Aminopyralid; Pesticide Tolerances, 17579-17584 [2010-7749]
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
Parts per
million
Commodity
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Date
Bermuda
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10
12/31/11
Bermuda
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25
12/31/11
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 2010–7745 Filed 4–6–10; 8:45 am]
I. General Information
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0141; FRL–8808–9]
Aminopyralid; Pesticide Tolerances
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes
tolerances for residues of aminopyralid,
including its metabolites and
degradates, in or on corn, field, forage;
corn, field, grain; and corn, field, stover.
Dow AgroSciences requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective April
7, 2010. Objections and requests for
hearings must be received on or before
June 7, 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–2009–0141. All documents in the
docket are listed in the docket index
available at https://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
https://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
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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:
Susan Stanton, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–5218; e-mail address:
stanton.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
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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 https://www.gpoaccess.gov/ecfr.
To access the OPPTS harmonized test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/oppts and select ‘‘Test
Methods & Guidelines’’ on the left-side
navigation menu.
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
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17579
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–2009–0141 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 7, 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
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–2009–0141, by one of the
following methods:
• Federal eRulemaking Portal: https://
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
In the Federal Register of May 6, 2009
(74 FR 20947) (FRL–8412–7), EPA
issued a notice pursuant to section
408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 8F7455) by Dow
AgroSciences, 9330 Zionsville Rd.,
Indianapolis, IN 46268. The petition
requested that 40 CFR 180.610 be
amended by establishing tolerances for
combined residues of the herbicide
aminopyralid, 4-amino-3,6-dichloro-2pyridinecarboxylic acid, and its glucose
conjugate, expressed as total parent, in
or on corn, forage at 0.30 parts per
million (ppm); corn, grain at 0.20 ppm;
and corn, stover at 0.20 ppm. That
notice referenced a summary of the
petition prepared by Dow AgroSciences,
the registrant, which is available to the
public in the docket, https://
www.regulations.gov. Comments were
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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 has revised
the corn commodity terminology and
tolerance expression for aminopyralid.
The reasons for these changes are
explained in Unit IV.D.
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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 petitioned-for
tolerances for residues of aminopyralid,
including its metabolites and
degradates, on corn, field, forage at 0.30
ppm; corn, field, grain at 0.20 ppm; and
corn, field, stover at 0.20 ppm. EPA’s
assessment of exposures and risks
associated with establishing tolerances
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.
The toxicology database for
aminopyralid includes toxicity studies
conducted with the acid (XDE-750) and
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the triisopropanolammonium (TIPA)
salt (GF-871). The acute toxicity data
indicate that both the acid and salt have
low toxicity via oral, dermal, and
inhalation routes of exposure; and that
neither is a skin irritant or skin
sensitizer. The TIPA salt is not irritating
to the eye; however, aminopyralid acid
is severely irritating to the eye.
Longer term studies indicate that the
stomach, ileum, and cecum are targets
for aminopyralid. In a subchronic
feeding study in rats (XDE-750),
hyperplasia of the mucosal epithelium
of the ileum and cecum was observed at
the highest dose tested (HDT) of 1,000
milligrams/kilograms/day (mg/kg/day).
Chronic exposure in rats (XDE-750) also
resulted in hyperplasia of the mucosal
epithelium, along with cecal
enlargement and decreased body
weights at a lower dose of 500 mg/kg/
day. Hypertrophy and hyperplasia of the
mucosal epithelium were seen after
subchronic exposure in dogs (XDE-750)
at the HDT of 929 mg/kg/day.
Thickening of the stomach mucosa
(females), hyperplasia and hypertrophy
of the mucosal epithelium, slight
lymphoid hyperplasia of the gastric
mucosa, and very slight/slight chronic
mucosal inflammation were observed in
dogs after chronic exposure at the HDT
of 967 mg/kg/day. No adverse effects
were observed in subchronic or chronic
feeding studies in mice.
Stomach effects were also observed in
a developmental toxicity study in
rabbits conducted with the acid (XDE750). Ulcers and erosions were seen in
the glandular mucosa of the stomach at
500 mg/kg/day in maternal animals.
Other effects noted were decreased body
weights and incoordinated gait. No
developmental effects were seen in
fetuses at 500 mg/kg/day. The high dose
group was removed from the study
because of the severity of the clinical
signs that were observed (incoordinated
gait, significant body weight losses, and
decreased food intake). In another
developmental rabbit study conducted
with the TIPA salt (GF-871), severe
inanition (exhaustion from lack of food),
body weight loss, decreased fecal
output, and incoordinated gait were
observed at 260 mg/kg/day. At 520 mg/
kg/day, decreased fetal body weights
were observed. No effects were noted in
developmental toxicity studies in rats
with XDE-750 or GF-871 or a
reproduction study in rats with XDE750. There was no qualitative or
quantitative evidence of increased
susceptibility of fetuses or offspring in
any of the developmental and
reproduction toxicity studies conducted
with aminopyralid.
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No systemic toxic effects were
observed in a 28–day dermal toxicity
study in rats with XDE-750; however,
dermal toxicity was indicated by slight
epidermal hyperplasia in males at 1,000
mg/kg/day.
In an acute neurotoxicity study in rats
(XDE-750), fecal soiling in males and
urine soiling in females were observed
at 2,000 mg/kg/day. No adverse effects
were observed in a chronic
neurotoxicity study in rats up to 1,000
mg/kg/day.
