82_FR_13808 82 FR 13759 - Streptomycin; Pesticide Tolerances for Emergency Exemptions

82 FR 13759 - Streptomycin; Pesticide Tolerances for Emergency Exemptions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 49 (March 15, 2017)

Page Range13759-13765
FR Document2017-04779

This regulation establishes time-limited tolerances for residues of streptomycin in or on fruit, citrus, group 10-10, for both fresh fruit and dried pulp. 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 maximum permissible levels for residues of streptomycin in or on these commodities. The time-limited tolerances expire on December 31, 2019.

Federal Register, Volume 82 Issue 49 (Wednesday, March 15, 2017)
[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Rules and Regulations]
[Pages 13759-13765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04779]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0540; FRL-9957-65]


Streptomycin; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes time-limited tolerances for 
residues of streptomycin in or on fruit, citrus, group 10-10, for both 
fresh fruit and dried pulp. 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 maximum permissible 
levels for residues of streptomycin in or on these commodities. The 
time-limited tolerances expire on December 31, 2019.

DATES: This regulation is effective March 15, 2017. Objections and 
requests for hearings must be received on or before May 15, 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-2016-0540, 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-
2016-0540 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 15, 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-2016-0540, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

II. 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 time-limited tolerances for residues of streptomycin, 
expressed as only streptomycin ((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 2 parts per million (ppm), and the dried 
pulp of these commodities at 6 ppm. These time-limited tolerances 
expire 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

[[Page 13760]]

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 any 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 Streptomycin on Citrus and FFDCA 
Tolerances

    The Florida Department of Agriculture and Consumer Services (FDACS) 
asserted that an emergency situation exists in accordance with the 
criteria for approval of an emergency exemption, and requested the use 
of streptomycin (and oxytetracycline, addressed in a separate document) 
in citrus to suppress the Candidatus Liberibacter asiaticus (CLas) 
bacterium that causes Huanglongbing (HLB) also known as citrus 
greening. HLB is a newly-introduced disease, 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. Currently there is no cure. 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 tree. FDACS states that use of streptomycin, along with 
other management measures, may suppress HLB symptoms, and prolong the 
productive life of infected trees, allowing citrus producers to remain 
in business while researchers continue to explore and evaluate new 
treatments for the disease.
    After having reviewed the submission, EPA determined that an 
emergency condition exists for this State, 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 streptomycin 
on citrus to suppress the CLas bacterium that causes HLB disease in 
Florida.
    As part of its evaluation of the emergency exemption application, 
EPA assessed the potential risks presented by residues of streptomycin 
in or on citrus fruit commodities. In doing so, EPA considered the 
safety standard in FFDCA section 408(b)(2), and EPA decided that the 
necessary tolerances 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 these tolerances without notice and 
opportunity for public comment as provided in FFDCA section 408(l)(6). 
Although these time-limited tolerances expire on December 31, 2019, 
under FFDCA section 408(l)(5), residues of the pesticide not in excess 
of the amounts specified in the tolerances remaining in or on citrus 
fruit commodities 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 levels that were authorized by these time-
limited tolerances at the time of that application. EPA will take 
action to revoke these time-limited tolerances earlier if any 
experience with, scientific data on, or other relevant information on 
this pesticide indicate that the residues are not safe.
    Because these time-limited tolerances are being approved under 
emergency conditions, EPA has not made any decisions about whether 
streptomycin meets FIFRA's registration requirements for use on citrus 
fruit or whether permanent tolerances for this use would be 
appropriate. Under these circumstances, EPA does not believe that these 
time-limited tolerance decisions serve as bases for registrations of 
streptomycin by a State for special local needs under FIFRA section 
24(c). Nor do these tolerances by themselves 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 streptomycin, 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 tolerances for residues of streptomycin on fruit, citrus, 
group 10-10 at 2 ppm, and the dried pulp of these commodities at 6 ppm. 
EPA's assessment of exposures and risks associated with establishing 
the time-limited tolerances 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 to use in evaluating the risks to humans from 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, EPA assumes that any 
amount of exposure will lead to some degree of risk. Thus, the EPA 
estimates risk in terms of the probability of an occurrence of the 
adverse effect expected in a lifetime. For more information on the

[[Page 13761]]

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/assessing-human-health-risk-pesticides.
    A summary of the toxicological endpoints for streptomycin used for 
human risk assessment is shown in Table 1 of this unit.

 Table 1--Summary of Toxicological Doses and Endpoints for Streptomycin for Use in Human Health Risk Assessment
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                                    Point of departure
        Exposure/ scenario           and  uncertainty/    RfD, PAD, LOC  for    Study and toxicological effects
                                      safety factors       risk assessment
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Acute dietary (Any population)...  NA..................  NA.................  Toxicity from single dose was not
                                                                               identified.
Chronic dietary (All populations)  NOAEL= 5 mg/kg/day    Chronic RfD =        Two-year feeding study in rats.
                                   UFA = 10............  0.05 mg/kg/day.....  LOAEL = 10 mg/kg/day based on
                                   UFH = 10............  cPAD =.............   reduced body weight in males.
                                   FQPA SF = 1X........  0.05 mg/kg/day.....
Inhalation (All durations).......  NOAEL = 5 mg/kg/day.  LOC <= MOE of 100..  Two-year feeding study in rats.
                                   FQPA SF = 1X........                       LOAEL = 10 mg/kg/day based on
                                                                               reduced body weight in males.
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Cancer...........................  Classification--There is not enough information in line with EPA's guidelines
                                     for toxicological studies of pesticides to classify carcinogenic potential.
                                      The toxicological data requirements have been waived due to the extensive
                                       human database from streptomycin drug use. A 2-year rat carcinogenicity
                                     study, used by FDA and the World Health Organization to set tolerances for
                                       animal drug residues, is available and did not demonstrate evidence of
                                       carcinogenicity. Also, a literature search for streptomycin toxicity in
                                        animals and humans did not result in any data indicating evidence of
                                                                  carcinogenicity.
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FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UFA = extrapolation from
  animal to human (interspecies). UFH = potential variation in sensitivity among the human population
  (intraspecies).

    The complete human risk assessment for this action can be found at 
http://www.regulations.gov in the document ``Streptomycin. Section 18 
Emergency Exemption for Citrus Grown in Florida'' in the docket for ID 
number EPA-HQ-OPP-2016-0450.

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to streptomycin, EPA considered exposure under the time-
limited tolerances established by this action as well as all existing 
streptomycin tolerances in 40 CFR 180.245. EPA assessed dietary 
exposures from streptomycin in food as follows:
    i. Acute exposure. No acute effects were identified in the 
toxicological studies for streptomycin; therefore, a quantitative acute 
dietary exposure assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the 2003-2008 US 
Department of Agriculture (USDA) National Health and Nutrition 
Examination Survey (NHANES). For residue levels in food, EPA assumed 
tolerance level residues for all registered uses plus the new 
tolerances of 2 ppm in citrus fruit and 6 ppm in the dried pulp of 
these commodities. In addition, default processing factors were used 
for all processed commodities, except citrus juice, oil, and tomato 
puree since concentration was not observed in these commodities. One 
hundred percent crop treated (PCT) was assumed for all commodities. 
EPA's exposure assessment included tolerance level residues in 
livestock commodities owing to use of streptomycin as an animal drug as 
well. No anticipated residue or PCT refinements were used.
    iii. Cancer. Based on the data summarized in Unit IV.A., EPA has 
concluded that streptomycin does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (PCT) information. 
EPA did not use anticipated residue and/or PCT information in the 
dietary assessment for streptomycin. Tolerance level residues and 100% 
CT were assumed for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for streptomycin in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of streptomycin. 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/about-water-exposure-models-used-pesticide.
    Potential residues resulting in surface water and groundwater were 
modeled based upon registered and new uses. The estimated drinking 
water concentrations (EDWCs) for ground water were higher than for 
surface water, and thus were used for estimating exposure from drinking 
water consumption, as the most conservative (worst case) estimate. 
Based on the Pesticide Root Zone Model, Ground Water, the EDWC in 
groundwater (the highest modeled value) for streptomycin for acute 
exposures is estimated to be 932 parts per billion (ppb), and for 
chronic exposures (non-cancer) is estimated at 760 ppb. No acute 
assessment was required as discussed earlier in this document. The 
modeled estimate of drinking water concentration for chronic exposure 
was directly entered into the dietary exposure model used to estimate 
chronic risks presented by potential residues in food and drinking 
water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control,

