82_FR_35020 82 FR 34877 - Tolpyralate; Pesticide Tolerances

82 FR 34877 - Tolpyralate; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range34877-34882
FR Document2017-15717

This regulation establishes tolerances for residues of tolpyralate in or on field corn, popcorn, and sweet corn. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Rules and Regulations]
[Pages 34877-34882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15717]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0405; FRL-9964-15]


Tolpyralate; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
tolpyralate in or on field corn, popcorn, and sweet corn. ISK 
Biosciences Corporation requested these tolerances under the Federal 
Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 27, 2017. Objections and 
requests for hearings must be received on or before September 25, 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-2015-0405, 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 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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Government 
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2015-0405 in the subject line on the first 
page of your submission. All

[[Page 34878]]

objections and requests for a hearing must be in writing, and must be 
received by the Hearing Clerk on or before September 25, 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-2015-0405, 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. Summary of Petitioned for Tolerance

    In the Federal Register of August 26, 2015 (80 FR 51759) (FRL-9931-
74), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 
5F8359) by ISK Biosciences, Corporation, 7470 Auburn Rd., Suite A, 
Concord, OH 44077. The petition requested that 40 CFR part 180 be 
amended by establishing tolerances for residues of the herbicide, 
tolpyralate, 1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-
(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate, 
including its metabolite MT-2153, in or on the raw agricultural 
commodities of corn that include field corn (corn, field, grain; corn, 
field, forage; and corn, field, stover); sweet corn (corn, sweet, 
kernel + cob with husks removed; corn, sweet, forage; and corn, sweet, 
stover); and popcorn (corn, pop, grain and corn, pop, stover) at 0.01 
parts per million (ppm). That document referenced a summary of the 
petition prepared by ISK Biosciences, Corporation the registrant, which 
is available in the docket, http://www.regulations.gov. There were no 
comments received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

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

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children.
    The effects in the tolpyralate hazard database are similar to those 
seen with other hydroxyphenylpyruvate dioxygenase (HPPD) inhibiting 
chemicals, including eye opacity and developmental skeletal defects. 
The major target organs identified were the eyes, kidney, liver, 
thyroid and developing skeleton. Other effects included pancreatic 
acinar cell single cell necrosis, gall bladder calculi, fur loss and/or 
tactile hair loss, and decreased body weights. No systemic toxicity was 
observed following a 28-day dermal exposure in the rat.
    Neurotoxicity was not observed in the acute or subchronic 
neurotoxicity studies in the rat. There was no indication of 
neurotoxicity to the fetus in developmental studies or during early 
postnatal development in a rat reproductive toxicity study. However, 
with chronic exposure, rats and mice showed effects on the nervous 
system that were indicative of a temporally-dependent response for 
neurotoxicity. Similar findings were not seen in the one-year dog 
study.
    Developmental toxicity studies in the rat and rabbit showed that 
the main effects on fetuses in both species were skeletal variations 
that are consistent with those observed from exposure to other HPPD 
inhibitors. These skeletal effects are considered to be evidence of 
increased quantitative and qualitative prenatal susceptibility. No 
immunotoxic potential was observed in a mouse immunotoxicity study; 
however, in the dog, inflammation associated with hyperostosis and 
lymph node hyperplasia in males was observed.
    In the rat, an increase in the incidence of squamous cell 
carcinomas of the eye was observed. The increase in this tumor type is 
considered to be related to the eye opacities typically observed with 
compounds producing HPPD inhibition. The Agency has determined that 
tolpyralate shows ``suggestive evidence of carcinogenicity to humans'' 
based on an increase in the incidence of squamous cell carcinoma of the 
eye in male rats in the rat carcinogenicity study. There was no 
evidence of carcinogenicity in female rats or in the mouse. Most 
genotoxicity studies did not show evidence of mutagenicity or 
clastogenicity. A mouse lymphoma cell gene mutation assay showed a 
dose-dependent, reproducible increase in mutant colonies, but the 
results of this study are considered inconclusive due to the 
insolubility of the test compound. However, all other genotoxicity 
studies, including an in vivo mouse micronucleus assay, were negative. 
Therefore, when considered as a whole, the available mutagenicity and 
clastogenicity studies did not indicate genotoxic potential.
    The Agency concluded that the eye tumors resulted from long-term 
exposure to increased blood tyrosine levels as a result of HPPD 
inhibition. The eye is a target organ for HPPD inhibitors and causes 
opacities and keratitis with subchronic or chronic exposure. Eye tumors 
have been

[[Page 34879]]

reported in male rats following chronic exposure to some other HPPD 
inhibitors. Since the development of the eye tumors in the rat is 
considered to be dependent upon ocular toxicity, and not to a linear 
(non-threshold), genotoxic mechanism, tumors will not develop at doses 
that are protective of eye toxicity. Eye effects from exposure to 
tolpyralate were observed at the LOAEL in males in the rat chronic 
toxicity/carcinogenicity study but not at the NOAEL. The NOAEL from 
this study is therefore considered protective of this tumor type and 
was used as the basis of the chronic reference dose. Quantification of 
cancer risk is not required because the chronic reference dose, which 
is protective of eye toxicity, is considered to be protective of cancer 
risk.
    The acute toxicity of tolpyralate is low, and it is not an eye or 
skin irritant or a dermal sensitizer.
    Specific information on the studies received and the nature of the 
adverse effects caused by tolpyralate as well as the NOAELs and the 
LOAELs from the toxicity studies can be found at http://www.regulations.gov in document titled ``Tolpyralate--New Active 
Ingredient Human Health Risk Assessment for Proposed Uses on Sweet 
Corn, Field Corn, and Popcorn'' at page 35 in docket ID number EPA-HQ-
OPP-2015-405.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern (LOC) to use in evaluating the risk posed by human exposure to 
the pesticide. For hazards that have a threshold below which there is 
no appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides.
    No adverse effects resulting from a single exposure and relevant 
for the general population were identified for tolpyralate; therefore, 
a point of departure for assessing acute risk for this population was 
not established. The fetal skeletal effects noted above are suitable 
for acute assessment of women of child-bearing age. The no-adverse 
effect level (NOAEL) for skeletal variations in the rabbit 
developmental toxicity study is 5 mg/kg body weight (bw)/day (lowest 
adverse effect level (LOAEL) = 50 mg/kg bw/day). Chronic exposure is 
being assessed based on the systemic effects (fur loss; eye opacity; 
liver; pancreas; kidney; thyroid and cerebellar effects) noted in the 
chronic oral toxicity study in rats, with a NOAEL of 0.93 mg/kg bw/day 
and a LOAEL of 97/126 (male/female) mg/kg bw/day. A summary of the 
toxicological endpoints for tolpyralate used for human risk assessment 
is shown in Table 1 of this unit.

