Cyclaniliprole; Pesticide Tolerance, 30277-30280 [2024-08022]
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Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Rules and Regulations
(ii) Multifamily net worth
requirements. Irrespective of size, each
applicant for approval and each
approved lender or mortgagee for
participation solely under the FHA
multifamily programs shall have a net
worth of not less than $1 million. For
those multifamily approved lenders or
mortgagees that also engage in mortgage
servicing, an additional net worth of one
percent of the total volume, in excess of
$25 million, of FHA multifamily
mortgages originated, purchased, or
serviced during the prior fiscal year, up
to a maximum required net worth of
$2.5 million. For multifamily approved
lenders or mortgagees that do not
perform mortgage servicing, an
additional net worth of one half of one
percent of the total volume, in excess of
$25 million, of FHA multifamily
mortgages originated during the prior
fiscal year, up to a maximum required
net worth of $2.5 million. No less than
20 percent of the applicant’s or
approved lender’s or mortgagee’s
required net worth must be liquid assets
consisting of cash or its equivalent
acceptable to the Secretary.
(iii) Dual participation net worth
requirements. Irrespective of size, each
applicant for approval and each
approved lender or mortgagee that is a
participant in both FHA single family
and multifamily programs must meet
the net worth requirements as set forth
in paragraph (n)(2)(i) of this section.
*
*
*
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6. In § 202.9:
a. Revise the section heading and
paragraph (a);
■ b. In paragraphs (b) introductory text
and (b)(1) and (2), remove the words
‘‘investing lender or mortgagee’’ and
add, in their place, the words ‘‘investing
lender or investing mortgagee’’; and
■ c. Revise paragraph (b)(3) and add
paragraph (b)(4).
The revisions and addition read as
follows:
■
■
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§ 202.9 Investing lenders and investing
mortgagees.
(a) Definition. An investing lender or
investing mortgagee is an organization
that is not approved as a supervised
lender or mortgagee under § 202.6, a
nonsupervised lender or mortgagee
under § 202.7, or a governmental or
similar institution under § 202.10. An
investing lender or investing mortgagee
may purchase, hold, or sell Title I loans
or Title II mortgages, respectively, but
may not originate Title I loans or Title
II mortgages in its own name or submit
applications for the insurance of
mortgages. An investing lender or
investing mortgagee may not service
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Title I loans or Title II mortgages
without prior approval of the Secretary.
(b) * * *
(3) Fidelity bond. An investing lender
or investing mortgagee shall maintain
fidelity bond coverage and errors and
omissions insurance acceptable to the
Secretary and in an amount required by
the Secretary, or alternative insurance
coverage approved by the Secretary, that
assures the faithful performance of the
responsibilities of the mortgagee.
(4) Audit report. An investing lender
or mortgagee must comply with the
financial reporting requirements in24
CFR part 5, subpart H. Audit reports
shall be based on audits performed by
a certified public accountant, or by an
independent public accountant licensed
by a regulatory authority of a State or
other political subdivision of the United
States on or before December 31, 1970.
Audit reports shall include:
(i) A financial statement in a form
acceptable to the Secretary, including a
balance sheet and a statement of
operations and retained earnings, a
statement of cash flows, an analysis of
the investing lender’s or mortgagee’s net
worth adjusted to reflect only assets
acceptable to the Secretary, and an
analysis of escrow funds; and
(ii) Such other financial information
as the Secretary may require to
determine the accuracy and validity of
the audit report.
■ 7. In § 202.10:
■ a. Revise paragraph (a);
■ b. Remove paragraph (c);
■ c. Redesignate paragraph (b) as
paragraph (c); and
■ d. Add new paragraphs (b) and (d).
The revision and additions read as
follows:
§ 202.10 Governmental institutions,
Government-Sponsored Enterprises, public
housing agencies and State housing
agencies.