[[Page 13762]]

indoor pest control, termiticides, and flea and tick control on pets).
    Streptomycin is currently registered for uses on residential 
gardens and trees which could result in residential exposures. EPA 
considered residential exposures from these uses and determined the 
following: Since there is no dermal hazard identified for streptomycin, 
residential dermal exposures were not assessed. Non-dietary incidental 
ingestion and inhalation from post-application residential exposures 
are assumed to be negligible, based upon the use scenarios and chemical 
properties of streptomycin. However, residential handler inhalation 
exposures may occur based on the use sites, equipment, and in 
particular, the lack of personal protective equipment (PPE) 
requirements on certain product labels for residential uses. Risk was 
therefore evaluated from short- and intermediate-term inhalation 
exposures for residential (non-professional) handlers/applicators. 
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 ``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 streptomycin to share a common mechanism of 
toxicity with any other substances, and streptomycin does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
streptomycin does not have a common mechanism of toxicity with other 
substances. For information regarding EPA's efforts to determine which 
chemicals have a common mechanism of toxicity and to evaluate the 
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

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 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 are 
available to EPA which support the choice of a different factor.
    2. Prenatal and postnatal sensitivity. There were no teratogenic 
effects noted in a rabbit developmental study at the high dose of 10 
mg/kg/day. Although children born to mothers treated with streptomycin 
injections have sometimes had hearing loss, no teratogenic effects have 
been attributed to streptomycin treatment. The injected dose at which 
these effects occurred in humans is equivalent to approximately 150 
times higher than the NOAEL from the rabbit study and approximately 
30,000 times higher than the dose that produced the reduced body weight 
endpoint used in establishing the chronic RfD. Additionally, none of 
the available toxicity data for streptomycin indicate any pre- or post-
natal susceptibility. Therefore there are no residual concerns, EPA is 
confident that the chronic RfD is sufficiently protective for 
teratogenic effects, and the Food Quality Protection Act (FQPA) safety 
factor was reduced to 1X.
    3. Conclusion. EPA has determined that reliable data show that the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1X. That decision is based on the following 
findings:
    i. The toxicity database for streptomycin is complete. An extensive 
database exists from drug use of streptomycin in humans and animals and 
all guideline toxicity data requirements for streptomycin have been 
waived. The toxicity of streptomycin was assessed using toxicity 
reviews provided by the FDA and from the published literature on drug 
use. Because the dose selected for risk assessment from agricultural 
use is based upon a toxicity endpoint (decreased body weight in test 
animals) that occurs at a much lower oral dose than the injected dose 
at which prenatal hearing effects occurred in humans, there are no 
residual concerns and the FQPA safety factor is reduced to 1X.
    ii. The extensive database in animals and humans does not 
demonstrate any potential for streptomycin to cause either peripheral 
or central nervous system toxicity and there is no need for a 
developmental neurotoxicity study or additional UFs to account for 
neurotoxicity.
    iii. There is no direct evidence of sensitivity/susceptibility in 
the developing or young animal. No teratogenic effects were observed in 
the rabbit. As noted previously, children born to mothers treated with 
streptomycin injections have sometimes had hearing loss but no 
teratogenic effects have been attributed to direct streptomycin 
treatment. Chosen points of departure are expected to be protective of 
any possible hearing loss effects.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed 
assuming 100% CT and tolerance-level residues. EPA made conservative 
(protective) assumptions in the ground and surface water modeling used 
to assess exposure to streptomycin in drinking water. EPA used 
similarly conservative assumptions to consider potential for post-
application exposure of children as well as incidental oral exposure of 
toddlers. These assessments will not underestimate the exposure and 
risks posed by streptomycin.

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. No adverse effect resulting from a single oral 
exposure was identified and no acute dietary endpoint was selected. 
Therefore, streptomycin is not expected to pose an acute risk.
    2. Chronic risk. Based on the explanation in the unit regarding 
residential use patterns, chronic residential exposures to residues of 
streptomycin are not expected.
    Therefore chronic aggregate risk was assessed considering only 
dietary exposures from potential residues in food and drinking water. 
Using the exposure assumptions described in this unit for chronic 
exposure, EPA has concluded that chronic exposure to streptomycin from 
potential residues in food and drinking water will not result in risks 
of concern (i.e., are <100% of the cPAD) for all population groups

[[Page 13763]]

considered. The population group with the greatest dietary exposure is 
Infants <=1 year old, with 90% of the cPAD occupied by chronic dietary 
exposure. Estimates for chronic dietary exposure contributed by 
residues in food occupy <=32% of the cPAD for all population subgroups, 
indicating that the main contribution to dietary exposure is from 
potential residues in drinking water. The most conservative assumptions 
were made in the drinking water analysis, which likely resulted in 
overestimated exposures. Refinements could be made which would likely 
decrease the EDWCs, thereby further reducing the estimates of exposure 
and risk from potential residues in drinking water. However, assessment 
using these unrefined worst-case exposure scenarios provided chronic 
exposure estimates which would not result in risks of concern (i.e., 
were <100% of the cPAD).
    3. Short- and intermediate-term risk. Short- and intermediate-term 
aggregate exposures take into account short and intermediate-term 
residential exposure plus chronic exposure to food and water 
(considered to be a background exposure level). The dermal route of 
exposure was not assessed because no dermal hazard exists for 
streptomycin. Non-dietary incidental ingestion and inhalation from 
post-application residential exposures are assumed to be negligible, 
based upon the chemical properties and the use scenarios for 
streptomycin. Intermediate-term residential exposure is not expected 
from the residential use patterns registered for streptomycin, and 
therefore was not assessed. However, short-term inhalation exposures 
may occur for residential handlers applying streptomycin, and therefore 
this route of exposure was assessed. For all residential handler 
scenarios considered, the estimated inhalation exposures did not 
present risks of concern (i.e., MOEs >= EPA's LOC of 100). The lowest 
calculated MOE was 86,000 from the highest exposure scenario of the 
handler using hand wand/backpack and no PPE. The adult population group 
with the highest dietary exposure was adults 20 to 49 years old, with 
38% of the cPAD occupied. Therefore, aggregate short- and intermediate-
term exposure included dietary (food and water) and inhalation routes 
from residential handler exposure. Using these two highest-exposure 
scenarios, the short-term exposure estimate resulted in an MOE of 270, 
which does not present a risk of concern (MOE >= LOC of 100). Although 
residential exposures to children may occur through incidental oral and 
inhalation routes during residential application and post-application 
activities, they are assumed to be negligible and thus were not 
quantitatively assessed. Therefore, the child aggregate assessment 
included only contributions from chronic exposure to food and drinking 
water, which was previously presented in this document, and did not 
result in risks of concern.
    4. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in the streptomycin database, no cancer 
risk is expected from streptomycin and a cancer risk assessment was not 
needed.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is reasonable certainty that no harm will result 
to the general population, or to infants and children, from aggregate 
exposure to streptomycin residues.
    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 maintain a pesticide tolerance, EPA must 
``determine that there is a reasonable certainty of no harm.'' 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 constitutes ``harm'' under the meaning of section 
408 of the FFDCA.
    Rather, EPA believes the appropriate way to consider the 
pharmaceutical use of streptomycin in its risk assessment is to examine 
the impact that the additional nonoccupational pesticide exposures 
would have to a pharmaceutical user exposed to a related (or, in some 
cases, the same) compound. Where the additional pesticide exposure has 
no more than a minimal impact on the pharmaceutical user, EPA could 
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.
    Injected drug doses of streptomycin are approximately 15 mg/kg/day. 
Because the oral absorption of streptomycin is <1%, this corresponds to 
an oral equivalent dose of 1,500 mg/kg/day. This oral equivalent dose 
is over 30,000 times the highest dietary exposure estimate of 0.045 mg/
kg/day, the food and water exposure estimate for the highest-exposed 
population (infants <1 year old). Therefore, dietary exposure from 
pesticide uses of streptomycin is negligible compared to drug exposure 
and would not contribute to drug toxicity, so there are no concerns for 
risks from dietary exposure contribution of streptomycin from pesticide 
use, in patients receiving streptomycin drug injections. 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 the potential dietary pesticide exposure will result in 
no harm to a user being treated therapeutically with streptomycin.