  Table 1--Summary of Toxicological Doses and Endpoints for Tolpyralate 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 (General population  ....................  ...................  An appropriate endpoint was not
 including infants and children).                                              identified for this exposure
                                                                               scenario. An adverse effect
                                                                               resulting from a single oral
                                                                               exposure was not identified for
                                                                               the general population.
Acute dietary (Females 13-49       NOAEL = 5 mg/kg/day.  Acute RfD = 0.05 mg/ Developmental toxicity study in
 years of age).                    UFA = 10x...........   kg/day.              the rabbit (gavage; range-finding
                                   UFH = 10x...........  aPAD = 0.05 mg/kg/    and main studies considered
                                   FQPA SF = 1x........   day.                 together).
                                                                              Developmental LOAEL = 50 mg/kg/day
                                                                               based an increased incidence of
                                                                               skeletal abnormalities (range-
                                                                               finding study).
Chronic dietary (All populations   NOAEL= 0.925 mg/kg/   Chronic RfD =        Chronic oral toxicity in the rat
 including infants and children     day.                  0.0093 mg/kg/day.    (dietary).
 and females 13-49 years of age).  UFA = 10x...........  cPAD = 0.0093 mg/kg/ LOAEL = 97/126 mg/kg/day based on
                                   UFH = 10x...........   day.                 fur loss, eye opacity/
                                   FQPA SF = 1x........                        neovascularization/keratitis,
                                                                               increased relative liver weight,
                                                                               thyroid follicular cell
                                                                               hypertrophy, hepatocellular
                                                                               centrilobular fatty change,
                                                                               increased pancreatic acinar cell
                                                                               necrosis, renal tubule basophilic
                                                                               change, increased molecular layer
                                                                               vacuolation in the cerebellum
                                                                               (males).
                                  ------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)     Classification: Suggestive evidence of carcinogenic potential in humans,
                                    based on squamous cell carcinoma of the eye in male rats. The chronic RfD is
                                                           protective 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. UF = uncertainty factor.
  UFH = potential variation in sensitivity among members of the human population (intraspecies). DAF = dermal
  absorption factor.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to tolpyralate, EPA considered exposure under the petitioned-
for tolerances. EPA assessed dietary exposures from tolpyralate in food 
as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a 1-day or single exposure.
    Such effects were identified for tolpyralate. In estimating acute 
dietary exposure, EPA used food consumption information from the United 
States Department of Agriculture (USDA)

[[Page 34880]]

under the Continuing Survey of Food Intake by Individuals (CSFII) and 
the CDC under the National Health and Nutrition Examination Survey/What 
We Eat in America (NHANES/WEIA) 2003-2008. EPA assumed tolerance-level 
residues for all commodities and 100% crop treated. There is no 
expectation of finite residues in either livestock commodities or 
rotational crops; therefore, no residues have been entered for these 
commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA NHANES/WEIA 
2003-2008. EPA assumed tolerance-level residues for all commodities and 
100% crop treated.
    iii. Cancer. The Agency has determined that quantification of risk 
using a non-linear approach (i.e., RfD), for tolpyralate will 
adequately account for all chronic toxicity, including carcinogenicity, 
that could result from exposure to tolpyralate. As a result, the 
chronic dietary exposure assessment is protective for potential cancer 
risk, and a separate cancer exposure assessment was not conducted.
    iv. Anticipated residue and percent crop treated (PCT) information. 
EPA did not use anticipated residue and/or PCT information in the 
dietary assessment for tolpyralate. Tolerance level residues and/or 
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 tolpyralate in 
drinking water. These simulation models take into account data on the 
physical, chemical, and fate/transport characteristics of tolpyralate. 
Further information regarding EPA drinking water models used in 
pesticide exposure assessment can be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.
    The groundwater value was generated using the Pesticide Root Zone 
Model for Groundwater (PRZM-GW) Model, and the surface water values 
were generated using the Pesticide Root Zone Model (PRZM5) and the 
Variable Volume Water Model (VVWM). The EDWCs of tolpyralate for acute 
exposures are estimated to be 6.75 parts per billion (ppb) for surface 
water and 11.53 ppb for ground water. For chronic exposures assessments 
are estimated to be 0.65 ppb for surface water and 10.18 ppb for ground 
water. Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model.
    For acute dietary risk assessment, the water concentration value of 
11.53 ppb was used to assess the contribution to drinking water.
    For chronic dietary risk assessment, the water concentration of 
value 10.18 ppb was used to assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    Tolpyralate is not registered for any specific use patterns that 
would result in residential exposure.
    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.''
    Although tolpyralate belongs to the class of chemicals whose 
mechanism of toxicity is the inhibition of HPPD, EPA has not made a 
common mechanism of toxicity finding as to tolpyralate and other HPPD-
inhibiting substances. There are marked differences among species in 
the ocular toxicity and other effects typically associated with 
tolpyralate and other substances that the inhibit HPPD. Ocular effects 
following treatment with HPPD-inhibitor herbicides are seen in the rat 
but not in the mouse. Monkeys also seem to be recalcitrant to the 
ocular toxicity induced by HPPD inhibition. One explanation for this 
species-specific response in ocular opacity may be related to species 
differences in the clearance of tyrosine. A metabolic pathway that 
involves the liver enzyme tyrosine aminotransferase (TAT) exists to 
remove tyrosine from the blood. In contrast to rats where ocular 
toxicity is observed following exposure to HPPD-inhibiting herbicides, 
mice and humans are unlikely to achieve the levels of plasma tyrosine 
necessary to produce ocular opacities because the activity of TAT in 
these species is much greater compared to rats.
    HPPD inhibitors (e.g., nitisinone) are used as an effective 
therapeutic agent to treat patients suffering from rare genetic 
diseases of tyrosine catabolism. Treatment starts in childhood but is 
often sustained throughout patient's lifetime. The human experience 
indicates that a therapeutic dose (1 mg/kg/day dose) of nitisinone has 
an excellent safety record in infants, children, and adults and that 
serious adverse health outcomes have not been observed in a population 
followed for approximately a decade. Rarely, ocular effects are seen in 
patients with high plasma tyrosine levels; however, these effects are 
transient and can be readily reversed upon adherence to a restricted 
protein diet. This observation indicates that an HPPD inhibitor in and 
of itself cannot easily overwhelm the tyrosine-clearance mechanism in 
humans.
    Based on the available information about the potential mechanism of 
toxicity and the variability of effects between species, EPA has not 
assumed, for purposes of this tolerance action, that tolpyralate has a 
common mechanism of toxicity with other substances.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply an additional tenfold (10X) margin of safety for infants 
and children in the case of threshold effects to account for prenatal 
and postnatal toxicity and the completeness of the database on toxicity 
and exposure unless EPA determines based on reliable data that a 
different margin of safety will be safe for infants and children. This 
additional margin of safety is commonly referred to as the FQPA Safety 
Factor (SF). In applying this provision, EPA either retains the default 
value of 10X, or uses a different additional safety factor when 
reliable data available to EPA support the choice of a different 
factor.
    2. Prenatal and postnatal sensitivity. Quantitative and qualitative 
evidence of increased susceptibility, as compared to adults, of fetuses 
to in utero exposure to tolpyralate was observed in developmental 
toxicity studies in rats and rabbits. Concern for this evidence is low 
because (1) clear NOAELs/LOAELs were identified for the observed 
effects; (2) the relevant developmental effects were observed at LOAELs 
that were well above (10-fold greater) the NOAELs; and (3) the selected 
endpoints are protective of these effects.
    3. Conclusion. EPA has determined that reliable data show the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1x. That decision is based on the following 
findings:
    i. The database for tolpyralate is considered complete with respect 
to FQPA assessment.
    ii. There is no concern for neurotoxicity from single or subchronic 
exposures. Although neuropathology was observed at the LOAELs in the 
rat

[[Page 34881]]

