed concern                         Energy Supply, Distribution, or Use’’ (66             Senate, the U.S. House of
                                                generally for pesticide residues                        FR 28355, May 22, 2001) or Executive                  Representatives, and the Comptroller
                                                remaining on harvested food crops and                   Order 13045, entitled ‘‘Protection of                 General of the United States prior to
                                                potential human health concerns. The                    Children from Environmental Health                    publication of the rule in the Federal
                                                commenter further states that ‘‘it is the               Risks and Safety Risks’’ (62 FR 19885,                Register. This action is not a ‘‘major
                                                responsibility of our government to                     April 23, 1997). This action does not                 rule’’ as defined by 5 U.S.C. 804(2).


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                                                68778                Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations

                                                List of Subjects in 40 CFR Part 180                           Review, NASA conducted a                             DEPARTMENT OF COMMERCE
                                                  Environmental protection,                                   comprehensive review of its regulations
                                                                                                              and published two final rules in the                 National Oceanic and Atmospheric
                                                Administrative practice and procedure,
                                                                                                              Federal Register. The final rule                     Administration
                                                Agricultural commodities, Pesticides
                                                and pests, Reporting and recordkeeping                        published on March 12, 2015, (80 FR
                                                                                                              12935) requires the following editorial              50 CFR Part 665
                                                requirements.
                                                  Dated: October 29, 2015.
                                                                                                              changes:                                             [Docket No. 150615523–5973–03]
                                                Susan Lewis,                                                     • Renumber section 1817.7300 as
                                                                                                                                                                   RIN 0648–XD998
                                                Director, Registration Division, Office of                    1817.7000 and section 1817.7302 as
                                                Pesticide Programs.                                           1817.7002. The final rule published on               Pacific Island Pelagic Fisheries; 2015
                                                                                                              March 12, 2015, redesignated subpart                 U.S. Territorial Longline Bigeye Tuna
                                                  Therefore, 40 CFR chapter I is
                                                                                                              1817.73 as 1817.70, but failed to address            Catch Limits for Guam
                                                amended as follows:
                                                                                                              its subsections.
                                                                                                                                                                   AGENCY:  National Marine Fisheries
                                                PART 180—[AMENDED]                                               • Correct the clause date at section              Service (NMFS), National Oceanic and
                                                                                                              1852.215–81.                                         Atmospheric Administration (NOAA),
                                                ■ 1. The authority citation for part 180
                                                continues to read as follows:                                 List of Subject in 48 CFR Parts 1817 and             Commerce.
                                                                                                              1852                                                 ACTION: Final specifications.
                                                    Authority: 21 U.S.C. 321(q), 346a and 371.
                                                ■ 2. In § 180.578, revise the tolerance for                       Government procurement.                          SUMMARY:    In this final rule, NMFS
                                                commodities in the table in paragraph                                                                              specifies a 2015 limit of 2,000 metric
                                                                                                              Manuel Quinones,                                     tons (mt) of longline-caught bigeye tuna
                                                (c) to read as follows:
                                                                                                              NASA FAR Supplement Manager.                         for Guam. NMFS will allow the territory
                                                § 180.578 Acetamiprid; tolerances for                                                                              to allocate up to 1,000 mt each year to
                                                residues.                                                       Accordingly, 48 CFR parts 1817 and
                                                                                                                                                                   U.S. longline fishing vessels in a
                                                *       *    *           *       *                            1852 are amended as follows:                         specified fishing agreement that meets
                                                    (c) * * *                                                                                                      established criteria. As an
                                                                                                              PART 1817—SPECIAL CONTRACTING
                                                                                                                                                                   accountability measure, NMFS will
                                                                                           Parts per          METHODS
                                                            Commodity                                                                                              monitor, attribute, and restrict (if
                                                                                            million
                                                                                                                                                                   necessary) catches of longline-caught
                                                                                                              ■  1. The authority citation for part 1817           bigeye tuna, including catches made