V. Other Considerations

    A. Analytical Enforcement Methodology. An adequate enforcement 
methodology is available to enforce the tolerance expression. The 
method uses high performance liquid chromatography with tandem mass 
spectrometry for detection (HPLC-MS/MS). The method is detailed in 
``Confirmation of Aminoglycosides by HPLC/MS/MS; United States 
Department of Agriculture, Food Safety and Inspection Service, Office 
of Public Health Science SOP No: CLG-AMG1.02,'' which 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

[[Page 13764]]

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 any MRLs for streptomycin in/on citrus fruit commodities.

VI. Conclusion

    Therefore, time-limited tolerances are established for residues of 
streptomycin in or on fruit, citrus, group 10-10, at 2 ppm, and the 
dried pulp of these commodities at 6 ppm. These tolerances expire on 
December 31, 2019.

VII. Statutory and Executive Order Reviews

    This action establishes tolerances 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 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 tolerances in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require 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 9, 2017.
Michael L. 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.  180.245, add alphabetically the entries ``Fruit, citrus, 
Group 10-10'' and ``Fruit, citrus, Group 10-10, dried pulp'' to the 
table in paragraph (b) to read as follows:


Sec.  [emsp14]180.245  Streptomycin; tolerances for residues.

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                     Parts per
                    Commodity                         million                     Expiration date
----------------------------------------------------------------------------------------------------------------
Fruit, citrus, Group 10-10......................             2.0   December 31, 2019.
Fruit, citrus, Group 10-10, dried pulp..........             6.0   December 31, 2019.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-04779 Filed 3-14-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations                                         13759

                                             of the change in operating schedule for                 holidays. The telephone number for the                hearing requests are provided in 40 CFR
                                             the bridge so that vessel operators can                 Public Reading Room is (202) 566–1744,                178.25(b).
                                             arrange their transits to minimize any                  and the telephone number for the OPP                    In addition to filing an objection or
                                             impact caused by the temporary                          Docket is (703) 305–5805. Please review               hearing request with the Hearing Clerk
                                             deviation.                                              the visitor instructions and additional               as described in 40 CFR part 178, please
                                                In accordance with 33 CFR 117.35(e),                 information about the docket available                submit a copy of the filing (excluding
                                             the drawbridge must return to its regular               at http://www.epa.gov/dockets.                        any Confidential Business Information
                                             operating schedule immediately at the                   FOR FURTHER INFORMATION CONTACT:                      (CBI)) for inclusion in the public docket.
                                             end of the effective period of this                     Michael L. Goodis, Registration Division              Information not marked confidential
                                             temporary deviation. This deviation                     (7505P), Office of Pesticide Programs,                pursuant to 40 CFR part 2 may be
                                             from the operating regulations is                       Environmental Protection Agency, 1200                 disclosed publicly by EPA without prior
                                             authorized under 33 CFR 117.35.                         Pennsylvania Ave. NW., Washington,                    notice. Submit the non-CBI copy of your
                                               Dated: March 7, 2017.                                 DC 20460–0001; main telephone                         objection or hearing request, identified
                                                                                                     number: (703) 305–7090; email address:                by docket ID number EPA–HQ–OPP–
                                             C.J. Bisignano,
                                                                                                     RDFRNotices@epa.gov.                                  2016–0540, by one of the following
                                             Supervisory Bridge Management Specialist,
                                                                                                                                                           methods:
                                             First Coast Guard District.                             SUPPLEMENTARY INFORMATION:
                                                                                                                                                             • Federal eRulemaking Portal: http://
                                             [FR Doc. 2017–05068 Filed 3–14–17; 8:45 am]                                                                   www.regulations.gov. Follow the online
                                                                                                     I. General Information
                                             BILLING CODE 9110–04–P                                                                                        instructions for submitting comments.
                                                                                                     A. Does this action apply to me?                      Do not submit electronically any
                                                                                                        You may be potentially affected by                 information you consider to be CBI or
                                             ENVIRONMENTAL PROTECTION                                this action if you are an agricultural                other information whose disclosure is
                                             AGENCY                                                  producer, food manufacturer, or                       restricted by statute.
                                                                                                     pesticide manufacturer. The following                   • Mail: OPP Docket, Environmental
                                             40 CFR Part 180                                         list of North American Industrial                     Protection Agency Docket Center (EPA/
                                             [EPA–HQ–OPP–2016–0540; FRL–9957–65]                     Classification System (NAICS) codes is                DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                     not intended to be exhaustive, but rather             NW., Washington, DC 20460–0001.
                                             Streptomycin; Pesticide Tolerances for                  provides a guide to help readers                        • Hand Delivery: To make special
                                             Emergency Exemptions                                    determine whether this document                       arrangements for hand delivery or
                                                                                                     applies to them. Potentially affected                 delivery of boxed information, please
                                             AGENCY:  Environmental Protection
                                                                                                     entities may include:                                 follow the instructions at http://
                                             Agency (EPA).
                                                                                                        • Crop production (NAICS code 111).                www.epa.gov/dockets/contacts.html.
                                             ACTION: Final rule.
                                                                                                        • Animal production (NAICS code                    Additional instructions on commenting
                                             SUMMARY:   This regulation establishes                  112).                                                 or visiting the docket, along with more
                                             time-limited tolerances for residues of                    • Food manufacturing (NAICS code                   information about dockets generally, is
                                             streptomycin in or on fruit, citrus, group              311).                                                 available at http://www.epa.gov/
                                             10–10, for both fresh fruit and dried                      • Pesticide manufacturing (NAICS                   dockets.
                                             pulp. This action is in response to EPA’s               code 32532).
                                                                                                                                                           II. Background and Statutory Findings
                                             granting of an emergency exemption                      B. How can I get electronic access to                    EPA, on its own initiative, in
                                             under the Federal Insecticide,                          other related information?                            accordance with FFDCA sections 408(e)
                                             Fungicide, and Rodenticide Act (FIFRA)
                                                                                                       You may access a frequently updated                 and 408(l)(6), of 21 U.S.C. 346a(e) and
                                             authorizing use of the pesticide in citrus
                                                                                                     electronic version of 40 CFR part 180                 346a(1)(6), is establishing time-limited
                                             production. This regulation establishes
                                                                                                     through the Government Printing                       tolerances for residues of streptomycin,
                                             maximum permissible levels for
                                                                                                     Office’s e-CFR site at http://                        expressed as only streptomycin
                                             residues of streptomycin in or on these
                                                                                                     www.ecfr.gov/cgi-bin/text-                            ((4S,4aR,5S,5aR,6S,12aS)-4-
                                             commodities. The time-limited
                                                                                                     idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  (dimethylamino)-1,4,4a,5,5a,6,11,12a-
                                             tolerances expire on December 31, 2019.
                                                                                                     40tab_02.tpl.                                         octahydro-3,5,6,10,12,12a-hexahydroxy-
                                             DATES: This regulation is effective
                                                                                                                                                           6-methyl-1,11-dioxo-2-
                                             March 15, 2017. Objections and requests                 C. How can I file an objection or hearing             naphthacenecarboxamide), in or on
                                             for hearings must be received on or                     request?                                              fruit, citrus, group 10–10 at 2 parts per
                                             before May 15, 2017, and must be filed                    Under section 408(g) of the Federal                 million (ppm), and the dried pulp of
                                             in accordance with the instructions                     Food, Drug, and Cosmetic Act (FFDCA),                 these commodities at 6 ppm. These
                                             provided in 40 CFR part 178 (see also                   21 U.S.C. 346a, any person may file an                time-limited tolerances expire on
                                             Unit I.C. of the SUPPLEMENTARY                          objection to any aspect of this regulation            December 31, 2019.
                                             INFORMATION).                                           and may also request a hearing on those                  Section 408(l)(6) of FFDCA requires
                                             ADDRESSES: The docket for this action,                  objections. You must file your objection              EPA to establish a time-limited
                                             identified by docket identification (ID)                or request a hearing on this regulation               tolerance or exemption from the
                                             number EPA–HQ–OPP–2016–0540, is                         in accordance with the instructions                   requirement for a tolerance for pesticide
                                             available at http://www.regulations.gov                 provided in 40 CFR part 178. To ensure                chemical residues in food that will
                                             or at the Office of Pesticide Programs                  proper receipt by EPA, you must                       result from the use of a pesticide under
                                             Regulatory Public Docket (OPP Docket)                   identify docket ID number EPA–HQ–                     an emergency exemption granted by
                                             in the Environmental Protection Agency                  OPP–2016–0540 in the subject line on                  EPA under FIFRA section 18. Such
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                                             Docket Center (EPA/DC), West William                    the first page of your submission. All                tolerances can be established without
                                             Jefferson Clinton Bldg., Rm. 3334, 1301                 objections and requests for a hearing                 providing notice or period for public
                                             Constitution Ave. NW., Washington, DC                   must be in writing, and must be                       comment. EPA does not intend for its
                                             20460–0001. The Public Reading Room                     received by the Hearing Clerk on or                   actions on FIFRA section 18 related
                                             is open from 8:30 a.m. to 4:30 p.m.,                    before May 15, 2017. Addresses for mail               time-limited tolerances to set binding
                                             Monday through Friday, excluding legal                  and hand delivery of objections and                   precedents for the application of FFDCA


