81_FR_21404 81 FR 21335 - Tetrachlorvinphos (TCVP); EPA Proposal To Rely on Data From Human Research on TCVP Exposure From Flea Control Collars

81 FR 21335 - Tetrachlorvinphos (TCVP); EPA Proposal To Rely on Data From Human Research on TCVP Exposure From Flea Control Collars

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range21335-21339
FR Document2016-08281

In compliance with EPA's rule for protection of human subjects, EPA is providing an opportunity for public comment on EPA's proposal to rely on data from human research on tetrachlorvinphos (TCVP) exposure from flea control collars.

Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21335-21339]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08281]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0316; FRL-9944-37]


Tetrachlorvinphos (TCVP); EPA Proposal To Rely on Data From Human 
Research on TCVP Exposure From Flea Control Collars

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with EPA's rule for protection of human 
subjects, EPA is providing an opportunity for public comment on EPA's 
proposal to rely on data from human research on tetrachlorvinphos 
(TCVP) exposure from flea control collars.

DATES: Comments must be received on or before May 11, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2008-0316, 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 Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For information on EPA's Rule for 
Protection of Human Subjects contact: Maureen Lydon, Human Research 
Ethics Review Officer, Office of Pesticide Programs (7501P), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 347-0440; email 
address: [email protected]
    For information on the EPA risk assessment contact: James Parker, 
Chemical Review Manager, Pesticide Re-Evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(703) 306-0469; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, farm worker, and agricultural advocates; the chemical industry; 
pesticide users; and members of the public interested in the sale, 
distribution, or use of pesticides. Since others also may be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult a contact listed under FOR FURTHER INFORMATION CONTACT.

 B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticides 
discussed in this document, compared to the general population.

II. Authority

    EPA is conducting its registration review of TCVP pursuant to 
section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), 7 U.S.C. 136 et seq., and the Procedural Regulations for 
Registration Review at 40 CFR part 155, subpart C. Section 3(g) of 
FIFRA provides, among other things, that the registrations of 
pesticides are to be reviewed every 15 years. Under FIFRA, a pesticide 
product may be registered or remain registered only if it meets the 
statutory standard for registration given in FIFRA section 3(c)(5) (7 
U.S.C. 136a(c)(5)). When used in accordance with widespread and 
commonly recognized practice, the pesticide product must perform its 
intended function without unreasonable adverse effects on the 
environment; that is, without any unreasonable risk to man or the 
environment, or a human dietary risk from residues that result from the 
use of a pesticide in or on food.

III. EPA's Proposal To Rely on Published TCVP Human Research

    During the public meeting of the Human Studies Review Board (HSRB) 
held on January 12-13, 2016, EPA's Office of Pesticide Programs 
provided an overview and science and ethics review of the research 
discussed in the article ``Assessing Intermittent Pesticide Exposure 
From Flea Control Collars Containing the Organophosphorus Insecticide 
Tetrachlorvinphos (TCVP).'' This research article was authored by M. 
Keith Davis, J. Scott Boone, John E. Moran, John W. Tyler and Janice E. 
Chambers and published in 2008 in the

[[Page 21336]]

Journal of Exposure Science and Environmental Epidemiology (2008) 18, 
pages 564-570. EPA presented Davis et al. research to the HSRB for 
their review, along with a request for the HSRB to respond to questions 
posed by EPA.
    The Davis et al. research measured TCVP exposures in children and 
adults that could occur from contact with pet dogs wearing TCVP-
containing flea control collars. The research was based on two studies 
conducted by the Center of Environmental Health Sciences, College of 
Veterinary Medicine, Mississippi State University (MSU). Although the 
families involved in the studies already used flea collars, the 
researchers provided specific flea collars to the participating 
families and asked that their dogs wear them during the studies.
    In study 1, conducted in 1998, TCVP residues were measured by 
rubbing/petting dogs' fur with a gloved hand. The sampling was 
conducted by volunteer technicians from MSU veterinary school who 
stroked the animals in a standardized, prescribed manner, in a marked 
10 x 4 inch area with clean, white, cotton gloves for a continuous 5-
minute period. The dogs were rubbed in three specific locations: Near 
the base of the tail, at the neck with the flea collar removed, and at 
the neck with the flea collar in place. Study 1 also measured dog 
plasma cholinesterase. There were 23 pet dogs included in this study, 
one from each of the 23 participating households.
    Under study 2, conducted in 2002, volunteer technicians from MSU 
veterinary school collected TCVP residues by rubbing/petting dogs' fur 
with a gloved hand, and used the same methods as those employed by 
study 1. The collection of the glove residue data did not involve 
children in either study 1 or study 2. However, study 2 also quantified 
TCVP residues on tee shirts worn by children and included biomonitoring 
of the TCVP metabolite 2,4,5-trichloromandelic acid (TCMA) in urine of 
participating children and adults. Study 2 included 1 child and 1 adult 
from each of the 22 participating families and 22 pet dogs.
    EPA proposes to use only the glove residue data from the Davis et 
al. research in its risk assessment of TCVP because it is chemical-
specific and results in the highest computed risks when compared to the 
other data in Davis et al. and all the approaches considered in the 
assessment; as a result, it supports the most protective risk 
characterization. The research complied with the ethical standards in 
place at the time the studies were conducted and meets the substantive 
acceptance standards. As described in the Davis et al. research, the 
data were derived in a manner that makes the research scientifically 
valid and are appropriate for use in EPA's risk assessment.
    In the Federal Register of January 20, 2016 (81 FR 3128, FRL-9940-
81), EPA sought public comment on EPA's draft human health and 
ecological risk assessment for the registration review of TCVP. The 
public can view the draft human health risk assessment and supporting 
documents, as well as comments received, in the docket established for 
the reregistration review of TCVP (see docket ID number EPA-HQ-OPP-
2008-0316). EPA has determined that relying on the glove residue data 
from the Davis et al. research is crucial to a decision to potentially 
impose a more stringent regulatory restriction that would improve 
public health protection than could be justified without relying on the 
data. EPA currently does not have other pet collar glove residue data 
which are chemical-specific or that would lead to the same potential 
regulatory action to improve public health protection. For this reason, 
the glove residue data are crucial to EPA's decision.

IV. Reason for Review by the HSRB

    EPA chose, in this case, to obtain the views of the HSRB concerning 
EPA's proposal to rely on the TCVP glove residue data from studies 1 
and 2 for the following reasons. First, the proposal submitted to EPA's 
Science to Achieve Results (STAR) grants program for funding of the 
research discussed correlating the residues from the rubbing procedure 
with the gloves, the residues from the tee shirts worn by children 
participating in the studies, and the urinary metabolites of the 
children and adults in the participating households and described these 
activities under the umbrella of one research project. Moreover, 
although EPA is relying only on the TCVP glove residue data from both 
studies, study 2 further involved children wearing tee shirts and 
providing urine samples, and, at least for that portion of the study, 
is considered research involving intentional exposure to human 
subjects. Therefore, even though EPA does not wish to rely on the data 
involving children (namely the tee shirt and urinary data), EPA chose 
in this case to assume that the prohibition in 40 CFR 26.1703 and the 
process in 40 CFR 26.1706 apply, including submission of the research 
to the HSRB for review.
    40 CFR 26.1703 prohibits EPA reliance on data from any research 
involving intentional exposure of any human subject who is a pregnant 
woman (and therefore her fetus), nursing woman, or child, except as 
provided in 40 CFR 26.1706. 40 CFR 26.1706 explains that EPA may rely 
on data that are unacceptable under the standards in 40 CFR 26.1703 
through 26.1705 only if EPA has: (a) Obtained the views of the HSRB; 
(b) provided an opportunity for public comment on the proposal to rely 
on the otherwise unacceptable data; (c) determined that relying on the 
data is crucial to a decision that would impose a more stringent 
regulatory restriction to protect public health than could be justified 
without the data; and (d) published a full explanation of the decision 
to rely on the data, including a thorough discussion of the ethical 
deficiencies of the underlying research and the full rationale for 
finding that the standard in item (c) was met.
    EPA sought and obtained the views of the HSRB during the public 
meeting of the HSRB on January 12-13, 2016. The HSRB documents their 
views in meeting minutes and a final report before EPA publishes the 
explanation required by 40 CFR 26.1706(d). Pursuant to 40 CFR 
26.1706(b), EPA is hereby providing an opportunity for public comment 
on EPA's proposal to rely on the TCVP glove residue data from the Davis 
et al. research. EPA proposes to rely on chemical-specific data from 
human research to potentially impose a more stringent regulatory 
restriction that would improve public health protection than could be 
justified without relying on the data.

