83_FR_50478 83 FR 50284 - Flumioxazin; Pesticide Tolerances

83 FR 50284 - Flumioxazin; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50284-50288
FR Document2018-21746

This regulation establishes tolerances with regional registrations for residues of flumioxazin in or on Grass, forage and Grass, hay. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50284-50288]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21746]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0333; FRL-9984-01]


Flumioxazin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances with regional 
registrations for residues of flumioxazin in or on Grass, forage and 
Grass, hay. Interregional Research Project Number 4 (IR-4) requested 
these tolerances under the Federal Food, Drug, and Cosmetic Act 
(FFDCA).

DATES: This regulation is effective October 5, 2018. Objections and 
requests for hearings must be received on or before December 4, 2018, 
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-2017-0333, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:.

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     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-2017-0333 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
December 4, 2018. 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-2017-0333, 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,

[[Page 50285]]

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 October 23, 2017 (82 FR 49020) (FRL-
9967-37), 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 
7E8565) by IR-4, Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201W, Princeton, NJ 08540. The petition 
requested that 40 CFR 180.568(c) be amended by establishing tolerances 
with regional registrations for residues of the herbicide flumioxazin, 
2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-
4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione, including its 
metabolites and degradates, determined by measuring only flumioxazin, 
in or on Grass, forage at 0.4 parts per million (ppm) and Grass, hay 
0.05 ppm. That document referenced a summary of the petition prepared 
by Valent, U.S.A. Corporation, the registrant, which is available in 
the docket, http://www.regulations.gov. This petition request is 
associated with an application to allow use of flumioxazin on grass in 
the States of Washington, Idaho, and Oregon. Although comments were 
submitted to the docket, none were relevant to the safety of the 
tolerances being established in this action.
    Consistent with the authority in FFDCA 408(d)(4)(A)(i), EPA is 
issuing a tolerance that varies from what the petitioner sought. The 
reason for this change is explained in Unit IV.C.

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 flumioxazin including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with flumioxazin 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.
    Toxicity associated with flumioxazin includes anemia and effects on 
the cardiovascular system and liver. Specifically, alterations in 
hemoglobin parameters were observed in rats, as well as increased renal 
toxicity in male rats, and increased absolute and relative liver 
weights and increased alkaline phosphate values were seen in dogs.
    No evidence of neurotoxicity was seen in male or female rats in the 
acute or subchronic neurotoxicity studies. The oral and dermal 
developmental rat studies showed evidence of increased quantitative 
susceptibility of fetuses, as cardiovascular anomalies (ventral septal 
defects) were found. These developmental effects in the offspring were 
more severe and seen at doses lower than those that caused parental and 
systemic toxicity. The regulatory endpoints for flumioxazin are 
protective of this increased susceptibility, however, so there is low 
concern and no residual uncertainties for these effects.
    Flumioxazin was negative for mutagenicity in most of the available 
studies, however, there were aberrations in a chromosomal aberration 
assay. The lack of carcinogenicity in mice and rats permits flumioxazin 
to be classified as ``not likely to be carcinogenic to humans.''
    Specific information on the studies received and the nature of the 
adverse effects caused by flumioxazin as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document titled, ``SUBJECT: Flumioxazin. Human 
Health Risk Assessment for the Proposed New Uses on Grass (Seed Crop)'' 
at page 24 in docket ID number EPA-HQ-OPP-2017-0333.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see http://www2.epa.gov/pesticide-science-andassessing-pesticide-risks/assessinghuman-health-risk-pesticides.
    A summary of the toxicological endpoints for flumioxazin used for 
human risk assessment is discussed in Unit III. B of the final rule 
published in the Federal Register of September 21, 2012 (77 FR 58493) 
(FRL-9358-3). One additional endpoint has since been identified, i.e., 
the selection of an adult oral endpoint for assessing the aggregate 
risks from short-term and intermediate-term oral exposure: An oral 
NOAEL of 3 mg/kg/day based on cardiovascular effects in fetuses seen at 
the LOAEL of 10 mg/kg/day in the rat developmental study was used, 
along with a 10X interspecies uncertainty factor, a 10X intraspecies 
uncertainty factor, and a 1X FQPA safety factor. Long-term exposures 
(greater than 6 months) are not expected based on the existing 
flumioxazin use pattern.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary

[[Page 50286]]

exposure to flumioxazin, EPA considered exposure under the petitioned-
for tolerances as well as all existing flumioxazin tolerances in 40 CFR 
180.568. EPA assessed dietary exposures from flumioxazin 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 flumioxazin for females 13-49. In 
estimating acute dietary exposure, EPA used food consumption 
information from the Dietary Exposure Evaluation Model software with 
the Food Commodity Intake Database (DEEM-FCID) Version 3.16. This 
software uses 2003-2008 food consumption data from the United States 
Department of Agriculture (USDA) National Health and Nutrition 
Examination Survey, What We Eat in America (NHANES/WWEIA; 2003-2008). 
As to residue levels in food, EPA assumed tolerance-level residues, 
100% crop treated (PCT) for all commodities and DEEM-FCID version 3.16.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the DEEM-FCID Version 3.16 software which 
incorporates 2003-2008 food consumption data from USDA's NHANES/WWEIA. 
As to residue levels in food, EPA incorporated tolerance-level residues 
and/or 100 PCT for all commodities.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that flumioxazin does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (PCT) information. 
EPA did not use anticipated residue and/or PCT information in the 
dietary assessment for flumioxazin. Tolerance-level residues and/or 100 
PCT 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 flumioxazin in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of flumioxazin. The estimated drinking water 
concentrations (EDWCs) are based on hydrolysis and the residues of 
concern for flumioxazin and its major degradates (482-HA, and APF), 
expressed as flumioxazin equivalents. 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.
    Based on the First Index Reservoir Screening Tool (FIRST) model, 
the EDWCs in surface water for acute exposures are 400 parts per 
billion (ppb) for flumioxazin and for chronic exposures are estimated 
to be 9.4 ppb, 21.6 ppb, and 110.1 ppb for flumioxazin, 482-HA and APF 
degradates, respectively, for a total concentration of 141 ppb. Based 
on the Screening Concentration in Ground Water (SCI-GROW) model, for 
both acute and chronic (non-cancer) exposures, the EDWCs of 482-HA and 
APF are estimated to be 45.27 ppb and 2.66 ppb, respectively, for 
ground water. EDWCs of flumioxazin are estimated to be negligible in 
ground water for chronic exposures. Estimates of drinking water 
concentrations were directly entered into the dietary exposure model as 
follows. The peak day zero of 400 ppb for flumioxazin (degradates 482-
HA and APF were not detected) was used to assess the contribution to 
drinking water for the acute dietary risk assessment, and the day 30 
total of 141 ppb for flumioxazin, 482-HA and APF degradates was used to 
assess the contribution to drinking water for the chronic dietary risk 
assessment.
    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).
    Flumioxazin is currently registered for the following uses that 
could result in residential exposures: Turf grass, residential lawns, 
ornamentals, and aquatic weeds. EPA assessed residential exposure under 
the assumption that homeowner handlers wear shorts, short-sleeved 
shirts, socks, and shoes, and that they complete all tasks associated 
with the use of a pesticide product including mixing/loading, if 
needed, as well as the application. Residential handler exposure 
scenarios for both dermal and inhalation are considered to be short-
term only, due to the infrequent use patterns associated with homeowner 
products.
    EPA uses the term ``post-application'' to describe exposure to 
individuals that occur as a result of being in an environment that has 
been previously treated with a pesticide. Flumioxazin can be used in 
many areas that can be frequented by the general population including 
residential areas, lakes, and ponds. As a result, individuals can be 
exposed by entering these areas if they have been previously treated. 
Therefore, short-term and intermediate-term dermal and oral post-
application exposures and risks were assessed for adults and children. 
In addition, oral post-application exposures and risks were assessed 
specifically for children to be protective of possible hand-to-mouth, 
object-to-mouth, and soil ingestion activities that may occur on 
treated turf areas. Further information regarding EPA standard 
assumptions and generic inputs for residential exposures may be found 
at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA has not found flumioxazin to share a common mechanism of 
toxicity with any other substances, and flumioxazin does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
flumioxazin does not have a common mechanism of toxicity with other 
substances. For information regarding EPA's efforts to determine which 
chemicals have a common mechanism of toxicity and to evaluate the 
cumulative effects of such chemicals, see EPA's website at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

