[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Rules and Regulations]
[Pages 18549-18553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05434]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0850; FRL-11811-01-OCSPP]


Cloquintocet-mexyl in Pesticide Formulations; Tolerances for 
Residues

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation amends the tolerance expression for residues 
of the safener 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) by removing the 
active ingredients listed in the tolerance expression so that the 
safener can be used in any herbicide formulation applied to the listed 
commodities. Corteva Agriscience submitted a petition to EPA under the 
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the revision 
to the tolerance expression for residues of the safener cloquintocet-
mexyl. There is no change to the numerical tolerances or the listed 
commodities.

DATES: This regulation is effective March 14, 2024. Objections and 
requests for hearings must be received on or before May 13, 2024 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-2022-0850, is available at 
https://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 and the OPP docket is (202) 566-1744. Please review the 
visitor instructions and additional information about the docket 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505T), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address: 
[email protected].

[[Page 18550]]


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 40 CFR 
part 180 through the Federal Register Office's e-CFR site at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-180?toc=1.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2022-0850 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 
May 13, 2024. 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-2022-0850, by one of 
the following methods:
     Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned for Tolerance

    In the Federal Register of December 19, 2023 (88 FR 87733, FRL-
10579-11-OSCPP), EPA issued a document pursuant to FFDCA section 408, 
21 U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
11655) by Corteva Agriscience, 9330 Zionsville Road, Indianapolis, IN 
46268. The petition requested that the tolerance expression under 40 
CFR 180.560 for the safener 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), be 
amended to remove the active ingredients listed. There was no proposed 
change to the numerical tolerances or the listed commodities. This 
change would permit the use of the safener, cloquintocet-mexyl, in any 
herbicide formulation applied to the listed commodities in accordance 
with the established numerical tolerances. That document referenced a 
summary of the petition prepared by Corteva Agriscience, which is 
available in the docket at https://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. When 
making a safety determination for a tolerance, 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. . . .'' Section 408(b)(2)(D) lists other 
factors for EPA's consideration in making safety determinations, 
including, for example, the validity, completeness, and reliability of 
available data, nature of toxic effects, available information 
concerning the cumulative effects of the pesticide chemical and other 
substances with a common mechanism of toxicity, and available 
information concerning aggregate exposure levels to the pesticide 
chemical and other related substances.
    EPA establishes tolerances only in those cases where it can be 
clearly demonstrated that the risks from aggregate exposure to 
pesticide chemical residues under reasonably foreseeable circumstances 
will pose no harm to human health. In order to determine the risks from 
aggregate exposure to pesticide inert ingredients, the Agency considers 
the toxicity of the inert in conjunction with possible exposure to 
residues of the inert ingredient through food, drinking water, and 
through other exposures that occur as a result of pesticide use in 
residential settings. If EPA is able to determine that a finite 
tolerance is not necessary to ensure that there is a reasonable 
certainty that no harm will result from aggregate exposure to the inert 
ingredient, an exemption from the requirement of a tolerance may be 
established.
    Consistent with FFDCA section 408(b)(2)(A), and the factors 
specified in FFDCA section 408(b)(2)(C) and (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 cloquintocet-mexyl, 
including exposure resulting from the tolerances established by this 
action. EPA's assessment of exposures and risks associated with 
cloquintocet-mexyl follows.
    In an effort to streamline its publications in the Federal 
Register, EPA is not reprinting sections that repeat what has been 
previously published for tolerance rulemakings for the same chemical. 
Where scientific information concerning a particular

[[Page 18551]]

chemical remains unchanged, the content of those sections would not 
vary between tolerance rulemakings, and EPA considers referral back to 
those sections as sufficient to provide an explanation of the 
information EPA considered in making its safety determination for the 
new rulemaking.
    EPA has previously published tolerance rulemakings for 
cloquintocet-mexyl in which EPA concluded, based on the available 
information, that there is a reasonable certainty that no harm would 
result from aggregate exposure to cloquintocet-mexyl and established 
tolerances for residues of that chemical. EPA is incorporating 
previously published sections from these rulemakings as described 
further in this rulemaking, as they remain unchanged.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their 
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. For a discussion of the toxicological profile of 
cloquintocet-mexyl, please see Unit III.A. of the final rule published 
in the Federal Register of December 16, 2005 (70 FR 74679) (FRL-7753-
4), in which the Agency presented the available toxicity data for 
cloquintocet-mexyl. There have been no changes to that toxicity data, 
and a summary is presented below.
    The toxicity database is sufficient for cloquintocet-mexyl. 
Cloquintocet-mexyl exhibits low levels of acute toxicity via the oral, 
dermal, and inhalation routes of exposure. It is not a skin irritant 
but is a skin sensitizer. It is slightly irritating to the eyes.
    Although fetal effects were seen in a reproductive and 
developmental study, they were seen at maternally toxic doses; 
therefore, there is no concern for offspring susceptibility. Available 
studies show no evidence of neurotoxicity. Cloquintocet-mexyl is not 
genotoxic and is classified as ``not likely to be a human carcinogen.''