V. Background on Ethical Conduct of Research

    The research was funded by EPA's STAR grants. EPA's Office of 
Research and Development (ORD) reviewed the grant proposal, which 
involved human research and funding from EPA. EPA's ethics review of 
the Davis et al. research presented at the January HSRB meeting relies 
in part on EPA's ORD file because it contains draft consent forms used 
during study 2 and recruitment information. At the January 2016 HSRB 
meeting, EPA discussed the role of the veterinary students, the 
societal value of the Davis et al. research, and ethical considerations 
regarding recruitment of study participants, the independent ethics 
review, informed consent, respect for subjects and compensation for 
participation in the study.
    EPA reviewed with the HSRB the role of the veterinary students in 
rubbing the dogs. The technicians who rubbed the dogs in study 1 and 
study 2 were students enrolled at MSU's College of

[[Page 21337]]

Veterinary Medicine. Both the researchers and the Institutional Review 
Board (IRB) viewed the veterinary students as technicians in the study, 
not as human subjects. The abstract for the research submitted to EPA 
for funding is included in the ORD file and states, on page 14, that 
``the samplers will be trained so that consistency in the sample 
collection is maintained among dogs and among samplers.'' As discussed 
in the research article, the technicians wore gloves and stroked the 
animals in a standardized, prescribed manner: ``in a marked 10 x 4 inch 
area with clean, white, cotton gloves for a continuous 5-min period.'' 
The dogs were rubbed in specific locations (near the base of the tail, 
at the neck with collar removed, and at the neck with the collar in 
place). Under 40 CFR 26.1102(e), the term ``human subject'' is defined, 
in part, as ``a living individual about whom an investigator . . . 
conducting research obtains . . . data through intervention or 
interaction. . . .'' The Primary Investigator for the research 
confirmed that she did not obtain data about the technicians, nor did 
she intend to do so. The pattern of rubbing does not resemble the 
typical human-pet interaction or provide information about how a person 
would normally interact with a pet. EPA noted during the HSRB meeting 
that the researchers were not collecting data about the technicians in 
this study and concluded that there is no indication from the research 
article, the ORD file or EPA's interview with the Primary Investigator 
that the study collected data about the veterinary students who worked 
as technicians in the study. Instead, the researchers collected data 
only about the residues on the glove as an indication of how much 
residue was available for transfer from the pet.
    With regard to the societal value of the Davis et al. research, the 
objective was to assess the amount of exposure to TCVP that could occur 
in children and adults from the use of a TCVP-containing collar on a 
pet dog. Regarding recruitment, the research article states that ``the 
studies were conducted in Oktibbeha County, Mississippi (USA), with 
volunteer households having pet dogs'' and that ``participating 
families were volunteers who routinely used flea control products on 
their pet dogs.'' ``One child and one adult were selected from each 
participating family'' for study 2, which included 44 subjects. EPA's 
file on the STAR grant, page 13, states that: ``Dogs selected for this 
study will be owned by professional (DVM) or graduate students enrolled 
in the College of Veterinary Medicine, or staff/faculty members of 
Mississippi State University with a child aged 4-10 years in the 
household who routinely plays with this dog.'' It goes on to state that 
``students or staff should be the most reliable group of owners (in 
contrast to the general public) in that they are accessible daily, 
their dogs can readily be treated and sampled when the students are in 
class or the staff members are at work, and as members of the academic 
community, the compliance and appreciation of the value of research 
should be high.'' EPA's file further states that ``dogs participating 
in this study must be enrolled in the Small Animal Community Practice 
Health Maintenance Program, so that their health status and vaccination 
history are known.''
    Regarding the independent ethics review, the IRB for Research on 
Human Subjects at MSU reviewed and approved the sampling protocols and 
consent forms, and the EPA's ORD, the National Center for Environmental 
Research and Quality Assurance (NCERQA) reviewed the STAR grant 
proposal focusing on this research. ORD supported the research 
dependent on the incorporation of NCERQA comments on the consent forms. 
The protocol was distributed to each participating household, informed 
consent was obtained from the adults, and children were informed 
verbally of the procedures and oral or written assent was obtained from 
them. The IRB for Research on Human Subjects at MSU approved all 
sampling protocols and informed consent forms. The ORD file contains a 
draft consent form for adults and a Minor's Assent Form. The consent 
form states that the study involves research and identifies its 
purpose, expected duration, number of urine and tee shirt samples to be 
provided, states that research results will be coded, participants are 
free to withdraw, provides a contact for information, and specifies 
compensation of $150 for each participating household. The consent 
form, entitled ``Authorization for Participation in Research Project,'' 
also states that ``no risks are anticipated to the participants.'' The 
implication is that since families already used flea collars on their 
dogs, there was no added risk from participating in the study. In the 
abstract that the researchers submitted to ORD, however, page 4 states 
that ``the residues of insecticides available for intermittent transfer 
to children from the fur of dogs treated by either a spot treatment or 
a collar for flea control will be appreciable and of a magnitude 
necessitating inclusion in cumulative risk assessments of pesticides to 
children; secondly, that the fur rubbing procedure developed to 
quantify dislodgeable residues provides a useful estimate of 
insecticide residues which could be transferred from the fur of dogs to 
children.''
    Although the families involved already used flea collars registered 
by EPA, in the interest of transparency, it would have been preferable 
for the researchers to have shared their hypothesis with the parents of 
the participating children and included it in the consent form. It is 
unknown whether the information was stated in the protocol provided to 
the families. The Minor's Assent Form states that the researchers 
``will specifically obtain assent from the children recruited to our 
project . . . We will explain that the child's parent or guardian has 
given us permission to request his/her help participation (sic) in the 
research project. We will then explain the urine collection protocol 
and the tee shirt protocol to the children in language appropriate to 
the age of the child and obtain his/her assent to participate. We will 
not explain the connection to the pesticide residues on the dog so as 
not to alter the behavior of the child with the dog. We will obtain the 
children's assent orally because of the age range of the children 
involved.''
    The researchers demonstrated respect for subjects participating in 
the study in several ways. The researchers: Did not reveal subjects' 
identities; obtained informed consent from participating subjects; 
provided light weight short-sleeve tee shirts to children for use 
during the study; gave written assurance that urine samples would only 
be used to quantify insecticide urinary metabolites; and provided 
compensation for participation in the study. Compensation included $100 
equivalent of veterinary care provided by the Animal Health Center of 
MSU College of Veterinary Medicine and $150 to participating households 
in Study 2.