Aminopyralid is classified as ‘‘not
likely to be carcinogenic to humans.’’ No
increase in any tumors was found in
carcinogenicity studies in rats and mice.
Aminopyralid was negative in all
mutagenicity studies, except for an in
vitro chromosome aberration assay in
Sprague Dawley rats. In this assay, XDE750 induced chromosome aberrations,
but only at cytotoxic concentrations.
The clastogenic response was induced
secondarily to toxicity.
Specific information on the studies
received and the nature of the adverse
effects caused by aminopyralid as well
as the no-observed-adverse-effect-level
(NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the
toxicity studies can be found at https://
www.regulations.gov in the document
‘‘Aminopyralid. Human Health Risk
Assessment for the Proposed Use on
Field Corn (PP#8F7455)’’ at page 40 in
docket ID number EPA–HQ–OPP–2009–
0141.
B. Toxicological Endpoints
For hazards that have a threshold
below which there is no appreciable
risk, a toxicological point of departure
(POD) is identified as the basis for
derivation of reference values for risk
assessment. The POD may be defined as
the highest dose at which no adverse
effects are observed (the NOAEL) in the
toxicology study identified as
appropriate for use in risk assessment.
However, if a NOAEL cannot be
determined, the lowest dose at which
adverse effects of concern are identified
(the LOAEL) or a benchmark dose
(BMD) approach is sometimes used for
risk assessment. Uncertainty/safety
factors (UFs) are used in conjunction
with the POD to take into account
uncertainties inherent in the
extrapolation from laboratory animal
data to humans and in the variations in
sensitivity among members of the
human population as well as other
unknowns. Safety is assessed for acute
and chronic dietary risks by comparing
aggregate food and water exposure to
the pesticide to the acute population
adjusted dose (aPAD) and chronic
population adjusted dose (cPAD). The
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aPAD and cPAD are calculated by
dividing the POD by all applicable UFs.
Aggregate short-, intermediate-, and
chronic-term risks are evaluated by
comparing 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. This latter value is referred to
as the level of concern (LOC).
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 greater than that 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/
pesticides/factsheets/riskassess.htm.
A summary of the toxicological
endpoints for aminopyralid used for
human risk assessment can be found at
https://www.regulations.gov in the
document ‘‘Aminopyralid: Human
Health Risk Assessment for the
Proposed Use on Field Corn
(PP#8F7455)’’ at page 20 in docket ID
number EPA–HQ–OPP–2009–0141.
C. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to aminopyralid, EPA
considered exposure under the
petitioned-for tolerances as well as all
existing aminopyralid tolerances in 40
CFR 180.610. EPA assessed dietary
exposures from aminopyralid 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 aminopyralid; therefore, a
quantitative acute dietary exposure
assessment is unnecessary.
ii. Chronic exposure. In conducting
the chronic dietary exposure assessment
EPA used the food consumption data
from the U.S. Department of Agriculture
(USDA) 1994–1996 and 1998
Continuing Survey of Food Intake by
Individuals (CSFII). As to residue levels
in food, EPA assumed that residues are
present in all commodities at the
tolerance level and that 100% of
commodities are treated with
aminopyralid. The Dietary Exposure
Evaluation Model (DEEM)(tm) 7.81
default concentration factors were used
to estimate residues of aminopyralid in
processed commodities.
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iii. Cancer. Based on the results of
carcinogenicity studies in rats and mice,
EPA classified aminopyralid as ‘‘not
likely to be carcinogenic to humans.’’
Therefore, an exposure assessment to
evaluate cancer risk is unnecessary for
this chemical.
iv. Anticipated residue and percent
crop treated (PCT) information. EPA did
not use anticipated residue or PCT
information in the dietary assessment
for aminopyralid. Tolerance level
residues and 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 aminopyralid in drinking water.
These simulation models take into
account data on the physical, chemical,
and fate/transport characteristics of
aminopyralid. Further information
regarding EPA drinking water models
used in pesticide exposure assessment
can be found at https://www.epa.gov/
oppefed1/models/water/index.htm.
Based on the First Index Reservoir
Screening Tool (FIRST) and Screening
Concentration in Ground Water (SCIGROW) models, the estimated drinking
water concentrations (EDWCs) of
aminopyralid for chronic exposures for
non-cancer assessments (the only
dietary exposure scenario of concern for
aminopyralid) are estimated to be 1.937
parts per billion (ppb) for surface water
and 0.63 ppb for ground water.
Modeled estimates of drinking water
concentrations were directly entered
into the dietary exposure model. For
chronic dietary risk assessment, the
water concentration of value 1.937 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 nonoccupational, non-dietary exposure
(e.g., for lawn and garden pest control,
indoor pest control, termiticides, and
flea and tick control on pets).
Aminopyralid is currently registered
for the following uses that could result
in residential exposures: Natural
recreation areas, such as wildlife
management areas, campgrounds,
trailheads and trails. EPA assessed
residential exposure using the following
assumptions:
Aminopyralid is not applied by
homeowners to residential or
recreational settings; therefore, only
post-application residential exposures
were considered. A dermal endpoint of
concern has not been identified for
aminopyralid and postapplication
inhalation exposure following treatment
of recreation areas is expected to be
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negligible for adults and children. There
is, however, the potential for short-term
postapplication oral exposure of
children playing in areas treated with
aminopyralid. EPA assessed the
following incidental oral exposure
scenarios: Hand-to-mouth transfer of
residues; object-to-mouth transfer of
residues; and ingestion of soil
containing aminopyralid residues.
