83_FR_57554 83 FR 57333 - Azoxystrobin; Pesticide Tolerances

83 FR 57333 - Azoxystrobin; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57333-57339
FR Document2018-24974

This regulation establishes tolerances for residues of azoxystrobin in or on beet, sugar, roots and vegetable, root, except sugar beet, subgroup 1B. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018)
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57333-57339]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24974]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0744; FRL-9985-45]


Azoxystrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
azoxystrobin in or on beet, sugar, roots and vegetable, root, except 
sugar beet, subgroup 1B. Syngenta Crop Protection, LLC requested these 
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective November 15, 2018. Objections and 
requests for hearings must be received on or before January 14, 2019, 
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-2017-0744, 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.

[[Page 57334]]


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

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-2017-0744 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 
January 14, 2019. 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-2017-0744, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of March 6, 2018 (83 FR 9471) (FRL-9973-
27), 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 
7F8590) by Syngenta Crop Protection, LLC, 18300 Greensboro Road, NC. 
The petition requested that 40 CFR 180.507 be amended by establishing 
tolerances for residues of the fungicide azoxystrobin, in or on beet, 
sugar, roots at 5.0 parts per million (ppm) and vegetable, root, 
subgroup 1B at 0.5 ppm. The petition also requested that the tolerance 
for vegetable, root, subgroup 1A be removed once these new tolerances 
are established. That document referenced a summary of the petition 
prepared by Syngenta Crop Protection, the registrant, which is 
available in the docket, http://www.regulations.gov. Comments were 
received on the notice of filing. EPA's response to these comments is 
discussed in Unit IV.C.
    Based upon review of the data supporting the petition, EPA is 
establishing the tolerance level for vegetable, root, subgroup 1B at 
1.0 ppm instead of 0.5 ppm. Additionally, the Agency has revised the 
commodity name to vegetable, root, except sugar beet, subgroup 1B. The 
reason for these changes are explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for azoxystrobin including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with azoxystrobin 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.
    With repeated dosing by the oral route, the liver and bile ducts 
were consistently affected by azoxystrobin. Liver and biliary effects 
were seen in rats (increased liver weights, gross and histopathological 
lesions of the bile duct and liver), and in dogs (increased liver 
weights, clinical observations including fluid feces and salivation) 
and clinical chemistry alterations (including increased serum levels of 
alkaline phosphatase, and gamma-glutamyl transferase; and decreases in 
serum albumin). The effects seen are indicative of changes to liver/
biliary function. Decreased body weight (rats and mice)

[[Page 57335]]

and decreased body weight gain (rats and rabbits) were also consistent 
findings across studies and species. Other effects including decreased 
food intake/utilization, increased diarrhea and other clinical toxicity 
observations such as urinary incontinence, salivation, hunched postures 
and distended abdomens were also seen in various studies (developmental 
toxicity, reproduction, and 90-day oral toxicity) in rats. Inhalation 
exposure to a soluble-concentrate (SC) formulation of azoxystrobin 
resulted in adverse microscopic changes in the nasal cavity and larynx.
    No developmental effects were seen in the rabbit and rat 
developmental toxicity studies and no reproductive or offspring effects 
were seen in the 2-generation rat reproduction study. In the 
reproduction study, decreased body weights and increased adjusted liver 
weights were observed at the same dose in both offspring and parental 
animals. Therefore, the toxicity data showed no increased 
susceptibility in the young.
    In the acute and subchronic neurotoxicity studies, there were no 
consistent indications of treatment-related neurotoxicity. There was no 
evidence of neurotoxicity seen in the acute neurotoxicity study in rats 
from a single gavage dose up to 2,000 mg/kg. There was also no evidence 
of neurotoxicity seen in the subchronic neurotoxicity study in rats up 
to the highest dose tested (201 mg/kg/day). Based on the toxicity 
profile of azoxystrobin, a developmental neurotoxicity study in rats is 
not needed.
    Although azoxystrobin induced a weak mutagenic response in the 
mouse lymphoma assay (non-linear, slight but significant increases in 
the mutation frequency of mouse lymphoma cells), the activity expressed 
in vitro is not expected to be expressed in whole animals. There was no 
evidence of carcinogenicity in rats and mice at acceptable tested dose 
levels; therefore, azoxystrobin is classified as ``not likely to be 
carcinogenic to humans''.
    Azoxystrobin has a low order of acute toxicity via oral, dermal and 
inhalation routes of exposure. Azoxystrobin is not an eye or skin 
irritant and is not a skin sensitizer.
    Specific information on the studies received and the nature of the 
adverse effects caused by azoxystrobin 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 Azoxystrobin: Human Health Risk 
Assessment for a New Post-Harvest Use on Sugar Beets and Amend the 
existing Vegetable, Root, Subgroup 1A to Vegetable, Root, Subgroup 1B 
(except Sugar Beets) at pages 11-18 in docket ID number EPA-HQ-OPP-
2017-0744.

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

 Table 1--Summary of Toxicological Doses and Endpoints for Azoxystrobin for Use in Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                   Point of departure and     RfD, PAD, LOC for
       Exposure/scenario         uncertainty/safety factors    risk assessment   Study and toxicological effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (All              LOAEL = 200 mg/kg/day.......  Acute RfD = 0.67   Acute Neurotoxicity--Rat.
 populations).                  UFA = 10x...................   mg/kg/day.        LOAEL = 200 mg/kg/day based on
                                UFH = 10x...................  aPAD = 0.67 mg/kg/  diarrhea at two-hours post
                                                               day.               dose at all dose levels
                                                                                  tested.
                                FQPA SF = 3x
Chronic dietary (All            NOAEL = 18 mg/kg/day........  Chronic RfD =      Combined Chronic Toxicity/
 populations).                  UFA = 10x...................   0.18 mg/kg/day.    Carcinogenicity Feeding Study--
                                UFH = 10x...................  cPAD = 0.18 mg/kg/  Rat.
                                                               day.              LOAEL = 82.4/117 mg/kg/day (M/
                                                                                  F) based on reduced body
                                                                                  weights in both sexes and bile
                                                                                  duct lesions in males.
                                FQPA SF = 1x
Episodic granule ingestion      LOAEL = 200 mg/kg/day.......  Residential LOC    Acute Neurotoxicity--Rat.
 (Children 1 to <2 years old).  UFA = 10x...................   for MOE = 300.    LOAEL = 200 mg/kg/day based on
                                UFH = 10x...................                      diarrhea at two-hours post
                                                                                  dose at all dose levels
                                                                                  tested.
                                FQPA SF = 3x
Incidental oral short-term (1-  NOAEL = 35 mg/kg/day........  Residential LOC    2-generation reproduction
 30 days) (Intermediate-term    UFA= 10x....................   for MOE = 100.     study--Rats.
 (1-6 months)).                 UFH = 10x...................                     LOAEL = 165 mg/kg/day based on
                                                                                  decreased pup weights in both
                                                                                  males and females ([darr]8-
                                                                                  21%).
                                FQPA SF = 1x
Inhalation (All durations)....  Inhalation study NOAEL = 3.8  LOC for MOE = 30.  28-Day inhalation toxicity
                                 [micro]g/L (inhalation                           study in rats on SC
                                 absorption rate = 100%).                         formulation\+\.
                                UFA = 3x....................                     LOAEL = 12.2 [micro]g/L based
                                                                                  on adverse histopathological
                                                                                  changes in the larynx
                                                                                  (squamous metaplasia) and
                                                                                  nasal cavity (metaplasia of
                                                                                  the respiratory epithelium).
                                                                                  There was an increase in
                                                                                  severity with increases in the
                                                                                  test concentrations.
                                UFH = 10x
                                FQPA SF = 1x................
                               ---------------------------------------------------------------------------------
Cancer (Oral, dermal,              Azoxystrobin is classified as ``not likely to be carcinogenic to humans''.
 inhalation).
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).


[[Page 57336]]