VI. Summary of Discussion on Ethics-Related Questions

    As documented on page 27 of the minutes of the January 2016 HSRB 
meeting, in response to EPA's science charge question, the HSRB stated 
that, ``The research is scientifically sound and, if used 
appropriately, the pet fur transferable residue data from the rubbing 
protocol can provide useful information for evaluating potential 
exposures of adults and children from contact with dogs treated with

[[Page 21338]]

tetrachlorvinphos containing pet collars.'' The HSRB noted that, ``the 
limitations of the data would be discussed in the Board's report.'' The 
minutes of the January 12-13, 2016 public HSRB meeting are available on 
the HSRB Web site at http://www.epa.gov/osa/january-12-13-2016-meeting-human-studies-review-board.
    The EPA also asked the HSRB if they had any comments on the 
determination that the samplers (who petted/rubbed the dogs) were not 
human subjects. During the public meeting, as documented on pages 27-28 
of the minutes, ``Questions were raised by several committee members 
about the PI's ([primary investigator's) and the IRB's (Institutional 
Review Board's) determinations that the samplers were not human 
subjects in the study; rather they were viewed as study staff. Some 
members of the board asserted that the students/technicians, by virtue 
of being potentially exposed to the pesticide as part of the conduct of 
the study, should have been considered human subjects. Furthermore, if 
they had been treated as subjects, they might have been considered 
`vulnerable' due to their status as students.'' The HSRB noted that the 
flea control collars were ``commercially available at the time, and 
that the potential exposure to the pesticide residues through petting 
the dogs for 5 minute periods wearing cotton gloves was likely much 
less than average exposure of a pet owner. There is no information 
available about whether there was any `bleed through' of pesticide from 
the cotton gloves to the skin of the samplers and therefore the actual 
exposure is unknown. Considering all of these factors, the committee 
felt that the risks of exposure were not greater than those experienced 
in everyday life. Thus, even if the determination regarding the status 
of the samplers as study staff rather than subjects was mistaken, the 
committee did not believe this resulted in any material harms and so 
this question should not prevent the EPA from using the pet fur 
transferable residue data derived from the study for making a decision 
to impose a more stringent regulatory restriction than could be 
justified without the data.''
    EPA asked the HSRB if they had any comments on the ethical conduct 
of the research. As noted on page 28 of the meeting minutes, 
``Committee members observed that the records from correspondence with 
EPA staff regarding the study suggest the consent form was amended to 
include disclosure to parents about the risks of pesticide exposure, 
although the final approved consent form was not available. A question 
was raised about the decision made to provide incomplete assent to the 
minor subjects following parental permission. Study documents suggest 
this was an intentional choice (`We will not explain the connection to 
the pesticide residues on the dog . . .'), which was made, according to 
study documents, in order to avoid confounding the results by causing 
alterations in the children's behavior around their dogs. Board members 
noted that the amount and type of information provided to children in 
an assent process will vary depending on the age of the child; the 
children enrolled in the study were between the ages of 3 and 11 years 
old and therefore would have had varying levels of capacity to process 
the information about the study. It was noted that FIFRA, which existed 
at the time of these studies, states that it's unlawful to use any 
pesticide in tests on humans unless they are fully informed of the 
nature and purposes of the test. Although some board members viewed the 
assent as incomplete in this case, because parents are presumed to have 
given fully-informed permission,'' and given that the flea control 
collars were ``commercially available at the time and already in use in 
the households recruited to the study, the committee felt that the 
risks of exposure were not greater than those experienced in everyday 
life. Thus, the committee did not believe this resulted in any material 
harms and so this question should not prevent the EPA from using the 
pet fur transferable residue data derived from the study for making a 
decision to impose a more stringent regulatory restriction than could 
be justified without the data.''

VII. Standards Applicable to Ethical Conduct and Reliance on Data

    With regard to the standards applicable to the conduct of the 
research, study 1 was conducted in 1998 and study 2 was conducted in 
2002, both before EPA's Rule for Protection of Human Subjects (40 CFR 
part 26, subparts B through Q) became effective in 2006. Thus, 40 CFR 
part 26, subparts B through Q, did not apply when this research was 
conducted. However, EPA's codification of the Common Rule at 40 CFR 
part 26 subpart A was in place and applies to the underlying research 
that received EPA's STAR grant funding. Key elements of the Common Rule 
include IRB oversight and prior approval, an acceptable informed 
consent process, risk minimization, a favorable risk-benefit balance, 
equitable subject selection, and fully informed and voluntary 
participation by subjects. In addition, FIFRA section 12(a)(2)(P), 
which states that it is unlawful to use any pesticide in tests on 
humans unless they are fully informed of the nature and purposes of the 
tests, as well as of any reasonably foreseeable physical and mental 
health consequences, and that participants freely volunteer, existed at 
the time of these studies. The Davis et al. research complied with the 
standards in place at the time the research was conducted.
    The substantive acceptance standards which apply to the research 
include: 40 CFR 26.1703, which, except as provided in 40 CFR 26.1706, 
prohibits relying on data involving intentional exposure of pregnant or 
nursing women or of children; 40 CFR 26.1704, which, except as provided 
in 40 CFR 26.1706, prohibits reliance on data if research was 
fundamentally unethical or deficient relative to prevailing standards 
at the time; and FIFRA section 12(a)(2)(P), which makes it unlawful to 
use a pesticide in human tests without fully informed, fully voluntary 
consent. 40 CFR 26.1706 states that EPA may rely on data that are 
unacceptable under the standards in 40 CFR 26.1703 through 26.1705 only 
if EPA has: (a) Obtained the views of the HSRB, (b) provided the 
opportunity for public comment on the proposal to rely on the otherwise 
unacceptable data, (c) determined that relying on the data is crucial 
to a decision that would impose a more stringent regulatory restriction 
to protect public health than could be justified without the data, and 
(d) published a full explanation of the decision to rely on the data, 
including a thorough discussion of the ethical deficiencies of the 
underlying research and the full rationale for finding that the 
standard in item (c) was met. Regarding 40 CFR 26.1703, study 2 
involved tee shirt and urine samples that came from children. As 
explained previously, even though EPA only intends to rely on the glove 
residue data from study 1 and study 2, which did not involve children, 
EPA chose in this case, out of an abundance of caution, to proceed 
under 40 CFR part 26, subpart Q.
    Regarding 40 CFR 26.1704, clear and convincing evidence that the 
pre-rule research was fundamentally unethical or deficient relative to 
prevailing ethics standards does not exist, and the research complied 
with FIFRA section 12(a)(2)(P). In satisfaction of 40 CFR 26.1706(a), 
EPA sought and obtained the views of the HSRB during the public HSRB 
meeting on January 12-13, 2016. The HSRB documents their views in 
meeting minutes and a final report before EPA publishes the explanation 
required by 40 CFR 26.1706(d).

[[Page 21339]]

Pursuant to 40 CFR 26.1706(b), EPA is providing an opportunity for 
public comment on EPA's proposed decision to rely on the glove residue 
data.
    Regarding 40 CFR 26.1706(c), EPA has determined that relying on the 
glove residue data from the Davis et al. research is crucial to a 
decision to potentially impose a more stringent regulatory restriction 
that would improve public health protection than could be justified 
without relying on the data, as explained in EPA's draft human health 
and ecological risk assessment for the registration review of TCVP.

VIII. Availability of HSRB Meeting Materials

    In accordance with the requirements of the Federal Advisory 
Committee Act (FACA), 5 U.S.C. Appendix 2, the minutes of the HSRB 
public meeting held on January 12-13, 2016, including a description of 
the matters discussed and conclusions reached by the Board, must be 
certified by the HSRB meeting Chair and made public within 90 days of 
the meeting. The HSRB meeting Chair in fact certified those meeting 
minutes on February 24, 2016. The HSRB also will prepare a final report 
in response to questions posed by the EPA, which will include the 
Board's review and analysis of materials presented. The approved 
minutes, final report and other materials from the January 12-13, 2016 
HSRB meeting are or will be available in docket ID number EPA-HQ-ORD-
2015-0588 and on the HSRB Web site at http://www.epa.gov/osa/human-studies-review-board.

