82_FR_13291 82 FR 13245 - Oxytetracycline; Pesticide Tolerances for Emergency Exemptions

82 FR 13245 - Oxytetracycline; Pesticide Tolerances for Emergency Exemptions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 46 (March 10, 2017)

Page Range13245-13251
FR Document2017-04795

This regulation establishes a time-limited tolerance for residues of oxytetracycline in or on fruit, citrus, group 10-10. This action is in response to EPA's granting of an emergency exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide in citrus production. This regulation establishes a maximum permissible level for residues of oxytetracycline in or on the commodities in this crop group. The time-limited tolerance expires on December 31, 2019.

Federal Register, Volume 82 Issue 46 (Friday, March 10, 2017)
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Rules and Regulations]
[Pages 13245-13251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04795]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0539; FRL-9959-19]


Oxytetracycline; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for 
residues of oxytetracycline in or on fruit, citrus, group 10-10. This 
action is in response to EPA's granting of an emergency exemption under 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
authorizing use of the pesticide in citrus production. This regulation 
establishes a maximum permissible level for residues of oxytetracycline 
in or on the commodities in this crop group. The time-limited tolerance 
expires on December 31, 2019.

DATES: This regulation is effective March 10, 2017. Objections and 
requests for hearings must be received on or before May 9, 2017, 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-2016-0539, 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: Michael L. Goodis, 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:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act 
(FFDCA), 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-
2016-0539 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 May 9, 2017. 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-2016-0539, by one of 
the following methods:

[[Page 13246]]

     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you considered to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with FFDCA sections 
408(e) and 408(l)(6) of 21 U.S.C. 346a(e) and 346a(1)(6), is 
establishing a time-limited tolerance for combined residues of 
oxytetracycline, including its metabolites and degradates, expressed as 
only oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-
1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-
1,11-dioxo-2-naphthacenecarboxamide, in or on fruit, citrus, group 10-
10, at 0.4 parts per million (ppm). The time-limited tolerance expires 
on December 31, 2019.
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited 
tolerance or exemption from the requirement for a tolerance for 
pesticide chemical residues in food that will result from the use of a 
pesticide under an emergency exemption granted by EPA under FIFRA 
section 18. Such tolerances can be established without providing notice 
or period for public comment. EPA does not intend for its actions on 
FIFRA section 18-related time-limited tolerances to set binding 
precedents for the application of FFDCA section 408 and the safety 
standard to other tolerances and exemptions. Section 408(e) of FFDCA 
allows EPA to establish a tolerance or an exemption from the 
requirement of a tolerance on its own initiative, i.e., without having 
received a petition from an outside party.
    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. . . 
.''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State 
agency from any provision of FIFRA, if EPA determines that ``emergency 
conditions exist which require such exemption.'' EPA has established 
regulations governing such emergency exemptions in 40 CFR part 166.

III. Emergency Exemption for Oxytetracycline on Citrus and FFDCA 
Tolerances

    The Florida Department of Agriculture and Consumer Services (FDACS) 
asserted that an emergency situation existed in accordance with the 
criteria for approval of an emergency exemption and requested the use 
of two oxytetracycline products on citrus to suppress Candidatus 
Liberibacter asiaticus (CLas) bacterium that causes Huanglongbing (HLB) 
also known as citrus greening. One product contains oxytetracycline 
calcium, and the other contains oxytetracycline hydrochloride. HLB was 
recently introduced to the US, is vectored by the invasive insect, the 
Asian citrus psyllid, and is the most serious disease of citrus 
worldwide. This disease has rapidly spread throughout Florida's citrus 
production area, causing severe losses with an overall decrease in 
production of more than 60% primarily due to HLB. Significant losses 
have occurred, many producers have gone out of business, and FDACS 
asserts that the long-term economic viability of the citrus industry in 
Florida is threatened by this disease. The bacteria reside in the 
phloem (the circulatory system of the tree), disrupting circulation of 
water and nutrients, which ultimately leads to death of the infected 
tree. Currently there is no cure. FDACS has submitted data that 
indicates that some treatments, including nutritional supplementation 
and use of pesticides like oxytetracycline, may help improve the health 
of infected trees. After reviewing the submission, EPA determined that 
an emergency situation exists for Florida, and that the criteria for 
approval of an emergency exemption are met. EPA has authorized a 
specific exemption under FIFRA section 18 for the use of 
oxytetracycline on citrus in Florida for management of the CLas 
bacterium that causes HLB (citrus greening) disease.
    Oxytetracycline is part of the tetracycline class, and is a broad-
spectrum antibiotic produced from the actinomycete Streptomyces 
rimosus. Two salts of oxytetracycline, oxytetracycline hydrochloride 
and oxytetracycline calcium, are the forms of oxytetracycline 
registered as pesticides for use against bacteria, fungi and 
mycoplasma-like organisms (there are no active registrations for 
oxytetracycline per se). The toxicity of all three forms of 
oxytetracycline is similar and they are considered equivalent for the 
purposes of assessing toxicity and establishing tolerances. Hereafter 
this document will use `oxytetracycline' to refer to all three of these 
materials. As part of its evaluation of the emergency exemption 
application, EPA assessed the potential risks presented by dietary 
exposure through residues of oxytetracycline in or on citrus fruit. All 
commodities in the crop group 10-10, citrus fruit were included in the 
dietary exposure estimates used. In assessing potential risks, EPA 
considered the safety standard in FFDCA section 408(b)(2), and EPA 
decided that the necessary tolerance under FFDCA section 408(l)(6) 
would be consistent with the safety standard and with FIFRA section 18. 
Consistent with the need to move quickly on the emergency exemption in 
order to address an urgent non-routine situation and to ensure that the 
resulting food is safe and lawful, EPA is issuing this tolerance 
without notice and opportunity for public comment as provided in FFDCA 
section 408(l)(6). Although this time-limited tolerance expires on 
December 31, 2019, under FFDCA section 408(l)(5), residues of the 
pesticide not in excess of the amounts specified in the tolerance 
remaining in or on commodities of fruit, citrus, group 10-10 after that 
date will not be unlawful, provided the pesticide was applied in a 
manner that was lawful under FIFRA, and the residues do not exceed a 
level that was authorized by this time-limited tolerance at the time of 
that application. EPA will take action to revoke this time-limited 
tolerance earlier if any experience with, scientific data on, or other 
relevant information on this pesticide indicate that the residues are 
not safe.
    Because the time-limited tolerance is being approved under 
emergency

[[Page 13247]]

conditions, EPA has not made any decisions about whether 
oxytetracycline meets FIFRA's registration requirements for use on 
fruit, citrus, group 10-10, or whether permanent tolerances for this 
use would be appropriate. Under these circumstances, EPA does not 
believe that this time-limited tolerance decision serves as a basis for 
registrations of oxytetracycline by a State for special local needs 
under FIFRA section 24(c). Nor does the tolerance by itself serve as 
the authority for persons in any State other than Florida to use this 
pesticide on the applicable crops under FIFRA section 18 absent the 
issuance of an emergency exemption applicable within that State. For 
additional information regarding the emergency exemption for 
oxytetracycline, contact the Agency's Registration Division at the 
address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    Consistent with 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 expected as a result of this emergency exemption use and the 
time-limited tolerance for residues of oxytetracycline in or on fruit, 
citrus, group 10-10, at 0.4 ppm. EPA's assessment of exposures and 
risks associated with establishing the time-limited tolerance follows.

A. 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 (LOC) 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 https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks.
    The information available on the effects of oxytetracycline in 
humans from pharmaceutical uses, supplemented with the data available 
on the toxicity of oxytetracycline in laboratory animals is sufficient 
to evaluate the toxicity of oxytetracycline. Based on the information 
from these sources, the toxicity and exposure databases for 
oxytetracycline are considered complete, and exposure estimates are 
conservative. The emergency exemption allows use of two oxytetracycline 
compounds: Oxytetracycline hydrochloride and oxytetracycline calcium.
    Previously the endpoint for chronic dietary exposures to 
oxytetracycline was based on the NOAEL of 0.05 milligram/kilogram/day 
(mg/kg/day) from a special dog study, which demonstrated a change in 
intestinal flora at the LOAEL of 0.25 mg/kg/day, with a shift from a 
predominantly drug-susceptible population of enteric lactose-fermenting 
organisms to a multiple-antibiotic-resistant population. However in 
2011, the EPA changed its endpoint selection as recommended by the 
National Academy of Sciences (NAS) report, Toxicity Testing in the 21st 
century: a vision and a strategy. NAS Press (2007). This report advised 
selecting toxicity endpoints for assessing human health risk estimates 
based upon biological perturbations of toxicity pathways that can lead 
to adverse health outcomes under conditions of human exposure. Based on 
this NAS report, in the absence of a demonstrable adverse human health 
outcome, EPA no longer considers the changes in intestinal flora to be 
an appropriate basis for regulating dietary exposure to antibiotics.
    Instead, using a weight-of-the-evidence approach, EPA adopted an 
NOAEL of 100 mg/kg/day based on minor (toxicologically insignificant) 
effects seen in two chronic feeding studies in the rat (NOAELs = 50 and 
150 mg/kg/day) and two chronic toxicity studies in the dog (NOAELs = 
250 mg/kg/day for both, the highest dose tested in these studies), and 
taking into account a National Cancer Institute rat chronic 
carcinogenicity study, with an LOAEL of 1250 mg/kg/day (lowest dose 
tested) based on hyperplasia of the adrenal medulla, and fatty 
metamorphosis and increases in accessory structures of the liver. To 
this 100 mg/kg/day NOAEL, EPA applied the customary 100x UF for both 
interspecies and intraspecies variability resulting in a chronic 
reference dose (cRfD) of 1.0 mg/kg/day for adults. EPA has applied an 
additional 10x ``Food Quality Protection Act (FQPA) safety factor'' to 
provide an additional margin of protection for assessing risks to 
infants and children, resulting in a chronic population-adjusted dose 
(cPAD) of 0.1 mg/kg/day. This is further discussed in unit IV.C. of 
this document.
    A summary of the oxytetracycline toxicology data used for human 
health risk assessment is given in the Table of this unit.

