[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Rules and Regulations]
[Pages 53174-53179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0076; FRL-8794-4]


Azoxystrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the established tolerances for residues 
of azoxystrobin in or on barley bran; barley grain; and barley straw. 
Interregional Research Project Number 4 (IR-4) requested these 
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 16, 2009. Objections and 
requests for hearings must be received on or before December 15, 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-2009-0076. 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: Laura Nollen, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-7390; e-mail address: <a href="/cdn-cgi/l/email-protection#f799989b9b9299d99b96828596b7928796d9909881"><span class="__cf_email__" data-cfemail="620c0d0e0e070c4c0e03171003220712034c050d14">[email protected]</span></a>.

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:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> 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 cite 
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-2009-0076 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 December 15, 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-2009-0076, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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 April 8, 2009 (74 FR 15971) (FRL-8407-
4), 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 
8E7474) by Interregional Research Project Number 4 (IR-4), IR-4 Project 
Headquarters, 500 College Rd. East, Suite 201 W., Princeton, NJ 08540. 
The petition requested that 40 CFR 180.507 be amended by increasing 
established tolerances for residues of the fungicide azoxystrobin, 
[methyl( E )-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-yloxy)phenyl)-3-
methoxyacrylate] and the Z-isomer of azoxystrobin, [methyl( Z )-2-(2-
(6-(2-cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3 methoxyacrylate], in or 
on barley, grain from 0.1 parts per million (ppm) to 3.0 ppm and 
barley, straw from 4.0 ppm to 7.0 ppm. That notice referenced a summary 
of the petition prepared on behalf of IR-4 by Syngenta Crop Protection, 
Inc., the registrant, which is available to the public in the docket, 
http://www.regulations.gov. There were no comments received in response 
to the notice of filing.
    Based upon review of the data supporting these petitions, EPA has 
determined that the currently established tolerance in or on barley 
bran should also be increased and has

[[Page 53175]]

determined that the tolerance expression should be revised. The reasons 
for these changes are explained in Unit IV.C.

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 azoxystrobin on barley bran at 6.0 ppm; 
barley grain at 3.0 ppm; and barley straw at 7.0 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.
    Azoxystrobin has a low acute toxicity via the oral, dermal and 
inhalation routes of exposure. It is not an eye or skin irritant and is 
not a skin sensitizer. Dietary administration of azoxystrobin to rats 
resulted in decreased body weights, decreased food intake and 
utilization, increased diarrhea and other clinical toxicity 
observations (increased urinary incontinence, hunched postures and 
distended abdomens). In dogs, effects on liver/biliary function were 
found after oral administration. In the acute neurotoxicity study in 
rats, increased incidence of diarrhea was observed at all dose levels 
tested including the lowest-observed-adverse-effect-level (LOAEL). 
Decreased body weight/weight gain and food utilization was noted in the 
rat subchronic neurotoxicity study. There were no consistent 
indications of treatment-related neurotoxicity in either the acute or 
subchronic neurotoxicity studies.
    In the rat developmental toxicity study, diarrhea, urinary 
incontinence and salivation were observed in maternal animals; in the 
rabbit developmental toxicity study, maternal animals exhibited 
decreased body weight gain. No adverse treatment-related developmental 
effects were seen in either study. In the rat reproduction study, 
offspring and parental effects (decreased body weights and increased 
adjusted liver weights) were observed at the same dose.
    There was no evidence of carcinogenicity in rats and mice at 
acceptable dose levels. As a result, EPA has classified azoxystrobin as 
``not likely to be carcinogenic to humans.'' Azoxystrobin induced a 
weak mutagenic response in the mouse lymphoma assay, but the activity 
expressed in vitro is not expected to be expressed in whole animals.
    Specific information on the studies received and the nature of the 
adverse effects caused by azoxystrobin as well as the no-observed-
adverse-effect-level (NOAEL) and the LOAEL from the toxicity studies 
can be found at http://www.regulations.gov in document ``Azoxystrobin. 
Human Health Risk Assessment for a Section 3 Amendment to Reduce the 
Preharvest Interval for Barley Grain and Straw and to Add Seed 
Treatment Uses on Head and Stem Brassica Vegetables (Subgroup 5A) and 
Sorghum, Grain.'', pages 48-51 in docket ID number EPA-HQ-OPP-2009-
0076.

