81_FR_27106 81 FR 27019 - Fluxapyroxad; Pesticide Tolerances

81 FR 27019 - Fluxapyroxad; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 87 (May 5, 2016)

Page Range27019-27025
FR Document2016-10581

This regulation establishes tolerances for residues of fluxapyroxad in or on multiple commodities which are identified and discussed later in this document. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 81 Issue 87 (Thursday, May 5, 2016)
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27019-27025]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0324; FRL-9945-48]


Fluxapyroxad; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
fluxapyroxad in or on multiple commodities which are identified and 
discussed later in this document. BASF Corporation requested these 
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective May 5, 2016. Objections and 
requests for hearings must be received on or before July 5, 2016, and 
must be filed in accordance with the instructions provided in 40 CFR 
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2015-0324, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Government 
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP 
test guidelines referenced in this document electronically, please go 
to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2015-0324 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
July 5, 2016. Addresses for mail and hand delivery of objections and 
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2015-0324, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please

[[Page 27020]]

follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-for Tolerance

    In the Federal Register of August 26, 2015 (80 FR 51759) (FRL-9931-
74), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 
5F8344) by BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 
27709. The petition requested that 40 CFR 180.666 be amended by 
establishing tolerances for residues of the fungicide fluxapyroxad, in 
or on citrus, dried pulp at 2.7 parts per million (ppm); citrus oil at 
19 ppm; fruit, citrus group 10-10 at 1.0 ppm; grass forage, fodder and 
hay group 17 at 30 ppm; non-grass animal feed, group 18 at 30 ppm; and 
poultry, fat at 0.005 ppm. The petition also requested that the 
existing tolerance for residues of fluxapyroxad on egg be amended from 
0.002 ppm to 0.01 ppm and that the tolerance for inadvertent residues 
of fluxapyroxad on nongrass animal feeds, group 18 at 0.3 ppm be 
removed upon establishment of the superceding group 18 tolerance. That 
document referenced a summary of the petition prepared by BASF 
Corporation, the registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the 
notice of filing.
    Based upon review of the data supporting the petition, EPA has 
recommended tolerances for poultry meat, poultry meat byproduct, and 
milk fat for which there were no established tolerances previously due 
to low dietary burden and falling under category 3 of CFR 180.6(a). The 
reason for these changes are explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

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

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children.
    Fluxapyroxad is of low acute toxicity by the oral, dermal and 
inhalation routes, is not irritating to the eyes and skin, and is not a 
dermal sensitizer. The primary target organ for fluxapyroxad exposure 
via the oral route is the liver with secondary toxicity in the thyroid 
for rats only. Liver toxicity was observed in rats, mice, and dogs, 
with rats as the most sensitive species for all durations of exposure. 
In rats, adaptive effects of hepatocellular hypertrophy and increased 
liver weights and changes in liver enzyme activities were first 
observed. As the dose or duration of exposure to fluxapyroxad 
increased, clinical chemistry changes related to liver function also 
occurred, followed by hepatocellular necrosis, neoplastic changes in 
the liver, and tumors. Thyroid effects were observed only in rats. 
These effects were secondary to changes in liver enzyme regulation, 
which increased metabolism of thyroid hormone, resulting in changes in 
thyroid hormones, thyroid follicular hypertrophy and hyperplasia, and 
thyroid tumor formation. Tumors were not observed in species other than 
rats or in organs other than the liver and thyroid.
    Fluxapyroxad is classified as ``Not likely to be Carcinogenic to 
Humans'' based on convincing evidence that carcinogenic effects are not 
likely below a defined dose range. There is no mutagenicity concern 
from in vivo or in vitro assays. The hypothesized mode of action (i.e., 
a non-genotoxic) for treatment related tumors (i.e., the liver and 
thyroid) was supported by a full panel of in vitro and in vivo studies 
that showed no evidence of genotoxicity, together with mechanistic 
studies in the liver and thyroid of rats that satisfied stringent 
criteria for establishing tumorigenic modes of action. The studies 
clearly identified the sequence of key events, dose-response 
concordance and temporal relationship to the tumor types. The Agency 
has determined that the chronic population adjusted dose (PAD) will 
adequately account for all chronic effects, including carcinogenicity 
that could result from exposure to fluxapyroxad because the points of 
departure (POD) for the chronic population adjusted dose (cPAD) is 
based on the most sensitive endpoint, liver effects. Effects in the 
liver preceded liver tumors and the effects observed in the thyroid (in 
rats only) were believed to be secondary to the liver effects.
    No evidence of neurotoxicity was observed in response to repeated 
administration of fluxapyroxad. An acute neurotoxicity study showed 
decreased rearing and motor activity. This occurred on the day of 
dosing only and in the absence of histopathological effects or 
alterations in brain weights. This indicated that any neurotoxic 
effects of fluxapyroxad are likely to be transient and reversible due 
to alterations in neuropharmacology and not from neuronal damage. There 
were no neurotoxic effects observed in the subchronic dietary toxicity 
study. No evidence of reproductive toxicity was observed. Developmental 
effects observed in both rats and mice (thyroid follicular hypertrophy 
and hyperplasia in rats and decreased defecation, food consumption, 
body weight/body weight gain, and increased litter loss in rabbits) 
occurred at the same doses as those that caused adverse effects in 
maternal animals, indicating no quantitative susceptibility. Since the 
maternal toxicities of thyroid hormone perturbation in rats and 
systemic toxicity in rabbits likely contributed to the observed 
developmental effects there is low concern for qualitative 
susceptibility. An immunotoxicity study in mice showed no evidence of 
immunotoxic effects from fluxapyroxad.
    Subchronic oral toxicity studies in rats, developmental toxicity 
studies in rabbits, and in vitro and in vivo genotoxicity studies were 
performed for fluxapyroxad metabolites F700F001, M700F002, and 
M700F048. Like

[[Page 27021]]

fluxapyroxad, no genotoxic effects were observed for any of these 
metabolites. All three metabolites displayed lower subchronic toxicity 
via the oral route than fluxapyroxad, with evidence of non-specific 
toxicity (decreased body weight) observed only for M700F0048 at the 
limit dose. Only M700F0048 exhibited developmental toxicity at doses 
similar to those that caused developmental effects in rabbits with 
fluxapyroxad treatment. However, these effects (abortions and 
resorptions) were of a different nature than for fluxapyroxad (paw 
hyperflexion) and are considered secondary to maternal toxicity. The 
Agency considers these studies sufficient for hazard identification and 
characterization and concludes that these metabolites do not have 
hazards that exceed those of fluxapyroxad in nature, severity, or 
potency.
    Specific information on the studies received and the nature of the 
adverse effects caused by fluxapyroxad as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document, ``Human Health Risk Assessment for Use 
of Fluxaproxad on Citrus Crop Group 10-10, Grass Crop Group 17, and 
Non-Grass Crop Group 18.'' on pp. 56 in docket ID number EPA-HQ-OPP-
2012-0638.

B. Toxicological Points of Departure/Levels of Concern

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

 Table 1--Summary of Toxicological Doses and Endpoints for Fluxapyroxad for Use in Dietary, Residential and Non-
                                   Occupational Human Health Risk Assessments
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                                                  Uncertainty/   RfD, PAD, level
      Exposure/scenario            Point of       FQPA safety     of concern for      Study and toxicological
                                  departure         factors      risk assessment              effects
----------------------------------------------------------------------------------------------------------------
Acute Dietary (General         NOAEL = 125 mg/  UFA = 10x        Acute RfD =      Acute neurotoxicity study in
 Population, including          kg/day.         UFH = 10x......   1.25 mg/kg/day.  rats.
 Infants and Children and                       FQPA SF = 1x...  aPAD = 1.25 mg/  LOAEL = 500 mg/kg/day based on
 Females 13-49 years of age).                                     kg/day.          decreased motor activity
                                                                                   (both sexes) and decreased
                                                                                   rearing (males only).
----------------------------------------------------------------------------------------------------------------
Chronic Dietary (All           NOAEL = 2.1 mg/  UFA = 10x        Chronic RfD =    Chronic toxicity/
 Populations).                  kg/day.         UFH = 10x......   0.021 mg/kg/     carcinogenicity study in
                                                FQPA SF = 1x...   day.             rats.
                                                                 cPAD = 0.021 mg/ LOAEL = 11 mg/kg/day based on
                                                                  kg/day.          non-neoplastic changes in the
                                                                                   liver (foci, masses).
----------------------------------------------------------------------------------------------------------------
Incidental Oral Short-Term (1- NOAEL = 7.3mg/   UFA = 10x        Residential LOC  90-day dietary study in rats.
 30 days).                      kg/day.         UFH = 10x......   for MOE = 100.  MIRD 47923567.
                                                FQPA SF = 1x...                   LOAEL = 35.1 mg/kg/day based
                                                                                   on thyroid follicular
                                                                                   hypertrophy/hyperplasia.
----------------------------------------------------------------------------------------------------------------
Dermal Short- and                                            No hazard identified.
 Intermediate-Term.
----------------------------------------------------------------------------------------------------------------
Inhalation, Short-Term (1-30   NOAEL = 7.3 mg/  UFA = 10x        Residential LOC  90-day dietary study in rats.
 days) and Intermediate-term    kg/day.         UFH = 10x......   for MOE = 100.  MIRD 47923567.
 (1-6 months).                                  FQPA SF = 1x...                   LOAEL = 35.1 mg/kg/day based
                                                                                   on thyroid follicular
                                                                                   hypertrophy/hyperplasia.
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal,             Classification: Not likely to be carcinogenic to humans below a defined dose
 inhalation).                                                        range.
----------------------------------------------------------------------------------------------------------------
Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data
  and used to mark the beginning of extrapolation to determine risk associated with lower environmentally
  relevant human exposures. NOAEL = no observed adverse effect level. LOAEL = lowest observed adverse effect
  level. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential
  variation in sensitivity among members of the human population (intraspecies). FQPA SF = FQPA Safety Factor.
  PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. MOA = mode of action.


