Azoxystrobin; Pesticide Tolerances, 41284-41291 [2012-17021]
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costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 11, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
finalizing the limited approval of the
Pennsylvania Regional Haze SIP may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
State
submittal
date
Name of non-regulatory SIP
revision
Applicable geographic area
*
*
Regional Haze Plan .................
*
Statewide ................................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0398; FRL–9352–2]
Azoxystrobin; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of azoxystrobin
in or on multiple commodities which
are identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) and Syngenta
Crop Protection requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July
13, 2012. Objections and requests for
hearings must be received on or before
September 11, 2012, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
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FOR FURTHER INFORMATION CONTACT:
Andrew Ertman, Registration Division,
(7505P) Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; email address:
ertman.andrew@epa.gov.
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40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN— Pennsylvania
2. In § 52.2520, the table in paragraph
(e) is amended by adding an entry for
Regional Haze Plan at the end of the
table to read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e)* * *
*
*
Additional explanation
*
*
*
7/13/12 [Insert page number
§ 52.2042; Limited Apwhere the document begins].
proval.
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0398;
FRL–9352–2, is available either
electronically through https://
www.regulations.gov or in hard copy at
the OPP Docket in the Environmental
Protection Agency Docket Center (EPA/
DC), located in EPA West, Rm. 3334,
1301 Constitution Ave. NW.,
Washington, DC 20460–0001. The
Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
SUPPLEMENTARY INFORMATION:
Dated: June 15, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
EPA approval date
ADDRESSES:
[FR Doc. 2012–16428 Filed 7–12–12; 8:45 am]
SUMMARY:
*
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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.
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B. How can I get electronic access to
other related information?
II. Summary of Petitioned-For
Tolerances
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
In the Federal Register of July 20,
2011 (76 FR 43231) (FRL–8880–1), EPA
issued a notice pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 1E7851) by Interregional
Research Project Number 4 (IR–4), 500
College Road East, Suite 201W,
Princeton, NJ 08540. The petition
requested that 40 CFR 180.507 be
amended by:
• Establishing tolerances for residues
of the fungicide azoxystrobin, (methyl
(E)-2-[2-[6-(2-cyanophenoxy)pyrimidin4-yloxy]phenyl]-3-methoxyacrylate) and
the Z isomer of azoxystrobin, (methyl
(Z)-2-[2-[6-(2-cyanophenoxy)pyrimidin4-yloxy]pheny1]-3-methoxyacrylate) in
or on onion, bulb subgroup 3–07A at 1.0
parts per million (ppm); onion, green
subgroup 3–07B, at 7.5 ppm; caneberry
subgroup 13–07A, at 5.0 ppm;
bushberry subgroup 13–07B, at 3.0 ppm;
small fruit vine climbing subgroup,
except fuzzy kiwifruit, 13–07F, at 1.0
ppm; low growing berry subgroup 13–
07G, except cranberry, at 10.0 ppm;
vegetable, fruiting, subgroup 8–10A, at
0.2 ppm; vegetable, fruiting, subgroups
8–10B, at 2.0 ppm; fruit, citrus, group
10–10, at 10.0 ppm; rapeseed subgroup
20A, at 1.0 ppm; sunflower subgroup
20B, at 0.5 ppm; cottonseed subgroup
20C, at 0.6 ppm; wasabi, at 50.0 ppm;
and dragon fruit, at 2.0 ppm;
• Changing the tolerance for
vegetable, tuberous and corm, subgroup
1C from 0.03 ppm to 6.0 ppm; and
• Upon approval of the tolerances
above, by removing the established
tolerances for onion, bulb at 1.0 ppm;
onion, green at 7.5 ppm; caneberry
subgroup 13–A at 5.0 ppm; bushberry
subgroup 13B at 3.0 ppm; Juneberry at
3.0 ppm; lingonberry at 3.0 ppm; salal
at 3.0 ppm; grape at 1.0 ppm; strawberry
at 10.0 ppm; tomato at 0.2 ppm;
vegetable, fruiting, group 8 except
tomato at 2.0 ppm; fruit, citrus, group 10
at 10.0 ppm; canola, seed at 1.0 ppm;
cotton, undelinted seed at 0.6 ppm;
crambe, seed at 0.5 ppm; flax, seed at
0.5 ppm; mustard, field, seed at 0.5
ppm; mustard, Indian, seed at 0.5 ppm;
mustard, seed at 0.5 ppm; rapeseed,
Indian at 0.5 ppm; rapeseed, seed at 0.5
ppm; safflower, seed at 0.5 ppm;
sunflower, seed at 0.5 ppm; potato at
0.03 ppm.
In the Federal Register of November
9, 2011 (76 FR 69690) (FRL–9325–1),
EPA issued a notice pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 1F7891) by Syngenta Crop
Protection, LLC., P.O. Box 18300,
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C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0398 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 September 11, 2012. 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 that does not
contain 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 a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2011–0398, 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), Mail Code: 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/contacts.htm.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at
https://www.epa.gov/dockets.
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Greensboro, NC 27419–8300. The
petition requested that 40 CFR 180.507
be amended by establishing a tolerance
for residues of the fungicide
azoxystrobin, (methyl (E)-2-[2-[6-(2cyanophenoxy)pyrimidin-4yloxy]phenyl]-3-methoxyacrylate) and
the Z isomer of azoxystrobin, (methyl
(Z)-2-[2-[6-(2-cyanophenoxy)pyrimidin4-yloxy]phenyl]-3-methoxyacrylate) in
or on sugarcane at 0.2 ppm.
The notices referenced summaries of
the petitions prepared by Syngenta, the
registrant, which are available in the
docket, https://www.regulations.gov.
There were no comments received in
response to these notices of filing.
Based upon review of the data
supporting the petition, EPA has
modified the levels at which tolerances
are being established for various
commodities. The reason for these
changes is explained in Unit IV.C.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. * * *’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified in
FFDCA section 408(b)(2)(D), EPA has
reviewed the available scientific data
and other relevant information in
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
aggregate exposure for azoxystrobin
including exposure resulting from the
tolerances established by this action.
EPA’s assessment of exposures and risks
associated with azoxystrobin follows.
A. Toxicological Profile
EPA has evaluated the available
toxicity data and considered its validity,
completeness, and reliability as well as
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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.
Azoxystrobin has low acute toxicity
via the oral, dermal and inhalation
routes of exposure. It is not an eye or
skin irritant and is not a skin sensitizer.
Dietary administration of azoxystrobin
to rats resulted in decreased body
weights, decreased food intake and
utilization, increased diarrhea and other
clinical toxicity observations (increased
urinary incontinence, hunched postures
and distended abdomens). In addition,
liver effects characterized by increased
liver weights, increases in alkaline
phosphatase and gama
glutamyltransferase, decreases in
albumin, gross and histological lesions
in the liver and bile ducts, were seen in
rats. In dogs, effects on liver/biliary
function were found after oral
administration.
In the acute neurotoxicity study in
rats, increased incidence of diarrhea
was observed at all dose levels tested
including the lowest-observed-adverseeffect-level (LOAEL). Decreased body
weight/weight gain and food utilization
was noted in the rat subchronic
neurotoxicity study. There were no
consistent indications of treatmentrelated neurotoxicity in either the acute
or subchronic neurotoxicity studies.
In the rat developmental toxicity
study, diarrhea, urinary incontinence
and salivation were observed in
maternal animals; in the rabbit
developmental toxicity study, maternal
animals exhibited decreased body
weight gain. No adverse treatmentrelated developmental effects were seen
in either study. In the rat reproduction
study, offspring and parental effects
(decreased body weights and increased
adjusted liver weights) were observed at
the same dose.
There was no evidence of
carcinogenicity in rats and mice at
acceptable dose levels. As a result, EPA
has classified azoxystrobin as ‘‘not
likely to be carcinogenic to humans.’’
Azoxystrobin induced a weak
mutagenic response in the mouse
lymphoma assay, but the activity
expressed in vitro is not expected to be
expressed in whole animals.
Specific information on the studies
received and the nature of the adverse
effects caused by azoxystrobin as well as
the no-observed-adverse-effect-level
(NOAEL) and the LOAEL from the
toxicity studies can be found at https://
www.regulations.gov in docket ID
number EPA–HQ–OPP–2011–0398 on
pages 38–40 of the document titled
‘‘Azoxystrobin: Human Health Risk
Assessment for Proposed Uses on
Dragon Fruit, Wasabi, and Tuberous and
Corm Vegetables (Subgroup 1C), and
from the Revisions to Various Crop
Groups (Onion Subgroups 3–07 A, B;
Fruiting Vegetable Subgroups 8–10 A, B;
Small Fruit and Berry Subgroups 13–07
A, B, F, G, Oilseeds Subgroups A, B, C;
and Citrus Fruit Group 10–10).’’
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/pesticides/factsheets/
riskassess.htm.
A summary of the toxicological
endpoints for azoxystrobin used for
human risk assessment is shown in the
following Table.