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 aminopyralid to
share a common mechanism of toxicity
with any other substances, and
aminopyralid does not appear to
produce a toxic metabolite produced by
other substances. For the purposes of
this tolerance action, therefore, EPA has
assumed that aminopyralid 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/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
Food Quality Protection Act Safety
Factors (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.
The prenatal and postnatal toxicity
database for aminopyralid includes
harmonized guideline rat and rabbit
developmental toxicity studies for both
the acid and TIPA salt of aminopyralid
and a two-generation reproduction
toxicity study in rats conducted using
aminopyralid acid. As discussed in Unit
III.A (Toxicological Profile), there is no
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quantitative or qualitative evidence of
increased susceptibility of fetuses or
offspring in any of these studies.
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
aminopyralid is adequate to assess preand postnatal toxicity. In accordance
with 40 CFR part 158 Toxicology Data
requirements, an immunotoxicity study
(guideline 870.7800) is required for
aminopyralid. In the absence of specific
immunotoxicity studies, EPA has
evaluated the available aminopyralid
data to determine whether an additional
uncertainty factor is needed to account
for potential immunotoxicity. The
toxicology database for aminopyralid
does not show any evidence of
treatment-related effects on the immune
system. The overall weight-of-evidence
suggests that this chemical does not
directly target the immune system, and
the Agency does not believe that
conducting a functional immunotoxicity
study will result in a lower POD than
that currently used for overall risk
assessment. Therefore, a database
uncertainty factor (UFDB) is not needed
to account for the lack of this study.
ii. No evidence of neurotoxicity was
observed in acute or chronic
neurotoxicity studies. Incoordinated
gait, along with a lack of ambulatory
movement, was observed in
developmental toxicity studies (XDE750 and GF-871) in rabbits at 500 mg/
kg/day. However, the incoordination
was transient (complete resolution
within 2 hours postdosing) and
considered to be a result of frank
toxicity, rather than a neurotoxic event.
Additionally, no signs of neurotoxicity
were observed in other toxicity studies,
and no evidence of quantitative or
qualitative susceptibility was observed
in developmental toxicity studies in rats
or rabbits or a reproduction study in
rats. Based on these findings, EPA has
concluded that there is no need for a
developmental neurotoxicity study or
additional UFs to account for
neurotoxicity.
iii. There is no evidence that
aminopyralid results in increased
susceptibility in in utero rats or rabbits
in the prenatal developmental studies or
offspring in the 2–generation
reproduction study.
iv. There are no residual uncertainties
identified in the exposure databases.
The dietary food exposure assessments
were performed based on 100 PCT and
tolerance-level residues. EPA made
conservative (protective) assumptions in
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the ground and surface water modeling
used to assess exposure to aminopyralid
in drinking water. EPA used similarly
conservative assumptions to assess
postapplication exposure of children as
well as incidental oral exposure of
toddlers. These assessments will not
underestimate the exposure and risks
posed by aminopyralid.
E. Aggregate Risks and Determination of
Safety
EPA determines whether acute and
chronic pesticide exposures are safe by
comparing aggregate exposure estimates
to the aPAD and cPAD. The aPAD and
cPAD represent the highest safe
exposures, taking into account all
appropriate SFs. EPA calculates the
aPAD and cPAD by dividing the POD by
all applicable UFs. For linear cancer
risks, EPA calculates the probability of
additional cancer cases 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 POD to
ensure that the MOE called for by the
product of all applicable UFs is not
exceeded.
1. Acute risk. An acute aggregate risk
assessment takes into account exposure
estimates from acute 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, aminopyralid 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 aminopyralid
from food and water will utilize <1% of
the cPAD for the general U.S.
population and all population
subgroups, including children 1 to 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 aminopyralid 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). Aminopyralid 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
aminopyralid.
Using the exposure assumptions
described in this unit for short-term
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exposures, EPA has concluded the
combined short-term food, water, and
residential exposures aggregated result
in aggregate MOEs of between 25,000
and 33,000 for children’s population
subgroups. The aggregate MOEs include
dietary exposures from food and
drinking water as well as
postapplication incidental oral exposure
of children and toddlers playing in
recreational areas treated with
aminopyralid. Although short-term
residential postapplication exposure of
adults could result from the use of
aminopyralid, inhalation exposures are
expected to be negligible and a dermal
endpoint of concern has not been
identified for aminopyralid. Therefore,
the short-term aggregate risk for adults
is the sum of the risk from exposure to
aminopyralid through food and water,
which has already been addressed, and
will not be greater than the chronic
aggregate risk.
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).
Aminopyralid is not registered for any
use patterns that would result in
intermediate-term residential exposure.
Therefore, the intermediate-term
aggregate risk is the sum of the risk from
exposure to aminopyralid through food
and water, which has already been
addressed, and will not be greater than
the chronic aggregate risk.
5. Aggregate cancer risk for U.S.
population. Based on a lack of evidence
for carcinogenicity in mice and rats
following long-term dietary
administration, aminopyralid is not
expected to pose a cancer risk.
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
aminopyralid residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology,
Liquid Chromatography/Mass
Spectrometry/Mass Spectrometry (LC/
MS/MS), Method GRM 07.07, 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; e-mail address:
residuemethods@epa.gov.