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 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-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 azoxystrobin used for 
human risk assessment can be found at http://www.regulations.gov in 
document ``Azoxystrobin. Human Health Risk Assessment for a Section 3 
Amendment to Reduce the Preharvest Interval for Barley Grain and Straw 
and to Add Seed Treatment Uses on Head and Stem Brassica Vegetables 
(Subgroup 5A) and Sorghum, Grain.'', pages 19-20 in docket ID number 
EPA-HQ-OPP-2009-0076.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to azoxystrobin, EPA considered exposure under the petitioned-
for tolerances as well as all existing azoxystrobin tolerances in 40 
CFR 180.507. EPA assessed dietary exposures from azoxystrobin 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.

[[Page 53176]]

    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 used tolerance-
level residues and assumed 100 percent crop treated (PCT).
    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 used tolerance-level 
residues, incorporated PCT data for some existing uses and assumed 100 
PCT for the remaining crops including barley.
    iii. Cancer. Based on the absence of carcinogenicity in two 
adequate rodent carcinogenicity studies, EPA has classified 
azoxystrobin as ``not likely to be carcinogenic to humans;'' therefore, 
a quantitative exposure assessment to evaluate cancer risk is 
unnecessary.
    iv. Percent crop treated (PCT) information. Section 408(b)(2)(F) of 
FFDCA states that the Agency may use data on the actual percent of food 
treated for assessing chronic dietary risk only if:
    <bullet> Condition a: The data used are reliable and provide a 
valid basis to show what percentage of the food derived from such crop 
is likely to contain the pesticide residue.
    <bullet> Condition b: The exposure estimate does not underestimate 
exposure for any significant subpopulation group.
    <bullet> Condition c: Data are available on pesticide use and food 
consumption in a particular area, the exposure estimate does not 
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any 
estimates used. To provide for the periodic evaluation of the estimate 
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require 
registrants to submit data on PCT.
    The Agency used PCT information as follows:
    Almonds, 25%; apricot, 15%; artichoke, 25%; asparagus, 2.5%; 
blackberries, 5%; blueberries, 10%; broccoli, 5%; cabbage, 5%; 
cantaloupes, 10%; carrot, 10%; cauliflower, 2.5%; celery, 10%; cherry, 
5%; cottonseed, 5%; cucumber, 15%; dried beans/peas, 1%; field corn, 
2.5%; filbert (hazelnut), 5%; garlic, 60%; grape, 5%; grapefruit, 25%; 
green beans, 5% lettuce, 2.5%; mustard greens, 15%; onion, 10%; orange, 
5%; green peas, 2.5%; peach, 5%; peanut, 15%; pecan, 2.5%; pepper, 15%; 
pistachio, 20%; potato, 30%; pumpkin, 20%; raspberry, 5%; rice, 35%; 
soybean, 2.5%; spinach, 10%; squash, 15%; strawberry, 30%; sugar beets, 
5%; sweet corn, 10%; tangerine, 20%; tomato, 15%; walnut, 1%; 
watermelon, 20%; and wheat, 2.5%.
    In most cases, EPA uses available data from USDA/National 
Agricultural Statistics Service (USDA/NASS), proprietary market 
surveys, and the National Pesticide Use Database for the chemical/crop 
combination for the most recent 6 years. EPA uses an average PCT for 
chronic dietary risk analysis. The average PCT figure for each existing 
use is derived by combining available public and private market survey 
data for that use, averaging across all observations, and rounding to 
the nearest 5%, except for those situations in which the average PCT is 
less than one. In those cases, 1% is used as the average PCT and 2.5% 
is used as the maximum PCT. EPA uses a maximum PCT for acute dietary 
risk analysis. The maximum PCT figure is the highest observed maximum 
value reported within the recent 6 years of available public and 
private market survey data for the existing use and rounded up to the 
nearest multiple of 5%.
    The Agency believes that the three conditions discussed in Unit 
III.C.1.iv. have been met. With respect to Condition a, PCT estimates 
are derived from Federal and private market survey data, which are 
reliable and have a valid basis. The Agency is reasonably certain that 
the percentage of the food treated is not likely to be an 
underestimation. As to Conditions b and c, regional consumption 
information and consumption information for significant subpopulations 
is taken into account through EPA's computer-based model for evaluating 
the exposure of significant subpopulations including several regional 
groups. Use of this consumption information in EPA's risk assessment 
process ensures that EPA's exposure estimate does not understate 
exposure for any significant subpopulation group and allows the Agency 
to be reasonably certain that no regional population is exposed to 
residue levels higher than those estimated by the Agency. Other than 
the data available through national food consumption surveys, EPA does 
not have available reliable information on the regional consumption of 
food to which azoxystrobin may be applied in a particular area.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for azoxystrobin in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of azoxystrobin. 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 First Index Reservoir Screening Tool (FIRST) and 
Screening Concentration in Ground Water (SCI-GROW) models, the 
estimated drinking water concentrations (EDWCs) of azoxystrobin for 
surface water are estimated to be 173 parts per billion (ppb) for acute 
exposures and 33 ppb for chronic exposures. For ground water, the 
estimated drinking water concentration is 3.1 ppb.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For acute dietary risk 
assessment, the water concentration value of 173 ppb was used to assess 
the contribution to drinking water. For chronic dietary risk 
assessment, the water concentration of value 33 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).
    Azoxystrobin is currently registered for the following uses that 
could result in residential exposures: Turf grass, ornamentals, indoor 
surfaces, and treated paints (preservative incorporation). EPA assessed 
residential exposure using the following assumptions: Adults were 
assessed for short-term inhalation exposures when mixing, loading and 
applying azoxystrobin. For short-term and intermediate-term 
postapplication exposures, toddlers and children were assessed for 
incidental oral exposure (hand-to-mouth exposure, object-to-mouth 
exposure and exposure through incidental ingestion of soil) from 
contact with treated foliage and surfaces. Adults were not assessed for 
intermediate-term risk, as intermediate-term residential handler 
scenarios are not expected to occur. A dermal exposure assessment was 
not conducted for residential handlers or for postapplication 
activities because no dermal endpoint was identified.
    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