TABLE—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR AZOXYSTROBIN FOR USE IN HUMAN HEALTH RISK
ASSESSMENT
Point of departure and
uncertainty/safety factors
RfD, PAD, LOC for risk
assessment
Study and toxicological effects
Acute dietary (All Populations) ......
LOAEL = 200 mg/kg/day ..............
UFA = 10x
UFH = 10x
FQPA SF = 3x UFL
Acute RfD = 0.67 mg/kg/day ........
aPAD = 0.67 mg/kg/day
Chronic dietary (All Populations) ...
NOAEL= 18 mg/kg/day .................
UFA = 10x
UFH = 10x
FQPA SF = 1x
Chronic RfD = 0.18 mg/kg/day .....
cPAD = 0.18 mg/kg/day
Incidental oral short-term (1 to 30
days).
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Exposure/scenario
NOAEL= 25 mg/kg/day .................
UFA = 10x
UFH = 10x
FQPA SF = 1x
LOC for MOE = 100 .....................
Acute Neurotoxicity—Rat. LOAEL
= 200 mg/kg/day based on diarrhea at 2-hours post dose at all
dose levels up to and including
to LOAEL.
Combined Chronic Toxicity/Carcinogenicity Feeding Study—
Rat. LOAEL = 82.4/117 mg/kg/
day (M/F) based on reduced
body weights in both sexes and
bile duct lesions in males.
Prenatal Developmental Oral Toxicity—Rat. LOAEL = 100 mg/kg/
day based on increased maternal diarrhea, urinary incontinence, and salivation.
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TABLE—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR AZOXYSTROBIN FOR USE IN HUMAN HEALTH RISK
ASSESSMENT—Continued
Point of departure and
uncertainty/safety factors
RfD, PAD, LOC for risk
assessment
Study and toxicological effects
Oral study NOAEL= 25 mg/kg/day
(inhalation absorption rate =
100%).
UFA = 10x
UFH = 10x
FQPA SF = 1x
LOC for MOE = 100 .....................
Prenatal Developmental Oral Toxicity—Rat. LOAEL = 100 mg/kg/
day based on increased maternal diarrhea, urinary incontinence, and salivation.
Exposure/scenario
Inhalation
days).
short-term
(1
to
30
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day =
milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c =
chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in
sensitivity among members of the human population (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. mg/kg/day = milligrams/kilogram/day.
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C. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to azoxystrobin, EPA
considered exposure under the
petitioned-for tolerances as well as all
existing azoxystrobin tolerances in 40
CFR 180.507. EPA assessed dietary
exposures from azoxystrobin in food as
follows:
i. Acute exposure. Quantitative acute
dietary exposure and risk assessments
are performed for a food-use pesticide,
if a toxicological study has indicated the
possibility of an effect of concern
occurring as a result of a 1-day or single
exposure.
Such effects were identified for
azoxystrobin. In estimating acute dietary
exposure, EPA used food consumption
information from the U.S. Department of
Agriculture (USDA) 1994–1996 and
1998 Nationwide Continuing Surveys of
Food Intake by Individuals (CSFII). As
to residue levels in food, the acute
dietary assessment used tolerance levels
for all commodities, except citrus fruits
where the highest residue from crop
field trials was used, and 100 percent
crop treated (PCT) for all commodities.
Default processing factors were assumed
except for where tolerances were
established for processed commodities.
ii. Chronic exposure. In conducting
the chronic dietary exposure assessment
EPA used the food consumption data
from the USDA 1994–1996 and 1998
CSFII. As to residue levels in food, the
chronic dietary analysis for
azoxystrobin was conducted using
tolerance levels and average PCT
estimates when available. Default
processing factors were assumed except
for where tolerances were established
for processed commodities.
iii. Cancer. Based on the data
summarized in Unit III.A., EPA has
concluded that azoxystrobin does not
pose a cancer risk to humans. Therefore,
a dietary exposure assessment for the
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purpose of assessing cancer risk is
unnecessary.
iv. Anticipated residue and percent
crop treated (PCT) information. Section
408(b)(2)(E) of FFDCA authorizes EPA
to use available data and information on
the anticipated residue levels of
pesticide residues in food and the actual
levels of pesticide residues that have
been measured in food. If EPA relies on
such information, EPA must require
pursuant to FFDCA section 408(f)(1)
that data be provided 5 years after the
tolerance is established, modified, or
left in effect, demonstrating that the
levels in food are not above the levels
anticipated. For the present action, EPA
will issue such data call-ins as are
required by FFDCA section 408(b)(2)(E)
and authorized under FFDCA section
408(f)(1). Data will be required to be
submitted no later than 5 years from the
date of issuance of these tolerances.
Section 408(b)(2)(F) of FFDCA states
that the Agency may use data on the
actual percent of food treated for
assessing chronic dietary risk only if:
• Condition a: The data used are
reliable and provide a valid basis to
show what percentage of the food
derived from such crop is likely to
contain the pesticide residue.
• Condition b: The exposure estimate
does not underestimate exposure for any
significant subpopulation group.
• Condition c: Data are available on
pesticide use and food consumption in
a particular area, the exposure estimate
does not understate exposure for the
population in such area.
In addition, the Agency must provide
for periodic evaluation of any estimates
used. To provide for the periodic
evaluation of the estimate of PCT as
required by FFDCA section 408(b)(2)(F),
EPA may require registrants to submit
data on PCT.
The Agency estimated the PCT for
existing uses as follows:
Almonds, 25%; apricots, 10%;
artichokes, 25%; asparagus, 2.5%; green
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beans, 10%; blackberries, 5%;
blueberries, 10%; broccoli, 5%; cabbage,
10%; cantaloupes, 10%; carrots, 10%;
cauliflower, 2.5%; celery, 10%; cherries,
5%; corn, 2.5%; cotton, 5%; cucumbers,
20%; dry beans/peas, 1%; garlic, 60%;
grapefruit, 20%; grapes, 5%; hazelnuts
(filberts), 5%; lettuce, 2.5%; onions,
10%; oranges, 5%; peaches, 5%;
peanuts, 15%; green peas, 2.5%; pecans,
2.5%; peppers, 15%; pistachios, 15%;
potatoes, 35%; prunes, 2.5%; pumpkins,
20%; raspberries, 5%; rice, 35%;
soybeans, 2.5%; spinach, 10%; squash,
15%; strawberries, 30%; sugar beets,
5%; sweet corn, 10%; tangerines, 15%;
tomatoes, 15%; walnuts, 1%;
watermelon, 20%; wheat, 2.5%.
In most cases, EPA uses available data
from USDA/National Agricultural
Statistics Service (NASS), proprietary
market surveys, and the National
Pesticide Use Database for the chemical/
crop combination for the most recent 6–
7 years. EPA uses an average PCT for
chronic dietary risk analysis. The
average PCT figure for each existing use
is derived by combining available
public and private market survey data
for that use, averaging across all
observations, and rounding to the
nearest 5%, except for those situations
in which the average PCT is less than
1%. In those cases, 1% is used as the
average PCT and 2.5% is used as the
maximum PCT. EPA uses a maximum
PCT for acute dietary risk analysis. The
maximum PCT figure is the highest
observed maximum value reported
within the recent 6 years of available
public and private market survey data
for the existing use and rounded up to
the nearest multiple of 5%.
The Agency believes that the three
conditions discussed in Unit III.C.1.iv.
have been met. With respect to
Condition a, PCT estimates are derived
from Federal and private market survey
data, which are reliable and have a valid
basis. The Agency is reasonably certain
that the percentage of the food treated
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is not likely to be an underestimation.
As to Conditions b and c, regional
consumption information and
consumption information for significant
subpopulations is taken into account
through EPA’s computer-based model
for evaluating the exposure of
significant subpopulations including
several regional groups. Use of this
consumption information in EPA’s risk
assessment process ensures that EPA’s
exposure estimate does not understate
exposure for any significant
subpopulation group and allows the
Agency to be reasonably certain that no
regional population is exposed to
residue levels higher than those
estimated by the Agency. Other than the
data available through national food
consumption surveys, EPA does not
have available reliable information on
the regional consumption of food to
which azoxystrobin may be applied in
a particular area.
2. Dietary exposure from drinking
water. The Agency used screening level
water exposure models in the dietary
exposure analysis and risk assessment
for azoxystrobin in drinking water.
These simulation models take into
account data on the physical, chemical,
and fate/transport characteristics of
azoxystrobin. Further information
regarding EPA drinking water models
used in pesticide exposure assessment
can be found at https://www.epa.gov/
oppefed1/models/water/index.htm.
Based on the First Index Reservoir
Screening Tool (FIRST), Screening
Concentration in Ground Water (SCIGROW), the Pesticide Root Zone Model
(PRZM) and the Exposure Analysis
Modeling System (EXAMS) models, the
estimated drinking water concentrations
(EDWCs) of azoxystrobin for acute
exposures are estimated to be 173 parts
per billion (ppb) and 33 ppb for chronic
exposures. For ground water, the
estimated drinking water concentration
is 3.1 ppb.