IX. Other Related Information on TCVP

    The public can view EPA's draft human health and ecological risk 
assessment and supporting documents for the registration review of TCVP 
in the docket at http://www.regulations.gov (see docket ID number EPA-
HQ-OPP-2008-0316). Information on the Agency's registration review 
program and its implementing regulation is available at https://www.epa.gov/pesticide-reevaluation/registration-review-process.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 28, 2016.
Jack E. Housenger,
Director, Office of Pesticide Programs, Office of Chemical Safety and 
Pollution Prevention.
[FR Doc. 2016-08281 Filed 4-8-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                             21335

                                                     Dated: March 29, 2016.                               follow the instructions at http://                    accordance with procedures set forth in
                                                  David Garcia,                                           www.epa.gov/dockets/contacts.html.                    40 CFR part 2.
                                                  Deputy Director, Water Division, EPA Region                Additional instructions on                            2. Tips for preparing your comments.
                                                  6.                                                      commenting or visiting the docket,                    When preparing and submitting your
                                                                                                          along with more information about                     comments, see the commenting tips at
                                                    Dated: March 29, 2016.                                                                                      http://www.epa.gov/dockets/
                                                                                                          dockets generally, is available at
                                                  Karen Flournoy,                                         http://www.epa.gov/dockets.                           comments.html.
                                                  Director, Water, Wetlands, and Pesticides               FOR FURTHER INFORMATION CONTACT: For                     3. Environmental justice. EPA seeks to
                                                  Division, EPA Region 7.                                                                                       achieve environmental justice, the fair
                                                                                                          information on EPA’s Rule for
                                                    Dated: March 29, 2016.                                Protection of Human Subjects contact:                 treatment and meaningful involvement
                                                  Darcy O’Connor,                                         Maureen Lydon, Human Research                         of any group, including minority and/or
                                                                                                          Ethics Review Officer, Office of                      low income populations, in the
                                                  Acting Assistant Regional Administrator, EPA
                                                                                                          Pesticide Programs (7501P),                           development, implementation, and
                                                  Region 8.
                                                                                                          Environmental Protection Agency, 1200                 enforcement of environmental laws,
                                                    Dated: March 29, 2016.                                Pennsylvania Ave. NW., Washington,                    regulations, and policies. To help
                                                  Mike Montgomery                                         DC 20460–0001; telephone number:                      address potential environmental justice
                                                  Assistant Director, Water Division, EPA                 (703) 347–0440; email address:                        issues, the Agency seeks information on
                                                  Region 9.                                               lydon.maureen@epa.gov.                                any groups or segments of the
                                                                                                             For information on the EPA risk                    population who, as a result of their
                                                    Dated: March 29, 2016.                                                                                      location, cultural practices, or other
                                                  Daniel D. Opalski,
                                                                                                          assessment contact: James Parker,
                                                                                                          Chemical Review Manager, Pesticide                    factors, may have atypical or
                                                  Director, Office of Water and Watersheds,                                                                     disproportionately high and adverse
                                                  EPA Region 10.
                                                                                                          Re-Evaluation Division (7508P), Office
                                                                                                          of Pesticide Programs, Environmental                  human health impacts or environmental
                                                  [FR Doc. 2016–08276 Filed 4–8–16; 8:45 am]              Protection Agency, 1200 Pennsylvania                  effects from exposure to the pesticides
                                                  BILLING CODE 6560–50–P                                  Ave. NW., Washington, DC 20460–0001;                  discussed in this document, compared
                                                                                                          telephone number: (703) 306–0469;                     to the general population.
                                                                                                          email address: parker.james@epa.gov.                  II. Authority
                                                  ENVIRONMENTAL PROTECTION                                SUPPLEMENTARY INFORMATION:
                                                  AGENCY                                                                                                           EPA is conducting its registration
                                                                                                          I. General Information                                review of TCVP pursuant to section 3(g)
                                                  [EPA–HQ–OPP–2008–0316; FRL–9944–37]                                                                           of the Federal Insecticide, Fungicide,
                                                                                                          A. Does this action apply to me?                      and Rodenticide Act (FIFRA), 7 U.S.C.
                                                  Tetrachlorvinphos (TCVP); EPA                              This action is directed to the public              136 et seq., and the Procedural
                                                  Proposal To Rely on Data From Human                     in general, and may be of interest to a               Regulations for Registration Review at
                                                  Research on TCVP Exposure From                          wide range of stakeholders including                  40 CFR part 155, subpart C. Section 3(g)
                                                  Flea Control Collars                                    environmental, human health, farm                     of FIFRA provides, among other things,
                                                                                                          worker, and agricultural advocates; the               that the registrations of pesticides are to
                                                  AGENCY: Environmental Protection
                                                                                                          chemical industry; pesticide users; and               be reviewed every 15 years. Under
                                                  Agency (EPA).
                                                                                                          members of the public interested in the               FIFRA, a pesticide product may be
                                                  ACTION: Notice.                                         sale, distribution, or use of pesticides.             registered or remain registered only if it
                                                  SUMMARY:   In compliance with EPA’s                     Since others also may be interested, the              meets the statutory standard for
                                                  rule for protection of human subjects,                  Agency has not attempted to describe all              registration given in FIFRA section
                                                  EPA is providing an opportunity for                     the specific entities that may be affected            3(c)(5) (7 U.S.C. 136a(c)(5)). When used
                                                  public comment on EPA’s proposal to                     by this action. If you have any questions             in accordance with widespread and
                                                  rely on data from human research on                     regarding the applicability of this action            commonly recognized practice, the
                                                  tetrachlorvinphos (TCVP) exposure from                  to a particular entity, consult a contact             pesticide product must perform its
                                                  flea control collars.                                   listed under FOR FURTHER INFORMATION                  intended function without unreasonable
                                                                                                          CONTACT.                                              adverse effects on the environment; that
                                                  DATES: Comments must be received on
                                                                                                                                                                is, without any unreasonable risk to
                                                  or before May 11, 2016.                                 B. What should I consider as I prepare
                                                                                                                                                                man or the environment, or a human
                                                  ADDRESSES: Submit your comments,                        my comments for EPA?
                                                                                                                                                                dietary risk from residues that result
                                                  identified by docket identification (ID)                   1. Submitting CBI. Do not submit this              from the use of a pesticide in or on food.
                                                  number EPA–HQ–OPP–2008–0316, by                         information to EPA through
                                                  one of the following methods:                           regulations.gov or email. Clearly mark                III. EPA’s Proposal To Rely on
                                                     • Federal eRulemaking Portal: http://                the part or all of the information that               Published TCVP Human Research
                                                  www.regulations.gov. Follow the online                  you claim to be CBI. For CBI                             During the public meeting of the
                                                  instructions for submitting comments.                   information in a disk or CD–ROM that                  Human Studies Review Board (HSRB)
                                                  Do not submit electronically any                        you mail to EPA, mark the outside of the              held on January 12–13, 2016, EPA’s
                                                  information you consider to be                          disk or CD–ROM as CBI and then                        Office of Pesticide Programs provided
                                                  Confidential Business Information (CBI)                 identify electronically within the disk or            an overview and science and ethics
                                                  or other information whose disclosure is                CD–ROM the specific information that                  review of the research discussed in the
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                                                  restricted by statute.                                  is claimed as CBI. In addition to one                 article ‘‘Assessing Intermittent Pesticide
                                                     • Mail: OPP Docket, Environmental                    complete version of the comment that                  Exposure From Flea Control Collars
                                                  Protection Agency Docket Center (EPA/                   includes information claimed as CBI, a                Containing the Organophosphorus
                                                  DC), (28221T), 1200 Pennsylvania Ave.                   copy of the comment that does not                     Insecticide Tetrachlorvinphos (TCVP).’’
                                                  NW., Washington, DC 20460–0001.                         contain the information claimed as CBI                This research article was authored by M.
                                                     • Hand Delivery: To make special                     must be submitted for inclusion in the                Keith Davis, J. Scott Boone, John E.
                                                  arrangements for hand delivery or                       public docket. Information so marked                  Moran, John W. Tyler and Janice E.
                                                  delivery of boxed information, please                   will not be disclosed except in                       Chambers and published in 2008 in the