                 Table--Oxytetracycline Toxicological Endpoints for Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                                                 RfD, PAD, and LOC for   Study and toxicological
          Exposure/scenario             POD, UFs, and FQPA SF       risk assessment              effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (All populations)......  NA.....................  NA.....................  No endpoint was
                                                                                          attributable to a
                                                                                          single exposure.
Chronic dietary (All populations)....  NOAEL = 100 mg/kg/day..  cRfD = 1 mg/kg/day.....  The NOAEL of 100 mg/kg/
                                       UFA = 10x..............  cPAD = 0.1 mg/kg/day...   day was derived using
                                       UFH = 10x..............  Chronic dietary           a weight of evidence
                                       FQPA SF = 10x..........   exposure LOC >=100% of   (WOE) approach based
                                                                 cPAD.                    on 3 rat and 2 dog
                                                                                          chronic studies. No
                                                                                          specific LOAEL was
                                                                                          established.
----------------------------------------------------------------------------------------------------------------

[[Page 13248]]

 
Risk assessments for occupational scenarios are not required because no adverse effects were observed from
 dermal or inhalation exposures. Evaluation of residential scenarios was not required because there are no
 registered residential oxytetracycline uses.
----------------------------------------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)....  The Agency's Peer Review Committee has classified oxytetracycline as a
                                        ``Group D'' carcinogen (``Not Classifiable as to Human
                                        Carcinogenicity'').
----------------------------------------------------------------------------------------------------------------
NA = Not Applicable. RfD = reference dose. PAD = population adjusted dose (a = acute, c = chronic). LOC-level of
  concern; mg/kg/day = milligram of pesticide per kilogram of body weight per day. 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 = Food Quality Protection Act Safety Factor. WOE = weight of evidence. NCI = National
  Cancer Institute.

    The complete human health risk assessment for this action may be 
found at http://www.regulations.gov in the following three documents 
``Oxytetracycline. Section 18 Emergency Exemption for Citrus Grown in 
Florida,'' and ``Oxytetracycline. Update to Section 18 Emergency 
Exemption for Citrus Grown in Florida to Consider 10X FQPA,'' in the 
docket for ID number EPA-HQ-OPP-2016-0539.

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to oxytetracycline, EPA considered exposure under the time-
limited tolerances established by this action as well as all existing 
oxytetracycline tolerances in 40 CFR 180.337. EPA assessed dietary 
exposures from oxytetracycline in food as follows:
    i. Acute exposure. No acute dietary effects were identified in the 
toxicological studies or literature for oxytetracycline; therefore, a 
quantitative acute dietary exposure assessment is unnecessary and was 
not conducted.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used 2003-2008 food consumption data from the US 
Department of Agriculture's (USDA's) National Health and Nutrition 
Examination Survey (NHANES). For residue levels in food, EPA assumed 
one hundred percent crop treated (PCT) and tolerance-level residues for 
all registered uses plus the subject tolerance of 0.4 ppm in or on all 
commodities of fruit, citrus, group 10-10. In addition, default 
processing factors were used for all processed commodities except 
citrus juice, oil, and peel, since concentration of oxytetracycline was 
not observed in these commodities. EPA's exposure assessment also 
included tolerance level residues for livestock commodities owing to 
use of oxytetracycline as an animal drug. No anticipated residue or PCT 
refinements were used.
    iii. Cancer. Based on the information referenced in Unit IV.A., EPA 
has concluded that oxytetracycline does not pose a cancer risk to 
humans. No evidence of carcinogenicity was found in a literature search 
of toxicity in animals. There was no evidence of carcinogenicity for 
male or female mice fed oxytetracycline at 1,875 mg/kg/day for two 
years. In the rat carcinogenicity study, there was equivocal evidence 
for carcinogenicity based upon increased incidences of 
pheochromocytomas of the adrenal gland at the highest doses tested for 
males of 2,500 and increased incidences of adenomas of the pituitary 
gland in females at 1,875 mg/kg/day; both doses are extremely high as 
compared to expected human exposure and above the limit dose. The 
mutagenicity assays were all negative except for the mouse lymphoma 
forward mutation assay which was positive only with metabolic 
activation. Based upon this information and the weight of the evidence 
as a whole, the EPA has classified oxytetracycline as a ``Group D'' 
carcinogen (``Not Classifiable as to Human Carcinogenicity''). A review 
of the same data by the National Toxicology Program's (NTP) Peer Review 
Committee was in agreement with this classification. Therefore, a 
dietary exposure assessment for the purpose of assessing cancer risk is 
unnecessary and was not conducted.
    iv. Anticipated residue and PCT information. EPA did not use 
anticipated residue or PCT information in the dietary assessment for 
oxytetracycline. Tolerance level residues and 100 PCT were assumed for 
all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models to derive estimated water concentrations 
for dietary exposure analysis of oxytetracycline exposures through 
drinking water. These simulation models take into account data on the 
physical, chemical, and fate/transport characteristics of 
oxytetracycline. Further information regarding EPA drinking water 
models used in pesticide exposure assessment can be found at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/models-pesticide-risk-assessment#aquatic.
    Based on the Surface Water Calculator, using Pesticide Root Zone 
Model 5+ and the Variable Volume Water Body Model, the estimated 
drinking water concentration (EDWC) of oxytetracycline for non-cancer 
risk assessment due to chronic exposure was 149 parts per billions 
(ppb) for surface water, based on the highest registered rate for 
application to peach and nectarine. The PRZM-Ground Water model 
estimated that no residues of oxytetracycline would result in 
groundwater in any of the six standard scenarios (use modelled for 100 
years), presumably due to the chemical's strong soil sorption. The 
highest EDWC for surface water of 149 ppb was therefore used to assess 
chronic dietary exposure contribution from drinking water and was 
directly entered into the dietary exposure model.
    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).
    Oxytetracycline is not registered or proposed for any specific use 
patterns that would result in residential exposure (non-dietary), and 
therefore this risk assessment was not performed. Further information 
regarding EPA standard assumptions and generic inputs for residential 
exposures may be found at: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.
    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

[[Page 13249]]

``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 oxytetracycline to 
share a common mechanism of toxicity with any other substances, and 
oxytetracycline does not appear to produce a toxic metabolite produced 
by other substances. For the purposes of this tolerance action, 
therefore, EPA has assumed that oxytetracycline 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 https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

C. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply an additional tenfold (10x) margin of safety for infants 
and children in the case of threshold effects, to account for prenatal 
and postnatal toxicity and the completeness of the database on toxicity 
and exposure, unless EPA determines, based on reliable data, that a 
different margin of safety will be safe for infants and children. This 
additional margin of safety, required under the Food Quality Protection 
Act, 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 SF when reliable data available to EPA 
support the choice of a different factor.
    2. Prenatal and postnatal sensitivity. Considering the toxicity 
database for oxytetracycline, the mouse prenatal development study did 
not identify adverse effects up to the highest dose tested (HDT), 2100 
mg/kg/day. In addition, the effects seen in the rat prenatal 
development study occurred only at levels above the limit dose. 
However, clinical use of tetracyclines administered to pregnant women, 
infants and children have resulted in discoloration of the teeth, 
enamel hypoplasia, and bone developmental effects in fetuses and 
children. A decrease in fibula growth in premature infants has been 
observed after an oral dose of 25 mg/kg every six hours, equivalent to 
a total dose of 100 mg/kg/day (though these effects reversed quickly 
after discontinuation of dosing). For these reasons, the FDA recommends 
not administering oral doses of tetracycline to children under 8 years 
of age. In addition, tetracyclines cross the placenta and should not be 
taken during the last half of pregnancy. The effect in premature 
infants dosed with tetracycline was observed at 100 mg/kg/day, the same 
level as that used as the POD for chronic risk assessment (derived from 
laboratory animal toxicity data). Thus, EPA concluded that some 
uncertainty remains regarding the potential sensitivity to infants, 
children under 8 years of age, and pregnant women based upon the 
literature database for therapeutic uses of oxytetracycline, and 
decided to retain the 10x FQPA SF to assure adequate protection for 
these populations.
    3. Conclusion. The existing database, together with the extensive 
literature and study reports available on oxytetracycline, including 
studies submitted to and reviewed by the EPA, the National Toxicology 
Program, and World Health Organization, the FDA and open literature 
studies, are adequate for characterizing toxicity and quantification of 
risk from the proposed and existing uses of oxytetracycline. EPA has 
determined that reliable data indicate that retaining the 10x FQPA SF 
will adequately protect the safety of infants and children. That 
decision is based on the following findings:
    i. The toxicity database for oxytetracycline is complete and there 
are no data gaps.
    ii. There is no indication that oxytetracycline is a neurotoxic 
chemical and there is no need for a developmental neurotoxicity study 
or additional UFs to account for neurotoxicity.
    iii. Although the guideline toxicity studies did not suggest an 
increased lifestage sensitivity/susceptibility (no effects at the 
highest doses tested or effects only above the limit dose), data from 
the pharmaceutical literature suggests that infants and children may be 
more susceptible to oxytetracycline side-effects than adults, and FDA 
does not recommend administering oral doses of tetracycline to children 
under 8 years of age or pregnant women. Therefore, a 10x FQPA SF has 
been retained.
    iv. There are no residual uncertainties with regard to the exposure 
databases. The dietary assessment overestimates actual exposures to 
oxytetracycline because it assumed 100% crop treated, and incorporated 
tolerance-level residues and default processing factors (PFs). EPA also 
made conservative (protective, high-end) assumptions in the 
environmental water modeling used to estimate potential levels of 
oxytetracycline in drinking water. All of the assumptions used for the 
exposure and risk estimates are likely to overestimate exposures that 
may actually occur. Therefore, these assessments will not underestimate 
the exposure and risks posed by oxytetracycline.

D. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into 
account acute exposure estimates from dietary consumption of food and 
drinking water. No adverse effect resulting from a single oral exposure 
was identified (no acute dietary endpoint was determined). Therefore, 
oxytetracycline is not expected to pose an acute risk and no acute risk 
assessment was necessary.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
oxytetracycline from food and water will utilize 40% of the cPAD for 
children 1-2 years old, the population group receiving the greatest 
exposure. There are no residential uses for oxytetracycline. Although 
exposure may occur through therapeutic use of oxytetracycline as a 
drug, such pharmaceutical use is not included in this aggregate 
exposure assessment for agricultural uses of oxytetracycline as a 
pesticide. However, potential exposure through clinical drug use of 
oxytetracycline was considered and compared to the exposure estimates 
from the agricultural use, which is further discussed in Unit IV.D.6. 
below.
    3. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential (non-dietary, non-occupational) exposure 
plus chronic exposure to food and water (considered to be a background 
exposure level). Oxytetracycline is not registered for any use patterns 
that would result in short-term residential exposure. Further, because 
no short-term adverse effect was identified, oxytetracycline is not 
expected to pose a short-term risk and the chronic risk assessment will 
be protective for any short-term exposures.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term

[[Page 13250]]

residential (non-dietary, non-occupational) exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). Oxytetracycline is not registered for any use patterns that 
would result in intermediate-term residential exposure. Further, 
because no intermediate-term adverse effect was identified, 
oxytetracycline is not expected to pose an intermediate-term risk and 
the chronic risk assessment will be protective for any intermediate-
term exposures.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, oxytetracycline is not expected to pose a cancer risk to 
humans and no cancer risk assessment was necessary.
    6. Pharmaceutical Aggregate Risk. Section 408 of the FFDCA requires 
EPA to consider potential sources of exposure to a pesticide and 
related substances in addition to the dietary sources expected to 
result from a pesticide use subject to the tolerance. In order to 
determine whether to issue or maintain a pesticide tolerance, EPA must 
``determine that there is a reasonable certainty of no harm'' resulting 
from the pesticide use subject to the tolerance. Under FFDCA section 
505, the Food and Drug Administration reviews human drugs for safety 
and effectiveness and may approve a drug notwithstanding the 
possibility that some users may experience adverse side effects. EPA 
does not believe that, for purposes of the section 408 dietary risk 
assessment, it is compelled to assume that combined exposures to 
pesticide and pharmaceutical residues that lead to a physiological 
effect in the user necessarily constitutes ``harm'' under the meaning 
of section 408 of FFDCA.
    Rather, EPA believes the appropriate way to consider the 
pharmaceutical use of oxytetracycline in its risk assessment is to 
examine the impact that the additional nonoccupational pesticide 
exposures would have to a pharmaceutical user exposed to the same, or a 
related chemical substance. Where the additional pesticide exposure has 
no more than a minimal impact on the pharmaceutical user, EPA can make 
a reasonable certainty of no harm finding for the pesticide tolerances 
of that compound under section 408 of the FFDCA. If the potential 
impact on the pharmaceutical user as a result of co-exposure from 
pesticide use is more than minimal, then EPA would not be able to 
conclude that dietary residues were safe and would need to discuss with 
FDA appropriate measures to reduce exposure from one or both sources.
    EPA's pesticide exposure assessment has taken into consideration 
the appropriate population, exposure route, and exposure duration for 
comparison with exposure to the pharmaceutical use of oxytetracycline. 
The typical pharmaceutical oxytetracycline dose for children is 25 mg/
kg/day. This dose is approximately 1,262 times greater than the dietary 
exposure estimate of 0.019809 mg/kg/day, the food and water exposure 
estimate for children 6-12 years old. This group represents the 
potential highest exposed population group, in terms of considering 
therapeutic use of oxytetracycline (children under 8 yrs old are not 
given therapeutic oxytetracycline). Therefore, because the pesticide 
exposure has no more than a minimal impact on the total dose to a 
pharmaceutical user, EPA believes that there is a reasonable certainty 
that no harm will result from the potential dietary pesticide exposure 
of a user being treated therapeutically with oxytetracycline.
    7. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children, from aggregate 
exposure to oxytetracycline.

V. Other Considerations

A. Analytical Enforcement Methodology

    The analytical method used to derive the citrus residue data for 
determining the appropriate tolerance levels was based on Method 
STM2028.06, which was found to be scientifically acceptable for 
enforcement of tolerances of oxytetracycline on apple, pear and peach. 
This method employs liquid chromatography with tandem mass spectrometry 
(LC/MS/MS) using turbo ion spray in the positive ion mode, monitoring 
two ion transitions for confirmation of oxytetracycline, and was 
adequately validated for the quantitation and confirmation of ion 
transitions using samples of apple and nectarine. A successful 
independent laboratory validation was performed as well using samples 
of apple, pear, peach, and nectarine. Since the method used for citrus 
was similar to this and provided adequate recoveries for citrus fruits, 
it is considered adequate to support the emergency exemption use and 
enforce the tolerance expression of oxytetracycline in or on 
commodities of fruit, citrus, group 10-10. 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 is a joint United Nations Food and 
Agriculture Organization/World Health Organization food standards 
program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level. The Codex has not 
established a MRL for oxytetracycline.

VI. Conclusion

    Therefore, a time-limited tolerance is established for residues of 
oxytetracycline and its metabolites and degradates, expressed as only 
oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-
1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-
1,11-dioxo-2-naphthacenecarboxamide, in or on fruit, citrus, group 10-
10 at 0.4 ppm. This tolerance expires on December 31, 2019.

VII. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA sections 408(e) and 
408(l)(6). 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

[[Page 13251]]

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 in accordance 
with FFDCA sections 408(e) and 408(l)(6), such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA submitted 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: February 23, 2017,
Michael Goodis,
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.  180.337 revise paragraph (b) to read as follows:


Sec.  180.337  Oxytetracycline; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances 
specified in the following table are established for residues of the 
fungicide/bactericide oxytetracycline, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is to 
be determined by measuring only oxytetracycline, 
(4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-1,4,4a,5,5a,6,11,12a-
octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo-2-
naphthacenecarboxamide, in or on the specified agricultural 
commodities, resulting from use of the pesticide pursuant to FIFRA 
section 18 emergency exemptions. The tolerances expire on the dates 
specified in the table.

------------------------------------------------------------------------
                                           Parts per       Expiration/
               Commodity                    million      revocation date
------------------------------------------------------------------------
Fruit, citrus, group 10-10............            0.40       12/31/2019
------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-04795 Filed 3-9-17; 8:45 am]
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                                                                 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations                                          13245