and the mouse long-term studies, the chronic LOAELs were almost 100-
fold greater than the chronic NOAELs. The POD and endpoint for chronic 
dietary exposure are selected from the rat chronic study. Therefore, 
the chronic PAD (cPAD) is protective of potential neuropathology. It is 
also protective of increased susceptibility of offspring for 
neurotoxicity in the absence of a developmental neurotoxicity study, 
since neurotoxicity in adult animals was only observed as an effect 
following long-term dosing. There was no neurotoxicity observed in the 
database with exposure up to 90 days, including no evidence of 
neurotoxicity in the rat or rabbit developmental toxicity studies or 
the rat reproductive toxicity study. An additional uncertainty factor 
to account for the absence of data or other data deficiency (10x UFDB) 
is therefore not needed to account for this study.
    iii. Evidence of quantitative and qualitative prenatal 
susceptibility was observed in the rat and rabbit developmental 
toxicity studies based on findings of fetal skeletal abnormalities at 
doses below those causing maternal toxicity. However, clear NOAELs and 
LOAELs were identified in both species and there are no residual 
uncertainties regarding the points of departure PODs or the endpoints 
of concern.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100% CT and tolerance-level residues. EPA made conservative 
(protective) assumptions in the ground and surface water modeling used 
to assess exposure to tolpyralate in drinking water. These assessments 
will not underestimate the exposure and risks posed by tolpyralate.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and cPAD. For linear cancer risks, EPA calculates the 
lifetime probability of acquiring cancer given the estimated aggregate 
exposure. Short-, intermediate-, and chronic-term risks are evaluated 
by comparing the estimated aggregate food, water, and residential 
exposure to the appropriate PODs to ensure that an adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food and water 
to tolpyralate will occupy 1.3% of the aPAD for females of child-
bearing age (13-49 years old), the only population relevant for 
assessing acute exposure to tolpyralate.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
tolpyralate from food and water will utilize 6.2% of the cPAD for all 
infants (<1 year-old), the population group receiving the greatest 
exposure. There are no residential uses for tolpyralate.
    3. Short-term risk. A short-term adverse effect was identified; 
however, tolpyralate is not registered for any use patterns that would 
result in short-term residential exposure. Short-term risk is assessed 
based on short-term residential exposure plus chronic dietary exposure. 
Because there is no short-term residential exposure and chronic dietary 
exposure has already been assessed under the appropriately protective 
cPAD (which is at least as protective as the POD used to assess short-
term risk), no further assessment of short-term risk is necessary, and 
EPA relies on the chronic dietary risk assessment for evaluating short-
term risk for tolpyralate.
    4. Intermediate-term risk. An intermediate-term adverse effect was 
identified; however, tolpyralate is not registered for any use patterns 
that would result in intermediate-term residential exposure. 
Intermediate-term risk is assessed based on intermediate-term 
residential exposure plus chronic dietary exposure. Because there is no 
intermediate-term residential exposure and chronic dietary exposure has 
already been assessed under the appropriately protective cPAD (which is 
at least as protective as the POD used to assess intermediate-term 
risk), no further assessment of intermediate-term risk is necessary, 
and EPA relies on the chronic dietary risk assessment for evaluating 
intermediate-term risk for tolpyralate.
    5. Aggregate cancer risk for U.S. population. Based on the 
discussion in Unit III.A., the chronic dietary exposure assessment is 
protective for potential cancer risk.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to tolpyralate residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (ISK Biosciences Method JSM0433) 
for plant commodities is a LC-MS/MS method that can be used to analyze 
for parent tolpyralate and the metabolite MT-2153 concurrently. It has 
been developed and independently validated, and is available to enforce 
the tolerance expression. For all matrices and analytes, the level of 
quantification (LOQ), defined as the lowest level of method validation 
(LLMV) or lowest spiking level where acceptable precision and accuracy 
data were obtained, was determined to be 0.01 ppm. The limit of 
detection (LOD) was 0.004 ppm.
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level. The Codex has not 
established a MRL for tolpyralate.

V. Conclusion

    Therefore, tolerances are established for residues of the herbicide 
tolpyralate in or on field corn (corn, field, grain; corn, field, 
forage; and corn, field, stover), sweet corn (corn, sweet, kernel + cob 
with husks removed; corn, sweet, forage; and corn, sweet, stover), and 
popcorn (corn, pop, grain and corn, pop, stover) at 0.01 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in 
response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under

[[Page 34882]]

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

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: July 11, 2017.
Richard P. Keigwin, Jr.,
Director, 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. Add Sec.  180.696 to subpart C to read as follows:


Sec.  180.696  Tolpyralate; tolerances for residues.

    (a) General. Tolerances are established for residues of 
tolpyralate, including its metabolites and degradates, in or on the 
commodities in the table below. Compliance with the tolerance levels 
specified below is to be determined by measuring only tolpyralate, 1-
[[1-ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-(methylsulfonyl)benzoyl]-
1H-pyrazol-5-yl]oxy]ethyl methyl carbonate, in or on the commodity.

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Corn, field, forage.........................................        0.01
Corn, field, grain..........................................        0.01
Corn, field, stover.........................................        0.01
Corn, pop, grain............................................        0.01
Corn, pop, stover...........................................        0.01
Corn, sweet, forage.........................................        0.01
Corn, sweet, kernel plus cob with husks removed.............        0.01
Corn, sweet, stover.........................................        0.01
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

[FR Doc. 2017-15717 Filed 7-26-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations                                                       34877

                                                Populations and Low-Income                                 Dated: June 22, 2017.                                             Docket Center (EPA/DC), West William
                                                Populations’’ (59 FR 7629, February 16,                  Michael Goodis,                                                     Jefferson Clinton Bldg., Rm. 3334, 1301
                                                1994).                                                   Director Registration Division, Office of                           Constitution Ave. NW., Washington, DC
                                                   Since tolerances and exemptions that                  Pesticide Programs.                                                 20460–0001. The Public Reading Room
                                                are established on the basis of a petition                 Therefore, 40 CFR chapter I is                                    is open from 8:30 a.m. to 4:30 p.m.,
                                                under FFDCA section 408(d), such as                      amended as follows:                                                 Monday through Friday, excluding legal
                                                the tolerance in this final rule, do not                                                                                     holidays. The telephone number for the
                                                require the issuance of a proposed rule,                 PART 180—[AMENDED]                                                  Public Reading Room is (202) 566–1744,
                                                the requirements of the Regulatory                                                                                           and the telephone number for the OPP
                                                Flexibility Act (RFA) (5 U.S.C. 601 et                   ■ 1. The authority citation for part 180                            Docket is (703) 305–5805. Please review
                                                seq.), do not apply.                                     continues to read as follows:                                       the visitor instructions and additional
                                                                                                              Authority: 21 U.S.C. 321(q), 346a and 371.                     information about the docket available
                                                   This action directly regulates growers,                                                                                   at http://www.epa.gov/dockets.
                                                food processors, food handlers, and food                 ■ 2. In § 180.663, revise the entry for
                                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                retailers, not States or tribes, nor does                ‘‘Hop, dried cones’’ in the table in
                                                this action alter the relationships or                   paragraph (a) to read as follows:                                   Michael Goodis, Registration Division
                                                distribution of power and                                                                                                    (7505P), Office of Pesticide Programs,
                                                responsibilities established by Congress                 § 180.663 Ametoctradin; tolerances for                              Environmental Protection Agency, 1200
                                                                                                         residues.                                                           Pennsylvania Ave. NW., Washington,
                                                in the preemption provisions of FFDCA
                                                section 408(n)(4). As such, the Agency                        (a) * * *                                                      DC 20460–0001; main telephone
                                                has determined that this action will not                                                                                     number: (703) 305–7090; email address:
                                                have a substantial direct effect on States                                                                       Parts       RDFRNotices@epa.gov.
                                                                                                                       Commodity                                  per        SUPPLEMENTARY INFORMATION:
                                                or tribal governments, on the                                                                                    million
                                                relationship between the national                                                                                            I. General Information
                                                government and the States or tribal
                                                governments, or on the distribution of                     *          *          *               *                    *      A. Does this action apply to me?
                                                power and responsibilities among the                     Hop, dried cones ........................                     100
                                                                                                                                                                                You may be potentially affected by
                                                various levels of government or between                                                                                      this action if you are an agricultural
                                                                                                               *           *              *               *           *
                                                the Federal Government and Indian                                                                                            producer, food manufacturer, or
                                                tribes. Thus, the Agency has determined                                                                                      pesticide manufacturer. The following
                                                                                                         *         *       *       *           *
                                                that Executive Order 13132, entitled                     [FR Doc. 2017–15762 Filed 7–26–17; 8:45 am]                         list of North American Industrial
                                                ‘‘Federalism’’ (64 FR 43255, August 10,                                                                                      Classification System (NAICS) codes is
                                                                                                         BILLING CODE 6560–50–P
                                                1999) and Executive Order 13175,                                                                                             not intended to be exhaustive, but rather
                                                entitled ‘‘Consultation and Coordination                                                                                     provides a guide to help readers
                                                with Indian Tribal Governments’’ (65 FR                  ENVIRONMENTAL PROTECTION                                            determine whether this document
                                                67249, November 9, 2000) do not apply                    AGENCY                                                              applies to them. Potentially affected
                                                to this action. In addition, this action                                                                                     entities may include:
                                                does not impose any enforceable duty or                  40 CFR Part 180                                                        • Crop production (NAICS code 111).
                                                contain any unfunded mandate as                                                                                                 • Animal production (NAICS code
                                                                                                         [EPA–HQ–OPP–2015–0405; FRL–9964–15]
                                                described under Title II of the Unfunded                                                                                     112).
                                                Mandates Reform Act (UMRA) (2 U.S.C.                     Tolpyralate; Pesticide Tolerances                                      • Food manufacturing (NAICS code
                                                1501 et seq.).                                                                                                               311).
                                                   This action does not involve any                      AGENCY:  Environmental Protection                                      • Pesticide manufacturing (NAICS
                                                technical standards that would require                   Agency (EPA).                                                       code 32532).
                                                Agency consideration of voluntary                        ACTION: Final rule.                                                 B. How can I get electronic access to
                                                consensus standards pursuant to section                                                                                      other related information?
                                                                                                         SUMMARY:   This regulation establishes
                                                12(d) of the National Technology
                                                                                                         tolerances for residues of tolpyralate in                              You may access a frequently updated
                                                Transfer and Advancement Act
                                                                                                         or on field corn, popcorn, and sweet                                electronic version of EPA’s tolerance
                                                (NTTAA) (15 U.S.C. 272 note).
                                                                                                         corn. ISK Biosciences Corporation                                   regulations at 40 CFR part 180 through
                                                VII. Congressional Review Act                            requested these tolerances under the                                the Government Printing Office’s e-CFR
                                                                                                         Federal Food, Drug, and Cosmetic Act                                site at http://www.ecfr.gov/cgi-bin/text-
                                                  Pursuant to the Congressional Review                   (FFDCA).                                                            idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                                Act (5 U.S.C. 801 et seq.), EPA will                                                                                         40tab_02.tpl.
                                                submit a report containing this rule and                 DATES:  This regulation is effective July
                                                other required information to the U.S.                   27, 2017. Objections and requests for                               C. How can I file an objection or hearing
                                                Senate, the U.S. House of                                hearings must be received on or before                              request?
                                                Representatives, and the Comptroller                     September 25, 2017, and must be filed                                 Under FFDCA section 408(g), 21
                                                General of the United States prior to                    in accordance with the instructions                                 U.S.C. 346a, any person may file an
                                                publication of the rule in the Federal                   provided in 40 CFR part 178 (see also                               objection to any aspect of this regulation
                                                Register. This action is not a ‘‘major                   Unit I.C. of the SUPPLEMENTARY                                      and may also request a hearing on those
                                                rule’’ as defined by 5 U.S.C. 804(2).                    INFORMATION).
                                                                                                                                                                             objections. You must file your objection
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                                                List of Subjects in 40 CFR Part 180                      ADDRESSES:   The docket for this action,                            or request a hearing on this regulation
                                                                                                         identified by docket identification (ID)                            in accordance with the instructions
                                                  Environmental protection,                              number EPA–HQ–OPP–2015–0405, is                                     provided in 40 CFR part 178. To ensure
                                                Administrative practice and procedure,                   available at http://www.regulations.gov                             proper receipt by EPA, you must
                                                Agricultural commodities, Pesticides                     or at the Office of Pesticide Programs                              identify docket ID number EPA–HQ–
                                                and pests, Reporting and recordkeeping                   Regulatory Public Docket (OPP Docket)                               OPP–2015–0405 in the subject line on
                                                requirements.                                            in the Environmental Protection Agency                              the first page of your submission. All