Modeled estimates of drinking water
concentrations were directly entered
into the dietary exposure model. For
acute dietary risk assessment, the water
concentration value of 173 ppb was
used to assess the contribution to
drinking water. For chronic dietary risk
assessment, the water concentration of
value 33 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).
Azoxystrobin is currently registered
for the following uses that could result
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in residential exposures: Outdoor
residential (lawns, ornamentals, flower
gardens, vegetables, fruit and nut trees,
berries and vines) and recreational (golf
courses, parks and athletic fields) sites.
Additionally, it is registered for use on
indoor carpets/other surfaces by noncommercial applicators, and in treated
paints (preservative incorporation). EPA
assessed residential exposure using the
new 2012 updated residential standard
operating procedures (SOPs) that are
now used in all human health
assessments. For residential handler
exposure, the Agency assumed that
most residential use will result in shortterm (1 to 30 days) dermal and
inhalation exposures. The worst-case
scenario used was painting with an
airless sprayer. Residential handlers are
assumed to be wearing short-sleeved
shirts, short pants, shoes and socks
during application of azoxystrobin.
Because there was no dermal endpoint
chosen for azoxystrobin, residential
handler risk from exposure to
azoxystrobin was assessed for the
inhalation route only.
The Agency assumed that postapplication exposure in residential
settings is expected to be short-term in
duration only. No dermal endpoint was
chosen for azoxystrobin; therefore, a
dermal post-application risk assessment
was not conducted. Residential postapplication inhalation exposure in
outdoor settings is considered
negligible; however, residential postapplication inhalation exposure has
been assessed. The scenarios evaluated
were short-term post-application
inhalation (indoor), short-term
incidental oral ingestion from treated
indoor surfaces (hand-to-mouth vinyl/
hard surfaces and carpet/textile
surfaces), and short-term incidental oral
ingestion from treated turf (hand-tomouth, mouthing grass, and soil
ingestion).
Further information regarding EPA
standard assumptions and generic
inputs for residential exposures may be
found at https://www.epa.gov/pesticides/
science/residential-exposure-sop.html.
4. Cumulative effects from substances
with a common mechanism of toxicity.
Section 408(b)(2)(D)(v) of FFDCA
requires that, when considering whether
to establish, modify, or revoke a
tolerance, the Agency consider
‘‘available information’’ concerning the
cumulative effects of a particular
pesticide’s residues and ‘‘other
substances that have a common
mechanism of toxicity.’’
EPA has not found azoxystrobin to
share a common mechanism of toxicity
with any other substances, and
azoxystrobin does not appear to produce
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a toxic metabolite produced by other
substances. For the purposes of this
tolerance action, therefore, EPA has
assumed that azoxystrobin does not
have a common mechanism of toxicity
with other substances. For information
regarding EPA’s efforts to determine
which chemicals have a common
mechanism of toxicity and to evaluate
the cumulative effects of such
chemicals, see EPA’s Web site 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
FQPA Safety Factor (SF). In applying
this provision, EPA either retains the
default value of 10X, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
2. Prenatal and postnatal sensitivity.
The prenatal and postnatal toxicity
database for azoxystrobin is complete
and includes prenatal developmental
toxicity studies in rats and rabbits and
a 2-generation reproduction study in
rats. In these studies, offspring toxicity
was observed at equivalent or higher
doses than those resulting in parental
toxicity; thus, there is no evidence of
increased susceptibility and there are no
residual uncertainties with regard to
prenatal and/or postnatal toxicity.
3. Conclusion. EPA has determined
that reliable data show that it would be
safe for infants and children to reduce
the FQPA safety factor to 1X for shortterm, intermediate term, and chronic
risk assessment. This determination is
based on the following considerations:
i. The toxicity database for
azoxystrobin is complete except for
immunotoxicity testing. Changes to
40 CFR part 158 make immunotoxicity
testing (OPPTS Guideline 870.7800)
required for pesticide registration;
however, the existing data are sufficient
for endpoint selection for exposure/risk
assessment scenarios, and for evaluation
of the requirements under the FQPA.
There are no indications in the available
studies that organs associated with
immune function, such as the thymus
and spleen, are affected by azoxystrobin
and azoxystrobin does not belong to a
class of chemicals (e.g., the organotins,
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heavy metals, or halogenated aromatic
hydrocarbons) that would be expected
to be immunotoxic. Based on the above
considerations in this unit, EPA does
not believe that conducting the
immunotoxicity study will result in a
dose less than the point of departure
already used in this risk assessment,
and an additional database uncertainty
factor (UF) for potential immunotoxicity
does not need to be applied.
ii. Clinical signs noted in the acute
and subchronic neurotoxicity studies
were not considered treatment related
because of a lack of dose-response,
inconsistency of observations at
different time points, variability of
pretreatment values and/or small
magnitude of response. There is no need
for a developmental neurotoxicity study
or additional UFs to account for
neurotoxicity.
iii. There is no evidence that
azoxystrobin results in increased
susceptibility to in utero rats or rabbits
in the prenatal developmental studies or
in young rats in the 2-generation
reproduction study.
iv. The acute dietary exposure
assessment was performed based on
tolerance-level residues for all crops
except citrus, and the chronic dietary
exposure assessment was performed
based on tolerance level residues for all
crops. The acute dietary assessment
incorporated 100 PCT information, and
the chronic dietary exposure assessment
was somewhat refined using PCT
information for selected crops. EPA
made conservative (protective)
assumptions in the ground and surface
water modeling used to assess exposure
to azoxystrobin in drinking water. EPA
used similarly conservative assumptions
to assess post-application exposure of
children as well as incidental oral
exposure of toddlers. These assessments
will not underestimate the exposure and
risks posed by azoxystrobin.
Despite these considerations
supporting removal of the FQPA SF,
EPA has retained the FQPA SF, reduced
to 3X, in assessing acute dietary risk. An
additional safety factor is needed for
acute risk assessment to account for the
use of a LOAEL from the acute
neurotoxicity study in rats in deriving
the acute reference dose used for
assessing acute dietary exposure for all
populations including infants and
children. To account for the use of a
LOAEL from the acute neurotoxicity
study in rats, the Agency believes that
a 3X FQPA SF (as opposed to a 10X)
will be adequate to extrapolate a
NOAEL in assessing acute risk and that
no additional safety factor is needed for
short-term, intermediate-term, and
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chronic risk assessment based on the
following considerations:
• The effect seen (transient diarrhea
seen in the rat) is of a nature that is
relatively insignificant;
• The diarrhea was only seen in
studies involving gavage dosing in the
rat but not in repeat dosing through
dietary administration in rats and mice,
and not through gavage dosing in
rabbits; and
• The very high dose level needed to
reach the acute oral lethal dose (LD50)
(>5,000 milligrams/kilogram (mg/kg)),
and the overall low toxicity of
azoxystrobin.
E. Aggregate Risks and Determination of
Safety
EPA determines whether acute and
chronic dietary pesticide exposures are
safe by comparing aggregate exposure
estimates to the acute PAD (aPAD) and
chronic PAD (cPAD). For linear cancer
risks, EPA calculates the lifetime
probability of acquiring cancer given the
estimated aggregate exposure. Short-,
intermediate-, and chronic-term risks
are evaluated by comparing the
estimated aggregate food, water, and
residential exposure to the appropriate
PODs to ensure that an adequate MOE
exists.
1. Acute risk. Using the exposure
assumptions discussed in this unit for
acute exposure, the acute dietary
exposure from food and water to
azoxystrobin will occupy 42% of the
aPAD for children 1 to 2 years old, the
population group receiving the greatest
exposure.
2. Chronic risk. Using the exposure
assumptions described in this unit for
chronic exposure, EPA has concluded
that chronic exposure to azoxystrobin
from food and water will utilize 16% of
the cPAD for 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
azoxystrobin is not expected.
3. Short-term risk. Short-term
aggregate exposure takes into account
short-term residential exposure plus
chronic exposure to food and water
(considered to be a background
exposure level).
Azoxystrobin is currently registered
for uses that could result in short-term
residential exposure, and the Agency
has determined that it is appropriate to
aggregate chronic exposure through food
and water with short-term residential
exposures to azoxystrobin.
Using the exposure assumptions
described in this unit for short-term
exposures, EPA has concluded the
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41289
combined short-term food, water, and
residential exposures result in aggregate
MOEs of 460 for adult males, 470 for
females 13 to 49 years old and 200 for
children 1 to 2 years old. Because EPA’s
level of concern for azoxystrobin is a
MOE of 100 or below, these MOEs are
not of concern.
4. Intermediate-term risk.
Intermediate-term aggregate exposure
takes into account intermediate-term
residential exposure plus chronic
exposure to food and water (considered
to be a background exposure level).
