[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Rules and Regulations]
[Pages 16017-16020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6890]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0714; FRL-8816-3]


Cloquintocet-mexyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending 40 CFR 180.560 to add a reference to the 
active ingredient flucarbazone-sodium (wheat only) to the tolerance for 
the inert ingredient cloquintocet-mexyl (acetic acid [(5-chloro-8-
quinolinyl) oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-2) and 
its acid metabolite (5-chloro-8-quinolinoxyacetic acid) on wheat 
forage, wheat grain, wheat hay, and wheat straw. Arysta LifeScience 
North America, LLC requested this tolerance amendment under the Federal 
Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective March 31, 2010. Objections and 
requests for hearings must be received on or before June 1, 2010, 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: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2009-0714. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Karen Samek, Registration division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 347-8825; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to those 
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to 
provide a guide for readers regarding entities likely to be affected by 
this action. Other types of entities not listed in this unit could also 
be affected. The North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply to certain entities. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

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 cite at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file 
an objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2009-0714 in the subject line on the first 
page of your submission. All requests must be in writing, and must be 
mailed or delivered to the Hearing Clerk as required by 40 CFR part 178 
on or before June 1, 2010.
    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 that does not contain any CBI for inclusion in the public 
docket that is described in

[[Page 16018]]

ADDRESSES. Information not marked confidential pursuant to 40 CFR part 
2 may be disclosed publicly by EPA without prior notice. Submit this 
copy, identified by docket ID number EPA-HQ-OPP-2009-0714, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.

II. Petition for Tolerance

    EPA has received a petition from Arysta LifeScience North America, 
LLC, 15401 Weston Parkway, Cary, NC 27513, requesting an amendment to 
the existing tolerances for the inert ingredient (safener) (acetic acid 
[(5-chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester; CAS Reg. No. 
99607-70-2) and its acid metabolite (5-chloro-8-quinolinoxyacetic 
acid). For ease of reading this document, acetic acid [(5-chloro-8-
quinolinyl) oxy]-, 1-methylhexyl ester will be referred to as 
cloquintocet-mexyl. EPA published two final rules to establish 
tolerances for the safener under 40 CFR 180.560 in the Federal Register 
of June 22, 2000 (65 FR 38757) (FRL-6592-4) and the Federal Register of 
December 16, 2005 (70 FR 74679) (FRL-7753-4). These tolerances 
establish tolerances for cloquintocet-mexyl when used as an inert 
ingredient (safener) in pesticide formulations containing the active 
ingredients pinoxaden (wheat or barley) or clodinafop-propargyl (wheat 
only). In addition, a final rule that established tolerances for this 
safener was published in the Federal Register of March 5, 2008 (73 FR 
11816) (FRL-8350-8). That final rule amended 40 CFR 180.560 by adding a 
reference to the active ingredient pyroxsulam (wheat only), and 
increased the existing tolerances for residues of cloquintocet-mexyl in 
or on wheat, forage and wheat, hay, and removed the specification of a 
1:4 ratio inert ingredient safener to active ingredient from the 
tolerance expression.
    In the Federal Register of October 7, 2009 (74 FR 51597) (FRL-8792-
7), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 
U.S.C. 346a(d)(3), announcing the filing of the above-referenced 
pesticide petition (PP 9E7592) by Arysta LifeScience North America, 
LLC. The petition requested that 40 CFR 180.560 be amended by expanding 
the tolerance to cover cloquintocet-mexyl residues when used in 
formulation with the active ingredient flucarbazone-sodium on wheat. No 
numerical change to the tolerances for the specific wheat commodities 
was sought. That notice referenced a summary of the petition prepared 
by Arysta LifeScience North America, LLC, the registrant, which is 
available to the public in the docket, http://www.regulations.gov. 
There were no comments received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors 
specified in section 408(b)(2)(D) of FFDCA, 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 the chemical. The 
Agency's decision document for this action is available on EPA's 
Electronic Docket at http://www.regulations.gov/ under docket ID number 
EPA-HQ-OPP-2009-0714. For the full toxicity data and information on 
which this risk assessment is based, the reader is referred to the 
final rules establishing tolerances for cloquintocet-mexyl that 
published in in the Federal Register of March 5, 2008, December 16, 
2005, and June 22, 2000.