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                                                34878              Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations

                                                objections and requests for a hearing                    prepared by ISK Biosciences,                          cell necrosis, gall bladder calculi, fur
                                                must be in writing, and must be                          Corporation the registrant, which is                  loss and/or tactile hair loss, and
                                                received by the Hearing Clerk on or                      available in the docket, http://                      decreased body weights. No systemic
                                                before September 25, 2017. Addresses                     www.regulations.gov. There were no                    toxicity was observed following a 28-
                                                for mail and hand delivery of objections                 comments received in response to the                  day dermal exposure in the rat.
                                                and hearing requests are provided in 40                  notice of filing.                                        Neurotoxicity was not observed in the
                                                CFR 178.25(b).                                                                                                 acute or subchronic neurotoxicity
                                                  In addition to filing an objection or                  III. Aggregate Risk Assessment and                    studies in the rat. There was no
                                                hearing request with the Hearing Clerk                   Determination of Safety                               indication of neurotoxicity to the fetus
                                                as described in 40 CFR part 178, please                     Section 408(b)(2)(A)(i) of FFDCA                   in developmental studies or during
                                                submit a copy of the filing (excluding                   allows EPA to establish a tolerance (the              early postnatal development in a rat
                                                any Confidential Business Information                    legal limit for a pesticide chemical                  reproductive toxicity study. However,
                                                (CBI)) for inclusion in the public docket.               residue in or on a food) only if EPA                  with chronic exposure, rats and mice
                                                Information not marked confidential                      determines that the tolerance is ‘‘safe.’’            showed effects on the nervous system
                                                pursuant to 40 CFR part 2 may be                         Section 408(b)(2)(A)(ii) of FFDCA                     that were indicative of a temporally-
                                                disclosed publicly by EPA without prior                  defines ‘‘safe’’ to mean that ‘‘there is a            dependent response for neurotoxicity.
                                                notice. Submit the non-CBI copy of your                  reasonable certainty that no harm will                Similar findings were not seen in the
                                                objection or hearing request, identified                 result from aggregate exposure to the                 one-year dog study.
                                                by docket ID number EPA–HQ–OPP–                          pesticide chemical residue, including                    Developmental toxicity studies in the
                                                2015–0405, by one of the following                       all anticipated dietary exposures and all             rat and rabbit showed that the main
                                                methods:                                                 other exposures for which there is                    effects on fetuses in both species were
                                                  • Federal eRulemaking Portal: http://                  reliable information.’’ This includes                 skeletal variations that are consistent
                                                www.regulations.gov. Follow the online                   exposure through drinking water and in                with those observed from exposure to
                                                instructions for submitting comments.                    residential settings, but does not include            other HPPD inhibitors. These skeletal
                                                Do not submit electronically any                         occupational exposure. Section                        effects are considered to be evidence of
                                                information you consider to be CBI or                    408(b)(2)(C) of FFDCA requires EPA to                 increased quantitative and qualitative
                                                other information whose disclosure is                    give special consideration to exposure                prenatal susceptibility. No immunotoxic
                                                restricted by statute.                                   of infants and children to the pesticide              potential was observed in a mouse
                                                  • Mail: OPP Docket, Environmental                      chemical residue in establishing a                    immunotoxicity study; however, in the
                                                Protection Agency Docket Center (EPA/                    tolerance and to ‘‘ensure that there is a             dog, inflammation associated with
                                                DC), (28221T), 1200 Pennsylvania Ave.                    reasonable certainty that no harm will                hyperostosis and lymph node
                                                NW., Washington, DC 20460–0001.                          result to infants and children from                   hyperplasia in males was observed.
                                                  • Hand Delivery: To make special                       aggregate exposure to the pesticide                      In the rat, an increase in the incidence
                                                arrangements for hand delivery or                        chemical residue. . . .’’                             of squamous cell carcinomas of the eye
                                                delivery of boxed information, please                       Consistent with FFDCA section                      was observed. The increase in this
                                                follow the instructions at http://                       408(b)(2)(D), and the factors specified in            tumor type is considered to be related
                                                www.epa.gov/dockets/contacts.html.                       FFDCA section 408(b)(2)(D), EPA has                   to the eye opacities typically observed
                                                  Additional instructions on                             reviewed the available scientific data                with compounds producing HPPD
                                                commenting or visiting the docket,                       and other relevant information in                     inhibition. The Agency has determined
                                                along with more information about                        support of this action. EPA has                       that tolpyralate shows ‘‘suggestive
                                                dockets generally, is available at http://               sufficient data to assess the hazards of              evidence of carcinogenicity to humans’’
                                                www.epa.gov/dockets.                                     and to make a determination on                        based on an increase in the incidence of
                                                                                                         aggregate exposure for tolpyralate                    squamous cell carcinoma of the eye in
                                                II. Summary of Petitioned for Tolerance
                                                                                                         including exposure resulting from the                 male rats in the rat carcinogenicity
                                                   In the Federal Register of August 26,                 tolerances established by this action.                study. There was no evidence of
                                                2015 (80 FR 51759) (FRL–9931–74),                        EPA’s assessment of exposures and risks               carcinogenicity in female rats or in the
                                                EPA issued a document pursuant to                        associated with tolpyralate follows.                  mouse. Most genotoxicity studies did
                                                FFDCA section 408(d)(3), 21 U.S.C.                                                                             not show evidence of mutagenicity or
                                                346a(d)(3), announcing the filing of a                   A. Toxicological Profile                              clastogenicity. A mouse lymphoma cell
                                                pesticide petition (PP 5F8359) by ISK                      EPA has evaluated the available                     gene mutation assay showed a dose-
                                                Biosciences, Corporation, 7470 Auburn                    toxicity data and considered its validity,            dependent, reproducible increase in
                                                Rd., Suite A, Concord, OH 44077. The                     completeness, and reliability as well as              mutant colonies, but the results of this
                                                petition requested that 40 CFR part 180                  the relationship of the results of the                study are considered inconclusive due
                                                be amended by establishing tolerances                    studies to human risk. EPA has also                   to the insolubility of the test compound.
                                                for residues of the herbicide, tolpyralate,              considered available information                      However, all other genotoxicity studies,
                                                1-[[1-ethyl-4-[3-(2-methoxyethoxy)-2-                    concerning the variability of the                     including an in vivo mouse
                                                methyl-4-(methylsulfonyl)benzoyl]-1H-                    sensitivities of major identifiable                   micronucleus assay, were negative.
                                                pyrazol-5-yl]oxy]ethyl methyl                            subgroups of consumers, including                     Therefore, when considered as a whole,
                                                carbonate, including its metabolite MT–                  infants and children.                                 the available mutagenicity and
                                                2153, in or on the raw agricultural                        The effects in the tolpyralate hazard               clastogenicity studies did not indicate
                                                commodities of corn that include field                   database are similar to those seen with               genotoxic potential.
                                                corn (corn, field, grain; corn, field,                   other hydroxyphenylpyruvate                              The Agency concluded that the eye
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                                                forage; and corn, field, stover); sweet                  dioxygenase (HPPD) inhibiting                         tumors resulted from long-term
                                                corn (corn, sweet, kernel + cob with                     chemicals, including eye opacity and                  exposure to increased blood tyrosine
                                                husks removed; corn, sweet, forage; and                  developmental skeletal defects. The                   levels as a result of HPPD inhibition.
                                                corn, sweet, stover); and popcorn (corn,                 major target organs identified were the               The eye is a target organ for HPPD
                                                pop, grain and corn, pop, stover) at 0.01                eyes, kidney, liver, thyroid and                      inhibitors and causes opacities and
                                                parts per million (ppm). That document                   developing skeleton. Other effects                    keratitis with subchronic or chronic
                                                referenced a summary of the petition                     included pancreatic acinar cell single                exposure. Eye tumors have been