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                                             13760            Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations

                                             section 408 and the safety standard to                  citrus industry in Florida is threatened              be appropriate. Under these
                                             other tolerances and exemptions.                        by this disease. Currently there is no                circumstances, EPA does not believe
                                             Section 408(e) of FFDCA allows EPA to                   cure. The bacteria reside in the phloem               that these time-limited tolerance
                                             establish a tolerance or an exemption                   (the circulatory system of the tree),                 decisions serve as bases for registrations
                                             from the requirement of a tolerance on                  disrupting circulation of water and                   of streptomycin by a State for special
                                             its own initiative, i.e., without having                nutrients, which ultimately leads to                  local needs under FIFRA section 24(c).
                                             received any petition from an outside                   death of the tree. FDACS states that use              Nor do these tolerances by themselves
                                             party.                                                  of streptomycin, along with other                     serve as the authority for persons in any
                                                Section 408(b)(2)(A)(i) of FFDCA                     management measures, may suppress                     State other than Florida to use this
                                             allows EPA to establish a tolerance (the                HLB symptoms, and prolong the                         pesticide on the applicable crops under
                                             legal limit for a pesticide chemical                    productive life of infected trees,                    FIFRA section 18 absent the issuance of
                                             residue in or on a food) only if EPA                    allowing citrus producers to remain in                an emergency exemption applicable
                                             determines that the tolerance is ‘‘safe.’’              business while researchers continue to                within that State. For additional
                                             Section 408(b)(2)(A)(ii) of FFDCA                       explore and evaluate new treatments for               information regarding the emergency
                                             defines ‘‘safe’’ to mean that ‘‘there is a              the disease.                                          exemption for streptomycin, contact the
                                             reasonable certainty that no harm will                     After having reviewed the                          Agency’s Registration Division at the
                                             result from aggregate exposure to the                   submission, EPA determined that an                    address provided under FOR FURTHER
                                             pesticide chemical residue, including                   emergency condition exists for this                   INFORMATION CONTACT.
                                             all anticipated dietary exposures and all               State, and that the criteria for approval
                                             other exposures for which there is                      of an emergency exemption are met.                    IV. Aggregate Risk Assessment and
                                             reliable information.’’ This includes                   EPA has authorized a specific                         Determination of Safety
                                             exposure through drinking water and in                  exemption under FIFRA section 18 for                    Consistent with the factors specified
                                             residential settings, but does not include              the use of streptomycin on citrus to                  in FFDCA section 408(b)(2)(D), EPA has
                                             occupational exposure. Section                          suppress the CLas bacterium that causes               reviewed the available scientific data
                                             408(b)(2)(C) of FFDCA requires EPA to                   HLB disease in Florida.                               and other relevant information in
                                             give special consideration to exposure                     As part of its evaluation of the                   support of this action. EPA has
                                             of infants and children to the pesticide                emergency exemption application, EPA                  sufficient data to assess the hazards of
                                             chemical residue in establishing a                      assessed the potential risks presented by             and to make a determination on
                                             tolerance and to ‘‘ensure that there is a               residues of streptomycin in or on citrus              aggregate exposure expected as a result
                                             reasonable certainty that no harm will                  fruit commodities. In doing so, EPA                   of this emergency exemption use and
                                             result to infants and children from                     considered the safety standard in                     the time-limited tolerances for residues
                                             aggregate exposure to the pesticide                     FFDCA section 408(b)(2), and EPA                      of streptomycin on fruit, citrus, group
                                             chemical residue . . .’’                                decided that the necessary tolerances                 10–10 at 2 ppm, and the dried pulp of
                                                Section 18 of FIFRA authorizes EPA                   under FFDCA section 408(l)(6) would be                these commodities at 6 ppm. EPA’s
                                             to exempt any Federal or State agency                   consistent with the safety standard and               assessment of exposures and risks
                                             from any provision of FIFRA, if EPA                     with FIFRA section 18. Consistent with                associated with establishing the time-
                                             determines that ‘‘emergency conditions                  the need to move quickly on the                       limited tolerances follows.
                                             exist which require such exemption.’’                   emergency exemption in order to
                                                                                                                                                           A. Toxicological Points of Departure/
                                             EPA has established regulations                         address an urgent non-routine situation
                                                                                                                                                           Levels of Concern
                                             governing such emergency exemptions                     and to ensure that the resulting food is
                                             in 40 CFR part 166.                                     safe and lawful, EPA is issuing these                    Once a pesticide’s toxicological
                                                                                                     tolerances without notice and                         profile is determined, EPA identifies
                                             III. Emergency Exemption for                                                                                  toxicological points of departure (POD)
                                                                                                     opportunity for public comment as
                                             Streptomycin on Citrus and FFDCA                                                                              and levels of concern to use in
                                                                                                     provided in FFDCA section 408(l)(6).
                                             Tolerances                                                                                                    evaluating the risks to humans from
                                                                                                     Although these time-limited tolerances
                                                The Florida Department of                            expire on December 31, 2019, under                    exposure to the pesticide. For hazards
                                             Agriculture and Consumer Services                       FFDCA section 408(l)(5), residues of the              that have a threshold below which there
                                             (FDACS) asserted that an emergency                      pesticide not in excess of the amounts                is no appreciable risk, the toxicological
                                             situation exists in accordance with the                 specified in the tolerances remaining in              POD is used as the basis for derivation
                                             criteria for approval of an emergency                   or on citrus fruit commodities after that             of reference values for risk assessment.
                                             exemption, and requested the use of                     date will not be unlawful, provided the               PODs are developed based on a careful
                                             streptomycin (and oxytetracycline,                      pesticide was applied in a manner that                analysis of the doses in each
                                             addressed in a separate document) in                    was lawful under FIFRA, and the                       toxicological study to determine the
                                             citrus to suppress the Candidatus                       residues do not exceed levels that were               dose at which no adverse effects are
                                             Liberibacter asiaticus (CLas) bacterium                 authorized by these time-limited                      observed (the NOAEL) and the lowest
                                             that causes Huanglongbing (HLB) also                    tolerances at the time of that                        dose at which adverse effects of concern
                                             known as citrus greening. HLB is a                      application. EPA will take action to                  are identified (the LOAEL). Uncertainty/
                                             newly-introduced disease, vectored by                   revoke these time-limited tolerances                  safety factors are used in conjunction
                                             the invasive insect, the Asian citrus                   earlier if any experience with, scientific            with the POD to calculate a safe
                                             psyllid, and is the most serious disease                data on, or other relevant information                exposure level—generally referred to as
                                             of citrus worldwide. This disease has                   on this pesticide indicate that the                   a population-adjusted dose (PAD) or a
                                             rapidly spread throughout Florida’s                     residues are not safe.                                reference dose (RfD)—and a safe margin
                                             citrus production area, causing severe                     Because these time-limited tolerances              of exposure (MOE). For non-threshold
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                                             losses with an overall decrease in                      are being approved under emergency                    risks, EPA assumes that any amount of
                                             production of more than 60% primarily                   conditions, EPA has not made any                      exposure will lead to some degree of
                                             due to HLB. Significant losses have                     decisions about whether streptomycin                  risk. Thus, the EPA estimates risk in
                                             occurred, many producers have gone                      meets FIFRA’s registration requirements               terms of the probability of an occurrence
                                             out of business, and FDACS asserts that                 for use on citrus fruit or whether                    of the adverse effect expected in a
                                             the long-term economic viability of the                 permanent tolerances for this use would               lifetime. For more information on the


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                                                                   Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations                                                           13761

                                             general principles EPA uses in risk                                    pesticide-science-and-assessing-                                A summary of the toxicological
                                             characterization and a complete                                        pesticide-risks/assessing-human-health-                       endpoints for streptomycin used for
                                             description of the risk assessment                                     risk-pesticides.                                              human risk assessment is shown in
                                             process, see https://www.epa.gov/                                                                                                    Table 1 of this unit.
                                               TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR STREPTOMYCIN FOR USE IN HUMAN HEALTH RISK
                                                                                          ASSESSMENT
                                                                                                 Point of departure
                                                            Exposure/                                    and                        RfD, PAD, LOC                                 Study and toxicological effects
                                                             scenario                            uncertainty/safety               for risk assessment
                                                                                                       factors

                                             Acute dietary (Any population)                    NA ............................   NA ............................   Toxicity from single dose was not identified.
                                             Chronic dietary (All populations)                 NOAEL= 5 mg/kg/                   Chronic RfD =                     Two-year feeding study in rats.
                                                                                                 day                             0.05 mg/kg/day                    LOAEL = 10 mg/kg/day based on reduced body weight in
                                                                                               UFA = 10                          cPAD =                              males.
                                                                                               UFH = 10                          0.05 mg/kg/day
                                                                                               FQPA SF = 1X
                                             Inhalation (All durations) ...........            NOAEL = 5 mg/kg/                  LOC ≤ MOE of 100                  Two-year feeding study in rats.
                                                                                                 day.                                                              LOAEL = 10 mg/kg/day based on reduced body weight in
                                                                                               FQPA SF = 1X                                                          males.

