[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Rules and Regulations]
[Page 51485-51490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc09-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2009-0518; FRL-8434-3]
Quinclorac; Pesticide Tolerance for Emergency Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule
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SUMMARY: This regulation establishes a time-limited tolerance for
residues of quinclorac in or on cranberry. This action is in response
to EPA's granting of an emergency exemption under section 18 of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing
use of the pesticide on cranberries. This regulation establishes a
maximum permissible level for residues of quinclorac in this food
commodity. The time-limited tolerance expires and is revoked on
December 31, 2012.
DATES: This regulation is effective October 7, 2009. Objections and
requests for hearings must be received on or before December 7, 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-2009-0518. All documents in the
docket are listed in the docket index available in 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: Marcel Howard, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-6784; e-mail address: Howard.Marcel@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:
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 provides
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 40 CFR part 180
[[Page 51486]]
through the Government Printing Office's e-CFR cite at http://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
The EPA procedural regulations which govern the submission of
objections and requests for hearings appear in 40 CFR part 178. 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-
2009-0518 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 on or before December 7, 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 your copies, identified by docket ID
number EPA-HQ-OPP-2009-0518, 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. Background and Statutory Findings
EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of FFDCA, 21 U.S.C. 346a(e) and 346a(1)(6), is establishing a
time-limited tolerance for residues of the herbicide quinclorac, 3,7-
dichloro-8-quinolinecarboxylic acid, in or on cranberries at 15.0 parts
per million (ppm). This time-limited tolerance expires and is revoked
on December 31, 2012. EPA will publish a document in the Federal
Register to remove the revoked tolerances from the CFR.
Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related time-limited tolerances to set binding precedents
for the application of section 408 of FFDCA and the new safety standard
to other tolerances and exemptions. Section 408(e) of FFDCA allows EPA
to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.
III. Emergency Exemption for Quinclorac on Cranberries and FFDCA
Tolerances
The Massachusetts Department of Agriculture Resources (MDAR)
requested the use of quinclorac through an emergency exemption to
control dodder on cranberries. According to MDAR, dodder is a serious
and devastating pest in commercial cranberry production. The MDAR
stated that currently available herbicides are inadequate for dodder
control and growers have experienced at least a 50% yield loss due to
dodder infestation. After having reviewed the submission, EPA
determined that emergency conditions exist for this State, and that the
criteria for an emergency exemption are met. EPA has authorized under
FIFRA section 18 the use of quinclorac on cranberries for control of
dodder in Massachusetts.
As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of quinclorac in
or on cranberries. In doing so, EPA considered the safety standard in
section 408(b)(2) of FFDCA, and EPA decided that the necessary
tolerance under section 408(l)(6) of FFDCA would be consistent with the
safety standard and with FIFRA section 18. Consistent with the need to
move quickly on the emergency exemption in order to address an urgent
non-routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in section 408(l)(6) of FFDCA. Although
these time-limited tolerances expire and are revoked on December 31,
2012, under section 408(l)(5) of FFDCA, residues of the pesticide not
in excess of the amounts specified in the tolerance remaining in or on
cranberries after that date will not be unlawful, provided the
pesticide was applied in a manner that was lawful under FIFRA, and the
residues do not exceed a level that was authorized by these time-
limited tolerances at the time of that application. EPA will take
action to revoke these time-limited tolerances earlier if any
experience with, scientific data on, or other relevant information on
this pesticide indicate that the residues are not safe.
Because these time-limited tolerances are being approved under
emergency conditions, EPA has not made any decisions about whether
quinclorac meets FIFRA's registration requirements for use on
cranberries or whether permanent tolerances for this use would be
appropriate. Under these circumstances, EPA does not believe that this
time-limited tolerance decision serves as a basis for registration of
quinclorac by a State for special local needs under FIFRA section
24(c). Nor does this tolerance serve as the basis for persons in any
State other than
[[Page 51487]]
Massachusetts to use this pesticide on these crops under FIFRA section
18 absent the issuance of an emergency exemption applicable within that
State. For additional information regarding the emergency exemption for
quinclorac, contact the Agency's Registration Division at the address
provided under FOR FURTHER INFORMATION CONTACT.
