Tetrachlorvinphos (TCVP); EPA Proposal To Rely on Data From Human Research on TCVP Exposure From Flea Control Collars, 21335-21339 [2016-08281]
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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
Dated: March 29, 2016.
David Garcia,
Deputy Director, Water Division, EPA Region
6.
Dated: March 29, 2016.
Karen Flournoy,
Director, Water, Wetlands, and Pesticides
Division, EPA Region 7.
Dated: March 29, 2016.
Darcy O’Connor,
Acting Assistant Regional Administrator, EPA
Region 8.
Dated: March 29, 2016.
Mike Montgomery
Assistant Director, Water Division, EPA
Region 9.
Dated: March 29, 2016.
Daniel D. Opalski,
Director, Office of Water and Watersheds,
EPA Region 10.
[FR Doc. 2016–08276 Filed 4–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
information on EPA’s Rule for
Protection of Human Subjects contact:
Maureen Lydon, Human Research
Ethics Review Officer, Office of
Pesticide Programs (7501P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 347–0440; email address:
lydon.maureen@epa.gov.
For information on the EPA risk
assessment contact: James Parker,
Chemical Review Manager, Pesticide
Re-Evaluation Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (703) 306–0469;
email address: parker.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
[EPA–HQ–OPP–2008–0316; FRL–9944–37]
Tetrachlorvinphos (TCVP); EPA
Proposal To Rely on Data From Human
Research on TCVP Exposure From
Flea Control Collars
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with EPA’s
rule for protection of human subjects,
EPA is providing an opportunity for
public comment on EPA’s proposal to
rely on data from human research on
tetrachlorvinphos (TCVP) exposure from
flea control collars.
DATES: Comments must be received on
or before May 11, 2016.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2008–0316, 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
Confidential Business Information (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
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SUMMARY:
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A. Does this action apply to me?
This action is directed to the public
in general, and may be of interest to a
wide range of stakeholders including
environmental, human health, farm
worker, and agricultural advocates; the
chemical industry; pesticide users; and
members of the public interested in the
sale, distribution, or use of pesticides.
Since others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult a contact
listed under FOR FURTHER INFORMATION
CONTACT.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
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accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
3. Environmental justice. EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. To help
address potential environmental justice
issues, the Agency seeks information on
any groups or segments of the
population who, as a result of their
location, cultural practices, or other
factors, may have atypical or
disproportionately high and adverse
human health impacts or environmental
effects from exposure to the pesticides
discussed in this document, compared
to the general population.
II. Authority
EPA is conducting its registration
review of TCVP pursuant to section 3(g)
of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), 7 U.S.C.
136 et seq., and the Procedural
Regulations for Registration Review at
40 CFR part 155, subpart C. Section 3(g)
of FIFRA provides, among other things,
that the registrations of pesticides are to
be reviewed every 15 years. Under
FIFRA, a pesticide product may be
registered or remain registered only if it
meets the statutory standard for
registration given in FIFRA section
3(c)(5) (7 U.S.C. 136a(c)(5)). When used
in accordance with widespread and
commonly recognized practice, the
pesticide product must perform its
intended function without unreasonable
adverse effects on the environment; that
is, without any unreasonable risk to
man or the environment, or a human
dietary risk from residues that result
from the use of a pesticide in or on food.
III. EPA’s Proposal To Rely on
Published TCVP Human Research
During the public meeting of the
Human Studies Review Board (HSRB)
held on January 12–13, 2016, EPA’s
Office of Pesticide Programs provided
an overview and science and ethics
review of the research discussed in the
article ‘‘Assessing Intermittent Pesticide
Exposure From Flea Control Collars
Containing the Organophosphorus
Insecticide Tetrachlorvinphos (TCVP).’’
This research article was authored by M.
Keith Davis, J. Scott Boone, John E.
Moran, John W. Tyler and Janice E.
Chambers and published in 2008 in the
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Journal of Exposure Science and
Environmental Epidemiology (2008) 18,
pages 564–570. EPA presented Davis et
al. research to the HSRB for their
review, along with a request for the
HSRB to respond to questions posed by
EPA.
The Davis et al. research measured
TCVP exposures in children and adults
that could occur from contact with pet
dogs wearing TCVP-containing flea
control collars. The research was based
on two studies conducted by the Center
of Environmental Health Sciences,
College of Veterinary Medicine,
Mississippi State University (MSU).
Although the families involved in the
studies already used flea collars, the
researchers provided specific flea
collars to the participating families and
asked that their dogs wear them during
the studies.
In study 1, conducted in 1998, TCVP
residues were measured by rubbing/
petting dogs’ fur with a gloved hand.
The sampling was conducted by
volunteer technicians from MSU
veterinary school who stroked the
animals in a standardized, prescribed
manner, in a marked 10 x 4 inch area
with clean, white, cotton gloves for a
continuous 5-minute period. The dogs
were rubbed in three specific locations:
Near the base of the tail, at the neck
with the flea collar removed, and at the
neck with the flea collar in place. Study
1 also measured dog plasma
cholinesterase. There were 23 pet dogs
included in this study, one from each of
the 23 participating households.
Under study 2, conducted in 2002,
volunteer technicians from MSU
veterinary school collected TCVP
residues by rubbing/petting dogs’ fur
with a gloved hand, and used the same
methods as those employed by study 1.
The collection of the glove residue data
did not involve children in either study
1 or study 2. However, study 2 also
quantified TCVP residues on tee shirts
worn by children and included
biomonitoring of the TCVP metabolite
2,4,5-trichloromandelic acid (TCMA) in
urine of participating children and
adults. Study 2 included 1 child and 1
adult from each of the 22 participating
families and 22 pet dogs.
EPA proposes to use only the glove
residue data from the Davis et al.
research in its risk assessment of TCVP
because it is chemical-specific and
results in the highest computed risks
when compared to the other data in
Davis et al. and all the approaches
considered in the assessment; as a
result, it supports the most protective
risk characterization. The research
complied with the ethical standards in
place at the time the studies were
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conducted and meets the substantive
acceptance standards. As described in
the Davis et al. research, the data were
derived in a manner that makes the
research scientifically valid and are
appropriate for use in EPA’s risk
assessment.
