[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10547-10553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02481]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2015-0795, EPA-HQ-OPP-2015-0796 and EPA-HQ-OPP-2015-0797;
FRL-9957-22]
Hexythiazox; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of the
ovicide/miticide hexythiazox in or on beet, sugar, root, and beet,
sugar, dried pulp and establishes tolerances associated with regional
registrations for residues on Bermuda grass, forage and Bermuda grass,
hay. This regulation also modifies the existing tolerances associated
with regional registrations in or on alfalfa, forage; and alfalfa, hay.
Gowan Company requested these tolerances under the Federal Food, Drug,
and Cosmetic Act (FFDCA). The regulation also removes the existing
time-limited tolerance for residues on beet, sugar, root because it is
superseded by the new beet, sugar, root tolerance and removes the
tolerance for residues ``Fruit, citrus group 10'' of 0.35 ppm because
it is superseded by the existing tolerance for ``Fruit, citrus group
10-10'' of 0.6 ppm.
DATES: This regulation is effective February 14, 2017. Objections and
requests for hearings must be received on or before April 17, 2017, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The dockets for this action, identified by docket
identification (ID) numbers EPA-HQ-OPP-2015-0795, EPA-HQ-OPP-2015-0796
and EPA-HQ-OPP-2015-0797, are available at http://www.regulations.gov
or at the
[[Page 10548]]
Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in
the Environmental Protection Agency Docket Center (EPA/DC), West
William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC 20460-0001. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OPP Docket is (703) 305-5805. Please review
the visitor instructions and additional information about the docket
available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, P.E., Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID numbers EPA-HQ-OPP-2015-0795, EPA-HQ-OPP-2015-0796 and EPA-
HQ-OPP-2015-0797 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 April
17, 2017. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID numbers EPA-HQ-OPP-2015-0795, EPA-HQ-
OPP-2015-0796 and EPA-HQ-OPP-2015-0797, 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 16, 2016 (81 FR 14030) (FRL-9942-
86), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of three (3) pesticide
petitions (PP 5F8396, 5F8412 & 5F8413) by Gowan Company, P.O. Box 5569,
Yuma, AZ 85366-5569. These petitions requested that 40 CFR 180.448 be
amended by (1) establishing tolerances for residues of the hexythiazox
in or on Bermuda grass, forage at 40 parts per million (ppm) (PP
5F8412); Bermuda grass, hay at 70 ppm (PP 5F8412); beet, sugar, dried
pulp at 0.60 ppm (PP 5F8413); beet, sugar, molasses at 0.21 ppm (PP
5F8413); beet, sugar, roots at 0.15 ppm (PP 5F8413); and beet, sugar,
tops at 1.5 ppm (PP5F8413); and (2) modifying the existing tolerances
for residues in or on alfalfa, forage from 15 ppm to 20 ppm (PP 5F8396)
and alfalfa, hay from 30 ppm to 60 ppm (PP 5F8396). These documents
referenced a summary of the petitions prepared by Gowan Company, the
registrant, which are available in the docket, http://www.regulations.gov. Several comments were received in response to the
notice of filing, objecting generally to the presence of pesticide
residues in food. Because none of the comments provided any information
for the Agency to consider in its review of the requested hexythiazox
tolerances and because the Agency has concluded based on available data
that the tolerances requested meet the FFDCA safety standard, EPA is
not granting the commenters' requests to deny the petition.
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 hexythiazox including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with hexythiazox follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity,
[[Page 10549]]
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.
Hexythiazox has low acute toxicity by the oral, dermal, and
inhalation routes of exposure. It produces mild eye irritation and is
not a skin irritant or skin sensitizer. Hexythiazox is associated with
toxicity of the liver and adrenals following subchronic and chronic
exposure to dogs, rats, and mice, with the dog being the most sensitive
species. The prenatal developmental studies in rabbits and rats and the
2-generation reproduction study in rats showed no indication of
increased susceptibility to in utero or postnatal exposure to
hexythiazox. Reproductive toxicity was not observed. There is no
concern for immunotoxicity or neurotoxicity following exposure to
hexythiazox. The toxicology database for hexythiazox does not show any
evidence of treatment-related effects on the immune system.