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

[[Page 50287]]

data available to EPA support the choice of a different factor.
    2. Prenatal and postnatal sensitivity. There is evidence of 
increased quantitative susceptibility of fetuses in the oral and dermal 
developmental rat studies, where cardiovascular abnormalities occurred 
in the absence of maternal toxicity. The rat reproduction study also 
showed evidence of qualitative and quantitative post-natal 
susceptibility since reproductive effects in offspring were more severe 
and were seen at lower doses than those that caused parental/systemic 
toxicity. Even with this observed increased susceptibility, the Agency 
has concluded there is a low concern and no residual uncertainties for 
pre- and/or postnatal toxicity because the developmental toxicity 
NOAELs/LOAELs are well-characterized after oral and dermal exposure, 
and the offspring toxicity NOAEL and LOAEL are well characterized in 
the reproduction study. Furthermore, the doses and endpoints have been 
selected from the developmental and reproductive toxicity studies for 
risk assessment of the relevant exposed populations (e.g., pregnant 
females and children), with the exception of the chronic dietary 
endpoint, for which a chronic study was selected. Therefore, regulatory 
endpoints for flumioxazin are protective of the increased 
susceptibility and there are no residual concerns for 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 for oral and dermal exposures, but retained 
the 10X FQPA database uncertainty factor (UF) for inhalation exposure 
and risk assessment due to the lack of an inhalation study. That 
decision is based on the following findings:
    i. The toxicity database for flumioxazin is incomplete but 
sufficient for assessing the toxicity and characterizing the hazard of 
flumioxazin due to the absence of an acceptable inhalation study. 
Therefore, the Agency is retaining the 10X FQPA safety factor for 
assessing inhalation risk.
    ii. There is no indication that flumioxazin is a neurotoxic 
chemical and there is no need for a developmental neurotoxicity study 
or additional UFs to account for neurotoxicity.
    iii. There is evidence that flumioxazin may result in increased 
susceptibility in in utero rats or rabbits in the prenatal 
developmental studies or in young rats in the 2-generation reproduction 
study. The Agency concluded that while there is an increased 
susceptibility, there is a low concern and no residual uncertainties 
for pre-and/or postnatal toxicity because the developmental toxicity 
NOAELs/LOAELs are well characterized after oral and dermal exposure; 
the offspring toxicity NOAEL and LOAEL are well characterized in the 
reproduction study; and the doses and endpoints have been selected from 
the developmental and reproductive toxicity studies for the relevant 
populations, except for the chronic dietary endpoint, for which a 
chronic study was chosen. Therefore, the regulatory endpoints for 
flumioxazin are protective of the increased susceptibility seen in the 
developmental and reproduction studies, and there are no residual 
concerns for these effects.
    iv. There are no residual uncertainties identified in the exposure 
databases. The acute and chronic dietary food exposure assessments were 
performed based on tolerance-level residues, default processing 
factors, and assuming 100 PCT. EPA made conservative (protective) 
assumptions in the ground and surface water modeling used to assess 
exposure to flumioxazin in drinking water. EPA used similarly 
conservative assumptions to assess post-application exposure of 
children as well as incidental oral exposure of toddlers. These 
assessments will not underestimate the exposure and risks posed by 
flumioxazin.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food and water 
to flumioxazin will occupy 76% of the aPAD for females 13-49 years old, 
the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
flumioxazin from food and water will utilize 44% of the cPAD for all 
infants <1 year old, the population group receiving the greatest 
exposure. Based on the explanation in Unit III.C.3., regarding 
residential use patterns, chronic residential exposure to residues of 
flumioxazin is not expected.
    3. Short-term and intermediate-term risks. Short-term and 
intermediate-term aggregate exposure takes into account short-term and 
intermediate-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level). Flumioxazin 
is currently registered for uses that could result in short-term and 
intermediate residential exposures, and the Agency has determined that 
it is appropriate to aggregate chronic exposure through food and water 
with short-term and intermediate-term residential exposures to 
flumioxazin. Since the Agency has determined that the short-term and 
intermediate-term points of departure are the same, the aggregate risks 
are the same for both short-term and intermediate-term exposures.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term and 
intermediate-term food, water, and residential exposures result in 
aggregate MOEs of 110 for adult females 13-49 years and MOE of 200 for 
children less than 2 years. Because EPA's level of concern for 
flumioxazin is a MOE of 100 or below, these MOEs are not of concern.
    4. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, flumioxazin is not expected to pose a cancer risk to humans.
    5. 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 flumioxazin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography/nitrogen-
phosphorus detection (GC/NPD) method, Valent Method RM30-A-1), is 
available to enforce the tolerance expression. The reported method 
limits of quantitation and detection (LOQ and LOD) for flumioxazin in/
on plant commodities are 0.02 and 0.01 ppm, respectively.
    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;

[[Page 50288]]

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 flumioxazin in/on grass, 
therefore there are no international harmonization issues.

