Streptomycin; Pesticide Tolerances for Emergency Exemptions, 29049-29055 [2013-11858]
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Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 6, 2012.
Steven Bradbury,
Director, 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. Section 180.670 is added to subpart
C to read as follows:
■
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§ 180.670 Sulfoxaflor; tolerances for
residues.
(a) General. Tolerances are
established for residues of the
insecticide sulfoxaflor, including its
metabolites and degradate, in or on the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring only sulfoxaflor (N[methyloxido[1-[6-(trifluoromethyl)-3pyridinyl]ethyl]-g4sulfanylidene]cyanamide).
VerDate Mar<15>2010
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Parts per
million
Commodity
29049
(d) Indirect or inadvertent
registrations. [Reserved]
[FR Doc. 2013–11824 Filed 5–16–13; 8:45 am]
Almond, hulls ............................
Barley, grain .............................
Barley, hay ................................
Barley, straw .............................
Bean, dry seed .........................
Bean, succulent ........................
Beet, sugar, dried pulp .............
Beet, sugar, molasses ..............
Berry, low growing, subgroup
13–07G .................................
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Cauliflower ................................
Citrus, dried pulp ......................
Cotton, gin byproducts .............
Cotton, hulls ..............................
Cottonseed subgroup 20C .......
Fruit, citrus, group 10–10 .........
Fruit, pome, group 11–10 .........
Fruit, small, vine climbing, subgroup 13–07F, except fuzzy
kiwi fruit .................................
Fruit, stone, group 12 ...............
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Grain, aspirated fractions .........
Grape, raisin .............................
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Leafy greens, subgroup 4A ......
Leafy petiole, subgroup 4B ......
Milk ...........................................
Nuts, tree, group 14 .................
Onion, bulb, subgroup 3–07A ..
Onion, green, subgroup 3–07B
Pistachio ...................................
Poultry, eggs .............................
Poultry, fat ................................
Poultry, meat ............................
Poultry, meat byproducts ..........
Rapeseed, meal .......................
Rapeseed subgroup 20A ..........
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
Soybean, seed ..........................
Tomato, paste ...........................
Tomato, puree ..........................
Vegetable, brassica, leafy,
group 5, except cauliflower ...
Vegetable, cucurbit, group 9 ....
Vegetable, fruiting, group 8–10
Vegetable, leaves of root and
tuber, group 2 .......................
Vegetable, legume, group 7 .....
Vegetable, root and tuber,
group 1 ..................................
Watercress ................................
Wheat, forage ...........................
Wheat, grain .............................
Wheat, hay ...............................
Wheat, straw .............................
6.0
0.40
1.0
2.0
0.20
4.0
0.07
0.25
0.70
0.10
0.15
0.40
0.08
3.6
6.0
0.35
0.20
0.70
0.50
2.0
3.0
0.10
0.15
0.40
20.0
6.0
0.01
0.01
0.01
0.10
0.15
0.40
6.0
2.0
0.15
0.015
0.01
0.70
0.015
0.01
0.01
0.01
0.01
0.50
0.40
0.10
0.15
0.40
0.20
2.60
1.20
2.0
0.40
0.70
3.0
3.0
0.05
6.0
1.0
0.08
1.5
2.0
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0852; FRL–9385–3]
Streptomycin; Pesticide Tolerances for
Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
time-limited tolerances for residues of
streptomycin in or on grapefruit and
grapefruit, dried pulp. This action is in
response to EPA’s granting of an
emergency exemption under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on grapefruit. This regulation
establishes maximum permissible levels
for residues of streptomycin in or on
these commodities. The time-limited
tolerances expire on December 31, 2015.
DATES: This regulation is effective May
17, 2013. Objections and requests for
hearings must be received on or before
July 16, 2013 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0852, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Andrea Conrath, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9356; email address:
conrath.andrea@epa.gov.
ADDRESSES:
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SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0852 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 July 16, 2013. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2011–0852, by one of the following
methods:
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/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. Background and Statutory Findings
EPA, on its own initiative, in
accordance with FFDCA sections 408(e)
and 408(l)(6) of, 21 U.S.C. 346a(e) and
346a(1)(6), is establishing time-limited
tolerances for residues of streptomycin,
5-(2,4-diguanidino-3,5,6-trihydroxycyclohexoxy)-4-[4,5-dihydroxy-6(hydroxymethyl)-3-methylaminotetrahydropyran-2-yl] oxy-3-hydroxy-2methyl-tetrahydrofuran-3-carbaldehyde,
in or on grapefruit at 0.15 parts per
million (ppm) and dried grapefruit pulp
at 0.40 ppm. Streptomycin is an
antibiotic of the aminoglycoside class
and is produced by the bacteria
streptomyces. The active pesticide
ingredient, streptomycin sulfate,
dissociates in water to streptomycin, but
otherwise is relatively stable in crops,
animals, and humans. Therefore,
compliance with the tolerance levels is
determined by measuring the residues
of streptomycin only and there are no
toxicologically significant metabolites
and/or degradates. Streptomycin and
streptomycin sulfate are considered
equivalent in this document and both
are referred to as streptomycin. These
time-limited tolerances expire on
December 31, 2015.
Section 408(l)(6) of FFDCA requires
EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under FIFRA section 18. Such
tolerances can be established without
providing notice or period for public
comment. EPA does not intend for its
actions on FIFRA section 18 related
time-limited tolerances to set binding
precedents for the application of FFDCA
section 408 and the safety standard to
other tolerances and exemptions.
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Section 408(e) of FFDCA allows EPA to
establish a tolerance or an exemption
from the requirement of a tolerance on
its own initiative, i.e., without having
received any petition from an outside
party.
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. . . .’’
Section 18 of FIFRA authorizes EPA
to exempt any Federal or State agency
from any provision of FIFRA, if EPA
determines that ‘‘emergency conditions
exist which require such exemption.’’
EPA has established regulations
governing such emergency exemptions
in 40 CFR part 166.
III. Emergency Exemption for
Streptomycin on Grapefruit and FFDCA
Tolerances
The Florida Department of
Agriculture and Consumer Services
(FDACS) requested an emergency
exemption for use of streptomycin on
up to 54,000 acres of fresh-market
grapefruit to combat citrus canker, a
disease caused by the bacteria
Xanthomonas citri. Citrus canker was
once limited to localized areas in
Florida, but several recent severe
hurricane seasons have spread the
disease throughout the citrus growing
areas and widespread treatment to
control the disease throughout the
season has become necessary. The
FDACS requested a maximum of 2
applications of streptomycin, by ground
equipment only, at a rate of 0.448
pounds of active ingredient per acre per
application, during the hottest part of
the season when the risk of fruit injury
from the alternative controls is the
greatest. After having reviewed the
submission, EPA determined that an
emergency condition exists for this
State, and that the criteria for approval
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of an emergency exemption are met.