In the Federal Register of January 20,
2016 (81 FR 3128, FRL–9940–81), EPA
sought public comment on EPA’s draft
human health and ecological risk
assessment for the registration review of
TCVP. The public can view the draft
human health risk assessment and
supporting documents, as well as
comments received, in the docket
established for the reregistration review
of TCVP (see docket ID number EPA–
HQ–OPP–2008–0316). EPA has
determined that relying on the glove
residue data from the Davis et al.
research is crucial to a decision to
potentially impose a more stringent
regulatory restriction that would
improve public health protection than
could be justified without relying on the
data. EPA currently does not have other
pet collar glove residue data which are
chemical-specific or that would lead to
the same potential regulatory action to
improve public health protection. For
this reason, the glove residue data are
crucial to EPA’s decision.
IV. Reason for Review by the HSRB
EPA chose, in this case, to obtain the
views of the HSRB concerning EPA’s
proposal to rely on the TCVP glove
residue data from studies 1 and 2 for the
following reasons. First, the proposal
submitted to EPA’s Science to Achieve
Results (STAR) grants program for
funding of the research discussed
correlating the residues from the
rubbing procedure with the gloves, the
residues from the tee shirts worn by
children participating in the studies,
and the urinary metabolites of the
children and adults in the participating
households and described these
activities under the umbrella of one
research project. Moreover, although
EPA is relying only on the TCVP glove
residue data from both studies, study 2
further involved children wearing tee
shirts and providing urine samples, and,
at least for that portion of the study, is
considered research involving
intentional exposure to human subjects.
Therefore, even though EPA does not
wish to rely on the data involving
children (namely the tee shirt and
urinary data), EPA chose in this case to
assume that the prohibition in 40 CFR
26.1703 and the process in 40 CFR
26.1706 apply, including submission of
the research to the HSRB for review.
40 CFR 26.1703 prohibits EPA
reliance on data from any research
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involving intentional exposure of any
human subject who is a pregnant
woman (and therefore her fetus),
nursing woman, or child, except as
provided in 40 CFR 26.1706. 40 CFR
26.1706 explains that EPA may rely on
data that are unacceptable under the
standards in 40 CFR 26.1703 through
26.1705 only if EPA has: (a) Obtained
the views of the HSRB; (b) provided an
opportunity for public comment on the
proposal to rely on the otherwise
unacceptable data; (c) determined that
relying on the data is crucial to a
decision that would impose a more
stringent regulatory restriction to protect
public health than could be justified
without the data; and (d) published a
full explanation of the decision to rely
on the data, including a thorough
discussion of the ethical deficiencies of
the underlying research and the full
rationale for finding that the standard in
item (c) was met.
EPA sought and obtained the views of
the HSRB during the public meeting of
the HSRB on January 12–13, 2016. The
HSRB documents their views in meeting
minutes and a final report before EPA
publishes the explanation required by
40 CFR 26.1706(d). Pursuant to 40 CFR
26.1706(b), EPA is hereby providing an
opportunity for public comment on
EPA’s proposal to rely on the TCVP
glove residue data from the Davis et al.
research. EPA proposes to rely on
chemical-specific data from human
research to potentially impose a more
stringent regulatory restriction that
would improve public health protection
than could be justified without relying
on the data.
V. Background on Ethical Conduct of
Research
The research was funded by EPA’s
STAR grants. EPA’s Office of Research
and Development (ORD) reviewed the
grant proposal, which involved human
research and funding from EPA. EPA’s
ethics review of the Davis et al. research
presented at the January HSRB meeting
relies in part on EPA’s ORD file because
it contains draft consent forms used
during study 2 and recruitment
information. At the January 2016 HSRB
meeting, EPA discussed the role of the
veterinary students, the societal value of
the Davis et al. research, and ethical
considerations regarding recruitment of
study participants, the independent
ethics review, informed consent, respect
for subjects and compensation for
participation in the study.
EPA reviewed with the HSRB the role
of the veterinary students in rubbing the
dogs. The technicians who rubbed the
dogs in study 1 and study 2 were
students enrolled at MSU’s College of
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Veterinary Medicine. Both the
researchers and the Institutional Review
Board (IRB) viewed the veterinary
students as technicians in the study, not
as human subjects. The abstract for the
research submitted to EPA for funding
is included in the ORD file and states,
on page 14, that ‘‘the samplers will be
trained so that consistency in the
sample collection is maintained among
dogs and among samplers.’’ As
discussed in the research article, the
technicians wore gloves and stroked the
animals in a standardized, prescribed
manner: ‘‘in a marked 10 x 4 inch area
with clean, white, cotton gloves for a
continuous 5-min period.’’ The dogs
were rubbed in specific locations (near
the base of the tail, at the neck with
collar removed, and at the neck with the
collar in place). Under 40 CFR
26.1102(e), the term ‘‘human subject’’ is
defined, in part, as ‘‘a living individual
about whom an investigator . . .
conducting research obtains . . .
data through intervention or
interaction. . . .’’ The Primary
Investigator for the research confirmed
that she did not obtain data about the
technicians, nor did she intend to do so.
The pattern of rubbing does not
resemble the typical human-pet
interaction or provide information about
how a person would normally interact
with a pet. EPA noted during the HSRB
meeting that the researchers were not
collecting data about the technicians in
this study and concluded that there is
no indication from the research article,
the ORD file or EPA’s interview with the
Primary Investigator that the study
collected data about the veterinary
students who worked as technicians in
the study. Instead, the researchers
collected data only about the residues
on the glove as an indication of how
much residue was available for transfer
from the pet.
With regard to the societal value of
the Davis et al. research, the objective
was to assess the amount of exposure to
TCVP that could occur in children and
adults from the use of a TCVPcontaining collar on a pet dog.