[[Page 53177]]

substances that have a common mechanism of toxicity.''
    EPA has not found azoxystrobin to share a common mechanism of 
toxicity with any other substances, and azoxystrobin does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
azoxystrobin 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 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 
toxicity database for azoxystrobin is complete and includes prenatal 
developmental toxicity studies in rats and rabbits and a 2-generation 
reproduction study in rats. In these studies, offspring toxicity was 
observed at equivalent or higher doses than those resulting in parental 
toxicity; thus, there is no evidence of increased susceptibility and 
there are no residual uncertainties with regard to prenatal and/or 
postnatal toxicity.
    3. Conclusion. EPA has reduced the FQPA SF to 3X in assessing acute 
dietary risk. An additional safety factor is needed for acute risk 
assessment to account for the use of a LOAEL from the acute 
neurotoxicity study in rats in deriving the acute reference dose used 
for assessing acute dietary exposure for all populations including 
infants and children. EPA has determined that reliable data show that 
it would be safe for infants and children to reduce the FQPA safety 
factor to 1X. To account for the use of a LOAEL from the acute 
neurotoxicity study in rats the Agency believes that a 3X FQPA SF (as 
opposed to a 10X) will be adequate to extrapolate a NOAEL in assessing 
acute risk and that no additional safety factor is needed for short-
term, intermediate-term, and chronic risk assessment based on the 
following considerations:
    i. The concern is low for the use of a LOAEL to extrapolate a 
NOAEL, given the relatively insignificant nature of the effect 
(transient diarrhea seen in the rat); the fact that diarrhea was only 
seen in studies involving gavage dosing in the rat but not in repeat 
dosing through dietary administration in rats, mice, rabbits, and dogs; 
the very high dose level needed to reach the acute oral lethal dose 
(LD)<INF>50</INF> (>5000 milligrams/kilogram (mg/kg)), and the overall 
low toxicity of azoxystrobin. NOAELs were used for short-term, 
intermediate-term, and chronic risk assessments.
    ii. The toxicity database for azoxystrobin is complete except for 
immunotoxicity testing. Recent changes to 40 CFR part 158 make 
immunotoxicity testing (OPPTS Guideline 870.7800) required for 
pesticide registration; however, the existing data are sufficient for 
endpoint selection for exposure/risk assessment scenarios, and for 
evaluation of the requirements under the FQPA. There are no indications 
in the available studies that organs associated with immune function, 
such as the thymus and spleen, are affected by azoxystrobin and 
azoxystrobin 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 
in this unit, EPA does not believe that conducting the immunotoxicity 
study will result in a dose less than the point of departure already 
used in this risk assessment, and an additional database uncertainty 
factor for potential immunotoxicity does not need to be applied.
    iii. Clinical signs noted in the acute and subchronic neurotoxicity 
studies were not considered treatment related because of a lack of 
dose-response, inconsistency of observations at different time points, 
variability of pretreatment values and/or small magnitude of response. 
There is no need for a developmental neurotoxicity study or additional 
UFs to account for neurotoxicity.
    iv. There is no evidence that azoxystrobin results in increased 
susceptibility to in utero rats or rabbits in the prenatal 
developmental studies or in young rats in the 2-generation reproduction 
study.
    v. The acute and chronic dietary exposure assessments were 
performed based on tolerance-level residues. The acute dietary 
assessment incorporated 100 PCT information, and the chronic dietary 
exposure assessment was somewhat refined using PCT information for 
selected crops. EPA made conservative (protective) assumptions in the 
ground and surface water modeling used to assess exposure to 
azoxystrobin in drinking water. EPA used similarly conservative 
assumptions to assess postapplication exposure of children as well as 
incidental oral exposure of toddlers. These assessments will not 
underestimate the exposure and risks posed by azoxystrobin.