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to azoxystrobin, EPA considered exposure under the petitioned-
for tolerances as well as all existing azoxystrobin tolerances in 40 
CFR 180.507. EPA assessed dietary exposures from azoxystrobin 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 azoxystrobin. In estimating acute dietary exposure, EPA used food 
consumption information from the United States Department of 
Agriculture (USDA) Nationwide Health and Nutrition Examination Survey, 
What We Eat in America (NHANES/WWEIA) conducted from 2003-2008. As to 
residue levels in food, the acute dietary analysis was obtained from 
the Dietary Exposure Evaluation Model using the Food Commodity Intake 
Database (DEEM-FCID; version 3.16). The assessment is based on 100% of 
the registered crops treated, and tolerance-level residues for all 
existing and proposed commodities, except citrus fruits where the 
highest field trial residue was used as a refinement.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA Nationwide 
Health and Nutrition Examination Survey, What We Eat in America 
(NHANES/WWEIA) conducted from 2003-2008. As to residue levels in food, 
the chronic dietary analysis was obtained from the Dietary Exposure 
Evaluation Model using the Food Commodity Intake Database (DEEM-FCID; 
version 3.16). The assessment was partially refined, and used 
tolerance-level residues for all commodities and average percent crop 
treated (PCT) estimates when available.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that azoxystrobin does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and 
information on the anticipated residue levels of pesticide residues in 
food and the actual levels of pesticide residues that have been 
measured in food. If EPA relies on such information, EPA must require 
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after 
the tolerance is established, modified, or left in effect, 
demonstrating that the levels in food are not above the levels 
anticipated. For the present action, EPA will issue such data call-ins 
as are required by FFDCA section 408(b)(2)(E) and authorized under 
FFDCA section 408(f)(1). Data will be required to be submitted no later 
than 5 years from the date of issuance of these tolerances.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data 
on the actual percent of food treated for assessing chronic dietary 
risk only if:
     Condition a: The data used are reliable and provide a 
valid basis to show what percentage of the food derived from such crop 
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate 
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food 
consumption in a particular area, the exposure estimate does not 
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any 
estimates used. To provide for the periodic evaluation of the estimate 
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require 
registrants to submit data on PCT.
    The Agency estimated the PCT for existing uses for the chronic 
dietary exposure assessment as follows: Almonds, 20%; apricots, 10%; 
artichokes, 20%; asparagus, <2.5%; barley, <2.5%; green beans, 15%; 
blueberries, 15%; broccoli, 10%; cabbage, 10%; caneberries, 5%; 
cantaloupes, 20%; carrots, 10%; cauliflower, <2.5%; celery, 10%; corn, 
<2.5%; cotton, <2.5%; cotton (seed treatment), 25%; cucumbers, 20%; dry 
beans/peas, <2.5%; eggplant, 30%; garlic, 70%; grapefruit, 20%; grapes, 
5%; hazelnuts, 5%; lemons, <2.5%; lettuce, <2.5%; nectarines, <2.5%; 
onions, 5%; oranges, 5%; peaches, 5%; peanuts, 20%; peanuts (seed 
treatment), 30%; green peas, <2.5%; pecans, 5%; peppers, 20%; 
pistachios, 5%; plums/prunes, <2.5%; potatoes, 40%; potatoes (seed 
treatment), <1%; pumpkins, 20%; rice, 40%; soybeans, 5%; soybeans (seed 
treatment), <1%; spinach, 10%; squash, 20%; strawberries, 25%; sugar 
beets, 10%; sugar beets (seed treatment), <2.5%; sweet corn, 15%; 
tangelos, 25%; tangerines, 10%; tobacco, 15%; tomatoes, 25%; walnuts, 
<2.5%; watermelons, 15%; wheat, 5%; wheat seed (seed treatment), <1%. 
For crops not specified, 100 PCT was used.
    In most cases, EPA uses available data from United States 
Department of Agriculture/National Agricultural Statistics Service 
(USDA/NASS), proprietary market surveys, and California Department of 
Pesticide Regulation (CalDPR) Pesticide Use Reporting (PUR) for the 
chemical/crop combination for the most recent 10 years. EPA uses an 
average PCT for chronic dietary risk analysis and a maximum PCT for 
acute dietary risk analysis. The average PCT figures for each existing 
use is derived by combining available public and private market survey 
data for that use, averaging across all observations, and rounding up 
to the nearest 5%, except for those situations in which the average PCT 
is less than 1% or less than 2.5%. In those cases, the Agency would use 
less than 1% or less than 2.5% as the average PCT value, respectively. 
The maximum PCT figure is the highest observed maximum value reported 
within the most recent 10 years of available public and private market 
survey data for the existing use and rounded up to the nearest multiple 
of 5%, except where the maximum PCT is less than 2.5%, in which case, 
the Agency uses less than 2.5% as the maximum PCT.
    The Agency believes that the three conditions discussed in Unit 
III.C.1.iv. have been met. With respect to Condition a, PCT estimates 
are derived from Federal and private market survey data, which are 
reliable and have a valid basis. The Agency is reasonably certain that 
the percentage of the food treated is not likely to be an 
underestimation. As to Conditions b and c, regional consumption 
information and consumption information for significant subpopulations 
is taken into account through EPA's computer-based model for evaluating 
the exposure of significant subpopulations including several regional 
groups. Use of this consumption information in EPA's risk assessment 
process ensures that EPA's exposure estimate does not understate 
exposure for any significant subpopulation group and allows the Agency 
to be reasonably certain that no regional population is exposed to 
residue levels higher than those estimated by the Agency. Other than 
the data available through national food consumption surveys, EPA does 
not have available reliable information on the regional consumption of 
food to which azoxystrobin may be applied in a particular area.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment

[[Page 57337]]

for azoxystrobin in drinking water. These simulation models take into 
account data on the physical, chemical, and fate/transport 
characteristics of azoxystrobin. 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 Surface Water Concentration Calculator (SWCC) and 
Screening Concentration in Ground Water (SCI-GROW) models, the 
estimated drinking water concentrations (EDWCs) of azoxystrobin for 
acute exposures are estimated to be 70.2 parts per billion (ppb) for 
surface water and 3.1 ppb for ground water. For chronic exposures for 
non-cancer assessments the EDWCs of azoxystrobin are estimated to be 
48.5 ppb for surface water and 3.1 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For acute dietary risk 
assessment, the water concentration value of 70.2 ppb was used to 
assess the contribution to drinking water. For chronic dietary risk 
assessment, the water concentration of value 48.5 ppb was used to 
assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets). Azoxystrobin is 
currently registered for the following uses that could result in 
residential exposures: Conventional residential use on turf and 
ornamentals and antimicrobial uses as a materials preservative in 
paints and plastics. The proposed use will not result in additional 
residential exposures. Existing residential uses result in (1) short-
term handler dermal and inhalation exposures for adults; (2) short-term 
post-application dermal exposures for adults, youth 11 to 16 years old, 
children 6 to 11 years old, and children 1 to <2 years old; and (3) 
short-term incidental oral exposures to children 1 to <2 years old. 
Since the effects from inhalation exposure differ from effects from 
oral exposure, the residential handler exposures are not aggregated 
with dietary exposures. No hazard was identified for dermal exposure. 
The Agency's assessment of risk aggregates residential exposure from 
hand-to-mouth incidental oral exposures to children 1 to <2 years old 
from preserved vinyl flooring.
    Further information regarding EPA standard assumptions and generic 
inputs for residential exposures may be found at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA has not found azoxystrobin to share a common mechanism of 
toxicity with any other substances, and azoxystrobin does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
azoxystrobin 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 data available to EPA support the choice of a different 
factor.
    2. Prenatal and postnatal sensitivity. No developmental effects 
were seen in the rabbit and rat developmental toxicity studies, and no 
reproductive or offspring effects were seen in the 2-generation rat 
reproduction study. In the reproduction study, decreased body weights 
and increased adjusted liver weights were observed at the same dose in 
both offspring and parental animals. Therefore, the toxicity data 
showed no increased susceptibility in the young.
    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 all exposure scenarios except acute 
exposure and episodic granule ingestion. For assessing acute dietary 
risk and episodic oral ingestion of granules, EPA is retaining an FQPA 
factor of 3X to account for the use of a LOAEL from the acute 
neurotoxicity study to derive an acute reference dose. The Agency 
believes that a 3X FQPA SF (as opposed to a 10X) will be adequate to 
extrapolate a NOAEL in assessing acute risk based on the following 
considerations:
     The LOAEL is based on a transient effect (diarrhea in 
rats) expected to be relatively insignificant in nature. This effect is 
also seen in other chemicals of the same class.
     The diarrhea was only seen in studies using gavage dosing 
in the rat, but not in studies using repeat dosing through dietary 
administration in rats or mice, and not through gavage dosing in 
rabbits.
     The very high dose level needed to reach the acute oral 
lethal dose (LD)50 (>5,000 mg/kg), and the overall low 
toxicity of azoxystrobin.
    The decision to reduce the FQPA safety factor to 1X for the 
assessment of the remaining exposure scenarios is based on the 
following findings:
    i. The toxicity database for azoxystrobin is considered sufficient 
for selecting toxicity endpoints and PODs for risk assessment.
    ii. There is no indication that azoxystrobin is a neurotoxic 
chemical. There was no evidence of neurotoxicity seen in the acute 
neurotoxicity study in rats from a single gavage dose up to 2,000 mg/
kg. There was also no evidence of neurotoxicity seen in the subchronic 
neurotoxicity study in rats up to the highest dose tested (201 mg/kg/
day). Therefore, there is no need for a developmental neurotoxicity 
study or additional UFs to account for neurotoxicity.
    iii. There is no evidence that azoxystrobin results in increased 
susceptibility in in utero rats or rabbits in the prenatal 
developmental studies or in young rats in the 2-generation reproduction 
study. In the reproduction study, the offspring and the parental 
effects occurred at the same dose level.
    iv. There are no residual uncertainties identified in the exposure 
databases. The acute dietary (food) exposure assessments utilized 
conservative upper-bound inputs including assuming 100% CT and 
tolerance-level residues for all commodities except citrus fruits where 
the highest field trial residue was

[[Page 57338]]

used as a refinement. The chronic dietary exposure assessment was 
partially refined, and used tolerance-level residues for all 
commodities and PCT information for selected crops. EPA made 
conservative (protective) assumptions in the ground and surface water 
modeling used to assess exposure to azoxystrobin 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 azoxystrobin.