Regarding recruitment, the research
article states that ‘‘the studies were
conducted in Oktibbeha County,
Mississippi (USA), with volunteer
households having pet dogs’’ and that
‘‘participating families were volunteers
who routinely used flea control
products on their pet dogs.’’ ‘‘One child
and one adult were selected from each
participating family’’ for study 2, which
included 44 subjects. EPA’s file on the
STAR grant, page 13, states that: ‘‘Dogs
selected for this study will be owned by
professional (DVM) or graduate students
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enrolled in the College of Veterinary
Medicine, or staff/faculty members of
Mississippi State University with a
child aged 4–10 years in the household
who routinely plays with this dog.’’ It
goes on to state that ‘‘students or staff
should be the most reliable group of
owners (in contrast to the general
public) in that they are accessible daily,
their dogs can readily be treated and
sampled when the students are in class
or the staff members are at work, and as
members of the academic community,
the compliance and appreciation of the
value of research should be high.’’
EPA’s file further states that ‘‘dogs
participating in this study must be
enrolled in the Small Animal
Community Practice Health
Maintenance Program, so that their
health status and vaccination history are
known.’’
Regarding the independent ethics
review, the IRB for Research on Human
Subjects at MSU reviewed and approved
the sampling protocols and consent
forms, and the EPA’s ORD, the National
Center for Environmental Research and
Quality Assurance (NCERQA) reviewed
the STAR grant proposal focusing on
this research. ORD supported the
research dependent on the
incorporation of NCERQA comments on
the consent forms. The protocol was
distributed to each participating
household, informed consent was
obtained from the adults, and children
were informed verbally of the
procedures and oral or written assent
was obtained from them. The IRB for
Research on Human Subjects at MSU
approved all sampling protocols and
informed consent forms. The ORD file
contains a draft consent form for adults
and a Minor’s Assent Form. The consent
form states that the study involves
research and identifies its purpose,
expected duration, number of urine and
tee shirt samples to be provided, states
that research results will be coded,
participants are free to withdraw,
provides a contact for information, and
specifies compensation of $150 for each
participating household. The consent
form, entitled ‘‘Authorization for
Participation in Research Project,’’ also
states that ‘‘no risks are anticipated to
the participants.’’ The implication is
that since families already used flea
collars on their dogs, there was no
added risk from participating in the
study. In the abstract that the
researchers submitted to ORD, however,
page 4 states that ‘‘the residues of
insecticides available for intermittent
transfer to children from the fur of dogs
treated by either a spot treatment or a
collar for flea control will be
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appreciable and of a magnitude
necessitating inclusion in cumulative
risk assessments of pesticides to
children; secondly, that the fur rubbing
procedure developed to quantify
dislodgeable residues provides a useful
estimate of insecticide residues which
could be transferred from the fur of dogs
to children.’’
Although the families involved
already used flea collars registered by
EPA, in the interest of transparency, it
would have been preferable for the
researchers to have shared their
hypothesis with the parents of the
participating children and included it in
the consent form. It is unknown
whether the information was stated in
the protocol provided to the families.
The Minor’s Assent Form states that the
researchers ‘‘will specifically obtain
assent from the children recruited to our
project . . . We will explain that the
child’s parent or guardian has given us
permission to request his/her help
participation (sic) in the research
project. We will then explain the urine
collection protocol and the tee shirt
protocol to the children in language
appropriate to the age of the child and
obtain his/her assent to participate. We
will not explain the connection to the
pesticide residues on the dog so as not
to alter the behavior of the child with
the dog. We will obtain the children’s
assent orally because of the age range of
the children involved.’’
The researchers demonstrated respect
for subjects participating in the study in
several ways. The researchers: Did not
reveal subjects’ identities; obtained
informed consent from participating
subjects; provided light weight shortsleeve tee shirts to children for use
during the study; gave written assurance
that urine samples would only be used
to quantify insecticide urinary
metabolites; and provided
compensation for participation in the
study. Compensation included $100
equivalent of veterinary care provided
by the Animal Health Center of MSU
College of Veterinary Medicine and
$150 to participating households in
Study 2.
VI. Summary of Discussion on EthicsRelated Questions
As documented on page 27 of the
minutes of the January 2016 HSRB
meeting, in response to EPA’s science
charge question, the HSRB stated that,
‘‘The research is scientifically sound
and, if used appropriately, the pet fur
transferable residue data from the
rubbing protocol can provide useful
information for evaluating potential
exposures of adults and children from
contact with dogs treated with
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tetrachlorvinphos containing pet
collars.’’ The HSRB noted that, ‘‘the
limitations of the data would be
discussed in the Board’s report.’’ The
minutes of the January 12–13, 2016
public HSRB meeting are available on
the HSRB Web site at https://
www.epa.gov/osa/january-12-13-2016meeting-human-studies-review-board.
The EPA also asked the HSRB if they
had any comments on the determination
that the samplers (who petted/rubbed
the dogs) were not human subjects.
During the public meeting, as
documented on pages 27–28 of the
minutes, ‘‘Questions were raised by
several committee members about the
PI’s ([primary investigator’s) and the
IRB’s (Institutional Review Board’s)
determinations that the samplers were
not human subjects in the study; rather
they were viewed as study staff. Some
members of the board asserted that the
students/technicians, by virtue of being
potentially exposed to the pesticide as
part of the conduct of the study, should
have been considered human subjects.
Furthermore, if they had been treated as
subjects, they might have been
considered ‘vulnerable’ due to their
status as students.’’ The HSRB noted
that the flea control collars were
‘‘commercially available at the time, and
that the potential exposure to the
pesticide residues through petting the
dogs for 5 minute periods wearing
cotton gloves was likely much less than
average exposure of a pet owner. There
is no information available about
whether there was any ‘bleed through’
of pesticide from the cotton gloves to
the skin of the samplers and therefore
the actual exposure is unknown.
Considering all of these factors, the
committee felt that the risks of exposure
were not greater than those experienced
in everyday life. Thus, even if the
determination regarding the status of the
samplers as study staff rather than
subjects was mistaken, the committee
did not believe this resulted in any
material harms and so this question
should not prevent the EPA from using
the pet fur transferable residue data
derived from the study for making a
decision to impose a more stringent
regulatory restriction than could be
justified without the data.’’