                                               Dated: December 2, 2016.                              ENVIRONMENTAL PROTECTION                              I. General Information
                                             Deborah Jordan,                                         AGENCY                                                A. Does this action apply to me?
                                             Acting Regional Administrator, Region IX.
                                                                                                     40 CFR Part 180                                          You may be potentially affected by
                                               Part 52, Chapter I, Title 40 of the Code                                                                    this action if you are an agricultural
                                             of Federal Regulations is amended as                                                                          producer, food manufacturer, or
                                             follows:                                                [EPA–HQ–OPP–2016–0539; FRL–9959–19]
                                                                                                                                                           pesticide manufacturer. The following
                                             PART 52—APPROVAL AND                                    Oxytetracycline; Pesticide Tolerances                 list of North American Industrial
                                             PROMULGATION OF                                         for Emergency Exemptions                              Classification System (NAICS) codes is
                                             IMPLEMENTATION PLANS                                                                                          not intended to be exhaustive, but rather
                                                                                                     AGENCY: Environmental Protection                      provides a guide to help readers
                                                                                                     Agency (EPA).                                         determine whether this document
                                             ■ 1. The authority citation for Part 52
                                             continues to read as follows:                           ACTION:   Final rule.                                 applies to them. Potentially affected
                                                                                                                                                           entities may include:
                                                 Authority: 42 U.S.C. 7401 et seq.
                                                                                                     SUMMARY:   This regulation establishes a                 • Crop production (NAICS code 111).
                                             Subpart F—California                                    time-limited tolerance for residues of                   • Animal production (NAICS code
                                                                                                     oxytetracycline in or on fruit, citrus,               112).
                                             ■ 2. Section 52.220 is amended by                       group 10–10. This action is in response                  • Food manufacturing (NAICS code
                                             adding paragraphs (c)(255)(i)(G)(2) and                 to EPA’s granting of an emergency                     311).
                                             (c)(474)(i)(D) to read as follows:                      exemption under the Federal                              • Pesticide manufacturing (NAICS
                                                                                                     Insecticide, Fungicide, and Rodenticide               code 32532).
                                             § 52.220    Identification of plan—in part.             Act (FIFRA) authorizing use of the
                                             *      *     *    *     *                                                                                     B. How can I get electronic access to
                                                                                                     pesticide in citrus production. This
                                                                                                                                                           other related information?
                                                (c) * * *                                            regulation establishes a maximum
                                                (255) * * *                                          permissible level for residues of                       You may access a frequently updated
                                                (i) * * *                                            oxytetracycline in or on the                          electronic version of 40 CFR part 180
                                                (G) * * *                                            commodities in this crop group. The                   through the Government Printing
                                                                                                     time-limited tolerance expires on                     Office’s e-CFR site at http://
                                                (2) Previously approved on December                                                                        www.ecfr.gov/cgi-bin/text-
                                                                                                     December 31, 2019.
                                             7, 2000, in paragraph (c)(255)(i)(G)(1) of                                                                    idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                             this section and now deleted without                    DATES:  This regulation is effective
                                                                                                                                                           40tab_02.tpl.
                                             replacement Rule 26.10.                                 March 10, 2017. Objections and requests
                                             *      *     *    *     *                               for hearings must be received on or                   C. How can I file an objection or hearing
                                                (474) * * *                                          before May 9, 2017, and must be filed                 request?
                                                                                                     in accordance with the instructions
                                                (i) * * *                                                                                                    Under section 408(g) of the Federal
                                                                                                     provided in 40 CFR part 178 (see also
                                                (D) Ventura County Air Pollution                                                                           Food, Drug, and Cosmetic Act (FFDCA),
                                                                                                     Unit I.C. of the SUPPLEMENTARY
                                             Control District.                                                                                             21 U.S.C. 346a, any person may file an
                                                                                                     INFORMATION).
                                                (1) Rule 26.13, ‘‘New Source                                                                               objection to any aspect of this regulation
                                             Review—Prevention of Significant                        ADDRESSES:    The docket for this action,             and may also request a hearing on those
                                             Deterioration (PSD),’’ revised on                       identified by docket identification (ID)              objections. You must file your objection
                                             November 10, 2015.                                      number EPA–HQ–OPP–2016–0539, is                       or request a hearing on this regulation
                                                                                                     available at http://www.regulations.gov               in accordance with the instructions
                                             *      *     *    *     *
                                                                                                     or at the Office of Pesticide Programs                provided in 40 CFR part 178. To ensure
                                             ■ 3. Section 52.270 is amended by                                                                             proper receipt by EPA, you must
                                                                                                     Regulatory Public Docket (OPP Docket)
                                             adding paragraph (b)(17) to read as                     in the Environmental Protection Agency                identify docket ID number EPA–HQ–
                                             follows:                                                Docket Center (EPA/DC), West William                  OPP–2016–0539 in the subject line on
                                             § 52.270    Significant deterioration of air            Jefferson Clinton Bldg., Rm. 3334, 1301               the first page of your submission. All
                                             quality.                                                Constitution Ave. NW., Washington, DC                 objections and requests for a hearing
                                                                                                     20460–0001. The Public Reading Room                   must be in writing, and must be
                                             *     *     *    *     *
                                                                                                     is open from 8:30 a.m. to 4:30 p.m.,                  received by the Hearing Clerk on or
                                               (b) * * *                                                                                                   before May 9, 2017. Addresses for mail
                                                                                                     Monday through Friday, excluding legal
                                               (17) The PSD program for the Ventura                  holidays. The telephone number for the                and hand delivery of objections and
                                             County Air Pollution Control District                   Public Reading Room is (202) 566–1744,                hearing requests are provided in 40 CFR
                                             (VCAPCD), as incorporated by reference                  and the telephone number for the OPP                  178.25(b).
                                             in § 52.220(c)(474)(i)(D)(1), is approved               Docket is (703) 305–5805. Please review                 In addition to filing an objection or
                                             under part C, subpart 1, of the Clean Air               the visitor instructions and additional               hearing request with the Hearing Clerk
                                             Act. For PSD permits previously issued                  information about the docket available                as described in 40 CFR part 178, please
                                             by EPA pursuant to § 52.21 to sources                   at http://www.epa.gov/dockets.                        submit a copy of the filing (excluding
                                             located in the VCAPCD, this approval                                                                          any Confidential Business Information
                                             includes the authority for the VCAPCD                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           (CBI)) for inclusion in the public docket.
                                             to conduct general administration of                    Michael L. Goodis, Registration Division              Information not marked confidential
pmangrum on DSK3GDR082PROD with RULES




                                             these existing permits, authority to                    (7505P), Office of Pesticide Programs,                pursuant to 40 CFR part 2 may be
                                             process and issue any and all                           Environmental Protection Agency, 1200                 disclosed publicly by EPA without prior
                                             subsequent permit actions relating to                   Pennsylvania Ave. NW., Washington,                    notice. Submit the non-CBI copy of your
                                             such permits, and authority to enforce                  DC 20460–0001; main telephone                         objection or hearing request, identified
                                             such permits.                                           number: (703) 305–7090; email address:                by docket ID number EPA–HQ–OPP–
                                             [FR Doc. 2017–04680 Filed 3–9–17; 8:45 am]              RDFRNotices@epa.gov.                                  2016–0539, by one of the following
                                             BILLING CODE 6560–50–P                                  SUPPLEMENTARY INFORMATION:                            methods:


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                                             13246               Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations

                                               • Federal eRulemaking Portal: http://                 reasonable certainty that no harm will                emergency situation exists for Florida,
                                             www.regulations.gov. Follow the online                  result from aggregate exposure to the                 and that the criteria for approval of an
                                             instructions for submitting comments.                   pesticide chemical residue, including                 emergency exemption are met. EPA has
                                             Do not submit electronically any                        all anticipated dietary exposures and all             authorized a specific exemption under
                                             information you considered to be CBI or                 other exposures for which there is                    FIFRA section 18 for the use of
                                             other information whose disclosure is                   reliable information.’’ This includes                 oxytetracycline on citrus in Florida for
                                             restricted by statute.                                  exposure through drinking water and in                management of the CLas bacterium that
                                               • Mail: OPP Docket, Environmental                     residential settings, but does not include            causes HLB (citrus greening) disease.
                                             Protection Agency Docket Center (EPA/                   occupational exposure. Section                           Oxytetracycline is part of the
                                             DC), (28221T), 1200 Pennsylvania Ave.                   408(b)(2)(C) of FFDCA requires EPA to                 tetracycline class, and is a broad-
                                             NW., Washington, DC 20460–0001.                         give special consideration to exposure                spectrum antibiotic produced from the
                                               • Hand Delivery: To make special                      of infants and children to the pesticide              actinomycete Streptomyces rimosus.
                                             arrangements for hand delivery or                       chemical residue in establishing a                    Two salts of oxytetracycline,
                                             delivery of boxed information, please                   tolerance and to ‘‘ensure that there is a             oxytetracycline hydrochloride and
                                             follow the instructions at http://                      reasonable certainty that no harm will                oxytetracycline calcium, are the forms
                                             www.epa.gov/dockets/where-send-                         result to infants and children from                   of oxytetracycline registered as
                                             comments-epa-dockets.                                   aggregate exposure to the pesticide                   pesticides for use against bacteria, fungi
                                               Additional instructions on                            chemical residue. . . .’’                             and mycoplasma-like organisms (there
                                             commenting or visiting the docket,                         Section 18 of FIFRA authorizes EPA                 are no active registrations for
                                             along with more information about                       to exempt any Federal or State agency                 oxytetracycline per se). The toxicity of
                                             dockets generally, is available at http://              from any provision of FIFRA, if EPA                   all three forms of oxytetracycline is
                                             www.epa.gov/dockets.                                    determines that ‘‘emergency conditions                similar and they are considered
                                             II. Background and Statutory Findings                   exist which require such exemption.’’                 equivalent for the purposes of assessing
                                                                                                     EPA has established regulations                       toxicity and establishing tolerances.
                                                EPA, on its own initiative, in                       governing such emergency exemptions                   Hereafter this document will use
                                             accordance with FFDCA sections 408(e)                   in 40 CFR part 166.                                   ‘oxytetracycline’ to refer to all three of
                                             and 408(l)(6) of 21 U.S.C. 346a(e) and                                                                        these materials. As part of its evaluation
                                             346a(1)(6), is establishing a time-limited              III. Emergency Exemption for
                                                                                                                                                           of the emergency exemption
                                             tolerance for combined residues of                      Oxytetracycline on Citrus and FFDCA
                                                                                                                                                           application, EPA assessed the potential
                                             oxytetracycline, including its                          Tolerances
                                                                                                                                                           risks presented by dietary exposure
                                             metabolites and degradates, expressed                      The Florida Department of                          through residues of oxytetracycline in or
                                             as only oxytetracycline,                                Agriculture and Consumer Services                     on citrus fruit. All commodities in the
                                             (4S,4aR,5S,5aR,6S,12aS)-4-                              (FDACS) asserted that an emergency                    crop group 10–10, citrus fruit were
                                             (dimethylamino)-1,4,4a,5,5a,6,11,12a-                   situation existed in accordance with the              included in the dietary exposure
                                             octahydro-3,5,6,10,12,12a-hexahydroxy-                  criteria for approval of an emergency                 estimates used. In assessing potential
                                             6-methyl-1,11-dioxo-2-                                  exemption and requested the use of two                risks, EPA considered the safety
                                             naphthacenecarboxamide, in or on fruit,                 oxytetracycline products on citrus to                 standard in FFDCA section 408(b)(2),
                                             citrus, group 10–10, at 0.4 parts per                   suppress Candidatus Liberibacter                      and EPA decided that the necessary
                                             million (ppm). The time-limited                         asiaticus (CLas) bacterium that causes                tolerance under FFDCA section 408(l)(6)
                                             tolerance expires on December 31, 2019.                 Huanglongbing (HLB) also known as                     would be consistent with the safety
                                                Section 408(l)(6) of FFDCA requires                  citrus greening. One product contains                 standard and with FIFRA section 18.
                                             EPA to establish a time-limited                         oxytetracycline calcium, and the other                Consistent with the need to move
                                             tolerance or exemption from the                         contains oxytetracycline hydrochloride.               quickly on the emergency exemption in
                                             requirement for a tolerance for pesticide               HLB was recently introduced to the US,                order to address an urgent non-routine
                                             chemical residues in food that will                     is vectored by the invasive insect, the               situation and to ensure that the resulting
                                             result from the use of a pesticide under                Asian citrus psyllid, and is the most                 food is safe and lawful, EPA is issuing
                                             an emergency exemption granted by                       serious disease of citrus worldwide.                  this tolerance without notice and
                                             EPA under FIFRA section 18. Such                        This disease has rapidly spread                       opportunity for public comment as
                                             tolerances can be established without                   throughout Florida’s citrus production                provided in FFDCA section 408(l)(6).
                                             providing notice or period for public                   area, causing severe losses with an                   Although this time-limited tolerance
                                             comment. EPA does not intend for its                    overall decrease in production of more                expires on December 31, 2019, under
                                             actions on FIFRA section 18-related                     than 60% primarily due to HLB.                        FFDCA section 408(l)(5), residues of the
                                             time-limited tolerances to set binding                  Significant losses have occurred, many                pesticide not in excess of the amounts
                                             precedents for the application of FFDCA                 producers have gone out of business,                  specified in the tolerance remaining in
                                             section 408 and the safety standard to                  and FDACS asserts that the long-term                  or on commodities of fruit, citrus, group
                                             other tolerances and exemptions.                        economic viability of the citrus industry             10–10 after that date will not be
                                             Section 408(e) of FFDCA allows EPA to                   in Florida is threatened by this disease.             unlawful, provided the pesticide was
                                             establish a tolerance or an exemption                   The bacteria reside in the phloem (the                applied in a manner that was lawful
                                             from the requirement of a tolerance on                  circulatory system of the tree),                      under FIFRA, and the residues do not
                                             its own initiative, i.e., without having                disrupting circulation of water and                   exceed a level that was authorized by
                                             received a petition from an outside                     nutrients, which ultimately leads to                  this time-limited tolerance at the time of
                                             party.                                                  death of the infected tree. Currently                 that application. EPA will take action to
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                                                Section 408(b)(2)(A)(i) of FFDCA                     there is no cure. FDACS has submitted                 revoke this time-limited tolerance
                                             allows EPA to establish a tolerance (the                data that indicates that some treatments,             earlier if any experience with, scientific
                                             legal limit for a pesticide chemical                    including nutritional supplementation                 data on, or other relevant information
                                             residue in or on a food) only if EPA                    and use of pesticides like                            on this pesticide indicate that the
                                             determines that the tolerance is ‘‘safe.’’              oxytetracycline, may help improve the                 residues are not safe.
                                             Section 408(b)(2)(A)(ii) of FFDCA                       health of infected trees. After reviewing                Because the time-limited tolerance is
                                             defines ‘‘safe’’ to mean that ‘‘there is a              the submission, EPA determined that an                being approved under emergency