                                             Cancer .......................................      Classification—There is not enough information in line with EPA’s guidelines for toxicological studies of pes-
                                                                                               ticides to classify carcinogenic potential. The toxicological data requirements have been waived due to the ex-
                                                                                               tensive human database from streptomycin drug use. A 2-year rat carcinogenicity study, used by FDA and the
                                                                                               World Health Organization to set tolerances for animal drug residues, is available and did not demonstrate evi-
                                                                                                dence of carcinogenicity. Also, a literature search for streptomycin toxicity in animals and humans did not re-
                                                                                                                             sult in any data indicating evidence of carcinogenicity.
                                               FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day =
                                             milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c =
                                             chronic). RfD = reference dose. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among the
                                             human population (intraspecies).


                                                The complete human risk assessment                                  processing factors were used for all                          used in pesticide exposure assessment
                                             for this action can be found at http://                                processed commodities, except citrus                          can be found at https://www.epa.gov/
                                             www.regulations.gov in the document                                    juice, oil, and tomato puree since                            pesticide-science-and-assessing-
                                             ‘‘Streptomycin. Section 18 Emergency                                   concentration was not observed in these                       pesticide-risks/about-water-exposure-
                                             Exemption for Citrus Grown in Florida’’                                commodities. One hundred percent crop                         models-used-pesticide.
                                             in the docket for ID number EPA–HQ–                                    treated (PCT) was assumed for all                                Potential residues resulting in surface
                                             OPP–2016–0450.                                                         commodities. EPA’s exposure                                   water and groundwater were modeled
                                                                                                                    assessment included tolerance level                           based upon registered and new uses.
                                             B. Exposure Assessment
                                                                                                                    residues in livestock commodities
                                                                                                                                                                                  The estimated drinking water
                                                1. Dietary exposure from food and                                   owing to use of streptomycin as an
                                                                                                                                                                                  concentrations (EDWCs) for ground
                                             feed uses. In evaluating dietary                                       animal drug as well. No anticipated
                                                                                                                                                                                  water were higher than for surface
                                             exposure to streptomycin, EPA                                          residue or PCT refinements were used.
                                                                                                                                                                                  water, and thus were used for estimating
                                             considered exposure under the time-                                       iii. Cancer. Based on the data
                                                                                                                                                                                  exposure from drinking water
                                             limited tolerances established by this                                 summarized in Unit IV.A., EPA has
                                                                                                                                                                                  consumption, as the most conservative
                                             action as well as all existing                                         concluded that streptomycin does not
                                             streptomycin tolerances in 40 CFR                                                                                                    (worst case) estimate. Based on the
                                                                                                                    pose a cancer risk to humans. Therefore,
                                             180.245. EPA assessed dietary                                                                                                        Pesticide Root Zone Model, Ground
                                                                                                                    a dietary exposure assessment for the
                                             exposures from streptomycin in food as                                                                                               Water, the EDWC in groundwater (the
                                                                                                                    purpose of assessing cancer risk is
                                             follows:                                                               unnecessary.                                                  highest modeled value) for streptomycin
                                                                                                                                                                                  for acute exposures is estimated to be
                                                i. Acute exposure. No acute effects                                    iv. Anticipated residue and percent
                                             were identified in the toxicological                                                                                                 932 parts per billion (ppb), and for
                                                                                                                    crop treated (PCT) information. EPA did
                                             studies for streptomycin; therefore, a                                                                                               chronic exposures (non-cancer) is
                                                                                                                    not use anticipated residue and/or PCT
                                             quantitative acute dietary exposure                                    information in the dietary assessment                         estimated at 760 ppb. No acute
                                             assessment is unnecessary.                                             for streptomycin. Tolerance level                             assessment was required as discussed
                                                                                                                    residues and 100% CT were assumed                             earlier in this document. The modeled
                                                ii. Chronic exposure. In conducting
                                                                                                                    for all food commodities.                                     estimate of drinking water concentration
                                             the chronic dietary exposure assessment
                                             EPA used the food consumption data                                        2. Dietary exposure from drinking                          for chronic exposure was directly
                                             from the 2003–2008 US Department of                                    water. The Agency used screening level                        entered into the dietary exposure model
                                             Agriculture (USDA) National Health and                                 water exposure models in the dietary                          used to estimate chronic risks presented
                                             Nutrition Examination Survey                                           exposure analysis and risk assessment                         by potential residues in food and
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                                             (NHANES). For residue levels in food,                                  for streptomycin in drinking water.                           drinking water.
                                             EPA assumed tolerance level residues                                   These simulation models take into                                3. From non-dietary exposure. The
                                             for all registered uses plus the new                                   account data on the physical, chemical,                       term ‘‘residential exposure’’ is used in
                                             tolerances of 2 ppm in citrus fruit and                                and fate/transport characteristics of                         this document to refer to non-
                                             6 ppm in the dried pulp of these                                       streptomycin. Further information                             occupational, non-dietary exposure
                                             commodities. In addition, default                                      regarding EPA drinking water models                           (e.g., for lawn and garden pest control,


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                                             13762            Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations

                                             indoor pest control, termiticides, and                  completeness of the database on toxicity              additional UFs to account for
                                             flea and tick control on pets).                         and exposure unless EPA determines,                   neurotoxicity.
                                                Streptomycin is currently registered                 based on reliable data, that a different                 iii. There is no direct evidence of
                                             for uses on residential gardens and trees               margin of safety will be safe for infants             sensitivity/susceptibility in the
                                             which could result in residential                       and children. This additional margin of               developing or young animal. No
                                             exposures. EPA considered residential                   safety is commonly referred to as the                 teratogenic effects were observed in the
                                             exposures from these uses and                           FQPA Safety Factor (SF). In applying                  rabbit. As noted previously, children
                                             determined the following: Since there is                this provision, EPA either retains the                born to mothers treated with
                                             no dermal hazard identified for                         default value of 10X, or uses a different             streptomycin injections have sometimes
                                             streptomycin, residential dermal                        additional SF when reliable data are                  had hearing loss but no teratogenic
                                             exposures were not assessed. Non-                       available to EPA which support the                    effects have been attributed to direct
                                             dietary incidental ingestion and                        choice of a different factor.                         streptomycin treatment. Chosen points
                                             inhalation from post-application                           2. Prenatal and postnatal sensitivity.             of departure are expected to be
                                             residential exposures are assumed to be                 There were no teratogenic effects noted               protective of any possible hearing loss
                                             negligible, based upon the use scenarios                in a rabbit developmental study at the                effects.
                                             and chemical properties of                              high dose of 10 mg/kg/day. Although                      iv. There are no residual uncertainties
                                             streptomycin. However, residential                      children born to mothers treated with                 identified in the exposure databases.
                                             handler inhalation exposures may occur                  streptomycin injections have sometimes                The dietary food exposure assessments
                                             based on the use sites, equipment, and                  had hearing loss, no teratogenic effects              were performed assuming 100% CT and
                                             in particular, the lack of personal                     have been attributed to streptomycin                  tolerance-level residues. EPA made
                                             protective equipment (PPE)                              treatment. The injected dose at which                 conservative (protective) assumptions in
                                             requirements on certain product labels                  these effects occurred in humans is                   the ground and surface water modeling
                                             for residential uses. Risk was therefore                equivalent to approximately 150 times                 used to assess exposure to streptomycin
                                             evaluated from short- and intermediate-                 higher than the NOAEL from the rabbit                 in drinking water. EPA used similarly
                                             term inhalation exposures for                           study and approximately 30,000 times                  conservative assumptions to consider
                                             residential (non-professional) handlers/                higher than the dose that produced the                potential for post-application exposure
                                             applicators. Further information                        reduced body weight endpoint used in                  of children as well as incidental oral
                                             regarding EPA standard assumptions                      establishing the chronic RfD.                         exposure of toddlers. These assessments
                                             and generic inputs for residential                      Additionally, none of the available                   will not underestimate the exposure and
                                             exposures may be found at: https://                     toxicity data for streptomycin indicate               risks posed by streptomycin.
                                             www.epa.gov/pesticide-science-and-                      any pre- or post-natal susceptibility.                D. Aggregate Risks and Determination of
                                             assessing-pesticide-risks/standard-                     Therefore there are no residual                       Safety
                                             operating-procedures-residential-                       concerns, EPA is confident that the
                                             pesticide.                                                                                                       EPA determines whether acute and
                                                                                                     chronic RfD is sufficiently protective for            chronic dietary pesticide exposures are
                                                4. Cumulative effects from substances
                                                                                                     teratogenic effects, and the Food Quality             safe by comparing aggregate exposure
                                             with a common mechanism of toxicity.
                                                                                                     Protection Act (FQPA) safety factor was               estimates to the acute PAD (aPAD) and
                                             Section 408(b)(2)(D)(v) of FFDCA
                                             requires that, when considering whether                 reduced to 1X.                                        chronic PAD (cPAD). For linear cancer
                                             to establish, modify, or revoke a                          3. Conclusion. EPA has determined                  risks, EPA calculates the lifetime
                                             tolerance, the Agency consider                          that reliable data show that the safety of            probability of acquiring cancer given the
                                             ‘‘available information’’ concerning the                infants and children would be                         estimated aggregate exposure. Short-,
                                             cumulative effects of a particular                      adequately protected if the FQPA SF                   intermediate-, and chronic-term risks
                                             pesticide’s residues and ‘‘other                        were reduced to 1X. That decision is                  are evaluated by comparing the
                                             substances that have a common                           based on the following findings:                      estimated aggregate food, water, and
                                             mechanism of toxicity.’’                                   i. The toxicity database for                       residential exposure to the appropriate
                                                EPA has not found streptomycin to                    streptomycin is complete. An extensive                PODs to ensure that an adequate MOE
                                             share a common mechanism of toxicity                    database exists from drug use of                      exists.
                                             with any other substances, and                          streptomycin in humans and animals                       1. Acute risk. No adverse effect
                                             streptomycin does not appear to                         and all guideline toxicity data                       resulting from a single oral exposure
                                             produce a toxic metabolite produced by                  requirements for streptomycin have                    was identified and no acute dietary
                                             other substances. For the purposes of                   been waived. The toxicity of                          endpoint was selected. Therefore,
                                             this tolerance action, therefore, EPA has               streptomycin was assessed using                       streptomycin is not expected to pose an
                                             assumed that streptomycin does not                      toxicity reviews provided by the FDA                  acute risk.
                                             have a common mechanism of toxicity                     and from the published literature on                     2. Chronic risk. Based on the
                                             with other substances. For information                  drug use. Because the dose selected for               explanation in the unit regarding
                                             regarding EPA’s efforts to determine                    risk assessment from agricultural use is              residential use patterns, chronic
                                             which chemicals have a common                           based upon a toxicity endpoint                        residential exposures to residues of
                                             mechanism of toxicity and to evaluate                   (decreased body weight in test animals)               streptomycin are not expected.
                                             the cumulative effects of such                          that occurs at a much lower oral dose                    Therefore chronic aggregate risk was
                                             chemicals, see EPA’s Web site at http://                than the injected dose at which prenatal              assessed considering only dietary
                                             www.epa.gov/pesticides/cumulative.                      hearing effects occurred in humans,                   exposures from potential residues in
                                                                                                     there are no residual concerns and the                food and drinking water. Using the
                                             C. Safety Factor for Infants and Children               FQPA safety factor is reduced to 1X.                  exposure assumptions described in this
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                                               1. In general. Section 408(b)(2)(C) of                   ii. The extensive database in animals              unit for chronic exposure, EPA has
                                             FFDCA provides that EPA shall apply                     and humans does not demonstrate any                   concluded that chronic exposure to
                                             an additional tenfold (10X) margin of                   potential for streptomycin to cause                   streptomycin from potential residues in
                                             safety for infants and children in the                  either peripheral or central nervous                  food and drinking water will not result
                                             case of threshold effects to account for                system toxicity and there is no need for              in risks of concern (i.e., are <100% of
                                             prenatal and postnatal toxicity and the                 a developmental neurotoxicity study or                the cPAD) for all population groups


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                                                              Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations                                        13763

                                             considered. The population group with                   oral and inhalation routes during                     would need to discuss with FDA
                                             the greatest dietary exposure is Infants                residential application and post-                     appropriate measures to reduce
                                             ≤1 year old, with 90% of the cPAD                       application activities, they are assumed              exposure from one or both sources.
                                             occupied by chronic dietary exposure.                   to be negligible and thus were not                       Injected drug doses of streptomycin
                                             Estimates for chronic dietary exposure                  quantitatively assessed. Therefore, the               are approximately 15 mg/kg/day.
                                             contributed by residues in food occupy                  child aggregate assessment included                   Because the oral absorption of
                                             ≤32% of the cPAD for all population                     only contributions from chronic                       streptomycin is <1%, this corresponds
                                             subgroups, indicating that the main                     exposure to food and drinking water,                  to an oral equivalent dose of 1,500 mg/
                                             contribution to dietary exposure is from                which was previously presented in this                kg/day. This oral equivalent dose is over
                                             potential residues in drinking water.                   document, and did not result in risks of              30,000 times the highest dietary
                                             The most conservative assumptions                       concern.                                              exposure estimate of 0.045 mg/kg/day,
                                             were made in the drinking water                            4. Aggregate cancer risk for U.S.                  the food and water exposure estimate
                                             analysis, which likely resulted in                      population. Based on the lack of                      for the highest-exposed population
                                             overestimated exposures. Refinements                    evidence of carcinogenicity in the                    (infants <1 year old). Therefore, dietary
                                             could be made which would likely                        streptomycin database, no cancer risk is              exposure from pesticide uses of
                                             decrease the EDWCs, thereby further                     expected from streptomycin and a                      streptomycin is negligible compared to
                                             reducing the estimates of exposure and                  cancer risk assessment was not needed.                drug exposure and would not contribute
                                             risk from potential residues in drinking                   5. Determination of safety. Based on               to drug toxicity, so there are no
                                             water. However, assessment using these                  these risk assessments, EPA concludes                 concerns for risks from dietary exposure
                                             unrefined worst-case exposure scenarios                 that there is reasonable certainty that no            contribution of streptomycin from
                                             provided chronic exposure estimates                     harm will result to the general                       pesticide use, in patients receiving
                                             which would not result in risks of                      population, or to infants and children,               streptomycin drug injections. Because
                                             concern (i.e., were <100% of the cPAD).                 from aggregate exposure to streptomycin               the pesticide exposure has no more than
                                                                                                     residues.                                             a minimal impact on the total dose to a
                                                3. Short- and intermediate-term risk.                   6. Pharmaceutical aggregate risk.                  pharmaceutical user, EPA believes that
                                             Short- and intermediate-term aggregate                  Section 408 of the FFDCA requires EPA                 there is a reasonable certainty that the
                                             exposures take into account short and                   to consider potential sources of                      potential dietary pesticide exposure will
                                             intermediate-term residential exposure                  exposure to a pesticide and related                   result in no harm to a user being treated
                                             plus chronic exposure to food and water                 substances in addition to the dietary                 therapeutically with streptomycin.
                                             (considered to be a background                          sources expected to result from a
                                             exposure level). The dermal route of                    pesticide use subject to the tolerance. In            V. Other Considerations
                                             exposure was not assessed because no                    order to determine whether to maintain                   A. Analytical Enforcement
                                             dermal hazard exists for streptomycin.                  a pesticide tolerance, EPA must                       Methodology. An adequate enforcement
                                             Non-dietary incidental ingestion and                    ‘‘determine that there is a reasonable                methodology is available to enforce the
                                             inhalation from post-application                        certainty of no harm.’’ Under FFDCA                   tolerance expression. The method uses
                                             residential exposures are assumed to be                 section 505, the Food and Drug                        high performance liquid
                                             negligible, based upon the chemical                     Administration reviews human drugs                    chromatography with tandem mass
                                             properties and the use scenarios for                    for safety and effectiveness and may                  spectrometry for detection (HPLC–MS/
                                             streptomycin. Intermediate-term                         approve a drug notwithstanding the                    MS). The method is detailed in
                                             residential exposure is not expected                    possibility that some users may                       ‘‘Confirmation of Aminoglycosides by
                                             from the residential use patterns                       experience adverse side effects. EPA                  HPLC/MS/MS; United States
                                             registered for streptomycin, and                        does not believe that, for purposes of the            Department of Agriculture, Food Safety
                                             therefore was not assessed. However,                    section 408 dietary risk assessment, it is            and Inspection Service, Office of Public
                                             short-term inhalation exposures may                     compelled to assume that combined                     Health Science SOP No: CLG–
                                             occur for residential handlers applying                 exposures to pesticide and                            AMG1.02,’’ which may be requested
                                             streptomycin, and therefore this route of               pharmaceutical residues that lead to a                from: Chief, Analytical Chemistry
                                             exposure was assessed. For all                          physiological effect in the user                      Branch, Environmental Science Center,
                                             residential handler scenarios                           constitutes ‘‘harm’’ under the meaning                701 Mapes Rd., Ft. Meade, MD 20755–
                                             considered, the estimated inhalation                    of section 408 of the FFDCA.                          5350; telephone number: (410) 305–
                                             exposures did not present risks of                         Rather, EPA believes the appropriate               2905; email address: residuemethods@
                                             concern (i.e., MOEs ≥ EPA’s LOC of                      way to consider the pharmaceutical use                epa.gov.
                                             100). The lowest calculated MOE was                     of streptomycin in its risk assessment is                B. International Residue Limits. In
                                             86,000 from the highest exposure                        to examine the impact that the                        making its tolerance decisions, EPA
                                             scenario of the handler using hand                      additional nonoccupational pesticide                  seeks to harmonize U.S. tolerances with
                                             wand/backpack and no PPE. The adult                     exposures would have to a                             international standards whenever
                                             population group with the highest                       pharmaceutical user exposed to a                      possible, consistent with U.S. food
                                             dietary exposure was adults 20 to 49                    related (or, in some cases, the same)                 safety standards and agricultural
                                             years old, with 38% of the cPAD                         compound. Where the additional                        practices. EPA considers the
                                             occupied. Therefore, aggregate short-                   pesticide exposure has no more than a                 international maximum residue limits
                                             and intermediate-term exposure                          minimal impact on the pharmaceutical                  (MRLs) established by the Codex
                                             included dietary (food and water) and                   user, EPA could make a reasonable                     Alimentarius Commission (Codex), as
                                             inhalation routes from residential                      certainty of no harm finding for the                  required by FFDCA section 408(b)(4).
                                             handler exposure. Using these two                       pesticide tolerances of that compound                 The Codex is a joint United Nations
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                                             highest-exposure scenarios, the short-                  under section 408 of the FFDCA. If the                Food and Agriculture Organization/
                                             term exposure estimate resulted in an                   potential impact on the pharmaceutical                World Health Organization food
                                             MOE of 270, which does not present a                    user as a result of co-exposure from                  standards program, and it is recognized
                                             risk of concern (MOE ≥ LOC of 100).                     pesticide use is more than minimal,                   as an international food safety
                                             Although residential exposures to                       then EPA would not be able to conclude                standards-setting organization in trade
                                             children may occur through incidental                   that dietary residues were safe, and                  agreements to which the United States


