15880 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

butyl, R-(+)-n-butyl-2-(4(4-cyano-2- 

fluorophenoxy)-phenoxy)propionate, 

plus cyhalopfop acid, R-(+)-2-(4(4- 

cyano-2-fluorophenoxy)- 

phenoxy)propionic acid) and the di-acid 

metabolite, (2R)-4-[4-(1- 

carboxyethoxy)phenoxy]-3- 

fluorobenzoic acid, in or on rice, grain 

and rice, wild, grain at 0.03 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 

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: March 27, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.576 is amended by 

revising the table in paragraph (a) to 

read as follows: 

§ 180.576 Cyhalofop-butyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

Rice, grain ...................... 0.03 

Rice, wild, grain .............. 0.03 

* * * * * 

[FR Doc. E9–7990 Filed 4–7–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0272; FRL–8406–6] 

Spiromesifen; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for the combined residues of 

spiromesifen (2-oxo-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-4-yl 3,3-dimethylbutanoate) and its 

enol metabolite (4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one), calculated as the parent 

compound equivalents, in or on pop 

corn grain and stover. Bayer 

CropScience requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). In addition, this 

regulation establishes tolerances for 

sweet corn, kernel, stover, and forage; 

and berry, lowgrowing, subgroup 13G. 

Interregional Research Project No. 4 (IR4) requested these tolerances under the 

FFDCA. Additionally, the existing 

tolerance for strawberry is being deleted 

because it is superseded by the 

tolerances established for low growing 

berry subgroup 13–07G. Also, the 

tolerances for milk fat and meat 

byproducts of cattle, goats, horses, and 

sheep are being increased.In addition, 

this action establishes time-limited 

tolerances for the combined residues of 

spiromesifen (2-oxo-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-4-yl 3,3-dimethylbutanoate) and its 

enol metabolite (4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one), calculated as the parent 

compound equivalents, in or on soybean 

commodities in response to the 

approval of a specific exemption under 

section 18 of the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

authorizing the use of spiromesifen on 

soybeans to control spider mites. The 

time-limited tolerances expire and are 

revoked on December 31, 2011. 

DATES: This regulation is effective April 

8, 2009. Objections and requests for 

hearings must be received on or before 

June 8, 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). 


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ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0272. 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: 

Jennifer Gaines, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5967; e-mail address: 

gaines.jennifer@epa.gov. Andrea 

Conrath, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9356; e-mail address: 

conrath.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

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–2008–0272 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 June 8, 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–2008–0272, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of May 16, 

2008 (73 FR 28462) (FRL–8361–6), 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 8E7340) by 

Interregional Research Project Number 4 

(IR-4), Rutgers, The State University of 

NJ, 500 College Road East, Suite 201 W. 

Princeton, NJ 08540. The petition 

requested that 40 CFR 180.607 be 

amended by establishing tolerances for 

combined residues of the insecticide 

spiromesifen (2-oxo-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-4-yl 3,3-dimethylbutanoate) and its 

enol metabolite (4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one), calculated as the parent 

compound equivalents, in or on corn, 

sweet, kernel plus cob with husks 

removed at 0.02 parts per million (ppm); 

corn, sweet, forage at 6.0 ppm, corn, 

sweet, stover at 7.0 ppm, berry and 

small fruit, low growing berry, subgroup 

13–07G at 2.0 ppm and delete existing 

tolerance for strawberry at 2.0 ppm 

since residues of spiromesifen on 

strawberry will be covered by the 

tolerance proposed for berry and small 

fruit, low growing berry, subgroup. That 

notice referenced a summary of the 

petition prepared by IR-4 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. 

In the Federal Register of November 

5, 2008 (73 FR 65851) (FRL–8385–1), 

EPA issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 8F7338) by Bayer 

CropScience, 2 T.W. Alexander Drive, 

P.O. Box 12014, Research Triangle Park, 

NC 27709. The petition requested that 

40 CFR 180.607 be amended by 

establishing tolerances for combined 

residues of the insecticide spiromesifen 

(2-oxo-3-(2,4,6-trimethylphenyl)-1- 

oxaspiro[4.4]non-3-en-4-yl 3,3- 

dimethylbutanoate) and its enol 

metabolite (4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one), calculated as the parent 

compound equivalents, in or on pop 

corn grain at 0.02 ppm and pop corn 

stover at 1.5 ppm. One comment was 

received on the notice of filing. EPA’s 

response to this comment is discussed 

in Unit IV.C. 


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Based upon review of the data 

supporting the petition, EPA has revised 

the tolerances on corn, sweet, forage; 

corn, sweet, stover; and berry and small 

fruit, low growing berry, subgroup 13– 

07G. The Agency has also determined 

from the residue data on the new uses 

that the tolerances for meat, byproducts 

of cattle, goats, horses, and sheep, and 

milk, fat need to be raised. The reason 

for these changes are explained in Unit 

IV.D. 

