[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Rules and Regulations]
[Page 74978-74983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de08-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0438 FRL-8391-5]
Novaluron; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
novaluron in or on sugarcane, cane and tomato. Interregional Research
Project Number 4 (IR-4) requested these tolerances under the Federal
Food, Drug, and Cosmetic Act (FFDCA). It also revokes the existing,
time-limited tolerance for residues of novaluron in or on sugarcane,
cane and revises the chemical name for novaluron in 40 CFR 180.598 to
reflect EPA's preferred nomenclature.
DATES: This regulation is effective December 10, 2008. Objections and
requests for hearings must be received on or before February 9, 2009,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0438. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Susan Stanton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-5218; e-mail address: stanton.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing electronically available documents at
http://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr. You may also access
a frequently updated electronic version of EPA's tolerance regulations
at 40 CFR part 180 through the Government Printing Office's e-CFR site
at http://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2007-0438 in the subject line on the first
page of your submission. All requests must be in writing, and must be
mailed or delivered to the Hearing Clerk as required by 40 CFR part 178
on or before February 9, 2009.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2007-0438, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
II. Petition for Tolerance
In the Federal Register of July 25, 2007 (72 FR 40877) (FRL-8137-
1), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
7E7199) by Interregional Research Project Number 4 (IR-4), 500 College
Road East, Suite 201W, Princeton NJ 08540. The petition requested that
40 CFR 180.598 be amended by establishing tolerances for residues of
the insecticide novaluron, 1-[3-chloro-4-(1,1,2-trifluoro-2-
trifluoromethoxyethoxy)phenyl]-3-(2,6-difluorobenzoyl)urea, in or on
sugarcane, cane at 0.50 parts per million (ppm); tomato at 0.40 ppm;
and tomato, paste at 0.80 ppm. That notice referenced a summary of the
petition prepared on behalf of IR-4 by Makhteshim-Agan of North
America, Inc., the registrant, which is available to the public in the
docket, http://www.regulations.gov. Comments were received on the
notice of filing. EPA's response to these comments is discussed in Unit
IV.C.
Based upon review of the data supporting the petition, EPA has
increased the tolerance on tomato to 1.0 ppm and determined that a
separate tolerance on tomato, paste is not needed. The reasons for
these changes are explained in Unit IV.D.
[[Page 74979]]
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for the petitioned-for
tolerances for residues of novaluron on sugarcane, cane at 0.50 ppm and
tomato at 1.0 ppm. EPA's assessment of exposures and risks associated
with establishing tolerances follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
Novaluron has low acute toxicity via the oral, dermal and
inhalation routes of exposure. It is not an eye or skin irritant and is
not a dermal sensitizer. In subchronic and chronic toxicity studies,
novaluron primarily produced hematotoxic effects such as
methemoglobinemia, decreased hemoglobin, decreased hematocrit and
decreased red blood corpuscles (RBCs or erythrocytes) associated with
increased erythropoiesis.
There was no maternal or developmental toxicity seen in the rat and
rabbit developmental toxicity studies up to the limit doses. In the 2-
generation reproductive toxicity study in rats, both maternal and
offspring toxicity were evidenced by spleenomegaly. Reproductive
toxicity (decreases in epididymal sperm counts and increased age at
preputial separation in the F1 generation) was observed only in males.
Novaluron does not appear to be a potent neurotoxicant. Signs of
neurotoxicity were seen in the acute neurotoxicity study in rats but
only at the limit dose of 2,000 milligrams/kilogram/day (mg/kg/day).
Neurotoxic signs seen in this study included clinical signs
(piloerection, fast/irregular breathing), functional observation
battery (FOB) parameters (head swaying, abnormal gait) and
neuropathology (sciatic and tibial nerve degeneration). No signs of
neurotoxicity or neuropathology were observed in the subchronic
neurotoxicity study in rats at doses up to 1,752 mg/kg/day in males and
2,000 mg/kg/day in females or in any other subchronic or chronic
toxicity study in rats, mice or dogs.