IV. 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 the factors specified in FFDCA section
408(b)(2)(D), EPA has reviewed the available scientific data and other
relevant information in support of this action. EPA has sufficient data
to assess the hazards of and to make a determination on aggregate
exposure expected as a result of this emergency exemption request and
the time-limited tolerance for residues of quinclorac on cranberries at
15.0 ppm. EPA's assessment of exposures and risks associated with
establishing time-limited tolerances follows.
A. 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 no
adverse effects are observed (the NOAEL) in the toxicology study
identified as appropriate for use in risk assessment. However, if a
NOAEL cannot be determined, the lowest dose at which adverse effects of
concern are identified (the LOAEL) 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-, intermediate-
, 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 quinclorac used for
human risk assessment can be found at http://www.regulations.gov in the
document Quinclorac. Human Health Risk Assessment for the Proposed
Food/Feed Use of the Herbicide (Associated with Section 18 Registation)
on Cranberries in Massachusetts, pages 14-41 in docket ID number EPA-
HQ-OPP-2009-0518.
B. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to quinclorac, EPA considered exposure under the time-limited
tolerances established by this action as well as all existing
quinclorac tolerances in (40 CFR 180.463). EPA assessed dietary
exposures from quinclorac in food as follows:
i. Acute exposure. In estimating acute dietary exposure, EPA used
food consumption information from the United States Department of
Agriculture (USDA) 1994-1996 and 1998 Nationwide Continuing Surveys of
Food Intake by Individuals (CSFII). As to residue levels in food, EPA
assumed 100 percent crop-treated (% CT) and tolerance-level residues
for all agricultural commodities. Default processing factors from
Dietary Exposure Evaluation Model (DEEM) 7.81 were used (for dried beef
and cranberry juice) in the analyses.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment, EPA used the food consumption data from the USDA 1994-1996
and 1998 CSFII. As to residue levels in food, EPA assumed 100% CT,
along with tolerance-level residues for all agricultural commodities.
Default processing factors from DEEM 7.81 were used (for dried beef and
cranberry juice) in the analyses.
iii. Cancer. Based on an evaluation under the 1986 Agency Cancer
Assessment Guidelines and the results of carcinogenicity studies in
rats and mice, EPA has classified quinclorac as ``not classifiable as
to carcinogenicity to humans.'' The results indicate that there was
equivocal evidence of an increase in the incidence of pancreatic acinar
cell adenomas in the male rat only, and no increase in female rats nor
in mice. A quantification of cancer risk is not warranted because the
chronic reference dose is approximately 1,200-fold lower than the dose
that induced the benign pancreatic tumors. Therefore, EPA considers the
chronic assessment to be protective of potential cancer impacts.
iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use anticipated residue and/or PCT information in the
dietary assessment for quinclorac. Tolerance level residues and/or 100%
CT were assumed for all food commodities.
2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for quinclorac in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of quinclorac. 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 modified Tier I Provisional Cranberry Model (PRZM and
EXAMS models are not based on typical properties of cranberry bogs,
which involves flooding) and Screening Concentration in Ground Water
(SCI-GROW) models, the estimated drinking water concentrations (EDWCs)
of quinclorac for acute exposures and chronic exposures for non-cancer
assessments are estimated to be 0.077 parts per billion (ppb) and 0.070
ppb, respectively, for surface water and 0.019 ppb for both acute and
chronic (non-cancer) ground water.
[[Page 51488]]
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For both acute and chronic
dietary risk assessment, the water concentration value of 0.077 ppb was
used to assess the contribution to drinking water. Conservative
assumptions used in these model estimates help ensure that the outputs
are protective of most environments associated with agricultural uses;
thus, the estimates are expected to exceed peak values found in the
environment in most cases.