C. Revisions to Petitioned-For Tolerances

    EPA is establishing a tolerance for Grass, forage at 0.40 ppm, 
rather than 0.4 ppm, to be consistent with its practice to provide 
greater precision about the levels of residues that are permitted by a 
tolerance. This is intended to avoid the situation where residues may 
be higher than the tolerance level, but as a result of rounding would 
be considered non-violative. For example, Grass, forage tolerance 
proposed at 0.4 ppm was established at 0.40 ppm, to avoid an observed 
hypothetical tolerance at 0.44 ppm being rounded to 0.4 ppm.

V. Conclusion

    Therefore, tolerances with regional registrations are established 
for residues of flumioxazin, 2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-
propynyl)-2H-1,4-benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-isoindole-
1,3(2H)-dione, including its metabolites and degradates determined by 
measuring only flumioxazin, in or on raw agricultural commodities, in 
or on Grass, forage at 0.40 ppm and Grass, hay at 0.05 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 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); or Executive Order 13771, 
entitled ``Reducing Regulations and Controlling Regulatory Costs'' (82 
FR 9339, February 3, 2017). 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: September 21, 2018.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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


0
2. In Sec.  180.568, add alphabetically the commodities ``Grass, 
forage'' and ``Grass, hay'' to the table in paragraph (c) to read as 
follows:


Sec.  180.568  Flumioxazin; tolerances for residues.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
Grass, forage...............................................        0.40
Grass, hay..................................................        0.05
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-21746 Filed 10-4-18; 8:45 am]
BILLING CODE 6560-50-P



                                             50284                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                                        LANE COUNTY REGIONAL AIR POLLUTION AUTHORITY REGULATIONS, APPROVED BUT NOT INCORPORATED BY
                                                                                           REFERENCE—Continued
                                                                                                                                                                                     State
                                              LRAPA citation                                                      Title/subject                                                     effective       EPA approval date          Explanation
                                                                                                                                                                                      date

                                             15–065 ...............   Appeals ...................................................................................................   6/13/1995   8/3/2001, 66 FR 40616 ......

                                                                                                                                              Title 31—Public Participation

                                             31–0070 .............    Hearing Procedures ...............................................................................            3/23/2018   10/5/2018, [Insert Federal
                                                                                                                                                                                                  Register citation].



                                             *     *    *     *     *                                                        or at the Office of Pesticide Programs                                  idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                             ■ 3. Section 52.1987 is amended by                                              Regulatory Public Docket (OPP Docket)                                   40tab_02.tpl.
                                             revising paragraph (b) to read as follows:                                      in the Environmental Protection Agency
                                                                                                                                                                                                     C. How can I file an objection or hearing
                                                                                                                             Docket Center (EPA/DC), West William
                                             § 52.1987       Significant deterioration of air                                                                                                        request?
                                                                                                                             Jefferson Clinton Bldg., Rm. 3334, 1301
                                             quality.                                                                        Constitution Ave. NW, Washington, DC                                      Under FFDCA section 408(g), 21
                                             *     *      *     *     *                                                      20460–0001. The Public Reading Room                                     U.S.C. 346a, any person may file an
                                               (b) The Lane Regional Air Protection                                          is open from 8:30 a.m. to 4:30 p.m.,                                    objection to any aspect of this regulation
                                             Agency rules for the prevention of                                              Monday through Friday, excluding legal                                  and may also request a hearing on those
                                             significant deterioration of air quality                                        holidays. The telephone number for the                                  objections. You must file your objection
                                             (provisions of LRAPA Titles 12, 29, 31,                                         Public Reading Room is (202) 566–1744,                                  or request a hearing on this regulation
                                             37, 38 (except 0510(3) inter-pollutant                                          and the telephone number for the OPP                                    in accordance with the instructions
                                             offset ratios), 40, 42, and 50) as in effect                                    Docket is (703) 305–5805. Please review                                 provided in 40 CFR part 178. To ensure
                                             March 23, 2018, are approved as                                                 the visitor instructions and additional                                 proper receipt by EPA, you must
                                             meeting the requirements of title I, part                                       information about the docket available                                  identify docket ID number EPA–HQ–
                                             C, subpart I of the Clean Air Act for                                           at http://www.epa.gov/dockets.                                          OPP–2017–0333 in the subject line on
                                             preventing significant deterioration of                                                                                                                 the first page of your submission. All
                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                             air quality.                                                                                                                                            objections and requests for a hearing
                                                                                                                             Michael L. Goodis, Registration Division                                must be in writing, and must be
                                             *     *      *     *     *                                                      (7505P), Office of Pesticide Programs,
                                             [FR Doc. 2018–21558 Filed 10–4–18; 8:45 am]
                                                                                                                                                                                                     received by the Hearing Clerk on or
                                                                                                                             Environmental Protection Agency, 1200                                   before December 4, 2018. Addresses for
                                             BILLING CODE 6560–50–P                                                          Pennsylvania Ave. NW, Washington, DC                                    mail and hand delivery of objections
                                                                                                                             20460–0001; main telephone number:                                      and hearing requests are provided in 40
                                                                                                                             (703) 305–7090; email address:                                          CFR 178.25(b).