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                                                                 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations                                                                           13247

                                             conditions, EPA has not made any                            of reference values for risk assessment.                                  the EPA changed its endpoint selection
                                             decisions about whether oxytetracycline                     PODs are developed based on a careful                                     as recommended by the National
                                             meets FIFRA’s registration requirements                     analysis of the doses in each                                             Academy of Sciences (NAS) report,
                                             for use on fruit, citrus, group 10–10, or                   toxicological study to determine the                                      Toxicity Testing in the 21st century: a
                                             whether permanent tolerances for this                       dose at which no adverse effects are                                      vision and a strategy. NAS Press (2007).
                                             use would be appropriate. Under these                       observed (the NOAEL) and the lowest                                       This report advised selecting toxicity
                                             circumstances, EPA does not believe                         dose at which adverse effects of concern                                  endpoints for assessing human health
                                             that this time-limited tolerance decision                   are identified (the LOAEL). Uncertainty/                                  risk estimates based upon biological
                                             serves as a basis for registrations of                      safety factors are used in conjunction                                    perturbations of toxicity pathways that
                                             oxytetracycline by a State for special                      with the POD to calculate a safe                                          can lead to adverse health outcomes
                                             local needs under FIFRA section 24(c).                      exposure level—generally referred to as                                   under conditions of human exposure.
                                             Nor does the tolerance by itself serve as                   a population-adjusted dose (PAD) or a                                     Based on this NAS report, in the
                                             the authority for persons in any State                      reference dose (RfD)—and a safe margin                                    absence of a demonstrable adverse
                                             other than Florida to use this pesticide                    of exposure (MOE). For non-threshold                                      human health outcome, EPA no longer
                                             on the applicable crops under FIFRA                         risks, the Agency assumes that any                                        considers the changes in intestinal flora
                                             section 18 absent the issuance of an                        amount of exposure will lead to some                                      to be an appropriate basis for regulating
                                             emergency exemption applicable within                       degree of risk. Thus, the Agency                                          dietary exposure to antibiotics.
                                             that State. For additional information                      estimates risk in terms of the probability
                                                                                                                                                                                      Instead, using a weight-of-the-
                                             regarding the emergency exemption for                       of an occurrence of the adverse effect
                                                                                                                                                                                   evidence approach, EPA adopted an
                                             oxytetracycline, contact the Agency’s                       expected in a lifetime. For more
                                                                                                                                                                                   NOAEL of 100 mg/kg/day based on
                                             Registration Division at the address                        information on the general principles
                                                                                                                                                                                   minor (toxicologically insignificant)
                                             provided under FOR FURTHER                                  EPA uses in risk characterization and a
                                                                                                                                                                                   effects seen in two chronic feeding
                                             INFORMATION CONTACT.                                        complete description of the risk
                                                                                                                                                                                   studies in the rat (NOAELs = 50 and 150
                                                                                                         assessment process, see https://
                                             IV. Aggregate Risk Assessment and                                                                                                     mg/kg/day) and two chronic toxicity
                                                                                                         www.epa.gov/pesticide-science-and-
                                             Determination of Safety                                                                                                               studies in the dog (NOAELs = 250 mg/
                                                                                                         assessing-pesticide-risks.
                                                                                                            The information available on the                                       kg/day for both, the highest dose tested
                                               Consistent with the factors specified
                                                                                                         effects of oxytetracycline in humans                                      in these studies), and taking into
                                             in FFDCA section 408(b)(2)(D), EPA has
                                                                                                         from pharmaceutical uses,                                                 account a National Cancer Institute rat
                                             reviewed the available scientific data
                                                                                                         supplemented with the data available                                      chronic carcinogenicity study, with an
                                             and other relevant information in
                                                                                                         on the toxicity of oxytetracycline in                                     LOAEL of 1250 mg/kg/day (lowest dose
                                             support of this action. EPA has
                                                                                                         laboratory animals is sufficient to                                       tested) based on hyperplasia of the
                                             sufficient data to assess the hazards of
                                                                                                         evaluate the toxicity of oxytetracycline.                                 adrenal medulla, and fatty
                                             and to make a determination on
                                                                                                         Based on the information from these                                       metamorphosis and increases in
                                             aggregate exposure expected as a result
                                                                                                         sources, the toxicity and exposure                                        accessory structures of the liver. To this
                                             of this emergency exemption use and
                                                                                                         databases for oxytetracycline are                                         100 mg/kg/day NOAEL, EPA applied
                                             the time-limited tolerance for residues
                                                                                                         considered complete, and exposure                                         the customary 100× UF for both
                                             of oxytetracycline in or on fruit, citrus,
                                                                                                         estimates are conservative. The                                           interspecies and intraspecies variability
                                             group 10–10, at 0.4 ppm. EPA’s
                                                                                                         emergency exemption allows use of two                                     resulting in a chronic reference dose
                                             assessment of exposures and risks
                                                                                                         oxytetracycline compounds:                                                (cRfD) of 1.0 mg/kg/day for adults. EPA
                                             associated with establishing the time-
                                                                                                         Oxytetracycline hydrochloride and                                         has applied an additional 10× ‘‘Food
                                             limited tolerance follows.
                                                                                                         oxytetracycline calcium.                                                  Quality Protection Act (FQPA) safety
                                             A. Toxicological Points of Departure/                          Previously the endpoint for chronic                                    factor’’ to provide an additional margin
                                             Levels of Concern                                           dietary exposures to oxytetracycline was                                  of protection for assessing risks to
                                                Once a pesticide’s toxicological                         based on the NOAEL of 0.05 milligram/                                     infants and children, resulting in a
                                             profile is determined, EPA identifies                       kilogram/day (mg/kg/day) from a special                                   chronic population-adjusted dose
                                             toxicological points of departure (POD)                     dog study, which demonstrated a                                           (cPAD) of 0.1 mg/kg/day. This is further
                                             and levels of concern (LOC) to use in                       change in intestinal flora at the LOAEL                                   discussed in unit IV.C. of this
                                             evaluating the risk posed by human                          of 0.25 mg/kg/day, with a shift from a                                    document.
                                             exposure to the pesticide. For hazards                      predominantly drug-susceptible                                               A summary of the oxytetracycline
                                             that have a threshold below which there                     population of enteric lactose-fermenting                                  toxicology data used for human health
                                             is no appreciable risk, the toxicological                   organisms to a multiple-antibiotic-                                       risk assessment is given in the Table of
                                             POD is used as the basis for derivation                     resistant population. However in 2011,                                    this unit.

                                                              TABLE—OXYTETRACYCLINE TOXICOLOGICAL ENDPOINTS FOR HUMAN HEALTH RISK ASSESSMENT
                                                                                                                                                    RfD, PAD, and LOC for risk
                                                      Exposure/scenario                       POD, UFs, and FQPA SF                                                                                    Study and toxicological effects
                                                                                                                                                           assessment

                                             Acute dietary (All populations) .......    NA .................................................   NA .................................................   No endpoint was attributable to a
                                                                                                                                                                                                        single exposure.
                                             Chronic dietary (All populations) ....     NOAEL = 100 mg/kg/day .............                    cRfD = 1 mg/kg/day ......................              The NOAEL of 100 mg/kg/day
pmangrum on DSK3GDR082PROD with RULES




                                                                                        UFA = 10×                                              cPAD = 0.1 mg/kg/day                                     was derived using a weight of
                                                                                        UFH = 10×                                              Chronic dietary exposure LOC                             evidence    (WOE)     approach
                                                                                        FQPA SF = 10× ............................               ≥100% of cPAD.                                         based on 3 rat and 2 dog
                                                                                                                                                                                                        chronic studies. No specific
                                                                                                                                                                                                        LOAEL was established.