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                                                                   Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations                                                                    34879

                                                reported in male rats following chronic                         Corn, and Popcorn’’ at page 35 in docket                            expected in a lifetime. For more
                                                exposure to some other HPPD                                     ID number EPA–HQ–OPP–2015–405.                                      information on the general principles
                                                inhibitors. Since the development of the                                                                                            EPA uses in risk characterization and a
                                                                                                                B. Toxicological Points of Departure/
                                                eye tumors in the rat is considered to be                                                                                           complete description of the risk
                                                                                                                Levels of Concern
                                                dependent upon ocular toxicity, and not                                                                                             assessment process, see http://
                                                to a linear (non-threshold), genotoxic                             Once a pesticide’s toxicological                                 www2.epa.gov/pesticide-science-and-
                                                mechanism, tumors will not develop at                           profile is determined, EPA identifies                               assessing-pesticide-risks/assessing-
                                                doses that are protective of eye toxicity.                      toxicological points of departure (POD)                             human-health-risk-pesticides.
                                                Eye effects from exposure to tolpyralate                        and levels of concern (LOC) to use in                                  No adverse effects resulting from a
                                                were observed at the LOAEL in males in                          evaluating the risk posed by human                                  single exposure and relevant for the
                                                the rat chronic toxicity/carcinogenicity                        exposure to the pesticide. For hazards                              general population were identified for
                                                study but not at the NOAEL. The                                 that have a threshold below which there                             tolpyralate; therefore, a point of
                                                NOAEL from this study is therefore                              is no appreciable risk, the toxicological                           departure for assessing acute risk for
                                                considered protective of this tumor type                        POD is used as the basis for derivation                             this population was not established. The
                                                and was used as the basis of the chronic                        of reference values for risk assessment.                            fetal skeletal effects noted above are
                                                reference dose. Quantification of cancer                        PODs are developed based on a careful                               suitable for acute assessment of women
                                                risk is not required because the chronic                        analysis of the doses in each                                       of child-bearing age. The no-adverse
                                                reference dose, which is protective of                          toxicological study to determine the                                effect level (NOAEL) for skeletal
                                                eye toxicity, is considered to be                               dose at which no adverse effects are                                variations in the rabbit developmental
                                                protective of cancer risk.                                      observed (the NOAEL) and the lowest                                 toxicity study is 5 mg/kg body weight
                                                                                                                dose at which adverse effects of concern                            (bw)/day (lowest adverse effect level
                                                   The acute toxicity of tolpyralate is                         are identified (the LOAEL). Uncertainty/                            (LOAEL) = 50 mg/kg bw/day). Chronic
                                                low, and it is not an eye or skin irritant                      safety factors are used in conjunction                              exposure is being assessed based on the
                                                or a dermal sensitizer.                                         with the POD to calculate a safe                                    systemic effects (fur loss; eye opacity;
                                                   Specific information on the studies                          exposure level—generally referred to as                             liver; pancreas; kidney; thyroid and
                                                received and the nature of the adverse                          a population-adjusted dose (PAD) or a                               cerebellar effects) noted in the chronic
                                                effects caused by tolpyralate as well as                        reference dose (RfD)—and a safe margin                              oral toxicity study in rats, with a
                                                the NOAELs and the LOAELs from the                              of exposure (MOE). For non-threshold                                NOAEL of 0.93 mg/kg bw/day and a
                                                toxicity studies can be found at http://                        risks, the Agency assumes that any                                  LOAEL of 97/126 (male/female) mg/kg
                                                www.regulations.gov in document titled                          amount of exposure will lead to some                                bw/day. A summary of the toxicological
                                                ‘‘Tolpyralate—New Active Ingredient                             degree of risk. Thus, the Agency                                    endpoints for tolpyralate used for
                                                Human Health Risk Assessment for                                estimates risk in terms of the probability                          human risk assessment is shown in
                                                Proposed Uses on Sweet Corn, Field                              of an occurrence of the adverse effect                              Table 1 of this unit.