An intermediate-term adverse effect
was identified; however, azoxystrobin is
not registered for any use patterns that
would result in intermediate-term
residential exposure. Intermediate-term
risk is assessed based on intermediateterm residential exposure plus chronic
dietary exposure. Because there is no
intermediate-term residential exposure
and chronic dietary exposure has
already been assessed under the
appropriately protective cPAD (which is
at least as protective as the POD used to
assess intermediate-term risk), no
further assessment of intermediate-term
risk is necessary, and EPA relies on the
chronic dietary risk assessment for
evaluating intermediate-term risk for
azoxystrobin.
5. Aggregate cancer risk for U.S.
population. Based on the lack of
evidence of carcinogenicity in two
adequate rodent carcinogenicity studies,
azoxystrobin is not expected to pose a
cancer risk to humans.
6. Determination of safety. Based on
these risk assessments, EPA concludes
that there is a reasonable certainty that
no harm will result to the general
population or to infants and children
from aggregate exposure to azoxystrobin
residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodologies
are available to enforce the tolerance
expression and have been submitted to
FDA for inclusion in the Pesticide
Analytical Manual (PAM) Volume II: A
gas chromatography method with
nitrogen-phosphorus detection (GC/
NPD), RAM 243/04, for the enforcement
of tolerances for residues of
azoxystrobin and its Z-isomer in crop
commodities; and a GC/NPD method,
RAM 255/01, for the enforcement of
tolerances of azoxystrobin in livestock
commodities. The methods may be
requested from: Chief, Analytical
Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft.
Meade, MD 20755–5350; telephone
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number: (410) 305–2905; email address:
residuemethods@epa.gov.
C. Revisions to Petitioned-For
Tolerances
B. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level.
The following tolerances being
established by this document are in
harmony with the equivalent Codex
MRLs are harmonized (Codex
commodities in brackets): Caneberry
subgroup 13–07A (berries and other
small fruits, except cranberry, grapes
and strawberry); berry, low growing,
subgroup 13–07G, except cranberry
(strawberries); sunflower subgroup 20B
(sunflower seed); bushberry, subgroup
13–07B (berries and other small fruits,
except cranberry, grapes and
strawberry); cottonseed, subgroup 20C
(cotton seed); fruit, citrus, group 10–10
(citrus fruits); fruit, small vine climbing,
except fuzzy kiwifruit, 13–07F (grape);
and pepper/eggplant subgroup 8–10B
(fruiting vegetables other than cucurbits
except mushrooms and sweet corn). The
following tolerances could not be
harmonized with Codex MRLs: Berry,
low growing subgroup 13–07G, except
cranberry (berries and other small fruits,
except cranberry, grapes and
strawberry); dragon fruit (mango);
onion, bulb and green subgroups 3–07A
& B (bulb vegetables); tomato subgroup
8–10A (fruiting vegetables other than
cucurbits except mushrooms and sweet
corn); vegetable, tuberous and corm
subgroup 1C (root and tuber vegetables);
and wasabi fresh and dry (herbs, fresh
and dry). The disharmony is caused by
various issues, including different
Codex classification for crop grouping,
different calculation procedures for
establishing MRLs, different use
patterns, and different data sets. There
are no Codex MRLs) for residues of
azoxystrobin and its Z-isomer for
sugarcane.
Several of the tolerances have been
revised from what was proposed in the
initial petition. EPA is increasing the
proposed crop group tolerances for
bushberry, subgroup 13–07B; cottonseed
subgroup 20C; citrus fruit, group 10–10;
fruit, small vine climbing, except fuzzy
kiwifruit subgroup 13–07F, and pepper/
eggplant subgroup 8–10B to harmonize
the numerical portion of the tolerance
with the Codex MRL. Also, based on the
Organization for Economic Cooperation
and Development (OECD) calculation
procedures for the current post-harvest
potato use data, EPA increased the
requested tolerance for vegetable,
tuberous and corm, subgroup 1C from
6.0 ppm to 8.0 ppm. It should be noted
that there is an existing tolerance on
potato at 0.03 ppm that is based on
foliar use. The substantial increase from
0.03 ppm to 8.0 ppm results from the
post-harvest use, as opposed to the
previous foliar-only use.
EPA is also revising some of the
commodity definitions in the tolerance
table to be consistent with EPA’s
preferred terms for food and feed.
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V. Conclusion
Therefore, tolerances are established
for residues of azoxystrobin, (methyl
(E)-2-[2-[6-(2-cyanophenoxy)pyrimidin4-yloxy]phenyl]-3-methoxyacrylate) and
the Z isomer of azoxystrobin, (methyl
(Z)-2-[2-[6-(2-cyanophenoxy)pyrimidin4-yloxy]phenyl]-3-methoxyacrylate) in
or on onion, bulb, subgroup 3–07A at
1.0 ppm; onion, green, subgroup 3–07B
at 7.5 ppm; tomato subgroup 8–10A at
0.2 ppm; pepper/eggplant subgroup 8–
10B at 3.0 ppm; fruit, citrus, group 10–
10 at 15.0 ppm; caneberry subgroup 13–
07A at 5.0 ppm; bushberry subgroup
13–07B at 5.0 ppm; fruit, small vine
climbing, except fuzzy kiwifruit,
subgroup 13–07F at 2.0 ppm; berry, low
growing, subgroup 13–07G, except
cranberry at 10.0 ppm; rapeseed
subgroup 20A at 1.0 ppm; sunflower
subgroup 20B at 0.5 ppm; cottonseed
subgroup 20C at 0.7 ppm; wasabi, fresh
at 50 ppm; wasabi, dry at 260 ppm;
dragon fruit at 2.0 ppm; vegetable,
tuberous and corm, subgroup 1C at 8.0
ppm, and sugarcane, cane at 0.2 ppm.
And lastly, due to the tolerances
established above by this document, the
following existing tolerances are
removed as unnecessary: Onion, bulb;
onion, green; caneberry subgroup 13A;
bushberry subgroup 13B; Juneberry;
lingonberry; salal; grape; strawberry;
tomato; vegetable, fruiting, group 8
except tomato; fruit, citrus, group 10;
canola, seed; cotton, undelinted seed;
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crambe, seed; flax, seed; mustard, field,
seed; mustard, Indian, seed; mustard,
seed; rapeseed, Indian; rapeseed, seed;
safflower, seed; sunflower, seed; potato;
okra.
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) in
response to petitions 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 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 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 FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
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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) (Pub. L. 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 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: July 3, 2012.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended 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. In § 180.507 revise the table in
paragraph (a)(1) to read as follows:
■
§ 180.507 Azoxystrobin; tolerances for
residues.
(a) * * *
(1) * * *
Parts per
million
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Commodity
Acerola ........................................
Almond, hulls ..............................
Animal feed, nongrass, group
18, forage ................................
Animal feed, nongrass, group
18, hay ....................................
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2.0
4.0
45
120
Parts per
million
Commodity
Artichoke, globe ..........................
Asparagus ...................................
Atemoya ......................................
Avocado ......................................
Banana .......................................
Barley, bran ................................
Barley, forage .............................
Barley, grain ...............................
Barley, hay ..................................
Barley, straw ...............................
Berry, low growing, subgroup
13–07G, except cranberry ......
Biriba ...........................................
Brassica, head and stem, subgroup 5A .................................
Brassica, leafy greens, subgroup
5B ............................................
Bushberry subgroup 13–07B ......
Caneberry subgroup 13–07A .....
Canistel .......................................
Cherimoya ..................................
Cilantro, leaves ...........................
Citrus, dried pulp ........................
Citrus, oil .....................................
Corn, field, forage .......................
Corn, field, grain .........................
Corn, field, refined oil .................
Corn, field, stover .......................
Corn, pop, grain ..........................
Corn, pop, stover ........................
Corn, sweet, forage ....................
Corn, sweet, kernel plus cob
with husks removed ................
Corn, sweet, stover ....................
Cotton, gin byproducts ...............
Cottonseed subgroup 20C .........
Cranberry ....................................
Custard apple .............................
Dragon fruit .................................
Feijoa ..........................................
Fruit, citrus, group 10–10 ...........
Fruit, small vine climbing, except
fuzzy kiwifruit, subgroup 13–
07F ..........................................
Fruit, stone, group 12 .................
Grain, aspirated fractions ...........
Grass, forage ..............................
Grass, hay ..................................
Guava .........................................
Herb Subgroup 19A, dried
leaves ......................................
Herb Subgroup 19A, fresh
leaves ......................................
Hop, dried cones ........................
Ilama ...........................................
Jaboticaba ..................................
Jackfruit ......................................
Longan ........................................
Loquat .........................................
Lychee ........................................
Mango .........................................
Nut, tree, group 14 .....................
Onion, bulb, subgroup 3–07A ....
Onion, green, subgroup 3–07B ..
Papaya ........................................
Passionfruit .................................
Pawpaw ......................................
Pea and bean, dried shelled, except soybean, subgroup 6C ....
Pea and bean, succulent
shelled, subgroup 6B ..............
Peanut ........................................
Peanut, hay ................................