(a) Federal, state, and municipal
governmental agencies and Federal
Reserve Banks. A Federal, State, or
municipal government agency or a
Federal Reserve Bank may be an
approved lender or mortgagee. A
mortgagee approved under this
paragraph (a) may submit applications
for Title II mortgage insurance. A lender
or mortgagee approved under this
paragraph (a) may originate, purchase,
service, or sell Title I loans and insured
mortgages, respectively. A mortgagee or
lender approved under this paragraph
(a) is not required to meet a net worth
requirement. A lender or mortgagee
shall maintain fidelity bond coverage
and errors and omissions insurance
acceptable to the Secretary and in an
amount required by the Secretary, or
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30277
alternative insurance coverage approved
by the Secretary, that assures the
faithful performance of the
responsibilities of the mortgagee. There
are no additional requirements beyond
the general approval requirements in
§ 202.5 or as provided under paragraph
(c) of this section.
(b) Government-Sponsored
Enterprises. The Government-Sponsored
Enterprises are the Federal Home Loan
Banks, Federal Home Loan Mortgage
Corporation, and Federal National
Mortgage Association. A GovernmentSponsored Enterprise may be an
approved lender or mortgagee. A lender
or mortgagee approved under this
paragraph (b) may purchase, service, or
sell Title I loans and insured mortgages,
respectively. A mortgagee or lender
approved under this paragraph (b) is not
required to meet a net worth
requirement. There are no additional
requirements beyond the general
approval requirements in § 202.5.
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(d) Audit requirements. The insuring
of loans and mortgages under the Act
constitutes ‘‘Federal financial
assistance’’ (as defined in 2 CFR 200.1)
for purposes of audit requirements set
out in 2 CFR part 200, subpart F. NonFederal entities (as defined in 2 CFR
200.1) that receive insurance as lenders
and mortgagees shall conduct audits in
accordance with 2 CFR part 200, subpart
F.
Julia R. Gordon,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2024–08648 Filed 4–22–24; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2023–0077; FRL–11855–01–
OCSPP]
Cyclaniliprole; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of cyclaniliprole
in or on Vegetable, cucurbit, group 9.
Interregional Research Project Number 4
(IR–4) requested this tolerance under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective April
23, 2024. Objections and requests for
hearings must be received on or before
June 24, 2024, and must be filed in
SUMMARY:
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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–2023–0077, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room and the OPP
Docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. 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 EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/
current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
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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–2023–0077 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 June
24, 2024. Addresses for mail and hand
delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2023–0077, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of February 9,
2024 (89 FR 9103) (FRL–10579–12–
OCSPP), EPA issued a document
pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing
of a pesticide petition (PP 2E9037) by
IR–4, North Carolina State University,
1730 Varsity Drive, Venture IV, Suite
210, Raleigh, NC 27606. The petition
requested to establish a tolerance for
residues of the insecticide
cyclaniliprole, 3-bromo-N-[2-bromo-4chloro-6-[[(1-cyclopropylethyl)amino
carbonyl]phenyl]-1-(3-chloro-2-
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pyridinyl)-1H-pyrazole-5-carboxamide,
including its metabolites and
degradates, in or on the raw agricultural
commodity Vegetable, cucurbit, group 9
at 0.3 parts per million (ppm). Upon the
establishment of the tolerance specified
above, IR–4 requested to remove the
established tolerance for Vegetable,
cucurbit, group 9 at 0.15 ppm. The
document referenced a summary of the
petition, which is available in the
docket at https://www.regulations.gov.
There were no comments received in
response to the notice of filing.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified
therein, EPA has reviewed the available
scientific data and other relevant
information in support of this action.
EPA has sufficient data to assess the
hazards of and to make a determination
on aggregate exposure for cyclaniliprole,
including exposure resulting from the
tolerance established by this action.
EPA’s assessment of exposures and risks
associated with cyclaniliprole follows.
No single or repeated dose study
performed by any route of exposure
produced an adverse effect following
cyclaniliprole exposure at dose levels
below, at, or above the limit dose (1,000
milligrams/kilogram/day (mg/kg/day)).