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
B. International Residue Limits
No Codex, Canadian or Mexican
MRLs have been established for corn
commodities.
C. Response to Comments
WReier-Aviles on DSKGBLS3C1PROD with RULES
EPA received comments from an
anonymous submitter objecting to
pesticides and other ‘‘toxic’’ chemicals
generally and recommending against
any tolerances greater than zero for this
product. The Agency understands the
commenter’s concerns and recognizes
that some individuals believe that
pesticides should be banned
completely. However, the existing legal
framework provided by section 408 of
the FFDCA contemplates that tolerances
greater than zero may be set when
persons seeking such tolerances or
exemptions have demonstrated that the
pesticide meets the safety standard
imposed by that statute. This
submitter’s comments appear to be
directed at the underlying statute and
not EPA’s implementation of it; the
citizen has made no contention that
EPA has acted in violation of the
statutory framework.
determined by measuring only
aminopyralid.
EPA has determined that it is
reasonable to make these changes final
without prior proposal and opportunity
for comment, because public comment
is not necessary, in that the changes
have no substantive effect on the
tolerances, but rather are merely
intended to clarify the existing tolerance
expressions.
V. Conclusion
Therefore, tolerances are established
for residues of aminopyralid, 4-amino3,6-dichloro-2-pyridinecarboxylic acid,
including its metabolites and
degradates, in or on corn, field, forage
at 0.30 ppm; corn, field, grain at 0.20
ppm; and corn, field, stover at 0.20
ppm. Compliance with these tolerance
levels is to be determined by measuring
only free and conjugated aminopyralid.
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
D. Revisions to Petitioned-For
of actions from review under Executive
Tolerances
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
EPA has revised the commodity terms October 4, 1993). Because this final rule
‘‘corn, forage,’’ ‘‘corn, grain,’’ and ‘‘corn,
has been exempted from review under
stover,’’ to read ‘‘corn, field, forage,’’
Executive Order 12866, this final rule is
‘‘corn, field, grain,’’ and ‘‘corn, field,
not subject to Executive Order 13211,
stover’’ to agree with the Agency’s Food
entitled Actions Concerning Regulations
and Feed Commodity Vocabulary.
That Significantly Affect Energy Supply,
EPA is also revising the tolerance
Distribution, or Use (66 FR 28355, May
expression for existing tolerances and
22, 2001) or Executive Order 13045,
the new tolerances on corn commodities entitled Protection of Children from
to clarify the chemical moieties that are
Environmental Health Risks and Safety
covered by the tolerances and specify
Risks (62 FR 19885, April 23, 1997).
how compliance with the tolerances is
This final rule does not contain any
to be measured. Plant tolerances are
information collections subject to OMB
currently expressed in terms of ‘‘free and approval under the Paperwork
conjugated residues of the herbicide
Reduction Act (PRA), 44 U.S.C. 3501 et
aminopyralid, 2-pyridine carboxylic
seq., nor does it require any special
acid, 4-amino-3,6-dichloro-, calculated
considerations under Executive Order
as aminopyralid.’’ Livestock tolerances
12898, entitled Federal Actions to
are currently expressed in terms of
Address Environmental Justice in
‘‘residues of the herbicide
Minority Populations and Low-Income
aminopyralid.’’ The tolerance expression Populations (59 FR 7629, February 16,
for plants is being revised to make clear 1994).
that the tolerances cover residues of
Since tolerances and exemptions that
aminopyralid, 4-amino-3,6-dichloro-2are established on the basis of a petition
pyridinecarboxylic acid, including its
under section 408(d) of FFDCA, such as
metabolites and degradates. Compliance the tolerance in this final rule, do not
with the tolerances is to be determined
require the issuance of a proposed rule,
by measuring only free and conjugated
the requirements of the Regulatory
aminopyralid. Similarly, the tolerance
Flexibility Act (RFA) (5 U.S.C. 601 et
expression for livestock commodities is
seq.) do not apply.
This final rule directly regulates
being revised to clarify that the
growers, food processors, food handlers,
tolerances cover residues of
and food retailers, not States or tribes,
aminopyralid, including its metabolites
nor does this action alter the
and degradates, but that compliance
relationships or distribution of power
with the tolerance levels will be
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17583
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 26, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
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17584
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
alphabetically adding commodities to
the table in paragraph (a)(1) to read as
follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.610 is amended by
revising the introductory text in
paragraphs (a)(1) and (a)(2) and
■
§ 180.610
residues.
Aminopyralid; tolerances for
(a) * * * (1) Tolerances are established
for residues of the herbicide
aminopyralid, 4-amino-3,6-dichloro-2pyridinecarboxylic acid, including its
metabolites and degradates, in or on the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring only free and conjugated
aminopyralid.
Commodity
Parts per million
Corn, field, forage ....................................................................................................
Corn, field, grain ......................................................................................................
Corn, field, stover ....................................................................................................
*
*
*
*
(2) Tolerances are established for
residues of the herbicide aminopyralid,
4-amino-3,6-dichloro-2pyridinecarboxylic acid, including its
metabolites and degradates, in or on the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring only aminopyralid.