[[Page 27022]]

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to fluxapyroxad, EPA considered exposure under the petitioned-
for tolerances as well as all existing fluxapyroxad tolerances in 40 
CFR 180.666. EPA assessed dietary exposures from fluxapyroxad in food 
as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a 1-day or single exposure. Such effects were identified 
for fluxapyroxad. In estimating acute dietary exposure, EPA used food 
consumption information from the United States Department of 
Agriculture (USDA) 2003-2008 Nationwide Continuing Surveys of Food 
Intake by Individuals (CSFII). As to residue levels in food, EPA used 
tolerance-level residues adjusted to account for the metabolites of 
concern (M700F008, and M700F010 (milk only)) and 100 percent crop 
treated (PCT) assumptions were used. DEEM default and empirical 
processing factors were used to modify the tolerance values.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA 2003-2008 
CSFII. As to residue levels in food, a moderately refined chronic 
dietary exposure analysis was performed for the general U.S. population 
and various population subgroups. Combined average residue for parent 
and highest residue for metabolite M700F008 and 100 PCT assumptions 
were used. For livestock commodities tolerance-level residues adjusted 
to account for the metabolites of concern (M700F008, M700F010) were 
used. An assumption of 100 PCT was also used for the chronic dietary 
analysis. DEEM default and empirical processing factors were used to 
modify the tolerance values.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that fluxapyroxad does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and 
information on the anticipated residue levels of pesticide residues in 
food and the actual levels of pesticide residues that have been 
measured in food. If EPA relies on such information, EPA must require 
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after 
the tolerance is established, modified, or left in effect, 
demonstrating that the levels in food are not above the levels 
anticipated. For the present action, EPA will issue such data call-ins 
as are required by FFDCA section 408(b)(2)(E) and authorized under 
FFDCA section 408(f)(1). Data will be required to be submitted no later 
than 5 years from the date of issuance of these tolerances.
    The Agency did not use PCT information in the dietary assessment 
for fluxapyroxad; 100 PCT was assumed for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening-
level water exposure models in the dietary exposure analysis and risk 
assessment for fluxapyroxad in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of fluxapyroxad. Further information regarding EPA 
drinking water models used in pesticide exposure assessment can be 
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Pesticide Root Zone Model Ground Water (PRZM GW), the 
estimated drinking water concentrations (EDWCs) of fluxapyroxad for 
acute exposures are 127 ppb parts per billion (ppb) for surface water 
and 203 ppb for ground water. The EDWCs for chronic exposures for non-
cancer assessments are 127 ppb for surface water and 188 ppb for ground 
water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For acute dietary risk 
assessment, the water concentration value of 203 ppb was used to assess 
the contribution to drinking water. For chronic dietary risk 
assessment, the water concentration value of 184 ppb was used to assess 
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    There are no residential exposure associated with the proposed uses 
in this action; however, there are existing turf uses that were 
previously assessed for fluxapyroxad. Although the Agency had conducted 
a residential exposure assessment for previous fluxapyroxad actions, 
the Agency completed an updated turf assessment to reflecting an update 
in the single maximum application rate from 2.47 pounds active 
ingredient/gallon (lb ai/gallon) to 0.005 lb ai/gallon. The present 
assessment assumed the following exposure scenarios:
     Residential handler: The Agency assessed inhalation 
exposures to adults from applications only because fluxapyroxad does 
not pose a dermal risk. Residential handler exposure is expected to be 
short-term in duration. Intermediate-term exposures are not likely 
because of the intermittent nature of applications by homeowners.
     Post-application exposures: Dermal exposures were not 
assessed because there is no identified systemic dermal hazard for 
fluxapyroxad. Post-application inhalation exposure while engaged in 
activities on or around previously treated turf is generally not 
quantitatively assessed. The combination of low vapor pressure for 
chemicals typically used as active ingredients in outdoor residential 
pesticide products and dilution in outdoor air is likely to result in 
minimal inhalation exposure. Incidental oral exposure for children is 
anticipated. The quantitative oral exposure/risk assessment for 
residential post-application exposures is based on the incidental oral 
scenario for children 1<2.
    Further information regarding EPA standard assumptions and generic 
inputs for residential exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA has not found fluxapyroxad to share a common mechanism of 
toxicity with any other substances, and fluxapyroxad does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
fluxapyroxad does not have a common mechanism of toxicity with other 
substances. For information regarding EPA's efforts to determine which 
chemicals have a common mechanism of toxicity and to evaluate the 
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

 D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply

[[Page 27023]]

an additional tenfold (10X) margin of safety for infants and children 
in the case of threshold effects to account for prenatal and postnatal 
toxicity and the completeness of the database on toxicity and exposure 
unless EPA determines based on reliable data that a different margin of 
safety will be safe for infants and children. This additional margin of 
safety is commonly referred to as the FQPA Safety Factor (SF). In 
applying this provision, EPA either retains the default value of 10X, 
or uses a different additional safety factor when reliable data 
available to EPA support the choice of a different factor.
    2. Prenatal and postnatal sensitivity. No evidence of quantitative 
susceptibility was observed in a reproductive and developmental 
toxicity study in rats or in developmental toxicity studies in rats and 
rabbits. Developmental toxicity data in rats showed decreased body 
weight and body weight gain in the offspring at the same dose levels 
that caused thyroid follicular hypertrophy/hyperplasia in parental 
animals. Effects in rabbits were limited to paw hyperflexion, a 
malformation that is not considered to result from a single exposure 
and that usually reverses as the animal matures. Developmental effects 
observed in both rats and rabbits occurred at the same doses as those 
that caused adverse effects in maternal animals, indicating no 
quantitative susceptibility. The Agency has low concern for 
developmental toxicity because the observed effects were of low 
severity, were likely secondary to maternal toxicity, and demonstrated 
clear NOAELs. Further, the NOAELs for these effects were at dose levels 
higher than the points of departure selected for risk assessment for 
repeat-exposure scenarios. Therefore, based on the available data and 
the selection of risk assessment endpoints that are protective of 
developmental effects, there are no residual uncertainties with regard 
to pre- and/or postnatal toxicity.
    3. Conclusion. EPA has determined that reliable data show the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1X. That decision is based on the following 
findings:
    i. The toxicity database for fluxapyroxad is complete.
    ii. There is no indication that fluxapyroxad is a neurotoxic 
chemical and there is no need for a developmental neurotoxicity study 
or additional UFs to account for neurotoxicity. Although an acute 
neurotoxicity study showed decreased rearing and motor activity, this 
occurred on the day of dosing only in the absence of histopathological 
effects or alterations in brain weights. This indicated that any 
neurotoxic effects of fluxapyroxad are likely to be transient and 
reversible due to alterations in neuropharmacology and not from 
neuronal damage. The Agency has low concern for neurotoxic effects of 
fluxapyroxad at any life stage.
    iii. Based on the developmental and reproductive toxicity studies 
discussed in Unit III.D.2., there are no residual uncertainties with 
regard to prenatal and/or postnatal toxicity.
    iv. There are no residual uncertainties identified in the exposure 
databases. The residue database is adequate. The dietary risk 
assessment is conservative and will not underestimate dietary exposure 
to fluxapyroxad. There are residential uses proposed for fluxapyroxad 
and the assessment will not underestimate residential exposure via 
handler for adults and incidental oral for children. EPA made 
conservative (protective) assumptions in the ground and surface water 
modeling used to assess exposure to fluxapyroxad in drinking water. EPA 
used similarly conservative assumptions to assess post application 
exposure of children as well as incidental oral exposure of toddlers. 
There are residential uses proposed for fluxapyroxad and the assessment 
will not underestimate residential exposure via handler for adults and 
incidental oral for children.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food and water 
to fluxapyroxad will occupy 12% of the aPAD for children 1-2 years old, 
the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
fluxapyroxad from food and water will utilize 66% of the cPAD for 
infants (< 1 year old). Based on the explanation in Unit III.C.3., 
regarding residential use patterns, chronic residential exposure to 
residues of fluxapyroxad is not expected.
    3. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level).
    Fluxapyroxad is currently registered for uses that could result in 
short-term residential exposure, and the Agency has determined that it 
is appropriate to aggregate chronic exposure through food and water 
with short-term residential exposures to fluxapyroxad. Using the 
exposure assumptions described in this unit for short-term exposures, 
EPA has concluded the combined short-term food, water, and residential 
exposures result in aggregate MOEs of 1139 for adults and 431 for 
children. Because EPA's level of concern for fluxapyroxad is a MOE of 
100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). An intermediate-term adverse effect was identified; however, 
fluxapyroxad is not registered for any use patterns that would result 
in intermediate-term residential exposure. Intermediate-term risk is 
assessed based on intermediate-term residential exposure plus chronic 
dietary exposure. Because there is no intermediate-term residential 
exposure and chronic dietary exposure has already been assessed under 
the appropriately protective cPAD (which is at least as protective as 
the POD used to assess intermediate-term risk), no further assessment 
of intermediate-term risk is necessary, and EPA relies on the chronic 
dietary risk assessment for evaluating intermediate-term risk for 
fluxapyroxad.
    5. Aggregate cancer risk for U.S. population. As discussed in Unit 
III.A., EPA has classified fluxapyroxad as ``Not likely to be 
Carcinogenic to Humans'' based on convincing evidence that carcinogenic 
effects are not likely below a defined dose range. The Agency has 
determined that the quantification of risk using the cPAD for 
fluxapyroxad will adequately account for all chronic toxicity, 
including carcinogenicity that could result from exposure to 
fluxapyroxad. Because the Agency has determined fluxapyroxad will not 
cause a chronic risk, the Agency concludes that fluxapyroxad will not 
pose a cancer risk for the U.S. population.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes

[[Page 27024]]

that there is a reasonable certainty that no harm will result to the 
general population, or to infants and children from aggregate exposure 
to fluxapyroxad residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    There are suitable residue analytical methods available for 
enforcement of fluxapyroxad tolerances (BASF Methods L0137/01 for 
plants and L0140/02 for animal matrices) which have been radio-
validated and have underwent successful validation by an independent 
laboratory. These are liquid chromatography with tandem mass 
spectrometry (LC/MS/MS) methods and monitor two ion transitions. The 
Limit of Quantitation (LOQ) for BASF method L0137/01 is 0.01 ppm for 
various matrices. The LOQ for BASF method L0140/02 is 0.01 ppm for 
liver and muscle, and 0.001 ppm for milk and eggs.
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    There are no Codex MRLs for citrus or grass and non-grass animal 
feed at present. US and Codex use different dietary burden evaluations 
and calculations which result in US tolerances for residues in ruminant 
meat byproduct, milk, and milk fat generally much lower than 
corresponding Codex MRLs.