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. An acute aggregate risk assessment takes into 
account acute exposure estimates from dietary consumption of food and 
drinking water. Using the exposure assumptions discussed in this unit 
for acute exposure, the acute dietary exposure from food and water to 
azoxystrobin will occupy 82% of the aPAD for children 1-2 years old, 
the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
azoxystrobin from food and water will utilize 18% of the cPAD for 
children 1-2 years 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 
azoxystrobin is not expected.
    3. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level). Azoxystrobin 
is currently registered for uses that could result in short-term 
residential exposure, and the Agency has determined that it is 
appropriate to aggregate chronic exposure through food and water with 
short-term residential exposures to azoxystrobin.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water, 
and residential exposures result in aggregate MOEs of 390 for children 
1 to <2 years old. Because EPA's level of concern for azoxystrobin is a 
MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). Because no intermediate-term adverse effect was identified, 
azoxystrobin is not expected to pose an intermediate-term risk. 
Therefore, the intermediate-term aggregate risk would be equivalent to 
the chronic dietary exposure estimate.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, azoxystrobin is not expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to azoxystrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography with nitrogen-
phosphorus detector (GC/NPD) method, RAM 243/04) is available to 
enforce the tolerance expression for residues of azoxystrobin and its 
Z-isomer in crop commodities. This method (designated RAM 243, dated 5/
15/98) has been submitted to FDA for inclusion in the Pesticide 
Analytical Manual (PAM, Volume II).
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
residuemethods@epa.gov.

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 established MRLs for azoxystrobin in or on root and 
tuber vegetables (except potato) at 1.0 ppm. This MRL is the same as 
the tolerance being established for azoxystrobin in the United States.

C. Response to Comments

    EPA received ten comments to the docket EPA-HQ-OPP-2017-0744. 
However, only three comments were in response to the petition filed by 
Syngenta Crop Protection. One comment (ID: EPA-HQ-OPP-2017-0744-0007) 
among the three, is inclusive of the other two comments (ID: EPA-HQ-
OPP-2017-0744-0008 and EPA-HQ-OPP-2017-0744-0009), and describes 
portions of the content of the Federal Register notice EPA published on 
March 6, 2018 (83 FR 9471), and expresses support for tolerances. The 
remaining seven comments were not germane to this action, therefore no 
further response from the Agency is required.

D. Revisions to Petitioned-For Tolerances

    The Agency recommends increasing the tolerance for vegetable, root, 
except sugar beet, subgroup 1B from the proposed 0.5 ppm to 1.0 ppm to 
harmonize with the existing Codex MRL. Additionally, the Agency is 
revising the significant figure on root vegetables subgroup 1B based on 
current policy and revising the commodity definition to reflect the 
common commodity vocabulary currently used by the Agency. The commodity 
definition was revised from vegetable, root, subgroup 1B to vegetable, 
root, except sugar beet, subgroup 1B.

V. Conclusion

    Therefore, tolerances are established for residues of azoxystrobin, 
in or on beet, sugar, roots at 5.0 ppm and vegetable, root, except 
sugar beet, subgroup 1B at 1.0 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

[[Page 57339]]

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) nor is it considered a regulatory action under 
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: November 1, 2018.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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


0
2. In Sec.  180.507:
0
a. Remove the entry for ``Vegetable, root, subgroup 1A'' from the table 
in paragraph (a)(1).
0
b. Add alphabetically ``Beet, sugar, roots''; and ``Vegetable, root, 
except sugar beet, subgroup 1B'' to the table in paragraph (a)(1).
    The additions read as follows:


Sec.  180.507  Azoxystrobin; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Beet, sugar, roots..........................................         5.0
 
                                * * * * *
Vegetable, root, except sugar beet, subgroup 1B.............         1.0
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-24974 Filed 11-14-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations                                            57333

                                             that time,’’ the EPA explained, states                   appropriateness of the 2009 NSR                         Under section 307(b)(1) of the Act, to
                                             ‘‘may also begin applying EPA’s                          Aggregation Action, we are hereby                     the extent that this action is judicially
                                             interpretations to the extent they do not                lifting the indefinite administrative stay            reviewable, petitions for judicial review
                                             conflict with their approved SIPs.’’ Id.                 and announcing the effective date of the              of this action must be filed in the United
                                             We now believe it is likely that state and               action. The effective date of the 2009                States Court of Appeals for the District
                                             local permitting authorities would have                  NSR Aggregation Action, published in                  of Columbia Circuit by January 14, 2019.
                                             understood this straightforward                          the Federal Register on January 15,
                                             explanation.                                                                                                   VII. Statutory Authority
                                                                                                      2009 (74 FR 2376), and delayed on
                                                Further, as previously discussed,                     February 13, 2009 (74 FR 7284), May 14,                  The statutory authority for this action
                                             determining whether a source has                         2009 (74 FR 22693), and May 18, 2010                  is provided by section 301(a) of the CAA
                                             sought to circumvent NSR by failing to                   (75 FR 27643), begins again on                        as amended (42 U.S.C. 7601(a)). This
                                             treat nominally-separate activities as a                 November 15, 2018.                                    document is also subject to section
                                             single project is inherently case-specific                                                                     307(d) of the CAA (42 U.S.C. 7407(d)).
                                             and fact-dependent. Given this, it is not                IV. Environmental Justice
                                                                                                      Considerations                                         Dated: November 7, 2018.
                                             reasonable to imagine that perfect                                                                             Andrew R. Wheeler,
                                             clarity could ever be achieved. To the                      We believe that this action does not               Acting Administrator.
                                             extent, however, that the 2009 NSR                       have any effect on environmental justice
                                             Aggregation Action, in setting forth both                                                                      [FR Doc. 2018–24820 Filed 11–14–18; 8:45 am]
                                                                                                      communities. Through this action, the
                                             the ‘‘substantially related’’                            EPA is affirming its interpretation that
                                                                                                                                                            BILLING CODE 6560–50–P

                                             interpretation and the EPA’s policy for                  its current NSR regulations allow for the
                                             applying that interpretation, provides                   2009 NSR Aggregation Action and, as
                                             some meaningful guidance to sources                                                                            ENVIRONMENTAL PROTECTION
                                                                                                      such, no increased burden is expected                 AGENCY
                                             and to state and local permitting                        for source owners, permitting
                                             authorities, we fail to understand how                   authorities, or environmental justice                 40 CFR Part 180
                                             revoking the 2009 NSR Aggregation                        communities.
                                             Action would serve to promote clarity.                                                                         [EPA–HQ–OPP–2017–0744; FRL–9985–45]
                                                Indeed, in this regard, we believe in                 V. Executive Order 12866: Regulatory
                                             most cases that sources and state and                    Planning and Review and Executive                     Azoxystrobin; Pesticide Tolerances
                                             local air agencies already implement a                   Order 13563: Improving Regulation and                 AGENCY:  Environmental Protection
                                             standard that is similar to the                          Regulatory Review                                     Agency (EPA).
                                             substantially related standard. To the
                                                                                                        This action is a significant action that            ACTION: Final rule.
                                             extent that a state or local air agency
                                                                                                      was submitted to the Office of
                                             desires to formally adopt the 2009 NSR                                                                         SUMMARY:   This regulation establishes
                                                                                                      Management and Budget (OMB) for
                                             Aggregation Action, the EPA will                                                                               tolerances for residues of azoxystrobin
                                                                                                      review. Any changes made in response
                                             provide support to those agencies to                                                                           in or on beet, sugar, roots and vegetable,
                                                                                                      to OMB recommendations have been
                                             process SIP submittals and issue                                                                               root, except sugar beet, subgroup 1B.
                                                                                                      documented in the docket.
                                             approvals, as warranted. In most cases,                                                                        Syngenta Crop Protection, LLC
                                             however, we do not think changes in                      VI. Judicial Review                                   requested these tolerances under the
                                             state plans would be needed to                                                                                 Federal Food, Drug, and Cosmetic Act
                                                                                                         Section 307(b)(1) of the CAA indicates
                                             implement this interpretation.                                                                                 (FFDCA).
                                                                                                      which Federal Courts of Appeal have
                                             C. Completing the Reconsideration                        venue for petitions of review of final                DATES: This regulation is effective
                                             Proceeding                                               agency actions by the EPA under the                   November 15, 2018. Objections and
                                               We believe that this final action                      CAA. This section provides, in part, that             requests for hearings must be received
                                             addresses the concerns raised by the                     petitions for review must be filed in the             on or before January 14, 2019, and must
                                             petitioner with respect to the 2009 NSR                  U.S. Court of Appeals for the District of             be filed in accordance with the
                                             Aggregation Action—e.g., adequate                        Columbia Circuit (i) when the agency                  instructions provided in 40 CFR part
                                             notice and logical outgrowth, the legal                  action consists of ‘‘nationally applicable            178 (see also Unit I.C. of the
                                             underpinnings of the action, state                       regulations promulgated, or final actions             SUPPLEMENTARY INFORMATION).
                                             adoption, and our need to change or                      taken, by the Administrator’’ or (ii)                 ADDRESSES: The docket for this action,
                                             clarify our aggregation policy.                          when such action is locally or regionally             identified by docket identification (ID)
                                             Accordingly, this action concludes the                   applicable, if ‘‘such action is based on              number EPA–HQ–OPP–2017–0744, is
                                             reconsideration proceeding of the 2009                   a determination of nationwide scope or                available at http://www.regulations.gov
                                             NSR Aggregation Action.                                  effect and if in taking such action the               or at the Office of Pesticide Programs
                                                                                                      Administrator finds and publishes that                Regulatory Public Docket (OPP Docket)
                                             D. Lifting the Administrative Stay;                      such action is based on such a                        in the Environmental Protection Agency
                                             Announcement of Effective Date                           determination.’’                                      Docket Center (EPA/DC), West William
                                                On May 18, 2010, after a series of                       This action completes the                          Jefferson Clinton Bldg., Rm. 3334, 1301
                                             temporary administrative stays of the                    reconsideration proceeding and makes                  Constitution Ave. NW, Washington, DC
                                             2009 NSR Aggregation Action, the EPA                     effective the 2009 NSR Aggregation                    20460–0001. The Public Reading Room
                                             exercised the provisions of the APA                      Action. The 2009 NSR Aggregation                      is open from 8:30 a.m. to 4:30 p.m.,
                                             section 705 to postpone the                              Action is an interpretation of NSR rule               Monday through Friday, excluding legal
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                                             effectiveness of the action ‘‘until                      language that applies in every state and              holidays. The telephone number for the
                                             judicial review is no longer pending or                  territory in the United States where EPA              Public Reading Room is (202) 566–1744,
                                             the EPA completes the reconsideration                    is the permitting authority. Therefore, to            and the telephone number for the OPP
                                             process.’’ 75 FR 27644. Since this action                the extent that this action is a ‘‘final              Docket is (703) 305–5805. Please review
                                             concludes the reconsideration                            action,’’ it is ‘‘nationally applicable’’             the visitor instructions and additional
                                             proceeding, and we have affirmed the                     within the meaning of CAA section                     information about the docket available
                                             legal consistency and policy                             307(b)(1).                                            at http://www.epa.gov/dockets.