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                                                  21336                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  Journal of Exposure Science and                         conducted and meets the substantive                   involving intentional exposure of any
                                                  Environmental Epidemiology (2008) 18,                   acceptance standards. As described in                 human subject who is a pregnant
                                                  pages 564–570. EPA presented Davis et                   the Davis et al. research, the data were              woman (and therefore her fetus),
                                                  al. research to the HSRB for their                      derived in a manner that makes the                    nursing woman, or child, except as
                                                  review, along with a request for the                    research scientifically valid and are                 provided in 40 CFR 26.1706. 40 CFR
                                                  HSRB to respond to questions posed by                   appropriate for use in EPA’s risk                     26.1706 explains that EPA may rely on
                                                  EPA.                                                    assessment.                                           data that are unacceptable under the
                                                     The Davis et al. research measured                     In the Federal Register of January 20,              standards in 40 CFR 26.1703 through
                                                  TCVP exposures in children and adults                   2016 (81 FR 3128, FRL–9940–81), EPA                   26.1705 only if EPA has: (a) Obtained
                                                  that could occur from contact with pet                  sought public comment on EPA’s draft                  the views of the HSRB; (b) provided an
                                                  dogs wearing TCVP-containing flea                       human health and ecological risk                      opportunity for public comment on the
                                                  control collars. The research was based                 assessment for the registration review of             proposal to rely on the otherwise
                                                  on two studies conducted by the Center                  TCVP. The public can view the draft                   unacceptable data; (c) determined that
                                                  of Environmental Health Sciences,                       human health risk assessment and                      relying on the data is crucial to a
                                                  College of Veterinary Medicine,                         supporting documents, as well as                      decision that would impose a more
                                                  Mississippi State University (MSU).                     comments received, in the docket                      stringent regulatory restriction to protect
                                                  Although the families involved in the                   established for the reregistration review             public health than could be justified
                                                  studies already used flea collars, the                  of TCVP (see docket ID number EPA–                    without the data; and (d) published a
                                                  researchers provided specific flea                      HQ–OPP–2008–0316). EPA has                            full explanation of the decision to rely
                                                  collars to the participating families and               determined that relying on the glove                  on the data, including a thorough
                                                  asked that their dogs wear them during                  residue data from the Davis et al.                    discussion of the ethical deficiencies of
                                                  the studies.                                            research is crucial to a decision to                  the underlying research and the full
                                                     In study 1, conducted in 1998, TCVP                  potentially impose a more stringent                   rationale for finding that the standard in
                                                  residues were measured by rubbing/                      regulatory restriction that would                     item (c) was met.
                                                  petting dogs’ fur with a gloved hand.                   improve public health protection than                    EPA sought and obtained the views of
                                                  The sampling was conducted by                           could be justified without relying on the             the HSRB during the public meeting of
                                                  volunteer technicians from MSU                          data. EPA currently does not have other               the HSRB on January 12–13, 2016. The
                                                  veterinary school who stroked the                       pet collar glove residue data which are               HSRB documents their views in meeting
                                                  animals in a standardized, prescribed                   chemical-specific or that would lead to               minutes and a final report before EPA
                                                  manner, in a marked 10 x 4 inch area                    the same potential regulatory action to               publishes the explanation required by
                                                  with clean, white, cotton gloves for a                  improve public health protection. For                 40 CFR 26.1706(d). Pursuant to 40 CFR
                                                  continuous 5-minute period. The dogs                    this reason, the glove residue data are               26.1706(b), EPA is hereby providing an
                                                  were rubbed in three specific locations:                crucial to EPA’s decision.                            opportunity for public comment on
                                                  Near the base of the tail, at the neck                                                                        EPA’s proposal to rely on the TCVP
                                                  with the flea collar removed, and at the                IV. Reason for Review by the HSRB
                                                                                                                                                                glove residue data from the Davis et al.
                                                  neck with the flea collar in place. Study                  EPA chose, in this case, to obtain the             research. EPA proposes to rely on
                                                  1 also measured dog plasma                              views of the HSRB concerning EPA’s                    chemical-specific data from human
                                                  cholinesterase. There were 23 pet dogs                  proposal to rely on the TCVP glove                    research to potentially impose a more
                                                  included in this study, one from each of                residue data from studies 1 and 2 for the             stringent regulatory restriction that
                                                  the 23 participating households.                        following reasons. First, the proposal                would improve public health protection
                                                     Under study 2, conducted in 2002,                    submitted to EPA’s Science to Achieve                 than could be justified without relying
                                                  volunteer technicians from MSU                          Results (STAR) grants program for                     on the data.
                                                  veterinary school collected TCVP                        funding of the research discussed
                                                  residues by rubbing/petting dogs’ fur                   correlating the residues from the                     V. Background on Ethical Conduct of
                                                  with a gloved hand, and used the same                   rubbing procedure with the gloves, the                Research
                                                  methods as those employed by study 1.                   residues from the tee shirts worn by                     The research was funded by EPA’s
                                                  The collection of the glove residue data                children participating in the studies,                STAR grants. EPA’s Office of Research
                                                  did not involve children in either study                and the urinary metabolites of the                    and Development (ORD) reviewed the
                                                  1 or study 2. However, study 2 also                     children and adults in the participating              grant proposal, which involved human
                                                  quantified TCVP residues on tee shirts                  households and described these                        research and funding from EPA. EPA’s
                                                  worn by children and included                           activities under the umbrella of one                  ethics review of the Davis et al. research
                                                  biomonitoring of the TCVP metabolite                    research project. Moreover, although                  presented at the January HSRB meeting
                                                  2,4,5-trichloromandelic acid (TCMA) in                  EPA is relying only on the TCVP glove                 relies in part on EPA’s ORD file because
                                                  urine of participating children and                     residue data from both studies, study 2               it contains draft consent forms used
                                                  adults. Study 2 included 1 child and 1                  further involved children wearing tee                 during study 2 and recruitment
                                                  adult from each of the 22 participating                 shirts and providing urine samples, and,              information. At the January 2016 HSRB
                                                  families and 22 pet dogs.                               at least for that portion of the study, is            meeting, EPA discussed the role of the
                                                     EPA proposes to use only the glove                   considered research involving                         veterinary students, the societal value of
                                                  residue data from the Davis et al.                      intentional exposure to human subjects.               the Davis et al. research, and ethical
                                                  research in its risk assessment of TCVP                 Therefore, even though EPA does not                   considerations regarding recruitment of
                                                  because it is chemical-specific and                     wish to rely on the data involving                    study participants, the independent
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                                                  results in the highest computed risks                   children (namely the tee shirt and                    ethics review, informed consent, respect
                                                  when compared to the other data in                      urinary data), EPA chose in this case to              for subjects and compensation for
                                                  Davis et al. and all the approaches                     assume that the prohibition in 40 CFR                 participation in the study.
                                                  considered in the assessment; as a                      26.1703 and the process in 40 CFR                        EPA reviewed with the HSRB the role
                                                  result, it supports the most protective                 26.1706 apply, including submission of                of the veterinary students in rubbing the
                                                  risk characterization. The research                     the research to the HSRB for review.                  dogs. The technicians who rubbed the
                                                  complied with the ethical standards in                     40 CFR 26.1703 prohibits EPA                       dogs in study 1 and study 2 were
                                                  place at the time the studies were                      reliance on data from any research                    students enrolled at MSU’s College of