Hexythiazox is classified as ``Likely to be Carcinogenic to
Humans'' based on a treatment-related increase in benign and malignant
liver tumors in female mice and the presence of mammary gland tumors
(fibroadenomas) in male rats; however, the evidence as a whole was not
strong enough to warrant the use of a linear low dose extrapolation
model applied to the animal data (Q1*) for a quantitative
estimation of human risk because the common liver tumors (benign and
malignant) were only observed in high-dose female mice, and benign
mammary gland tumors were only observed in high-dose male rats. Since
the effects seen in the study that serves as the basis for the chronic
reference dose (cRfD) occurred at doses substantially below the lowest
dose that induced tumors (and there is no mutagenic concern for
hexythiazox), the cRfD is considered protective of all chronic effects,
including potential carcinogenicity.
Specific information on the studies received and the nature of the
adverse effects caused by hexythiazox 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 within the document entitled ``Hexythiazox. Human
Health Risk Assessment for Section 3 Registration on Bermuda Grass and
Amended Registrations for Use on Beet, sugars, Alfalfa, and Potatoes,''
which can be found in docket ID numbers EPA-HQ-OPP-2015-0795, EPA-HQ-
OPP-2015-0796 and EPA-HQ-OPP-2015-0797.
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://www.epa.gov/pesticides/factsheets/riskassess.htm. A summary of the toxicological
endpoints for hexythiazox used for human risk assessment is shown in
Table 1 of this unit.
Table 1--Summary of Toxicological Doses and Endpoints for Hexythiazox for Use in Human Health Risk Assessment
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Point of departure
Exposure/scenario and uncertainty/ RfD, PAD, LOC for Study and toxicological effects
safety factors risk assessment
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Acute Dietary (All populations).. No risk is expected from this exposure scenario as no hazard was identified
in any toxicity study for this duration of exposure.
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Chronic Dietary (All populations) NOAEL= 2.5 mg/kg/day Chronic RfD = 0.025 One-Year Feeding Toxicity
UFA = 10x........... mg/kg/day. Study--Dogs
UFH = 10x........... cPAD = 0.025....... LOAEL = 12.5 mg/kg/day based on
FQPA SF = 1x........ increased absolute and relative
adrenal weights, and associated
adrenal histopathology.
Incidental Oral Short-Term (1 to NOAEL= 30 mg/kg/day. Residential LOC for 2-Generation Reproduction
30 days) and Intermediate-Term UFA = 10x........... MOE = 100. Study--Rat
(1 to 6 months). UFH = 10x........... LOAEL = 180 mg/kg/day, based on
FQPA SF = 1x........ decreased pup body weight during
lactation and delayed hair growth
and/or eye opening, and decreased
parental body-weight gain and
increased absolute and relative
liver, kidney, and adrenal
weights.
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Dermal Short- and Intermediate- A quantitative dermal risk assessment is not necessary since no dermal hazard
term. is anticipated. There is no evidence of increased quantitative or
qualitative susceptibility of the young following in utero and pre- and post-
natal exposure to hexythiazox.
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Inhalation Short-Term (1 to 30 Oral NOAEL = 30 mg/ Residential LOC for 2-Generation Reproduction
days) and Intermediate-Term (1 kg/day. MOE = 100. Study--Rat
to 6 months). UFA = 10x........... LOAEL = 180 mg/kg/day, based on
UFH = 10x........... decreased pup body weight during
FQPA SF = 1x........ lactation and delayed hair growth
and/or eye opening, and decreased
parental body-weight gain and
increased absolute and relative
liver, kidney, and adrenal
weights.
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Cancer (oral, dermal, and Classification: ``Likely to be Carcinogenic to Humans.'' A quantification of
inhalation). risk using a non-linear approach; i.e., RfD, for hexythiazox will adequately
account for all chronic toxicity, including carcinogenicity, that could
result from exposure to hexythiazox.
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FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
members of the human population (intraspecies).
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to hexythiazox, EPA considered exposure under the petitioned-
for tolerances as well as all existing hexythiazox tolerances in 40 CFR
180.448. EPA assessed dietary exposures from hexythiazox 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. No such effects were
identified in the toxicological studies for hexythiazox; therefore, a
quantitative acute dietary exposure assessment is unnecessary.
ii. Chronic exposure. In conducting the chronic dietary (food and
drinking water) exposure assessment, EPA used the Dietary Exposure
Evaluation Model (DEEM-FCID), Version 3.16, which uses food consumption
data from the U.S. Department of Agriculture's National Health and
Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA)
from 2003-2008. As to residue levels in food, EPA used tolerance-level
residues, assumed 100 percent crop treated (PCT), and incorporated DEEM
7.81 default processing factors when processing data were not
available.
iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that a nonlinear RfD approach is appropriate for assessing
cancer risk to hexythiazox. Cancer risk was assessed using the same
exposure estimates as discussed in Unit III.C.1.ii., Chronic exposure.
iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use anticipated residue and/or PCT information in the
dietary assessment for hexythiazox. Tolerance-level residues and/or 100
PCT were assumed for all food commodities.