Although the oral toxicity studies in
dogs were conducted at approximately a
third of the limit dose, no adverse
effects were seen. While adaptive liver
effects were seen in these studies, it is
unlikely that cyclaniliprole would
produce adverse liver effects if tested at
higher doses in dogs as a structurally
related chemical, chlorantraniliprole,
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Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Rules and Regulations
was tested up to the limit dose in dogs
and did not demonstrate adverse liver
effects. There is no evidence that
cyclaniliprole produces increased
susceptibility with prenatal or postnatal
exposures. Cyclaniliprole is considered
not likely to be carcinogenic based on
no increase in treatment-related tumor
incidence in carcinogenicity studies in
rats and mice and no genotoxicity.
Specific information on the studies
received for cyclaniliprole as well as the
no-observed-adverse-effect-level
(NOAEL) from the toxicity studies can
be found at https://www.regulations.gov
in document, ‘‘Cyclaniliprole: Human
Health Risk Assessment for New
Greenhouse Uses on Lettuce and
Cucumber and Amendment of
Permanent Tolerances on Cucurbit
Vegetables Crop Group 9’’, in docket ID
number EPA–HQ–OPP–2023–0077.
Based on the review of the available
cyclaniliprole toxicological studies, no
toxicity endpoints or points of departure
were selected for risk assessment. Based
on the toxicological profile of
cyclaniliprole, EPA has concluded that
the FFDCA requirements to retain an
additional safety factor for protection of
infants and children and to consider
cumulative effects do not apply. Section
408(b)(2)(C) requires an additional
tenfold margin of safety in the case of
threshold risks, which cyclaniliprole
does not present. Section 408(b)(2)(D)(v)
requires consideration of information
concerning cumulative effects of
substances that have a common
mechanism of toxicity. Unlike other
pesticides for which EPA has followed
a cumulative risk approach based on a
common mechanism of toxicity, EPA
has not made a common mechanism of
toxicity finding as to cyclaniliprole and
any other substances, and cyclaniliprole
does not appear to produce a toxic
metabolite produced by other
substances. For the purposes of this
action, therefore, EPA has not assumed
that cyclaniliprole has a common
mechanism of toxicity with other
substances.
Cyclaniliprole has been grouped with
the pyridyl pyrazoles. As part of the
ongoing process to review registered
pesticides, the Agency intends to apply
this framework to determine if the
available toxicological data for
cyclaniliprole suggests a candidate
common mechanism group (CMG) may
be established with other pesticides. If
a CMG is established, a screening-level
toxicology and exposure analysis may
be conducted to provide an initial
screen for multiple pesticide exposure.
There is a potential for exposure to
cyclaniliprole residues via food and
drinking water based on existing uses
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and the proposed uses for cyclaniliprole
application directly to growing crops.
These applications can also result in
cyclaniliprole reaching surface and
ground water, both of which can serve
as sources of drinking water. There are
no proposed uses in residential settings
and therefore no anticipated residential
exposures, although exposures resulting
from spray drift from agricultural
applications onto residential areas may
occur. However, no quantitative risk
assessment was conducted because no
toxicity endpoints or points of departure
were selected for risk assessment.
Determination of safety. Based on the
available data indicating a lack of
adverse effects from exposure to
cyclaniliprole, 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 cyclaniliprole residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology
(liquid chromatography with tandem
mass spectrometry (LC–MS/MS)) is
available to enforce the tolerance
expression for plant and livestock
commodities. The method may be
requested from: Chief, Analytical
Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft.
Mead, 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).
There are Codex MRLs established for
residues of cyclaniliprole on cucumber
and squash (summer) at 0.05 ppm; and
melons, pumpkin, squash (winter) at 0.1
ppm which are different than the U.S.
tolerance for the cucurbit vegetable
group 9 established in this action (0.3
ppm). For cucurbit vegetable group 9,
no harmonization is possible for these
commodities because decreasing the
tolerance level to harmonize with the
Codex MRL could put U.S. growers at
risk of violative residues despite legal
use of cyclaniliprole.