EPA has authorized a specific
exemption under FIFRA section 18 for
the use of streptomycin on grapefruit for
control of citrus canker in Florida.
As part of its evaluation of the
emergency exemption application, EPA
assessed the potential risks presented by
residues of streptomycin in or on
grapefruit. In doing so, EPA considered
the safety standard in FFDCA section
408(b)(2), and EPA decided that the
necessary tolerance under FFDCA
section 408(l)(6) would be consistent
with the safety standard and with
FIFRA section 18. Consistent with the
need to move quickly on the emergency
exemption in order to address an urgent
non-routine situation and to ensure that
the resulting food is safe and lawful,
EPA is issuing this tolerance without
notice and opportunity for public
comment as provided in FFDCA section
408(l)(6). Although these time-limited
tolerances expire on December 31, 2015,
under FFDCA section 408(l)(5), residues
of the pesticide not in excess of the
amounts specified in the tolerances
remaining in or on grapefruit and
grapefruit, dried pulp after that date will
not be unlawful, provided the pesticide
was applied in a manner that was lawful
under FIFRA, and the residues do not
exceed a level that was authorized by
these time-limited tolerances at the time
of that application. EPA will take action
to revoke these time-limited tolerances
earlier if any experience with, scientific
data on, or other relevant information
on this pesticide indicate that the
residues are not safe.
Because these time-limited tolerances
are being approved under emergency
conditions, EPA has not made any
decisions about whether streptomycin
meets FIFRA’s registration requirements
for use on grapefruit or whether
permanent tolerances for this use would
be appropriate. Under these
circumstances, EPA does not believe
that this time-limited tolerance decision
serves as a basis for registration of
streptomycin by a State for special local
needs under FIFRA section 24(c). Nor
does this tolerance by itself serve as the
authority for persons in any State other
than Florida to use this pesticide on the
applicable crops under FIFRA section
18 absent the issuance of an emergency
exemption applicable within that State.
For additional information regarding the
emergency exemption for streptomycin,
contact the Agency’s Registration
Division at the address provided under
FOR FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and
Determination of Safety
Specific information on the studies
reviewed and the nature of the adverse
effects caused by streptomycin as well
as the no-observed-adverse-effect-level
(NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the
toxicity studies can be found at https://
www.regulations.gov, under docket ID
number EPA–HQ–OPP–2011–0852, in
the document titled ‘‘Streptomycin
sulfate. Section 18 Petition by the
Florida Department of Agriculture and
Consumer Services for use on
Grapefruit.’’
Consistent with 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, the
aggregate exposures expected as a result
of this emergency exemption request
and the time-limited tolerances for
residues of streptomycin in or on
grapefruit at 0.15 ppm, and grapefruit,
29051
dried pulp at 0.40 ppm. EPA’s
assessment of exposures and risks
associated with establishing the timelimited tolerances follows.
A. 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 non-threshold risk in terms of
the probability of an occurrence of the
adverse effect during 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 streptomycin used for
human risk assessment is shown in the
Table of this unit.
SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR STREPTOMYCIN FOR USE IN HUMAN HEALTH RISK
ASSESSMENT
Exposure/scenario
Point of departure and
uncertainty/safety factors
RfD, PAD, LOC for risk
assessment
Study and toxicological effects
Acute dietary ..................................
(Any population) .............................
Chronic dietary ...............................
(All populations) .............................
NA .................................................
NA .................................................
Toxicity from single dose exposure not identified.
Two-year feeding study in rats.
LOAEL = 10 mg/kg/day based on
reduced body weight gain.
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Cancer ...........................................
NOAEL= 5 mg/kg/day ................... Chronic RfD = 0.05 mg/kg/day .....
UFA = 10 ....................................... cPAD = 0.05 mg/kg/day ...............
UFH = 10 .......................................
FQPA SF = 1X .............................
NA—EPA Waived its toxicology data requirements
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. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members
of the human population (intraspecies).
The human risk assessment for this
action can be found at https://
www.regulations.gov in the document
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‘‘Streptomycin sulfate. Section 18
Petition by the Florida Department of
Agriculture and Consumer Services for
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Use on Grapefruit’’ in the docket for ID
number EPA-HQ–OPP–2011–0852.
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B. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to streptomycin, EPA
considered exposure under the timelimited tolerances established by this
action as well as all existing
streptomycin tolerances in 40 CFR
180.245. EPA assessed dietary
exposures from streptomycin in food as
follows:
i. Acute exposure. No such acute
adverse effects were identified in the
toxicological studies for streptomycin;
therefore, a quantitative acute dietary
exposure assessment is unnecessary.
ii. Chronic exposure. In conducting
the chronic dietary exposure
assessment, 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, EPA used tolerance level
residues for all registered commodities,
and the proposed tolerance levels of
0.15 ppm for grapefruit and grapefruit
juice. In addition, default processing
factors were used for all commodities
except grapefruit juice. One hundred
percent crop treated (PCT) was assumed
for all crops.
iii. Cancer. No concern for
carcinogenicity is expected for
streptomycin based on the weight of
evidence of available information.
Streptomycin has been used for decades
as a human drug at doses much higher
than those expected from pesticidal
uses, without findings of an association
with cancer. Based on this information
combined with the lack of tumors
reported in the 2-year rat study assessed
by FDA, and the properties of the
molecule (e.g., minimal metabolism and
large molecular size restricting
interaction of the chemical with typical
carcinogenic receptors) EPA has waived
its toxicological data requirements for
streptomycin. EPA has concluded that
streptomycin does not pose a cancer risk
to humans and a quantitative data
requirements for streptomycin dietary
exposure assessment for assessing
cancer risk was not conducted.
iv. Anticipated residue and PCT
information. EPA did not use
anticipated residue and/or PCT
information in the dietary assessment
for streptomycin. Tolerance level
residues and 100 PCT were assumed for
all food commodities.
2. Dietary exposure from drinking
water. The Agency used screening level
water exposure models in the dietary
exposure analysis and risk assessment
for streptomycin in drinking water.