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4.0
0.04
2.0
2.0
*
6.0
25
3.0
15.0
7.0
10.0
2.0
3.0
25
5.0
5.0
2.0
2.0
30.0
20.0
40.0
12.0
0.05
0.3
25.0
0.05
25.0
12.0
0.05
25.0
45
0.7
0.50
2.0
2.0
2.0
15.0
2.0
1.5
420
15
20
2.0
260
50
20.0
2.0
2.0
2.0
2.0
2.0
2.0
2.0
0.02
1.0
7.5
2.0
2.0
2.0
0.5
0.5
0.2
15.0
41291
Parts per
million
Commodity
Peanut, refined oil ......................
Pepper/eggplant subgroup 8–
10B ..........................................
Peppermint, tops ........................
Persimmon ..................................
Pistachio .....................................
Pulasan .......................................
Rambutan ...................................
Rapeseed subgroup 20A ............
Rice, grain ..................................
Rice, hulls ...................................
Rice, straw ..................................
Rice, wild, grain ..........................
Sapodilla .....................................
Sapote, black ..............................
Sapote, mamey ..........................
Sapote, white ..............................
Sorghum, grain, forage ...............
Sorghum, grain, grain .................
Sorghum, grain, stover ...............
Soursop ......................................
Soybean, hay ..............................
Soybean, hulls ............................
Soybean, seed ............................
Spanish lime ...............................
Spearmint, tops ..........................
Spice Subgroup 19B, except
black pepper ...........................
Star apple ...................................
Starfruit .......................................
Sugar apple ................................
Sugarcane, cane ........................
Sunflower subgroup 20B ............
Tamarind .....................................
Tomato, paste .............................
Tomato subgroup 8–10A ............
Turnip, greens ............................
Vegetable, cucurbit, group 9 ......
Vegetable, foliage of legume,
group 7 ....................................
Vegetable, leafy, except brassica, group 4 ...........................
Vegetable, leaves of root and
tuber, group 2 .........................
Vegetable, legume, edible podded, subgroup 6A, except soybean ........................................
Vegetable, root, subgroup 1A ....
Vegetable, tuberous and corm,
subgroup 1C ...........................
Wasabi, dry .................................
Wasabi, fresh ..............................
Watercress ..................................
Wax jambu ..................................
Wheat, bran ................................
Wheat, forage .............................
Wheat, grain ...............................
Wheat, hay .................................
Wheat, straw ...............................
0.6
3.0
30
2.0
0.50
2.0
2.0
1.0
5.0
20
12
5.0
2.0
2.0
2.0
2.0
25
11
40
2.0
55.0
1.0
0.5
2.0
30
38
2.0
2.0
2.0
0.2
0.5
2.0
0.6
0.2
25
0.3
30.0
30.0
50.0
3.0
0.5
8.0
260
50
3.0
2.0
0.20
25
0.10
15
4.0
* 2.0 (of which not more than 0.1 is contained in the pulp)
*
*
*
*
*
[FR Doc. 2012–17021 Filed 7–12–12; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\13JYR1.SGM
13JYR1
Agencies
[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41284-41291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17021]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2011-0398; FRL-9352-2]
Azoxystrobin; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes tolerances for residues of
azoxystrobin in or on multiple commodities which are identified and
discussed later in this document. Interregional Research Project Number
4 (IR-4) and Syngenta Crop Protection requested these tolerances under
the Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July 13, 2012. Objections and
requests for hearings must be received on or before September 11, 2012,
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-2011-0398; FRL-9352-2, is
available either electronically through https://www.regulations.gov or
in hard copy at the OPP Docket in the Environmental Protection Agency
Docket Center (EPA/DC), located in EPA West, Rm. 3334, 1301
Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the OPP Docket is
(703) 305-5805. Please review the visitor instructions and additional
information about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division,
(7505P) Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (703) 308-9367; email address: ertman.andrew@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.
[[Page 41285]]
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at https://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2011-0398 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
September 11, 2012. 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 that does not contain 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 a copy of your non-CBI objection or
hearing request, identified by docket ID number EPA-HQ-OPP-2011-0398,
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), Mail Code: 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/contacts.htm.
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 Tolerances
In the Federal Register of July 20, 2011 (76 FR 43231) (FRL-8880-
1), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a pesticide petition (PP 1E7851)
by Interregional Research Project Number 4 (IR-4), 500 College Road
East, Suite 201W, Princeton, NJ 08540. The petition requested that 40
CFR 180.507 be amended by:
Establishing tolerances for residues of the fungicide
azoxystrobin, (methyl (E)-2-[2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl]-3-methoxyacrylate) and the Z isomer of azoxystrobin,
(methyl (Z)-2-[2-[6-(2-cyanophenoxy)pyrimidin-4-yloxy]pheny1]-3-
methoxyacrylate) in or on onion, bulb subgroup 3-07A at 1.0 parts per
million (ppm); onion, green subgroup 3-07B, at 7.5 ppm; caneberry
subgroup 13-07A, at 5.0 ppm; bushberry subgroup 13-07B, at 3.0 ppm;
small fruit vine climbing subgroup, except fuzzy kiwifruit, 13-07F, at
1.0 ppm; low growing berry subgroup 13-07G, except cranberry, at 10.0
ppm; vegetable, fruiting, subgroup 8-10A, at 0.2 ppm; vegetable,
fruiting, subgroups 8-10B, at 2.0 ppm; fruit, citrus, group 10-10, at
10.0 ppm; rapeseed subgroup 20A, at 1.0 ppm; sunflower subgroup 20B, at
0.5 ppm; cottonseed subgroup 20C, at 0.6 ppm; wasabi, at 50.0 ppm; and
dragon fruit, at 2.0 ppm;
Changing the tolerance for vegetable, tuberous and corm,
subgroup 1C from 0.03 ppm to 6.0 ppm; and
Upon approval of the tolerances above, by removing the
established tolerances for onion, bulb at 1.0 ppm; onion, green at 7.5
ppm; caneberry subgroup 13-A at 5.0 ppm; bushberry subgroup 13B at 3.0
ppm; Juneberry at 3.0 ppm; lingonberry at 3.0 ppm; salal at 3.0 ppm;
grape at 1.0 ppm; strawberry at 10.0 ppm; tomato at 0.2 ppm; vegetable,
fruiting, group 8 except tomato at 2.0 ppm; fruit, citrus, group 10 at
10.0 ppm; canola, seed at 1.0 ppm; cotton, undelinted seed at 0.6 ppm;
crambe, seed at 0.5 ppm; flax, seed at 0.5 ppm; mustard, field, seed at
0.5 ppm; mustard, Indian, seed at 0.5 ppm; mustard, seed at 0.5 ppm;
rapeseed, Indian at 0.5 ppm; rapeseed, seed at 0.5 ppm; safflower, seed
at 0.5 ppm; sunflower, seed at 0.5 ppm; potato at 0.03 ppm.
In the Federal Register of November 9, 2011 (76 FR 69690) (FRL-
9325-1), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
1F7891) by Syngenta Crop Protection, LLC., P.O. Box 18300, Greensboro,
NC 27419-8300. The petition requested that 40 CFR 180.507 be amended by
establishing a tolerance for residues of the fungicide azoxystrobin,
(methyl (E)-2-[2-[6-(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl]-3-
methoxyacrylate) and the Z isomer of azoxystrobin, (methyl (Z)-2-[2-[6-
(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl]-3-methoxyacrylate) in or on
sugarcane at 0.2 ppm.
The notices referenced summaries of the petitions prepared by
Syngenta, the registrant, which are available in the docket, https://www.regulations.gov. There were no comments received in response to
these notices of filing.
Based upon review of the data supporting the petition, EPA has
modified the levels at which tolerances are being established for
various commodities. The reason for these changes is explained in Unit
IV.C.
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. * *
*''
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for azoxystrobin including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with azoxystrobin follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as
[[Page 41286]]
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.
Azoxystrobin has low acute toxicity via the oral, dermal and
inhalation routes of exposure. It is not an eye or skin irritant and is
not a skin sensitizer. Dietary administration of azoxystrobin to rats
resulted in decreased body weights, decreased food intake and
utilization, increased diarrhea and other clinical toxicity
observations (increased urinary incontinence, hunched postures and
distended abdomens). In addition, liver effects characterized by
increased liver weights, increases in alkaline phosphatase and gama
glutamyltransferase, decreases in albumin, gross and histological
lesions in the liver and bile ducts, were seen in rats. In dogs,
effects on liver/biliary function were found after oral administration.
In the acute neurotoxicity study in rats, increased incidence of
diarrhea was observed at all dose levels tested including the lowest-
observed-adverse-effect-level (LOAEL). Decreased body weight/weight
gain and food utilization was noted in the rat subchronic neurotoxicity
study. There were no consistent indications of treatment-related
neurotoxicity in either the acute or subchronic neurotoxicity studies.