EPA asked the HSRB if they had any
comments on the ethical conduct of the
research. As noted on page 28 of the
meeting minutes, ‘‘Committee members
observed that the records from
correspondence with EPA staff
regarding the study suggest the consent
form was amended to include disclosure
to parents about the risks of pesticide
exposure, although the final approved
consent form was not available. A
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question was raised about the decision
made to provide incomplete assent to
the minor subjects following parental
permission. Study documents suggest
this was an intentional choice (‘We will
not explain the connection to the
pesticide residues on the dog . . .’),
which was made, according to study
documents, in order to avoid
confounding the results by causing
alterations in the children’s behavior
around their dogs. Board members
noted that the amount and type of
information provided to children in an
assent process will vary depending on
the age of the child; the children
enrolled in the study were between the
ages of 3 and 11 years old and therefore
would have had varying levels of
capacity to process the information
about the study. It was noted that
FIFRA, which existed at the time of
these studies, states that it’s unlawful to
use any pesticide in tests on humans
unless they are fully informed of the
nature and purposes of the test.
Although some board members viewed
the assent as incomplete in this case,
because parents are presumed to have
given fully-informed permission,’’ and
given that the flea control collars were
‘‘commercially available at the time and
already in use in the households
recruited to the study, the committee
felt that the risks of exposure were not
greater than those experienced in
everyday life. Thus, the committee did
not believe this resulted in any material
harms and so this question should not
prevent the EPA from using the pet fur
transferable residue data derived from
the study for making a decision to
impose a more stringent regulatory
restriction than could be justified
without the data.’’
VII. Standards Applicable to Ethical
Conduct and Reliance on Data
With regard to the standards
applicable to the conduct of the
research, study 1 was conducted in 1998
and study 2 was conducted in 2002,
both before EPA’s Rule for Protection of
Human Subjects (40 CFR part 26,
subparts B through Q) became effective
in 2006. Thus, 40 CFR part 26, subparts
B through Q, did not apply when this
research was conducted. However,
EPA’s codification of the Common Rule
at 40 CFR part 26 subpart A was in
place and applies to the underlying
research that received EPA’s STAR grant
funding. Key elements of the Common
Rule include IRB oversight and prior
approval, an acceptable informed
consent process, risk minimization, a
favorable risk-benefit balance, equitable
subject selection, and fully informed
and voluntary participation by subjects.
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In addition, FIFRA section 12(a)(2)(P),
which states that it is unlawful to use
any pesticide in tests on humans unless
they are fully informed of the nature
and purposes of the tests, as well as of
any reasonably foreseeable physical and
mental health consequences, and that
participants freely volunteer, existed at
the time of these studies. The Davis et
al. research complied with the standards
in place at the time the research was
conducted.
The substantive acceptance standards
which apply to the research include: 40
CFR 26.1703, which, except as provided
in 40 CFR 26.1706, prohibits relying on
data involving intentional exposure of
pregnant or nursing women or of
children; 40 CFR 26.1704, which, except
as provided in 40 CFR 26.1706,
prohibits reliance on data if research
was fundamentally unethical or
deficient relative to prevailing standards
at the time; and FIFRA section
12(a)(2)(P), which makes it unlawful to
use a pesticide in human tests without
fully informed, fully voluntary consent.
40 CFR 26.1706 states that EPA may rely
on data that are unacceptable under the
standards in 40 CFR 26.1703 through
26.1705 only if EPA has: (a) Obtained
the views of the HSRB, (b) provided the
opportunity for public comment on the
proposal to rely on the otherwise
unacceptable data, (c) determined that
relying on the data is crucial to a
decision that would impose a more
stringent regulatory restriction to protect
public health than could be justified
without the data, and (d) published a
full explanation of the decision to rely
on the data, including a thorough
discussion of the ethical deficiencies of
the underlying research and the full
rationale for finding that the standard in
item (c) was met. Regarding 40 CFR
26.1703, study 2 involved tee shirt and
urine samples that came from children.
As explained previously, even though
EPA only intends to rely on the glove
residue data from study 1 and study 2,
which did not involve children, EPA
chose in this case, out of an abundance
of caution, to proceed under 40 CFR
part 26, subpart Q.
Regarding 40 CFR 26.1704, clear and
convincing evidence that the pre-rule
research was fundamentally unethical
or deficient relative to prevailing ethics
standards does not exist, and the
research complied with FIFRA section
12(a)(2)(P). In satisfaction of 40 CFR
26.1706(a), EPA sought and obtained the
views of the HSRB during the public
HSRB meeting on January 12–13, 2016.
The HSRB documents their views in
meeting minutes and a final report
before EPA publishes the explanation
required by 40 CFR 26.1706(d).
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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices
Pursuant to 40 CFR 26.1706(b), EPA is
providing an opportunity for public
comment on EPA’s proposed decision to
rely on the glove residue data.
Regarding 40 CFR 26.1706(c), EPA has
determined that relying on the glove
residue data from the Davis et al.
research is crucial to a decision to
potentially impose a more stringent
regulatory restriction that would
improve public health protection than
could be justified without relying on the
data, as explained in EPA’s draft human
health and ecological risk assessment
for the registration review of TCVP.
[EPA–HQ–OPP–2015–0762; FRL–9943–48]
Registration Review; Conventional,
Biopesticide and Antimicrobial
Dockets Opened for Review and
Comment
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Dated: March 28, 2016.
Jack E. Housenger,
Director, Office of Pesticide Programs, Office
of Chemical Safety and Pollution Prevention.
With this document, EPA is
opening the public comment period for
several registration reviews. Registration
review is EPA’s periodic review of
pesticide registrations to ensure that
each pesticide continues to satisfy the
statutory standard for registration, that
is, the pesticide can perform its
intended function without unreasonable
adverse effects on human health or the
environment. Registration review
dockets contain information that will
assist the public in understanding the
types of information and issues that the
Agency may consider during the course
of registration reviews. Through this
program, EPA is ensuring that each
pesticide’s registration is based on
current scientific and other knowledge,
including its effects on human health
and the environment.
DATES: Comments must be received on
or before June 10, 2016.
ADDRESSES: Submit your comments
identified by the docket identification
(ID) number for the specific pesticide of
interest provided in the table in Unit III.