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These simulation models take into
account data on the physical, chemical,
and fate/transport characteristics of
streptomycin. Further information
regarding EPA drinking water models
used in pesticide exposure assessment
can be found at https://www.epa.gov/
oppefed1/models/water/index.htm.
Based on the First Index Reservoir
Screening Tool (FIRST), and Screening
Concentration in Ground Water (SCI–
GROW) models, for surface and ground
water, respectively, the estimated
drinking water concentrations (EDWCs)
of streptomycin for ground and surface
water were calculated as 1.2 parts per
billion (ppb) and 51.4 ppb, respectively.
The EDWCs are based on aerial
application to apple orchards, which is
the highest rate allowed by the label.
Modeled estimates of drinking water
concentrations were directly entered
into the dietary exposure model. For
chronic dietary risk assessment, the
EDWC value of 51.4 ppb for surface
water was used to assess the dietary
exposure contribution from 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).
Streptomycin is currently registered
for the following uses that could result
in residential exposures: Use in
residential areas on trees and shrubs to
control the same diseases (e.g., blight,
various rots) for which it is used in
commercial greenhouse and agricultural
settings.
EPA assessed residential nondietary
exposure using the following
assumptions: Since streptomycin is not
significantly absorbed through dermal
route, only inhalation exposures were
assessed for residential scenarios of
homeowner application to fruit trees
and shrubs using a low pressure
handwand. Although a quantitative
residential post-application inhalation
exposure assessment was not
performed, an occupational inhalation
exposure assessment for handlers was
performed which is representative of a
higher-end, more intensive inhalation
exposure. Thus, this assessment is also
protective for evaluating any potential
residential post-application inhalation
exposure. Further information regarding
EPA standard assumptions and generic
inputs for residential exposures may be
found at: https://www.epa.gov/
pesticides/trac/science/trac6a05.pdf.
4. Cumulative effects from substances
with a common mechanism of toxicity.
Section 408(b)(2)(D)(v) of FFDCA
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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 streptomycin to
share a common mechanism of toxicity
with any other substances, and
streptomycin does not appear to
produce a toxic metabolite produced by
other substances. For the purposes of
this tolerance action, therefore, EPA has
assumed that streptomycin 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.
C. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(C) of
FFDCA provides that EPA shall apply
an additional tenfold (10X) margin of
safety for infants and children in the
case of threshold effects to account for
prenatal and postnatal toxicity and the
completeness of the database on toxicity
and exposure unless EPA determines
based on reliable data that a different
margin of safety will be safe for infants
and children. This additional margin of
safety is commonly referred to as the
Food Quality Protection Act (FQPA)
Safety Factor (SF). In applying this
provision, EPA either retains the default
value of 10X, or uses a different
additional SF when reliable data
available to EPA support the choice of
a different factor.
2. Prenatal and postnatal sensitivity.
In a rabbit developmental toxicity study,
no teratogenic effects were observed at
the highest dose tested (10 milligrams/
kilogram/day (mg/kg/day) orally).
However, women receiving clinical
treatment at doses of approximately 15
mg/kg/day by intramuscular injection of
streptomycin during pregnancy have
been known to give birth to children
with hearing loss or vestibular
problems; no other teratogenic effects
have been attributed to streptomycin
treatment. Because only about 1% of an
oral dose of streptomycin is absorbed by
the body, that intramuscular injection
corresponds to approximately 1,500 mg/
kg/day by the oral route. Thus the
pharmacological dose at which these
prenatal effects have been observed is
about 150 times higher than the no
observed adverse effect level in the
rabbit developmental toxicity study, and
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approximately 30,000 times higher than
the dose that produced the reduced
weight gain endpoint used in
establishing the chronic RfD, EPA is
confident that the RfD will protect
against teratogenic effects.
3. Conclusion. EPA has determined
that reliable data show that the safety of
infants and children would be
adequately protected if the FQPA SF
were reduced to 1. That decision is
based on the following findings:
i. An extensive database exists from
drug use of streptomycin in humans and
animals, and all guideline toxicity data
requirements for streptomycin have
been waived. The toxicity of
streptomycin was assessed using
toxicity reviews provided by the FDA
and from the published literature on
drug use. Because the dose selected for
risk assessment from agricultural use
(based upon anticipated maximum
exposures) is based upon a toxicity
endpoint (decreased weight gain in test
animals) that occurs at a much lower
oral dose than the injected dose at
which prenatal effects occur in humans,
there are no residual concerns and the
FQPA safety factor was reduced to 1x.
ii. There is some indication that
streptomycin may be neurotoxic at the
very high doses when injected as a drug.
Injury to the 8th cranial nerve has been
noted in some patients receiving
streptomycin injections. However, this
injury occurs because streptomycin
accumulates in the inner ear and is not
indicative of systemic injury to the
nervous system. Other rare conditions
reported in patients treated with
streptomycin injections at clinical doses
include neuromuscular blockade
associated with anesthesia, enlarged
blind spots of the eye, and paresthesia
or abnormal sensations. Again, these
responses are rare and occurred with
large pharmacological doses at
approximately 30,000 times higher than
the RfD for streptomycin. A
developmental neurotoxicity study is
therefore not recommended, and there is
no need for additional UFs to account
for neurotoxicity.
iii. There was no evidence that in
utero rabbits have increased
susceptibility to streptomycin in the
prenatal developmental study. A
reproductive toxicity study has been
waived and is therefore not available.
Some children of mothers treated during
pregnancy with streptomycin have been
born with hearing deficits, which may
indicate that the developing fetus is
more sensitive than the mother to
streptomycin-induced inner ear toxicity.
However, these effects occurred after
treatment with a directly injected
pharmacological dose which is
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comparable to a dose about 150 times
higher than the no observed adverse
effect level in the rabbit developmental
toxicity study, and approximately
30,000 times the chronic RfD EPA has
selected for risk management purposes.
At the much lower dose that EPA is
using for risk management, there are no
residual concerns. Therefore there are
no concerns for prenatal effects.
iv. There are no residual uncertainties
identified in the exposure databases; all
guideline toxicity data requirements
were waived because of the extensive
clinical information available for
streptomycin from decades of use as a
drug in humans and animals. The
dietary food exposure assessments were
performed based on 100 PCT and
tolerance-level residues. EPA made
conservative (protective) assumptions in
the ground and surface water modeling
used to assess exposure to streptomycin
in drinking water. EPA used similarly
conservative assumptions to assess postapplication exposure of children as well
as incidental oral exposure of toddlers.
These assessments will not
underestimate the exposure and risks
posed by streptomycin.