In the rat developmental toxicity study, diarrhea, urinary
incontinence and salivation were observed in maternal animals; in the
rabbit developmental toxicity study, maternal animals exhibited
decreased body weight gain. No adverse treatment-related developmental
effects were seen in either study. In the rat reproduction study,
offspring and parental effects (decreased body weights and increased
adjusted liver weights) were observed at the same dose.
There was no evidence of carcinogenicity in rats and mice at
acceptable dose levels. As a result, EPA has classified azoxystrobin as
``not likely to be carcinogenic to humans.'' Azoxystrobin induced a
weak mutagenic response in the mouse lymphoma assay, but the activity
expressed in vitro is not expected to be expressed in whole animals.
Specific information on the studies received and the nature of the
adverse effects caused by azoxystrobin as well as the no-observed-
adverse-effect-level (NOAEL) and the LOAEL from the toxicity studies
can be found at https://www.regulations.gov in docket ID number EPA-HQ-
OPP-2011-0398 on pages 38-40 of the document titled ``Azoxystrobin:
Human Health Risk Assessment for Proposed Uses on Dragon Fruit, Wasabi,
and Tuberous and Corm Vegetables (Subgroup 1C), and from the Revisions
to Various Crop Groups (Onion Subgroups 3-07 A, B; Fruiting Vegetable
Subgroups 8-10 A, B; Small Fruit and Berry Subgroups 13-07 A, B, F, G,
Oilseeds Subgroups A, B, C; and Citrus Fruit Group 10-10).''
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/pesticides/factsheets/riskassess.htm.
A summary of the toxicological endpoints for azoxystrobin used for
human risk assessment is shown in the following Table.
Table--Summary of Toxicological Doses and Endpoints for Azoxystrobin for Use in Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
Point of departure and
Exposure/scenario uncertainty/safety RfD, PAD, LOC for risk Study and toxicological
factors assessment effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (All Populations)...... LOAEL = 200 mg/kg/day.. Acute RfD = 0.67 mg/kg/ Acute Neurotoxicity--
UFA = 10x.............. day. Rat. LOAEL = 200 mg/kg/
UFH = 10x.............. aPAD = 0.67 mg/kg/day.. day based on diarrhea
FQPA SF = 3x UFL....... at 2-hours post dose
at all dose levels up
to and including to
LOAEL.
Chronic dietary (All Populations).... NOAEL= 18 mg/kg/day.... Chronic RfD = 0.18 mg/ Combined Chronic
UFA = 10x.............. kg/day. Toxicity/
UFH = 10x.............. cPAD = 0.18 mg/kg/day.. Carcinogenicity
FQPA SF = 1x........... Feeding Study--Rat.
LOAEL = 82.4/117 mg/kg/
day (M/F) based on
reduced body weights
in both sexes and bile
duct lesions in males.
Incidental oral short-term (1 to 30 NOAEL= 25 mg/kg/day.... LOC for MOE = 100...... Prenatal Developmental
days). UFA = 10x.............. Oral Toxicity--Rat.
UFH = 10x.............. LOAEL = 100 mg/kg/day
FQPA SF = 1x........... based on increased
maternal diarrhea,
urinary incontinence,
and salivation.
[[Page 41287]]
Inhalation short-term (1 to 30 days). Oral study NOAEL= 25 mg/ LOC for MOE = 100...... Prenatal Developmental
kg/day (inhalation Oral Toxicity--Rat.
absorption rate = LOAEL = 100 mg/kg/day
100%). based on increased
UFA = 10x.............. maternal diarrhea,
UFH = 10x.............. urinary incontinence,
FQPA SF = 1x........... and salivation.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
members of the human population (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. mg/kg/day =
milligrams/kilogram/day.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to azoxystrobin, EPA considered exposure under the petitioned-
for tolerances as well as all existing azoxystrobin tolerances in 40
CFR 180.507. EPA assessed dietary exposures from azoxystrobin in food
as follows:
i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
Such effects were identified for azoxystrobin. In estimating acute
dietary exposure, EPA used food consumption information from the U.S.
Department of Agriculture (USDA) 1994-1996 and 1998 Nationwide
Continuing Surveys of Food Intake by Individuals (CSFII). As to residue
levels in food, the acute dietary assessment used tolerance levels for
all commodities, except citrus fruits where the highest residue from
crop field trials was used, and 100 percent crop treated (PCT) for all
commodities. Default processing factors were assumed except for where
tolerances were established for processed commodities.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996
and 1998 CSFII. As to residue levels in food, the chronic dietary
analysis for azoxystrobin was conducted using tolerance levels and
average PCT estimates when available. Default processing factors were
assumed except for where tolerances were established for processed
commodities.
iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that azoxystrobin does not pose a cancer risk to humans.
Therefore, a dietary exposure assessment for the purpose of assessing
cancer risk is unnecessary.
iv. Anticipated residue and percent crop treated (PCT) information.
Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and
information on the anticipated residue levels of pesticide residues in
food and the actual levels of pesticide residues that have been
measured in food. If EPA relies on such information, EPA must require
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after
the tolerance is established, modified, or left in effect,
demonstrating that the levels in food are not above the levels
anticipated. For the present action, EPA will issue such data call-ins
as are required by FFDCA section 408(b)(2)(E) and authorized under
FFDCA section 408(f)(1). Data will be required to be submitted no later
than 5 years from the date of issuance of these tolerances.
Section 408(b)(2)(F) of FFDCA states that the Agency may use data
on the actual percent of food treated for assessing chronic dietary
risk only if:
Condition a: The data used are reliable and provide a
valid basis to show what percentage of the food derived from such crop
is likely to contain the pesticide residue.
Condition b: The exposure estimate does not underestimate
exposure for any significant subpopulation group.
Condition c: Data are available on pesticide use and food
consumption in a particular area, the exposure estimate does not
understate exposure for the population in such area.
In addition, the Agency must provide for periodic evaluation of any
estimates used. To provide for the periodic evaluation of the estimate
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require
registrants to submit data on PCT.
The Agency estimated the PCT for existing uses as follows:
Almonds, 25%; apricots, 10%; artichokes, 25%; asparagus, 2.5%;
green beans, 10%; blackberries, 5%; blueberries, 10%; broccoli, 5%;
cabbage, 10%; cantaloupes, 10%; carrots, 10%; cauliflower, 2.5%;
celery, 10%; cherries, 5%; corn, 2.5%; cotton, 5%; cucumbers, 20%; dry
beans/peas, 1%; garlic, 60%; grapefruit, 20%; grapes, 5%; hazelnuts
(filberts), 5%; lettuce, 2.5%; onions, 10%; oranges, 5%; peaches, 5%;
peanuts, 15%; green peas, 2.5%; pecans, 2.5%; peppers, 15%; pistachios,
15%; potatoes, 35%; prunes, 2.5%; pumpkins, 20%; raspberries, 5%; rice,
35%; soybeans, 2.5%; spinach, 10%; squash, 15%; strawberries, 30%;
sugar beets, 5%; sweet corn, 10%; tangerines, 15%; tomatoes, 15%;
walnuts, 1%; watermelon, 20%; wheat, 2.5%.
In most cases, EPA uses available data from USDA/National
Agricultural Statistics Service (NASS), proprietary market surveys, and
the National Pesticide Use Database for the chemical/crop combination
for the most recent 6-7 years. EPA uses an average PCT for chronic
dietary risk analysis. The average PCT figure for each existing use is
derived by combining available public and private market survey data
for that use, averaging across all observations, and rounding to the
nearest 5%, except for those situations in which the average PCT is
less than 1%. In those cases, 1% is used as the average PCT and 2.5% is
used as the maximum PCT. EPA uses a maximum PCT for acute dietary risk
analysis. The maximum PCT figure is the highest observed maximum value
reported within the recent 6 years of available public and private
market survey data for the existing use and rounded up to the nearest
multiple of 5%.
The Agency believes that the three conditions discussed in Unit
III.C.1.iv. have been met. With respect to Condition a, PCT estimates
are derived from Federal and private market survey data, which are
reliable and have a valid basis. The Agency is reasonably certain that
the percentage of the food treated
[[Page 41288]]
is not likely to be an underestimation. As to Conditions b and c,
regional consumption information and consumption information for
significant subpopulations is taken into account through EPA's
computer-based model for evaluating the exposure of significant
subpopulations including several regional groups. Use of this
consumption information in EPA's risk assessment process ensures that
EPA's exposure estimate does not understate exposure for any
significant subpopulation group and allows the Agency to be reasonably
certain that no regional population is exposed to residue levels higher
than those estimated by the Agency. Other than the data available
through national food consumption surveys, EPA does not have available
reliable information on the regional consumption of food to which
azoxystrobin may be applied in a particular area.
2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for azoxystrobin in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of azoxystrobin. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at https://www.epa.gov/oppefed1/models/water/index.htm.
Based on the First Index Reservoir Screening Tool (FIRST),
Screening Concentration in Ground Water (SCI-GROW), the Pesticide Root
Zone Model (PRZM) and the Exposure Analysis Modeling System (EXAMS)
models, the estimated drinking water concentrations (EDWCs) of
azoxystrobin for acute exposures are estimated to be 173 parts per
billion (ppb) and 33 ppb for chronic exposures. For ground water, the
estimated drinking water concentration is 3.1 ppb.