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                                             57334            Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations

                                             FOR FURTHER INFORMATION CONTACT:                         Information not marked confidential                   III. Aggregate Risk Assessment and
                                             Michael Goodis, Registration Division                    pursuant to 40 CFR part 2 may be                      Determination of Safety
                                             (7505P), Office of Pesticide Programs,                   disclosed publicly by EPA without prior                  Section 408(b)(2)(A)(i) of FFDCA
                                             Environmental Protection Agency, 1200                    notice. Submit the non-CBI copy of your               allows EPA to establish a tolerance (the
                                             Pennsylvania Ave. NW, Washington, DC                     objection or hearing request, identified              legal limit for a pesticide chemical
                                             20460–0001; main telephone number:                       by docket ID number EPA–HQ–OPP–                       residue in or on a food) only if EPA
                                             (703) 305–7090; email address:                           2017–0744, by one of the following                    determines that the tolerance is ‘‘safe.’’
                                             RDFRNotices@epa.gov.                                     methods:                                              Section 408(b)(2)(A)(ii) of FFDCA
                                             SUPPLEMENTARY INFORMATION:                                 • Federal eRulemaking Portal: http://               defines ‘‘safe’’ to mean that ‘‘there is a
                                             I. General Information                                   www.regulations.gov. Follow the online                reasonable certainty that no harm will
                                                                                                      instructions for submitting comments.                 result from aggregate exposure to the
                                             A. Does this action apply to me?                         Do not submit electronically any                      pesticide chemical residue, including
                                                You may be potentially affected by                    information you consider to be CBI or                 all anticipated dietary exposures and all
                                             this action if you are an agricultural                   other information whose disclosure is                 other exposures for which there is
                                             producer, food manufacturer, or                          restricted by statute.                                reliable information.’’ This includes
                                             pesticide manufacturer. The following                                                                          exposure through drinking water and in
                                                                                                        • Mail: OPP Docket, Environmental
                                             list of North American Industrial                                                                              residential settings, but does not include
                                                                                                      Protection Agency Docket Center (EPA/
                                             Classification System (NAICS) codes is                                                                         occupational exposure. Section
                                                                                                      DC), (28221T), 1200 Pennsylvania Ave.
                                             not intended to be exhaustive, but rather                                                                      408(b)(2)(C) of FFDCA requires EPA to
                                                                                                      NW, Washington, DC 20460–0001.
                                             provides a guide to help readers                                                                               give special consideration to exposure
                                             determine whether this document                            • Hand Delivery: To make special                    of infants and children to the pesticide
                                             applies to them. Potentially affected                    arrangements for hand delivery or                     chemical residue in establishing a
                                             entities may include:                                    delivery of boxed information, please                 tolerance and to ‘‘ensure that there is a
                                                • Crop production (NAICS code 111).                   follow the instructions at http://                    reasonable certainty that no harm will
                                                • Animal production (NAICS code                       www.epa.gov/dockets/contacts.html.                    result to infants and children from
                                             112).                                                    Additional instructions on commenting                 aggregate exposure to the pesticide
                                                • Food manufacturing (NAICS code                      or visiting the docket, along with more               chemical residue. . . .’’
                                             311).                                                    information about dockets generally, is                  Consistent with FFDCA section
                                                • Pesticide manufacturing (NAICS                      available at http://www.epa.gov/                      408(b)(2)(D), and the factors specified in
                                             code 32532).                                             dockets.                                              FFDCA section 408(b)(2)(D), EPA has
                                                                                                                                                            reviewed the available scientific data
                                             B. How can I get electronic access to                    II. Summary of Petitioned-For
                                                                                                                                                            and other relevant information in
                                             other related information?                               Tolerance
                                                                                                                                                            support of this action. EPA has
                                                You may access a frequently updated                      In the Federal Register of March 6,                sufficient data to assess the hazards of
                                             electronic version of EPA’s tolerance                    2018 (83 FR 9471) (FRL–9973–27), EPA                  and to make a determination on
                                             regulations at 40 CFR part 180 through                   issued a document pursuant to FFDCA                   aggregate exposure for azoxystrobin
                                             the Government Printing Office’s e-CFR                   section 408(d)(3), 21 U.S.C. 346a(d)(3),              including exposure resulting from the
                                             site at http://www.ecfr.gov/cgi-bin/text-                announcing the filing of a pesticide                  tolerances established by this action.
                                             idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                     petition (PP 7F8590) by Syngenta Crop                 EPA’s assessment of exposures and risks
                                             40tab_02.tpl.                                            Protection, LLC, 18300 Greensboro                     associated with azoxystrobin follows.
                                             C. How can I file an objection or hearing                Road, NC. The petition requested that                 A. Toxicological Profile
                                             request?                                                 40 CFR 180.507 be amended by
                                                                                                      establishing tolerances for residues of                  EPA has evaluated the available
                                               Under FFDCA section 408(g), 21                         the fungicide azoxystrobin, in or on                  toxicity data and considered its validity,
                                             U.S.C. 346a, any person may file an                                                                            completeness, and reliability as well as
                                                                                                      beet, sugar, roots at 5.0 parts per million
                                             objection to any aspect of this regulation                                                                     the relationship of the results of the
                                                                                                      (ppm) and vegetable, root, subgroup 1B
                                             and may also request a hearing on those                                                                        studies to human risk. EPA has also
                                                                                                      at 0.5 ppm. The petition also requested
                                             objections. You must file your objection                                                                       considered available information
                                                                                                      that the tolerance for vegetable, root,
                                             or request a hearing on this regulation                                                                        concerning the variability of the
                                                                                                      subgroup 1A be removed once these
                                             in accordance with the instructions                                                                            sensitivities of major identifiable
                                                                                                      new tolerances are established. That
                                             provided in 40 CFR part 178. To ensure                                                                         subgroups of consumers, including
                                                                                                      document referenced a summary of the
                                             proper receipt by EPA, you must                                                                                infants and children.
                                                                                                      petition prepared by Syngenta Crop
                                             identify docket ID number EPA–HQ–                                                                                 With repeated dosing by the oral
                                                                                                      Protection, the registrant, which is                  route, the liver and bile ducts were
                                             OPP–2017–0744 in the subject line on
                                                                                                      available in the docket, http://                      consistently affected by azoxystrobin.
                                             the first page of your submission. All
                                                                                                      www.regulations.gov. Comments were                    Liver and biliary effects were seen in
                                             objections and requests for a hearing
                                                                                                      received on the notice of filing. EPA’s               rats (increased liver weights, gross and
                                             must be in writing, and must be
                                             received by the Hearing Clerk on or                      response to these comments is                         histopathological lesions of the bile duct
                                             before January 14, 2019. Addresses for                   discussed in Unit IV.C.                               and liver), and in dogs (increased liver
                                             mail and hand delivery of objections                        Based upon review of the data                      weights, clinical observations including
                                             and hearing requests are provided in 40                  supporting the petition, EPA is                       fluid feces and salivation) and clinical
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                                             CFR 178.25(b).                                           establishing the tolerance level for                  chemistry alterations (including
                                               In addition to filing an objection or                  vegetable, root, subgroup 1B at 1.0 ppm               increased serum levels of alkaline
                                             hearing request with the Hearing Clerk                   instead of 0.5 ppm. Additionally, the                 phosphatase, and gamma-glutamyl
                                             as described in 40 CFR part 178, please                  Agency has revised the commodity                      transferase; and decreases in serum
                                             submit a copy of the filing (excluding                   name to vegetable, root, except sugar                 albumin). The effects seen are indicative
                                             any Confidential Business Information                    beet, subgroup 1B. The reason for these               of changes to liver/biliary function.
                                             (CBI)) for inclusion in the public docket.               changes are explained in Unit IV.D.                   Decreased body weight (rats and mice)


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                                                                Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations                                                           57335