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. Specific information on the studies received and the nature 
of the adverse effects caused by cloquintocet-mexyl as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in the 
final rules published on March 5, 2008, December 16, 2005, and June 22, 
2000. In these final rules, the Agency reviewed the available 
information on cloquintocet-mexyl submitted by the petitioners as well 
as additional information available to EPA. The toxicity database is 
sufficient for cloquintocet-mexyl and has not changed since the time of 
those publications. Therefore, only a brief summary is provided here.
    Cloquintocet-mexyl has a low order of acute oral, dermal, and 
inhalation toxicity. It is slightly irritating to the eyes and non-
irritating to the skin. Cloquintocet-mexyl is a skin sensitizer. The 
chemical is not genotoxic and is not a reproductive and developmental 
toxicant. There is no evidence of neurotoxicity in the available 
studies. Cloquintocet-mexyl is classified as ``not likely to be a human 
carcinogen.'' The main metabolite for cloquintocet-mexyl is 5-chloro-8-
quin-linoxyacetic acid, and testing on the metabolite is part of the 
toxicology database for cloquintocet-mexyl. For additional information 
on the human health toxicity data for cloquintocet-mexyl and its 
metabolite, see EPA's Electronic Docket at http://www regulations.gov 
and the Federal Register of March 5, 2008, December 16, 2005, and June 
22, 2000.

B. Exposure Assessment

    In examining aggregate exposure, the FFDCA section 408 directs EPA 
to consider available information concerning exposures from the 
pesticide residue in food and all other non-occupational exposures, 
including drinking water from ground water or surface water and 
exposure through pesticide use in gardens, lawns, or buildings 
(residential and other indoor

[[Page 16019]]

uses). In the 2008 rulemaking, EPA assessed human exposure to 
cloquintocet-mexyl from use on wheat and barley. EPA assumed that 100% 
of the wheat and barley crops were treated with cloquintocet-mexyl and 
that residues on all wheat and barley commodities were at the tolerance 
level. The Agency has determined that this assessment is sufficient for 
the current amendment to the cloquintocet-mexyl tolerance expression 
because no new crops are being added and the label requirements limit 
the total number of applications from all of the various cloquintocet-
mexyl safener products to one application from this group of pesticides 
on a crop per growing season. For additional information on the 
exposure assessment for cloquintocet-mexyl, see the docket and the 
Federal Register of March 5, 2008.

C. 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 cloquintocet-mexyl to share a common mechanism of 
toxicity with any other substances, and cloquintocet-mexyl does not 
appear to produce a toxic metabolite produced by other substances. For 
the purposes of this tolerance action, therefore, EPA has assumed that 
cloquintocet-mexyl 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://www.epa.gov/pesticides/cumulative.

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 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. There was no evidence of 
increased susceptibility of in utero or post-natal exposure to rats or 
rabbits in the prenatal developmental studies or in rats in the 2-
generation reproduction study. NOAELs for maternal/parental toxicity 
were either less than or equal to the NOAELs for fetal or reproductive 
toxicity.
     3. Conclusion. EPA has determined that reliable data show that the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1X. That decision is based on the following 
findings:
    i. The toxicity database for cloquintocet-mexyl is complete, except 
for immunotoxicity and neurotoxicity studies. EPA began requiring these 
studies on December 26, 2009. In the absence of specific immunotoxicity 
studies, EPA has evaluated the available toxicity data for 
cloquintocet-mexyl and determined that an additional database 
uncertainty factor is not needed to account for potential 
immunotoxicity. EPA's determination is based on the following 
considerations.
    There was some indication of possible immunotoxicity in the form of 
lymphoid hyperplasia of the thymus in male rats (without any 
histopathology changes in the study) at the LOAEL of 73.5 milligrams/
kilogram/day (mg/kg/day) in the combined chronic/oncogenicity study in 
rats (with a NOAEL of 36.4 mg/kg/day). This effect was observed only in 
males. No blood parameters were affected. In addition, cloquintocet-
mexyl does not belong to a class of chemicals that would be expected to 
be immunotoxic. A clear NOAEL was established for these effects (36.4 
mg/kg/day), and the regulatory endpoint of 4.3 mg/kg/day (the NOAEL 
from the combined chronic/oncogenicity study) is nearly 10X below the 
NOAEL for the possible immunotoxic effect. Therefore, based on the 
considerations in this unit, EPA does not believe that conducting 
immunotoxicity testing will result in a NOAEL significantly less than 
the NOAEL of 4.3 mg/kg/day already established for cloquintocet-mexyl, 
and an additional factor (UFDB) for database uncertainties is not 
needed to account for potential immunotoxicity. A confirmatory 
immunotoxicity study will be required as a condition of the 
registration.
    No acute and subchronic neurotoxicity studies are available, 
however, there is no evidence of neurotoxicity in the toxicology 
database on cloquintocet-mexyl. Therefore, based on the considerations 
in this unit, the Agency does not believe that conducting acute and 
subchronic neurotixicty studies will result in a NOAEL less than the 
NOAEL of 4.3 mg/kg/day. Therefore, there is no need for additional 
uncertainty factors (UF). Confirmatory acute and subchronic 
neurotoxicity studies will be required as a condition of registration.
     ii. There is no indication of quantitative or qualitative 
increased susceptibility of rats or rabbits to in utero and/or 
postnatal exposure to cloquintocet-mexyl in the available toxicity 
database.
     iii. There is no indication that cloquinocet-mexyl is a neurotoxic 
chemical and thus there is no need for a developmental neurotoxicity 
study or additional UFs to account for neurotoxicity.
     iv. The dietary (food and drinking water) exposure assessments 
will not underestimate the potential exposures for infants and children 
from the use of cloquintocet-mexyl (currently there are no proposed 
residential uses and therefore non-occupational exposure is not 
expected).
    For additional information on the Safety Factor determination for 
infants and children for cloquintocet-mexyl, see the docket and the 
Federal Register of March 5, 2008.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic pesticide exposures are 
safe by comparing aggregate exposure estimates to the acute population 
adjusted dose (aPAD) and chronic population adjusted dose (cPAD). The 
aPAD and cPAD represent the highest safe exposures, taking into account 
all appropriate safty factors (SFs). EPA calculates the aPAD and cPAD 
by dividing the point of departure (POD) by all applicable UFs. For 
linear cancer risks, EPA calculates the probability of additional 
cancer cases given the estimated aggregate exposure. Short-term, 
intermediate-term, and chronic-term risks are evaluated by comparing 
the estimated aggregate food, water, and residential exposure to the 
POD to ensure that the margin of exposure (MOE) called for by the 
product of all applicable UFs is not exceeded.
    In the 2005 and 2008 rulemakings for cloquintocet-mexyl, EPA 
concluded that aggregate risks from exposure to cloquintocet-mexyl did 
not exceed 1% of the aPAD or cPAD for the most exposed population 
groups. (73 FR 11819); (70 FR 74685). These findings are applicable to 
this tolerance amendment.