There was no evidence of carcinogenic potential in either the rat
or mouse carcinogenicity studies and no evidence of mutagenic activity
in the submitted mutagenicity studies, including a bacterial
(Salmonella, E. coli) reverse mutation assay, an in vitro mammalian
chromosomal aberration assay, an in vivo mouse bone-marrow micronucleus
assay and bacterial DNA damage or repair assay. Based on the results of
these studies, EPA has classified novaluron as ``not likely to be
carcinogen to humans.''
Specific information on the studies received and the nature of the
adverse effects caused by novaluron as well as the no-observed-adverse-
effect-level (NOAEL) and the lowest-observed-adverse-effect-level
(LOAEL) from the toxicity studies can be found at http://
www.regulations.gov in document PP 7E7199 Novaluron in/on Sugarcane and
Tomato. Health Effects Division (HED) Risk Assessment, pages 24 to 27
in docket ID number EPA-HQ-OPP-2007-0438.
B. Toxicological Endpoints
For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the highest dose at which the
NOAEL are observed in the toxicology study identified as appropriate
for use in risk assessment. However, if a NOAEL cannot be determined,
the LOAEL concern are identified or a benchmark dose (BMD) approach is
sometimes used for risk assessment. Uncertainty/safety factors (UFs)
are used in conjunction with the POD to take into account uncertainties
inherent in the extrapolation from laboratory animal data to humans and
in the variations in sensitivity among members of the human population
as well as other unknowns. Safety is assessed for acute and chronic
dietary risks by comparing aggregate food and water exposure to the
pesticide to the acute population adjusted dose (aPAD) and chronic
population adjusted dose (cPAD). The aPAD and cPAD are calculated by
dividing the POD by all applicable UFs. Aggregate short-term,
intermediate-term, and chronic-term risks are evaluated by comparing
food, water, and residential exposure to the POD to ensure that the
margin of exposure (MOE) called for by the product of all applicable
UFs is not exceeded. This latter value is referred to as the Level of
Concern (LOC).
For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk. Thus, the Agency estimates
risk in terms of the probability of an occurrence of the adverse effect
greater than that expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
A summary of the toxicological endpoints for novaluron used for
human risk assessment can be found at http://www.regulations.gov in
document PP-7E7199 Novaluron in/on Sugarcane and Tomato. Health Effects
Division (HED) Risk Assessment, pages 10 to 11 in docket ID number EPA-
HQ-OPP-2007-0438.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to novaluron, EPA considered exposure under the petitioned-for
tolerances as well as all existing novaluron tolerances in 40 CFR
180.598. EPA assessed dietary exposures from novaluron in food as
follows:
i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. No such effects were
identified in the toxicological studies for novaluron; therefore, a
quantitative acute dietary exposure assessment is unnecessary.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment
[[Page 74980]]
EPA used the food consumption data from the United States Department of
Agriculture (USDA) 1994-1996 and 1998 Continuing Surveys of Food
Intakes by Individuals (CSFII). As to residue levels in food, EPA
incorporated anticipated residues (average field trial residues) for
some commodities, including the new commodities (sugarcane and
tomatoes); empirical processing factors for apple juice (translated to
pear juice); and DEEM (ver 7.81) default processing factors for the
remaining processed commodities. In estimating dietary exposure from
secondary residues in livestock, EPA relied on anticipated residues for
meat and milk commodities but used tolerance-level residues for poultry
commodities. 100 percent crop treated (PCT) was assumed for all
existing and new uses of novaluron.
iii. Cancer. Based on the results of carcinogenicity studies in
rats and mice, EPA has classified novaluron as ``not likely to be
carcinogenic to humans;'' therefore, a quantitative cancer exposure
assessment is unnecessary.
iv. Anticipated residue information. Section 408(b)(2)(E) of FFDCA
authorizes EPA to use available data and information on the anticipated
residue levels of pesticide residues in food and the actual levels of
pesticide residues that have been measured in food. If EPA relies on
such information, EPA must require pursuant to FFDCA section 408(f)(1)
that data be provided 5 years after the tolerance is established,
modified, or left in effect, demonstrating that the levels in food are
not above the levels anticipated. For the present action, EPA will
issue such Data Call-Ins as are required by FFDCA section 408(b)(2)(E)
and authorized under FFDCA section 408(f)(1). Data will be required to
be submitted no later than 5 years from the date of issuance of these
tolerances.