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 173 ppb was used to assess
the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 33 ppb was used to assess
the contribution to drinking water.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
Azoxystrobin is currently registered for the following uses that
could result in residential exposures: Outdoor residential (lawns,
ornamentals, flower gardens, vegetables, fruit and nut trees, berries
and vines) and recreational (golf courses, parks and athletic fields)
sites. Additionally, it is registered for use on indoor carpets/other
surfaces by non-commercial applicators, and in treated paints
(preservative incorporation). EPA assessed residential exposure using
the new 2012 updated residential standard operating procedures (SOPs)
that are now used in all human health assessments. For residential
handler exposure, the Agency assumed that most residential use will
result in short-term (1 to 30 days) dermal and inhalation exposures.
The worst-case scenario used was painting with an airless sprayer.
Residential handlers are assumed to be wearing short-sleeved shirts,
short pants, shoes and socks during application of azoxystrobin.
Because there was no dermal endpoint chosen for azoxystrobin,
residential handler risk from exposure to azoxystrobin was assessed for
the inhalation route only.
The Agency assumed that post-application exposure in residential
settings is expected to be short-term in duration only. No dermal
endpoint was chosen for azoxystrobin; therefore, a dermal post-
application risk assessment was not conducted. Residential post-
application inhalation exposure in outdoor settings is considered
negligible; however, residential post-application inhalation exposure
has been assessed. The scenarios evaluated were short-term post-
application inhalation (indoor), short-term incidental oral ingestion
from treated indoor surfaces (hand-to-mouth vinyl/hard surfaces and
carpet/textile surfaces), and short-term incidental oral ingestion from
treated turf (hand-to-mouth, mouthing grass, and soil ingestion).
Further information regarding EPA standard assumptions and generic
inputs for residential exposures may be found at https://www.epa.gov/pesticides/science/residential-exposure-sop.html.
4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
EPA has not found azoxystrobin to share a common mechanism of
toxicity with any other substances, and azoxystrobin does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
azoxystrobin does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site 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 FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
2. Prenatal and postnatal sensitivity. The prenatal and postnatal
toxicity database for azoxystrobin is complete and includes prenatal
developmental toxicity studies in rats and rabbits and a 2-generation
reproduction study in rats. In these studies, offspring toxicity was
observed at equivalent or higher doses than those resulting in parental
toxicity; thus, there is no evidence of increased susceptibility and
there are no residual uncertainties with regard to prenatal and/or
postnatal toxicity.
3. Conclusion. EPA has determined that reliable data show that it
would be safe for infants and children to reduce the FQPA safety factor
to 1X for short-term, intermediate term, and chronic risk assessment.
This determination is based on the following considerations:
i. The toxicity database for azoxystrobin is complete except for
immunotoxicity testing. Changes to 40 CFR part 158 make immunotoxicity
testing (OPPTS Guideline 870.7800) required for pesticide registration;
however, the existing data are sufficient for endpoint selection for
exposure/risk assessment scenarios, and for evaluation of the
requirements under the FQPA. There are no indications in the available
studies that organs associated with immune function, such as the thymus
and spleen, are affected by azoxystrobin and azoxystrobin does not
belong to a class of chemicals (e.g., the organotins,
[[Page 41289]]
heavy metals, or halogenated aromatic hydrocarbons) that would be
expected to be immunotoxic. Based on the above considerations in this
unit, EPA does not believe that conducting the immunotoxicity study
will result in a dose less than the point of departure already used in
this risk assessment, and an additional database uncertainty factor
(UF) for potential immunotoxicity does not need to be applied.
ii. Clinical signs noted in the acute and subchronic neurotoxicity
studies were not considered treatment related because of a lack of
dose-response, inconsistency of observations at different time points,
variability of pretreatment values and/or small magnitude of response.
There is no need for a developmental neurotoxicity study or additional
UFs to account for neurotoxicity.
iii. There is no evidence that azoxystrobin results in increased
susceptibility to in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
iv. The acute dietary exposure assessment was performed based on
tolerance-level residues for all crops except citrus, and the chronic
dietary exposure assessment was performed based on tolerance level
residues for all crops. The acute dietary assessment incorporated 100
PCT information, and the chronic dietary exposure assessment was
somewhat refined using PCT information for selected crops. EPA made
conservative (protective) assumptions in the ground and surface water
modeling used to assess exposure to azoxystrobin in drinking water. EPA
used similarly conservative assumptions to assess post-application
exposure of children as well as incidental oral exposure of toddlers.
These assessments will not underestimate the exposure and risks posed
by azoxystrobin.
Despite these considerations supporting removal of the FQPA SF, EPA
has retained the FQPA SF, reduced to 3X, in assessing acute dietary
risk. An additional safety factor is needed for acute risk assessment
to account for the use of a LOAEL from the acute neurotoxicity study in
rats in deriving the acute reference dose used for assessing acute
dietary exposure for all populations including infants and children. To
account for the use of a LOAEL from the acute neurotoxicity study in
rats, the Agency believes that a 3X FQPA SF (as opposed to a 10X) will
be adequate to extrapolate a NOAEL in assessing acute risk and that no
additional safety factor is needed for short-term, intermediate-term,
and chronic risk assessment based on the following considerations:
The effect seen (transient diarrhea seen in the rat) is of
a nature that is relatively insignificant;
The diarrhea was only seen in studies involving gavage
dosing in the rat but not in repeat dosing through dietary
administration in rats and mice, and not through gavage dosing in
rabbits; and
The very high dose level needed to reach the acute oral
lethal dose (LD50) (>5,000 milligrams/kilogram (mg/kg)), and
the overall low toxicity of azoxystrobin.
E. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to azoxystrobin will occupy 42% of the aPAD for children 1 to 2 years
old, the population group receiving the greatest exposure.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
azoxystrobin from food and water will utilize 16% of the cPAD for
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
azoxystrobin is not expected.
3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
Azoxystrobin is currently registered for uses that could result in
short-term residential exposure, and the Agency has determined that it
is appropriate to aggregate chronic exposure through food and water
with short-term residential exposures to azoxystrobin.
Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in aggregate MOEs of 460 for adult
males, 470 for females 13 to 49 years old and 200 for children 1 to 2
years old. Because EPA's level of concern for azoxystrobin is a MOE of
100 or below, these MOEs are not of concern.
4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level).
An intermediate-term adverse effect was identified; however,
azoxystrobin is not registered for any use patterns that would result
in intermediate-term residential exposure. Intermediate-term risk is
assessed based on intermediate-term residential exposure plus chronic
dietary exposure. Because there is no intermediate-term residential
exposure and chronic dietary exposure has already been assessed under
the appropriately protective cPAD (which is at least as protective as
the POD used to assess intermediate-term risk), no further assessment
of intermediate-term risk is necessary, and EPA relies on the chronic
dietary risk assessment for evaluating intermediate-term risk for
azoxystrobin.
5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, azoxystrobin is not expected to pose a cancer risk to humans.
6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population or to infants and children from aggregate
exposure to azoxystrobin residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodologies are available to enforce the
tolerance expression and have been submitted to FDA for inclusion in
the Pesticide Analytical Manual (PAM) Volume II: A gas chromatography
method with nitrogen-phosphorus detection (GC/NPD), RAM 243/04, for the
enforcement of tolerances for residues of azoxystrobin and its Z-isomer
in crop commodities; and a GC/NPD method, RAM 255/01, for the
enforcement of tolerances of azoxystrobin in livestock commodities. The
methods may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone
[[Page 41290]]
number: (410) 305-2905; email address: residuemethods@epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The following tolerances being established by this document are in
harmony with the equivalent Codex MRLs are harmonized (Codex
commodities in brackets): Caneberry subgroup 13-07A (berries and other
small fruits, except cranberry, grapes and strawberry); berry, low
growing, subgroup 13-07G, except cranberry (strawberries); sunflower
subgroup 20B (sunflower seed); bushberry, subgroup 13-07B (berries and
other small fruits, except cranberry, grapes and strawberry);
cottonseed, subgroup 20C (cotton seed); fruit, citrus, group 10-10
(citrus fruits); fruit, small vine climbing, except fuzzy kiwifruit,
13-07F (grape); and pepper/eggplant subgroup 8-10B (fruiting vegetables
other than cucurbits except mushrooms and sweet corn). The following
tolerances could not be harmonized with Codex MRLs: Berry, low growing
subgroup 13-07G, except cranberry (berries and other small fruits,
except cranberry, grapes and strawberry); dragon fruit (mango); onion,
bulb and green subgroups 3-07A & B (bulb vegetables); tomato subgroup
8-10A (fruiting vegetables other than cucurbits except mushrooms and
sweet corn); vegetable, tuberous and corm subgroup 1C (root and tuber
vegetables); and wasabi fresh and dry (herbs, fresh and dry). The
disharmony is caused by various issues, including different Codex
classification for crop grouping, different calculation procedures for
establishing MRLs, different use patterns, and different data sets.
