[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 70023-70026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27361]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0205; FRL-10002-71]


Flutianil; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes tolerances for residues of 
flutianil in or on the following commodities: Berry, low growing, 
subgroup 13-07G; cherry subgroup 12-12A; fruit, small, vine climbing, 
except fuzzy kiwifruit, subgroup 13-07F; hop, dried cones; and 
vegetable, cucurbit, group 9. Interregional Research Project Number 4 
(IR-4) requested these tolerances under the Federal Food, Drug, and 
Cosmetic Act (FFDCA).

DATES: This regulation is effective December 20, 2019. Objections and 
requests for hearings must be received on or before February 18, 2020, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2019-0205, is available at http://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 is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@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. 
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 Government 
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 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-2019-0205 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 
February 18, 2020. 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-2019-0205, by one of 
the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of June 7, 2019 (84 FR 26630) (FRL-9993-
93), 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 
8E8730) by IR-4, IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540. The petition requested to amend 40 CFR 180.697 by 
removing the established tolerances for residues of flutianil, (2Z)-2-
[2-fluoro-5-(trifluoromethyl)phenyl]sulfanyl-2-[3-(2-
methoxyphenyl)thiazolidin-2-ylidene] acetonitrile, including its 
metabolites and degradates, in or on the raw agricultural commodities 
cantaloupe at 0.07 ppm; cherry at 0.40 ppm; cucumber at 0.20 ppm; grape 
at 0.70 ppm; squash at 0.05 ppm; and strawberry at 0.50 ppm.
    In the Federal Register of October 3, 2019 (84 FR 52850) (FRL-9999-
89), 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 
8E8730) by IR-4, IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540. The petition requested to amend 40 CFR 180.697 by 
establishing tolerances for residues of flutianil, (2Z)-2-[2-fluoro-5-
(trifluoromethyl)phenyl]sulfanyl-2-[3-(2-methoxyphenyl)thiazolidin-2-
ylidene] acetonitrile, including its metabolites and degradates in or 
on berry, low growing, subgroup 13-07G at 0.50 ppm; cherry subgroup 12-
12A at 0.40 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, 
subgroup 13-07F at 0.70 ppm;

[[Page 70024]]

hop, dried cones at 2.0 ppm; and vegetable, cucurbit, group 9 at 0.20 
ppm.
    The documents referenced a summary of the petition prepared by OAT 
Agrio Co., Ltd., c/o Landis International, Inc., the registrant, which 
is available in the docket, http://www.regulations.gov. A comment was 
received on the notices of filing. EPA's response to this comment is 
discussed in Unit IV.C.
    For reasons discussed in Unit IV.D., EPA is establishing tolerances 
that vary slightly from what was requested, consistent with its 
authority in FFDCA section 408(d)(4)(A)(i).

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 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 for flutianil including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with flutianil 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.
    No single or repeated dose study performed by any route of exposure 
produced an adverse effect following flutianil exposure below, at, or 
above the limit dose (1,000 mg/kg/day). The only toxic effect of 
flutianil exposure in the rat 28-day, 90-day, or 104-day oral toxicity 
studies was associated with hyaline droplet formation in the renal 
proximal tubular cells of males. No toxicity was observed in the female 
rats dosed up to the limit dose for comparable time periods. An 
immunohistochemical staining demonstrated that the hyaline droplets in 
the proximal tubular cells were related to the presence of alpha-
2[micro]-globulin, which is not relevant for human toxicity. Based on 
the link to alpha-2[micro]-globulin and the lack of any degenerative or 
other associated effects, the hyaline droplet was not considered 
biologically relevant to humans.
    No toxicity was seen in the developmental, reproductive, 
neurotoxic, or immunotoxic studies for flutianil. No dermal or systemic 
toxicity was observed at the limit dose in the rat 28-day dermal 
toxicity study. Nevertheless, in the rat 28-day inhalation toxicity 
study, increased lung weights in females and histopathological findings 
of minimal nasal mucous cell hypertrophy/hyperplasia and minimal lung 
centriacinar inflammation in males and females were observed at the 
highest dose tested. These observations were consistent with response 
to aerosol exposure to an airway irritant. The nasal mucous cell 
hypertrophy/hyperplasia is considered the physiological response of 
these cells to an irritant; however, the increased lung weights and 
cellular inflammation reflect some degree of edema in air spaces, and 
inflammation in the lung could affect airway responsiveness and 
pulmonary function. Therefore, the increased lung weights in females 
and lung lesions in both sexes were considered adverse effects. 
Flutianil is classified as ``Not Likely to be Carcinogenic to Humans'' 
based on lack of evidence of carcinogenicity in rats and mice and no 
evidence of mutagenicity. Flutianil produced no genotoxicity.
    Specific information on the studies received and the nature of the 
adverse effects caused by flutianil 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 on pages 24-28 of the document titled ``Flutianil. 
Human Risk Assessment to Support New Uses for a New Active Ingredient, 
Flutianil on Apple, Cantaloupe, Cherry, Cucumber, Grape, Summer Squash, 
and Strawberry'' in docket ID number EPA-HQ-OPP-2019-0205.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect 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://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticide.
    Based on the analysis of the available flutianil toxicological 
studies, there is no adverse toxicity from oral exposures seen in any 
of the required submitted toxicology studies. No toxicity endpoint and 
point of departure for regulating dietary exposure are established for 
the human health risk assessment. There are no registered or proposed 
residential uses at this time for flutianil; therefore, residential 
handler and post-application exposure and risk were not assessed.