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). Quinclorac is
currently registered for the following use that could result in
residential exposures: turf and lawns. EPA assessed residential
exposure using the following assumptions for toddlers:
i. Five percent of the application rate has been used to calculate
the day-zero turf transferable residue (TTR) levels used for assessing
risks from hand-to-mouth exposures, since quinclorac-specific turf
transferable residue study data are not available;
ii. Twenty percent of the application rate has been used to
calculate the day-zero turf transferable residue (TTR) residue levels
used for assessing risks from object-to-mouth exposures (a higher
percent transfer has been used for object-to-mouth behaviors, because
it involves a teething action believed to be more analogous to DFR/leaf
wash sample collection, where 20% is also used);
iii. Three year-old toddlers are expected to weigh 15 kilograms
(representing an average weight from years 1 to 6);
iv. Hand-to-mouth exposures are based on a frequency of 20 events/
hour, and a surface area per event of 20 square centimeters,
representing the palm-side surfaces of three fingers;
v. Saliva extraction efficiency is 50%, meaning that every time the
hand goes in the mouth, approximately half of the residues on the hand
are removed;
vi. Object-to-mouth exposures are based on a 25 square centimeter
surface area;
vii. Exposure durations for turfgrass scenarios are estimated to be
2 hours, based on information in HED's Exposure Factors Handbook; and
viii. Soil residues are contained in the top centimeter, and soil
density is 0.67 milliliters per gram.
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 quinclorac to share a common mechanism of
toxicity with any other substances, and quinclorac does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
quinclorac 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 the policy statements
released by EPA's Office of Pesticide Programs concerning common
mechanism determinations and procedures for cumulating effects from
substances found to have a common mechanism on EPA's website at http://
www.epa.gov/pesticides/cumulative.
C. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA SF. In
applying this provision, EPA either retains the default value of 10X,
or uses a different additional SF when reliable data available to EPA
support the choice of a different factor.
2. Prenatal and postnatal sensitivity. There is no qualitative
evidence of increased prenatal and/or postnatal susceptibility and, due
to the marginal nature of the effects observed on pup viability in the
multigeneration reproductive toxicity study, no residual uncertainties
with regard to prenatal toxicity following in utero exposures of rats
or rabbits to quinclorac (developmental toxicity studies), and prenatal
and/or postnatal exposure of rats to quinclorac (reproductive toxicity
study) at the estimated aggregate exposure levels. Furthermore, the
exposure levels selected for use in risk assessment are measurably
lower than the NOAEL from the multigeneration study, and therefore
protective against the marginal effects seen in pups.
3. Conclusion. EPA has determined that reliable data show that the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
i. The toxicity database for quinclorac is sufficiently complete to
inform the determination for the FQPA safety factor. Although recent
changes to 40 CFR part 158 make acute and subchronic neurotoxicity
testing (OPPTS Harmonized Guideline 870.6200), and immunotoxicity
testing (OPPTS Harmonized Guideline 870.7800) required for pesticide
registration, the available data for quinclorac do not show the
potential for immunotoxic nor neurotoxic effects. However, future
registration actions may require additional toxicity studies.
ii. There is no indication that quinclorac is a neurotoxic chemical
and there is no need for a developmental neurotoxicity study or
additional UFs to account for neurotoxicity for purposes of this time-
limited tolerance.
iii. There is no evidence that quinclorac 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. EPA made conservative (protective) assumptions in the ground
water and surface water modeling used to assess exposure to quinclorac
in drinking water. EPA used similarly conservative assumptions to
assess post-application exposure of children as well as incidental oral
exposure of toddlers. These assessments will not underestimate the
exposure and risks posed by quinclorac.
D. 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-, intermediate-, 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
[[Page 51489]]
product of all applicable UFs is not exceeded.