C. Revisions to Petitioned-for Tolerances

    EPA is establishing tolerances for milk fat and poultry meat, and 
meat byproduct that the applicant did not request. There have been no 
established tolerances for poultry tissues because residues were not 
expected to be found in those tissues due to the low dietary burden; 
i.e., category 3 of 40 CFR 180.6(a) applied for those poultry matrices 
previously. However, because of expectation of higher residues on the 
feed items associated with the proposed uses (mainly grass and non-
grass), the livestock dietary burdens have increased, and residues are 
now expected to be transferred to poultry tissues. Consequently, the 
Agency is establishing poultry tolerances. Similarly, due to the higher 
livestock dietary burdens, EPA is establishing a new tolerance for 
residues in milk fat, and increasing current tolerances on milk, 
ruminant fat and meat byproduct (to include fat and meat byproduct of 
cattle, goat, horse and sheep). EPA is also establishing higher 
tolerances than what the applicant proposed for grass (group 17), 
citrus oil, dried pulp, and poultry fat. The difference in the group 17 
grass tolerance is due to the fact that EPA is using residues from 0-
day postharvest interval (PHI) from grass samples (instead of 14-day 
PHI used by the applicant). With regard to citrus oil, the difference 
between the petitioned-for and established tolerance is due to the use 
of the highest average field trial (HAFT) data by EPA (instead of 
median used by the applicant), times processing factor. Dried pulp 
tolerance difference is due to EPA rounding of the calculated 
tolerance. Lastly, the difference in the tolerance in poultry fat is 
due to recalculating dietary burden for livestock, taking into account 
residues on feed commodities from (0-day PHI) grass, alfalfa and clover 
which resulted in higher than previously calculated dietary burdens and 
therefore higher tolerances.

V. Conclusion

    Therefore, tolerances are established for residues of fluxapyroxad, 
in or on cattle, fat at 0.06 ppm; cattle, meat byproduct at 0.04 ppm; 
citrus, dried pulp at 3.0 ppm; citrus, oil at 40 ppm; fruit, citrus, 
group 10-10 at 1.0 ppm; goat, fat at 0.06 ppm; goat, meat byproduct at 
0.04 ppm; grass, forage, fodder, and hay, group 17 at 40 ppm; horse, 
fat at 0.06 ppm; horse, meat byproduct at 0.04 ppm; milk at 0.01 ppm; 
milk, fat at 0.15 ppm; non-grass animal feeds, group 18 at 30 ppm; 
poultry, fat, poultry, meat and meat byproduct, each at 0.01 ppm; 
sheep, fat at 0.06 ppm; and sheep, meat byproduct at 0.04 ppm. Finally, 
the Agency is removing the tolerance for inadvertent residues of 
fluxapyroxad on non-grass animal feeds, group 18 contained in paragraph 
(d) of section 180.666, as it is subsumed by the tolerance for non-
grass animal feeds, group 18 being established in paragraph (a) of the 
same section.

VI. Statutory and Executive Order Reviews

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

[[Page 27025]]

that Executive Order 13132, entitled ``Federalism'' (64 FR 43255, 
August 10, 1999) and Executive Order 13175, entitled ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 
2000) do not apply to this action. In addition, this action does not 
impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 
U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: April 26, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.666, amend the table in paragraph (a) as follows:
0
i. Add alphabetically the entries ``Citrus, dried pulp'', ``Citrus, 
oil'', ``Fruit, citrus, group 10-10'', ``Grass forage, fodder and hay, 
group 17'', ``Milk, fat'', ``Non-grass animal feed, group 18'', 
``Poultry, fat'', ``Poultry, meat'' and ``Poultry, meat byproduct''.
0
ii. Revise the following entries ``Cattle, fat'', ``Cattle, meat 
byproduct'', ``Egg'', ``Goat, fat'', ``Goat, meat byproduct'', ``Horse, 
fat'', ``Horse, meat byproduct'', ``Milk'', ``Sheep, fat,'' and 
``Sheep, meat byproduct''.
0
iii. Remove from the table in paragraph (d) the entry ``non-grass 
animal feeds, group 18''.
    The amendments read as follows:


Sec.  180.666  Fluxapyroxad; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Cattle, fat.............................................            0.06
 
                                * * * * *
Cattle, meat byproduct..................................            0.04
Citrus, dried pulp......................................             3.0
Citrus, oil.............................................              40
 
                                * * * * *
Egg.....................................................            0.01
Fruit, citrus, group 10-10..............................             1.0
 
                                * * * * *
Grass, forage, fodder and hay, group 17.................              40
Goat, fat...............................................            0.06
 
                                * * * * *
Goat, meat byproduct....................................            0.04
 
                                * * * * *
Horse, fat..............................................            0.06
 
                                * * * * *
Horse, meat byproduct...................................            0.04
Milk....................................................            0.01
Milk, fat...............................................            0.15
Non-grass animal feed, group 18.........................              30
 
                                * * * * *
Poultry, fat............................................            0.01
Poultry, meat...........................................            0.01
Poultry, meat byproduct.................................            0.01
 
                                * * * * *
Sheep, fat..............................................            0.06
 
                                * * * * *
Sheep, meat byproduct...................................            0.04
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

[FR Doc. 2016-10581 Filed 5-4-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                              27019

                                           PART 52—APPROVAL AND                                         Authority: 42 U.S.C. 7401 et seq.                  Requirements for the 2010 NO2
                                           PROMULGATION OF                                                                                                 NAAQS’’ to read as follows:
                                                                                                    Subpart N—Idaho
                                           IMPLEMENTATION PLANS
                                                                                                                                                           § 52.670   Identification of plan.
                                                                                                    ■ 2. In § 52.670, the table in paragraph
                                           ■ 1. The authority citation for part 52                                                                         *       *    *     *      *
                                                                                                    (e) is amended by adding an entry at the
                                           continues to read as follows:                            end of the table for ‘‘Interstate Transport                (e) * * *

                                                                EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
                                                                                  Applicable geographic or               State
                                               Name of SIP provision                                                                          EPA Approval date                    Comments
                                                                                    non-attainment area               submittal date


                                                     *                   *                        *                           *                     *                     *                  *
                                           Interstate Transport Require- State-wide ............................       12/24/2015      5/5/2016 [Insert Federal        This action addresses the fol-
                                              ments for the 2010 NO2                                                                     Register citation].             lowing      CAA      elements:
                                              NAAQS.                                                                                                                     110(a)(2)(D)(i)(I).