2. Dietary exposure from drinking water. The residues of concern in
drinking water are novaluron and its chlorophenyl urea and
chloroaniline degradates. The Agency used screening level water
exposure models in the dietary exposure analysis and risk assessment
for novaluron and its degradates in drinking water. These simulation
models take into account data on the physical, chemical, and fate/
transport characteristics of novaluron. Further information regarding
EPA drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-
GROW) models, the estimated drinking water concentrations (EDWCs) of
novaluron, chlorophenyl urea and chloroaniline for chronic exposures
for non-cancer assessments are estimated to be 1.8 parts per billion
(ppb), 0.86 ppb and 2.6 ppb, respectively, for surface water and 0.0055
ppb, 0.0045 ppb and 0.0090 ppb, respectively, for ground water.
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. The highest drinking water
concentrations were estimated for surface water. Of the three EDWC
values for surface water, the chronic EDWC for the terminal metabolite,
chloroaniline, is the highest (assuming 100 percent molar conversion
from parent to aniline). This is consistent with the expected
degradation pattern for novaluron. Therefore, for chronic dietary risk
assessment, the water concentration value for chloroaniline of 2.6 ppb
was used to assess the contribution to drinking water.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Novaluron is not
registered for any specific use patterns that would result in
residential exposure.
4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
EPA has not found novaluron to share a common mechanism of toxicity
with any other substances, and novaluron does not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that novaluron does not
have a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see EPA's website at http://www.epa.gov/pesticides/
cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(c) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA safety
factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
2. Prenatal and postnatal sensitivity. The prenatal and postnatal
toxicology database for novaluron includes rat and rabbit prenatal
developmental toxicity studies and a 2-generation reproduction toxicity
study in rats. There was no evidence of increased quantitative or
qualitative susceptibility following in utero exposure of rats or
rabbits in the developmental toxicity studies and no evidence of
increased quantitative or qualitative susceptibility of offspring in
the reproduction study. Neither maternal nor developmental toxicity was
seen in the developmental studies up to the limit doses. In the
reproduction study, offspring and maternal toxicity (increased absolute
and relative spleen weights) were similar and occurred at the same
dose; and reproductive effects (decreases in epididymal sperm counts
and increased age at preputial separation in the F1 generation)
occurred at a higher dose than that which resulted in maternal
toxicity.
3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
i. The toxicity database for novaluron is complete, except for
immunotoxicity testing. EPA began requiring functional immunotoxicity
testing of all food and non-food use pesticides on December 26, 2007.
Since this requirement went into effect after the tolerance petition
was submitted, these studies are not yet available for novaluron. In
the absence of specific immunotoxicity studies, EPA has evaluated the
available novaluron toxicity data to determine whether an additional
database uncertainty factor is needed to account for potential
immunotoxicity. There was no evidence of adverse effects on the organs
of the
[[Page 74981]]
immune system at the LOAEL in any study novaluron. In addition,
novaluron does not belong to a class of chemicals (e.g., the
organotins, heavy metals, or halogenated aromatic hydrocarbons) that
would be expected to be immunotoxic. Based on the above considerations,
EPA does not believe that conducting a special series 870.7800
immunotoxicity study will result in a point of departure less than the
NOAEL of 0.011 mg/kg/day used in calculation the cPAD for novaluron,
and therefore, an additional database uncertainty factor is not needed
to account for potential immunotoxicity.