V. Conclusion
Although the lack of toxicity supports
a safety finding for an exemption from
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30279
the requirement of tolerance for all
crops, EPA is revising the tolerance for
residues resulting from direct
applications to the cucurbit vegetable
group 9 because the petitioner requested
it for international trade purposes.
Therefore, the tolerance for residues of
cyclaniliprole in or on Vegetable,
cucurbit, group 9 is revised from 0.15
ppm to 0.3 ppm.
VI. Statutory and Executive Order
Reviews
This action establishes a tolerance
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001), or to
Executive Order 13045, entitled
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997).
This action does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), nor does it require any special
considerations under Executive Order
12898, entitled ‘‘Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
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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 action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
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).
Dated: April 11, 2024.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter 1 as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides,
and pests, Reporting and recordkeeping
requirements.
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.694, amend Table 1 to
Paragraph (a) by revising the entry for
‘‘Vegetable, cucurbit, group 9’’ to read as
follows:
■
§ 180.694 Cyclaniliprole; tolerances for
residues.
*
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*
*
*
TABLE 1 TO PARAGRAPH (a)
Commodity
Parts per million
*
*
*
*
*
*
Vegetable, cucurbit, group 9 .........................................................................................................................................................
*
0.3
*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2024–08022 Filed 4–22–24; 8:45 am]
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Agencies
[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Rules and Regulations]
[Pages 30277-30280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08022]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0077; FRL-11855-01-OCSPP]
Cyclaniliprole; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes a tolerance for residues of
cyclaniliprole in or on Vegetable, cucurbit, group 9. Interregional
Research Project Number 4 (IR-4) requested this tolerance under the
Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective April 23, 2024. Objections and
requests for hearings must be received on or before June 24, 2024, and
must be filed in
[[Page 30278]]
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-2023-0077, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is (202) 566-1744. Please review the
visitor instructions and additional information about the docket
available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address:
[email protected].
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 EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2023-0077 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
June 24, 2024. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2023-0077, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Summary of Petitioned-For Tolerance
In the Federal Register of February 9, 2024 (89 FR 9103) (FRL-
10579-12-OCSPP), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 2E9037) by IR-4, North Carolina State University, 1730
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition
requested to establish a tolerance for residues of the insecticide
cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, including its metabolites and degradates, in or
on the raw agricultural commodity Vegetable, cucurbit, group 9 at 0.3
parts per million (ppm). Upon the establishment of the tolerance
specified above, IR-4 requested to remove the established tolerance for
Vegetable, cucurbit, group 9 at 0.15 ppm. The document referenced a
summary of the petition, which is available in the docket at https://www.regulations.gov. There were no comments received in response to the
notice of filing.
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified therein, EPA has reviewed the available scientific data and
other relevant information in support of this action. EPA has
sufficient data to assess the hazards of and to make a determination on
aggregate exposure for cyclaniliprole, including exposure resulting
from the tolerance established by this action. EPA's assessment of
exposures and risks associated with cyclaniliprole follows.
No single or repeated dose study performed by any route of exposure
produced an adverse effect following cyclaniliprole exposure at dose
levels below, at, or above the limit dose (1,000 milligrams/kilogram/
day (mg/kg/day)). Although the oral toxicity studies in dogs were
conducted at approximately a third of the limit dose, no adverse
effects were seen. While adaptive liver effects were seen in these
studies, it is unlikely that cyclaniliprole would produce adverse liver
effects if tested at higher doses in dogs as a structurally related
chemical, chlorantraniliprole,
[[Page 30279]]
was tested up to the limit dose in dogs and did not demonstrate adverse
liver effects. There is no evidence that cyclaniliprole produces
increased susceptibility with prenatal or postnatal exposures.
Cyclaniliprole is considered not likely to be carcinogenic based on no
increase in treatment-related tumor incidence in carcinogenicity
studies in rats and mice and no genotoxicity.
Specific information on the studies received for cyclaniliprole as
well as the no-observed-adverse-effect-level (NOAEL) from the toxicity
studies can be found at https://www.regulations.gov in document,
``Cyclaniliprole: Human Health Risk Assessment for New Greenhouse Uses
on Lettuce and Cucumber and Amendment of Permanent Tolerances on
Cucurbit Vegetables Crop Group 9'', in docket ID number EPA-HQ-OPP-
2023-0077.