D. 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 experiencing cancer given
the estimated aggregate exposure.
Short-, intermediate-, and chronic-term
risks are evaluated by comparing the
estimated aggregate food, water, and
residential exposure to the appropriate
PODs to ensure that an adequate MOE
exists.
1. Acute risk. An acute aggregate risk
assessment takes into account acute
exposure estimates from dietary
consumption of food and drinking
water. No adverse effect resulting from
a single oral exposure was identified
and no acute dietary adverse effect
endpoint was identified. Therefore,
streptomycin is not expected to pose an
acute risk.
2. Chronic risk. Using the exposure
assumptions described in this unit for
chronic exposure, EPA has concluded
that chronic dietary exposure to
streptomycin from food and water will
utilize 13% of the cPAD for children 1–
2 years old, the population group
receiving the greatest exposure. Based
on the explanation in the unit regarding
residential use patterns, chronic
residential exposure to residues of
streptomycin is not expected.
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29053
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). Streptomycin is
currently registered for uses that could
result in short-term residential
exposure. However, no such effects
were identified in the studies for
streptomycin. The Agency has
determined that the chronic risk
assessment is adequately protective for
short-term exposures, and it is
appropriate to aggregate chronic
exposure through food and water
(considered background exposure) with
short-term residential exposures to
streptomycin. Using the exposure
assumptions described in this unit for
short-term exposures, EPA has
concluded the combined short-term
food, water, and residential exposures
from the highest exposure scenario
result in an aggregate MOE of 2,100.
Because EPA’s level of concern for
streptomycin is an MOE of 100 or
below, this MOE is not of concern.
Although a quantitative residential postapplication inhalation exposure
assessment was not performed, the
occupational inhalation exposure
assessment performed for handlers is
representative of a worse case inhalation
exposure and therefore protective of any
potential post-application inhalation
exposure in residential scenarios. The
lowest MOE from the occupational
assessments was 560, and assumed no
use of protective equipment such as a
respirator. Since this is higher than
EPA’s level of concern of an MOE of 100
or below it is not of concern.
4. Intermediate-term risk.
Intermediate-term aggregate exposure
takes into account intermediate-term
non-dietary, non-occupational exposure
plus chronic exposure to food and water
(considered to be a background
exposure level). Streptomycin is not
registered for any use patterns that
would result in intermediate-term
residential exposure and no
intermediate-term adverse effects have
been identified. Because there is no
intermediate-term residential exposure
or adverse effects identified, 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
streptomycin.
5. Aggregate cancer risk for U.S.
population. A quantitative cancer
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assessment is unnecessary. Available
data suggest there are no concerns for
cancer from exposure to streptomycin,
and EPA has concluded that
streptomycin is not expected to pose a
cancer risk to humans.
6. Antibiotic resistance risk. EPA
estimated the potential for development
of antibiotic resistance in pathogenic
bacteria, in consideration of factors
recommended by public health experts
to sustain the effectiveness of antibiotic
materials. EPA conducted a qualitative
analysis of this use as outlined in FDA’s
Guidance for Industry (GFI) #152. FDA’s
GFI #152 addresses expansion of
antibiotic uses outside clinical settings
with respect to potential impact on
resistance development. Existing
resistance to streptomycin has
diminished its use in clinical settings,
although it is still used as a second line
treatment for tuberculosis and used for
several other bacterial diseases.
However, based upon the limitations of
the use under an emergency exemption,
both in terms of rate and geographic
area, EPA concluded that the use is
expected to result in low risks of release
into the environment, and subsequently
low exposures. Thus, EPA determined
that the overall rating for risks of
resistance development from this
emergency exemption use under an
emergency exemption is ‘‘low.’’ The
analysis, ‘‘Review of Florida Department
of Agriculture/AgroSource’s Analysis of
Streptomycin’s Safety with Regard to Its
Microbiological Effect on Bacteria of
Human Health Concern (FDA/CVM
Guidance to Industry #152)’’, as well as
FDA’s GFI #152, may be found at
https://www.regulations.gov, under
docket ID number EPA–HQ–OPP–2011–
0852.
7. Pharmaceutical aggregate risk.
Section 408 of the FFDCA requires EPA
to consider potential sources of
exposure to a pesticide and related
substances in addition to the dietary
sources expected to result from a
pesticide use subject to the tolerance. In
order to determine whether to maintain
a pesticide tolerance, EPA must
‘‘determine that there is a reasonable
certainty of no harm.’’ Under FFDCA
section 505, the Food and Drug
Administration reviews human drugs
for safety and effectiveness and may
approve a drug notwithstanding the
possibility that some users may
experience adverse side effects. EPA
does not believe that, for purposes of the
section 408 dietary risk assessment, it is
compelled to treat a pharmaceutical
user the same as a non-user, or to
assume that combined exposures to
pesticide and pharmaceutical residues
that lead to a physiological effect in the
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user constitutes ‘‘harm’’ under the
meaning of section 408 of the FFDCA.
Rather, EPA believes the appropriate
way to consider the pharmaceutical use
of streptomycin in its risk assessment is
to examine the impact that the
additional nonoccupational pesticide
exposures would have to a
pharmaceutical user exposed to a
related (or, in some cases, the same)
compound. Where the additional
pesticide exposure has no more than a
minimal impact on the pharmaceutical
user, EPA could make a reasonable
certainty of no harm finding for the
pesticide tolerances of that compound
under section 408 of the FFDCA. If the
potential impact on the pharmaceutical
user as a result of co-exposure from
pesticide use is more than minimal,
then EPA would not be able to conclude
that dietary residues were safe, and
would need to discuss with FDA
appropriate measures to reduce
exposure from one or both sources.
Injected drug doses are approximately
15 mg/kg/day. Because the oral
absorption of streptomycin is <1%, this
corresponds to an oral equivalent dose
of 1,500 mg/kg/day. This oral equivalent
dose is approximately 375,000 times the
highest dietary exposure estimate of
0.004 mg/kg/day (the food and water
exposure estimate for the highestexposed population (children 1–2 years
old)). Therefore, dietary exposure from
pesticide uses of streptomycin is
negligible compared to drug exposure
and would not contribute to drug
toxicity, so there are no concerns for
risks from dietary contribution of
streptomycin exposure from pesticide
use, in patients receiving streptomycin
drug injections. Because the pesticide
exposure has no more than a minimal
impact on the total dose to a
pharmaceutical user, EPA believes that
there is a reasonable certainty that no
harm will result from the potential
dietary pesticide exposure of a user
being treated therapeutically with
streptomycin.