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                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                            21337

                                                  Veterinary Medicine. Both the                           enrolled in the College of Veterinary                 appreciable and of a magnitude
                                                  researchers and the Institutional Review                Medicine, or staff/faculty members of                 necessitating inclusion in cumulative
                                                  Board (IRB) viewed the veterinary                       Mississippi State University with a                   risk assessments of pesticides to
                                                  students as technicians in the study, not               child aged 4–10 years in the household                children; secondly, that the fur rubbing
                                                  as human subjects. The abstract for the                 who routinely plays with this dog.’’ It               procedure developed to quantify
                                                  research submitted to EPA for funding                   goes on to state that ‘‘students or staff             dislodgeable residues provides a useful
                                                  is included in the ORD file and states,                 should be the most reliable group of                  estimate of insecticide residues which
                                                  on page 14, that ‘‘the samplers will be                 owners (in contrast to the general                    could be transferred from the fur of dogs
                                                  trained so that consistency in the                      public) in that they are accessible daily,            to children.’’
                                                  sample collection is maintained among                   their dogs can readily be treated and                    Although the families involved
                                                  dogs and among samplers.’’ As                           sampled when the students are in class                already used flea collars registered by
                                                  discussed in the research article, the                  or the staff members are at work, and as              EPA, in the interest of transparency, it
                                                  technicians wore gloves and stroked the                 members of the academic community,                    would have been preferable for the
                                                  animals in a standardized, prescribed                   the compliance and appreciation of the                researchers to have shared their
                                                  manner: ‘‘in a marked 10 x 4 inch area                  value of research should be high.’’                   hypothesis with the parents of the
                                                  with clean, white, cotton gloves for a                  EPA’s file further states that ‘‘dogs                 participating children and included it in
                                                  continuous 5-min period.’’ The dogs                     participating in this study must be                   the consent form. It is unknown
                                                  were rubbed in specific locations (near                 enrolled in the Small Animal                          whether the information was stated in
                                                  the base of the tail, at the neck with                  Community Practice Health                             the protocol provided to the families.
                                                  collar removed, and at the neck with the                Maintenance Program, so that their                    The Minor’s Assent Form states that the
                                                  collar in place). Under 40 CFR                          health status and vaccination history are             researchers ‘‘will specifically obtain
                                                  26.1102(e), the term ‘‘human subject’’ is               known.’’                                              assent from the children recruited to our
                                                  defined, in part, as ‘‘a living individual                                                                    project . . . We will explain that the
                                                                                                             Regarding the independent ethics
                                                  about whom an investigator . . .                                                                              child’s parent or guardian has given us
                                                                                                          review, the IRB for Research on Human
                                                  conducting research obtains . . .                                                                             permission to request his/her help
                                                                                                          Subjects at MSU reviewed and approved
                                                  data through intervention or                                                                                  participation (sic) in the research
                                                                                                          the sampling protocols and consent
                                                  interaction. . . .’’ The Primary                                                                              project. We will then explain the urine
                                                                                                          forms, and the EPA’s ORD, the National
                                                  Investigator for the research confirmed                                                                       collection protocol and the tee shirt
                                                                                                          Center for Environmental Research and                 protocol to the children in language
                                                  that she did not obtain data about the                  Quality Assurance (NCERQA) reviewed
                                                  technicians, nor did she intend to do so.                                                                     appropriate to the age of the child and
                                                                                                          the STAR grant proposal focusing on                   obtain his/her assent to participate. We
                                                  The pattern of rubbing does not                         this research. ORD supported the
                                                  resemble the typical human-pet                                                                                will not explain the connection to the
                                                                                                          research dependent on the                             pesticide residues on the dog so as not
                                                  interaction or provide information about                incorporation of NCERQA comments on
                                                  how a person would normally interact                                                                          to alter the behavior of the child with
                                                                                                          the consent forms. The protocol was                   the dog. We will obtain the children’s
                                                  with a pet. EPA noted during the HSRB                   distributed to each participating
                                                  meeting that the researchers were not                                                                         assent orally because of the age range of
                                                                                                          household, informed consent was                       the children involved.’’
                                                  collecting data about the technicians in                obtained from the adults, and children                   The researchers demonstrated respect
                                                  this study and concluded that there is                  were informed verbally of the                         for subjects participating in the study in
                                                  no indication from the research article,                procedures and oral or written assent                 several ways. The researchers: Did not
                                                  the ORD file or EPA’s interview with the                was obtained from them. The IRB for                   reveal subjects’ identities; obtained
                                                  Primary Investigator that the study                     Research on Human Subjects at MSU                     informed consent from participating
                                                  collected data about the veterinary                     approved all sampling protocols and                   subjects; provided light weight short-
                                                  students who worked as technicians in                   informed consent forms. The ORD file                  sleeve tee shirts to children for use
                                                  the study. Instead, the researchers                     contains a draft consent form for adults              during the study; gave written assurance
                                                  collected data only about the residues                  and a Minor’s Assent Form. The consent                that urine samples would only be used
                                                  on the glove as an indication of how                    form states that the study involves                   to quantify insecticide urinary
                                                  much residue was available for transfer                 research and identifies its purpose,                  metabolites; and provided
                                                  from the pet.                                           expected duration, number of urine and                compensation for participation in the
                                                     With regard to the societal value of                 tee shirt samples to be provided, states              study. Compensation included $100
                                                  the Davis et al. research, the objective                that research results will be coded,                  equivalent of veterinary care provided
                                                  was to assess the amount of exposure to                 participants are free to withdraw,                    by the Animal Health Center of MSU
                                                  TCVP that could occur in children and                   provides a contact for information, and               College of Veterinary Medicine and
                                                  adults from the use of a TCVP-                          specifies compensation of $150 for each               $150 to participating households in
                                                  containing collar on a pet dog.                         participating household. The consent                  Study 2.
                                                  Regarding recruitment, the research                     form, entitled ‘‘Authorization for
                                                  article states that ‘‘the studies were                  Participation in Research Project,’’ also             VI. Summary of Discussion on Ethics-
                                                  conducted in Oktibbeha County,                          states that ‘‘no risks are anticipated to             Related Questions
                                                  Mississippi (USA), with volunteer                       the participants.’’ The implication is                   As documented on page 27 of the
                                                  households having pet dogs’’ and that                   that since families already used flea                 minutes of the January 2016 HSRB
                                                  ‘‘participating families were volunteers                collars on their dogs, there was no                   meeting, in response to EPA’s science
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                                                  who routinely used flea control                         added risk from participating in the                  charge question, the HSRB stated that,
                                                  products on their pet dogs.’’ ‘‘One child               study. In the abstract that the                       ‘‘The research is scientifically sound
                                                  and one adult were selected from each                   researchers submitted to ORD, however,                and, if used appropriately, the pet fur
                                                  participating family’’ for study 2, which               page 4 states that ‘‘the residues of                  transferable residue data from the
                                                  included 44 subjects. EPA’s file on the                 insecticides available for intermittent               rubbing protocol can provide useful
                                                  STAR grant, page 13, states that: ‘‘Dogs                transfer to children from the fur of dogs             information for evaluating potential
                                                  selected for this study will be owned by                treated by either a spot treatment or a               exposures of adults and children from
                                                  professional (DVM) or graduate students                 collar for flea control will be                       contact with dogs treated with