                                           *      *      *       *      *                           information about the docket available                 C. How can I file an objection or hearing
                                           [FR Doc. 2016–10452 Filed 5–4–16; 8:45 am]               at http://www.epa.gov/dockets.                         request?
                                           BILLING CODE 6560–50–P
                                                                                                    FOR FURTHER INFORMATION CONTACT:                         Under FFDCA section 408(g), 21
                                                                                                    Susan Lewis, Registration Division                     U.S.C. 346a, any person may file an
                                           ENVIRONMENTAL PROTECTION                                 (7505P), Office of Pesticide Programs,                 objection to any aspect of this regulation
                                           AGENCY                                                   Environmental Protection Agency, 1200                  and may also request a hearing on those
                                                                                                    Pennsylvania Ave. NW., Washington,                     objections. You must file your objection
                                           40 CFR Part 180                                          DC 20460–0001; main telephone                          or request a hearing on this regulation
                                                                                                    number: (703) 305–7090; email address:                 in accordance with the instructions
                                           [EPA–HQ–OPP–2015–0324; FRL–9945–48]                                                                             provided in 40 CFR part 178. To ensure
                                                                                                    RDFRNotices@epa.gov.
                                           Fluxapyroxad; Pesticide Tolerances                                                                              proper receipt by EPA, you must
                                                                                                    SUPPLEMENTARY INFORMATION:                             identify docket ID number EPA–HQ–
                                           AGENCY:  Environmental Protection                        I. General Information                                 OPP–2015–0324 in the subject line on
                                           Agency (EPA).                                                                                                   the first page of your submission. All
                                           ACTION: Final rule.                                      A. Does this action apply to me?                       objections and requests for a hearing
                                                                                                                                                           must be in writing, and must be
                                           SUMMARY:   This regulation establishes                      You may be potentially affected by                  received by the Hearing Clerk on or
                                           tolerances for residues of fluxapyroxad                  this action if you are an agricultural                 before July 5, 2016. Addresses for mail
                                           in or on multiple commodities which                      producer, food manufacturer, or                        and hand delivery of objections and
                                           are identified and discussed later in this               pesticide manufacturer. The following                  hearing requests are provided in 40 CFR
                                           document. BASF Corporation requested                     list of North American Industrial                      178.25(b).
                                           these tolerances under the Federal Food,                 Classification System (NAICS) codes is
                                                                                                                                                             In addition to filing an objection or
                                           Drug, and Cosmetic Act (FFDCA).                          not intended to be exhaustive, but rather
                                                                                                                                                           hearing request with the Hearing Clerk
                                           DATES: This regulation is effective May                  provides a guide to help readers
                                                                                                                                                           as described in 40 CFR part 178, please
                                           5, 2016. Objections and requests for                     determine whether this document
                                                                                                                                                           submit a copy of the filing (excluding
                                           hearings must be received on or before                   applies to them. Potentially affected
                                                                                                                                                           any Confidential Business Information
                                           July 5, 2016, and must be filed in                       entities may include:
                                                                                                                                                           (CBI)) for inclusion in the public docket.
                                           accordance with the instructions                            • Crop production (NAICS code 111).                 Information not marked confidential
                                           provided in 40 CFR part 178 (see also                       • Animal production (NAICS code                     pursuant to 40 CFR part 2 may be
                                           Unit I.C. of the SUPPLEMENTARY                           112).                                                  disclosed publicly by EPA without prior
                                           INFORMATION).                                                                                                   notice. Submit the non-CBI copy of your
                                                                                                       • Food manufacturing (NAICS code
                                           ADDRESSES: The docket for this action,                                                                          objection or hearing request, identified
                                                                                                    311).
                                           identified by docket identification (ID)                                                                        by docket ID number EPA–HQ–OPP–
                                           number EPA–HQ–OPP–2015–0324, is                             • Pesticide manufacturing (NAICS                    2015–0324, by one of the following
                                           available at http://www.regulations.gov                  code 32532).                                           methods:
                                           or at the Office of Pesticide Programs                   B. How can I get electronic access to                    • Federal eRulemaking Portal: http://
                                           Regulatory Public Docket (OPP Docket)                    other related information?                             www.regulations.gov. Follow the online
                                           in the Environmental Protection Agency                                                                          instructions for submitting comments.
                                           Docket Center (EPA/DC), West William                        You may access a frequently updated                 Do not submit electronically any
                                           Jefferson Clinton Bldg., Rm. 3334, 1301                  electronic version of EPA’s tolerance                  information you consider to be CBI or
                                           Constitution Ave. NW., Washington, DC                    regulations at 40 CFR part 180 through                 other information whose disclosure is
                                           20460–0001. The Public Reading Room                      the Government Printing Office’s e-CFR                 restricted by statute.
                                           is open from 8:30 a.m. to 4:30 p.m.,                     site at http://www.ecfr.gov/cgi-bin/text-                • Mail: OPP Docket, Environmental
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                                           Monday through Friday, excluding legal                   idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                   Protection Agency Docket Center (EPA/
                                           holidays. The telephone number for the                   40tab_02.tpl. To access the OCSPP test                 DC), (28221T), 1200 Pennsylvania Ave.
                                           Public Reading Room is (202) 566–1744,                   guidelines referenced in this document                 NW., Washington, DC 20460–0001.
                                           and the telephone number for the OPP                     electronically, please go to http://                     • Hand Delivery: To make special
                                           Docket is (703) 305–5805. Please review                  www.epa.gov/ocspp and select ‘‘Test                    arrangements for hand delivery or
                                           the visitor instructions and additional                  Methods and Guidelines.’’                              delivery of boxed information, please


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                                           27020               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations

                                           follow the instructions at http://                      408(b)(2)(C) of FFDCA requires EPA to                 a defined dose range. There is no
                                           www.epa.gov/dockets/contacts.html.                      give special consideration to exposure                mutagenicity concern from in vivo or in
                                             Additional instructions on                            of infants and children to the pesticide              vitro assays. The hypothesized mode of
                                           commenting or visiting the docket,                      chemical residue in establishing a                    action (i.e., a non-genotoxic) for
                                           along with more information about                       tolerance and to ‘‘ensure that there is a             treatment related tumors (i.e., the liver
                                           dockets generally, is available at                      reasonable certainty that no harm will                and thyroid) was supported by a full
                                           http://www.epa.gov/dockets.                             result to infants and children from                   panel of in vitro and in vivo studies that
                                           II. Summary of Petitioned-for Tolerance                 aggregate exposure to the pesticide                   showed no evidence of genotoxicity,
                                                                                                   chemical residue.* * *’’                              together with mechanistic studies in the
                                              In the Federal Register of August 26,                  Consistent with FFDCA section                       liver and thyroid of rats that satisfied
                                           2015 (80 FR 51759) (FRL–9931–74),                       408(b)(2)(D), and the factors specified in            stringent criteria for establishing
                                           EPA issued a document pursuant to                       FFDCA section 408(b)(2)(D), EPA has                   tumorigenic modes of action. The
                                           FFDCA section 408(d)(3), 21 U.S.C.                      reviewed the available scientific data                studies clearly identified the sequence
                                           346a(d)(3), announcing the filing of a                  and other relevant information in                     of key events, dose-response
                                           pesticide petition (PP 5F8344) by BASF                  support of this action. EPA has                       concordance and temporal relationship
                                           Corporation, 26 Davis Drive, Research                   sufficient data to assess the hazards of              to the tumor types. The Agency has
                                           Triangle Park, NC 27709. The petition                   and to make a determination on                        determined that the chronic population
                                           requested that 40 CFR 180.666 be                        aggregate exposure for fluxapyroxad                   adjusted dose (PAD) will adequately
                                           amended by establishing tolerances for                  including exposure resulting from the                 account for all chronic effects, including
                                           residues of the fungicide fluxapyroxad,                 tolerances established by this action.                carcinogenicity that could result from
                                           in or on citrus, dried pulp at 2.7 parts                EPA’s assessment of exposures and risks               exposure to fluxapyroxad because the
                                           per million (ppm); citrus oil at 19 ppm;                associated with fluxapyroxad follows.                 points of departure (POD) for the
                                           fruit, citrus group 10–10 at 1.0 ppm;                                                                         chronic population adjusted dose
                                           grass forage, fodder and hay group 17 at                A. Toxicological Profile
                                                                                                                                                         (cPAD) is based on the most sensitive
                                           30 ppm; non-grass animal feed, group                       EPA has evaluated the available                    endpoint, liver effects. Effects in the
                                           18 at 30 ppm; and poultry, fat at 0.005                 toxicity data and considered its validity,            liver preceded liver tumors and the
                                           ppm. The petition also requested that                   completeness, and reliability as well as              effects observed in the thyroid (in rats
                                           the existing tolerance for residues of                  the relationship of the results of the                only) were believed to be secondary to
                                           fluxapyroxad on egg be amended from                     studies to human risk. EPA has also                   the liver effects.
                                           0.002 ppm to 0.01 ppm and that the                      considered available information                         No evidence of neurotoxicity was
                                           tolerance for inadvertent residues of                   concerning the variability of the                     observed in response to repeated
                                           fluxapyroxad on nongrass animal feeds,                  sensitivities of major identifiable                   administration of fluxapyroxad. An
                                           group 18 at 0.3 ppm be removed upon                     subgroups of consumers, including                     acute neurotoxicity study showed
                                           establishment of the superceding group                  infants and children.                                 decreased rearing and motor activity.
                                           18 tolerance. That document referenced                     Fluxapyroxad is of low acute toxicity              This occurred on the day of dosing only
                                           a summary of the petition prepared by                   by the oral, dermal and inhalation                    and in the absence of histopathological
                                           BASF Corporation, the registrant, which                 routes, is not irritating to the eyes and             effects or alterations in brain weights.
                                           is available in the docket, http://                     skin, and is not a dermal sensitizer. The             This indicated that any neurotoxic
                                           www.regulations.gov. There were no                      primary target organ for fluxapyroxad                 effects of fluxapyroxad are likely to be
                                           comments received in response to the                    exposure via the oral route is the liver              transient and reversible due to
                                           notice of filing.                                       with secondary toxicity in the thyroid                alterations in neuropharmacology and
                                              Based upon review of the data                        for rats only. Liver toxicity was                     not from neuronal damage. There were
                                           supporting the petition, EPA has                        observed in rats, mice, and dogs, with                no neurotoxic effects observed in the
                                           recommended tolerances for poultry                      rats as the most sensitive species for all            subchronic dietary toxicity study. No
                                           meat, poultry meat byproduct, and milk                  durations of exposure. In rats, adaptive              evidence of reproductive toxicity was
                                           fat for which there were no established                 effects of hepatocellular hypertrophy                 observed. Developmental effects
                                           tolerances previously due to low dietary                and increased liver weights and changes               observed in both rats and mice (thyroid
                                           burden and falling under category 3 of                  in liver enzyme activities were first                 follicular hypertrophy and hyperplasia
                                           CFR 180.6(a). The reason for these                      observed. As the dose or duration of                  in rats and decreased defecation, food
                                           changes are explained in Unit IV.D.                     exposure to fluxapyroxad increased,                   consumption, body weight/body weight
                                                                                                   clinical chemistry changes related to                 gain, and increased litter loss in rabbits)
                                           III. Aggregate Risk Assessment and                      liver function also occurred, followed                occurred at the same doses as those that
                                           Determination of Safety                                 by hepatocellular necrosis, neoplastic                caused adverse effects in maternal
                                              Section 408(b)(2)(A)(i) of FFDCA                     changes in the liver, and tumors.                     animals, indicating no quantitative
                                           allows EPA to establish a tolerance (the                Thyroid effects were observed only in                 susceptibility. Since the maternal
                                           legal limit for a pesticide chemical                    rats. These effects were secondary to                 toxicities of thyroid hormone
                                           residue in or on a food) only if EPA                    changes in liver enzyme regulation,                   perturbation in rats and systemic
                                           determines that the tolerance is ‘‘safe.’’              which increased metabolism of thyroid                 toxicity in rabbits likely contributed to
                                           Section 408(b)(2)(A)(ii) of FFDCA                       hormone, resulting in changes in                      the observed developmental effects
                                           defines ‘‘safe’’ to mean that ‘‘there is a              thyroid hormones, thyroid follicular                  there is low concern for qualitative
                                           reasonable certainty that no harm will                  hypertrophy and hyperplasia, and                      susceptibility. An immunotoxicity study
                                           result from aggregate exposure to the                   thyroid tumor formation. Tumors were                  in mice showed no evidence of
                                           pesticide chemical residue, including                   not observed in species other than rats               immunotoxic effects from fluxapyroxad.
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                                           all anticipated dietary exposures and all               or in organs other than the liver and                    Subchronic oral toxicity studies in
                                           other exposures for which there is                      thyroid.                                              rats, developmental toxicity studies in
                                           reliable information.’’ This includes                      Fluxapyroxad is classified as ‘‘Not                rabbits, and in vitro and in vivo
                                           exposure through drinking water and in                  likely to be Carcinogenic to Humans’’                 genotoxicity studies were performed for
                                           residential settings, but does not include              based on convincing evidence that                     fluxapyroxad metabolites F700F001,
                                           occupational exposure. Section                          carcinogenic effects are not likely below             M700F002, and M700F048. Like