A., 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
Confidential Business Information (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.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
[FR Doc. 2016–08281 Filed 4–8–16; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
VIII. Availability of HSRB Meeting
Materials
In accordance with the requirements
of the Federal Advisory Committee Act
(FACA), 5 U.S.C. Appendix 2, the
minutes of the HSRB public meeting
held on January 12–13, 2016, including
a description of the matters discussed
and conclusions reached by the Board,
must be certified by the HSRB meeting
Chair and made public within 90 days
of the meeting. The HSRB meeting Chair
in fact certified those meeting minutes
on February 24, 2016. The HSRB also
will prepare a final report in response
to questions posed by the EPA, which
will include the Board’s review and
analysis of materials presented. The
approved minutes, final report and
other materials from the January 12–13,
2016 HSRB meeting are or will be
available in docket ID number EPA–
HQ–ORD–2015–0588 and on the HSRB
Web site at https://www.epa.gov/osa/
human-studies-review-board.
IX. Other Related Information on TCVP
The public can view EPA’s draft
human health and ecological risk
assessment and supporting documents
for the registration review of TCVP in
the docket at https://www.regulations.gov
(see docket ID number EPA–HQ–OPP–
2008–0316). Information on the
Agency’s registration review program
and its implementing regulation is
available at https://www.epa.gov/
pesticide-reevaluation/registrationreview-process.
Authority: 7 U.S.C. 136 et seq.
mstockstill on DSK4VPTVN1PROD with NOTICES
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
VerDate Sep<11>2014
18:37 Apr 08, 2016
Jkt 238001
SUMMARY:
For
pesticide specific information contact:
The person identified as a contact in the
table in Unit III.A. Also include the
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
21339
docket ID number listed in the table in
Unit III.A. for the pesticide of interest.
For general information contact:
Richard Dumas, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8015; fax number:
(703) 308–8090; email address:
dumas.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general, and may be of interest to a
wide range of stakeholders including
environmental, human health,
farmworker, and agricultural advocates;
the chemical industry; pesticide users;
and members of the public interested in
the sale, distribution, or use of
pesticides. Since others also may be
interested, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
3. Environmental justice. EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. To help
address potential environmental justice
issues, the Agency seeks information on
any groups or segments of the
population who, as a result of their
E:\FR\FM\11APN1.SGM
11APN1
Agencies
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21335-21339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08281]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0316; FRL-9944-37]
Tetrachlorvinphos (TCVP); EPA Proposal To Rely on Data From Human
Research on TCVP Exposure From Flea Control Collars
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with EPA's rule for protection of human
subjects, EPA is providing an opportunity for public comment on EPA's
proposal to rely on data from human research on tetrachlorvinphos
(TCVP) exposure from flea control collars.
DATES: Comments must be received on or before May 11, 2016.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0316, 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 Confidential Business
Information (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.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For information on EPA's Rule for
Protection of Human Subjects contact: Maureen Lydon, Human Research
Ethics Review Officer, Office of Pesticide Programs (7501P),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 347-0440; email
address: lydon.maureen@epa.gov.
For information on the EPA risk assessment contact: James Parker,
Chemical Review Manager, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 306-0469; email address: parker.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult a contact listed under FOR FURTHER INFORMATION CONTACT.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.
II. Authority
EPA is conducting its registration review of TCVP pursuant to
section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. 136 et seq., and the Procedural Regulations for
Registration Review at 40 CFR part 155, subpart C. Section 3(g) of
FIFRA provides, among other things, that the registrations of
pesticides are to be reviewed every 15 years. Under FIFRA, a pesticide
product may be registered or remain registered only if it meets the
statutory standard for registration given in FIFRA section 3(c)(5) (7
U.S.C. 136a(c)(5)). When used in accordance with widespread and
commonly recognized practice, the pesticide product must perform its
intended function without unreasonable adverse effects on the
environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.
III. EPA's Proposal To Rely on Published TCVP Human Research
During the public meeting of the Human Studies Review Board (HSRB)
held on January 12-13, 2016, EPA's Office of Pesticide Programs
provided an overview and science and ethics review of the research
discussed in the article ``Assessing Intermittent Pesticide Exposure
From Flea Control Collars Containing the Organophosphorus Insecticide
Tetrachlorvinphos (TCVP).'' This research article was authored by M.
Keith Davis, J. Scott Boone, John E. Moran, John W. Tyler and Janice E.
Chambers and published in 2008 in the
[[Page 21336]]
Journal of Exposure Science and Environmental Epidemiology (2008) 18,
pages 564-570. EPA presented Davis et al. research to the HSRB for
their review, along with a request for the HSRB to respond to questions
posed by EPA.
The Davis et al. research measured TCVP exposures in children and
adults that could occur from contact with pet dogs wearing TCVP-
containing flea control collars. The research was based on two studies
conducted by the Center of Environmental Health Sciences, College of
Veterinary Medicine, Mississippi State University (MSU). Although the
families involved in the studies already used flea collars, the
researchers provided specific flea collars to the participating
families and asked that their dogs wear them during the studies.
In study 1, conducted in 1998, TCVP residues were measured by
rubbing/petting dogs' fur with a gloved hand. The sampling was
conducted by volunteer technicians from MSU veterinary school who
stroked the animals in a standardized, prescribed manner, in a marked
10 x 4 inch area with clean, white, cotton gloves for a continuous 5-
minute period. The dogs were rubbed in three specific locations: Near
the base of the tail, at the neck with the flea collar removed, and at
the neck with the flea collar in place. Study 1 also measured dog
plasma cholinesterase. There were 23 pet dogs included in this study,
one from each of the 23 participating households.
Under study 2, conducted in 2002, volunteer technicians from MSU
veterinary school collected TCVP residues by rubbing/petting dogs' fur
with a gloved hand, and used the same methods as those employed by
study 1. The collection of the glove residue data did not involve
children in either study 1 or study 2. However, study 2 also quantified
TCVP residues on tee shirts worn by children and included biomonitoring
of the TCVP metabolite 2,4,5-trichloromandelic acid (TCMA) in urine of
participating children and adults. Study 2 included 1 child and 1 adult
from each of the 22 participating families and 22 pet dogs.