                                                   TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR TOLPYRALATE FOR USE IN HUMAN HEALTH RISK
                                                                                             ASSESSMENT
                                                                                       Point of departure and                   RfD, PAD, LOC for
                                                       Exposure/scenario               uncertainty/safety fac-                                                                       Study and toxicological effects
                                                                                                                                 risk assessment
                                                                                                 tors

                                                Acute dietary (General popu-           ....................................   ....................................   An appropriate endpoint was not identified for this exposure
                                                  lation including infants and                                                                                         scenario. An adverse effect resulting from a single oral ex-
                                                  children).                                                                                                           posure was not identified for the general population.
                                                Acute dietary (Females 13–49           NOAEL = 5 mg/kg/day                    Acute RfD = 0.05 mg/                   Developmental toxicity study in the rabbit (gavage; range-
                                                  years of age).                       UFA = 10x                                kg/day.                                finding and main studies considered together).
                                                                                       UFH = 10x                              aPAD = 0.05 mg/kg/                     Developmental LOAEL = 50 mg/kg/day based an increased
                                                                                       FQPA SF = 1x                             day                                    incidence of skeletal abnormalities (range-finding study).
                                                Chronic dietary (All popu-             NOAEL= 0.925 mg/kg/                    Chronic RfD = 0.0093                   Chronic oral toxicity in the rat (dietary).
                                                  lations including infants and         day.                                    mg/kg/day.                           LOAEL = 97/126 mg/kg/day based on fur loss, eye opacity/
                                                  children and females 13–49           UFA = 10x                              cPAD = 0.0093 mg/kg/                     neovascularization/keratitis, increased relative liver weight,
                                                  years of age).                       UFH = 10x                                day                                    thyroid    follicular    cell    hypertrophy,   hepatocellular
                                                                                       FQPA SF = 1x                                                                    centrilobular fatty change, increased pancreatic acinar cell
                                                                                                                                                                       necrosis, renal tubule basophilic change, increased molec-
                                                                                                                                                                       ular layer vacuolation in the cerebellum (males).

                                                Cancer (Oral, dermal, inhala-          Classification: Suggestive evidence of carcinogenic potential in humans, based on squamous cell carcinoma of
                                                  tion).                                                    the eye in male rats. The chronic RfD is protective 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. UF = uncertainty factor. UFH = potential variation in sensitivity among members of the human population
                                                (intraspecies). DAF = dermal absorption factor.
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                                                C. Exposure Assessment                                          exposures from tolpyralate in food as                               occurring as a result of a 1-day or single
                                                                                                                follows:                                                            exposure.
                                                  1. Dietary exposure from food and                                i. Acute exposure. Quantitative acute                              Such effects were identified for
                                                feed uses. In evaluating dietary                                dietary exposure and risk assessments                               tolpyralate. In estimating acute dietary
                                                exposure to tolpyralate, EPA considered                         are performed for a food-use pesticide,                             exposure, EPA used food consumption
                                                exposure under the petitioned-for                               if a toxicological study has indicated the                          information from the United States
                                                tolerances. EPA assessed dietary                                possibility of an effect of concern                                 Department of Agriculture (USDA)


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                                                34880              Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations

                                                under the Continuing Survey of Food                         For acute dietary risk assessment, the             excellent safety record in infants,
                                                Intake by Individuals (CSFII) and the                    water concentration value of 11.53 ppb                children, and adults and that serious
                                                CDC under the National Health and                        was used to assess the contribution to                adverse health outcomes have not been
                                                Nutrition Examination Survey/What We                     drinking water.                                       observed in a population followed for
                                                Eat in America (NHANES/WEIA) 2003–                          For chronic dietary risk assessment,               approximately a decade. Rarely, ocular
                                                2008. EPA assumed tolerance-level                        the water concentration of value 10.18                effects are seen in patients with high
                                                residues for all commodities and 100%                    ppb was used to assess the contribution               plasma tyrosine levels; however, these
                                                crop treated. There is no expectation of                 to drinking water.                                    effects are transient and can be readily
                                                finite residues in either livestock                         3. From non-dietary exposure. The                  reversed upon adherence to a restricted
                                                commodities or rotational crops;                         term ‘‘residential exposure’’ is used in              protein diet. This observation indicates
                                                therefore, no residues have been entered                 this document to refer to non-                        that an HPPD inhibitor in and of itself
                                                for these commodities.                                   occupational, non-dietary exposure                    cannot easily overwhelm the tyrosine-
                                                   ii. Chronic exposure. In conducting                   (e.g., for lawn and garden pest control,              clearance mechanism in humans.
                                                the chronic dietary exposure assessment                  indoor pest control, termiticides, and                   Based on the available information
                                                EPA used the food consumption data                       flea and tick control on pets).                       about the potential mechanism of
                                                from the USDA NHANES/WEIA 2003–                             Tolpyralate is not registered for any              toxicity and the variability of effects
                                                2008. EPA assumed tolerance-level                        specific use patterns that would result               between species, EPA has not assumed,
                                                residues for all commodities and 100%                    in residential exposure.                              for purposes of this tolerance action,
                                                crop treated.                                               4. Cumulative effects from substances              that tolpyralate has a common
                                                   iii. Cancer. The Agency has                           with a common mechanism of toxicity.                  mechanism of toxicity with other
                                                determined that quantification of risk                   Section 408(b)(2)(D)(v) of FFDCA                      substances.
                                                using a non-linear approach (i.e., RfD),                 requires that, when considering whether
                                                for tolpyralate will adequately account                  to establish, modify, or revoke a                     D. Safety Factor for Infants and
                                                for all chronic toxicity, including                      tolerance, the Agency consider                        Children
                                                carcinogenicity, that could result from                  ‘‘available information’’ concerning the                1. In general. Section 408(b)(2)(C) of
                                                exposure to tolpyralate. As a result, the                cumulative effects of a particular                    FFDCA provides that EPA shall apply
                                                chronic dietary exposure assessment is                   pesticide’s residues and ‘‘other                      an additional tenfold (10X) margin of
                                                protective for potential cancer risk, and                substances that have a common                         safety for infants and children in the
                                                a separate cancer exposure assessment                    mechanism of toxicity.’’                              case of threshold effects to account for
                                                was not conducted.                                          Although tolpyralate belongs to the                prenatal and postnatal toxicity and the
                                                   iv. Anticipated residue and percent                   class of chemicals whose mechanism of                 completeness of the database on toxicity
                                                crop treated (PCT) information. EPA did                  toxicity is the inhibition of HPPD, EPA               and exposure unless EPA determines
                                                not use anticipated residue and/or PCT                   has not made a common mechanism of                    based on reliable data that a different
                                                information in the dietary assessment                    toxicity finding as to tolpyralate and                margin of safety will be safe for infants
                                                for tolpyralate. Tolerance level residues                other HPPD-inhibiting substances.                     and children. This additional margin of
                                                and/or 100% CT were assumed for all                      There are marked differences among                    safety is commonly referred to as the
                                                food commodities.                                        species in the ocular toxicity and other              FQPA Safety Factor (SF). In applying
                                                   2. Dietary exposure from drinking                     effects typically associated with                     this provision, EPA either retains the
                                                water.                                                   tolpyralate and other substances that the             default value of 10X, or uses a different
                                                   The Agency used screening level                       inhibit HPPD. Ocular effects following                additional safety factor when reliable
                                                water exposure models in the dietary                     treatment with HPPD-inhibitor                         data available to EPA support the choice
                                                exposure analysis and risk assessment                    herbicides are seen in the rat but not in             of a different factor.
                                                for tolpyralate in drinking water. These                 the mouse. Monkeys also seem to be                      2. Prenatal and postnatal sensitivity.
                                                simulation models take into account                      recalcitrant to the ocular toxicity                   Quantitative and qualitative evidence of
                                                data on the physical, chemical, and fate/                induced by HPPD inhibition. One                       increased susceptibility, as compared to
                                                transport characteristics of tolpyralate.                explanation for this species-specific                 adults, of fetuses to in utero exposure to
                                                Further information regarding EPA                        response in ocular opacity may be                     tolpyralate was observed in
                                                drinking water models used in pesticide                  related to species differences in the                 developmental toxicity studies in rats
                                                exposure assessment can be found at                      clearance of tyrosine. A metabolic                    and rabbits. Concern for this evidence is
                                                http://www2.epa.gov/pesticide-science-                   pathway that involves the liver enzyme                low because (1) clear NOAELs/LOAELs
                                                and-assessing-pesticide-risks/about-                     tyrosine aminotransferase (TAT) exists                were identified for the observed effects;
                                                water-exposure-models-used-pesticide.                    to remove tyrosine from the blood. In                 (2) the relevant developmental effects
                                                   The groundwater value was generated                   contrast to rats where ocular toxicity is             were observed at LOAELs that were well
                                                using the Pesticide Root Zone Model for                  observed following exposure to HPPD-                  above (10-fold greater) the NOAELs; and
                                                Groundwater (PRZM–GW) Model, and                         inhibiting herbicides, mice and humans                (3) the selected endpoints are protective
                                                the surface water values were generated                  are unlikely to achieve the levels of                 of these effects.
                                                using the Pesticide Root Zone Model                      plasma tyrosine necessary to produce                    3. Conclusion. EPA has determined
                                                (PRZM5) and the Variable Volume                          ocular opacities because the activity of              that reliable data show the safety of
                                                Water Model (VVWM). The EDWCs of                         TAT in these species is much greater                  infants and children would be
                                                tolpyralate for acute exposures are                      compared to rats.                                     adequately protected if the FQPA SF
                                                estimated to be 6.75 parts per billion                      HPPD inhibitors (e.g., nitisinone) are             were reduced to 1x. That decision is
                                                (ppb) for surface water and 11.53 ppb                    used as an effective therapeutic agent to             based on the following findings:
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                                                for ground water. For chronic exposures                  treat patients suffering from rare genetic              i. The database for tolpyralate is
                                                assessments are estimated to be 0.65                     diseases of tyrosine catabolism.                      considered complete with respect to
                                                ppb for surface water and 10.18 ppb for                  Treatment starts in childhood but is                  FQPA assessment.
                                                ground water. Modeled estimates of                       often sustained throughout patient’s                    ii. There is no concern for
                                                drinking water concentrations were                       lifetime. The human experience                        neurotoxicity from single or subchronic
                                                directly entered into the dietary                        indicates that a therapeutic dose (1 mg/              exposures. Although neuropathology
                                                exposure model.                                          kg/day dose) of nitisinone has an                     was observed at the LOAELs in the rat