*
*
*
*
*
[FR Doc. 2010–7749 Filed 4–6–10; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[CC Docket No. 02–6; FCC 09–105]
Schools and Libraries Universal
Service Support Mechanism
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: In this document, the Federal
Communications Commission
(Commission) addresses matters related
to the eligibility of products and
services under the schools and libraries
universal service support mechanism,
also known as the E-rate program. First,
in the Report and Order, the
Commission modifies its rules to
expressly include interconnected voice
over Internet protocol (VoIP) and text
messaging as eligible services under the
E-rate program. Second, in the process
of releasing the list of services that will
be eligible for discounts for E-rate
funding year 2010, the Commission
clarifies the E-rate program eligibility of
video on-demand servers, ethernet, web
hosting, wireless local area network
(LAN) controllers, and virtualization
software. It also finds that telephone
broadcast messaging, unbundled
warranties, power distribution units,
softphones, interactive white boards,
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0.20
0.20
*
and e-mail archiving are ineligible for
E-rate program funding.
DATES: Effective May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Cara
Voth, Wireline Competition Bureau,
Telecommunications Access Policy
Division, (202) 418–7400 or TTY: (202)
418–0484.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order in CC Docket No. 02–6, FCC
09–105, adopted December 1, 2009, and
released December 2, 2009. The
complete text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554. The
document may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160 or (202) 863–2893, facsimile
(202) 863–2898, or via the Internet at
https://www.bcpiweb.com. It is also
available on the Commission’s Web site
at https://www.fcc.gov.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Synopsis of the Report and Order
I. Introduction
1. In the Report and Order, we
conclude that interconnected VoIP
service is eligible for E-rate support and
should continue to be an eligible service
under the E-rate program. We also
conclude that text messaging is eligible
for E-rate support. In response to the
2010 ESL Public Notice, we clarify the
E-rate program eligibility of video ondemand servers, ethernet, web hosting,
wireless local area network (LAN)
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controllers, and virtualization software.
We find that telephone broadcast
messaging, unbundled warranties,
power distribution units, softphones,
interactive white boards, and e-mail
archiving are ineligible for E-rate
program funding. Finally, we release the
Eligible Services List (ESL) for E-rate
funding year 2010.
II. Background
2. Under the E-rate program, eligible
schools, libraries, and consortia that
include eligible schools and libraries
may receive discounts for eligible
telecommunications services, Internet
access, and internal connections.
Section 254 of the Communications Act
of 1934, as amended (the Act), gives the
Commission the authority to designate
‘‘telecommunications services’’ and
certain additional services eligible for
support under the E-rate program. The
Commission may also designate services
eligible for E-rate support as part of its
authority to enhance, to the extent
technically feasible and economically
reasonable, access to advanced
telecommunications and information
services for all public and non-profit
elementary and secondary school
classrooms and libraries.
3. Since the initial implementation of
the E-rate program in 1998, and
consistent with the Commission’s rules
and requirements, USAC has developed
procedures and guidelines to ensure
that E-rate funding is provided only for
eligible services. Initially, the
Commission directed USAC, in
consultation with the Commission, to
determine whether particular services
fell within the eligibility criteria
established under the Act and the
Commission’s rules and policies. USAC
began to update and post to its Web site
on an annual basis a list of services and
products eligible to receive discounts
under the E-rate program, now known
as the ESL. In consultation with the
Wireline Competition Bureau (Bureau),
USAC updated the list to reflect any
E:\FR\FM\07APR1.SGM
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Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Rules and Regulations]
[Pages 17579-17584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7749]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2009-0141; FRL-8808-9]
Aminopyralid; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes tolerances for residues of
aminopyralid, including its metabolites and degradates, in or on corn,
field, forage; corn, field, grain; and corn, field, stover. Dow
AgroSciences requested these tolerances under the Federal Food, Drug,
and Cosmetic Act (FFDCA).
DATES: This regulation is effective April 7, 2010. Objections and
requests for hearings must be received on or before June 7, 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-2009-0141. All documents in the
docket are listed in the docket index available at https://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 https://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: Susan Stanton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-5218; e-mail address: stanton.susan@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.
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 https://www.gpoaccess.gov/ecfr. To
access the OPPTS harmonized test guidelines referenced in this document
electronically, please go to https://www.epa.gov/oppts and select ``Test
Methods & Guidelines'' on the left-side navigation menu.
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-2009-0141 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 7, 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 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-2009-0141, by one of the following methods:
Federal eRulemaking Portal: https://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
In the Federal Register of May 6, 2009 (74 FR 20947) (FRL-8412-7),
EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of a pesticide petition (PP 8F7455)
by Dow AgroSciences, 9330 Zionsville Rd., Indianapolis, IN 46268. The
petition requested that 40 CFR 180.610 be amended by establishing
tolerances for combined residues of the herbicide aminopyralid, 4-
amino-3,6-dichloro-2-pyridinecarboxylic acid, and its glucose
conjugate, expressed as total parent, in or on corn, forage at 0.30
parts per million (ppm); corn, grain at 0.20 ppm; and corn, stover at
0.20 ppm. That notice referenced a summary of the petition prepared by
Dow AgroSciences, the registrant, which is available to the public in
the docket, https://www.regulations.gov. Comments were
[[Page 17580]]
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 has
revised the corn commodity terminology and tolerance expression for
aminopyralid. The reasons 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 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 petitioned-for
tolerances for residues of aminopyralid, including its metabolites and
degradates, on corn, field, forage at 0.30 ppm; corn, field, grain at
0.20 ppm; and corn, field, stover at 0.20 ppm. EPA's assessment of
exposures and risks associated with establishing tolerances 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.