EPA proposes to use only the glove residue data from the Davis et
al. research in its risk assessment of TCVP because it is chemical-
specific and results in the highest computed risks when compared to the
other data in Davis et al. and all the approaches considered in the
assessment; as a result, it supports the most protective risk
characterization. The research complied with the ethical standards in
place at the time the studies were conducted and meets the substantive
acceptance standards. As described in the Davis et al. research, the
data were derived in a manner that makes the research scientifically
valid and are appropriate for use in EPA's risk assessment.
In the Federal Register of January 20, 2016 (81 FR 3128, FRL-9940-
81), EPA sought public comment on EPA's draft human health and
ecological risk assessment for the registration review of TCVP. The
public can view the draft human health risk assessment and supporting
documents, as well as comments received, in the docket established for
the reregistration review of TCVP (see docket ID number EPA-HQ-OPP-
2008-0316). EPA has determined that relying on the glove residue data
from the Davis et al. research is crucial to a decision to potentially
impose a more stringent regulatory restriction that would improve
public health protection than could be justified without relying on the
data. EPA currently does not have other pet collar glove residue data
which are chemical-specific or that would lead to the same potential
regulatory action to improve public health protection. For this reason,
the glove residue data are crucial to EPA's decision.
IV. Reason for Review by the HSRB
EPA chose, in this case, to obtain the views of the HSRB concerning
EPA's proposal to rely on the TCVP glove residue data from studies 1
and 2 for the following reasons. First, the proposal submitted to EPA's
Science to Achieve Results (STAR) grants program for funding of the
research discussed correlating the residues from the rubbing procedure
with the gloves, the residues from the tee shirts worn by children
participating in the studies, and the urinary metabolites of the
children and adults in the participating households and described these
activities under the umbrella of one research project. Moreover,
although EPA is relying only on the TCVP glove residue data from both
studies, study 2 further involved children wearing tee shirts and
providing urine samples, and, at least for that portion of the study,
is considered research involving intentional exposure to human
subjects. Therefore, even though EPA does not wish to rely on the data
involving children (namely the tee shirt and urinary data), EPA chose
in this case to assume that the prohibition in 40 CFR 26.1703 and the
process in 40 CFR 26.1706 apply, including submission of the research
to the HSRB for review.
40 CFR 26.1703 prohibits EPA reliance on data from any research
involving intentional exposure of any human subject who is a pregnant
woman (and therefore her fetus), nursing woman, or child, except as
provided in 40 CFR 26.1706. 40 CFR 26.1706 explains that EPA may rely
on data that are unacceptable under the standards in 40 CFR 26.1703
through 26.1705 only if EPA has: (a) Obtained the views of the HSRB;
(b) provided an opportunity for public comment on the proposal to rely
on the otherwise unacceptable data; (c) determined that relying on the
data is crucial to a decision that would impose a more stringent
regulatory restriction to protect public health than could be justified
without the data; and (d) published a full explanation of the decision
to rely on the data, including a thorough discussion of the ethical
deficiencies of the underlying research and the full rationale for
finding that the standard in item (c) was met.
EPA sought and obtained the views of the HSRB during the public
meeting of the HSRB on January 12-13, 2016. The HSRB documents their
views in meeting minutes and a final report before EPA publishes the
explanation required by 40 CFR 26.1706(d). Pursuant to 40 CFR
26.1706(b), EPA is hereby providing an opportunity for public comment
on EPA's proposal to rely on the TCVP glove residue data from the Davis
et al. research. EPA proposes to rely on chemical-specific data from
human research to potentially impose a more stringent regulatory
restriction that would improve public health protection than could be
justified without relying on the data.
V. Background on Ethical Conduct of Research
The research was funded by EPA's STAR grants. EPA's Office of
Research and Development (ORD) reviewed the grant proposal, which
involved human research and funding from EPA. EPA's ethics review of
the Davis et al. research presented at the January HSRB meeting relies
in part on EPA's ORD file because it contains draft consent forms used
during study 2 and recruitment information. At the January 2016 HSRB
meeting, EPA discussed the role of the veterinary students, the
societal value of the Davis et al. research, and ethical considerations
regarding recruitment of study participants, the independent ethics
review, informed consent, respect for subjects and compensation for
participation in the study.
EPA reviewed with the HSRB the role of the veterinary students in
rubbing the dogs. The technicians who rubbed the dogs in study 1 and
study 2 were students enrolled at MSU's College of
[[Page 21337]]
Veterinary Medicine. Both the researchers and the Institutional Review
Board (IRB) viewed the veterinary students as technicians in the study,
not as human subjects. The abstract for the research submitted to EPA
for funding is included in the ORD file and states, on page 14, that
``the samplers will be trained so that consistency in the sample
collection is maintained among dogs and among samplers.'' As discussed
in the research article, the technicians wore gloves and stroked the
animals in a standardized, prescribed manner: ``in a marked 10 x 4 inch
area with clean, white, cotton gloves for a continuous 5-min period.''
The dogs were rubbed in specific locations (near the base of the tail,
at the neck with collar removed, and at the neck with the collar in
place). Under 40 CFR 26.1102(e), the term ``human subject'' is defined,
in part, as ``a living individual about whom an investigator . . .
conducting research obtains . . . data through intervention or
interaction. . . .'' The Primary Investigator for the research
confirmed that she did not obtain data about the technicians, nor did
she intend to do so. The pattern of rubbing does not resemble the
typical human-pet interaction or provide information about how a person
would normally interact with a pet. EPA noted during the HSRB meeting
that the researchers were not collecting data about the technicians in
this study and concluded that there is no indication from the research
article, the ORD file or EPA's interview with the Primary Investigator
that the study collected data about the veterinary students who worked
as technicians in the study. Instead, the researchers collected data
only about the residues on the glove as an indication of how much
residue was available for transfer from the pet.