8. 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 streptomycin
residues.
V. Other Considerations
A. Analytical Enforcement Methodology
An adequate enforcement
methodology, ‘‘Confirmation of
Aminoglycosides by HPCL–MS/MS’’;
United States Department of
Agriculture, Food Safety and Inspection
Service, Office of Public Health Science,
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Fmt 4700
Sfmt 4700
SOP No: CLG–AMG1.02, using high
performance liquid chromatography
with tandem mass spectrometry for
detection (HPLC–MS/MS), is available
to enforce the tolerance expression.
The method may be requested from:
Chief, Analytical Chemistry Branch,
Environmental Science Center, 701
Mapes Rd., Ft. Meade, MD 20755–5350;
telephone number: (410) 305–2905;
email address:
residuemethods@epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level.
The Codex has not established an
MRL for streptomycin on grapefruit.
VI. Conclusion
Therefore, time-limited tolerances are
established for residues of streptomycin,
in or on grapefruit at 0.15 ppm and
grapefruit, dried pulp at 0.40 ppm.
These tolerances expire on December
31, 2015.
VII. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA sections 408(e) and
408(l)(6). 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
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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 in accordance with
FFDCA sections 408(e) and 408(l)(6),
such as the tolerances 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
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) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 9, 2013.
Daniel J. Rosenblatt,
Acting 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. Section 180.245 is amended by
adding paragraph (b) to read as follows:
■
§ 180.245 Streptomycin; tolerances for
residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
Time-limited tolerances are established
for residues of streptomycin, in or on
the agricultural commodities, as
specified in the following table,
resulting from use of the pesticide
pursuant to FIFRA section 18
emergency exemptions. Compliance
with the tolerance levels listed in the
following table is to be determined by
measuring the levels of streptomycin
only, in or on the commodities listed in
the table. The tolerances expire on the
dates specified in the table.
Parts per
million
Commodity
Grapefruit ..........
Grapefruit, dried
pulp ...............
*
*
*
0.15
*
12/31/2015
0.40
12/31/2015
*
[FR Doc. 2013–11858 Filed 5–16–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of Inspector General
VIII. Congressional Review Act
wreier-aviles on DSK5TPTVN1PROD with RULES
Expiration
date
42 CFR Part 1007
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
[OIG–1203–F]
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State Medicaid Fraud Control Units;
Data Mining
Office of Inspector General
(OIG), HHS.
ACTION: Final rule.
AGENCY:
This final rule amends a
provision in HHS regulations
SUMMARY:
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29055
prohibiting State Medicaid Fraud
Control Units (MFCU) from using
Federal matching funds to identify fraud
through screening and analyzing State
Medicaid data, known as data mining.
To support and modernize MFCU efforts
to effectively pursue Medicaid provider
fraud, we finalize proposals to permit
Federal financial participation (FFP) in
costs of defined data mining activities
under specified circumstances. In
addition, we finalize requirements that
MFCUs annually report costs and
results of approved data mining
activities to OIG.
DATES: These regulations are effective
on June 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Richard Stern, Department of Health
and Human Services, Office of Inspector
General, (202) 619–0480.
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
In 1977, the Medicare-Medicaid AntiFraud and Abuse Amendments (Pub. L.
95–142) were enacted to strengthen the
capability of the Government to detect,
prosecute, and punish fraudulent
activities under the Medicare and
Medicaid programs. Section 17(a) of the
statute amended section 1903(a) of the
Social Security Act (the Act) to provide
for Federal participation in the costs
attributable to establishing and
operating a MFCU. The requirements for
operating a MFCU appear at section
1903(q) of the Act. Promulgated in 1978,
regulations implementing the MFCU
authority appear at 42 CFR part 1007.
Section 1903(a)(6) of the Act requires
the Secretary of Health and Human
Services (the Secretary) to pay FFP to a
State for MFCU costs ‘‘attributable to the
establishment and operation of a
MFCU’’ and ‘‘found necessary by the
Secretary for the elimination of fraud in
the provision and administration of
medical assistance provided under the
State plan.’’ Under the section, States
receive 90 percent FFP for an initial 3year period for the costs of establishing
and operating a MFCU, including the
costs of training, and 75 percent FFP
thereafter. Currently, all States with
MFCUs receive FFP at a 75-percent rate.
In accordance with section 1903(q) of
the Act, MFCUs must be separate and
distinct from the State’s Medicaid
agency. For a State Medicaid agency,
general administrative costs of operating
a State Medicaid program are
reimbursed at a rate of 50 percent,
although enhanced FFP rates are
available for certain activities specified
by statute, including those associated
with Medicaid management information
systems (MMIS).
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Agencies
[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29049-29055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11858]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2011-0852; FRL-9385-3]
Streptomycin; Pesticide Tolerances for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes time-limited tolerances for
residues of streptomycin in or on grapefruit and grapefruit, dried
pulp. This action is in response to EPA's granting of an emergency
exemption under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of the pesticide on grapefruit. This regulation
establishes maximum permissible levels for residues of streptomycin in
or on these commodities. The time-limited tolerances expire on December
31, 2015.
DATES: This regulation is effective May 17, 2013. Objections and
requests for hearings must be received on or before July 16, 2013 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-2011-0852, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Andrea Conrath, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (703) 308-9356; email address: conrath.andrea@epa.gov.
[[Page 29050]]
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the 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 section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
You must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2011-0852 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 July 16, 2013. Addresses for
mail and hand delivery of objections and hearing requests are provided
in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2011-0852, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/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. Background and Statutory Findings
EPA, on its own initiative, in accordance with FFDCA sections
408(e) and 408(l)(6) of, 21 U.S.C. 346a(e) and 346a(1)(6), is
establishing time-limited tolerances for residues of streptomycin, 5-
(2,4-diguanidino-3,5,6-trihydroxy-cyclohexoxy)-4-[4,5-dihydroxy-6-
(hydroxymethyl)-3-methylamino-tetrahydropyran-2-yl] oxy-3-hydroxy-2-
methyl-tetrahydrofuran-3-carbaldehyde, in or on grapefruit at 0.15
parts per million (ppm) and dried grapefruit pulp at 0.40 ppm.
Streptomycin is an antibiotic of the aminoglycoside class and is
produced by the bacteria streptomyces. The active pesticide ingredient,
streptomycin sulfate, dissociates in water to streptomycin, but
otherwise is relatively stable in crops, animals, and humans.