EPA is also establishing time-limited 

tolerances for residues of spiromesifen 

in or on soybean at 0.02 ppm; soybean, 

forage at 30 ppm; and soybean, hay at 

86 ppm. These tolerances expire and are 

revoked on December 31, 2011. The 

Agency is establishing these timelimited tolerances in response to a 

specific exemption request under FIFRA 

section 18 on behalf of the Delaware 

Department of Agriculture for 

emergency use of spiromesifen on 

soybeans to control spider mites. 

According to the applicant, 

decreasing effectiveness of the available 

controls, coupled with season-long dry 

weather conducive to mite 

development, led to spider mite levels 

in soybean fields that were well above 

levels which would cause crop damage 

leading to significant economic losses. 

In the most heavily infested areas, 

significant yield losses of 50–70% were 

expected. Thus the applicant requested 

use of spiromesifen to address this 

emergency pest situation. 

As part of its assessment of the 

emergency exemption request, EPA 

assessed the potential risks presented by 

the residues of spiromesifen in or on 

these soybean commodities. In doing so, 

EPA considered the safety standard in 

section 408 (b) (2) of the FFDCA, and 

EPA decided that the necessary timelimited tolerances under section 408 (1) 

(6) of the 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 the 

urgent non-routine situation and to 

ensure that the resulting food is safe and 

lawful, EPA is issuing these timelimited tolerances without notice and 

opportunity for public comment as 

provided in section 408 (1) (6) of the 

FFDCA. Although, these time-limited 

tolerances expire and are revoked on 

December 31, 2011, under section 408 

(1) (5) of the FFDCA, residues of the 

pesticide not in excess of the amount 

specified in the tolerances remaining in 

or on soybeans, soybean hay, or soybean 

forage after that date will not be 

unlawful, provided the pesticide is 

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 application. EPA will take action to 

revoke these time-limited tolerances 

earlier if any experience with, scientific 

data, or other relevant information on 

this pesticide indicates 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 spiromesifen 

meets EPA’s registration requirements 

for use on soybean or whether a 

permanent tolerance for this use would 

be appropriate. Under this 

circumstance, EPA does not believe that 

the time-limited tolerances serve as a 

basis for registration of spiromesifen by 

a State for special local needs under 

FIFRA section 24(c). Nor do the timelimited tolerances serve as the basis for 

any State other than Delaware to use 

this pesticide on this crop under section 

18 of FIFRA without following all 

provisions of EPA’s regulations 

implementing FIFRA section 18 as 

identified in 40 CFR part 166. For 

additional information regarding the 

emergency exemption for spiromesifen, 

contact the Agency’s Registration 

Division at the address provided under 

FOR FURTHER INFORMATION CONTACT. 

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 combined residues of 

spiromesifen (2-oxo-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-4-yl 3,3-dimethylbutanoate) and its 

enol metabolite (4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one), calculated as the parent 

compound equivalents, on corn, sweet, 

forage at 6.0 ppm; corn, sweet, kernel 

plus cob with husks removed at 0.02 

ppm; corn, sweet, stover at 7.0 ppm; 

pop corn grain at 0.02 ppm; pop corn 

stover at 1.5 ppm; soybean at 0.02 ppm; 

soybean, forage at 30 ppm; soybean, hay 

at 86 ppm; and berry and small fruit, 

low growing berry, subgroup 13-07G at 

2.0 ppm. In addition, the available 

residue chemistry, toxicology or 

occupational databases supports the 

tolerances for milk, fat at 0.25 ppm; and 

meat, byproducts of cattle, goats, horses, 

and sheep at 0.20 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. 

Spiromesifen shows low acute 

toxicity via the oral, dermal and 

inhalation routes of exposure. It was 

neither an eye nor dermal irritant, but 

showed moderate potential as a contact 

sensitizer in a Magnusson and Kligman 

maximization assay. In short-term and 

long-term animal toxicity tests, the 

critical effects observed were loss of 

body weight, adrenal effects 

(discoloration, decrease in fine 

vesiculation, and the presence of 

cytoplasmic eosinophilia in zona 

fasciculata cells), thyroid effects 

(increased thyroid stimulating hormone, 

increased thyroxine binding capacity, 

decreased T3 and T4 levels, colloidal 

alteration and thyroid follicular cell 

hypertrophy), liver effects (increased 

alkaline phosphatase, ALT and 

decreased cholesterol, triglycerides), 

and spleen effects (atrophy, decreased 

spleen cell count, and increased 

macrophages). Spiromesifen shows no 

significant developmental or 

reproductive effects, is not likely to be 

carcinogenic based on bioassays in rat 

and mouse, and lacks in vivo and in 

vitro mutagenic effects. Spiromesifen is 

not considered a neurotoxic chemical 

based on the chemical’s mode of action 


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and the available data from multiple 

studies, including acute and subchronic 

neurotoxicity studies. 

Specific information on the studies 

received and the nature of the adverse 

effects caused by spiromesifen as well 

as the no-observed-adverse-effect-level 

(NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the 

toxicity studies can be found at http:// 

www.regulations.gov in document 

Spiromesifen: Human-Health Risk 

Assessment for Proposed Section 3 Uses 

on Pop Corn, Sweet Corn, Low-Growing 

Berry Subgroup; and Section 18 

Emergency Exemption Use on Soybean, 

pages 17–25 in docket ID number EPA– 

HQ–OPP–2008–0272 and memo, 

D300469, February 17, 2005. 