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. Using the exposure assumptions discussed in this unit 
for acute exposure, the acute dietary exposure from food and water to 
azoxystrobin will occupy 70% of the aPAD for children 1-2 years old, 
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 
azoxystrobin from food and water will utilize 9.6% of the cPAD for 
children 1-2 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 
azoxystrobin is not expected.
    3. Short-term and intermediate-term risk. Short-term and 
intermediate-term aggregate exposure takes into account short-term and 
intermediate-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level). Azoxystrobin 
is currently registered for uses that could result in short-term and 
intermediate-term residential exposure and the Agency has determined 
that it

[[Page 53178]]

is appropriate to aggregate chronic exposure through food and water 
with short-term and intermediate-term residential exposures to 
azoxystrobin.
    Using the exposure assumptions described in this unit for short-
term and intermediate-term exposures, EPA has concluded the combined 
short-term food, water, and residential exposures result in an 
aggregate MOE of 240 for children 1-2 years old (the population group 
receiving the greatest exposure), and has concluded the combined 
intermediate-term food, water, and residential exposures result in an 
aggregate MOE of 340 for children 1-2 years old (the population group 
receiving the greatest intermediate-term exposure). As the aggregate 
MOEs for short-term and intermediate-term exposure are greater than 100 
(the LOC) for all population subgroups assessed, short-term and 
intermediate-term aggregate exposures to azoxystrobin are not of 
concern to EPA.
    4. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in mice and rats in two adequate 
carcinogenicity studies, azoxystrobin was classified as ``not likely to 
be carcinogenic to humans,'' and is not expected to pose a cancer risk 
to humans.
    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 azoxystrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodologies are available to enforce the 
tolerance expression and have been submitted to FDA for inclusion in 
the Pesticide Analytical Manual (PAM) Volume II: A gas chromatography 
method with nitrogen-phosphorus detection (GC/NPD), RAM 243/04, for the 
enforcement of tolerances for residues of azoxystrobin and its Z-isomer 
in crop commodities; and a GC/NPD method, RAM 255/01, for the 
enforcement of tolerances of azoxystrobin in livestock commodities. The 
method 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: 
<a href="/cdn-cgi/l/email-protection#3c4e594f555849595159485453584f7c594c5d125b534a"><span class="__cf_email__" data-cfemail="522037213b3627373f37263a3d3621123722337c353d24">[email protected]</span></a>.