                                             and decreased body weight gain (rats                                azoxystrobin, a developmental                               toxicological points of departure (POD)
                                             and rabbits) were also consistent                                   neurotoxicity study in rats is not                          and levels of concern to use in
                                             findings across studies and species.                                needed.                                                     evaluating the risk posed by human
                                             Other effects including decreased food                                 Although azoxystrobin induced a                          exposure to the pesticide. For hazards
                                             intake/utilization, increased diarrhea                              weak mutagenic response in the mouse                        that have a threshold below which there
                                             and other clinical toxicity observations                            lymphoma assay (non-linear, slight but                      is no appreciable risk, the toxicological
                                             such as urinary incontinence, salivation,                           significant increases in the mutation                       POD is used as the basis for derivation
                                             hunched postures and distended                                      frequency of mouse lymphoma cells),                         of reference values for risk assessment.
                                             abdomens were also seen in various                                  the activity expressed in vitro is not                      PODs are developed based on a careful
                                             studies (developmental toxicity,                                    expected to be expressed in whole                           analysis of the doses in each
                                             reproduction, and 90-day oral toxicity)                             animals. There was no evidence of
                                                                                                                                                                             toxicological study to determine the
                                             in rats. Inhalation exposure to a soluble-                          carcinogenicity in rats and mice at
                                                                                                                                                                             dose at which no adverse effects are
                                             concentrate (SC) formulation of                                     acceptable tested dose levels; therefore,
                                                                                                                 azoxystrobin is classified as ‘‘not likely                  observed (the NOAEL) and the lowest
                                             azoxystrobin resulted in adverse                                                                                                dose at which adverse effects of concern
                                             microscopic changes in the nasal cavity                             to be carcinogenic to humans’’.
                                                                                                                    Azoxystrobin has a low order of acute                    are identified (the LOAEL). Uncertainty/
                                             and larynx.                                                                                                                     safety factors are used in conjunction
                                                                                                                 toxicity via oral, dermal and inhalation
                                                No developmental effects were seen                                                                                           with the POD to calculate a safe
                                                                                                                 routes of exposure. Azoxystrobin is not
                                             in the rabbit and rat developmental                                                                                             exposure level—generally referred to as
                                                                                                                 an eye or skin irritant and is not a skin
                                             toxicity studies and no reproductive or                                                                                         a population-adjusted dose (PAD) or a
                                                                                                                 sensitizer.
                                             offspring effects were seen in the 2-                                  Specific information on the studies                      reference dose (RfD)—and a safe margin
                                             generation rat reproduction study. In the                           received and the nature of the adverse                      of exposure (MOE). For non-threshold
                                             reproduction study, decreased body                                  effects caused by azoxystrobin as well as                   risks, the Agency assumes that any
                                             weights and increased adjusted liver                                the no-observed-adverse-effect-level                        amount of exposure will lead to some
                                             weights were observed at the same dose                              (NOAEL) and the lowest-observed-                            degree of risk. Thus, the Agency
                                             in both offspring and parental animals.                             adverse-effect-level (LOAEL) from the
                                             Therefore, the toxicity data showed no                                                                                          estimates risk in terms of the probability
                                                                                                                 toxicity studies can be found at http://                    of an occurrence of the adverse effect
                                             increased susceptibility in the young.                              www.regulations.gov in document                             expected in a lifetime. For more
                                                In the acute and subchronic                                      Azoxystrobin: Human Health Risk                             information on the general principles
                                             neurotoxicity studies, there were no                                Assessment for a New Post-Harvest Use                       EPA uses in risk characterization and a
                                             consistent indications of treatment-                                on Sugar Beets and Amend the existing                       complete description of the risk
                                             related neurotoxicity. There was no                                 Vegetable, Root, Subgroup 1A to                             assessment process, see http://
                                             evidence of neurotoxicity seen in the                               Vegetable, Root, Subgroup 1B (except
                                             acute neurotoxicity study in rats from a                                                                                        www2.epa.gov/pesticide-science-and-
                                                                                                                 Sugar Beets) at pages 11–18 in docket ID                    assessing-pesticide-risks/assessing-
                                             single gavage dose up to 2,000 mg/kg.                               number EPA–HQ–OPP–2017–0744.
                                             There was also no evidence of                                                                                                   human-health-risk-pesticides.
                                             neurotoxicity seen in the subchronic                                B. Toxicological Points of Departure/                          A summary of the toxicological
                                             neurotoxicity study in rats up to the                               Levels of Concern                                           endpoints for azoxystrobin used for
                                             highest dose tested (201 mg/kg/day).                                  Once a pesticide’s toxicological                          human risk assessment is shown in
                                             Based on the toxicity profile of                                    profile is determined, EPA identifies                       Table 1 of this unit.
                                               TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR AZOXYSTROBIN FOR USE IN HUMAN HEALTH RISK
                                                                                          ASSESSMENT
                                                                                                  Point of departure and      RfD, PAD, LOC for risk
                                                        Exposure/scenario                                                                                                      Study and toxicological effects
                                                                                                 uncertainty/safety factors        assessment

                                             Acute dietary (All populations) ...........         LOAEL = 200 mg/kg/day        Acute RfD = 0.67 mg/       Acute Neurotoxicity—Rat.
                                                                                                 UFA = 10x                      kg/day.                  LOAEL = 200 mg/kg/day based on diarrhea at two-hours post dose at
                                                                                                 UFH = 10x                    aPAD = 0.67 mg/kg/day        all dose levels tested.
                                                                                                 FQPA SF = 3x
                                             Chronic dietary (All populations) ........          NOAEL = 18 mg/kg/day         Chronic RfD = 0.18 mg/     Combined Chronic Toxicity/Carcinogenicity Feeding Study—Rat.
                                                                                                 UFA = 10x                      kg/day.                  LOAEL = 82.4/117 mg/kg/day (M/F) based on reduced body weights in
                                                                                                 UFH = 10x                    cPAD = 0.18 mg/kg/day        both sexes and bile duct lesions in males.
                                                                                                 FQPA SF = 1x
                                             Episodic granule ingestion (Children                LOAEL = 200 mg/kg/day        Residential LOC for        Acute Neurotoxicity—Rat.
                                               1 to <2 years old).                               UFA = 10x                      MOE = 300.               LOAEL = 200 mg/kg/day based on diarrhea at two-hours post dose at
                                                                                                 UFH = 10x                                                 all dose levels tested.
                                                                                                 FQPA SF = 3x
                                             Incidental oral short-term (1–30 days)              NOAEL = 35 mg/kg/day         Residential LOC for        2-generation reproduction study—Rats.
                                               (Intermediate-term (1–6 months)).                 UFA= 10x                       MOE = 100.               LOAEL = 165 mg/kg/day based on decreased pup weights in both
                                                                                                 UFH = 10x                                                 males and females (↓8–21%).
                                                                                                 FQPA SF = 1x
                                             Inhalation (All durations) ....................     Inhalation study NOAEL       LOC for MOE = 30 ......    28-Day inhalation toxicity study in rats on SC formulation+.
                                                                                                   = 3.8 μg/L (inhalation                                LOAEL = 12.2 μg/L based on adverse histopathological changes in the
                                                                                                   absorption rate =                                       larynx (squamous metaplasia) and nasal cavity (metaplasia of the
                                                                                                   100%).                                                  respiratory epithelium). There was an increase in severity with in-
                                                                                                 UFA = 3x                                                  creases in the test concentrations.
                                                                                                 UFH = 10x
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                                                                                                 FQPA SF = 1x

                                             Cancer (Oral, dermal, inhalation) ......                                         Azoxystrobin is classified as ‘‘not likely to be carcinogenic to humans’’.
                                                FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day.
                                             MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncer-
                                             tainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies).




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                                             57336            Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations

                                             C. Exposure Assessment                                   pursuant to FFDCA section 408(f)(1)                      In most cases, EPA uses available data
                                                1. Dietary exposure from food and                     that data be provided 5 years after the               from United States Department of
                                             feed uses. In evaluating dietary                         tolerance is established, modified, or                Agriculture/National Agricultural
                                             exposure to azoxystrobin, EPA                            left in effect, demonstrating that the                Statistics Service (USDA/NASS),
                                             considered exposure under the                            levels in food are not above the levels               proprietary market surveys, and
                                             petitioned-for tolerances as well as all                 anticipated. For the present action, EPA              California Department of Pesticide
                                             existing azoxystrobin tolerances in 40                   will issue such data call-ins as are                  Regulation (CalDPR) Pesticide Use
                                             CFR 180.507. EPA assessed dietary                        required by FFDCA section 408(b)(2)(E)                Reporting (PUR) for the chemical/crop
                                                                                                      and authorized under FFDCA section                    combination for the most recent 10
                                             exposures from azoxystrobin in food as
                                                                                                      408(f)(1). Data will be required to be                years. EPA uses an average PCT for
                                             follows:
                                                i. Acute exposure. Quantitative acute                 submitted no later than 5 years from the              chronic dietary risk analysis and a
                                             dietary exposure and risk assessments                    date of issuance of these tolerances.                 maximum PCT for acute dietary risk
                                                                                                         Section 408(b)(2)(F) of FFDCA states               analysis. The average PCT figures for
                                             are performed for a food-use pesticide,
                                                                                                      that the Agency may use data on the                   each existing use is derived by
                                             if a toxicological study has indicated the
                                                                                                      actual percent of food treated for                    combining available public and private
                                             possibility of an effect of concern
                                                                                                      assessing chronic dietary risk only if:               market survey data for that use,
                                             occurring as a result of a 1-day or single
                                                                                                         • Condition a: The data used are                   averaging across all observations, and
                                             exposure. Such effects were identified
                                                                                                      reliable and provide a valid basis to                 rounding up to the nearest 5%, except
                                             for azoxystrobin. In estimating acute
                                                                                                      show what percentage of the food                      for those situations in which the average
                                             dietary exposure, EPA used food
                                                                                                      derived from such crop is likely to                   PCT is less than 1% or less than 2.5%.
                                             consumption information from the
                                                                                                      contain the pesticide residue.                        In those cases, the Agency would use
                                             United States Department of Agriculture
                                                                                                         • Condition b: The exposure estimate               less than 1% or less than 2.5% as the
                                             (USDA) Nationwide Health and                                                                                   average PCT value, respectively. The
                                             Nutrition Examination Survey, What We                    does not underestimate exposure for any
                                                                                                      significant subpopulation group.                      maximum PCT figure is the highest
                                             Eat in America (NHANES/WWEIA)                                                                                  observed maximum value reported
                                             conducted from 2003–2008. As to                             • Condition c: Data are available on
                                                                                                      pesticide use and food consumption in                 within the most recent 10 years of
                                             residue levels in food, the acute dietary                                                                      available public and private market
                                             analysis was obtained from the Dietary                   a particular area, the exposure estimate
                                                                                                      does not understate exposure for the                  survey data for the existing use and
                                             Exposure Evaluation Model using the                                                                            rounded up to the nearest multiple of
                                             Food Commodity Intake Database                           population in such area.
                                                                                                                                                            5%, except where the maximum PCT is
                                             (DEEM–FCID; version 3.16). The                              In addition, the Agency must provide
                                                                                                                                                            less than 2.5%, in which case, the
                                             assessment is based on 100% of the                       for periodic evaluation of any estimates
                                                                                                                                                            Agency uses less than 2.5% as the
                                             registered crops treated, and tolerance-                 used. To provide for the periodic
                                                                                                                                                            maximum PCT.
                                             level residues for all existing and                      evaluation of the estimate of PCT as                     The Agency believes that the three
                                             proposed commodities, except citrus                      required by FFDCA section 408(b)(2)(F),               conditions discussed in Unit III.C.1.iv.
                                             fruits where the highest field trial                     EPA may require registrants to submit                 have been met. With respect to
                                             residue was used as a refinement.                        data on PCT.                                          Condition a, PCT estimates are derived
                                                ii. Chronic exposure. In conducting                      The Agency estimated the PCT for                   from Federal and private market survey
                                             the chronic dietary exposure assessment                  existing uses for the chronic dietary                 data, which are reliable and have a valid
                                             EPA used the food consumption data                       exposure assessment as follows:                       basis. The Agency is reasonably certain
                                             from the USDA Nationwide Health and                      Almonds, 20%; apricots, 10%;                          that the percentage of the food treated
                                             Nutrition Examination Survey, What We                    artichokes, 20%; asparagus, <2.5%;                    is not likely to be an underestimation.
                                             Eat in America (NHANES/WWEIA)                            barley, <2.5%; green beans, 15%;                      As to Conditions b and c, regional
                                             conducted from 2003–2008. As to                          blueberries, 15%; broccoli, 10%;                      consumption information and
                                             residue levels in food, the chronic                      cabbage, 10%; caneberries, 5%;                        consumption information for significant
                                             dietary analysis was obtained from the                   cantaloupes, 20%; carrots, 10%;                       subpopulations is taken into account
                                             Dietary Exposure Evaluation Model                        cauliflower, <2.5%; celery, 10%; corn,                through EPA’s computer-based model
                                             using the Food Commodity Intake                          <2.5%; cotton, <2.5%; cotton (seed                    for evaluating the exposure of
                                             Database (DEEM–FCID; version 3.16).                      treatment), 25%; cucumbers, 20%; dry                  significant subpopulations including
                                             The assessment was partially refined,                    beans/peas, <2.5%; eggplant, 30%;                     several regional groups. Use of this
                                             and used tolerance-level residues for all                garlic, 70%; grapefruit, 20%; grapes,                 consumption information in EPA’s risk
                                             commodities and average percent crop                     5%; hazelnuts, 5%; lemons, <2.5%;                     assessment process ensures that EPA’s
                                             treated (PCT) estimates when available.                  lettuce, <2.5%; nectarines, <2.5%;                    exposure estimate does not understate
                                                iii. Cancer. Based on the data                        onions, 5%; oranges, 5%; peaches, 5%;                 exposure for any significant
                                             summarized in Unit III.A., EPA has                       peanuts, 20%; peanuts (seed treatment),               subpopulation group and allows the
                                             concluded that azoxystrobin does not                     30%; green peas, <2.5%; pecans, 5%;                   Agency to be reasonably certain that no
                                             pose a cancer risk to humans. Therefore,                 peppers, 20%; pistachios, 5%; plums/                  regional population is exposed to
                                             a dietary exposure assessment for the                    prunes, <2.5%; potatoes, 40%; potatoes                residue levels higher than those
                                             purpose of assessing cancer risk is                      (seed treatment), <1%; pumpkins, 20%;                 estimated by the Agency. Other than the
                                             unnecessary.                                             rice, 40%; soybeans, 5%; soybeans (seed               data available through national food
                                                iv. Anticipated residue and percent                   treatment), <1%; spinach, 10%; squash,                consumption surveys, EPA does not
                                             crop treated (PCT) information. Section                  20%; strawberries, 25%; sugar beets,                  have available reliable information on
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                                             408(b)(2)(E) of FFDCA authorizes EPA                     10%; sugar beets (seed treatment),                    the regional consumption of food to
                                             to use available data and information on                 <2.5%; sweet corn, 15%; tangelos, 25%;                which azoxystrobin may be applied in
                                             the anticipated residue levels of                        tangerines, 10%; tobacco, 15%;                        a particular area.
                                             pesticide residues in food and the actual                tomatoes, 25%; walnuts, <2.5%;                           2. Dietary exposure from drinking
                                             levels of pesticide residues that have                   watermelons, 15%; wheat, 5%; wheat                    water. The Agency used screening level
                                             been measured in food. If EPA relies on                  seed (seed treatment), <1%. For crops                 water exposure models in the dietary
                                             such information, EPA must require                       not specified, 100 PCT was used.                      exposure analysis and risk assessment


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                                                              Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations                                       57337

                                             for azoxystrobin in drinking water.                         Further information regarding EPA                     3. Conclusion. EPA has determined
                                             These simulation models take into                        standard assumptions and generic                      that reliable data show the safety of
                                             account data on the physical, chemical,                  inputs for residential exposures may be               infants and children would be
                                             and fate/transport characteristics of                    found at https://www.epa.gov/pesticide-               adequately protected if the FQPA SF
                                             azoxystrobin. Further information                        science-and-assessing-pesticide-risks/                were reduced to 1X for all exposure
                                             regarding EPA drinking water models                      standard-operating-procedures-                        scenarios except acute exposure and
                                             used in pesticide exposure assessment                    residential-pesticide.                                episodic granule ingestion. For
                                             can be found at http://www2.epa.gov/                        4. Cumulative effects from substances              assessing acute dietary risk and episodic
                                             pesticide-science-and-assessing-                         with a common mechanism of toxicity.                  oral ingestion of granules, EPA is
                                             pesticide-risks/about-water-exposure-                    Section 408(b)(2)(D)(v) of FFDCA                      retaining an FQPA factor of 3X to
                                             models-used-pesticide.                                   requires that, when considering whether               account for the use of a LOAEL from the
                                                Based on the Surface Water                            to establish, modify, or revoke a                     acute neurotoxicity study to derive an
                                             Concentration Calculator (SWCC) and                      tolerance, the Agency consider                        acute reference dose. The Agency
                                             Screening Concentration in Ground                        ‘‘available information’’ concerning the              believes that a 3X FQPA SF (as opposed
                                             Water (SCI–GROW) models, the                             cumulative effects of a particular                    to a 10X) will be adequate to extrapolate
                                             estimated drinking water concentrations                  pesticide’s residues and ‘‘other                      a NOAEL in assessing acute risk based
                                             (EDWCs) of azoxystrobin for acute                        substances that have a common                         on the following considerations:
                                             exposures are estimated to be 70.2 parts                 mechanism of toxicity.’’                                 • The LOAEL is based on a transient
                                             per billion (ppb) for surface water and                     EPA has not found azoxystrobin to                  effect (diarrhea in rats) expected to be
                                             3.1 ppb for ground water. For chronic                    share a common mechanism of toxicity                  relatively insignificant in nature. This
                                             exposures for non-cancer assessments                     with any other substances, and                        effect is also seen in other chemicals of
                                             the EDWCs of azoxystrobin are                            azoxystrobin does not appear to produce               the same class.
                                             estimated to be 48.5 ppb for surface                     a toxic metabolite produced by other                     • The diarrhea was only seen in
                                             water and 3.1 ppb for ground water.                      substances. For the purposes of this                  studies using gavage dosing in the rat,
                                                                                                      tolerance action, therefore, EPA has                  but not in studies using repeat dosing
                                                Modeled estimates of drinking water
                                                                                                      assumed that azoxystrobin does not                    through dietary administration in rats or
                                             concentrations were directly entered
                                                                                                      have a common mechanism of toxicity                   mice, and not through gavage dosing in
                                             into the dietary exposure model. For                     with other substances. For information                rabbits.
                                             acute dietary risk assessment, the water                 regarding EPA’s efforts to determine                     • The very high dose level needed to
                                             concentration value of 70.2 ppb was                      which chemicals have a common                         reach the acute oral lethal dose (LD)50
                                             used to assess the contribution to                       mechanism of toxicity and to evaluate                 (>5,000 mg/kg), and the overall low
                                             drinking water. For chronic dietary risk                 the cumulative effects of such                        toxicity of azoxystrobin.
                                             assessment, the water concentration of                   chemicals, see EPA’s website at http://                  The decision to reduce the FQPA
                                             value 48.5 ppb was used to assess the                    www2.epa.gov/pesticide-science-and-                   safety factor to 1X for the assessment of
                                             contribution to drinking water.                          assessing-pesticide-risks/cumulative-                 the remaining exposure scenarios is
                                                3. From non-dietary exposure. The                     assessment-risk-pesticides.                           based on the following findings:
                                             term ‘‘residential exposure’’ is used in                                                                          i. The toxicity database for
                                             this document to refer to non-                           D. Safety Factor for Infants and
                                                                                                                                                            azoxystrobin is considered sufficient for
                                             occupational, non-dietary exposure                       Children
                                                                                                                                                            selecting toxicity endpoints and PODs
                                             (e.g., for lawn and garden pest control,                   1. In general. Section 408(b)(2)(C) of              for risk assessment.
                                             indoor pest control, termiticides, and                   FFDCA provides that EPA shall apply                      ii. There is no indication that
                                             flea and tick control on pets).                          an additional tenfold (10X) margin of                 azoxystrobin is a neurotoxic chemical.
                                             Azoxystrobin is currently registered for                 safety for infants and children in the                There was no evidence of neurotoxicity
                                             the following uses that could result in                  case of threshold effects to account for              seen in the acute neurotoxicity study in
                                             residential exposures: Conventional                      prenatal and postnatal toxicity and the               rats from a single gavage dose up to
                                             residential use on turf and ornamentals                  completeness of the database on toxicity              2,000 mg/kg. There was also no
                                             and antimicrobial uses as a materials                    and exposure unless EPA determines                    evidence of neurotoxicity seen in the
                                             preservative in paints and plastics. The                 based on reliable data that a different               subchronic neurotoxicity study in rats
                                             proposed use will not result in                          margin of safety will be safe for infants             up to the highest dose tested (201 mg/
                                             additional residential exposures.                        and children. This additional margin of               kg/day). Therefore, there is no need for
                                             Existing residential uses result in (1)                  safety is commonly referred to as the                 a developmental neurotoxicity study or
                                             short-term handler dermal and                            FQPA Safety Factor (SF). In applying                  additional UFs to account for
                                             inhalation exposures for adults; (2)                     this provision, EPA either retains the                neurotoxicity.
                                             short-term post-application dermal                       default value of 10X, or uses a different                iii. There is no evidence that
                                             exposures for adults, youth 11 to 16                     additional safety factor when reliable                azoxystrobin results in increased
                                             years old, children 6 to 11 years old,                   data available to EPA support the choice              susceptibility in in utero rats or rabbits
                                             and children 1 to <2 years old; and (3)                  of a different factor.                                in the prenatal developmental studies or
                                             short-term incidental oral exposures to                    2. Prenatal and postnatal sensitivity.              in young rats in the 2-generation
                                             children 1 to <2 years old. Since the                    No developmental effects were seen in                 reproduction study. In the reproduction
                                             effects from inhalation exposure differ                  the rabbit and rat developmental                      study, the offspring and the parental
                                             from effects from oral exposure, the                     toxicity studies, and no reproductive or              effects occurred at the same dose level.
                                             residential handler exposures are not                    offspring effects were seen in the 2-                    iv. There are no residual uncertainties
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                                             aggregated with dietary exposures. No                    generation rat reproduction study. In the             identified in the exposure databases.
                                             hazard was identified for dermal                         reproduction study, decreased body                    The acute dietary (food) exposure
                                             exposure. The Agency’s assessment of                     weights and increased adjusted liver                  assessments utilized conservative
                                             risk aggregates residential exposure                     weights were observed at the same dose                upper-bound inputs including assuming
                                             from hand-to-mouth incidental oral                       in both offspring and parental animals.               100% CT and tolerance-level residues
                                             exposures to children 1 to <2 years old                  Therefore, the toxicity data showed no                for all commodities except citrus fruits
                                             from preserved vinyl flooring.                           increased susceptibility in the young.                where the highest field trial residue was