Therefore, compliance with the tolerance levels is determined by
measuring the residues of streptomycin only and there are no
toxicologically significant metabolites and/or degradates. Streptomycin
and streptomycin sulfate are considered equivalent in this document and
both are referred to as streptomycin. These time-limited tolerances
expire on December 31, 2015.
Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under FIFRA
section 18. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
FIFRA section 18 related time-limited tolerances to set binding
precedents for the application of FFDCA section 408 and the safety
standard to other tolerances and exemptions. Section 408(e) of FFDCA
allows EPA to establish a tolerance or an exemption from the
requirement of a tolerance on its own initiative, i.e., without having
received any petition from an outside party.
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. . .
.''
Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.
III. Emergency Exemption for Streptomycin on Grapefruit and FFDCA
Tolerances
The Florida Department of Agriculture and Consumer Services (FDACS)
requested an emergency exemption for use of streptomycin on up to
54,000 acres of fresh-market grapefruit to combat citrus canker, a
disease caused by the bacteria Xanthomonas citri. Citrus canker was
once limited to localized areas in Florida, but several recent severe
hurricane seasons have spread the disease throughout the citrus growing
areas and widespread treatment to control the disease throughout the
season has become necessary. The FDACS requested a maximum of 2
applications of streptomycin, by ground equipment only, at a rate of
0.448 pounds of active ingredient per acre per application, during the
hottest part of the season when the risk of fruit injury from the
alternative controls is the greatest. After having reviewed the
submission, EPA determined that an emergency condition exists for this
State, and that the criteria for approval
[[Page 29051]]
of an emergency exemption are met. EPA has authorized a specific
exemption under FIFRA section 18 for the use of streptomycin on
grapefruit for control of citrus canker in Florida.
As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of streptomycin
in or on grapefruit. In doing so, EPA considered the safety standard in
FFDCA section 408(b)(2), and EPA decided that the necessary tolerance
under FFDCA section 408(l)(6) would be consistent with the safety
standard and with FIFRA section 18. Consistent with the need to move
quickly on the emergency exemption in order to address an urgent non-
routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in FFDCA section 408(l)(6). Although
these time-limited tolerances expire on December 31, 2015, under FFDCA
section 408(l)(5), residues of the pesticide not in excess of the
amounts specified in the tolerances remaining in or on grapefruit and
grapefruit, dried pulp after that date will not be unlawful, provided
the pesticide was applied in a manner that was lawful under FIFRA, and
the residues do not exceed a level that was authorized by these time-
limited tolerances at the time of that application. EPA will take
action to revoke these time-limited tolerances earlier if any
experience with, scientific data on, or other relevant information on
this pesticide indicate that the residues are not safe.
Because these time-limited tolerances are being approved under
emergency conditions, EPA has not made any decisions about whether
streptomycin meets FIFRA's registration requirements for use on
grapefruit or whether permanent tolerances for this use would be
appropriate. Under these circumstances, EPA does not believe that this
time-limited tolerance decision serves as a basis for registration of
streptomycin by a State for special local needs under FIFRA section
24(c). Nor does this tolerance by itself serve as the authority for
persons in any State other than Florida to use this pesticide on the
applicable crops under FIFRA section 18 absent the issuance of an
emergency exemption applicable within that State. For additional
information regarding the emergency exemption for streptomycin, contact
the Agency's Registration Division at the address provided under FOR
FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and Determination of Safety
Specific information on the studies reviewed and the nature of the
adverse effects caused by streptomycin as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at https://www.regulations.gov, under docket ID number EPA-HQ-OPP-2011-0852, in
the document titled ``Streptomycin sulfate. Section 18 Petition by the
Florida Department of Agriculture and Consumer Services for use on
Grapefruit.''
Consistent with 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, the aggregate
exposures expected as a result of this emergency exemption request and
the time-limited tolerances for residues of streptomycin in or on
grapefruit at 0.15 ppm, and grapefruit, dried pulp at 0.40 ppm. EPA's
assessment of exposures and risks associated with establishing the
time-limited tolerances follows.
A. 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 non-threshold risk in terms of the probability of an
occurrence of the adverse effect during 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 streptomycin used for
human risk assessment is shown in the Table of this unit.
Summary of Toxicological Doses and Endpoints for Streptomycin 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........................ NA..................... NA..................... Toxicity from single
(Any population)..................... dose exposure not
identified.
Chronic dietary...................... NOAEL= 5 mg/kg/day..... Chronic RfD = 0.05 mg/ Two-year feeding study
(All populations).................... UFA = 10............... kg/day. in rats.
UFH = 10............... cPAD = 0.05 mg/kg/day.. LOAEL = 10 mg/kg/day
FQPA SF = 1X........... based on reduced body
weight gain.
Cancer............................... NA--EPA Waived its toxicology data requirements
----------------------------------------------------------------------------------------------------------------
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. UFA = extrapolation from
animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population
(intraspecies).
The human risk assessment for this action can be found at https://www.regulations.gov in the document ``Streptomycin sulfate. Section 18
Petition by the Florida Department of Agriculture and Consumer Services
for Use on Grapefruit'' in the docket for ID number EPA-HQ-OPP-2011-
0852.
[[Page 29052]]
B. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to streptomycin, EPA considered exposure under the time-
limited tolerances established by this action as well as all existing
streptomycin tolerances in 40 CFR 180.245. EPA assessed dietary
exposures from streptomycin in food as follows:
i. Acute exposure. No such acute adverse effects were identified in
the toxicological studies for streptomycin; therefore, a quantitative
acute dietary exposure assessment is unnecessary.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment, 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, EPA used tolerance level residues for all registered
commodities, and the proposed tolerance levels of 0.15 ppm for
grapefruit and grapefruit juice. In addition, default processing
factors were used for all commodities except grapefruit juice. One
hundred percent crop treated (PCT) was assumed for all crops.
iii. Cancer. No concern for carcinogenicity is expected for
streptomycin based on the weight of evidence of available information.
Streptomycin has been used for decades as a human drug at doses much
higher than those expected from pesticidal uses, without findings of an
association with cancer. Based on this information combined with the
lack of tumors reported in the 2-year rat study assessed by FDA, and
the properties of the molecule (e.g., minimal metabolism and large
molecular size restricting interaction of the chemical with typical
carcinogenic receptors) EPA has waived its toxicological data
requirements for streptomycin. EPA has concluded that streptomycin does
not pose a cancer risk to humans and a quantitative data requirements
for streptomycin dietary exposure assessment for assessing cancer risk
was not conducted.
iv. Anticipated residue and PCT information. EPA did not use
anticipated residue and/or PCT information in the dietary assessment
for streptomycin. Tolerance level residues and 100 PCT were assumed for
all food commodities.