With regard to the societal value of the Davis et al. research, the
objective was to assess the amount of exposure to TCVP that could occur
in children and adults from the use of a TCVP-containing collar on a
pet dog. Regarding recruitment, the research article states that ``the
studies were conducted in Oktibbeha County, Mississippi (USA), with
volunteer households having pet dogs'' and that ``participating
families were volunteers who routinely used flea control products on
their pet dogs.'' ``One child and one adult were selected from each
participating family'' for study 2, which included 44 subjects. EPA's
file on the STAR grant, page 13, states that: ``Dogs selected for this
study will be owned by professional (DVM) or graduate students enrolled
in the College of Veterinary Medicine, or staff/faculty members of
Mississippi State University with a child aged 4-10 years in the
household who routinely plays with this dog.'' It goes on to state that
``students or staff should be the most reliable group of owners (in
contrast to the general public) in that they are accessible daily,
their dogs can readily be treated and sampled when the students are in
class or the staff members are at work, and as members of the academic
community, the compliance and appreciation of the value of research
should be high.'' EPA's file further states that ``dogs participating
in this study must be enrolled in the Small Animal Community Practice
Health Maintenance Program, so that their health status and vaccination
history are known.''
Regarding the independent ethics review, the IRB for Research on
Human Subjects at MSU reviewed and approved the sampling protocols and
consent forms, and the EPA's ORD, the National Center for Environmental
Research and Quality Assurance (NCERQA) reviewed the STAR grant
proposal focusing on this research. ORD supported the research
dependent on the incorporation of NCERQA comments on the consent forms.
The protocol was distributed to each participating household, informed
consent was obtained from the adults, and children were informed
verbally of the procedures and oral or written assent was obtained from
them. The IRB for Research on Human Subjects at MSU approved all
sampling protocols and informed consent forms. The ORD file contains a
draft consent form for adults and a Minor's Assent Form. The consent
form states that the study involves research and identifies its
purpose, expected duration, number of urine and tee shirt samples to be
provided, states that research results will be coded, participants are
free to withdraw, provides a contact for information, and specifies
compensation of $150 for each participating household. The consent
form, entitled ``Authorization for Participation in Research Project,''
also states that ``no risks are anticipated to the participants.'' The
implication is that since families already used flea collars on their
dogs, there was no added risk from participating in the study. In the
abstract that the researchers submitted to ORD, however, page 4 states
that ``the residues of insecticides available for intermittent transfer
to children from the fur of dogs treated by either a spot treatment or
a collar for flea control will be appreciable and of a magnitude
necessitating inclusion in cumulative risk assessments of pesticides to
children; secondly, that the fur rubbing procedure developed to
quantify dislodgeable residues provides a useful estimate of
insecticide residues which could be transferred from the fur of dogs to
children.''
Although the families involved already used flea collars registered
by EPA, in the interest of transparency, it would have been preferable
for the researchers to have shared their hypothesis with the parents of
the participating children and included it in the consent form. It is
unknown whether the information was stated in the protocol provided to
the families. The Minor's Assent Form states that the researchers
``will specifically obtain assent from the children recruited to our
project . . . We will explain that the child's parent or guardian has
given us permission to request his/her help participation (sic) in the
research project. We will then explain the urine collection protocol
and the tee shirt protocol to the children in language appropriate to
the age of the child and obtain his/her assent to participate. We will
not explain the connection to the pesticide residues on the dog so as
not to alter the behavior of the child with the dog. We will obtain the
children's assent orally because of the age range of the children
involved.''
The researchers demonstrated respect for subjects participating in
the study in several ways. The researchers: Did not reveal subjects'
identities; obtained informed consent from participating subjects;
provided light weight short-sleeve tee shirts to children for use
during the study; gave written assurance that urine samples would only
be used to quantify insecticide urinary metabolites; and provided
compensation for participation in the study. Compensation included $100
equivalent of veterinary care provided by the Animal Health Center of
MSU College of Veterinary Medicine and $150 to participating households
in Study 2.
VI. Summary of Discussion on Ethics-Related Questions
As documented on page 27 of the minutes of the January 2016 HSRB
meeting, in response to EPA's science charge question, the HSRB stated
that, ``The research is scientifically sound and, if used
appropriately, the pet fur transferable residue data from the rubbing
protocol can provide useful information for evaluating potential
exposures of adults and children from contact with dogs treated with
[[Page 21338]]
tetrachlorvinphos containing pet collars.'' The HSRB noted that, ``the
limitations of the data would be discussed in the Board's report.'' The
minutes of the January 12-13, 2016 public HSRB meeting are available on
the HSRB Web site at https://www.epa.gov/osa/january-12-13-2016-meeting-human-studies-review-board.
The EPA also asked the HSRB if they had any comments on the
determination that the samplers (who petted/rubbed the dogs) were not
human subjects. During the public meeting, as documented on pages 27-28
of the minutes, ``Questions were raised by several committee members
about the PI's ([primary investigator's) and the IRB's (Institutional
Review Board's) determinations that the samplers were not human
subjects in the study; rather they were viewed as study staff. Some
members of the board asserted that the students/technicians, by virtue
of being potentially exposed to the pesticide as part of the conduct of
the study, should have been considered human subjects. Furthermore, if
they had been treated as subjects, they might have been considered
`vulnerable' due to their status as students.'' The HSRB noted that the
flea control collars were ``commercially available at the time, and
that the potential exposure to the pesticide residues through petting
the dogs for 5 minute periods wearing cotton gloves was likely much
less than average exposure of a pet owner. There is no information
available about whether there was any `bleed through' of pesticide from
the cotton gloves to the skin of the samplers and therefore the actual
exposure is unknown. Considering all of these factors, the committee
felt that the risks of exposure were not greater than those experienced
in everyday life. Thus, even if the determination regarding the status
of the samplers as study staff rather than subjects was mistaken, the
committee did not believe this resulted in any material harms and so
this question should not prevent the EPA from using the pet fur
transferable residue data derived from the study for making a decision
to impose a more stringent regulatory restriction than could be
justified without the data.''