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                                             13764                 Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations

                                             is a party. EPA may establish a tolerance                              Populations and Low-Income                                              12(d) of the National Technology
                                             that is different from a Codex MRL;                                    Populations’’ (59 FR 7629, February 16,                                 Transfer and Advancement Act
                                             however, FFDCA section 408(b)(4)                                       1994).                                                                  (NTTAA) (15 U.S.C. 272 note).
                                             requires that EPA explain the reasons                                     Since tolerances and exemptions that                                 VIII. Congressional Review Act
                                             for departing from the Codex level. The                                are established in accordance with
                                             Codex has not established any MRLs for                                 FFDCA sections 408(e) and 408(l)(6),                                      Pursuant to the Congressional Review
                                             streptomycin in/on citrus fruit                                        such as the tolerances in this final rule,                              Act (5 U.S.C. 801 et seq.), EPA
                                             commodities.                                                           do not require the issuance of a                                        submitted a report containing this rule
                                             VI. Conclusion                                                         proposed rule, the requirements of the                                  and other required information to the
                                                                                                                    Regulatory Flexibility Act (RFA) (5                                     U.S. Senate, the U.S. House of
                                               Therefore, time-limited tolerances are                               U.S.C. 601 et seq.) do not apply.                                       Representatives, and the Comptroller
                                             established for residues of streptomycin                                                                                                       General of the United States prior to
                                                                                                                       This action directly regulates growers,
                                             in or on fruit, citrus, group 10–10, at 2                                                                                                      publication of the rule in the Federal
                                                                                                                    food processors, food handlers, and food
                                             ppm, and the dried pulp of these                                                                                                               Register. This action is not a ‘‘major
                                                                                                                    retailers, not States or tribes, nor does
                                             commodities at 6 ppm. These tolerances                                                                                                         rule’’ as defined by 5 U.S.C. 804(2).
                                                                                                                    this action alter the relationships or
                                             expire on December 31, 2019.
                                                                                                                    distribution of power and                                               List of Subjects in 40 CFR Part 180
                                             VII. Statutory and Executive Order                                     responsibilities established by Congress
                                             Reviews                                                                in the preemption provisions of FFDCA                                     Environmental protection,
                                                                                                                    section 408(n)(4). As such, the Agency                                  Administrative practice and procedure,
                                                This action establishes tolerances
                                                                                                                    has determined that this action will not                                Agricultural commodities, Pesticides
                                             under FFDCA sections 408(e) and
                                                                                                                    have a substantial direct effect on States                              and pests, Reporting and recordkeeping
                                             408(l)(6). The Office of Management and
                                                                                                                    or tribal governments, on the                                           requirements.
                                             Budget (OMB) has exempted these types
                                             of actions from review under Executive                                 relationship between the national                                         Dated: February 9, 2017.
                                             Order 12866, entitled ‘‘Regulatory                                     government and the States or tribal                                     Michael L. Goodis,
                                             Planning and Review’’ (58 FR 51735,                                    governments, or on the distribution of
                                                                                                                                                                                            Director, Registration Division, Office of
                                             October 4, 1993). Because this action                                  power and responsibilities among the                                    Pesticide Programs.
                                             has been exempted from review under                                    various levels of government or between
                                                                                                                    the Federal Government and Indian                                         Therefore, 40 CFR chapter I is
                                             Executive Order 12866, this action is
                                                                                                                    tribes. Thus, the Agency has determined                                 amended as follows:
                                             not subject to Executive Order 13211,
                                             entitled ‘‘Actions Concerning                                          that Executive Order 13132, entitled
                                                                                                                    ‘‘Federalism’’ (64 FR 43255, August 10,                                 PART 180—[AMENDED]
                                             Regulations That Significantly Affect
                                             Energy Supply, Distribution, or Use’’ (66                              1999) and Executive Order 13175,
                                                                                                                    entitled ‘‘Consultation and Coordination                                ■ 1. The authority citation for part 180
                                             FR 28355, May 22, 2001) or Executive                                                                                                           continues to read as follows:
                                             Order 13045, entitled ‘‘Protection of                                  with Indian Tribal Governments’’ (65 FR
                                             Children from Environmental Health                                     67249, November 9, 2000) do not apply                                       Authority: 21 U.S.C. 321(q), 346a and 371.
                                             Risks and Safety Risks’’ (62 FR 19885,                                 to this action. In addition, this action                                ■  2. In § 180.245, add alphabetically the
                                             April 23, 1997). This action does not                                  does not impose any enforceable duty or                                 entries ‘‘Fruit, citrus, Group 10–10’’ and
                                             contain any information collections                                    contain any unfunded mandate as                                         ‘‘Fruit, citrus, Group 10–10, dried pulp’’
                                             subject to OMB approval under the                                      described under Title II of the Unfunded                                to the table in paragraph (b) to read as
                                             Paperwork Reduction Act (PRA), 44                                      Mandates Reform Act (UMRA) (2 U.S.C.                                    follows:
                                             U.S.C. 3501 et seq., nor does it require                               1501 et seq.).
                                             any special considerations under                                          This action does not involve any                                     § 180.245     Streptomycin; tolerances for
                                             Executive Order 12898, entitled                                        technical standards that would require                                  residues.
                                             ‘‘Federal Actions to Address                                           Agency consideration of voluntary                                       *       *  *            *   *
                                             Environmental Justice in Minority                                      consensus standards pursuant to section                                     (b) * * *

                                                                                                                                                                                                        Parts per
                                                                                                                Commodity                                                                                                   Expiration date
                                                                                                                                                                                                         million

                                             Fruit, citrus, Group 10–10 ............................................................................................................................       2.0          December 31, 2019.
                                             Fruit, citrus, Group 10–10, dried pulp ..........................................................................................................             6.0          December 31, 2019.