1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to quinclorac will occupy less than 1% of the aPAD for females age 13
to 49, the population group receiving the greatest exposure.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
quinclorac from food and water will utilize 3% of the cPAD for children
1 to 2 years of age, the population group receiving the greatest
exposure, while the general U.S. population utilizes 2% of the cPAD.
Quinclorac is not expected to pose a chronic dietary risk for the
general population (including infants and children). The chronic risk
estimates for all populations, resulting from aggregate exposure to
quinclorac in food and drinking water, is below EPA's chronic LOC, and
therefore not of concern.
3. Short-term and intermediate-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). Intermediate-term aggregate exposure takes into
account intermediate-term non-dietary, non-occupational exposure plus
chronic exposure to food and water (considered to be a background
exposure level). Because short- and intermediate-term exposure may
occur as a result of quinclorac use in residential settings, both
assessments were based on toddler exposure from an oral route: hand-to-
mouth, object-to-mouth, and incidental soil ingestion. The oral MOEs
for residential post-application exposure of toddlers range from 6,300
to 1,800,000. The combined MOE of 5,000 is greater than the LOC. These
values are greater than the LOC (100) for the short-term and
intermediate-term risk assessment and therefore not of concern. The
post-application exposure scenarios from the use on turf represent
worst-case estimates of exposure and risk. To evaluate short- and
intermediate-term aggregate risk, EPA has included the post-application
combined MOE (5,000) with the MOE derived from chronic dietary exposure
estimates (to reflect background dietary exposure). The behaviors
associated with post-application exposures are applicable to toddlers,
so only those age groups (infants, children 1-2 years of age, and
children 3-5 years of age) have been assessed for short- and
intermediate-term aggregate risk. Aggregate MOEs are all greater than
100 (MOEs range from 2,900 to 2,700), and are therefore below EPA's
short-term and intermediate-term LOC.
4. Aggregate cancer risk for U.S. population. Quinclorac has been
classified as ``not classifiable as to carcinogenicity to humans.''
Therefore, aggregate cancer risk from quinclorac is not of concern.
5. 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 quinclorac residues.
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate analytical methods, utilizing gas chromatography with
electron capture detection (GC/ECD), are available to enforce the
tolerance expression on plant (BASF Method A8902; MRID
41063537) and animal (BASF Method 268/1; MRID 41063536)
commodities. Both methods have undergone successful Agency method
validation trials, and have been submitted to FDA for publication in
PAM II as the tolerance enforcement methods. The limit of quantitation
(LOQ) for both methods is 0.05 ppm in all matrices. Furthermore, FDA
has reported that quinclorac can be detected by Multiresidue Protocol
B. No additional data are needed.
B. International Residue Limits
There are currently no established Codex, Canadian, or Mexican
maximum residue limits for residues of quinclorac in/on cranberry.
VI. Conclusion
Therefore, a time-limited tolerance is established for residues of
quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, in or on cranberry
at 15.0 ppm. This tolerance expires and is revoked on December 31,
2012.
VII. Statutory and Executive Order Reviews
This final rule establishes a tolerance under sections 408(e) and
408(l)(6) of FFDCA. 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 in accordance
with sections 408(e) and 408(l)(6) 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).
VIII. 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
[[Page 51490]]
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: September 25, 2009.
Lois Rossi,
Acting Director, Office of Pesticide Programs.
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Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
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1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
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2. Section 180.463 is amended by revising paragraph (b) to read as
follows:
Sec. 180.463 Quinclorac; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. Time-limited tolerances
specified in the following table are established for residues of
quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid in or on the
specified agricultural commodities, resulting from use of the pesticide
pursuant to FIFRA section 18 emergency exemptions. The tolerances
expire and are revoked on the date specified in the table.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Cranberry..................................... 15.0 12/31/12
------------------------------------------------------------------------
* * * * *
[FR Doc. E9-24188 Filed 10-06-09; 8:45 am]
BILLING CODE 6560-50-S