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                                                               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                                 27021

                                           fluxapyroxad, no genotoxic effects were                 as the no-observed-adverse-effect-level                  dose at which no adverse effects are
                                           observed for any of these metabolites.                  (NOAEL) and the lowest-observed-                         observed (the NOAEL) and the lowest
                                           All three metabolites displayed lower                   adverse-effect-level (LOAEL) from the                    dose at which adverse effects of concern
                                           subchronic toxicity via the oral route                  toxicity studies can be found at http://                 are identified (the LOAEL). Uncertainty/
                                           than fluxapyroxad, with evidence of                     www.regulations.gov in document,                         safety factors are used in conjunction
                                           non-specific toxicity (decreased body                   ‘‘Human Health Risk Assessment for                       with the POD to calculate a safe
                                           weight) observed only for M700F0048 at                  Use of Fluxaproxad on Citrus Crop                        exposure level—generally referred to as
                                           the limit dose. Only M700F0048                          Group 10–10, Grass Crop Group 17, and                    a population-adjusted dose (PAD) or a
                                           exhibited developmental toxicity at                     Non-Grass Crop Group 18.’’ on pp. 56 in                  reference dose (RfD)—and a safe margin
                                           doses similar to those that caused                      docket ID number EPA–HQ–OPP–2012–                        of exposure (MOE). For non-threshold
                                           developmental effects in rabbits with                   0638.                                                    risks, the Agency assumes that any
                                           fluxapyroxad treatment. However, these                  B. Toxicological Points of Departure/                    amount of exposure will lead to some
                                           effects (abortions and resorptions) were                Levels of Concern                                        degree of risk. Thus, the Agency
                                           of a different nature than for                                                                                   estimates risk in terms of the probability
                                                                                                      Once a pesticide’s toxicological
                                           fluxapyroxad (paw hyperflexion) and                                                                              of an occurrence of the adverse effect
                                                                                                   profile is determined, EPA identifies
                                           are considered secondary to maternal                                                                             expected in a lifetime. For more
                                                                                                   toxicological points of departure (POD)
                                           toxicity. The Agency considers these                    and levels of concern to use in                          information on the general principles
                                           studies sufficient for hazard                           evaluating the risk posed by human                       EPA uses in risk characterization and a
                                           identification and characterization and                 exposure to the pesticide. For hazards                   complete description of the risk
                                           concludes that these metabolites do not                 that have a threshold below which there                  assessment process, see http://
                                           have hazards that exceed those of                       is no appreciable risk, the toxicological                www.epa.gov/pesticides/factsheets/
                                           fluxapyroxad in nature, severity, or                    POD is used as the basis for derivation                  riskassess.htm.
                                           potency.                                                of reference values for risk assessment.                    Summary of the toxicological
                                              Specific information on the studies                  PODs are developed based on a careful                    endpoints for used for human risk
                                           received and the nature of the adverse                  analysis of the doses in each                            assessment is shown in Table 1 of this
                                           effects caused by fluxapyroxad as well                  toxicological study to determine the                     unit.

                                            TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR FLUXAPYROXAD FOR USE IN DIETARY, RESIDENTIAL
                                                                   AND NON-OCCUPATIONAL HUMAN HEALTH RISK ASSESSMENTS

                                                                                                                                RfD, PAD, level
                                                                                                    Uncertainty/FQPA
                                                                                    Point of                                      of concern
                                                Exposure/scenario                                         safety                                                Study and toxicological effects
                                                                                   departure                                        for risk
                                                                                                         factors                 assessment

                                           Acute Dietary (General Pop-       NOAEL = 125 mg/        UFA = 10x              Acute RfD = 1.25        Acute neurotoxicity study in rats.
                                             ulation, including Infants       kg/day.               UFH = 10x                mg/kg/day.            LOAEL = 500 mg/kg/day based on decreased motor
                                             and Children and Fe-                                   FQPA SF = 1x           aPAD = 1.25 mg/           activity (both sexes) and decreased rearing (males
                                             males 13–49 years of                                                            kg/day                  only).
                                             age).

                                           Chronic Dietary (All Popu-        NOAEL = 2.1 mg/        UFA = 10x              Chronic                 Chronic toxicity/carcinogenicity study in rats.
                                             lations).                        kg/day.               UFH = 10x                RfD = 0.021           LOAEL = 11 mg/kg/day based on non-neoplastic
                                                                                                    FQPA SF = 1x             mg/kg/day.              changes in the liver (foci, masses).
                                                                                                                           cPAD = 0.021 mg/
                                                                                                                             kg/day

                                           Incidental Oral Short-Term        NOAEL = 7.3mg/         UFA = 10x              Residential LOC         90-day dietary study in rats.
                                             (1–30 days).                     kg/day.               UFH = 10x                for MOE = 100.        MIRD 47923567.
                                                                                                    FQPA SF = 1x                                   LOAEL = 35.1 mg/kg/day based on thyroid follicular
                                                                                                                                                     hypertrophy/hyperplasia.

                                           Dermal Short- and Inter-                                                                 No hazard identified.
                                             mediate-Term.

                                           Inhalation, Short-Term (1–        NOAEL = 7.3 mg/        UFA = 10x              Residential LOC         90-day dietary study in rats.
                                             30 days) and Inter-              kg/day.               UFH = 10x                for MOE = 100.        MIRD 47923567.
                                             mediate-term (1–6                                      FQPA SF = 1x                                   LOAEL = 35.1 mg/kg/day based on thyroid follicular
                                             months).                                                                                                hypertrophy/hyperplasia.

                                           Cancer (oral, dermal, inha-                          Classification: Not likely to be carcinogenic to humans below a defined dose range.
                                             lation).
                                             Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and used to mark the begin-
                                           ning of extrapolation to determine risk associated with lower environmentally relevant human exposures. NOAEL = no observed adverse effect
                                           level. LOAEL = lowest observed adverse effect level. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH =
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                                           potential variation in sensitivity among members of the human population (intraspecies). FQPA SF = FQPA Safety Factor. PAD = population ad-
                                           justed dose (a = acute, c = chronic). RfD = reference dose. MOA = mode of action.




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                                           27022               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations