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                                             13248               Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations

                                                     TABLE—OXYTETRACYCLINE TOXICOLOGICAL ENDPOINTS FOR HUMAN HEALTH RISK ASSESSMENT—Continued
                                                                                                                                     RfD, PAD, and LOC for risk
                                                      Exposure/scenario                     POD, UFs, and FQPA SF                                                        Study and toxicological effects
                                                                                                                                            assessment

                                             Risk assessments for occupational scenarios are not required because no adverse effects were observed from dermal or inhalation exposures.
                                               Evaluation of residential scenarios was not required because there are no registered residential oxytetracycline uses.

                                             Cancer (Oral, dermal, inhalation) ..       The Agency’s Peer Review Committee has classified oxytetracycline as a ‘‘Group D’’ carcinogen (‘‘Not
                                                                                        Classifiable as to Human Carcinogenicity’’).
                                               NA = Not Applicable. RfD = reference dose. PAD = population adjusted dose (a = acute, c = chronic). LOC-level of concern; mg/kg/day = milli-
                                             gram of pesticide per kilogram of body weight per day. 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 = Food Quality Protection Act Safety Factor. WOE = weight of evidence. NCI = National Can-
                                             cer Institute.


                                                The complete human health risk                         iii. Cancer. Based on the information               Further information regarding EPA
                                             assessment for this action may be found                 referenced in Unit IV.A., EPA has                     drinking water models used in pesticide
                                             at http://www.regulations.gov in the                    concluded that oxytetracycline does not               exposure assessment can be found at
                                             following three documents                               pose a cancer risk to humans. No                      https://www.epa.gov/pesticide-science-
                                             ‘‘Oxytetracycline. Section 18 Emergency                 evidence of carcinogenicity was found                 and-assessing-pesticide-risks/models-
                                             Exemption for Citrus Grown in Florida,’’                in a literature search of toxicity in                 pesticide-risk-assessment#aquatic.
                                             and ‘‘Oxytetracycline. Update to Section                animals. There was no evidence of                        Based on the Surface Water
                                             18 Emergency Exemption for Citrus                       carcinogenicity for male or female mice               Calculator, using Pesticide Root Zone
                                             Grown in Florida to Consider 10X                        fed oxytetracycline at 1,875 mg/kg/day                Model 5+ and the Variable Volume
                                             FQPA,’’ in the docket for ID number                     for two years. In the rat carcinogenicity             Water Body Model, the estimated
                                             EPA–HQ–OPP–2016–0539.                                   study, there was equivocal evidence for               drinking water concentration (EDWC) of
                                                                                                     carcinogenicity based upon increased                  oxytetracycline for non-cancer risk
                                             B. Exposure Assessment                                  incidences of pheochromocytomas of                    assessment due to chronic exposure was
                                                1. Dietary exposure from food and                    the adrenal gland at the highest doses                149 parts per billions (ppb) for surface
                                             feed uses. In evaluating dietary                        tested for males of 2,500 and increased               water, based on the highest registered
                                             exposure to oxytetracycline, EPA                        incidences of adenomas of the pituitary               rate for application to peach and
                                             considered exposure under the time-                     gland in females at 1,875 mg/kg/day;                  nectarine. The PRZM-Ground Water
                                             limited tolerances established by this                  both doses are extremely high as                      model estimated that no residues of
                                             action as well as all existing                          compared to expected human exposure                   oxytetracycline would result in
                                             oxytetracycline tolerances in 40 CFR                    and above the limit dose. The                         groundwater in any of the six standard
                                             180.337. EPA assessed dietary                           mutagenicity assays were all negative                 scenarios (use modelled for 100 years),
                                             exposures from oxytetracycline in food                  except for the mouse lymphoma forward                 presumably due to the chemical’s strong
                                             as follows:                                             mutation assay which was positive only                soil sorption. The highest EDWC for
                                                                                                     with metabolic activation. Based upon                 surface water of 149 ppb was therefore
                                                i. Acute exposure. No acute dietary                  this information and the weight of the                used to assess chronic dietary exposure
                                             effects were identified in the                          evidence as a whole, the EPA has                      contribution from drinking water and
                                             toxicological studies or literature for                 classified oxytetracycline as a ‘‘Group               was directly entered into the dietary
                                             oxytetracycline; therefore, a quantitative              D’’ carcinogen (‘‘Not Classifiable as to              exposure model.
                                             acute dietary exposure assessment is                    Human Carcinogenicity’’). A review of                    3. From non-dietary exposure. The
                                             unnecessary and was not conducted.                      the same data by the National                         term ‘‘residential exposure’’ is used in
                                                ii. Chronic exposure. In conducting                  Toxicology Program’s (NTP) Peer                       this document to refer to non-
                                             the chronic dietary exposure assessment                 Review Committee was in agreement                     occupational, non-dietary exposure
                                             EPA used 2003–2008 food consumption                     with this classification. Therefore, a                (e.g., for lawn and garden pest control,
                                             data from the US Department of                          dietary exposure assessment for the                   indoor pest control, termiticides, and
                                             Agriculture’s (USDA’s) National Health                  purpose of assessing cancer risk is                   flea and tick control on pets).
                                             and Nutrition Examination Survey                        unnecessary and was not conducted.                       Oxytetracycline is not registered or
                                             (NHANES). For residue levels in food,                      iv. Anticipated residue and PCT                    proposed for any specific use patterns
                                             EPA assumed one hundred percent crop                    information. EPA did not use                          that would result in residential
                                             treated (PCT) and tolerance-level                       anticipated residue or PCT information                exposure (non-dietary), and therefore
                                             residues for all registered uses plus the               in the dietary assessment for                         this risk assessment was not performed.
                                             subject tolerance of 0.4 ppm in or on all               oxytetracycline. Tolerance level                      Further information regarding EPA
                                             commodities of fruit, citrus, group 10–                 residues and 100 PCT were assumed for                 standard assumptions and generic
                                             10. In addition, default processing                     all food commodities.                                 inputs for residential exposures may be
                                             factors were used for all processed                        2. Dietary exposure from drinking                  found at: https://www.epa.gov/
                                             commodities except citrus juice, oil, and               water. The Agency used screening level                pesticide-science-and-assessing-
                                             peel, since concentration of                            water exposure models to derive                       pesticide-risks/standard-operating-
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                                             oxytetracycline was not observed in                     estimated water concentrations for                    procedures-residential-pesticide.
                                             these commodities. EPA’s exposure                       dietary exposure analysis of                             4. Cumulative effects from substances
                                             assessment also included tolerance level                oxytetracycline exposures through                     with a common mechanism of toxicity.
                                             residues for livestock commodities                      drinking water. These simulation                      Section 408(b)(2)(D)(v) of FFDCA
                                             owing to use of oxytetracycline as an                   models take into account data on the                  requires that when considering whether
                                             animal drug. No anticipated residue or                  physical, chemical, and fate/transport                to establish, modify, or revoke a
                                             PCT refinements were used.                              characteristics of oxytetracycline.                   tolerance, the Agency consider


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                                                                 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations                                        13249