ii. There were signs of neurotoxicity in the acute neurotoxicity
study in rats, including clinical signs (piloerection, fast/irregular
breathing), functional observation battery (FOB) parameters (head
swaying, abnormal gait) and neuropathology (sciatic and tibial nerve
degeneration). However, the signs observed were not severe and were
seen only at the limit dose (2,000 mg/kg/day); further, the
neuropathological effects that were seen at the limit dose also
occurred in a few untreated control animals. No signs of neurotoxicity
or neuropathology were observed in the subchronic neurotoxicity study
in rats at doses up to 1,752 mg/kg/day in males, and 2,000 mg/kg/day in
females or in any other subchronic or chronic toxicity study in rats,
mice or dogs, including the developmental and reproduction studies.
Therefore, novaluron does not appear to cause significant neurotoxicant
effects, and there is no need for a developmental neurotoxicity study
or additional UFs to account for neurotoxicity.
iii. There is no evidence that novaluron results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100% CT and tolerance-level or anticipated residues derived from
reliable residue field trials. EPA made conservative (protective)
assumptions in the ground and surface water modeling used to assess
exposure to novaluron in drinking water. Residential exposures are not
expected. These assessments will not underestimate the exposure and
risks posed by novaluron.
E. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic pesticide exposures are
safe by comparing aggregate exposure estimates to the aPAD and cPAD.
The aPAD and cPAD represent the highest safe exposures, taking into
account all appropriate SFs. EPA calculates the aPAD and cPAD by
dividing the POD by all applicable UFs. For linear cancer risks, EPA
calculates the probability of additional cancer cases given the
estimated aggregate exposure. Short-term, intermediate-term, and
chronic-term risks are evaluated by comparing the estimated aggregate
food, water, and residential exposure to the POD to ensure that the MOE
called for by the product of all applicable UFs is not exceeded.
1. Acute risk. An acute aggregate risk assessment takes into
account exposure estimates from acute dietary consumption of food and
drinking water. No adverse effect resulting from a single-oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
novaluron is not expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
novaluron from food and water will utilize 74% of the cPAD for children
1 to 2 years old, the population group receiving the greatest exposure.
Based on the explanation in Unit III.C.3., regarding residential use
patterns, chronic residential exposure to residues of novaluron is not
expected.
3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). Novaluron is
not registered for any use patterns that would result in residential
exposure. Therefore, the short-term aggregate risk is the sum of the
risk from exposure to novaluron through food and water and will not be
greater than the chronic aggregate risk.
4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Novaluron is not registered for any use patterns that would
result in intermediate-term residential exposure. Therefore, the
intermediate-term aggregate risk is the sum of the risk from exposure
to novaluron through food and water, which has already been addressed,
and will not be greater than the chronic aggregate risk.
5. Aggregate cancer risk for U.S. population. EPA has classified
novaluron as ``not likely to be carcinogenic to humans.''Novaluron is
not expected to pose a cancer risk.
6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to novaluron residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (a gas chromatography/electron-
capture detection (GC/ECD) method; and a high pressure liquid
chromatography/ultraviolate detection (HPLC/UV) method) is available to
enforce the tolerance expression. The methods may be requested from:
Chief, Analytical Chemistry Branch, Environmental Science Center, 701
Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905;
e-mail address: residuemethods@epa.gov.
B. International Residue Limits
No Canadian or Mexican MRLs have been established for novaluron on
the sugarcane or tomato commodities. A CODEX MRL is established for
novaluron (fat soluble) on tomato at 0.02 ppm, significantly below the
U.S. tolerance being established by this regulation (1.0 ppm). The U.S.
tolerance is based on a different use pattern, including both a higher
application rate (12.8x higher) and shorter pre-harvest interval (PHI)
(2 days vs. 7 days). For these reasons, the U.S. tolerance cannot be
harmonized with the CODEX MRL at this time.