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                                             57338            Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations

                                             used as a refinement. The chronic                        exposures, EPA has concluded the                      Organization food standards program,
                                             dietary exposure assessment was                          combined short-term food, water, and                  and it is recognized as an international
                                             partially refined, and used tolerance-                   residential exposures result in aggregate             food safety standards-setting
                                             level residues for all commodities and                   MOEs of 390 for children 1 to <2 years                organization in trade agreements to
                                             PCT information for selected crops. EPA                  old. Because EPA’s level of concern for               which the United States is a party. EPA
                                             made conservative (protective)                           azoxystrobin is a MOE of 100 or below,                may establish a tolerance that is
                                             assumptions in the ground and surface                    these MOEs are not of concern.                        different from a Codex MRL; however,
                                             water modeling used to assess exposure                      4. Intermediate-term risk.                         FFDCA section 408(b)(4) requires that
                                             to azoxystrobin in drinking water. EPA                   Intermediate-term aggregate exposure                  EPA explain the reasons for departing
                                             used similarly conservative assumptions                  takes into account intermediate-term                  from the Codex level.
                                             to assess post-application exposure of                   residential exposure plus chronic                        The Codex has established MRLs for
                                             children as well as incidental oral                      exposure to food and water (considered                azoxystrobin in or on root and tuber
                                             exposure of toddlers. These assessments                  to be a background exposure level).                   vegetables (except potato) at 1.0 ppm.
                                             will not underestimate the exposure and                  Because no intermediate-term adverse                  This MRL is the same as the tolerance
                                             risks posed by azoxystrobin.                             effect was identified, azoxystrobin is not            being established for azoxystrobin in the
                                             E. Aggregate Risks and Determination of                  expected to pose an intermediate-term                 United States.
                                             Safety                                                   risk. Therefore, the intermediate-term                C. Response to Comments
                                                                                                      aggregate risk would be equivalent to
                                                EPA determines whether acute and                      the chronic dietary exposure estimate.                   EPA received ten comments to the
                                             chronic dietary pesticide exposures are                     5. Aggregate cancer risk for U.S.                  docket EPA–HQ–OPP–2017–0744.
                                             safe by comparing aggregate exposure                     population. Based on the lack of                      However, only three comments were in
                                             estimates to the acute PAD (aPAD) and                    evidence of carcinogenicity in two                    response to the petition filed by
                                             chronic PAD (cPAD). For linear cancer                    adequate rodent carcinogenicity studies,              Syngenta Crop Protection. One
                                             risks, EPA calculates the lifetime                       azoxystrobin is not expected to pose a                comment (ID: EPA–HQ–OPP–2017–
                                             probability of acquiring cancer given the                cancer risk to humans.                                0744–0007) among the three, is
                                             estimated aggregate exposure. Short-,                       6. Determination of safety. Based on               inclusive of the other two comments
                                             intermediate-, and chronic-term risks                    these risk assessments, EPA concludes                 (ID: EPA–HQ–OPP–2017–0744–0008
                                             are evaluated by comparing the                           that there is a reasonable certainty that             and EPA–HQ–OPP–2017–0744–0009),
                                             estimated aggregate food, water, and                     no harm will result to the general                    and describes portions of the content of
                                             residential exposure to the appropriate                  population, or to infants and children                the Federal Register notice EPA
                                             PODs to ensure that an adequate MOE                      from aggregate exposure to azoxystrobin               published on March 6, 2018 (83 FR
                                             exists.                                                  residues.                                             9471), and expresses support for
                                                1. Acute risk. An acute aggregate risk                                                                      tolerances. The remaining seven
                                             assessment takes into account acute                      IV. Other Considerations                              comments were not germane to this
                                             exposure estimates from dietary                                                                                action, therefore no further response
                                                                                                      A. Analytical Enforcement Methodology
                                             consumption of food and drinking                                                                               from the Agency is required.
                                             water. Using the exposure assumptions                       Adequate enforcement methodology
                                             discussed in this unit for acute                         (gas chromatography with nitrogen-                    D. Revisions to Petitioned-For
                                             exposure, the acute dietary exposure                     phosphorus detector (GC/NPD) method,                  Tolerances
                                             from food and water to azoxystrobin                      RAM 243/04) is available to enforce the                 The Agency recommends increasing
                                             will occupy 82% of the aPAD for                          tolerance expression for residues of                  the tolerance for vegetable, root, except
                                             children 1–2 years old, the population                   azoxystrobin and its Z-isomer in crop                 sugar beet, subgroup 1B from the
                                             group receiving the greatest exposure.                   commodities. This method (designated                  proposed 0.5 ppm to 1.0 ppm to
                                                2. Chronic risk. Using the exposure                   RAM 243, dated 5/15/98) has been                      harmonize with the existing Codex
                                             assumptions described in this unit for                   submitted to FDA for inclusion in the                 MRL. Additionally, the Agency is
                                             chronic exposure, EPA has concluded                      Pesticide Analytical Manual (PAM,                     revising the significant figure on root
                                             that chronic exposure to azoxystrobin                    Volume II).                                           vegetables subgroup 1B based on
                                             from food and water will utilize 18% of                     The method may be requested from:                  current policy and revising the
                                             the cPAD for children 1–2 years old the                  Chief, Analytical Chemistry Branch,                   commodity definition to reflect the
                                             population group receiving the greatest                  Environmental Science Center, 701                     common commodity vocabulary
                                             exposure. Based on the explanation in                    Mapes Rd., Ft. Meade, MD 20755–5350;                  currently used by the Agency. The
                                             Unit III.C.3., regarding residential use                 telephone number: (410) 305–2905;                     commodity definition was revised from
                                             patterns, chronic residential exposure to                email address: residuemethods@                        vegetable, root, subgroup 1B to
                                             residues of azoxystrobin is not expected.                epa.gov.                                              vegetable, root, except sugar beet,
                                                3. Short-term risk. Short-term                                                                              subgroup 1B.
                                                                                                      B. International Residue Limits
                                             aggregate exposure takes into account
                                             short-term residential exposure plus                       In making its tolerance decisions, EPA              V. Conclusion
                                             chronic exposure to food and water                       seeks to harmonize U.S. tolerances with                 Therefore, tolerances are established
                                             (considered to be a background                           international standards whenever                      for residues of azoxystrobin, in or on
                                             exposure level). Azoxystrobin is                         possible, consistent with U.S. food                   beet, sugar, roots at 5.0 ppm and
                                             currently registered for uses that could                 safety standards and agricultural                     vegetable, root, except sugar beet,
                                             result in short-term residential                         practices. EPA considers the                          subgroup 1B at 1.0 ppm.
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                                             exposure, and the Agency has                             international maximum residue limits
                                             determined that it is appropriate to                     (MRLs) established by the Codex                       VI. Statutory and Executive Order
                                             aggregate chronic exposure through food                  Alimentarius Commission (Codex), as                   Reviews
                                             and water with short-term residential                    required by FFDCA section 408(b)(4).                    This action establishes tolerances
                                             exposures to azoxystrobin.                               The Codex Alimentarius is a joint                     under FFDCA section 408(d) in
                                                Using the exposure assumptions                        United Nations Food and Agriculture                   response to a petition submitted to the
                                             described in this unit for short-term                    Organization/World Health                             Agency. The Office of Management and