B. International Residue Limits

    Codex Maximum Residue Limits (MRLs) have been established for 
azoxystrobin in or on barley grain at 0.5 ppm; and straw and fodder of 
cereal grains (except maize) at 15 ppm. The Codex MRLs for barley grain 
and straw are based on field trials conducted in Europe and on residues 
present at a 35-42 day pre-harvest interval (PHI). The recommended U.S. 
tolerances on barley grain (3.0 ppm) and straw (7.0 ppm) are based on 
residues present at a 14-day PHI. The U.S. tolerance for barley grain 
is higher due to the shorter PHI; thus, the barley grain tolerance and 
MRLs cannot be harmonized between the U.S. and Codex. Codex MRLs for 
forages, straws and the like are set on a dry-weight basis, whereas 
U.S. tolerances are set on an as-fed basis; therefore, the U.S. 
tolerance on barley straw cannot be harmonized with the Codex MRL for 
straw and fodder of cereal grains (including barley, oats, rice and 
wheat data) at this time.

C. Revisions to Petitioned-For Tolerances

    Based upon review of the data supporting the petition, EPA has 
revised the existing tolerance for barley bran from 0.2 ppm to 6.0 ppm. 
Based on previously-submitted wheat processing data, a tolerance for 
barley bran was established at 0.2 ppm; however, the proposed PHI 
reduction for barley grain results in higher residues in barley grain 
and the potential for increased residues in barley bran. Using the 
highest average field trial data for barley grain harvested at the 14-
day PHI (1.85 ppm) and the concentration factor for wheat bran (3x), 
expected residues in barley bran would be 5.55 ppm. The expected barley 
bran residues exceed the proposed tolerance increase for barley grain 
at 3.0 ppm and the existing tolerance for barley bran at 0.2 ppm. 
Therefore, the Agency is increasing the established tolerance for 
azoxystrobin in or on barley bran from 0.2 ppm to 6.0 ppm.
    Additionally, EPA has revised the tolerance expression to clarify:
    1. That, as provided in FFDCA section 408(a)(3), the tolerance 
covers metabolites and degradates of azoxystrobin not specifically 
mentioned; and
    2. That compliance with the specified tolerance levels is to be 
determined by measuring only the specific compounds mentioned in the 
tolerance expression. This change was made to both the tolerance 
expressions for plant commodities and animal commodities because it 
makes no substantive change to the meaning of the tolerance but rather 
only clarifies the existing language.

V. Conclusion

    Therefore, established tolerances are amended for residues of 
azoxystrobin, [methyl( E )-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-
yloxy)phenyl)-3-methoxyacrylate] and the Z-isomer of azoxystrobin, 
[methyl( Z )-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3 
methoxyacrylate], in or on barley, bran at 6.0 ppm; barley, grain at 
3.0 ppm; and barley, straw at 7.0 ppm.

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

[[Page 53179]]

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: October 7, 2009.
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 180.507 is amended in paragraph (a)(1) by revising the 
introductory text and by revising the entries for ``Barley, bran''; 
``Barley, grain''; and ``Barley, straw'' in the table; and in paragraph 
(a)(2) by revising the introductory text to read as follows:


Sec.  180.507  Azoxystrobin; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
fungicide, azoxystrobin, including its metabolites and degradates, in 
or on the commodities in the following table. Compliance with the 
tolerance levels specified in the table is to be determined by 
measuring only the sum of azoxystrobin, [methyl( E )-2-(2-(6-(2-
cyanophenoxy) pyrimidin-4-yloxy)phenyl)-3-methoxyacrylate], and the Z-
isomer of azoxystrobin [methyl( Z )-2-(2-(6-(2-cyanophenoxy)pyrimidin-
4-yloxy)phenyl)-3 methoxyacrylate] in or on the commodity.

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Barley, bran.........................................                6.0
                                * * * * *
Barley, grain........................................                3.0
                                * * * * *
Barley, straw........................................                7.0
                                * * * * *
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the fungicide, 
azoxystrobin, including its metabolites and degradates, in or on the 
commodities in the following table. Compliance with the tolerance 
levels specified in the table is to be determined by measuring only the 
sum of azoxystrobin, [methyl( E )-2-(2-(6-(2-cyanophenoxy) pyrimidin-4-
yloxy)phenyl)-3-methoxyacrylate], and the Z-isomer of azoxystrobin 
[methyl( Z )-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3 
methoxyacrylate] in or on the commodity.
* * * * *

[FR Doc. E9-24813 Filed 10-15-09; 8:45 am]
BILLING CODE 6560-50-S


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