                                           C. Exposure Assessment                                  pursuant to FFDCA section 408(f)(1)                   assumed the following exposure
                                              1. Dietary exposure from food and                    that data be provided 5 years after the               scenarios:
                                                                                                   tolerance is established, modified, or                   • Residential handler: The Agency
                                           feed uses. In evaluating dietary
                                                                                                   left in effect, demonstrating that the                assessed inhalation exposures to adults
                                           exposure to fluxapyroxad, EPA
                                                                                                   levels in food are not above the levels               from applications only because
                                           considered exposure under the
                                                                                                   anticipated. For the present action, EPA              fluxapyroxad does not pose a dermal
                                           petitioned-for tolerances as well as all
                                                                                                   will issue such data call-ins as are                  risk. Residential handler exposure is
                                           existing fluxapyroxad tolerances in 40
                                                                                                   required by FFDCA section 408(b)(2)(E)                expected to be short-term in duration.
                                           CFR 180.666. EPA assessed dietary
                                                                                                   and authorized under FFDCA section                    Intermediate-term exposures are not
                                           exposures from fluxapyroxad in food as
                                                                                                   408(f)(1). Data will be required to be                likely because of the intermittent nature
                                           follows:
                                                                                                   submitted no later than 5 years from the              of applications by homeowners.
                                              i. Acute exposure. Quantitative acute                                                                         • Post-application exposures: Dermal
                                           dietary exposure and risk assessments                   date of issuance of these tolerances.
                                                                                                      The Agency did not use PCT                         exposures were not assessed because
                                           are performed for a food-use pesticide,                                                                       there is no identified systemic dermal
                                                                                                   information in the dietary assessment
                                           if a toxicological study has indicated the                                                                    hazard for fluxapyroxad. Post-
                                                                                                   for fluxapyroxad; 100 PCT was assumed
                                           possibility of an effect of concern                                                                           application inhalation exposure while
                                                                                                   for all food commodities.
                                           occurring as a result of a 1-day or single                 2. Dietary exposure from drinking                  engaged in activities on or around
                                           exposure. Such effects were identified                  water. The Agency used screening-level                previously treated turf is generally not
                                           for fluxapyroxad. In estimating acute                   water exposure models in the dietary                  quantitatively assessed. The
                                           dietary exposure, EPA used food                         exposure analysis and risk assessment                 combination of low vapor pressure for
                                           consumption information from the                        for fluxapyroxad in drinking water.                   chemicals typically used as active
                                           United States Department of Agriculture                 These simulation models take into                     ingredients in outdoor residential
                                           (USDA) 2003–2008 Nationwide                             account data on the physical, chemical,               pesticide products and dilution in
                                           Continuing Surveys of Food Intake by                    and fate/transport characteristics of                 outdoor air is likely to result in minimal
                                           Individuals (CSFII). As to residue levels               fluxapyroxad. Further information                     inhalation exposure. Incidental oral
                                           in food, EPA used tolerance-level                       regarding EPA drinking water models                   exposure for children is anticipated.
                                           residues adjusted to account for the                    used in pesticide exposure assessment                 The quantitative oral exposure/risk
                                           metabolites of concern (M700F008, and                   can be found at http://www.epa.gov/                   assessment for residential post-
                                           M700F010 (milk only)) and 100 percent                   oppefed1/models/water/index.htm.                      application exposures is based on the
                                           crop treated (PCT) assumptions were                        Based on the Pesticide Root Zone                   incidental oral scenario for children
                                           used. DEEM default and empirical                        Model Ground Water (PRZM GW), the                     1<2.
                                           processing factors were used to modify                  estimated drinking water concentrations                  Further information regarding EPA
                                           the tolerance values.                                   (EDWCs) of fluxapyroxad for acute                     standard assumptions and generic
                                              ii. Chronic exposure. In conducting                  exposures are 127 ppb parts per billion               inputs for residential exposures may be
                                           the chronic dietary exposure assessment                 (ppb) for surface water and 203 ppb for               found at http://www.epa.gov/pesticides/
                                           EPA used the food consumption data                      ground water. The EDWCs for chronic                   trac/science/trac6a05.pdf.
                                           from the USDA 2003–2008 CSFII. As to                    exposures for non-cancer assessments                     4. Cumulative effects from substances
                                           residue levels in food, a moderately                    are 127 ppb for surface water and 188                 with a common mechanism of toxicity.
                                           refined chronic dietary exposure                        ppb for ground water.                                 Section 408(b)(2)(D)(v) of FFDCA
                                           analysis was performed for the general                     Modeled estimates of drinking water                requires that, when considering whether
                                           U.S. population and various population                  concentrations were directly entered                  to establish, modify, or revoke a
                                           subgroups. Combined average residue                     into the dietary exposure model. For                  tolerance, the Agency consider
                                           for parent and highest residue for                      acute dietary risk assessment, the water              ‘‘available information’’ concerning the
                                           metabolite M700F008 and 100 PCT                         concentration value of 203 ppb was                    cumulative effects of a particular
                                           assumptions were used. For livestock                    used to assess the contribution to                    pesticide’s residues and ‘‘other
                                           commodities tolerance-level residues                    drinking water. For chronic dietary risk              substances that have a common
                                           adjusted to account for the metabolites                 assessment, the water concentration                   mechanism of toxicity.’’
                                           of concern (M700F008, M700F010) were                    value of 184 ppb was used to assess the                  EPA has not found fluxapyroxad to
                                           used. An assumption of 100 PCT was                      contribution to drinking water.                       share a common mechanism of toxicity
                                           also used for the chronic dietary                          3. From non-dietary exposure. The                  with any other substances, and
                                           analysis. DEEM default and empirical                    term ‘‘residential exposure’’ is used in              fluxapyroxad does not appear to
                                           processing factors were used to modify                  this document to refer to non-                        produce a toxic metabolite produced by
                                           the tolerance values.                                   occupational, non-dietary exposure                    other substances. For the purposes of
                                              iii. Cancer. Based on the data                       (e.g., for lawn and garden pest control,              this tolerance action, therefore, EPA has
                                           summarized in Unit III.A., EPA has                      indoor pest control, termiticides, and                assumed that fluxapyroxad does not
                                           concluded that fluxapyroxad does not                    flea and tick control on pets).                       have a common mechanism of toxicity
                                           pose a cancer risk to humans. Therefore,                   There are no residential exposure                  with other substances. For information
                                           a dietary exposure assessment for the                   associated with the proposed uses in                  regarding EPA’s efforts to determine
                                           purpose of assessing cancer risk is                     this action; however, there are existing              which chemicals have a common
                                           unnecessary.                                            turf uses that were previously assessed               mechanism of toxicity and to evaluate
                                              iv. Anticipated residue and percent                  for fluxapyroxad. Although the Agency                 the cumulative effects of such
                                           crop treated (PCT) information. Section                 had conducted a residential exposure                  chemicals, see EPA’s Web site at
                                           408(b)(2)(E) of FFDCA authorizes EPA                    assessment for previous fluxapyroxad                  http://www.epa.gov/pesticides/
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                                           to use available data and information on                actions, the Agency completed an                      cumulative.
                                           the anticipated residue levels of                       updated turf assessment to reflecting an
                                           pesticide residues in food and the actual               update in the single maximum                          D. Safety Factor for Infants and
                                           levels of pesticide residues that have                  application rate from 2.47 pounds active              Children
                                           been measured in food. If EPA relies on                 ingredient/gallon (lb ai/gallon) to 0.005               1. In general. Section 408(b)(2)(C) of
                                           such information, EPA must require                      lb ai/gallon. The present assessment                  FFDCA provides that EPA shall apply


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                                                               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                         27023

                                           an additional tenfold (10X) margin of                   of histopathological effects or alterations           patterns, chronic residential exposure to
                                           safety for infants and children in the                  in brain weights. This indicated that any             residues of fluxapyroxad is not
                                           case of threshold effects to account for                neurotoxic effects of fluxapyroxad are                expected.
                                           prenatal and postnatal toxicity and the                 likely to be transient and reversible due                3. Short-term risk. Short-term
                                           completeness of the database on toxicity                to alterations in neuropharmacology and               aggregate exposure takes into account
                                           and exposure unless EPA determines                      not from neuronal damage. The Agency                  short-term residential exposure plus
                                           based on reliable data that a different                 has low concern for neurotoxic effects of             chronic exposure to food and water
                                           margin of safety will be safe for infants               fluxapyroxad at any life stage.                       (considered to be a background
                                           and children. This additional margin of                    iii. Based on the developmental and                exposure level).
                                           safety is commonly referred to as the                   reproductive toxicity studies discussed                  Fluxapyroxad is currently registered
                                           FQPA Safety Factor (SF). In applying                    in Unit III.D.2., there are no residual               for uses that could result in short-term
                                           this provision, EPA either retains the                  uncertainties with regard to prenatal                 residential exposure, and the Agency
                                           default value of 10X, or uses a different               and/or postnatal toxicity.                            has determined that it is appropriate to
                                           additional safety factor when reliable                     iv. There are no residual uncertainties            aggregate chronic exposure through food
                                           data available to EPA support the choice                identified in the exposure databases.                 and water with short-term residential
                                           of a different factor.                                  The residue database is adequate. The                 exposures to fluxapyroxad. Using the
                                              2. Prenatal and postnatal sensitivity.               dietary risk assessment is conservative               exposure assumptions described in this
                                           No evidence of quantitative                             and will not underestimate dietary                    unit for short-term exposures, EPA has
                                           susceptibility was observed in a                        exposure to fluxapyroxad. There are                   concluded the combined short-term
                                           reproductive and developmental                          residential uses proposed for                         food, water, and residential exposures
                                           toxicity study in rats or in                            fluxapyroxad and the assessment will                  result in aggregate MOEs of 1139 for
                                           developmental toxicity studies in rats                  not underestimate residential exposure                adults and 431 for children. Because
                                           and rabbits. Developmental toxicity data                via handler for adults and incidental                 EPA’s level of concern for fluxapyroxad
                                           in rats showed decreased body weight                    oral for children. EPA made                           is a MOE of 100 or below, these MOEs
                                           and body weight gain in the offspring at                conservative (protective) assumptions in              are not of concern.
                                           the same dose levels that caused thyroid                the ground and surface water modeling                    4. Intermediate-term risk.
                                           follicular hypertrophy/hyperplasia in                   used to assess exposure to fluxapyroxad               Intermediate-term aggregate exposure
                                           parental animals. Effects in rabbits were               in drinking water. EPA used similarly                 takes into account intermediate-term
                                           limited to paw hyperflexion, a                          conservative assumptions to assess post               residential exposure plus chronic
                                           malformation that is not considered to                  application exposure of children as well              exposure to food and water (considered
                                           result from a single exposure and that                  as incidental oral exposure of toddlers.              to be a background exposure level). An
                                           usually reverses as the animal matures.                 There are residential uses proposed for               intermediate-term adverse effect was
                                           Developmental effects observed in both                  fluxapyroxad and the assessment will                  identified; however, fluxapyroxad is not
                                           rats and rabbits occurred at the same                   not underestimate residential exposure                registered for any use patterns that
                                           doses as those that caused adverse                      via handler for adults and incidental                 would result in intermediate-term
                                           effects in maternal animals, indicating                 oral for children.                                    residential exposure. Intermediate-term
                                           no quantitative susceptibility. The                                                                           risk is assessed based on intermediate-
                                                                                                   E. Aggregate Risks and Determination of               term residential exposure plus chronic
                                           Agency has low concern for
                                                                                                   Safety                                                dietary exposure. Because there is no
                                           developmental toxicity because the
                                           observed effects were of low severity,                     EPA determines whether acute and                   intermediate-term residential exposure
                                           were likely secondary to maternal                       chronic dietary pesticide exposures are               and chronic dietary exposure has
                                           toxicity, and demonstrated clear                        safe by comparing aggregate exposure                  already been assessed under the
                                           NOAELs. Further, the NOAELs for these                   estimates to the acute PAD (aPAD) and                 appropriately protective cPAD (which is
                                           effects were at dose levels higher than                 chronic PAD (cPAD). For linear cancer                 at least as protective as the POD used to
                                           the points of departure selected for risk               risks, EPA calculates the lifetime                    assess intermediate-term risk), no
                                           assessment for repeat-exposure                          probability of acquiring cancer given the             further assessment of intermediate-term
                                           scenarios. Therefore, based on the                      estimated aggregate exposure. Short-,                 risk is necessary, and EPA relies on the
                                           available data and the selection of risk                intermediate-, and chronic-term risks                 chronic dietary risk assessment for
                                           assessment endpoints that are protective                are evaluated by comparing the                        evaluating intermediate-term risk for
                                           of developmental effects, there are no                  estimated aggregate food, water, and                  fluxapyroxad.
                                           residual uncertainties with regard to                   residential exposure to the appropriate                  5. Aggregate cancer risk for U.S.
                                           pre- and/or postnatal toxicity.                         PODs to ensure that an adequate MOE                   population. As discussed in Unit III.A.,
                                              3. Conclusion. EPA has determined                    exists.                                               EPA has classified fluxapyroxad as ‘‘Not
                                           that reliable data show the safety of                      1. Acute risk. Using the exposure                  likely to be Carcinogenic to Humans’’
                                           infants and children would be                           assumptions discussed in this unit for                based on convincing evidence that
                                           adequately protected if the FQPA SF                     acute exposure, the acute dietary                     carcinogenic effects are not likely below
                                           were reduced to 1X. That decision is                    exposure from food and water to                       a defined dose range. The Agency has
                                           based on the following findings:                        fluxapyroxad will occupy 12% of the                   determined that the quantification of
                                              i. The toxicity database for                         aPAD for children 1–2 years old, the                  risk using the cPAD for fluxapyroxad
                                           fluxapyroxad is complete.                               population group receiving the greatest               will adequately account for all chronic
                                              ii. There is no indication that                      exposure.                                             toxicity, including carcinogenicity that
                                           fluxapyroxad is a neurotoxic chemical                      2. Chronic risk. Using the exposure                could result from exposure to
                                           and there is no need for a                              assumptions described in this unit for                fluxapyroxad. Because the Agency has
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                                           developmental neurotoxicity study or                    chronic exposure, EPA has concluded                   determined fluxapyroxad will not cause
                                           additional UFs to account for                           that chronic exposure to fluxapyroxad                 a chronic risk, the Agency concludes
                                           neurotoxicity. Although an acute                        from food and water will utilize 66% of               that fluxapyroxad will not pose a cancer
                                           neurotoxicity study showed decreased                    the cPAD for infants (< 1 year old).                  risk for the U.S. population.
                                           rearing and motor activity, this occurred               Based on the explanation in Unit                         6. Determination of safety. Based on
                                           on the day of dosing only in the absence                III.C.3., regarding residential use                   these risk assessments, EPA concludes