2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for streptomycin in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of streptomycin. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at https://www.epa.gov/oppefed1/models/water/index.htm.
Based on the First Index Reservoir Screening Tool (FIRST), and
Screening Concentration in Ground Water (SCI-GROW) models, for surface
and ground water, respectively, the estimated drinking water
concentrations (EDWCs) of streptomycin for ground and surface water
were calculated as 1.2 parts per billion (ppb) and 51.4 ppb,
respectively. The EDWCs are based on aerial application to apple
orchards, which is the highest rate allowed by the label.
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For chronic dietary risk
assessment, the EDWC value of 51.4 ppb for surface water was used to
assess the dietary exposure contribution from 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).
Streptomycin is currently registered for the following uses that
could result in residential exposures: Use in residential areas on
trees and shrubs to control the same diseases (e.g., blight, various
rots) for which it is used in commercial greenhouse and agricultural
settings.
EPA assessed residential nondietary exposure using the following
assumptions: Since streptomycin is not significantly absorbed through
dermal route, only inhalation exposures were assessed for residential
scenarios of homeowner application to fruit trees and shrubs using a
low pressure handwand. Although a quantitative residential post-
application inhalation exposure assessment was not performed, an
occupational inhalation exposure assessment for handlers was performed
which is representative of a higher-end, more intensive inhalation
exposure. Thus, this assessment is also protective for evaluating any
potential residential post-application inhalation exposure. Further
information regarding EPA standard assumptions and generic inputs for
residential exposures may be found at: https://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
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 streptomycin to share a common mechanism of
toxicity with any other substances, and streptomycin does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
streptomycin 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.
C. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act (FQPA) Safety Factor (SF). In applying this provision,
EPA either retains the default value of 10X, or uses a different
additional SF when reliable data available to EPA support the choice of
a different factor.
2. Prenatal and postnatal sensitivity. In a rabbit developmental
toxicity study, no teratogenic effects were observed at the highest
dose tested (10 milligrams/kilogram/day (mg/kg/day) orally). However,
women receiving clinical treatment at doses of approximately 15 mg/kg/
day by intramuscular injection of streptomycin during pregnancy have
been known to give birth to children with hearing loss or vestibular
problems; no other teratogenic effects have been attributed to
streptomycin treatment. Because only about 1% of an oral dose of
streptomycin is absorbed by the body, that intramuscular injection
corresponds to approximately 1,500 mg/kg/day by the oral route. Thus
the pharmacological dose at which these prenatal effects have been
observed is about 150 times higher than the no observed adverse effect
level in the rabbit developmental toxicity study, and
[[Page 29053]]
approximately 30,000 times higher than the dose that produced the
reduced weight gain endpoint used in establishing the chronic RfD, EPA
is confident that the RfD will protect against teratogenic effects.
3. Conclusion. EPA has determined that reliable data show that the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1. That decision is based on the following
findings:
i. An extensive database exists from drug use of streptomycin in
humans and animals, and all guideline toxicity data requirements for
streptomycin have been waived. The toxicity of streptomycin was
assessed using toxicity reviews provided by the FDA and from the
published literature on drug use. Because the dose selected for risk
assessment from agricultural use (based upon anticipated maximum
exposures) is based upon a toxicity endpoint (decreased weight gain in
test animals) that occurs at a much lower oral dose than the injected
dose at which prenatal effects occur in humans, there are no residual
concerns and the FQPA safety factor was reduced to 1x.
ii. There is some indication that streptomycin may be neurotoxic at
the very high doses when injected as a drug. Injury to the 8th cranial
nerve has been noted in some patients receiving streptomycin
injections. However, this injury occurs because streptomycin
accumulates in the inner ear and is not indicative of systemic injury
to the nervous system. Other rare conditions reported in patients
treated with streptomycin injections at clinical doses include
neuromuscular blockade associated with anesthesia, enlarged blind spots
of the eye, and paresthesia or abnormal sensations. Again, these
responses are rare and occurred with large pharmacological doses at
approximately 30,000 times higher than the RfD for streptomycin. A
developmental neurotoxicity study is therefore not recommended, and
there is no need for additional UFs to account for neurotoxicity.
iii. There was no evidence that in utero rabbits have increased
susceptibility to streptomycin in the prenatal developmental study. A
reproductive toxicity study has been waived and is therefore not
available. Some children of mothers treated during pregnancy with
streptomycin have been born with hearing deficits, which may indicate
that the developing fetus is more sensitive than the mother to
streptomycin-induced inner ear toxicity. However, these effects
occurred after treatment with a directly injected pharmacological dose
which is comparable to a dose about 150 times higher than the no
observed adverse effect level in the rabbit developmental toxicity
study, and approximately 30,000 times the chronic RfD EPA has selected
for risk management purposes. At the much lower dose that EPA is using
for risk management, there are no residual concerns. Therefore there
are no concerns for prenatal effects.
iv. There are no residual uncertainties identified in the exposure
databases; all guideline toxicity data requirements were waived because
of the extensive clinical information available for streptomycin from
decades of use as a drug in humans and animals. The dietary food
exposure assessments were performed based on 100 PCT and tolerance-
level residues. EPA made conservative (protective) assumptions in the
ground and surface water modeling used to assess exposure to
streptomycin 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 streptomycin.
D. 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 experiencing cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary adverse effect endpoint was
identified. Therefore, streptomycin is not expected to pose an acute
risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic dietary
exposure to streptomycin from food and water will utilize 13% of the
cPAD for children 1-2 years old, the population group receiving the
greatest exposure. Based on the explanation in the unit regarding
residential use patterns, chronic residential exposure to residues of
streptomycin 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). Streptomycin
is currently registered for uses that could result in short-term
residential exposure. However, no such effects were identified in the
studies for streptomycin. The Agency has determined that the chronic
risk assessment is adequately protective for short-term exposures, and
it is appropriate to aggregate chronic exposure through food and water
(considered background exposure) with short-term residential exposures
to streptomycin. Using the exposure assumptions described in this unit
for short-term exposures, EPA has concluded the combined short-term
food, water, and residential exposures from the highest exposure
scenario result in an aggregate MOE of 2,100. Because EPA's level of
concern for streptomycin is an MOE of 100 or below, this MOE is not of
concern. Although a quantitative residential post-application
inhalation exposure assessment was not performed, the occupational
inhalation exposure assessment performed for handlers is representative
of a worse case inhalation exposure and therefore protective of any
potential post-application inhalation exposure in residential
scenarios. The lowest MOE from the occupational assessments was 560,
and assumed no use of protective equipment such as a respirator. Since
this is higher than EPA's level of concern of an MOE of 100 or below it
is not of concern.