2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for hexythiazox in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of hexythiazox. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
Because surface water and groundwater estimated drinking water
concentrations (EDWCs) from the proposed new uses on Bermuda grass and
sugar beets (ranging from 1.29 to 2.78 [mu]g/L) do not produce EDWCs
greater than those produced from a recent drinking water assessment
(D429192, 9/21/2015) (ranging from 3.5 to 7.3 [mu]g/L) using the
Mississippi soybeans scenario, the Agency is relying on the EDWCs from
that previous drinking water assessment. Based on that assessment, the
EDWCs of hexythiazox for chronic exposures are estimated to be 4.3 ppb
for surface water and 2.4 ppb for ground water. The higher of these
numbers was directly entered into the dietary exposure model for the
chronic dietary risk assessment.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Hexythiazox is
currently registered for the following residential uses, including
ornamental landscape plantings, turf, and fruit and nut trees in
residential sites.
EPA assessed residential exposure using the following assumptions:
Residential handler exposures are expected to be short-term (1 to 30
days) via either the dermal or inhalation routes of exposures. Since a
quantitative dermal risk assessment is not needed for hexythiazox,
handler MOEs were calculated for the inhalation route of exposure only.
Both adults and children may be exposed to hexythiazox residues from
contact with treated lawns or treated residential plants. Post
application exposures are expected to be short-term (1 to 30 days) and
intermediate-term (1 to 6 months) in duration. Adult post-application
exposures were not assessed since no quantitative dermal risk
assessment is needed for hexythiazox and inhalation exposures are
typically negligible in outdoor settings. The exposure assessment for
children included incidental oral exposure resulting from transfer of
residues from the hands or objects to the mouth, and from incidental
ingestion of soil.
Further information regarding EPA standard assumptions and generic
inputs for residential exposures may be found at http://www.epa.gov/pesticides/science/residential-exposure-sop.html.
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
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pesticide's residues and ``other substances that have a common
mechanism of toxicity.''
EPA has not found hexythiazox to share a common mechanism of
toxicity with any other substances, and hexythiazox does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action; therefore, EPA has assumed that
hexythiazox does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.
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. The prenatal and postnatal
toxicology data base indicates no increased susceptibility of rats or
rabbits to in utero and/or postnatal exposure to hexythiazox.
3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
i. The toxicity database for hexythiazox is complete.
ii. There is no indication that hexythiazox is a neurotoxic
chemical and there is no need for a developmental neurotoxicity study
or additional UFs to account for neurotoxicity.
iii. There is no evidence that hexythiazox 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.
iv. There are no residual uncertainties identified in the exposure
databases. EPA made conservative (protective) assumptions in the ground
and surface water modeling used to assess exposure to hexythiazox 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 hexythiazox.
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. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected; therefore,
hexythiazox is not expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
hexythiazox from food and water will utilize 93% of the cPAD for
children 1 to 2 years of age, 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
hexythiazox 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).
Hexythiazox 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 hexythiazox. Using the
exposure assumptions described in this unit for short-term exposures,
EPA has concluded the combined short-term food, drinking water, and
residential inhalation exposures result in an aggregate MOE for adults
(7,700) that greatly exceeds the LOC of 100, and is 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).
Hexythiazox is currently registered for uses that could result in
intermediate-term residential exposure, and the Agency has determined
that it is appropriate to aggregate chronic exposure through food and
water with intermediate-term residential exposures to hexythiazox.
Using the exposure assumptions described in this unit for intermediate-
term exposures, EPA has concluded the combined intermediate-term food,
drinking water, and residential oral exposures result in an aggregate
MOE for children (1,150) that greatly exceeds the LOC of 100, and is
not of concern.
5. Aggregate cancer risk for U.S. population. As discussed in Unit
III. C.1.iii., EPA concluded that regulation based on the cRfD will be
protective for both chronic and carcinogenic risks. As noted in this
unit, there are no chronic risks of concern.
6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the U.S. general population, or to infants and children from
aggregate exposure to hexythiazox residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
An adequate analytical enforcement methodology, high performance
liquid chromatography method with UV detection (HPLC/UV), is available
to enforce the tolerance expression for hexythiazox and its metabolites
containing the PT-1-3 moiety in crop and livestock commodities. This
method is listed in the U.S. EPA Index of Residue Analytical Methods
under hexythiazox as method AMR-985-87.