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                                                                   Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations                                        34881

                                                and the mouse long-term studies, the                     relevant for assessing acute exposure to              parent tolpyralate and the metabolite
                                                chronic LOAELs were almost 100-fold                      tolpyralate.                                          MT–2153 concurrently. It has been
                                                greater than the chronic NOAELs. The                        2. Chronic risk. Using the exposure                developed and independently validated,
                                                POD and endpoint for chronic dietary                     assumptions described in this unit for                and is available to enforce the tolerance
                                                exposure are selected from the rat                       chronic exposure, EPA has concluded                   expression. For all matrices and
                                                chronic study. Therefore, the chronic                    that chronic exposure to tolpyralate                  analytes, the level of quantification
                                                PAD (cPAD) is protective of potential                    from food and water will utilize 6.2% of              (LOQ), defined as the lowest level of
                                                neuropathology. It is also protective of                 the cPAD for all infants (<1 year-old),               method validation (LLMV) or lowest
                                                increased susceptibility of offspring for                the population group receiving the                    spiking level where acceptable precision
                                                neurotoxicity in the absence of a                        greatest exposure. There are no                       and accuracy data were obtained, was
                                                developmental neurotoxicity study,                       residential uses for tolpyralate.                     determined to be 0.01 ppm. The limit of
                                                since neurotoxicity in adult animals was                    3. Short-term risk. A short-term                   detection (LOD) was 0.004 ppm.
                                                only observed as an effect following                     adverse effect was identified; however,                  The method may be requested from:
                                                long-term dosing. There was no                           tolpyralate is not registered for any use             Chief, Analytical Chemistry Branch,
                                                neurotoxicity observed in the database                   patterns that would result in short-term              Environmental Science Center, 701
                                                with exposure up to 90 days, including                   residential exposure. Short-term risk is              Mapes Rd., Ft. Meade, MD 20755–5350;
                                                no evidence of neurotoxicity in the rat                  assessed based on short-term residential              telephone number: (410) 305–2905;
                                                or rabbit developmental toxicity studies                 exposure plus chronic dietary exposure.               email address: residuemethods@
                                                or the rat reproductive toxicity study.                  Because there is no short-term                        epa.gov.
                                                An additional uncertainty factor to                      residential exposure and chronic dietary              B. International Residue Limits
                                                account for the absence of data or other                 exposure has already been assessed
                                                data deficiency (10x UFDB) is therefore                  under the appropriately protective                       In making its tolerance decisions, EPA
                                                not needed to account for this study.                    cPAD (which is at least as protective as              seeks to harmonize U.S. tolerances with
                                                   iii. Evidence of quantitative and                     the POD used to assess short-term risk),              international standards whenever
                                                qualitative prenatal susceptibility was                  no further assessment of short-term risk              possible, consistent with U.S. food
                                                observed in the rat and rabbit                           is necessary, and EPA relies on the                   safety standards and agricultural
                                                developmental toxicity studies based on                  chronic dietary risk assessment for                   practices. EPA considers the
                                                findings of fetal skeletal abnormalities at              evaluating short-term risk for                        international maximum residue limits
                                                doses below those causing maternal                       tolpyralate.                                          (MRLs) established by the Codex
                                                toxicity. However, clear NOAELs and                         4. Intermediate-term risk. An                      Alimentarius Commission (Codex), as
                                                LOAELs were identified in both species                   intermediate-term adverse effect was                  required by FFDCA section 408(b)(4).
                                                and there are no residual uncertainties                  identified; however, tolpyralate is not               The Codex Alimentarius is a joint
                                                regarding the points of departure PODs                   registered for any use patterns that                  United Nations Food and Agriculture
                                                or the endpoints of concern.                             would result in intermediate-term                     Organization/World Health
                                                   iv. There are no residual uncertainties               residential exposure. Intermediate-term               Organization food standards program,
                                                identified in the exposure databases.                    risk is assessed based on intermediate-               and it is recognized as an international
                                                The dietary food exposure assessments                    term residential exposure plus chronic                food safety standards-setting
                                                were performed based on 100% CT and                      dietary exposure. Because there is no                 organization in trade agreements to
                                                tolerance-level residues. EPA made                       intermediate-term residential exposure                which the United States is a party. EPA
                                                conservative (protective) assumptions in                 and chronic dietary exposure has                      may establish a tolerance that is
                                                the ground and surface water modeling                    already been assessed under the                       different from a Codex MRL; however,
                                                used to assess exposure to tolpyralate in                appropriately protective cPAD (which is               FFDCA section 408(b)(4) requires that
                                                drinking water. These assessments will                   at least as protective as the POD used to             EPA explain the reasons for departing
                                                not underestimate the exposure and                       assess intermediate-term risk), no                    from the Codex level. The Codex has not
                                                risks posed by tolpyralate.                              further assessment of intermediate-term               established a MRL for tolpyralate.
                                                E. Aggregate Risks and Determination of                  risk is necessary, and EPA relies on the              V. Conclusion
                                                Safety                                                   chronic dietary risk assessment for
                                                                                                                                                                 Therefore, tolerances are established
                                                  EPA determines whether acute and                       evaluating intermediate-term risk for
                                                                                                                                                               for residues of the herbicide tolpyralate
                                                chronic dietary pesticide exposures are                  tolpyralate.
                                                                                                                                                               in or on field corn (corn, field, grain;
                                                safe by comparing aggregate exposure                        5. Aggregate cancer risk for U.S.
                                                                                                                                                               corn, field, forage; and corn, field,
                                                estimates to the acute PAD (aPAD) and                    population. Based on the discussion in
                                                                                                                                                               stover), sweet corn (corn, sweet, kernel
                                                cPAD. For linear cancer risks, EPA                       Unit III.A., the chronic dietary exposure
                                                                                                                                                               + cob with husks removed; corn, sweet,
                                                calculates the lifetime probability of                   assessment is protective for potential
                                                                                                                                                               forage; and corn, sweet, stover), and
                                                acquiring cancer given the estimated                     cancer risk.
                                                                                                            6. Determination of safety. Based on               popcorn (corn, pop, grain and corn, pop,
                                                aggregate exposure. Short-,                                                                                    stover) at 0.01 ppm.
                                                                                                         these risk assessments, EPA concludes
                                                intermediate-, and chronic-term risks
                                                                                                         that there is a reasonable certainty that             VI. Statutory and Executive Order
                                                are evaluated by comparing the
                                                                                                         no harm will result to the general                    Reviews
                                                estimated aggregate food, water, and
                                                                                                         population, or to infants and children                  This action establishes tolerances
                                                residential exposure to the appropriate
                                                                                                         from aggregate exposure to tolpyralate                under FFDCA section 408(d) in
                                                PODs to ensure that an adequate MOE
                                                                                                         residues.                                             response to a petition submitted to the
                                                exists.
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                                                  1. Acute risk. Using the exposure                      IV. Other Considerations                              Agency. The Office of Management and
                                                assumptions discussed in this unit for                                                                         Budget (OMB) has exempted these types
                                                acute exposure, the acute dietary                        A. Analytical Enforcement Methodology                 of actions from review under Executive
                                                exposure from food and water to                             Adequate enforcement methodology                   Order 12866, entitled ‘‘Regulatory
                                                tolpyralate will occupy 1.3% of the                      (ISK Biosciences Method JSM0433) for                  Planning and Review’’ (58 FR 51735,
                                                aPAD for females of child-bearing age                    plant commodities is a LC–MS/MS                       October 4, 1993). Because this action
                                                (13–49 years old), the only population                   method that can be used to analyze for                has been exempted from review under