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                                           27024               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations

                                           that there is a reasonable certainty that               C. Revisions to Petitioned-for Tolerances             at 0.06 ppm; and sheep, meat byproduct
                                           no harm will result to the general                         EPA is establishing tolerances for                 at 0.04 ppm. Finally, the Agency is
                                           population, or to infants and children                  milk fat and poultry meat, and meat                   removing the tolerance for inadvertent
                                           from aggregate exposure to fluxapyroxad                 byproduct that the applicant did not                  residues of fluxapyroxad on non-grass
                                           residues.                                               request. There have been no established               animal feeds, group 18 contained in
                                                                                                   tolerances for poultry tissues because                paragraph (d) of section 180.666, as it is
                                           IV. Other Considerations                                                                                      subsumed by the tolerance for non-grass
                                                                                                   residues were not expected to be found
                                           A. Analytical Enforcement Methodology                   in those tissues due to the low dietary               animal feeds, group 18 being established
                                                                                                   burden; i.e., category 3 of 40 CFR                    in paragraph (a) of the same section.
                                              There are suitable residue analytical                180.6(a) applied for those poultry                    VI. Statutory and Executive Order
                                           methods available for enforcement of                    matrices previously. However, because                 Reviews
                                           fluxapyroxad tolerances (BASF Methods                   of expectation of higher residues on the
                                           L0137/01 for plants and L0140/02 for                                                                             This action establishes tolerances
                                                                                                   feed items associated with the proposed               under FFDCA section 408(d) in
                                           animal matrices) which have been                        uses (mainly grass and non-grass), the
                                           radio-validated and have underwent                                                                            response to a petition submitted to the
                                                                                                   livestock dietary burdens have                        Agency. The Office of Management and
                                           successful validation by an independent                 increased, and residues are now
                                           laboratory. These are liquid                                                                                  Budget (OMB) has exempted these types
                                                                                                   expected to be transferred to poultry                 of actions from review under Executive
                                           chromatography with tandem mass                         tissues. Consequently, the Agency is
                                           spectrometry (LC/MS/MS) methods and                                                                           Order 12866, entitled ‘‘Regulatory
                                                                                                   establishing poultry tolerances.                      Planning and Review’’ (58 FR 51735,
                                           monitor two ion transitions. The Limit                  Similarly, due to the higher livestock
                                           of Quantitation (LOQ) for BASF method                                                                         October 4, 1993). Because this action
                                                                                                   dietary burdens, EPA is establishing a                has been exempted from review under
                                           L0137/01 is 0.01 ppm for various                        new tolerance for residues in milk fat,               Executive Order 12866, this action is
                                           matrices. The LOQ for BASF method                       and increasing current tolerances on                  not subject to Executive Order 13211,
                                           L0140/02 is 0.01 ppm for liver and                      milk, ruminant fat and meat byproduct                 entitled ‘‘Actions Concerning
                                           muscle, and 0.001 ppm for milk and                      (to include fat and meat byproduct of                 Regulations That Significantly Affect
                                           eggs.                                                   cattle, goat, horse and sheep). EPA is                Energy Supply, Distribution, or Use’’ (66
                                              The method may be requested from:                    also establishing higher tolerances than              FR 28355, May 22, 2001) or Executive
                                           Chief, Analytical Chemistry Branch,                     what the applicant proposed for grass                 Order 13045, entitled ‘‘Protection of
                                           Environmental Science Center, 701                       (group 17), citrus oil, dried pulp, and               Children from Environmental Health
                                           Mapes Rd., Ft. Meade, MD 20755–5350;                    poultry fat. The difference in the group              Risks and Safety Risks’’ (62 FR 19885,
                                           telephone number: (410) 305–2905;                       17 grass tolerance is due to the fact that            April 23, 1997). This action does not
                                           email address: residuemethods@                          EPA is using residues from 0-day                      contain any information collections
                                           epa.gov.                                                postharvest interval (PHI) from grass                 subject to OMB approval under the
                                                                                                   samples (instead of 14-day PHI used by                Paperwork Reduction Act (PRA) (44
                                           B. International Residue Limits                         the applicant). With regard to citrus oil,            U.S.C. 3501 et seq.), nor does it require
                                              In making its tolerance decisions, EPA               the difference between the petitioned-                any special considerations under
                                           seeks to harmonize U.S. tolerances with                 for and established tolerance is due to               Executive Order 12898, entitled
                                           international standards whenever                        the use of the highest average field trial            ‘‘Federal Actions to Address
                                           possible, consistent with U.S. food                     (HAFT) data by EPA (instead of median                 Environmental Justice in Minority
                                                                                                   used by the applicant), times processing              Populations and Low-Income
                                           safety standards and agricultural
                                                                                                   factor. Dried pulp tolerance difference is            Populations’’ (59 FR 7629, February 16,
                                           practices. EPA considers the
                                                                                                   due to EPA rounding of the calculated                 1994).
                                           international maximum residue limits
                                                                                                   tolerance. Lastly, the difference in the                 Since tolerances and exemptions that
                                           (MRLs) established by the Codex
                                                                                                   tolerance in poultry fat is due to                    are established on the basis of a petition
                                           Alimentarius Commission (Codex), as
                                                                                                   recalculating dietary burden for                      under FFDCA section 408(d), such as
                                           required by FFDCA section 408(b)(4).                                                                          the tolerance in this final rule, do not
                                                                                                   livestock, taking into account residues
                                           The Codex Alimentarius is a joint                                                                             require the issuance of a proposed rule,
                                                                                                   on feed commodities from (0-day PHI)
                                           United Nations Food and Agriculture                                                                           the requirements of the Regulatory
                                                                                                   grass, alfalfa and clover which resulted
                                           Organization/World Health                                                                                     Flexibility Act (RFA) (5 U.S.C. 601 et
                                                                                                   in higher than previously calculated
                                           Organization food standards program,                                                                          seq.), do not apply.
                                                                                                   dietary burdens and therefore higher
                                           and it is recognized as an international                                                                         This action directly regulates growers,
                                                                                                   tolerances.
                                           food safety standards-setting                                                                                 food processors, food handlers, and food
                                           organization in trade agreements to                     V. Conclusion                                         retailers, not States or tribes, nor does
                                           which the United States is a party. EPA                   Therefore, tolerances are established               this action alter the relationships or
                                           may establish a tolerance that is                       for residues of fluxapyroxad, in or on                distribution of power and
                                           different from a Codex MRL; however,                    cattle, fat at 0.06 ppm; cattle, meat                 responsibilities established by Congress
                                           FFDCA section 408(b)(4) requires that                   byproduct at 0.04 ppm; citrus, dried                  in the preemption provisions of FFDCA
                                           EPA explain the reasons for departing                   pulp at 3.0 ppm; citrus, oil at 40 ppm;               section 408(n)(4). As such, the Agency
                                           from the Codex level.                                   fruit, citrus, group 10–10 at 1.0 ppm;                has determined that this action will not
                                              There are no Codex MRLs for citrus or                goat, fat at 0.06 ppm; goat, meat                     have a substantial direct effect on States
                                           grass and non-grass animal feed at                      byproduct at 0.04 ppm; grass, forage,                 or tribal governments, on the
                                           present. US and Codex use different                     fodder, and hay, group 17 at 40 ppm;                  relationship between the national
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                                           dietary burden evaluations and                          horse, fat at 0.06 ppm; horse, meat                   government and the States or tribal
                                           calculations which result in US                         byproduct at 0.04 ppm; milk at 0.01                   governments, or on the distribution of
                                           tolerances for residues in ruminant meat                ppm; milk, fat at 0.15 ppm; non-grass                 power and responsibilities among the
                                           byproduct, milk, and milk fat generally                 animal feeds, group 18 at 30 ppm;                     various levels of government or between
                                           much lower than corresponding Codex                     poultry, fat, poultry, meat and meat                  the Federal Government and Indian
                                           MRLs.                                                   byproduct, each at 0.01 ppm; sheep, fat               tribes. Thus, the Agency has determined