                                             ENVIRONMENTAL PROTECTION                                                        RDFRNotices@epa.gov.
                                             AGENCY                                                                                                                                                    In addition to filing an objection or
                                                                                                                             SUPPLEMENTARY INFORMATION:.                                             hearing request with the Hearing Clerk
                                             40 CFR Part 180                                                                                                                                         as described in 40 CFR part 178, please
                                                                                                                             I. General Information
                                                                                                                                                                                                     submit a copy of the filing (excluding
                                             [EPA–HQ–OPP–2017–0333; FRL–9984–01]                                             A. Does this action apply to me?                                        any Confidential Business Information
                                                                                                                                                                                                     (CBI)) for inclusion in the public docket.
                                             Flumioxazin; Pesticide Tolerances                                                  You may be potentially affected by
                                                                                                                                                                                                     Information not marked confidential
                                                                                                                             this action if you are an agricultural
                                             AGENCY:  Environmental Protection                                                                                                                       pursuant to 40 CFR part 2 may be
                                                                                                                             producer, food manufacturer, or
                                             Agency (EPA).                                                                                                                                           disclosed publicly by EPA without prior
                                                                                                                             pesticide manufacturer. The following
                                             ACTION: Final rule.                                                                                                                                     notice. Submit the non-CBI copy of your
                                                                                                                             list of North American Industrial
                                                                                                                                                                                                     objection or hearing request, identified
                                                                                                                             Classification System (NAICS) codes is
                                             SUMMARY:  This regulation establishes                                                                                                                   by docket ID number EPA–HQ–OPP–
                                                                                                                             not intended to be exhaustive, but rather
                                             tolerances with regional registrations for                                                                                                              2017–0333, by one of the following
                                                                                                                             provides a guide to help readers
                                             residues of flumioxazin in or on Grass,                                                                                                                 methods:
                                                                                                                             determine whether this document
                                             forage and Grass, hay. Interregional                                                                                                                      • Federal eRulemaking Portal: http://
                                                                                                                             applies to them. Potentially affected
                                             Research Project Number 4 (IR–4)                                                                                                                        www.regulations.gov. Follow the online
                                                                                                                             entities may include:
                                             requested these tolerances under the                                                                                                                    instructions for submitting comments.
                                                                                                                                • Crop production (NAICS code 111).                                  Do not submit electronically any
                                             Federal Food, Drug, and Cosmetic Act
                                                                                                                                • Animal production (NAICS code                                      information you consider to be CBI or
                                             (FFDCA).
                                                                                                                             112).                                                                   other information whose disclosure is
                                             DATES:  This regulation is effective                                               • Food manufacturing (NAICS code                                     restricted by statute.
                                             October 5, 2018. Objections and                                                 311).                                                                     • Mail: OPP Docket, Environmental
                                             requests for hearings must be received                                             • Pesticide manufacturing (NAICS                                     Protection Agency Docket Center (EPA/
                                             on or before December 4, 2018, and                                              code 32532).                                                            DC), (28221T), 1200 Pennsylvania Ave.
                                             must be filed in accordance with the                                                                                                                    NW, Washington, DC 20460–0001.
                                             instructions provided in 40 CFR part                                            B. How can I get electronic access to
                                                                                                                                                                                                       • Hand Delivery: To make special
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                                             178 (see also Unit I.C. of the                                                  other related information?
                                                                                                                                                                                                     arrangements for hand delivery or
                                             SUPPLEMENTARY INFORMATION).                                                        You may access a frequently updated                                  delivery of boxed information, please
                                             ADDRESSES: The docket for this action,                                          electronic version of EPA’s tolerance                                   follow the instructions at http://
                                             identified by docket identification (ID)                                        regulations at 40 CFR part 180 through                                  www.epa.gov/dockets/contacts.html.
                                             number EPA–HQ–OPP–2017–0333, is                                                 the Government Printing Office’s e-CFR                                    Additional instructions on
                                             available at http://www.regulations.gov                                         site at http://www.ecfr.gov/cgi-bin/text-                               commenting or visiting the docket,