                                             ‘‘available information’’ concerning the                placenta and should not be taken during               overestimate exposures that may
                                             cumulative effects of a particular                      the last half of pregnancy. The effect in             actually occur. Therefore, these
                                             pesticide’s residues and ‘‘other                        premature infants dosed with                          assessments will not underestimate the
                                             substances that have a common                           tetracycline was observed at 100 mg/kg/               exposure and risks posed by
                                             mechanism of toxicity.’’ EPA has not                    day, the same level as that used as the               oxytetracycline.
                                             found oxytetracycline to share a                        POD for chronic risk assessment
                                                                                                                                                           D. Aggregate Risks and Determination of
                                             common mechanism of toxicity with                       (derived from laboratory animal toxicity
                                                                                                                                                           Safety
                                             any other substances, and                               data). Thus, EPA concluded that some
                                             oxytetracycline does not appear to                      uncertainty remains regarding the                        EPA determines whether acute and
                                             produce a toxic metabolite produced by                  potential sensitivity to infants, children            chronic dietary pesticide exposures are
                                             other substances. For the purposes of                   under 8 years of age, and pregnant                    safe by comparing aggregate exposure
                                             this tolerance action, therefore, EPA has               women based upon the literature                       estimates to the acute PAD (aPAD) and
                                             assumed that oxytetracycline does not                   database for therapeutic uses of                      chronic PAD (cPAD). For linear cancer
                                             have a common mechanism of toxicity                     oxytetracycline, and decided to retain                risks, EPA calculates the lifetime
                                             with other substances. For information                  the 10× FQPA SF to assure adequate                    probability of acquiring cancer given the
                                             regarding EPA’s efforts to determine                    protection for these populations.                     estimated aggregate exposure. Short-,
                                             which chemicals have a common                              3. Conclusion. The existing database,              intermediate-, and chronic-term risks
                                             mechanism of toxicity and to evaluate                   together with the extensive literature                are evaluated by comparing the
                                             the cumulative effects of such                          and study reports available on                        estimated aggregate food, water, and
                                             chemicals, see EPA’s Web site at https://               oxytetracycline, including studies                    residential exposure to the appropriate
                                             www.epa.gov/pesticide-science-and-                      submitted to and reviewed by the EPA,                 PODs to ensure that an adequate MOE
                                             assessing-pesticide-risks/cumulative-                   the National Toxicology Program, and                  exists.
                                             assessment-risk-pesticides.                             World Health Organization, the FDA                       1. Acute risk. An acute aggregate risk
                                                                                                     and open literature studies, are adequate             assessment takes into account acute
                                             C. Safety Factor for Infants and Children               for characterizing toxicity and                       exposure estimates from dietary
                                                1. In general. Section 408(b)(2)(C) of               quantification of risk from the proposed              consumption of food and drinking
                                             FFDCA provides that EPA shall apply                     and existing uses of oxytetracycline.                 water. No adverse effect resulting from
                                             an additional tenfold (10×) margin of                   EPA has determined that reliable data                 a single oral exposure was identified (no
                                             safety for infants and children in the                  indicate that retaining the 10× FQPA SF               acute dietary endpoint was determined).
                                             case of threshold effects, to account for               will adequately protect the safety of                 Therefore, oxytetracycline is not
                                             prenatal and postnatal toxicity and the                 infants and children. That decision is                expected to pose an acute risk and no
                                             completeness of the database on toxicity                based on the following findings:                      acute risk assessment was necessary.
                                             and exposure, unless EPA determines,                       i. The toxicity database for                          2. Chronic risk. Using the exposure
                                             based on reliable data, that a different                oxytetracycline is complete and there                 assumptions described in this unit for
                                             margin of safety will be safe for infants               are no data gaps.                                     chronic exposure, EPA has concluded
                                             and children. This additional margin of                    ii. There is no indication that                    that chronic exposure to oxytetracycline
                                             safety, required under the Food Quality                 oxytetracycline is a neurotoxic chemical              from food and water will utilize 40% of
                                             Protection Act, is commonly referred to                 and there is no need for a                            the cPAD for children 1–2 years old, the
                                             as the FQPA Safety Factor (SF). In                      developmental neurotoxicity study or                  population group receiving the greatest
                                             applying this provision, EPA either                     additional UFs to account for                         exposure. There are no residential uses
                                             retains the default value of 10×, or uses               neurotoxicity.                                        for oxytetracycline. Although exposure
                                             a different additional SF when reliable                    iii. Although the guideline toxicity               may occur through therapeutic use of
                                             data available to EPA support the choice                studies did not suggest an increased                  oxytetracycline as a drug, such
                                             of a different factor.                                  lifestage sensitivity/susceptibility (no              pharmaceutical use is not included in
                                                2. Prenatal and postnatal sensitivity.               effects at the highest doses tested or                this aggregate exposure assessment for
                                             Considering the toxicity database for                   effects only above the limit dose), data              agricultural uses of oxytetracycline as a
                                             oxytetracycline, the mouse prenatal                     from the pharmaceutical literature                    pesticide. However, potential exposure
                                             development study did not identify                      suggests that infants and children may                through clinical drug use of
                                             adverse effects up to the highest dose                  be more susceptible to oxytetracycline                oxytetracycline was considered and
                                             tested (HDT), 2100 mg/kg/day. In                        side-effects than adults, and FDA does                compared to the exposure estimates
                                             addition, the effects seen in the rat                   not recommend administering oral                      from the agricultural use, which is
                                             prenatal development study occurred                     doses of tetracycline to children under               further discussed in Unit IV.D.6. below.
                                             only at levels above the limit dose.                    8 years of age or pregnant women.                        3. Short-term risk. Short-term
                                             However, clinical use of tetracyclines                  Therefore, a 10× FQPA SF has been                     aggregate exposure takes into account
                                             administered to pregnant women,                         retained.                                             short-term residential (non-dietary, non-
                                             infants and children have resulted in                      iv. There are no residual uncertainties            occupational) exposure plus chronic
                                             discoloration of the teeth, enamel                      with regard to the exposure databases.                exposure to food and water (considered
                                             hypoplasia, and bone developmental                      The dietary assessment overestimates                  to be a background exposure level).
                                             effects in fetuses and children. A                      actual exposures to oxytetracycline                   Oxytetracycline is not registered for any
                                             decrease in fibula growth in premature                  because it assumed 100% crop treated,                 use patterns that would result in short-
                                             infants has been observed after an oral                 and incorporated tolerance-level                      term residential exposure. Further,
                                             dose of 25 mg/kg every six hours,                       residues and default processing factors               because no short-term adverse effect
pmangrum on DSK3GDR082PROD with RULES




                                             equivalent to a total dose of 100 mg/kg/                (PFs). EPA also made conservative                     was identified, oxytetracycline is not
                                             day (though these effects reversed                      (protective, high-end) assumptions in                 expected to pose a short-term risk and
                                             quickly after discontinuation of dosing).               the environmental water modeling used                 the chronic risk assessment will be
                                             For these reasons, the FDA recommends                   to estimate potential levels of                       protective for any short-term exposures.
                                             not administering oral doses of                         oxytetracycline in drinking water. All of                4. Intermediate-term risk.
                                             tetracycline to children under 8 years of               the assumptions used for the exposure                 Intermediate-term aggregate exposure
                                             age. In addition, tetracyclines cross the               and risk estimates are likely to                      takes into account intermediate-term


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                                             13250               Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations

                                             residential (non-dietary, non-                          reduce exposure from one or both                      Mapes Rd., Ft. Meade, MD 20755–5350;
                                             occupational) exposure plus chronic                     sources.                                              telephone number: (410) 305–2905;
                                             exposure to food and water (considered                    EPA’s pesticide exposure assessment                 email address: residuemethods@
                                             to be a background exposure level).                     has taken into consideration the                      epa.gov.
                                             Oxytetracycline is not registered for any               appropriate population, exposure route,
                                                                                                                                                           B. International Residue Limits
                                             use patterns that would result in                       and exposure duration for comparison
                                             intermediate-term residential exposure.                 with exposure to the pharmaceutical use                  In making its tolerance decisions, EPA
                                             Further, because no intermediate-term                   of oxytetracycline. The typical                       seeks to harmonize U.S. tolerances with
                                             adverse effect was identified,                          pharmaceutical oxytetracycline dose for               international standards whenever
                                             oxytetracycline is not expected to pose                 children is 25 mg/kg/day. This dose is                possible, consistent with U.S. food
                                             an intermediate-term risk and the                       approximately 1,262 times greater than                safety standards and agricultural
                                             chronic risk assessment will be                         the dietary exposure estimate of                      practices. EPA considers the
                                             protective for any intermediate-term                    0.019809 mg/kg/day, the food and water                international maximum residue limits
                                             exposures.                                              exposure estimate for children 6–12                   (MRLs) established by the Codex
                                                5. Aggregate cancer risk for U.S.                    years old. This group represents the                  Alimentarius Commission (Codex), as
                                             population. Based on the lack of                        potential highest exposed population                  required by FFDCA section 408(b)(4).
                                             evidence of carcinogenicity in two                      group, in terms of considering                        The Codex is a joint United Nations
                                             adequate rodent carcinogenicity studies,                therapeutic use of oxytetracycline                    Food and Agriculture Organization/
                                             oxytetracycline is not expected to pose                 (children under 8 yrs old are not given               World Health Organization food
                                             a cancer risk to humans and no cancer                   therapeutic oxytetracycline). Therefore,              standards program, and it is recognized
                                                                                                     because the pesticide exposure has no                 as an international food safety
                                             risk assessment was necessary.
                                                                                                     more than a minimal impact on the total               standards-setting organization in trade
                                                6. Pharmaceutical Aggregate Risk.
                                                                                                     dose to a pharmaceutical user, EPA                    agreements to which the United States
                                             Section 408 of the FFDCA requires EPA                                                                         is a party. EPA may establish a tolerance
                                             to consider potential sources of                        believes that there is a reasonable
                                                                                                     certainty that no harm will result from               that is different from a Codex MRL;
                                             exposure to a pesticide and related                                                                           however, FFDCA section 408(b)(4)
                                             substances in addition to the dietary                   the potential dietary pesticide exposure
                                                                                                     of a user being treated therapeutically               requires that EPA explain the reasons
                                             sources expected to result from a                                                                             for departing from the Codex level. The
                                             pesticide use subject to the tolerance. In              with oxytetracycline.
                                                                                                       7. Determination of safety. Based on                Codex has not established a MRL for
                                             order to determine whether to issue or                                                                        oxytetracycline.
                                             maintain a pesticide tolerance, EPA                     these risk assessments, EPA concludes
                                             must ‘‘determine that there is a                        that there is a reasonable certainty that             VI. Conclusion
                                             reasonable certainty of no harm’’                       no harm will result to the general
                                                                                                                                                              Therefore, a time-limited tolerance is
                                             resulting from the pesticide use subject                population, or to infants and children,
                                                                                                                                                           established for residues of
                                             to the tolerance. Under FFDCA section                   from aggregate exposure to
                                                                                                                                                           oxytetracycline and its metabolites and
                                             505, the Food and Drug Administration                   oxytetracycline.
                                                                                                                                                           degradates, expressed as only
                                             reviews human drugs for safety and                      V. Other Considerations                               oxytetracycline,
                                             effectiveness and may approve a drug                                                                          (4S,4aR,5S,5aR,6S,12aS)-4-
                                             notwithstanding the possibility that                    A. Analytical Enforcement Methodology
                                                                                                                                                           (dimethylamino)-1,4,4a,5,5a,6,11,12a-
                                             some users may experience adverse side                     The analytical method used to derive               octahydro-3,5,6,10,12,12a-hexahydroxy-
                                             effects. EPA does not believe that, for                 the citrus residue data for determining               6-methyl-1,11-dioxo-2-
                                             purposes of the section 408 dietary risk                the appropriate tolerance levels was                  naphthacenecarboxamide, in or on fruit,
                                             assessment, it is compelled to assume                   based on Method STM2028.06, which                     citrus, group 10–10 at 0.4 ppm. This
                                             that combined exposures to pesticide                    was found to be scientifically acceptable             tolerance expires on December 31, 2019.
                                             and pharmaceutical residues that lead to                for enforcement of tolerances of
                                             a physiological effect in the user                      oxytetracycline on apple, pear and                    VII. Statutory and Executive Order
                                             necessarily constitutes ‘‘harm’’ under                  peach. This method employs liquid                     Reviews
                                             the meaning of section 408 of FFDCA.                    chromatography with tandem mass                         This action establishes a tolerance
                                                Rather, EPA believes the appropriate                 spectrometry (LC/MS/MS) using turbo                   under FFDCA sections 408(e) and
                                             way to consider the pharmaceutical use                  ion spray in the positive ion mode,                   408(l)(6). The Office of Management and
                                             of oxytetracycline in its risk assessment               monitoring two ion transitions for                    Budget (OMB) has exempted these types
                                             is to examine the impact that the                       confirmation of oxytetracycline, and                  of actions from review under Executive
                                             additional nonoccupational pesticide                    was adequately validated for the                      Order 12866, entitled ‘‘Regulatory
                                             exposures would have to a                               quantitation and confirmation of ion                  Planning and Review’’ (58 FR 51735,
                                             pharmaceutical user exposed to the                      transitions using samples of apple and                October 4, 1993). Because this action
                                             same, or a related chemical substance.                  nectarine. A successful independent                   has been exempted from review under
                                             Where the additional pesticide exposure                 laboratory validation was performed as                Executive Order 12866, this action is
                                             has no more than a minimal impact on                    well using samples of apple, pear,                    not subject to Executive Order 13211,
                                             the pharmaceutical user, EPA can make                   peach, and nectarine. Since the method                entitled ‘‘Actions Concerning
                                             a reasonable certainty of no harm                       used for citrus was similar to this and               Regulations That Significantly Affect
                                             finding for the pesticide tolerances of                 provided adequate recoveries for citrus               Energy Supply, Distribution, or Use’’ (66
                                             that compound under section 408 of the                  fruits, it is considered adequate to                  FR 28355, May 22, 2001) or Executive
pmangrum on DSK3GDR082PROD with RULES