EPA asked the HSRB if they had any comments on the ethical conduct
of the research. As noted on page 28 of the meeting minutes,
``Committee members observed that the records from correspondence with
EPA staff regarding the study suggest the consent form was amended to
include disclosure to parents about the risks of pesticide exposure,
although the final approved consent form was not available. A question
was raised about the decision made to provide incomplete assent to the
minor subjects following parental permission. Study documents suggest
this was an intentional choice (`We will not explain the connection to
the pesticide residues on the dog . . .'), which was made, according to
study documents, in order to avoid confounding the results by causing
alterations in the children's behavior around their dogs. Board members
noted that the amount and type of information provided to children in
an assent process will vary depending on the age of the child; the
children enrolled in the study were between the ages of 3 and 11 years
old and therefore would have had varying levels of capacity to process
the information about the study. It was noted that FIFRA, which existed
at the time of these studies, states that it's unlawful to use any
pesticide in tests on humans unless they are fully informed of the
nature and purposes of the test. Although some board members viewed the
assent as incomplete in this case, because parents are presumed to have
given fully-informed permission,'' and given that the flea control
collars were ``commercially available at the time and already in use in
the households recruited to the study, the committee felt that the
risks of exposure were not greater than those experienced in everyday
life. Thus, the committee did not believe this resulted in any material
harms and so this question should not prevent the EPA from using the
pet fur transferable residue data derived from the study for making a
decision to impose a more stringent regulatory restriction than could
be justified without the data.''
VII. Standards Applicable to Ethical Conduct and Reliance on Data
With regard to the standards applicable to the conduct of the
research, study 1 was conducted in 1998 and study 2 was conducted in
2002, both before EPA's Rule for Protection of Human Subjects (40 CFR
part 26, subparts B through Q) became effective in 2006. Thus, 40 CFR
part 26, subparts B through Q, did not apply when this research was
conducted. However, EPA's codification of the Common Rule at 40 CFR
part 26 subpart A was in place and applies to the underlying research
that received EPA's STAR grant funding. Key elements of the Common Rule
include IRB oversight and prior approval, an acceptable informed
consent process, risk minimization, a favorable risk-benefit balance,
equitable subject selection, and fully informed and voluntary
participation by subjects. In addition, FIFRA section 12(a)(2)(P),
which states that it is unlawful to use any pesticide in tests on
humans unless they are fully informed of the nature and purposes of the
tests, as well as of any reasonably foreseeable physical and mental
health consequences, and that participants freely volunteer, existed at
the time of these studies. The Davis et al. research complied with the
standards in place at the time the research was conducted.
The substantive acceptance standards which apply to the research
include: 40 CFR 26.1703, which, except as provided in 40 CFR 26.1706,
prohibits relying on data involving intentional exposure of pregnant or
nursing women or of children; 40 CFR 26.1704, which, except as provided
in 40 CFR 26.1706, prohibits reliance on data if research was
fundamentally unethical or deficient relative to prevailing standards
at the time; and FIFRA section 12(a)(2)(P), which makes it unlawful to
use a pesticide in human tests without fully informed, fully voluntary
consent. 40 CFR 26.1706 states that EPA may rely on data that are
unacceptable under the standards in 40 CFR 26.1703 through 26.1705 only
if EPA has: (a) Obtained the views of the HSRB, (b) provided the
opportunity for public comment on the proposal to rely on the otherwise
unacceptable data, (c) determined that relying on the data is crucial
to a decision that would impose a more stringent regulatory restriction
to protect public health than could be justified without the data, and
(d) published a full explanation of the decision to rely on the data,
including a thorough discussion of the ethical deficiencies of the
underlying research and the full rationale for finding that the
standard in item (c) was met. Regarding 40 CFR 26.1703, study 2
involved tee shirt and urine samples that came from children. As
explained previously, even though EPA only intends to rely on the glove
residue data from study 1 and study 2, which did not involve children,
EPA chose in this case, out of an abundance of caution, to proceed
under 40 CFR part 26, subpart Q.
Regarding 40 CFR 26.1704, clear and convincing evidence that the
pre-rule research was fundamentally unethical or deficient relative to
prevailing ethics standards does not exist, and the research complied
with FIFRA section 12(a)(2)(P). In satisfaction of 40 CFR 26.1706(a),
EPA sought and obtained the views of the HSRB during the public HSRB
meeting on January 12-13, 2016. The HSRB documents their views in
meeting minutes and a final report before EPA publishes the explanation
required by 40 CFR 26.1706(d).
[[Page 21339]]
Pursuant to 40 CFR 26.1706(b), EPA is providing an opportunity for
public comment on EPA's proposed decision to rely on the glove residue
data.
Regarding 40 CFR 26.1706(c), EPA has determined that relying on the
glove residue data from the Davis et al. research is crucial to a
decision to potentially impose a more stringent regulatory restriction
that would improve public health protection than could be justified
without relying on the data, as explained in EPA's draft human health
and ecological risk assessment for the registration review of TCVP.
VIII. Availability of HSRB Meeting Materials
In accordance with the requirements of the Federal Advisory
Committee Act (FACA), 5 U.S.C. Appendix 2, the minutes of the HSRB
public meeting held on January 12-13, 2016, including a description of
the matters discussed and conclusions reached by the Board, must be
certified by the HSRB meeting Chair and made public within 90 days of
the meeting. The HSRB meeting Chair in fact certified those meeting
minutes on February 24, 2016. The HSRB also will prepare a final report
in response to questions posed by the EPA, which will include the
Board's review and analysis of materials presented. The approved
minutes, final report and other materials from the January 12-13, 2016
HSRB meeting are or will be available in docket ID number EPA-HQ-ORD-
2015-0588 and on the HSRB Web site at https://www.epa.gov/osa/human-studies-review-board.
IX. Other Related Information on TCVP
The public can view EPA's draft human health and ecological risk
assessment and supporting documents for the registration review of TCVP
in the docket at https://www.regulations.gov (see docket ID number EPA-
HQ-OPP-2008-0316). Information on the Agency's registration review
program and its implementing regulation is available at https://www.epa.gov/pesticide-reevaluation/registration-review-process.
Authority: 7 U.S.C. 136 et seq.
Dated: March 28, 2016.
Jack E. Housenger,
Director, Office of Pesticide Programs, Office of Chemical Safety and
Pollution Prevention.
[FR Doc. 2016-08281 Filed 4-8-16; 8:45 am]
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