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                                                                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations                                         50285

                                             along with more information about                       result to infants and children from                   ‘‘SUBJECT: Flumioxazin. Human Health
                                             dockets generally, is available at http://              aggregate exposure to the pesticide                   Risk Assessment for the Proposed New
                                             www.epa.gov/dockets.                                    chemical residue. . . .’’                             Uses on Grass (Seed Crop)’’ at page 24
                                                                                                       Consistent with FFDCA section                       in docket ID number EPA–HQ–OPP–
                                             II. Summary of Petitioned-For                           408(b)(2)(D), and the factors specified in            2017–0333.
                                             Tolerance                                               FFDCA section 408(b)(2)(D), EPA has
                                                In the Federal Register of October 23,               reviewed the available scientific data                B. Toxicological Points of Departure/
                                             2017 (82 FR 49020) (FRL–9967–37),                       and other relevant information in                     Levels of Concern
                                             EPA issued a document pursuant to                       support of this action. EPA has                          Once a pesticide’s toxicological
                                             FFDCA section 408(d)(3), 21 U.S.C.                      sufficient data to assess the hazards of              profile is determined, EPA identifies
                                             346a(d)(3), announcing the filing of a                  and to make a determination on                        toxicological points of departure (POD)
                                             pesticide petition (PP 7E8565) by IR–4,                 aggregate exposure for flumioxazin                    and levels of concern to use in
                                             Rutgers, The State University of New                    including exposure resulting from the                 evaluating the risk posed by human
                                             Jersey, 500 College Road East, Suite                    tolerances established by this action.                exposure to the pesticide. For hazards
                                             201W, Princeton, NJ 08540. The petition                 EPA’s assessment of exposures and risks               that have a threshold below which there
                                             requested that 40 CFR 180.568(c) be                     associated with flumioxazin follows.                  is no appreciable risk, the toxicological
                                             amended by establishing tolerances                                                                            POD is used as the basis for derivation
                                             with regional registrations for residues                A. Toxicological Profile                              of reference values for risk assessment.
                                             of the herbicide flumioxazin, 2-[7-                        EPA has evaluated the available                    PODs are developed based on a careful
                                             fluoro-3,4-dihydro-3-oxo-4-(2-                          toxicity data and considered its validity,            analysis of the doses in each
                                             propynyl)-2H-1,4-benzoxazin-6-yl]-                      completeness, and reliability as well as              toxicological study to determine the
                                             4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-                the relationship of the results of the                dose at which no adverse effects are
                                             dione, including its metabolites and                    studies to human risk. EPA has also                   observed (the NOAEL) and the lowest
                                             degradates, determined by measuring                     considered available information                      dose at which adverse effects of concern
                                             only flumioxazin, in or on Grass, forage                concerning the variability of the                     are identified (the LOAEL). Uncertainty/
                                             at 0.4 parts per million (ppm) and Grass,               sensitivities of major identifiable                   safety factors are used in conjunction
                                             hay 0.05 ppm. That document                             subgroups of consumers, including                     with the POD to calculate a safe
                                             referenced a summary of the petition                    infants and children.                                 exposure level—generally referred to as
                                             prepared by Valent, U.S.A. Corporation,                    Toxicity associated with flumioxazin               a population-adjusted dose (PAD) or a
                                             the registrant, which is available in the               includes anemia and effects on the                    reference dose (RfD)—and a safe margin
                                             docket, http://www.regulations.gov.                     cardiovascular system and liver.                      of exposure (MOE). For non-threshold
                                             This petition request is associated with                Specifically, alterations in hemoglobin               risks, the Agency assumes that any
                                             an application to allow use of                          parameters were observed in rats, as                  amount of exposure will lead to some
                                             flumioxazin on grass in the States of                   well as increased renal toxicity in male              degree of risk. Thus, the Agency
                                             Washington, Idaho, and Oregon.                          rats, and increased absolute and relative             estimates risk in terms of the probability
                                             Although comments were submitted to                     liver weights and increased alkaline                  of an occurrence of the adverse effect
                                             the docket, none were relevant to the                   phosphate values were seen in dogs.                   expected in a lifetime. For more
                                             safety of the tolerances being                             No evidence of neurotoxicity was                   information on the general principles
                                             established in this action.                             seen in male or female rats in the acute              EPA uses in risk characterization and a
                                                Consistent with the authority in                     or subchronic neurotoxicity studies. The              complete description of the risk
                                             FFDCA 408(d)(4)(A)(i), EPA is issuing a                 oral and dermal developmental rat                     assessment process, see http://
                                             tolerance that varies from what the                     studies showed evidence of increased                  www2.epa.gov/pesticide-science-
                                             petitioner sought. The reason for this                  quantitative susceptibility of fetuses, as            andassessing-pesticide-risks/
                                             change is explained in Unit IV.C.                       cardiovascular anomalies (ventral septal              assessinghuman-health-risk-pesticides.
                                                                                                     defects) were found. These                               A summary of the toxicological
                                             III. Aggregate Risk Assessment and
                                                                                                     developmental effects in the offspring                endpoints for flumioxazin used for
                                             Determination of Safety
                                                                                                     were more severe and seen at doses                    human risk assessment is discussed in
                                                Section 408(b)(2)(A)(i) of FFDCA                     lower than those that caused parental                 Unit III. B of the final rule published in
                                             allows EPA to establish a tolerance (the                and systemic toxicity. The regulatory                 the Federal Register of September 21,
                                             legal limit for a pesticide chemical                    endpoints for flumioxazin are protective              2012 (77 FR 58493) (FRL–9358–3). One
                                             residue in or on a food) only if EPA                    of this increased susceptibility,                     additional endpoint has since been
                                             determines that the tolerance is ‘‘safe.’’              however, so there is low concern and no               identified, i.e., the selection of an adult
                                             Section 408(b)(2)(A)(ii) of FFDCA                       residual uncertainties for these effects.             oral endpoint for assessing the aggregate
                                             defines ‘‘safe’’ to mean that ‘‘there is a                 Flumioxazin was negative for                       risks from short-term and intermediate-
                                             reasonable certainty that no harm will                  mutagenicity in most of the available                 term oral exposure: An oral NOAEL of
                                             result from aggregate exposure to the                   studies, however, there were aberrations              3 mg/kg/day based on cardiovascular
                                             pesticide chemical residue, including                   in a chromosomal aberration assay. The                effects in fetuses seen at the LOAEL of
                                             all anticipated dietary exposures and all               lack of carcinogenicity in mice and rats              10 mg/kg/day in the rat developmental
                                             other exposures for which there is                      permits flumioxazin to be classified as               study was used, along with a 10X
                                             reliable information.’’ This includes                   ‘‘not likely to be carcinogenic to                    interspecies uncertainty factor, a 10X
                                             exposure through drinking water and in                  humans.’’                                             intraspecies uncertainty factor, and a 1X
                                             residential settings, but does not include                 Specific information on the studies                FQPA safety factor. Long-term
                                             occupational exposure. Section                          received and the nature of the adverse
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                                                                                                                                                           exposures (greater than 6 months) are
                                             408(b)(2)(C) of FFDCA requires EPA to                   effects caused by flumioxazin as well as              not expected based on the existing
                                             give special consideration to exposure                  the no-observed-adverse-effect-level                  flumioxazin use pattern.
                                             of infants and children to the pesticide                (NOAEL) and the lowest-observed-
                                             chemical residue in establishing a                      adverse-effect-level (LOAEL) from the                 C. Exposure Assessment
                                             tolerance and to ‘‘ensure that there is a               toxicity studies can be found at http://                1. Dietary exposure from food and
                                             reasonable certainty that no harm will                  www.regulations.gov in document titled,               feed uses. In evaluating dietary