Based on the review of the available cyclaniliprole toxicological
studies, no toxicity endpoints or points of departure were selected for
risk assessment. Based on the toxicological profile of cyclaniliprole,
EPA has concluded that the FFDCA requirements to retain an additional
safety factor for protection of infants and children and to consider
cumulative effects do not apply. Section 408(b)(2)(C) requires an
additional tenfold margin of safety in the case of threshold risks,
which cyclaniliprole does not present. Section 408(b)(2)(D)(v) requires
consideration of information concerning cumulative effects of
substances that have a common mechanism of toxicity. Unlike other
pesticides for which EPA has followed a cumulative risk approach based
on a common mechanism of toxicity, EPA has not made a common mechanism
of toxicity finding as to cyclaniliprole and any other substances, and
cyclaniliprole does not appear to produce a toxic metabolite produced
by other substances. For the purposes of this action, therefore, EPA
has not assumed that cyclaniliprole has a common mechanism of toxicity
with other substances.
Cyclaniliprole has been grouped with the pyridyl pyrazoles. As part
of the ongoing process to review registered pesticides, the Agency
intends to apply this framework to determine if the available
toxicological data for cyclaniliprole suggests a candidate common
mechanism group (CMG) may be established with other pesticides. If a
CMG is established, a screening-level toxicology and exposure analysis
may be conducted to provide an initial screen for multiple pesticide
exposure.
There is a potential for exposure to cyclaniliprole residues via
food and drinking water based on existing uses and the proposed uses
for cyclaniliprole application directly to growing crops. These
applications can also result in cyclaniliprole reaching surface and
ground water, both of which can serve as sources of drinking water.
There are no proposed uses in residential settings and therefore no
anticipated residential exposures, although exposures resulting from
spray drift from agricultural applications onto residential areas may
occur. However, no quantitative risk assessment was conducted because
no toxicity endpoints or points of departure were selected for risk
assessment.
Determination of safety. Based on the available data indicating a
lack of adverse effects from exposure to cyclaniliprole, 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 cyclaniliprole residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (liquid chromatography with tandem
mass spectrometry (LC-MS/MS)) is available to enforce the tolerance
expression for plant and livestock commodities. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Mead, MD 20755-5350; telephone
number: (410) 305-2905; email address: [email protected].
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
There are Codex MRLs established for residues of cyclaniliprole on
cucumber and squash (summer) at 0.05 ppm; and melons, pumpkin, squash
(winter) at 0.1 ppm which are different than the U.S. tolerance for the
cucurbit vegetable group 9 established in this action (0.3 ppm). For
cucurbit vegetable group 9, no harmonization is possible for these
commodities because decreasing the tolerance level to harmonize with
the Codex MRL could put U.S. growers at risk of violative residues
despite legal use of cyclaniliprole.
V. Conclusion
Although the lack of toxicity supports a safety finding for an
exemption from the requirement of tolerance for all crops, EPA is
revising the tolerance for residues resulting from direct applications
to the cucurbit vegetable group 9 because the petitioner requested it
for international trade purposes. Therefore, the tolerance for residues
of cyclaniliprole in or on Vegetable, cucurbit, group 9 is revised from
0.15 ppm to 0.3 ppm.
VI. Statutory and Executive Order Reviews
This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or to Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it
require any special considerations under Executive Order 12898,
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian
[[Page 30280]]
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 action. In addition, this action does not impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).
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: April 11, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter 1 as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.694, amend Table 1 to Paragraph (a) by revising the
entry for ``Vegetable, cucurbit, group 9'' to read as follows:
Sec. 180.694 Cyclaniliprole; tolerances for residues.
* * * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * * * *
Vegetable, cucurbit, group 9........................ 0.3
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-08022 Filed 4-22-24; 8:45 am]
BILLING CODE 6560-50-P