There are no Codex MRLs) for residues of azoxystrobin and its Z-isomer
for sugarcane.
C. Revisions to Petitioned-For Tolerances
Several of the tolerances have been revised from what was proposed
in the initial petition. EPA is increasing the proposed crop group
tolerances for bushberry, subgroup 13-07B; cottonseed subgroup 20C;
citrus fruit, group 10-10; fruit, small vine climbing, except fuzzy
kiwifruit subgroup 13-07F, and pepper/eggplant subgroup 8-10B to
harmonize the numerical portion of the tolerance with the Codex MRL.
Also, based on the Organization for Economic Cooperation and
Development (OECD) calculation procedures for the current post-harvest
potato use data, EPA increased the requested tolerance for vegetable,
tuberous and corm, subgroup 1C from 6.0 ppm to 8.0 ppm. It should be
noted that there is an existing tolerance on potato at 0.03 ppm that is
based on foliar use. The substantial increase from 0.03 ppm to 8.0 ppm
results from the post-harvest use, as opposed to the previous foliar-
only use.
EPA is also revising some of the commodity definitions in the
tolerance table to be consistent with EPA's preferred terms for food
and feed.
V. Conclusion
Therefore, tolerances are established for residues of azoxystrobin,
(methyl (E)-2-[2-[6-(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl]-3-
methoxyacrylate) and the Z isomer of azoxystrobin, (methyl (Z)-2-[2-[6-
(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl]-3-methoxyacrylate) in or on
onion, bulb, subgroup 3-07A at 1.0 ppm; onion, green, subgroup 3-07B at
7.5 ppm; tomato subgroup 8-10A at 0.2 ppm; pepper/eggplant subgroup 8-
10B at 3.0 ppm; fruit, citrus, group 10-10 at 15.0 ppm; caneberry
subgroup 13-07A at 5.0 ppm; bushberry subgroup 13-07B at 5.0 ppm;
fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F at
2.0 ppm; berry, low growing, subgroup 13-07G, except cranberry at 10.0
ppm; rapeseed subgroup 20A at 1.0 ppm; sunflower subgroup 20B at 0.5
ppm; cottonseed subgroup 20C at 0.7 ppm; wasabi, fresh at 50 ppm;
wasabi, dry at 260 ppm; dragon fruit at 2.0 ppm; vegetable, tuberous
and corm, subgroup 1C at 8.0 ppm, and sugarcane, cane at 0.2 ppm.
And lastly, due to the tolerances established above by this
document, the following existing tolerances are removed as unnecessary:
Onion, bulb; onion, green; caneberry subgroup 13A; bushberry subgroup
13B; Juneberry; lingonberry; salal; grape; strawberry; tomato;
vegetable, fruiting, group 8 except tomato; fruit, citrus, group 10;
canola, seed; cotton, undelinted seed; crambe, seed; flax, seed;
mustard, field, seed; mustard, Indian, seed; mustard, seed; rapeseed,
Indian; rapeseed, seed; safflower, seed; sunflower, seed; potato; okra.
VI. Statutory and Executive Order Reviews
This final rule establishes tolerances under FFDCA section 408(d)
in response to petitions 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 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 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 FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination
[[Page 41291]]
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) (Pub. L.
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 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: July 3, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.507 revise the table in paragraph (a)(1) to read as
follows:
Sec. 180.507 Azoxystrobin; tolerances for residues.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Acerola..................................................... 2.0
Almond, hulls............................................... 4.0
Animal feed, nongrass, group 18, forage..................... 45
Animal feed, nongrass, group 18, hay........................ 120
Artichoke, globe............................................ 4.0
Asparagus................................................... 0.04
Atemoya..................................................... 2.0
Avocado..................................................... 2.0
Banana...................................................... *
Barley, bran................................................ 6.0
Barley, forage.............................................. 25
Barley, grain............................................... 3.0
Barley, hay................................................. 15.0
Barley, straw............................................... 7.0
Berry, low growing, subgroup 13-07G, except cranberry....... 10.0
Biriba...................................................... 2.0
Brassica, head and stem, subgroup 5A........................ 3.0
Brassica, leafy greens, subgroup 5B......................... 25
Bushberry subgroup 13-07B................................... 5.0
Caneberry subgroup 13-07A................................... 5.0
Canistel.................................................... 2.0
Cherimoya................................................... 2.0
Cilantro, leaves............................................ 30.0
Citrus, dried pulp.......................................... 20.0
Citrus, oil................................................. 40.0
Corn, field, forage......................................... 12.0
Corn, field, grain.......................................... 0.05
Corn, field, refined oil.................................... 0.3
Corn, field, stover......................................... 25.0
Corn, pop, grain............................................ 0.05
Corn, pop, stover........................................... 25.0
Corn, sweet, forage......................................... 12.0
Corn, sweet, kernel plus cob with husks removed............. 0.05
Corn, sweet, stover......................................... 25.0
Cotton, gin byproducts...................................... 45
Cottonseed subgroup 20C..................................... 0.7
Cranberry................................................... 0.50
Custard apple............................................... 2.0
Dragon fruit................................................ 2.0
Feijoa...................................................... 2.0
Fruit, citrus, group 10-10.................................. 15.0
Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 2.0
13-07F.....................................................
Fruit, stone, group 12...................................... 1.5
Grain, aspirated fractions.................................. 420
Grass, forage............................................... 15
Grass, hay.................................................. 20
Guava....................................................... 2.0
Herb Subgroup 19A, dried leaves............................. 260
Herb Subgroup 19A, fresh leaves............................. 50
Hop, dried cones............................................ 20.0
Ilama....................................................... 2.0
Jaboticaba.................................................. 2.0
Jackfruit................................................... 2.0
Longan...................................................... 2.0
Loquat...................................................... 2.0
Lychee...................................................... 2.0
Mango....................................................... 2.0
Nut, tree, group 14......................................... 0.02
Onion, bulb, subgroup 3-07A................................. 1.0
Onion, green, subgroup 3-07B................................ 7.5
Papaya...................................................... 2.0
Passionfruit................................................ 2.0
Pawpaw...................................................... 2.0
Pea and bean, dried shelled, except soybean, subgroup 6C.... 0.5
Pea and bean, succulent shelled, subgroup 6B................ 0.5
Peanut...................................................... 0.2
Peanut, hay................................................. 15.0
Peanut, refined oil......................................... 0.6
Pepper/eggplant subgroup 8-10B.............................. 3.0
Peppermint, tops............................................ 30
Persimmon................................................... 2.0
Pistachio................................................... 0.50
Pulasan..................................................... 2.0
Rambutan.................................................... 2.0
Rapeseed subgroup 20A....................................... 1.0
Rice, grain................................................. 5.0
Rice, hulls................................................. 20
Rice, straw................................................. 12
Rice, wild, grain........................................... 5.0
Sapodilla................................................... 2.0
Sapote, black............................................... 2.0
Sapote, mamey............................................... 2.0
Sapote, white............................................... 2.0
Sorghum, grain, forage...................................... 25
Sorghum, grain, grain....................................... 11
Sorghum, grain, stover...................................... 40
Soursop..................................................... 2.0
Soybean, hay................................................ 55.0
Soybean, hulls.............................................. 1.0
Soybean, seed............................................... 0.5
Spanish lime................................................ 2.0
Spearmint, tops............................................. 30
Spice Subgroup 19B, except black pepper..................... 38
Star apple.................................................. 2.0
Starfruit................................................... 2.0
Sugar apple................................................. 2.0
Sugarcane, cane............................................. 0.2
Sunflower subgroup 20B...................................... 0.5
Tamarind.................................................... 2.0
Tomato, paste............................................... 0.6
Tomato subgroup 8-10A....................................... 0.2
Turnip, greens.............................................. 25
Vegetable, cucurbit, group 9................................ 0.3
Vegetable, foliage of legume, group 7....................... 30.0
Vegetable, leafy, except brassica, group 4.................. 30.0
Vegetable, leaves of root and tuber, group 2................ 50.0
Vegetable, legume, edible podded, subgroup 6A, except 3.0
soybean....................................................
Vegetable, root, subgroup 1A................................ 0.5
Vegetable, tuberous and corm, subgroup 1C................... 8.0
Wasabi, dry................................................. 260
Wasabi, fresh............................................... 50
Watercress.................................................. 3.0
Wax jambu................................................... 2.0
Wheat, bran................................................. 0.20
Wheat, forage............................................... 25
Wheat, grain................................................ 0.10
Wheat, hay.................................................. 15
Wheat, straw................................................ 4.0
------------------------------------------------------------------------
* 2.0 (of which not more than 0.1 is contained in the pulp)
* * * * *
[FR Doc. 2012-17021 Filed 7-12-12; 8:45 am]
BILLING CODE 6560-50-P