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                                                              Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations                                       57339

                                             Budget (OMB) has exempted these types                      This action does not involve any                    DEPARTMENT OF COMMERCE
                                             of actions from review under Executive                   technical standards that would require
                                             Order 12866, entitled ‘‘Regulatory                       Agency consideration of voluntary                     National Oceanic and Atmospheric
                                             Planning and Review’’ (58 FR 51735,                      consensus standards pursuant to section               Administration
                                             October 4, 1993). Because this action                    12(d) of the National Technology
                                             has been exempted from review under                      Transfer and Advancement Act                          50 CFR Part 622
                                             Executive Order 12866, this action is                    (NTTAA) (15 U.S.C. 272 note).                         [Docket No. 160906822–7547–02]
                                             not subject to Executive Order 13211,
                                             entitled ‘‘Actions Concerning                            VII. Congressional Review Act                         RIN 0648–XG618
                                             Regulations That Significantly Affect                      Pursuant to the Congressional Review
                                             Energy Supply, Distribution, or Use’’ (66                Act (5 U.S.C. 801 et seq.), EPA will                  Snapper-Grouper Fishery of the South
                                             FR 28355, May 22, 2001) or Executive                     submit a report containing this rule and              Atlantic; 2018 Commercial Closure for
                                             Order 13045, entitled ‘‘Protection of                    other required information to the U.S.                Hogfish in the Florida Keys/East
                                             Children from Environmental Health                       Senate, the U.S. House of                             Florida Area of the South Atlantic
                                             Risks and Safety Risks’’ (62 FR 19885,                   Representatives, and the Comptroller                  AGENCY:  National Marine Fisheries
                                             April 23, 1997) nor is it considered a                   General of the United States prior to                 Service (NMFS), National Oceanic and
                                             regulatory action under Executive Order                  publication of the rule in the Federal                Atmospheric Administration (NOAA),
                                             13771, entitled ‘‘Reducing Regulations                   Register. This action is not a ‘‘major                Commerce.
                                             and Controlling Regulatory Costs’’ (82                   rule’’ as defined by 5 U.S.C. 804(2).                 ACTION: Temporary rule; closure.
                                             FR 9339, February 3, 2017). This action
                                             does not contain any information                         List of Subjects in 40 CFR Part 180
                                                                                                                                                            SUMMARY:     NMFS implements
                                             collections subject to OMB approval                        Environmental protection,                             accountability measures (AMs) for the
                                             under the Paperwork Reduction Act                        Administrative practice and procedure,                  hogfish commercial sector in the
                                             (PRA) (44 U.S.C. 3501 et seq.), nor does                 Agricultural commodities, Pesticides                    exclusive economic zone (EEZ) of the
                                             it require any special considerations                    and pests, Reporting and recordkeeping                  South Atlantic for the Florida Keys/East
                                             under Executive Order 12898, entitled                    requirements.                                           Florida (FLK/EFL) stock for the 2018
                                             ‘‘Federal Actions to Address                                Dated: November 1, 2018.                             fishing year through this temporary rule.
                                             Environmental Justice in Minority                                                                                NMFS estimates commercial hogfish
                                                                                                      Michael Goodis,
                                             Populations and Low-Income                                                                                       landings for the FLK/EFL hogfish stock
                                             Populations’’ (59 FR 7629, February 16,                  Director, Registration Division, Office of
                                                                                                      Pesticide Programs.                                     for the 2018 fishing year will reach the
                                             1994).                                                                                                           annual catch limit (ACL) on November
                                                Since tolerances and exemptions that                     Therefore, 40 CFR chapter I is                       16, 2018. Therefore, NMFS closes the
                                             are established on the basis of a petition               amended as follows:                                     commercial sector for the FLK/EFL
                                             under FFDCA section 408(d), such as                                                                              hogfish stock in the South Atlantic EEZ
                                             the tolerance in this final rule, do not                 PART 180—[AMENDED]
                                                                                                                                                              on November 16, 2018, through the
                                             require the issuance of a proposed rule,                                                                         remainder of the 2018 fishing year. This
                                                                                                      ■ 1. The authority citation for part 180
                                             the requirements of the Regulatory                                                                               closure is necessary to protect the
                                             Flexibility Act (RFA) (5 U.S.C. 601 et                   continues to read as follows:
                                                                                                                                                              hogfish resource in the FLK/EFL region
                                             seq.), do not apply.                                        Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                                                                              of the South Atlantic.
                                                This action directly regulates growers,               ■ 2. In § 180.507:                                      DATES: This rule is effective 12:01 a.m.,
                                             food processors, food handlers, and food                 ■ a. Remove the entry for ‘‘Vegetable,
                                             retailers, not States or tribes, nor does                                                                        local time, November 16, 2018, until
                                                                                                      root, subgroup 1A’’ from the table in                   12:01 a.m., local time, January 1, 2019.
                                             this action alter the relationships or                   paragraph (a)(1).
                                             distribution of power and                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                      ■ b. Add alphabetically ‘‘Beet, sugar,                  Mary Vara, NMFS Southeast Regional
                                             responsibilities established by Congress
                                                                                                      roots’’; and ‘‘Vegetable, root, except                  Office, telephone: 727–824–5305, email:
                                             in the preemption provisions of FFDCA
                                                                                                      sugar beet, subgroup 1B’’ to the table in               mary.vara@noaa.gov.
                                             section 408(n)(4). As such, the Agency
                                                                                                      paragraph (a)(1).                                       SUPPLEMENTARY INFORMATION: The
                                             has determined that this action will not
                                                                                                         The additions read as follows:                       snapper-grouper fishery of the South
                                             have a substantial direct effect on States
                                             or tribal governments, on the                            § 180.507 Azoxystrobin; tolerances for                  Atlantic includes hogfish and is
                                             relationship between the national                        residues.                                               managed under the Fishery
                                             government and the States or tribal                         (a) * * *                                            Management Plan for the Snapper-
                                             governments, or on the distribution of                      (1) * * *                                            Grouper Fishery of the South Atlantic
                                             power and responsibilities among the                                                                             Region (FMP). The FMP was prepared
                                             various levels of government or between                                                             Parts  per   by the South Atlantic Fishery
                                                                                                                  Commodity
                                             the Federal Government and Indian                                                                    million     Management Council and is
                                             tribes. Thus, the Agency has determined                                                                          implemented by NMFS under the
                                             that Executive Order 13132, entitled                                                                             authority of the Magnuson-Stevens
                                             ‘‘Federalism’’ (64 FR 43255, August 10,                      *         *          *               *        *     Fishery Conservation and Management
                                                                                                      Beet, sugar, roots .......................          5.0
                                             1999) and Executive Order 13175,                                                                                 Act (Magnuson-Stevens Act) by
                                             entitled ‘‘Consultation and Coordination                     *         *          *               *        *     regulations at 50 CFR part 622.
                                             with Indian Tribal Governments’’ (65 FR                  Vegetable, root, except sugar                              The final rule for Amendment 37 to
khammond on DSK30JT082PROD with RULES




                                             67249, November 9, 2000) do not apply                       beet, subgroup 1B ..................             1.0 the FMP established two stocks of
                                             to this action. In addition, this action                                                                         hogfish in Federal waters of the South
                                             does not impose any enforceable duty or                      *         *          *               *        *     Atlantic and new stock boundaries
                                             contain any unfunded mandate as                                                                                  under the jurisdiction of the South
                                             described under Title II of the Unfunded                 *      *     *      *        *                          Atlantic Fishery Management Council
                                             Mandates Reform Act (UMRA) (2 U.S.C.                     [FR Doc. 2018–24974 Filed 11–14–18; 8:45 am]            (82 FR 34584; July 25, 2017). One stock
                                             1501 et seq.).                                           BILLING CODE 6560–50–P                                  is the Georgia through North Carolina


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Document Created: 2018-11-15 04:00:56
Document Modified: 2018-11-15 04:00:56
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 November 15, 2018. Objections and requests for hearings must be received on or before January 14, 2019, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactMichael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
FR Citation83 FR 57333 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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