C. Exposure Analysis

    Flutianil is used on a variety of crops. Humans could potentially 
be exposed to flutianil residues in food because flutianil may be 
applied directly to growing crops. These applications can also result 
in flutianil reaching surface and ground water, both of which can serve 
as sources of drinking water. There are no proposed uses in residential 
settings; therefore, there are no anticipated residential exposures.

[[Page 70025]]

D. Additional FFDCA Factors

    Based on the toxicological profile of flutianil, 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) of the FFDCA (21 U.S.C. 346a) 
requires an additional tenfold margin of safety in the case of 
threshold risks, which are not present in this case. Section 
408(b)(2)(D)(v) of the FFDCA requires consideration of information 
concerning cumulative effects of substances that have a common 
mechanism of toxicity, which flutianil does not have.

E. Safety Determination

    Based on the available data indicating a lack of adverse effects 
from exposure to flutianil, 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 flutianil.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology--gas chromatography-mass 
spectrometry detector (GC/MSD) and high-performance liquid 
chromatography with tandem mass spectral detection (LC/MS/MS) for 
grapes only--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; email address: 
residuemethods@epa.gov.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established any MRLs for these crops for 
flutianil.

C. Response to Comments

    One comment generally asserting that flutianil is toxic and should 
not be allowed on vegetables was received in response to the notice of 
filing. Although the Agency recognizes that some individuals believe 
that pesticides should be banned on agricultural crops, the existing 
legal framework provided by section 408 of the Federal Food, Drug and 
Cosmetic Act (FFDCA) authorizes EPA to establish tolerances when it 
determines that the tolerance is safe. Upon consideration of the 
validity, completeness, and reliability of the available data as well 
as other factors the FFDCA requires EPA to consider, EPA has determined 
that these flutianil tolerances are safe. The commenter has provided no 
information to indicate that flutianil is not safe.

D. Revisions to Petitioned-for Tolerances

    The petitioner seeks a vegetable, cucurbit, group 9 tolerance of 
0.20 ppm. Previously, separate tolerances were established for 
cucumber, cantaloupe, and squash for harmonization purposes with Japan. 
The available data support establishing subgroup tolerances, so EPA is 
establishing two subgroup tolerances as follows: Melon subgroup 9A at 
0.07 ppm and squash/cucumber subgroup 9B at 0.2 ppm. There are no Codex 
MRLs.
    EPA is establishing the remaining tolerances as requested, except 
for modifications to be consistent with the rounding class practices of 
the Organisation for Economic Co-operation and Development (OECD).

V. Conclusion

    Although the lack of toxicity supports a safety finding for an 
exemption from the requirement of tolerance for all crops, EPA is 
establishing numerical tolerances for residues resulting from direct 
applications to commodities for international trade purposes. 
Therefore, tolerances are established for residues of flutianil, (2Z)-
2-[2-fluoro-5-(trifluoromethy)phenyl]sulfanyl-2-[3-(2-
methoxyphenyl)thiazolidin-2-ylidene]acetonitrile, in or on berry, low 
growing, subgroup 13-07G at 0.5 ppm; cherry subgroup 12-12A at 0.4 ppm; 
fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 
0.7 ppm; hop, dried cones at 2 ppm; melon subgroup 9A at 0.07 ppm; and 
squash/cucumber subgroup 9B at 0.2 ppm.
    Additionally, the following tolerances are removed as unnecessary 
due to the establishment of the above tolerances: Cantaloupe; cherry; 
cucumber; grape; squash; and strawberry.

VI. Statutory and Executive Order Reviews

    This action establishes and modifies tolerances 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 Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), nor is it considered a 
regulatory action under Executive Order 13771, entitled ``Reducing 
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3, 
2017). 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 tolerances in this final rule, do not 
require the issuance of a proposed rule, the requirements of the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply.
    This 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 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

[[Page 70026]]

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: December 5, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.697(a):
0
a. In the introductory text, remove ``the table below'' and ``below'' 
and add in their places ``Table 1 to this paragraph (a)'' and ``in 
Table 1,'' respectively; and
0
b. Revise the table.
    The revision reads as follows:


Sec.  180.697  Flutianil; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Apple.......................................................        0.15
Apple, wet pomace...........................................        0.30
Berry, low growing, subgroup 13-07G.........................         0.5
Cherry subgroup 12-12A......................................         0.4
Fruit, small, vine climbing, except fuzzy kiwifruit,                 0.7
 subgroup 13-07F............................................
Hop, dried cones............................................           2
Melon subgroup 9A...........................................        0.07
Squash/cucumber subgroup 9B.................................         0.2
------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-27361 Filed 12-19-19; 8:45 am]
BILLING CODE 6560-50-P