                                                Clover, forage .......................                 0.30
                                                                                                              is revised to read as follows:                       under a specified fishing agreement.
                                                Clover, hay ...........................                 2.0
                                                                                                                Authority: 51 U.S.C. 20113(a) and 48 CFR           These catch limits and accountability
                                                *       *       *        *       *                            chapter 1.                                           measures support the long-term
                                                [FR Doc. 2015–28356 Filed 11–5–15; 8:45 am]                                                                        sustainability of fishery resources of the
                                                BILLING CODE 6560–50–P                                        Subpart 1817–70 [Amended]                            U.S. Pacific Islands.
                                                                                                                                                                   DATES: The final specifications are
                                                                                                              1817.7300 and 1817.7302 [Redesignated
                                                                                                              as 1817.7000 and 1817.7002]                          effective November 6, 2015, through
                                                NATIONAL AERONAUTICS AND                                                                                           December 31, 2015. The deadline to
                                                SPACE ADMINISTRATION                                          ■ 2. Amend subpart 1817.70 by                        submit a specified fishing agreement
                                                                                                              redesignating section 1817.7300 as                   pursuant to 50 CFR 665.819(b)(3) for
                                                48 CFR Parts 1817 and 1852                                    1817.7000 and section 1817.7302 as                   review is December 7, 2015.
                                                NASA Federal Acquisition Regulation                           1817.7002.                                           ADDRESSES: Copies of the fishery
                                                Supplement                                                                                                         ecosystem plans are available from the
                                                                                                              PART 1852—SOLICITATION                               Western Pacific Fishery Management
                                                AGENCY:  National Aeronautics and                             PROVISIONS AND CONTRACT                              Council (Council), 1164 Bishop St.,
                                                Space Administration.                                         CLAUSES                                              Suite 1400, Honolulu, HI 96813, tel
                                                ACTION: Technical amendments.                                                                                      808–522–8220, fax 808–522–8226, or
                                                                                                              ■ 3. The authority citation for part 1852            www.wpcouncil.org.
                                                SUMMARY:   NASA is making technical                           continues to read as follows:                           Copies of the environmental
                                                amendments to the NASA FAR                                                                                         assessment (EA) and finding of no
                                                                                                                Authority: 51 U.S.C. 20113(a) and 48 CFR
                                                Supplement (NFS) to provide needed                                                                                 significant impact for this action,
                                                                                                              chapter 1.
                                                editorial changes.                                                                                                 identified by NOAA–NMFS–2015–0077,
                                                DATES: Effective: November 6, 2015.                           1852.215–81      [Amended]                           are available from www.regulations.gov,
                                                FOR FURTHER INFORMATION CONTACT:                                                                                   or from Michael D. Tosatto, Regional
                                                Manuel Quinones, NASA, Office of                              ■ 4. Amend section 1852.215–81 by                    Administrator, NMFS Pacific Islands
                                                Procurement, Contract and Grant Policy                        removing ‘‘FEB 1998’’ and adding ‘‘APR               Region (PIR), 1845 Wasp Blvd., Bldg.
                                                Division, via email at                                        2015’’ in its place.                                 176, Honolulu, HI 96818.
                                                manuel.quinones@nasa.gov, or                                  [FR Doc. 2015–28309 Filed 11–5–15; 8:45 am]          FOR FURTHER INFORMATION CONTACT:
                                                telephone (202) 358–2143.                                     BILLING CODE 7510–13–P                               Jarad Makaiau, NMFS PIRO Sustainable
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                                                SUPPLEMENTARY INFORMATION:                                                                                         Fisheries, 808–725–5176.
                                                                                                                                                                   SUPPLEMENTARY INFORMATION: NMFS is
                                                I. Background                                                                                                      specifying a catch limit of 2,000 mt of
                                                  As part of NASA’s retrospective                                                                                  longline-caught bigeye tuna for Guam in
                                                review of existing regulations pursuant                                                                            2015. NMFS is also authorizing the
                                                to section 6 of Executive Order 13563,                                                                             territory to allocate up to 1,000 mt of its
                                                Improving Regulation and Regulatory                                                                                2,000 mt bigeye tuna limit to U.S.


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Document Created: 2015-12-14 15:09:15
Document Modified: 2015-12-14 15:09:15
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 November 6, 2015. Objections and requests for hearings must be received on or before January 5, 2016, 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 68772 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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