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                                                  21338                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  tetrachlorvinphos containing pet                        question was raised about the decision                In addition, FIFRA section 12(a)(2)(P),
                                                  collars.’’ The HSRB noted that, ‘‘the                   made to provide incomplete assent to                  which states that it is unlawful to use
                                                  limitations of the data would be                        the minor subjects following parental                 any pesticide in tests on humans unless
                                                  discussed in the Board’s report.’’ The                  permission. Study documents suggest                   they are fully informed of the nature
                                                  minutes of the January 12–13, 2016                      this was an intentional choice (‘We will              and purposes of the tests, as well as of
                                                  public HSRB meeting are available on                    not explain the connection to the                     any reasonably foreseeable physical and
                                                  the HSRB Web site at http://                            pesticide residues on the dog . . .’),                mental health consequences, and that
                                                  www.epa.gov/osa/january-12-13-2016-                     which was made, according to study                    participants freely volunteer, existed at
                                                  meeting-human-studies-review-board.                     documents, in order to avoid                          the time of these studies. The Davis et
                                                     The EPA also asked the HSRB if they                  confounding the results by causing                    al. research complied with the standards
                                                  had any comments on the determination                   alterations in the children’s behavior                in place at the time the research was
                                                  that the samplers (who petted/rubbed                    around their dogs. Board members                      conducted.
                                                  the dogs) were not human subjects.                      noted that the amount and type of                        The substantive acceptance standards
                                                  During the public meeting, as                           information provided to children in an                which apply to the research include: 40
                                                  documented on pages 27–28 of the                        assent process will vary depending on                 CFR 26.1703, which, except as provided
                                                  minutes, ‘‘Questions were raised by                     the age of the child; the children                    in 40 CFR 26.1706, prohibits relying on
                                                  several committee members about the                     enrolled in the study were between the                data involving intentional exposure of
                                                  PI’s ([primary investigator’s) and the                  ages of 3 and 11 years old and therefore              pregnant or nursing women or of
                                                  IRB’s (Institutional Review Board’s)                    would have had varying levels of                      children; 40 CFR 26.1704, which, except
                                                  determinations that the samplers were                   capacity to process the information                   as provided in 40 CFR 26.1706,
                                                  not human subjects in the study; rather                 about the study. It was noted that                    prohibits reliance on data if research
                                                  they were viewed as study staff. Some                   FIFRA, which existed at the time of                   was fundamentally unethical or
                                                  members of the board asserted that the                  these studies, states that it’s unlawful to           deficient relative to prevailing standards
                                                  students/technicians, by virtue of being                use any pesticide in tests on humans                  at the time; and FIFRA section
                                                  potentially exposed to the pesticide as                 unless they are fully informed of the                 12(a)(2)(P), which makes it unlawful to
                                                  part of the conduct of the study, should                nature and purposes of the test.                      use a pesticide in human tests without
                                                  have been considered human subjects.                    Although some board members viewed                    fully informed, fully voluntary consent.
                                                  Furthermore, if they had been treated as                the assent as incomplete in this case,                40 CFR 26.1706 states that EPA may rely
                                                  subjects, they might have been                          because parents are presumed to have                  on data that are unacceptable under the
                                                  considered ‘vulnerable’ due to their                    given fully-informed permission,’’ and                standards in 40 CFR 26.1703 through
                                                  status as students.’’ The HSRB noted                    given that the flea control collars were              26.1705 only if EPA has: (a) Obtained
                                                  that the flea control collars were                      ‘‘commercially available at the time and              the views of the HSRB, (b) provided the
                                                  ‘‘commercially available at the time, and               already in use in the households                      opportunity for public comment on the
                                                  that the potential exposure to the                      recruited to the study, the committee                 proposal to rely on the otherwise
                                                  pesticide residues through petting the                  felt that the risks of exposure were not              unacceptable data, (c) determined that
                                                  dogs for 5 minute periods wearing                       greater than those experienced in                     relying on the data is crucial to a
                                                  cotton gloves was likely much less than                 everyday life. Thus, the committee did                decision that would impose a more
                                                  average exposure of a pet owner. There                  not believe this resulted in any material             stringent regulatory restriction to protect
                                                  is no information available about                       harms and so this question should not                 public health than could be justified
                                                  whether there was any ‘bleed through’                   prevent the EPA from using the pet fur                without the data, and (d) published a
                                                  of pesticide from the cotton gloves to                  transferable residue data derived from                full explanation of the decision to rely
                                                  the skin of the samplers and therefore                  the study for making a decision to                    on the data, including a thorough
                                                  the actual exposure is unknown.                         impose a more stringent regulatory                    discussion of the ethical deficiencies of
                                                  Considering all of these factors, the                   restriction than could be justified                   the underlying research and the full
                                                  committee felt that the risks of exposure               without the data.’’                                   rationale for finding that the standard in
                                                  were not greater than those experienced                                                                       item (c) was met. Regarding 40 CFR
                                                  in everyday life. Thus, even if the                     VII. Standards Applicable to Ethical                  26.1703, study 2 involved tee shirt and
                                                  determination regarding the status of the               Conduct and Reliance on Data                          urine samples that came from children.
                                                  samplers as study staff rather than                        With regard to the standards                       As explained previously, even though
                                                  subjects was mistaken, the committee                    applicable to the conduct of the                      EPA only intends to rely on the glove
                                                  did not believe this resulted in any                    research, study 1 was conducted in 1998               residue data from study 1 and study 2,
                                                  material harms and so this question                     and study 2 was conducted in 2002,                    which did not involve children, EPA
                                                  should not prevent the EPA from using                   both before EPA’s Rule for Protection of              chose in this case, out of an abundance
                                                  the pet fur transferable residue data                   Human Subjects (40 CFR part 26,                       of caution, to proceed under 40 CFR
                                                  derived from the study for making a                     subparts B through Q) became effective                part 26, subpart Q.
                                                  decision to impose a more stringent                     in 2006. Thus, 40 CFR part 26, subparts                  Regarding 40 CFR 26.1704, clear and
                                                  regulatory restriction than could be                    B through Q, did not apply when this                  convincing evidence that the pre-rule
                                                  justified without the data.’’                           research was conducted. However,                      research was fundamentally unethical
                                                     EPA asked the HSRB if they had any                   EPA’s codification of the Common Rule                 or deficient relative to prevailing ethics
                                                  comments on the ethical conduct of the                  at 40 CFR part 26 subpart A was in                    standards does not exist, and the
                                                  research. As noted on page 28 of the                    place and applies to the underlying                   research complied with FIFRA section
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                                                  meeting minutes, ‘‘Committee members                    research that received EPA’s STAR grant               12(a)(2)(P). In satisfaction of 40 CFR
                                                  observed that the records from                          funding. Key elements of the Common                   26.1706(a), EPA sought and obtained the
                                                  correspondence with EPA staff                           Rule include IRB oversight and prior                  views of the HSRB during the public
                                                  regarding the study suggest the consent                 approval, an acceptable informed                      HSRB meeting on January 12–13, 2016.
                                                  form was amended to include disclosure                  consent process, risk minimization, a                 The HSRB documents their views in
                                                  to parents about the risks of pesticide                 favorable risk-benefit balance, equitable             meeting minutes and a final report
                                                  exposure, although the final approved                   subject selection, and fully informed                 before EPA publishes the explanation
                                                  consent form was not available. A                       and voluntary participation by subjects.              required by 40 CFR 26.1706(d).