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                                             50286              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                             exposure to flumioxazin, EPA                            information regarding EPA drinking                    including residential areas, lakes, and
                                             considered exposure under the                           water models used in pesticide                        ponds. As a result, individuals can be
                                             petitioned-for tolerances as well as all                exposure assessment can be found at                   exposed by entering these areas if they
                                             existing flumioxazin tolerances in 40                   http://www2.epa.gov/pesticide-science-                have been previously treated. Therefore,
                                             CFR 180.568. EPA assessed dietary                       and-assessing-pesticide-risks/about-                  short-term and intermediate-term
                                             exposures from flumioxazin in food as                   water-exposure-models-used-pesticide.                 dermal and oral post-application
                                             follows:                                                   Based on the First Index Reservoir                 exposures and risks were assessed for
                                                i. Acute exposure. Quantitative acute                Screening Tool (FIRST) model, the                     adults and children. In addition, oral
                                             dietary exposure and risk assessments                   EDWCs in surface water for acute                      post-application exposures and risks
                                             are performed for a food-use pesticide,                 exposures are 400 parts per billion (ppb)             were assessed specifically for children
                                             if a toxicological study has indicated the              for flumioxazin and for chronic                       to be protective of possible hand-to-
                                             possibility of an effect of concern                     exposures are estimated to be 9.4 ppb,                mouth, object-to-mouth, and soil
                                             occurring as a result of a 1-day or single              21.6 ppb, and 110.1 ppb for                           ingestion activities that may occur on
                                             exposure.                                               flumioxazin, 482–HA and APF                           treated turf areas. Further information
                                                Such effects were identified for                     degradates, respectively, for a total                 regarding EPA standard assumptions
                                             flumioxazin for females 13–49. In                       concentration of 141 ppb. Based on the                and generic inputs for residential
                                             estimating acute dietary exposure, EPA                  Screening Concentration in Ground                     exposures may be found at http://
                                             used food consumption information                       Water (SCI–GROW) model, for both                      www2.epa.gov/pesticide-science-and-
                                             from the Dietary Exposure Evaluation                    acute and chronic (non-cancer)                        assessing-pesticide-risks/standard-
                                             Model software with the Food                            exposures, the EDWCs of 482–HA and                    operating-procedures-residential-
                                             Commodity Intake Database (DEEM–                        APF are estimated to be 45.27 ppb and                 pesticide.
                                             FCID) Version 3.16. This software uses                  2.66 ppb, respectively, for ground water.                4. Cumulative effects from substances
                                             2003–2008 food consumption data from                    EDWCs of flumioxazin are estimated to                 with a common mechanism of toxicity.
                                             the United States Department of                         be negligible in ground water for                     Section 408(b)(2)(D)(v) of FFDCA
                                             Agriculture (USDA) National Health and                  chronic exposures. Estimates of                       requires that, when considering whether
                                             Nutrition Examination Survey, What We                   drinking water concentrations were                    to establish, modify, or revoke a
                                             Eat in America (NHANES/WWEIA;                           directly entered into the dietary                     tolerance, the Agency consider
                                             2003–2008). As to residue levels in                     exposure model as follows. The peak                   ‘‘available information’’ concerning the
                                             food, EPA assumed tolerance-level                       day zero of 400 ppb for flumioxazin                   cumulative effects of a particular
                                             residues, 100% crop treated (PCT) for                   (degradates 482–HA and APF were not                   pesticide’s residues and ‘‘other
                                             all commodities and DEEM–FCID                           detected) was used to assess the                      substances that have a common
                                             version 3.16.                                           contribution to drinking water for the                mechanism of toxicity.’’
                                                ii. Chronic exposure. In conducting                  acute dietary risk assessment, and the                   EPA has not found flumioxazin to
                                             the chronic dietary exposure assessment                 day 30 total of 141 ppb for flumioxazin,              share a common mechanism of toxicity
                                             EPA used the DEEM–FCID Version 3.16                     482–HA and APF degradates was used                    with any other substances, and
                                             software which incorporates 2003–2008                   to assess the contribution to drinking                flumioxazin does not appear to produce
                                             food consumption data from USDA’s                       water for the chronic dietary risk                    a toxic metabolite produced by other
                                             NHANES/WWEIA. As to residue levels                      assessment.                                           substances. For the purposes of this
                                             in food, EPA incorporated tolerance-                       3. From non-dietary exposure. The                  tolerance action, therefore, EPA has
                                             level residues and/or 100 PCT for all                   term ‘‘residential exposure’’ is used in              assumed that flumioxazin does not have
                                             commodities.                                            this document to refer to non-                        a common mechanism of toxicity with
                                                iii. Cancer. Based on the data                       occupational, non-dietary exposure                    other substances. For information
                                             summarized in Unit III.A., EPA has                      (e.g., for lawn and garden pest control,              regarding EPA’s efforts to determine
                                             concluded that flumioxazin does not                     indoor pest control, termiticides, and                which chemicals have a common
                                             pose a cancer risk to humans. Therefore,                flea and tick control on pets).                       mechanism of toxicity and to evaluate
                                             a dietary exposure assessment for the                      Flumioxazin is currently registered                the cumulative effects of such
                                             purpose of assessing cancer risk is                     for the following uses that could result              chemicals, see EPA’s website at http://
                                             unnecessary.                                            in residential exposures: Turf grass,                 www2.epa.gov/pesticide-science-and-
                                                iv. Anticipated residue and percent                  residential lawns, ornamentals, and                   assessing-pesticide-risks/cumulative-
                                             crop treated (PCT) information. EPA did                 aquatic weeds. EPA assessed residential               assessment-risk-pesticides.
                                             not use anticipated residue and/or PCT                  exposure under the assumption that
                                             information in the dietary assessment                   homeowner handlers wear shorts, short-                D. Safety Factor for Infants and
                                             for flumioxazin. Tolerance-level                        sleeved shirts, socks, and shoes, and                 Children
                                             residues and/or 100 PCT were assumed                    that they complete all tasks associated                 1. In general. Section 408(b)(2)(C) of
                                             for all food commodities.                               with the use of a pesticide product                   FFDCA provides that EPA shall apply
                                                2. Dietary exposure from drinking                    including mixing/loading, if needed, as               an additional tenfold (10X) margin of
                                             water. The Agency used screening-level                  well as the application. Residential                  safety for infants and children in the
                                             water exposure models in the dietary                    handler exposure scenarios for both                   case of threshold effects to account for
                                             exposure analysis and risk assessment                   dermal and inhalation are considered to               prenatal and postnatal toxicity and the
                                             for flumioxazin in drinking water. These                be short-term only, due to the infrequent             completeness of the database on toxicity
                                             simulation models take into account                     use patterns associated with homeowner                and exposure unless EPA determines
                                             data on the physical, chemical, and fate/               products.                                             based on reliable data that a different
                                             transport characteristics of flumioxazin.                  EPA uses the term ‘‘post-application’’             margin of safety will be safe for infants
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                                             The estimated drinking water                            to describe exposure to individuals that              and children. This additional margin of
                                             concentrations (EDWCs) are based on                     occur as a result of being in an                      safety is commonly referred to as the
                                             hydrolysis and the residues of concern                  environment that has been previously                  FQPA Safety Factor (SF). In applying
                                             for flumioxazin and its major degradates                treated with a pesticide. Flumioxazin                 this provision, EPA either retains the
                                             (482–HA, and APF), expressed as                         can be used in many areas that can be                 default value of 10X, or uses a different
                                             flumioxazin equivalents. Further                        frequented by the general population                  additional safety factor when reliable


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                                                                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations                                       50287