                                                          *                              *                             *                              *                             *                           *                   *



                                             *        *        *        *         *
                                             [FR Doc. 2017–04779 Filed 3–14–17; 8:45 am]
                                             BILLING CODE 6560–50–P
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                                                              Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations                                         13765

                                             DEPARTMENT OF COMMERCE                                  CA. SCWA plans to manage the                             • Measures designed to eliminate
                                                                                                     naturally-formed barrier beach at the                 startling reactions.
                                             National Oceanic and Atmospheric                        mouth of the Russian River in order to                   • Eliminating or altering management
                                             Administration                                          minimize potential for flooding adjacent              activities on the beach when pups are
                                                                                                     to the estuary and to enhance habitat for             present, and setting limits on the
                                             50 CFR Part 217                                         juvenile salmonids, as well as to                     frequency and duration of events during
                                                                                                     conduct biological and physical
                                             [Docket No. 160929897–7222–02]                                                                                pupping season.
                                                                                                     monitoring of the barrier beach and
                                             RIN 0648–BG37                                           estuary. Breaching of the naturally-                  Background
                                                                                                     formed barrier beach at the mouth of the
                                             Taking and Importing Marine                             Russian River requires the use of heavy                  Paragraphs 101(a)(5)(A) and (D) of the
                                             Mammals; Taking Marine Mammals                          equipment and increased human                         MMPA (16 U.S.C. 1371 (a)(5)(A) and
                                             Incidental to Russian River Estuary                     presence, and monitoring in the estuary               (D)) direct the Secretary of Commerce to
                                             Management Activities                                   requires the use of small boats.                      allow, upon request, the incidental, but
                                                                                                       We received an application from                     not intentional, taking of small numbers
                                             AGENCY:  National Marine Fisheries
                                                                                                     SCWA requesting five-year regulations                 of marine mammals by U.S. citizens
                                             Service (NMFS), National Oceanic and
                                             Atmospheric Administration (NOAA),                      and authorization to take multiple                    who engage in a specified activity (other
                                             Commerce.                                               species of marine mammals. Take is                    than commercial fishing) within a
                                                                                                     anticipated to occur by Level B                       specified geographical region if certain
                                             ACTION: Final rule.
                                                                                                     harassment incidental to estuary                      findings are made and either regulations
                                             SUMMARY:    NMFS, upon request from the                 management activities due to                          are issued or, if the taking is limited to
                                             Sonoma County Water Agency (SCWA),                      disturbance of hauled pinnipeds. The                  harassment, a notice of a proposed
                                             issues these regulations pursuant to the                regulations are valid from 2017 to 2022.              authorization is provided to the public
                                             Marine Mammal Protection Act                            Please see ‘‘Background’’ below for                   for review.
                                             (MMPA) to govern the incidental taking                  definitions of harassment.                               An authorization for incidental
                                             of marine mammals incidental to                         Legal Authority for the Action                        takings shall be granted if NMFS finds
                                             Russian River estuary management                                                                              that the taking will have a negligible
                                             activities in Sonoma County, California,                   Section 101(a)(5)(A) of the MMPA (16
                                                                                                                                                           impact on the species or stock(s); will
                                             over the course of five years (2017–                    U.S.C. 1371(a)(5)(A)) directs the
                                                                                                                                                           not have an unmitigable adverse impact
                                             2022). These regulations, which allow                   Secretary of Commerce to allow, upon
                                                                                                                                                           on the availability of the species or
                                             for the issuance of Letters of                          request, the incidental, but not
                                                                                                                                                           stock(s) for subsistence uses (where
                                             Authorization (LOA) for the incidental                  intentional taking of small numbers of
                                                                                                     marine mammals by U.S. citizens who                   relevant); and if the permissible
                                             take of marine mammals during the                                                                             methods of taking and requirements
                                             described activities and specified                      engage in a specified activity (other than
                                                                                                     commercial fishing) within a specified                pertaining to the mitigation, monitoring
                                             timeframes, prescribe the permissible
                                                                                                     geographical region for up to five years              and reporting of such takings are set
                                             methods of taking and other means of
                                                                                                     if, after notice and public comment, the              forth. NMFS has defined ‘‘negligible
                                             effecting the least practicable adverse
                                                                                                     agency makes certain findings and                     impact’’ in 50 CFR 216.103 as ‘‘an
                                             impact on marine mammal species or
                                             stocks and their habitat, and establish                 issues regulations that set forth                     impact resulting from the specified
                                             requirements pertaining to the                          permissible methods of taking pursuant                activity that cannot be reasonably
                                             monitoring and reporting of such taking.                to that activity, as well as monitoring               expected to, and is not reasonably likely
                                                                                                     and reporting requirements. Section                   to, adversely affect the species or stock
                                             DATES: Effective from April 21, 2017,
                                                                                                     101(a)(5)(A) of the MMPA and the                      through effects on annual rates of
                                             through April 20, 2022.
                                                                                                     implementing regulations at 50 CFR part               recruitment or survival.’’
                                             ADDRESSES: A copy of SCWA’s
                                                                                                     216, subpart I provide the legal basis for               Except with respect to certain
                                             application and supporting documents,                   issuing this final rule containing five-
                                             as well as a list of the references cited                                                                     activities not pertinent here, the MMPA
                                                                                                     year regulations, and for any subsequent              defines ‘‘harassment’’ as: Any act of
                                             in this document, may be obtained                       Letters of Authorization. As directed by
                                             online at: www.nmfs.noaa.gov/pr/                                                                              pursuit, torment, or annoyance which (i)
                                                                                                     this legal authority, this final rule                 has the potential to injure a marine
                                             permits/incidental/construction.htm. In                 contains mitigation, monitoring, and
                                             case of problems accessing these                                                                              mammal or marine mammal stock in the
                                                                                                     reporting requirements.                               wild (Level A harassment); or (ii) has
                                             documents, please call the contact listed
                                             below (see FOR FURTHER INFORMATION                      Summary of Major Provisions Within                    the potential to disturb a marine
                                             CONTACT).                                               the Final Rule                                        mammal or marine mammal stock in the
                                                                                                                                                           wild by causing disruption of behavioral
                                             FOR FURTHER INFORMATION CONTACT:   Ben                     The following provides a summary of
                                                                                                                                                           patterns, including, but not limited to,
                                             Laws, Office of Protected Resources,                    some of the major provisions within the
                                                                                                     final rulemaking for SCWA estuary                     migration, breathing, nursing, breeding,
                                             NMFS, (301) 427–8401.
                                                                                                     management activities. We have                        feeding, or sheltering (Level B
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     determined that SCWA’s adherence to                   harassment).
                                             Purpose and Need for Regulatory                         the planned mitigation, monitoring, and               Summary of Request
                                             Action                                                  reporting measures listed below will
                                                These regulations, issued under the                  achieve the least practicable adverse                   On September 2, 2016, we received an
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                                             authority of the MMPA (16 U.S.C. 1361                   impact on the affected marine                         adequate and complete request from
                                             et seq.), establish a framework for                     mammals. They include:                                SCWA for authorization to take marine
                                             authorizing the take of marine mammals                     • Measures to minimize the number                  mammals incidental to estuary
                                             incidental to SCWA’s estuary                            and intensity of incidental takes during              management activities. On September
                                             management activities at the mouth of                   sensitive times of year and to minimize               20, 2016 (81 FR 64440), we published a
                                             the Russian River in Sonoma County,                     the duration of disturbances.                         notice of receipt of SCWA’s application


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Document Created: 2017-03-15 06:04:18
Document Modified: 2017-03-15 06:04:18
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 15, 2017. Objections and requests for hearings must be received on or before May 15, 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 13759 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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