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 https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program.
    The hazard profile of cloquintocet-mexyl is adequately defined. An 
acute reference dose (RfD) was selected for the subpopulation of 
females 13-50 years old of 1 mg/kg/day (NOAEL of 100 mg/kg/day) from a 
developmental toxicity in rats (MRID 44387429) where an increased 
incidence of skeletal variants and decreased fetal body weight was 
observed in the presence of maternal toxicity at 400 mg/kg/day. An 
acute RfD for the general population was not identified.
    The Agency selected a chronic RfD of 0.04 mg/kg/day based on a two-
year combined chronic/oncogenicity study in rats (MRID 44387431). In 
this study, the NOAEL of 4.3 mg/kg/day was based on increased incidence 
of thyroid follicular epithelial hyperplasia in females at 41.2 mg/kg/
day (LOAEL).

C. Exposure Assessment

    To determine if removal of the active ingredients from the 
tolerance expression would affect residue levels of cloquintocet-mexyl, 
EPA relied on various residue trials on wheat and barley conducted with 
5 different herbicides. EPA found, based on consistent results from 
these studies, that regardless of the chemical or class of chemistry, 
the residue profile does not change for cloquintocet-mexyl. These 
residues consistently remained below the currently established 
tolerances for those commodities.
    Based on a review of the data, there is no expected increase in 
residue levels associated with removing the active ingredients from the 
tolerance expression. Since no change is being made to the numerical 
tolerances or the listed commodities, there is no expected change in 
dietary exposure.
    1. Dietary exposure from food and feed uses. Dietary exposure has 
already been assessed based on the conservative assumption that all 
three commodities for which there are currently established tolerances 
(i.e., wheat, barley, and teff) are treated with cloquintocet-mexyl at 
tolerance-level residues. These residue levels have been found by the 
Agency to be safe. For a discussion of the dietary exposure to 
cloquintocet-mexyl, please see Unit III.C. of the final rule published 
in the Federal Register of August 2, 2016 (81 FR 50630) (FRL-9947-78), 
Unit III. of the final rule published in the Federal Register of March 
22, 2017 (82 FR 14620) (FRL-9959-11), and Unit III. of the final rule 
published in the Federal Register of September 11, 2018 (83 FR 45841) 
(FRL-9980-90).
    2. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., textiles (clothing and diapers), carpets, swimming 
pools, and hard surface disinfection on walls, floors, tables). There 
are currently no registered uses for products containing cloquintocet-
mexyl that would result in residential exposures.
    3. 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 final rule, 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 https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an

[[Page 18552]]

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 Food Quality Protection Act 
(FQPA) safety factor. 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.
    EPA has concluded that the FQPA safety factor can be removed for 
cloquintocet-mexyl for the following reasons. The toxicology database 
is complete for cloquintocet-mexyl. 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 data, and EPA has determined that a developmental 
neurotoxicity study is not required for cloquintocet-mexyl. 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.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food and water 
to cloquintocet-mexyl will occupy less than one percent (<1%) of the 
aPAD for females aged 13-49, 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 
cloquintocet-mexyl from food and water will utilize <1% of the cPAD for 
all subpopulations. There are no residential uses for cloquintocet-
mexyl.
    3. Short- and intermediate-term risk. Because cloquintocet-mexyl is 
not registered for use in pesticide formulations that will result in 
residential exposure, EPA concludes that cloquintocet-mexyl will not 
pose a short-term or intermediate-term risk.
    4. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity, cloquintocet-mexyl is not expected to pose 
a cancer risk to humans.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children, from aggregate 
exposure to cloquintocet-mexyl residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology, chromatography with ultraviolet 
detection (HPLC-UV) for cloquintocet-mexyl and its acid metabolite, is 
available to enforce the tolerance expression. The method may be 
requested from: Chief, Analytical Chemistry Branch, Environmental 
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone 
number: (410) 305-2905; email address: [email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). Codex is a joint United Nations Food and Agriculture 
Organization/World Health Organization food standards program, and it 
is recognized as an international food safety standards-setting 
organization in trade agreements to which the United States is a party. 
EPA may establish a tolerance that is different from a Codex MRL; 
however, FFDCA section 408(b)(4) requires that EPA explain the reasons 
for departing from the Codex level.
    The Codex has not established a MRL for cloquintocet-mexyl (acetic 
acid, [(5- chloro-8-quiniolinyl)oxy]-, 1- methylhexyl ester) or its 
acid metabolite.

V. Conclusion

    Therefore, EPA is removing the active ingredients: clodinafop-
propargyl (wheat only), dicamba (wheat only), flucarbazone-sodium 
(wheat only), halauxifen-methyl (wheat or barley), pinoxaden (wheat or 
barley), pyroxsulam (wheat or teff), florasulam (teff), or fluroxypyr 
1-methylheptyl ester (teff) listed in the tolerance expression for 
cloquintocet-mexyl.

VI. Statutory and Executive Order Reviews

    This action amends a tolerance 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

[[Page 18553]]

``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).

VIII. 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: March 11, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, the EPA amends 
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

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.  180.560:
0
a. Revise paragraph (a) introductory text; and
0
b. Add the table heading ``Table 1 to Paragraph (a)''.
    The revision and addition reads as follows:


Sec.  180.560  Cloquintocet-mexyl; tolerances for residues.

    (a) General. Tolerances are established for residues of the inert 
ingredient cloquintocet-mexyl, including its metabolites and 
degradates, in or on the commodities in the following table when used 
as a safener in herbicide formulations. Compliance with the tolerance 
levels specified is to be determined by measuring 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-quinolinoxyacetic acid), expressed as cloquintocet-mexyl, in 
or on the following commodities:

Table 1 to Paragraph (a)

* * * * *
[FR Doc. 2024-05434 Filed 3-13-24; 8:45 am]
BILLING CODE 6560-50-P