                                             data available to EPA support the choice                is an increased susceptibility, there is a            exposure. Based on the explanation in
                                             of a different factor.                                  low concern and no residual                           Unit III.C.3., regarding residential use
                                                2. Prenatal and postnatal sensitivity.               uncertainties for pre-and/or postnatal                patterns, chronic residential exposure to
                                             There is evidence of increased                          toxicity because the developmental                    residues of flumioxazin is not expected.
                                             quantitative susceptibility of fetuses in               toxicity NOAELs/LOAELs are well                          3. Short-term and intermediate-term
                                             the oral and dermal developmental rat                   characterized after oral and dermal                   risks. Short-term and intermediate-term
                                             studies, where cardiovascular                           exposure; the offspring toxicity NOAEL                aggregate exposure takes into account
                                             abnormalities occurred in the absence of                and LOAEL are well characterized in                   short-term and intermediate-term
                                             maternal toxicity. The rat reproduction                 the reproduction study; and the doses                 residential exposure plus chronic
                                             study also showed evidence of                           and endpoints have been selected from                 exposure to food and water (considered
                                             qualitative and quantitative post-natal                 the developmental and reproductive                    to be a background exposure level).
                                             susceptibility since reproductive effects               toxicity studies for the relevant                     Flumioxazin is currently registered for
                                             in offspring were more severe and were                  populations, except for the chronic                   uses that could result in short-term and
                                             seen at lower doses than those that                     dietary endpoint, for which a chronic                 intermediate residential exposures, and
                                             caused parental/systemic toxicity. Even                 study was chosen. Therefore, the                      the Agency has determined that it is
                                             with this observed increased                            regulatory endpoints for flumioxazin are              appropriate to aggregate chronic
                                             susceptibility, the Agency has                          protective of the increased susceptibility            exposure through food and water with
                                             concluded there is a low concern and no                 seen in the developmental and                         short-term and intermediate-term
                                             residual uncertainties for pre- and/or                  reproduction studies, and there are no                residential exposures to flumioxazin.
                                             postnatal toxicity because the                          residual concerns for these effects.                  Since the Agency has determined that
                                             developmental toxicity NOAELs/                             iv. There are no residual uncertainties            the short-term and intermediate-term
                                             LOAELs are well-characterized after oral                identified in the exposure databases.                 points of departure are the same, the
                                             and dermal exposure, and the offspring                  The acute and chronic dietary food                    aggregate risks are the same for both
                                             toxicity NOAEL and LOAEL are well                       exposure assessments were performed                   short-term and intermediate-term
                                             characterized in the reproduction study.                based on tolerance-level residues,                    exposures.
                                             Furthermore, the doses and endpoints                    default processing factors, and assuming
                                             have been selected from the                             100 PCT. EPA made conservative                           Using the exposure assumptions
                                             developmental and reproductive                          (protective) assumptions in the ground                described in this unit for short-term
                                             toxicity studies for risk assessment of                 and surface water modeling used to                    exposures, EPA has concluded the
                                             the relevant exposed populations (e.g.,                 assess exposure to flumioxazin in                     combined short-term and intermediate-
                                             pregnant females and children), with                    drinking water. EPA used similarly                    term food, water, and residential
                                             the exception of the chronic dietary                    conservative assumptions to assess post-              exposures result in aggregate MOEs of
                                             endpoint, for which a chronic study was                 application exposure of children as well              110 for adult females 13–49 years and
                                             selected. Therefore, regulatory                         as incidental oral exposure of toddlers.              MOE of 200 for children less than 2
                                             endpoints for flumioxazin are protective                These assessments will not                            years. Because EPA’s level of concern
                                             of the increased susceptibility and there               underestimate the exposure and risks                  for flumioxazin is a MOE of 100 or
                                             are no residual concerns for these                      posed by flumioxazin.                                 below, these MOEs are not of concern.
                                             effects.                                                                                                         4. Aggregate cancer risk for U.S.
                                                3. Conclusion. EPA has determined                    E. Aggregate Risks and Determination of               population. Based on the lack of
                                             that reliable data show the safety of                   Safety                                                evidence of carcinogenicity in two
                                             infants and children would be                              EPA determines whether acute and                   adequate rodent carcinogenicity studies,
                                             adequately protected if the FQPA SF                     chronic dietary pesticide exposures are               flumioxazin is not expected to pose a
                                             were reduced to 1X for oral and dermal                  safe by comparing aggregate exposure                  cancer risk to humans.
                                             exposures, but retained the 10X FQPA                    estimates to the acute PAD (aPAD) and                    5. Determination of safety. Based on
                                             database uncertainty factor (UF) for                    chronic PAD (cPAD). For linear cancer                 these risk assessments, EPA concludes
                                             inhalation exposure and risk assessment                 risks, EPA calculates the lifetime                    that there is a reasonable certainty that
                                             due to the lack of an inhalation study.                 probability of acquiring cancer given the             no harm will result to the general
                                             That decision is based on the following                 estimated aggregate exposure. Short-,                 population, or to infants and children
                                             findings:                                               intermediate-, and chronic-term risks                 from aggregate exposure to flumioxazin
                                                i. The toxicity database for                         are evaluated by comparing the                        residues.
                                             flumioxazin is incomplete but sufficient                estimated aggregate food, water, and
                                             for assessing the toxicity and                          residential exposure to the appropriate               IV. Other Considerations
                                             characterizing the hazard of flumioxazin                PODs to ensure that an adequate MOE                   A. Analytical Enforcement Methodology
                                             due to the absence of an acceptable                     exists.
                                             inhalation study. Therefore, the Agency                    1. Acute risk. Using the exposure                     Adequate enforcement methodology
                                             is retaining the 10X FQPA safety factor                 assumptions discussed in this unit for                (gas chromatography/nitrogen-
                                             for assessing inhalation risk.                          acute exposure, the acute dietary                     phosphorus detection (GC/NPD)
                                                ii. There is no indication that                      exposure from food and water to                       method, Valent Method RM30–A–1), is
                                             flumioxazin is a neurotoxic chemical                    flumioxazin will occupy 76% of the                    available to enforce the tolerance
                                             and there is no need for a                              aPAD for females 13–49 years old, the                 expression. The reported method limits
                                             developmental neurotoxicity study or                    population group receiving the greatest               of quantitation and detection (LOQ and
                                             additional UFs to account for                           exposure.                                             LOD) for flumioxazin in/on plant
                                                                                                        2. Chronic risk. Using the exposure                commodities are 0.02 and 0.01 ppm,
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                                             neurotoxicity.
                                                iii. There is evidence that flumioxazin              assumptions described in this unit for                respectively.
                                             may result in increased susceptibility in               chronic exposure, EPA has concluded                      The method may be requested from:
                                             in utero rats or rabbits in the prenatal                that chronic exposure to flumioxazin                  Chief, Analytical Chemistry Branch,
                                             developmental studies or in young rats                  from food and water will utilize 44% of               Environmental Science Center, 701
                                             in the 2-generation reproduction study.                 the cPAD for all infants <1 year old, the             Mapes Rd., Ft. Meade, MD 20755–5350;
                                             The Agency concluded that while there                   population group receiving the greatest               telephone number: (410) 305–2905;