                                             FFDCA. If the potential impact on the                   support the emergency exemption use                   Order 13045, entitled ‘‘Protection of
                                             pharmaceutical user as a result of co-                  and enforce the tolerance expression of               Children from Environmental Health
                                             exposure from pesticide use is more                     oxytetracycline in or on commodities of               Risks and Safety Risks’’ (62 FR 19885,
                                             than minimal, then EPA would not be                     fruit, citrus, group 10–10. The method                April 23, 1997). This action does not
                                             able to conclude that dietary residues                  may be requested from: Chief,                         contain any information collections
                                             were safe and would need to discuss                     Analytical Chemistry Branch,                          subject to OMB approval under the
                                             with FDA appropriate measures to                        Environmental Science Center, 701                     Paperwork Reduction Act (PRA), 44


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                                                                        Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Rules and Regulations                                                                         13251

                                             U.S.C. 3501 et seq., nor does it require                                67249, November 9, 2000) do not apply                                    PART 180—[AMENDED]
                                             any special considerations under                                        to this action. In addition, this action
                                             Executive Order 12898, entitled                                         does not impose any enforceable duty or                                  ■ 1. The authority citation for part 180
                                             ‘‘Federal Actions to Address                                            contain any unfunded mandate as                                          continues to read as follows:
                                             Environmental Justice in Minority                                       described under Title II of the Unfunded
                                             Populations and Low-Income                                              Mandates Reform Act (UMRA) (2 U.S.C.                                         Authority: 21 U.S.C. 321(q), 346a and 371.
                                             Populations’’ (59 FR 7629, February 16,                                 1501 et seq.).                                                           ■ 2. In § 180.337 revise paragraph (b) to
                                             1994).                                                                    This action does not involve any
                                                                                                                     technical standards that would require                                   read as follows:
                                                Since tolerances and exemptions that
                                             are established in accordance with                                      Agency consideration of voluntary                                        § 180.337 Oxytetracycline; tolerances for
                                             FFDCA sections 408(e) and 408(l)(6),                                    consensus standards pursuant to section                                  residues.
                                             such as the tolerance in this final rule,                               12(d) of the National Technology
                                                                                                                                                                                              *      *    *    *     *
                                             do not require the issuance of a                                        Transfer and Advancement Act
                                             proposed rule, the requirements of the                                  (NTTAA) (15 U.S.C. 272 note).                                              (b) Section 18 emergency exemptions.
                                             Regulatory Flexibility Act (RFA) (5                                                                                                              Time-limited tolerances specified in the
                                                                                                                     VIII. Congressional Review Act                                           following table are established for
                                             U.S.C. 601 et seq.) do not apply.
                                                                                                                       Pursuant to the Congressional Review                                   residues of the fungicide/bactericide
                                                This action directly regulates growers,
                                                                                                                     Act (5 U.S.C. 801 et seq.), EPA                                          oxytetracycline, including its
                                             food processors, food handlers, and food
                                                                                                                     submitted a report containing this rule                                  metabolites and degradates, in or on the
                                             retailers, not States or tribes, nor does
                                                                                                                     and other required information to the                                    commodities in the table in this
                                             this action alter the relationships or
                                                                                                                     U.S. Senate, the U.S. House of                                           paragraph. Compliance with the
                                             distribution of power and                                               Representatives, and the Comptroller
                                             responsibilities established by Congress                                                                                                         tolerance levels specified in this
                                                                                                                     General of the United States prior to                                    paragraph is to be determined by
                                             in the preemption provisions of FFDCA                                   publication of the rule in the Federal
                                             section 408(n)(4). As such, the Agency                                                                                                           measuring only oxytetracycline,
                                                                                                                     Register. This action is not a ‘‘major
                                             has determined that this action will not                                                                                                         (4S,4aR,5S,5aR,6S,12aS)-4-
                                                                                                                     rule’’ as defined by 5 U.S.C. 804(2).
                                             have a substantial direct effect on States                                                                                                       (dimethylamino)-1,4,4a,5,5a,6,11,12a-
                                             or tribal governments, on the                                           List of Subjects in 40 CFR Part 180                                      octahydro-3,5,6,10,12,12a-hexahydroxy-
                                             relationship between the national                                         Environmental protection,                                              6-methyl-1,11-dioxo-2-
                                             government and the States or tribal                                     Administrative practice and procedure,                                   naphthacenecarboxamide, in or on the
                                             governments, or on the distribution of                                  Agricultural commodities, Pesticides                                     specified agricultural commodities,
                                             power and responsibilities among the                                    and pests, Reporting and recordkeeping                                   resulting from use of the pesticide
                                             various levels of government or between                                 requirements.                                                            pursuant to FIFRA section 18
                                             the Federal Government and Indian                                                                                                                emergency exemptions. The tolerances
                                                                                                                       Dated: February 23, 2017,
                                             tribes. Thus, the Agency has determined                                                                                                          expire on the dates specified in the
                                             that Executive Order 13132, entitled                                    Michael Goodis,
                                                                                                                     Director, Registration Division, Office of                               table.
                                             ‘‘Federalism’’ (64 FR 43255, August 10,
                                                                                                                     Pesticide Programs.
                                             1999) and Executive Order 13175,
                                             entitled ‘‘Consultation and Coordination                                  Therefore, 40 CFR chapter I is
                                             with Indian Tribal Governments’’ (65 FR                                 amended as follows:

                                                                                                                                                                                                                                Expiration/
                                                                                                                                                                                                                   Parts per
                                                                                                                      Commodity                                                                                                 revocation
                                                                                                                                                                                                                    million        date

                                             Fruit, citrus, group 10–10 ........................................................................................................................................     0.40       12/31/2019



                                             *        *        *        *         *                                  difluoroethyl)amino]-2(5H)-furanone] in                                  in accordance with the instructions
                                             [FR Doc. 2017–04795 Filed 3–9–17; 8:45 am]                              or on sweet sorghum, forage and                                          provided in 40 CFR part 178 (see also
                                             BILLING CODE 6560–50–P                                                  sorghum, syrup resulting from use of                                     Unit I.C. of the SUPPLEMENTARY
                                                                                                                     flupyradifurone in accordance with the                                   INFORMATION).
                                                                                                                     terms of crisis exemptions issued under
                                             ENVIRONMENTAL PROTECTION                                                                                                                         ADDRESSES:   The docket for this action,
                                                                                                                     section 18 of the Federal Insecticide,
                                             AGENCY                                                                                                                                           identified by docket identification (ID)
                                                                                                                     Fungicide, and Rodenticide Act
                                                                                                                                                                                              number EPA–HQ–OPP–2016–0557, is
                                                                                                                     (FIFRA). This action is in response to
                                             40 CFR Part 180                                                                                                                                  available at http://www.regulations.gov
                                                                                                                     the issuance of crisis emergency
                                                                                                                                                                                              or at the Office of Pesticide Programs
                                             [EPA–HQ–OPP–2016–0557; FRL–9958–75]                                     exemptions under FIFRA section 18
                                                                                                                                                                                              Regulatory Public Docket (OPP Docket)
                                                                                                                     authorizing use of the pesticide on
                                                                                                                                                                                              in the Environmental Protection Agency
                                             Flupyradifurone; Pesticide Tolerances                                   sweet sorghum. This regulation
                                                                                                                                                                                              Docket Center (EPA/DC),West William
                                             for Emergency Exemptions                                                establishes maximum permissible levels
                                                                                                                                                                                              Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                                     for residues of flupyradifurone in or on
                                             AGENCY:  Environmental Protection                                                                                                                Constitution Ave. NW., Washington, DC
pmangrum on DSK3GDR082PROD with RULES




                                                                                                                     sweet sorghum forage and sorghum
                                             Agency (EPA).                                                                                                                                    20460–0001. The Public Reading Room
                                                                                                                     syrup. These time-limited tolerances
                                             ACTION: Final rule.                                                                                                                              is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                                     expire on December 31, 2019.
                                                                                                                                                                                              Monday through Friday, excluding legal
                                             SUMMARY:  This regulation establishes                                   DATES: This regulation is effective                                      holidays. The telephone number for the
                                             time-limited tolerances for residues of                                 March 10, 2017. Objections and requests                                  Public Reading Room is (202) 566–1744,
                                             flupyradifurone [4-[[(6-chloro-3-                                       for hearings must be received on or                                      and the telephone number for the OPP
                                             pyridinyl)methyl](2,2-                                                  before May 9, 2017, and must be filed                                    Docket is (703) 305–5805. Please review


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Document Created: 2018-02-01 14:52:32
Document Modified: 2018-02-01 14:52:32
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 March 10, 2017. Objections and requests for hearings must be received on or before May 9, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactMichael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation82 FR 13245 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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