4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term non-dietary, non-occupational
exposure plus chronic exposure to food and water (considered to be a
background exposure level). Streptomycin is not registered for any use
patterns that would result in intermediate-term residential exposure
and no intermediate-term adverse effects have been identified. Because
there is no intermediate-term residential exposure or adverse effects
identified, 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 streptomycin.
5. Aggregate cancer risk for U.S. population. A quantitative cancer
[[Page 29054]]
assessment is unnecessary. Available data suggest there are no concerns
for cancer from exposure to streptomycin, and EPA has concluded that
streptomycin is not expected to pose a cancer risk to humans.
6. Antibiotic resistance risk. EPA estimated the potential for
development of antibiotic resistance in pathogenic bacteria, in
consideration of factors recommended by public health experts to
sustain the effectiveness of antibiotic materials. EPA conducted a
qualitative analysis of this use as outlined in FDA's Guidance for
Industry (GFI) 152. FDA's GFI 152 addresses expansion
of antibiotic uses outside clinical settings with respect to potential
impact on resistance development. Existing resistance to streptomycin
has diminished its use in clinical settings, although it is still used
as a second line treatment for tuberculosis and used for several other
bacterial diseases. However, based upon the limitations of the use
under an emergency exemption, both in terms of rate and geographic
area, EPA concluded that the use is expected to result in low risks of
release into the environment, and subsequently low exposures. Thus, EPA
determined that the overall rating for risks of resistance development
from this emergency exemption use under an emergency exemption is
``low.'' The analysis, ``Review of Florida Department of Agriculture/
AgroSource's Analysis of Streptomycin's Safety with Regard to Its
Microbiological Effect on Bacteria of Human Health Concern (FDA/CVM
Guidance to Industry 152)'', as well as FDA's GFI
152, may be found at https://www.regulations.gov, under docket
ID number EPA-HQ-OPP-2011-0852.
7. Pharmaceutical aggregate risk. Section 408 of the FFDCA requires
EPA to consider potential sources of exposure to a pesticide and
related substances in addition to the dietary sources expected to
result from a pesticide use subject to the tolerance. In order to
determine whether to maintain a pesticide tolerance, EPA must
``determine that there is a reasonable certainty of no harm.'' Under
FFDCA section 505, the Food and Drug Administration reviews human drugs
for safety and effectiveness and may approve a drug notwithstanding the
possibility that some users may experience adverse side effects. EPA
does not believe that, for purposes of the section 408 dietary risk
assessment, it is compelled to treat a pharmaceutical user the same as
a non-user, or to assume that combined exposures to pesticide and
pharmaceutical residues that lead to a physiological effect in the user
constitutes ``harm'' under the meaning of section 408 of the FFDCA.
Rather, EPA believes the appropriate way to consider the
pharmaceutical use of streptomycin in its risk assessment is to examine
the impact that the additional nonoccupational pesticide exposures
would have to a pharmaceutical user exposed to a related (or, in some
cases, the same) compound. Where the additional pesticide exposure has
no more than a minimal impact on the pharmaceutical user, EPA could
make a reasonable certainty of no harm finding for the pesticide
tolerances of that compound under section 408 of the FFDCA. If the
potential impact on the pharmaceutical user as a result of co-exposure
from pesticide use is more than minimal, then EPA would not be able to
conclude that dietary residues were safe, and would need to discuss
with FDA appropriate measures to reduce exposure from one or both
sources.
Injected drug doses are approximately 15 mg/kg/day. Because the
oral absorption of streptomycin is <1%, this corresponds to an oral
equivalent dose of 1,500 mg/kg/day. This oral equivalent dose is
approximately 375,000 times the highest dietary exposure estimate of
0.004 mg/kg/day (the food and water exposure estimate for the highest-
exposed population (children 1-2 years old)). Therefore, dietary
exposure from pesticide uses of streptomycin is negligible compared to
drug exposure and would not contribute to drug toxicity, so there are
no concerns for risks from dietary contribution of streptomycin
exposure from pesticide use, in patients receiving streptomycin drug
injections. Because the pesticide exposure has no more than a minimal
impact on the total dose to a pharmaceutical user, EPA believes that
there is a reasonable certainty that no harm will result from the
potential dietary pesticide exposure of a user being treated
therapeutically with streptomycin.
8. 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 streptomycin residues.
V. Other Considerations
A. Analytical Enforcement Methodology
An adequate enforcement methodology, ``Confirmation of
Aminoglycosides by HPCL-MS/MS''; United States Department of
Agriculture, Food Safety and Inspection Service, Office of Public
Health Science, SOP No: CLG-AMG1.02, using high performance liquid
chromatography with tandem mass spectrometry for detection (HPLC-MS/
MS), is available to enforce the tolerance expression.
The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number: (410) 305-2905; email address:
residuemethods@epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established an MRL for streptomycin on
grapefruit.
VI. Conclusion
Therefore, time-limited tolerances are established for residues of
streptomycin, in or on grapefruit at 0.15 ppm and grapefruit, dried
pulp at 0.40 ppm. These tolerances expire on December 31, 2015.
VII. Statutory and Executive Order Reviews
This final rule establishes tolerances under FFDCA sections 408(e)
and 408(l)(6). 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
[[Page 29055]]
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 in accordance
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances 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 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) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 9, 2013.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
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2. Section 180.245 is amended by adding paragraph (b) to read as
follows:
Sec. 180.245 Streptomycin; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. Time-limited tolerances are
established for residues of streptomycin, in or on the agricultural
commodities, as specified in the following table, resulting from use of
the pesticide pursuant to FIFRA section 18 emergency exemptions.
Compliance with the tolerance levels listed in the following table is
to be determined by measuring the levels of streptomycin only, in or on
the commodities listed in the table. The tolerances expire on the dates
specified in the table.
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Parts per Expiration
Commodity million date
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Grapefruit.................................... 0.15 12/31/2015
Grapefruit, dried pulp........................ 0.40 12/31/2015
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[FR Doc. 2013-11858 Filed 5-16-13; 8:45 am]
BILLING CODE 6560-50-P