[[Page 16020]]

    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 
cloquintocet-mexyl and its acid metabolite (5-chloro-8-
quinolinoxyacetic acid).

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology is available to enforce the 
tolerance expression. The method may be requested from: Chief, 
Analytical Chemistry Branch, Enviromental Science Center, 701 Mapes 
Rd., Ft. Meade, MD 20755-5350; e-mail address: [email protected]. 
For the complete description of Analytical Methods for cloquintocet-
mexyl, see the docket and the Federal Register of December 16, 2005.

B. International Residue Limits

    There are no Codex tolerances for cloquintocet-mexyl.

V. Conclusions

    Therefore, 40 CFR 180.560 is amended by establishing a tolerance 
for the combined residues of cloquintocet-mexyl (acetic acid [(5-
chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-
2) and its acid metabolite (5-chloro-8-quinlinoxyacetic acid) when used 
as an inert ingredient (safener) in pesticide formulations containing 
the active ingredients flucarbazone-sodium (wheat only), pinoxaden 
(wheat or barley), clodinafop-propargyl (wheat only), or pyroxsulum 
(wheat only) in or on barley, grain at 0.1 ppm; barley, hay at 0.1 ppm; 
barley, straw at 0.1 ppm; wheat, forage at 0.2 ppm; wheat, grain at 0.1 
ppm; wheat, hay at 0.5 ppm; and wheat, straw at 0.1 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of 
FFDCA in response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Because this final rule has been 
exempted from review under Executive Order 12866, this final rule is 
not subject to Executive Order 13211, entitled Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). This final rule 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 section 408(d) of FFDCA, 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 final rule 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 section 408(n)(4) of FFDCA. 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 final rule. In addition, 
this final rule does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4).
    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 of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. 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 this final rule in the Federal 
Register. This final rule 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: March 22, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
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. Section 180.560, revise paragraph (a) to read as follows:


Sec.  180.560  Cloquintocet-mexyl; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of cloquintocet-mexyl (acetic acid [(5-chloro-8-quinolinyl) oxy]-, 1-
methylhexyl ester; CAS Reg. No. 99607-70-2) and its acid metabolite (5-
chloro-8-quinlinoxyacetic acid) when used as an inert ingredient 
(safener) in pesticide formulations containing the active ingredients, 
flucarbazone-sodium (wheat only), pinoxaden (wheat or barley), 
clodinafop-propargyl (wheat only), or pyroxsulum (wheat only) in or on 
the following food commodities:

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Barley, grain...........................................             0.1
Barley, hay.............................................             0.1
Barley, straw...........................................             0.1
Wheat, forage...........................................             0.2
Wheat, grain............................................             0.1
Wheat, hay..............................................             0.5
Wheat, straw............................................             0.1
------------------------------------------------------------------------

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[FR Doc. 2010-6890 Filed 3-30-10; 8:45 am]
BILLING CODE 6560-50-S