The toxicology database for aminopyralid includes toxicity studies
conducted with the acid (XDE-750) and the triisopropanolammonium (TIPA)
salt (GF-871). The acute toxicity data indicate that both the acid and
salt have low toxicity via oral, dermal, and inhalation routes of
exposure; and that neither is a skin irritant or skin sensitizer. The
TIPA salt is not irritating to the eye; however, aminopyralid acid is
severely irritating to the eye.
Longer term studies indicate that the stomach, ileum, and cecum are
targets for aminopyralid. In a subchronic feeding study in rats (XDE-
750), hyperplasia of the mucosal epithelium of the ileum and cecum was
observed at the highest dose tested (HDT) of 1,000 milligrams/
kilograms/day (mg/kg/day). Chronic exposure in rats (XDE-750) also
resulted in hyperplasia of the mucosal epithelium, along with cecal
enlargement and decreased body weights at a lower dose of 500 mg/kg/
day. Hypertrophy and hyperplasia of the mucosal epithelium were seen
after subchronic exposure in dogs (XDE-750) at the HDT of 929 mg/kg/
day. Thickening of the stomach mucosa (females), hyperplasia and
hypertrophy of the mucosal epithelium, slight lymphoid hyperplasia of
the gastric mucosa, and very slight/slight chronic mucosal inflammation
were observed in dogs after chronic exposure at the HDT of 967 mg/kg/
day. No adverse effects were observed in subchronic or chronic feeding
studies in mice.
Stomach effects were also observed in a developmental toxicity
study in rabbits conducted with the acid (XDE-750). Ulcers and erosions
were seen in the glandular mucosa of the stomach at 500 mg/kg/day in
maternal animals. Other effects noted were decreased body weights and
incoordinated gait. No developmental effects were seen in fetuses at
500 mg/kg/day. The high dose group was removed from the study because
of the severity of the clinical signs that were observed (incoordinated
gait, significant body weight losses, and decreased food intake). In
another developmental rabbit study conducted with the TIPA salt (GF-
871), severe inanition (exhaustion from lack of food), body weight
loss, decreased fecal output, and incoordinated gait were observed at
260 mg/kg/day. At 520 mg/kg/day, decreased fetal body weights were
observed. No effects were noted in developmental toxicity studies in
rats with XDE-750 or GF-871 or a reproduction study in rats with XDE-
750. There was no qualitative or quantitative evidence of increased
susceptibility of fetuses or offspring in any of the developmental and
reproduction toxicity studies conducted with aminopyralid.
No systemic toxic effects were observed in a 28-day dermal toxicity
study in rats with XDE-750; however, dermal toxicity was indicated by
slight epidermal hyperplasia in males at 1,000 mg/kg/day.
In an acute neurotoxicity study in rats (XDE-750), fecal soiling in
males and urine soiling in females were observed at 2,000 mg/kg/day. No
adverse effects were observed in a chronic neurotoxicity study in rats
up to 1,000 mg/kg/day.
Aminopyralid is classified as ``not likely to be carcinogenic to
humans.'' No increase in any tumors was found in carcinogenicity
studies in rats and mice. Aminopyralid was negative in all mutagenicity
studies, except for an in vitro chromosome aberration assay in Sprague
Dawley rats. In this assay, XDE-750 induced chromosome aberrations, but
only at cytotoxic concentrations. The clastogenic response was induced
secondarily to toxicity.
Specific information on the studies received and the nature of the
adverse effects caused by aminopyralid 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 https://www.regulations.gov in the document ``Aminopyralid. Human Health Risk
Assessment for the Proposed Use on Field Corn (PP#8F7455)'' at page 40
in docket ID number EPA-HQ-OPP-2009-0141.
B. Toxicological Endpoints
For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the highest dose at which no
adverse effects are observed (the NOAEL) in the toxicology study
identified as appropriate for use in risk assessment. However, if a
NOAEL cannot be determined, the lowest dose at which adverse effects of
concern are identified (the LOAEL) or a benchmark dose (BMD) approach
is sometimes used for risk assessment. Uncertainty/safety factors (UFs)
are used in conjunction with the POD to take into account uncertainties
inherent in the extrapolation from laboratory animal data to humans and
in the variations in sensitivity among members of the human population
as well as other unknowns. Safety is assessed for acute and chronic
dietary risks by comparing aggregate food and water exposure to the
pesticide to the acute population adjusted dose (aPAD) and chronic
population adjusted dose (cPAD). The
[[Page 17581]]
aPAD and cPAD are calculated by dividing the POD by all applicable UFs.
Aggregate short-, intermediate-, and chronic-term risks are evaluated
by comparing 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. This latter value is referred to as the
level of concern (LOC).
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
greater than that 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/pesticides/factsheets/riskassess.htm.