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
[[Page 10552]]
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level.
The Codex has not established a MRL for hexythiazox for alfalfa,
forage and hay; and beet, sugar roots and top.
C. Revisions to Petitioned-For Tolerances
The petitioner requested tolerances for beet, sugar, molasses and
beet, sugar, dried pulp based on the raw agricultural commodity (RAC)
tolerance level instead of the HAFT (Highest Average Field Trial).
Using the HAFT to determine the tolerance for these processed
commodities, EPA determined that residues in the molasses would be
covered by the tolerance on the beet, sugar, root; therefore, a
separate molasses tolerance is not required. Using the HAFT for beet,
sugar, dried pulp, EPA determined that the tolerance should be reduced
to 0.30 ppm. Beet, sugar, tops are no longer considered a major
livestock food commodity for regulatory purposes; therefore, a
tolerance is not required for beet, sugar, tops.
V. Conclusion
Therefore, tolerances are established for residues of the ovicide/
miticide hexythiazox and its metabolites containing the (4-
chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety in or on beet,
sugar, root at 0.15 ppm and beet, sugar, dried pulp at 0.30 ppm.
Tolerances associated with regional registrations are established for
Bermuda grass, forage (EPA Regions 9-10 only) at 40 parts per million
(ppm) and Bermuda grass, hay (EPA Regions 9-10 only) at 70 ppm. Also,
existing tolerances are modified for residues in or on Alfalfa, forage
(EPA Regions 7-11 only) at 20 ppm and Alfalfa, hay (EPA Regions 7-11
only) at 60 ppm.
Because the new tolerance for beet, sugar, root (in 40 CFR
180.448(a)) supersedes the existing time-limited tolerance for beet,
sugar, root (in 40 CFR 180.448(b)), the Agency is removing the time-
limited tolerance.
In addition, in the previous rulemaking establishing hexythiazox
tolerances, EPA instructed the Federal Register staff to revise the
existing entry in the table in paragraph (c) for ``Fruit, citrus group
10 (CA, AZ, TX only)'' at 0.35 ppm to ``Fruit, citrus group 10-10 (CA,
AZ, TX only)'' at 0.6 ppm. (April 6, 2016, 81 FR 19891). Instead of
revising the existing entry, a separate entry was created for ``Fruit,
citrus group 10-10 (CA, AZ, TX only).'' The result is that the table in
paragraph (c) now contains two overlapping entries: ``Fruit, citrus
group 10 (CA, AZ, TX only)'' of 0.35 ppm and an entry for ``Fruit,
citrus group 10-10 (CA, AZ, TX only)'' of 0.6 ppm. Because ``Fruit,
citrus group 10 (CA, AZ, TX only)'' is superseded by ``Fruit, citrus
group 10-10 (CA, AZ, TX only),'' EPA is removing ``Fruit, citrus group
10 (CA, AZ, TX only)'' as a housekeeping measure.
VI. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). 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: January 10, 2017.
Michael Goodis,
Acting 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. 180.448:
0
i. Add alphabetically the entries for ``Beet, sugar, dried pulp'' and
``Beet, sugar, root'' to the table in paragraph (a).
0
ii. Revise paragraph (b).
0
iii. Revise the two entries for ``Alfalfa'' in the table in paragraph
(c);
0
iv. Add alphabetically the entries for ``Bermuda grass, forage (EPA
Regions 9-10 only)'' and ``Bermuda grass, hay (EPA Regions 9-10 only)''
to the table in paragraph (c); and
0
v. Remove the entry for ``Fruit, citrus group 10 (CA, AZ, TX only)'' in
the table in paragraph (c).
[[Page 10553]]
The additions and revisions read as follows:
Sec. 180.448 Hexythiazox; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts
Commodity per
million
------------------------------------------------------------------------
* * * * *
Beet, sugar, dried pulp........................................ 0.30
Beet, sugar, root.............................................. 0.15
* * * * *
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) * * *
------------------------------------------------------------------------
Parts
Commodity per
million
------------------------------------------------------------------------
Alfalfa, forage (EPA Regions 7-11 only)........................ 20
Alfalfa, hay (EPA Regions 7-11 only)........................... 60
* * * * *
Bermuda grass, forage (EPA Regions 9-10 only).................. 40
Bermuda grass, hay (EPA Regions 9-10 only)..................... 70
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-02481 Filed 2-13-17; 8:45 am]
BILLING CODE 6560-50-P