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                                             50288              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                             email address: residuemethods@                          Budget (OMB) has exempted these types                   This action does not involve any
                                             epa.gov.                                                of actions from review under Executive                technical standards that would require
                                                                                                     Order 12866, entitled ‘‘Regulatory                    Agency consideration of voluntary
                                             B. International Residue Limits
                                                                                                     Planning and Review’’ (58 FR 51735,                   consensus standards pursuant to section
                                                In making its tolerance decisions, EPA               October 4, 1993). Because this action                 12(d) of the National Technology
                                             seeks to harmonize U.S. tolerances with                 has been exempted from review under                   Transfer and Advancement Act
                                             international standards whenever                        Executive Order 12866, this action is                 (NTTAA) (15 U.S.C. 272 note).
                                             possible, consistent with U.S. food                     not subject to Executive Order 13211,
                                             safety standards and agricultural                       entitled ‘‘Actions Concerning                         VII. Congressional Review Act
                                             practices. EPA considers the                            Regulations That Significantly Affect
                                             international maximum residue limits                                                                            Pursuant to the Congressional Review
                                                                                                     Energy Supply, Distribution, or Use’’ (66
                                             (MRLs) established by the Codex                         FR 28355, May 22, 2001) or Executive                  Act (5 U.S.C. 801 et seq.), EPA will
                                             Alimentarius Commission (Codex), as                     Order 13045, entitled ‘‘Protection of                 submit a report containing this rule and
                                             required by FFDCA section 408(b)(4).                    Children from Environmental Health                    other required information to the U.S.
                                             The Codex Alimentarius is a joint                       Risks and Safety Risks’’ (62 FR 19885,                Senate, the U.S. House of
                                             United Nations Food and Agriculture                     April 23, 1997); or Executive Order                   Representatives, and the Comptroller
                                             Organization/World Health                               13771, entitled ‘‘Reducing Regulations                General of the United States prior to
                                             Organization food standards program,                    and Controlling Regulatory Costs’’ (82                publication of the rule in the Federal
                                             and it is recognized as an international                FR 9339, February 3, 2017). This action               Register. This action is not a ‘‘major
                                             food safety standards-setting                           does not contain any information                      rule’’ as defined by 5 U.S.C. 804(2).
                                             organization in trade agreements to                     collections subject to OMB approval
                                             which the United States is a party. EPA                                                                       List of Subjects in 40 CFR Part 180
                                                                                                     under the Paperwork Reduction Act
                                             may establish a tolerance that is                       (PRA) (44 U.S.C. 3501 et seq.), nor does                Environmental protection,
                                             different from a Codex MRL; however,                    it require any special considerations                 Administrative practice and procedure,
                                             FFDCA section 408(b)(4) requires that                   under Executive Order 12898, entitled                 Agricultural commodities, Pesticides
                                             EPA explain the reasons for departing                   ‘‘Federal Actions to Address                          and pests, Reporting and recordkeeping
                                             from the Codex level.                                   Environmental Justice in Minority
                                                The Codex has not established a MRL                                                                        requirements.
                                                                                                     Populations and Low-Income
                                             for flumioxazin in/on grass, therefore                  Populations’’ (59 FR 7629, February 16,                 Dated: September 21, 2018.
                                             there are no international harmonization                1994).                                                Michael L. Goodis,
                                             issues.                                                    Since tolerances and exemptions that               Director, Registration Division, Office of
                                             C. Revisions to Petitioned-For                          are established on the basis of a petition            Pesticide Programs.
                                             Tolerances                                              under FFDCA section 408(d), such as
                                                                                                     the tolerance in this final rule, do not                Therefore, 40 CFR chapter I is
                                               EPA is establishing a tolerance for                                                                         amended as follows:
                                                                                                     require the issuance of a proposed rule,
                                             Grass, forage at 0.40 ppm, rather than
                                                                                                     the requirements of the Regulatory
                                             0.4 ppm, to be consistent with its                                                                            PART 180—[AMENDED]
                                                                                                     Flexibility Act (RFA) (5 U.S.C. 601 et
                                             practice to provide greater precision
                                                                                                     seq.), do not apply.
                                             about the levels of residues that are                                                                         ■ 1. The authority citation for part 180
                                             permitted by a tolerance. This is                          This action directly regulates growers,
                                                                                                     food processors, food handlers, and food              continues to read as follows:
                                             intended to avoid the situation where
                                             residues may be higher than the                         retailers, not States or tribes, nor does                 Authority: 21 U.S.C. 321(q), 346a and 371.
                                             tolerance level, but as a result of                     this action alter the relationships or
                                                                                                     distribution of power and                             ■  2. In § 180.568, add alphabetically the
                                             rounding would be considered non-                                                                             commodities ‘‘Grass, forage’’ and
                                             violative. For example, Grass, forage                   responsibilities established by Congress
                                                                                                     in the preemption provisions of FFDCA                 ‘‘Grass, hay’’ to the table in paragraph
                                             tolerance proposed at 0.4 ppm was
                                                                                                     section 408(n)(4). As such, the Agency                (c) to read as follows:
                                             established at 0.40 ppm, to avoid an
                                             observed hypothetical tolerance at 0.44                 has determined that this action will not
                                                                                                                                                           § 180.568 Flumioxazin; tolerances for
                                             ppm being rounded to 0.4 ppm.                           have a substantial direct effect on States
                                                                                                                                                           residues.
                                                                                                     or tribal governments, on the
                                             V. Conclusion                                           relationship between the national                     *       *    *           *         *
                                                Therefore, tolerances with regional                  government and the States or tribal                       (c) * * *
                                             registrations are established for residues              governments, or on the distribution of
                                             of flumioxazin, 2-[7-fluoro-3,4-dihydro-                power and responsibilities among the                                Commodity                         Parts per
                                             3-oxo-4-(2-propynyl)-2H-1,4-                            various levels of government or between                                                                million
                                             benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-                 the Federal Government and Indian
                                             isoindole-1,3(2H)-dione, including its                  tribes. Thus, the Agency has determined
                                                                                                     that Executive Order 13132, entitled                       *           *             *            *        *
                                             metabolites and degradates determined
                                             by measuring only flumioxazin, in or on                 ‘‘Federalism’’ (64 FR 43255, August 10,
                                                                                                                                                           Grass, forage ..............................         0.40
                                             raw agricultural commodities, in or on                  1999) and Executive Order 13175,                      Grass, hay ..................................        0.05
                                             Grass, forage at 0.40 ppm and Grass, hay                entitled ‘‘Consultation and Coordination
                                             at 0.05 ppm.                                            with Indian Tribal Governments’’ (65 FR
                                                                                                                                                           *        *       *       *         *
                                                                                                     67249, November 9, 2000) do not apply
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                                             VI. Statutory and Executive Order                                                                             [FR Doc. 2018–21746 Filed 10–4–18; 8:45 am]
                                                                                                     to this action. In addition, this action
                                             Reviews                                                 does not impose any enforceable duty or               BILLING CODE 6560–50–P

                                               This action establishes tolerances                    contain any unfunded mandate as
                                             under FFDCA section 408(d) in                           described under Title II of the Unfunded
                                             response to a petition submitted to the                 Mandates Reform Act (UMRA) (2 U.S.C.
                                             Agency. The Office of Management and                    1501 et seq.).


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Document Created: 2018-10-05 01:52:11
Document Modified: 2018-10-05 01:52:11
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 October 5, 2018. Objections and requests for hearings must be received on or before December 4, 2018, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactMichael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation83 FR 50284 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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