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                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                            21339

                                                  Pursuant to 40 CFR 26.1706(b), EPA is                   ENVIRONMENTAL PROTECTION                              docket ID number listed in the table in
                                                  providing an opportunity for public                     AGENCY                                                Unit III.A. for the pesticide of interest.
                                                  comment on EPA’s proposed decision to                                                                           For general information contact:
                                                  rely on the glove residue data.                         [EPA–HQ–OPP–2015–0762; FRL–9943–48]                   Richard Dumas, Pesticide Re-Evaluation
                                                                                                                                                                Division (7508P), Office of Pesticide
                                                    Regarding 40 CFR 26.1706(c), EPA has                  Registration Review; Conventional,                    Programs, Environmental Protection
                                                  determined that relying on the glove                    Biopesticide and Antimicrobial                        Agency, 1200 Pennsylvania Ave. NW.,
                                                  residue data from the Davis et al.                      Dockets Opened for Review and                         Washington, DC 20460–0001; telephone
                                                  research is crucial to a decision to                    Comment                                               number: (703) 308–8015; fax number:
                                                  potentially impose a more stringent                                                                           (703) 308–8090; email address:
                                                  regulatory restriction that would                       AGENCY: Environmental Protection
                                                                                                                                                                dumas.richard@epa.gov.
                                                  improve public health protection than                   Agency (EPA).
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  could be justified without relying on the               ACTION: Notice.
                                                  data, as explained in EPA’s draft human                                                                       I. General Information
                                                  health and ecological risk assessment                   SUMMARY:    With this document, EPA is
                                                                                                          opening the public comment period for                 A. Does this action apply to me?
                                                  for the registration review of TCVP.
                                                                                                          several registration reviews. Registration               This action is directed to the public
                                                  VIII. Availability of HSRB Meeting                      review is EPA’s periodic review of                    in general, and may be of interest to a
                                                  Materials                                               pesticide registrations to ensure that                wide range of stakeholders including
                                                                                                          each pesticide continues to satisfy the               environmental, human health,
                                                    In accordance with the requirements                   statutory standard for registration, that             farmworker, and agricultural advocates;
                                                  of the Federal Advisory Committee Act                   is, the pesticide can perform its                     the chemical industry; pesticide users;
                                                  (FACA), 5 U.S.C. Appendix 2, the                        intended function without unreasonable                and members of the public interested in
                                                  minutes of the HSRB public meeting                      adverse effects on human health or the                the sale, distribution, or use of
                                                  held on January 12–13, 2016, including                  environment. Registration review                      pesticides. Since others also may be
                                                  a description of the matters discussed                  dockets contain information that will                 interested, the Agency has not
                                                  and conclusions reached by the Board,                   assist the public in understanding the                attempted to describe all the specific
                                                  must be certified by the HSRB meeting                   types of information and issues that the              entities that may be affected by this
                                                  Chair and made public within 90 days                    Agency may consider during the course                 action.
                                                  of the meeting. The HSRB meeting Chair                  of registration reviews. Through this
                                                                                                          program, EPA is ensuring that each                    B. What should I consider as I prepare
                                                  in fact certified those meeting minutes                                                                       my comments for EPA?
                                                  on February 24, 2016. The HSRB also                     pesticide’s registration is based on
                                                  will prepare a final report in response                 current scientific and other knowledge,                  1. Submitting CBI. Do not submit this
                                                  to questions posed by the EPA, which                    including its effects on human health                 information to EPA through
                                                  will include the Board’s review and                     and the environment.                                  regulations.gov or email. Clearly mark
                                                                                                          DATES: Comments must be received on                   the part or all of the information that
                                                  analysis of materials presented. The
                                                                                                          or before June 10, 2016.                              you claim to be CBI. For CBI
                                                  approved minutes, final report and
                                                                                                                                                                information in a disk or CD–ROM that
                                                  other materials from the January 12–13,                 ADDRESSES: Submit your comments
                                                                                                                                                                you mail to EPA, mark the outside of the
                                                  2016 HSRB meeting are or will be                        identified by the docket identification
                                                                                                                                                                disk or CD–ROM as CBI and then
                                                  available in docket ID number EPA–                      (ID) number for the specific pesticide of
                                                                                                                                                                identify electronically within the disk or
                                                  HQ–ORD–2015–0588 and on the HSRB                        interest provided in the table in Unit III.
                                                                                                                                                                CD–ROM the specific information that
                                                  Web site at http://www.epa.gov/osa/                     A., by one of the following methods:
                                                                                                                                                                is claimed as CBI. In addition to one
                                                  human-studies-review-board.                                • Federal eRulemaking Portal: http://
                                                                                                                                                                complete version of the comment that
                                                                                                          www.regulations.gov. Follow the online
                                                  IX. Other Related Information on TCVP                                                                         includes information claimed as CBI, a
                                                                                                          instructions for submitting comments.
                                                                                                                                                                copy of the comment that does not
                                                                                                          Do not submit electronically any
                                                    The public can view EPA’s draft                                                                             contain the information claimed as CBI
                                                                                                          information you consider to be
                                                  human health and ecological risk                                                                              must be submitted for inclusion in the
                                                                                                          Confidential Business Information (CBI)
                                                  assessment and supporting documents                                                                           public docket. Information so marked
                                                                                                          or other information whose disclosure is
                                                  for the registration review of TCVP in                                                                        will not be disclosed except in
                                                                                                          restricted by statute.
                                                  the docket at http://www.regulations.gov                                                                      accordance with procedures set forth in
                                                                                                             • Mail: OPP Docket, Environmental
                                                  (see docket ID number EPA–HQ–OPP–                                                                             40 CFR part 2.
                                                                                                          Protection Agency Docket Center (EPA/                    2. Tips for preparing your comments.
                                                  2008–0316). Information on the                          DC), (28221T), 1200 Pennsylvania Ave.
                                                  Agency’s registration review program                                                                          When preparing and submitting your
                                                                                                          NW., Washington, DC 20460–0001.                       comments, see the commenting tips at
                                                  and its implementing regulation is                         • Hand Delivery: To make special                   http://www.epa.gov/dockets/
                                                  available at https://www.epa.gov/                       arrangements for hand delivery or                     comments.html.
                                                  pesticide-reevaluation/registration-                    delivery of boxed information, please                    3. Environmental justice. EPA seeks to
                                                  review-process.                                         follow the instructions at http://                    achieve environmental justice, the fair
                                                     Authority: 7 U.S.C. 136 et seq.                      www.epa.gov/dockets/contacts.html.                    treatment and meaningful involvement
                                                                                                          Additional instructions on commenting                 of any group, including minority and/or
                                                     Dated: March 28, 2016.                               or visiting the docket, along with more
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                                                                                                                                                                low income populations, in the
                                                  Jack E. Housenger,                                      information about dockets generally, is               development, implementation, and
                                                  Director, Office of Pesticide Programs, Office          available at http://www.epa.gov/                      enforcement of environmental laws,
                                                  of Chemical Safety and Pollution Prevention.            dockets.                                              regulations, and policies. To help
                                                  [FR Doc. 2016–08281 Filed 4–8–16; 8:45 am]              FOR FURTHER INFORMATION CONTACT:      For             address potential environmental justice
                                                  BILLING CODE 6560–50–P                                  pesticide specific information contact:               issues, the Agency seeks information on
                                                                                                          The person identified as a contact in the             any groups or segments of the
                                                                                                          table in Unit III.A. Also include the                 population who, as a result of their


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Document Created: 2016-04-09 00:11:37
Document Modified: 2016-04-09 00:11:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received on or before May 11, 2016.
ContactFor information on EPA's Rule for Protection of Human Subjects contact: Maureen Lydon, Human Research Ethics Review Officer, Office of Pesticide Programs (7501P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0440; email
FR Citation81 FR 21335 

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