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                                                               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                                      27025

                                           that Executive Order 13132, entitled                       The amendments read as follows:                                SUMMARY:   This regulation establishes an
                                           ‘‘Federalism’’ (64 FR 43255, August 10,                                                                                   exemption from the requirement of a
                                           1999) and Executive Order 13175,                        § 180.666 Fluxapyroxad; tolerances for                            tolerance for residues of butanedioic
                                                                                                   residues.
                                           entitled ‘‘Consultation and Coordination                                                                                  acid, 2-sulfo-, C-C9-11-isoalkyl esters,
                                           with Indian Tribal Governments’’ (65 FR                    (a) * * *                                                      C10-rich, disodium salts (CAS Reg. No.
                                           67249, November 9, 2000) do not apply                                                                                     815583–91–6) when used as an inert
                                                                                                                                                      Parts per
                                           to this action. In addition, this action                             Commodity                              million       ingredient (surfactant) in pesticides
                                           does not impose any enforceable duty or                                                                                   applied to growing crops and raw
                                           contain any unfunded mandate as                                                                                           agricultural commodities after harvest
                                           described under Title II of the Unfunded                   *            *              *               *          *       under 40 CFR 180.910 limited to
                                           Mandates Reform Act (UMRA) (2 U.S.C.                    Cattle, fat ..............................                0.06    maximum concentration of 10% by
                                           1501 et seq.).                                                                                                            weight in pesticide formulations. Keller
                                              This action does not involve any                         *            *              *              *          *       and Heckman LLP on behalf of Cytec
                                           technical standards that would require                  Cattle, meat byproduct .........                          0.04    Industries, Inc. submitted a petition to
                                           Agency consideration of voluntary                       Citrus, dried pulp ..................                       3.0
                                                                                                   Citrus, oil ...............................                 40
                                                                                                                                                                     EPA under the Federal Food, Drug, and
                                           consensus standards pursuant to section                                                                                   Cosmetic Act (FFDCA), requesting
                                           12(d) of the National Technology                           *             *              *              *          *       establishment of an exemption from the
                                           Transfer and Advancement Act                            Egg .......................................               0.01    requirement of a tolerance. This
                                           (NTTAA) (15 U.S.C. 272 note).                           Fruit, citrus, group 10–10 .....                            1.0   regulation eliminates the need to
                                           VII. Congressional Review Act                                                                                             establish a maximum permissible level
                                                                                                      *            *              *               *          *       for residues of butanedioic acid,
                                             Pursuant to the Congressional Review                  Grass, forage, fodder and                                         2-sulfo-, C-C9-11-isoalkyl esters, C10-
                                           Act (5 U.S.C. 801 et seq.), EPA will                      hay, group 17 ....................                        40    rich, disodium salts.
                                           submit a report containing this rule and                Goat, fat ................................                0.06
                                                                                                                                                                     DATES: This regulation is effective May
                                           other required information to the U.S.                                                                                    5, 2016. Objections and requests for
                                           Senate, the U.S. House of                                 *         *        *                         *          *
                                                                                                   Goat, meat byproduct ...........                          0.04    hearings must be received on or before
                                           Representatives, and the Comptroller                                                                                      July 5, 2016, and must be filed in
                                           General of the United States prior to                      *           *              *                *          *       accordance with the instructions
                                           publication of the rule in the Federal                  Horse, fat ..............................                 0.06    provided in 40 CFR part 178 (see also
                                           Register. This action is not a ‘‘major                                                                                    Unit I.C. of the SUPPLEMENTARY
                                           rule’’ as defined by 5 U.S.C. 804(2).                      *              *              *             *          *
                                                                                                                                                                     INFORMATION).
                                                                                                   Horse, meat byproduct .........                           0.04
                                           List of Subjects in 40 CFR Part 180                     Milk .......................................              0.01 The docket for this action,
                                                                                                                                                                     ADDRESSES:
                                             Environmental protection,                             Milk, fat .................................               0.15
                                                                                                                                                    identified by docket identification (ID)
                                           Administrative practice and procedure,                  Non-grass animal feed,                           number EPA–HQ–OPP–2015–0213, is
                                           Agricultural commodities, Pesticides                      group 18 ............................       30 available at http://www.regulations.gov
                                           and pests, Reporting and recordkeeping                                                                   or at the Office of Pesticide Programs
                                                                                                       *          *              *           * *
                                           requirements.                                           Poultry, fat ............................   0.01
                                                                                                                                                    Regulatory Public Docket (OPP Docket)
                                             Dated: April 26, 2016.                                Poultry, meat ........................      0.01 in the Environmental Protection Agency
                                           Susan Lewis,                                            Poultry, meat byproduct .......             0.01 Docket Center (EPA/DC), West William
                                                                                                                                                    Jefferson Clinton Bldg., Rm. 3334, 1301
                                           Director, Registration Division, Office of
                                           Pesticide Programs.                                         *          *              *           * *    Constitution Ave. NW., Washington, DC
                                                                                                   Sheep, fat .............................    0.06 20460–0001. The Public Reading Room
                                             Therefore, 40 CFR chapter I is                                                                         is open from 8:30 a.m. to 4:30 p.m.,
                                           amended as follows:                                         *          *              *           * *    Monday through Friday, excluding legal
                                                                                                   Sheep, meat byproduct ........              0.04 holidays. The telephone number for the
                                           PART 180—[AMENDED]                                                                                       Public Reading Room is (202) 566–1744,
                                                                                                       *          *              *           * *
                                           ■ 1. The authority citation for part 180                                                                 and the telephone number for the OPP
                                           continues to read as follows:                           *      *      *         *         *              Docket is (703) 305–5805. Please review
                                                                                                                                                    the visitor instructions and additional
                                               Authority: 21 U.S.C. 321(q), 346a and 371.          [FR Doc. 2016–10581 Filed 5–4–16; 8:45 am]
                                                                                                                                                    information about the docket available
                                              2. In § 180.666, amend the table in                  BILLING CODE 6560–50–P
                                           ■                                                                                                        at http://www.epa.gov/dockets.
                                           paragraph (a) as follows:                                                                                FOR FURTHER INFORMATION CONTACT:
                                           ■ i. Add alphabetically the entries                                                                      Susan Lewis, Registration Division
                                           ‘‘Citrus, dried pulp’’, ‘‘Citrus, oil’’,                ENVIRONMENTAL PROTECTION
                                                                                                   AGENCY                                           (7505P), Office of Pesticide Programs,
                                           ‘‘Fruit, citrus, group 10–10’’, ‘‘Grass                                                                  Environmental Protection Agency, 1200
                                           forage, fodder and hay, group 17’’,                                                                      Pennsylvania Ave. NW., Washington,
                                                                                                   40 CFR Part 180
                                           ‘‘Milk, fat’’, ‘‘Non-grass animal feed,                                                                  DC 20460–0001; main telephone
                                           group 18’’, ‘‘Poultry, fat’’, ‘‘Poultry,                                                                 number: (703) 305–7090; email address:
                                           meat’’ and ‘‘Poultry, meat byproduct’’.                 [EPA–HQ–OPP–2015–0213; FRL–9945–58]
                                                                                                                                                    RDFRNotices@epa.gov.
                                           ■ ii. Revise the following entries
                                           ‘‘Cattle, fat’’, ‘‘Cattle, meat byproduct’’,            Butanedioic Acid, 2-sulfo-, C-C9-11-             SUPPLEMENTARY INFORMATION:
                                           ‘‘Egg’’, ‘‘Goat, fat’’, ‘‘Goat, meat                    isoalkyl esters, C10-rich, Disodium
                                                                                                                                                    I. General Information
ehiers on DSK5VPTVN1PROD with RULES




                                           byproduct’’, ‘‘Horse, fat’’, ‘‘Horse, meat              Salts; Exemption From the
                                           byproduct’’, ‘‘Milk’’, ‘‘Sheep, fat,’’ and              Requirement of a Tolerance                       A. Does this action apply to me?
                                           ‘‘Sheep, meat byproduct’’.                              AGENCY:  Environmental Protection                                   You may be potentially affected by
                                           ■ iii. Remove from the table in                         Agency (EPA).                                                     this action if you are an agricultural
                                           paragraph (d) the entry ‘‘non-grass                     ACTION: Final rule.
                                                                                                                                                                     producer, food manufacturer, or
                                           animal feeds, group 18’’.                                                                                                 pesticide manufacturer. The following


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Document Created: 2016-05-05 01:15:34
Document Modified: 2016-05-05 01:15:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective May 5, 2016. Objections and requests for hearings must be received on or before July 5, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 27019 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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