C. Response to Comments
EPA received comments from a private citizen complaining that she
was unable to open the ``proposal'' at http://www.regulations.gov. If
by ``proposal,'' the commenter is referring to the registrant's notice
of filing, EPA notes that it is available in the docket in two common
file formats, MicroSoft Word and Portable Document Format (PDF) and
cannot explain the commenter's inability to open it. User support is
available for anyone having trouble using the regulations website by
calling 1-877-ERUL HLP (1-877-378-5457) or by using the Web form link
provided under ``Contact Us.''
D. Revisions to Petitioned-For Tolerances
Based upon review of the data supporting the petition, EPA
determined that the proposed tolerance on tomato should be increased to
1.0 ppm and that a separate tolerance on tomato paste is not needed.
EPA revised the tolerance level for tomato based on analyses of both
field- and greenhouse-
[[Page 74982]]
grown residue trials using the Agency's Tolerance Spreadsheet in
accordance with the Agency's Guidance for Setting Pesticide Tolerances
Based on Field Trial Data. The tolerance level of 1.0 ppm is based on
the spreadsheet results for greenhouse-grown tomatoes, the cropping
scenario that resulted in the higher recommended tolerance. The
submitted tomato processing data indicate that residues of novaluron
are not likely to concentrate in puree but may concentrate slightly in
paste. Based on the processing factor (1.1x) for paste and the highest
average field trial (HAFT) residue of 0.365 ppm from the tomato trials,
residues of novaluron in paste are not expected to exceed the tolerance
for tomato (1.0 ppm); therefore, no tolerances for tomato processed
commodities are needed.
The tolerance expression at 40 CFR 180.598 uses the International
Union of Pure and Applied Chemistry (IUPAC) nomenclature for novaluron
(1-[3-chloro-4-(1,1,2-trifluoro-2-trifluoro-methoxyethoxy)phenyl]-3-
(2,6-difluorobenzoyl)urea). Since it is EPA's policy to use the
Chemical Abstracts Service (CAS) nomenclature in tolerance expressions,
EPA is revising the tolerance expression to reflect the correct CAS
designation for novaluron (N-[[[3-chloro-4-[1,1,2-trifluoro-2-
(trifluoromethoxy)ethoxy]phenyl]amino]carbonyl]-2,6-difluorobenzamide).
EPA has determined that it is reasonable to make this change final
without prior proposal and opportunity for comment, because public
comment is not necessary, in that the change has no substantive effect
on the tolerance, but rather is a minor change in scientific
nomenclature consistent with accepted Agency policy and practice.
V. Conclusion
Therefore, tolerances are established for residues of novaluron, N-
[3-chloro-4-[1,1,2-trifluoro-2-
(trifluoromethoxy)ethoxy]phenyl]amino]carbonyl]-2,6-difluorobenzamide,
in or on sugarcane, cane at 0.50 ppm and tomato at 1.0 ppm.
A time-limited tolerance of 0.15 ppm was established for residues
of novaluron on sugarcane, cane in connection with a FIFRA section 18
emergency exemption granted by EPA. This tolerance (set to expire on
12/31/09) is superseded by the higher tolerance being established on
sugarcane, cane and is no longer needed. Therefore, the time-limited
tolerance is being revoked.
VI. Statutory and Executive Order Reviews
This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
VII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: November 25, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.598 is amended by removing the entry for sugarcane, cane
from the table in paragraph (b); revising paragraph (a) introductory
text and alphabetically adding the following commodities to the table
in paragraph (a) to read as follows:
Sec. 180.598 Novaluron; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide novaluron, N-[[[3-chloro-4-[1,1,2-trifluoro-2-
(trifluoromethoxy)ethoxy]phenyl]amino]carbonyl]-2,6-difluorobenzamide,
in or on the following raw agricultural commodities:
[[Page 74983]]
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Commodity Parts per million
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* * * * *
Sugarcane, cane 0.50
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Tomato 1.0
* * * * *
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* * * * *
* * * * *
[FR Doc. E8-29117 Filed 12-9-08; 8:45 am]
BILLING CODE 6560-50-S