A summary of the toxicological endpoints for aminopyralid used for
human risk assessment can be found at https://www.regulations.gov in the
document ``Aminopyralid: Human Health Risk Assessment for the Proposed
Use on Field Corn (PP#8F7455)'' at page 20 in docket ID number EPA-HQ-
OPP-2009-0141.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to aminopyralid, EPA considered exposure under the petitioned-
for tolerances as well as all existing aminopyralid tolerances in 40
CFR 180.610. EPA assessed dietary exposures from aminopyralid 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 aminopyralid; therefore, a
quantitative acute dietary exposure assessment is unnecessary.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the U.S. Department
of Agriculture (USDA) 1994-1996 and 1998 Continuing Survey of Food
Intake by Individuals (CSFII). As to residue levels in food, EPA
assumed that residues are present in all commodities at the tolerance
level and that 100% of commodities are treated with aminopyralid. The
Dietary Exposure Evaluation Model (DEEM)(tm) 7.81 default concentration
factors were used to estimate residues of aminopyralid in processed
commodities.
iii. Cancer. Based on the results of carcinogenicity studies in
rats and mice, EPA classified aminopyralid as ``not likely to be
carcinogenic to humans.'' Therefore, an exposure assessment to evaluate
cancer risk is unnecessary for this chemical.
iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use anticipated residue or PCT information in the dietary
assessment for aminopyralid. Tolerance level residues and 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 aminopyralid in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of aminopyralid. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at https://www.epa.gov/oppefed1/models/water/index.htm.
Based on the First Index Reservoir Screening Tool (FIRST) and
Screening Concentration in Ground Water (SCI-GROW) models, the
estimated drinking water concentrations (EDWCs) of aminopyralid for
chronic exposures for non-cancer assessments (the only dietary exposure
scenario of concern for aminopyralid) are estimated to be 1.937 parts
per billion (ppb) for surface water and 0.63 ppb for ground water.
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For chronic dietary risk
assessment, the water concentration of value 1.937 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).
Aminopyralid is currently registered for the following uses that
could result in residential exposures: Natural recreation areas, such
as wildlife management areas, campgrounds, trailheads and trails. EPA
assessed residential exposure using the following assumptions:
Aminopyralid is not applied by homeowners to residential or
recreational settings; therefore, only post-application residential
exposures were considered. A dermal endpoint of concern has not been
identified for aminopyralid and postapplication inhalation exposure
following treatment of recreation areas is expected to be negligible
for adults and children. There is, however, the potential for short-
term postapplication oral exposure of children playing in areas treated
with aminopyralid. EPA assessed the following incidental oral exposure
scenarios: Hand-to-mouth transfer of residues; object-to-mouth transfer
of residues; and ingestion of soil containing aminopyralid residues.
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 aminopyralid to share a common mechanism of
toxicity with any other substances, and aminopyralid does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
aminopyralid 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/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 Food Quality
Protection Act Safety Factors (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. The prenatal and postnatal
toxicity database for aminopyralid includes harmonized guideline rat
and rabbit developmental toxicity studies for both the acid and TIPA
salt of aminopyralid and a two-generation reproduction toxicity study
in rats conducted using aminopyralid acid. As discussed in Unit III.A
(Toxicological Profile), there is no
[[Page 17582]]
quantitative or qualitative evidence of increased susceptibility of
fetuses or offspring in any of these studies.
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 aminopyralid is adequate to assess
pre- and postnatal toxicity. In accordance with 40 CFR part 158
Toxicology Data requirements, an immunotoxicity study (guideline
870.7800) is required for aminopyralid. In the absence of specific
immunotoxicity studies, EPA has evaluated the available aminopyralid
data to determine whether an additional uncertainty factor is needed to
account for potential immunotoxicity. The toxicology database for
aminopyralid does not show any evidence of treatment-related effects on
the immune system. The overall weight-of-evidence suggests that this
chemical does not directly target the immune system, and the Agency
does not believe that conducting a functional immunotoxicity study will
result in a lower POD than that currently used for overall risk
assessment. Therefore, a database uncertainty factor (UFDB) is not
needed to account for the lack of this study.
ii. No evidence of neurotoxicity was observed in acute or chronic
neurotoxicity studies. Incoordinated gait, along with a lack of
ambulatory movement, was observed in developmental toxicity studies
(XDE-750 and GF-871) in rabbits at 500 mg/kg/day. However, the
incoordination was transient (complete resolution within 2 hours
postdosing) and considered to be a result of frank toxicity, rather
than a neurotoxic event. Additionally, no signs of neurotoxicity were
observed in other toxicity studies, and no evidence of quantitative or
qualitative susceptibility was observed in developmental toxicity
studies in rats or rabbits or a reproduction study in rats. Based on
these findings, EPA has concluded that there is no need for a
developmental neurotoxicity study or additional UFs to account for
neurotoxicity.
iii. There is no evidence that aminopyralid results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or offspring in the 2-generation reproduction
study.
iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 PCT and tolerance-level residues. EPA made conservative
(protective) assumptions in the ground and surface water modeling used
to assess exposure to aminopyralid in drinking water. EPA used
similarly conservative assumptions to assess postapplication exposure
of children as well as incidental oral exposure of toddlers. These
assessments will not underestimate the exposure and risks posed by
aminopyralid.
E. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic pesticide exposures are
safe by comparing aggregate exposure estimates to the aPAD and cPAD.
The aPAD and cPAD represent the highest safe exposures, taking into
account all appropriate SFs. EPA calculates the aPAD and cPAD by
dividing the POD by all applicable UFs. For linear cancer risks, EPA
calculates the probability of additional cancer cases 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 POD to ensure that the MOE called for
by the product of all applicable UFs is not exceeded.
1. Acute risk. An acute aggregate risk assessment takes into
account exposure estimates from acute 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,
aminopyralid 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
aminopyralid from food and water will utilize <1% of the cPAD for the
general U.S. population and all population subgroups, including
children 1 to 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
aminopyralid 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). Aminopyralid
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 aminopyralid.
Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures aggregated result in aggregate MOEs of
between 25,000 and 33,000 for children's population subgroups. The
aggregate MOEs include dietary exposures from food and drinking water
as well as postapplication incidental oral exposure of children and
toddlers playing in recreational areas treated with aminopyralid.
Although short-term residential postapplication exposure of adults
could result from the use of aminopyralid, inhalation exposures are
expected to be negligible and a dermal endpoint of concern has not been
identified for aminopyralid. Therefore, the short-term aggregate risk
for adults is the sum of the risk from exposure to aminopyralid through
food and water, which has already been addressed, and will not be
greater than the chronic aggregate risk.
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). Aminopyralid is not registered for any use patterns that would
result in intermediate-term residential exposure. Therefore, the
intermediate-term aggregate risk is the sum of the risk from exposure
to aminopyralid through food and water, which has already been
addressed, and will not be greater than the chronic aggregate risk.
5. Aggregate cancer risk for U.S. population. Based on a lack of
evidence for carcinogenicity in mice and rats following long-term
dietary administration, aminopyralid is not expected to pose a cancer
risk.
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 aminopyralid residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology, Liquid Chromatography/Mass
Spectrometry/Mass Spectrometry (LC/MS/MS), Method GRM 07.07, 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; e-mail address: residuemethods@epa.gov.
[[Page 17583]]
B. International Residue Limits
No Codex, Canadian or Mexican MRLs have been established for corn
commodities.
C. Response to Comments
EPA received comments from an anonymous submitter objecting to
pesticides and other ``toxic'' chemicals generally and recommending
against any tolerances greater than zero for this product. The Agency
understands the commenter's concerns and recognizes that some
individuals believe that pesticides should be banned completely.
However, the existing legal framework provided by section 408 of the
FFDCA contemplates that tolerances greater than zero may be set when
persons seeking such tolerances or exemptions have demonstrated that
the pesticide meets the safety standard imposed by that statute. This
submitter's comments appear to be directed at the underlying statute
and not EPA's implementation of it; the citizen has made no contention
that EPA has acted in violation of the statutory framework.
D. Revisions to Petitioned-For Tolerances
EPA has revised the commodity terms ``corn, forage,'' ``corn,
grain,'' and ``corn, stover,'' to read ``corn, field, forage,'' ``corn,
field, grain,'' and ``corn, field, stover'' to agree with the Agency's
Food and Feed Commodity Vocabulary.
EPA is also revising the tolerance expression for existing
tolerances and the new tolerances on corn commodities to clarify the
chemical moieties that are covered by the tolerances and specify how
compliance with the tolerances is to be measured. Plant tolerances are
currently expressed in terms of ``free and conjugated residues of the
herbicide aminopyralid, 2-pyridine carboxylic acid, 4-amino-3,6-
dichloro-, calculated as aminopyralid.'' Livestock tolerances are
currently expressed in terms of ``residues of the herbicide
aminopyralid.'' The tolerance expression for plants is being revised to
make clear that the tolerances cover residues of aminopyralid, 4-amino-
3,6-dichloro-2-pyridinecarboxylic acid, including its metabolites and
degradates. Compliance with the tolerances is to be determined by
measuring only free and conjugated aminopyralid. Similarly, the
tolerance expression for livestock commodities is being revised to
clarify that the tolerances cover residues of aminopyralid, including
its metabolites and degradates, but that compliance with the tolerance
levels will be determined by measuring only aminopyralid.
EPA has determined that it is reasonable to make these changes
final without prior proposal and opportunity for comment, because
public comment is not necessary, in that the changes have no
substantive effect on the tolerances, but rather are merely intended to
clarify the existing tolerance expressions.
V. Conclusion
Therefore, tolerances are established for residues of aminopyralid,
4-amino-3,6-dichloro-2-pyridinecarboxylic acid, including its
metabolites and degradates, in or on corn, field, forage at 0.30 ppm;
corn, field, grain at 0.20 ppm; and corn, field, stover at 0.20 ppm.
Compliance with these tolerance levels is to be determined by measuring
only free and conjugated aminopyralid.
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 26, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
[[Page 17584]]
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 180.610 is amended by revising the introductory text in
paragraphs (a)(1) and (a)(2) and alphabetically adding commodities to
the table in paragraph (a)(1) to read as follows:
Sec. 180.610 Aminopyralid; tolerances for residues.
(a) * * * (1) Tolerances are established for residues of the
herbicide aminopyralid, 4-amino-3,6-dichloro-2-pyridinecarboxylic acid,
including its metabolites and degradates, in or on the commodities in
the table below. Compliance with the tolerance levels specified below
is to be determined by measuring only free and conjugated aminopyralid.
----------------------------------------------------------------------------------------------------------------
Commodity Parts per million
----------------------------------------------------------------------------------------------------------------
Corn, field, forage................................... 0.30
Corn, field, grain.................................... 0.20
Corn, field, stover................................... 0.20
* * * * *
----------------------------------------------------------------------------------------------------------------
(2) Tolerances are established for residues of the herbicide
aminopyralid, 4-amino-3,6-dichloro-2-pyridinecarboxylic acid, including
its metabolites and degradates, in or on the commodities in the table
below. Compliance with the tolerance levels specified below is to be
determined by measuring only aminopyralid.
* * * * *
[FR Doc. 2010-7749 Filed 4-6-10; 8:45 am]
BILLING CODE 6560-50-S