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                                                34882              Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations

                                                Executive Order 12866, this action is                    to this action. In addition, this action               tolerance levels specified below is to be
                                                not subject to Executive Order 13211,                    does not impose any enforceable duty or                determined by measuring only
                                                entitled ‘‘Actions Concerning                            contain any unfunded mandate as                        tolpyralate, 1-[[1-ethyl-4-[3-(2-
                                                Regulations That Significantly Affect                    described under Title II of the Unfunded               methoxyethoxy)-2-methyl-4-
                                                Energy Supply, Distribution, or Use’’ (66                Mandates Reform Act (UMRA) (2 U.S.C.                   (methylsulfonyl)benzoyl]-1H-pyrazol-5-
                                                FR 28355, May 22, 2001) or Executive                     1501 et seq.).                                         yl]oxy]ethyl methyl carbonate, in or on
                                                Order 13045, entitled ‘‘Protection of                      This action does not involve any                     the commodity.
                                                Children from Environmental Health                       technical standards that would require
                                                Risks and Safety Risks’’ (62 FR 19885,                   Agency consideration of voluntary                                    Commodity                        Parts per
                                                April 23, 1997). This action does not                    consensus standards pursuant to section                                                                million
                                                contain any information collections                      12(d) of the National Technology
                                                                                                         Transfer and Advancement Act                           Corn, field, forage .......................         0.01
                                                subject to OMB approval under the                                                                               Corn, field, grain .........................        0.01
                                                Paperwork Reduction Act (PRA) (44                        (NTTAA) (15 U.S.C. 272 note).                          Corn, field, stover .......................         0.01
                                                U.S.C. 3501 et seq.), nor does it require                VII. Congressional Review Act                          Corn, pop, grain ..........................         0.01
                                                any special considerations under                                                                                Corn, pop, stover ........................          0.01
                                                Executive Order 12898, entitled                            Pursuant to the Congressional Review                 Corn, sweet, forage ....................            0.01
                                                ‘‘Federal Actions to Address                             Act (5 U.S.C. 801 et seq.), EPA will                   Corn, sweet, kernel plus cob
                                                Environmental Justice in Minority                        submit a report containing this rule and                 with husks removed ................               0.01
                                                Populations and Low-Income                               other required information to the U.S.                 Corn, sweet, stover ....................            0.01
                                                Populations’’ (59 FR 7629, February 16,                  Senate, the U.S. House of
                                                1994).                                                   Representatives, and the Comptroller                     (b) Section 18 emergency exemptions.
                                                   Since tolerances and exemptions that                  General of the United States prior to                  [Reserved]
                                                are established on the basis of a petition               publication of the rule in the Federal                   (c) Tolerances with regional
                                                under FFDCA section 408(d), such as                      Register. This action is not a ‘‘major                 registrations. [Reserved]
                                                the tolerance in this final rule, do not                 rule’’ as defined by 5 U.S.C. 804(2).                    (d) Indirect or inadvertent residues.
                                                require the issuance of a proposed rule,                 List of Subjects in 40 CFR Part 180                    [Reserved]
                                                the requirements of the Regulatory                                                                              [FR Doc. 2017–15717 Filed 7–26–17; 8:45 am]
                                                                                                           Environmental protection,
                                                Flexibility Act (RFA) (5 U.S.C. 601 et                                                                          BILLING CODE 6560–50–P
                                                                                                         Administrative practice and procedure,
                                                seq.), do not apply.
                                                                                                         Agricultural commodities, Pesticides
                                                   This action directly regulates growers,
                                                                                                         and pests, Reporting and recordkeeping
                                                food processors, food handlers, and food
                                                                                                         requirements.                                          DEPARTMENT OF HOMELAND
                                                retailers, not States or tribes, nor does
                                                this action alter the relationships or                     Dated: July 11, 2017.                                SECURITY
                                                distribution of power and                                Richard P. Keigwin, Jr.,
                                                                                                                                                                Coast Guard
                                                responsibilities established by Congress                 Director, Office of Pesticide Programs.
                                                in the preemption provisions of FFDCA                      Therefore, 40 CFR chapter I is                       46 CFR Part 91
                                                section 408(n)(4). As such, the Agency                   amended as follows:
                                                has determined that this action will not                                                                        Inspection and Certification
                                                have a substantial direct effect on States               PART 180—[AMENDED]
                                                or tribal governments, on the                                                                                   CFR Correction
                                                relationship between the national                        ■ 1. The authority citation for part 180
                                                                                                         continues to read as follows:                          ■ In Title 46 of the Code of Federal
                                                government and the States or tribal
                                                                                                                                                                Regulations, parts 90 to 139, revised as
                                                governments, or on the distribution of                        Authority: 21 U.S.C. 321(q), 346a and 371.        of October 1, 2016, on page 24, in
                                                power and responsibilities among the                       2. Add § 180.696 to subpart C to read
                                                                                                         ■                                                      § 91.40–3, in paragraph (a)(2), Table
                                                various levels of government or between                  as follows:                                            91.40–3(a) is removed and Table 91.40–
                                                the Federal Government and Indian
                                                                                                                                                                3(b) is reinstated to read as follows:
                                                tribes. Thus, the Agency has determined                  § 180.696 Tolpyralate; tolerances for
                                                that Executive Order 13132, entitled                     residues.                                              § 91.40–3 Drydock examination, internal
                                                ‘‘Federalism’’ (64 FR 43255, August 10,                    (a) General. Tolerances are                          structural examination, cargo tank internal
                                                1999) and Executive Order 13175,                         established for residues of tolpyralate,               examination, and underwater survey
                                                entitled ‘‘Consultation and Coordination                 including its metabolites and                          intervals.
                                                with Indian Tribal Governments’’ (65 FR                  degradates, in or on the commodities in                    (a) * * *
                                                67249, November 9, 2000) do not apply                    the table below. Compliance with the                       (2) * * *
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Document Created: 2017-07-27 02:07:31
Document Modified: 2017-07-27 02:07:31
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 July 27, 2017. Objections and requests for hearings must be received on or before September 25, 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 Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation82 FR 34877 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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