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 spiromesifen used for 

human risk assessment can be found at 

http://www.regulations.gov in document 

Spiromesifen: Human-Health Risk 

Assessment for Proposed Section 3 Uses 

on Pop Corn, Sweet Corn, Low-Growing 

Berry Subgroup; and Section 18 

Emergency Exemption Use on Soybean, 

page 25 in docket ID number EPA–HQ– 

OPP–2008–0272. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. In evaluating dietary 

exposure to spiromesifen, EPA 

considered exposure under the 

petitioned-for tolerances as well as all 

existing spiromesifen tolerances in (40 

CFR 180.607). EPA assessed dietary 

exposures from spiromesifen in food as 

follows: 

i. Acute exposure. Quantitative acute 

dietary exposure and risk assessments 

are performed for a food-use pesticide, 

if a toxicological study has indicated the 

possibility of an effect of concern 

occurring as a result of a 1–day or single 

exposure. 

No such effects were identified in the 

toxicological studies for spiromesifen; 

therefore, a quantitative acute dietary 

exposure assessment is unnecessary. 

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 tolerance-level residues for all 

commodities except for the leafy-green 

and leafy-Brassica vegetable subgroups 

(4A and 5B). The tolerance values for 

leafy vegetables were adjusted upward 

to account for the metabolite BSN 2060- 

4-hydroxymethyl (free and conjugated), 

which is a residue of concern in leafy 

vegetables for risk assessment purposes 

only. EPA used data from the 

metabolism studies to create a toleranceequivalent value for the parent 

spiromesifen and the BSN 2060-4- 

hydroxymethyl metabolite to estimate 

residues in leafy vegetables. DEEM 7.81 

default processing factors and 100 

percent crop treated (PCT) were 

assumed for all commodities. 

iii. Cancer. Due to no evidence of 

carcinogenic effects in the submitted rat 

and mouse cancer studies, spiromesifen 

has been classified as ‘‘not likely to be 

carcinogenic to humans.’’ Therefore, an 

exposure assessment to evaluate cancer 

risk was not performed. 

iv. Anticipated residue and PCT 

information. EPA did not use 

anticipated residue and/or PCT 

information in the dietary assessment 

for spiromesifen. Tolerance level 

residues were used for all food 

commodities except for the leafy-green 

and leafy-Brassica vegetable subgroups 

(4A and 5B). For these subgroups, the 

residue values were adjusted to account 

for the metabolite BSN 2060-4- 

hydroxymethyl (free and conjugated), 

which is a residue of concern in leafy 

vegetables for risk assessment purposes 

only. 100 PCT was assumed for all food 

commodities. 

2. Dietary exposure from drinking 

water. The Agency lacks sufficient 

monitoring data to complete a 

comprehensive dietary exposure 

analysis and risk assessment for 

spiromesifen in drinking water. Because 

the Agency does not have 

comprehensive monitoring data, the 

Agency used screening level water 

exposure models in the dietary exposure 

analysis and risk assessment for 

spiromesifen in drinking water. These 

simulation models take into account 

data on the physical, chemical, and fate/ 

transport characteristics of 

spiromesifen. 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. 

Parent spiromesifen is not likely to 

persist in the environment as it readily 

undergoes both biotic and abiotic 

degradation; however, its primary 

degradate BSN2060-enol is expected to 

persist. While parent spiromesifen 

strongly sorbs to sediment and is not 

likely to be mobile, its major degradates, 

BSN2060-enol and BSN2060-carboxy, 

do not sorb to sediment and are 

expected to leach into ground water. 

Spiromesifen has limited solubility in 

water (130 μg/L at 25°C) and in some 

cases has been reported to have a 

practical solubility of 40 to 50 μg/L. The 

pesticide degrades primarily through 

aerobic soil metabolism and hydrolysis; 

however, in clear shallow water it will 

ready undergo photolysis. Field studies 

indicate that spiromesifen readily 

dissipates with field dissipation halflives ranging from 2 to 10 days. 

Based on the Pesticide Root Zone 

Model/Exposure Analysis Modeling 

System (PRZM/EXAMS) and Screening 

Concentration in Ground Water (SCIGROW) models, the estimated drinking 

water concentrations (EDWCs) of 

spiromesifen for chronic exposure are 

188 parts per billion (ppb) for surface 

water and 86 ppb for ground water. For 

chronic dietary risk assessment, the 

water concentration of value 188 ppb 

was used to assess the contribution to 

drinking water. Modeled estimates of 

drinking water concentrations were 


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15884 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

directly entered into the dietary 

exposure model. 

3. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

(e.g., for lawn and garden pest control, 

indoor pest control, termiticides, and 

flea and tick control on pets). 

Spiromesifen is not registered for any 

specific use patterns that would result 

in residential exposure. 

4. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found spiromesifen to 

share a common mechanism of toxicity 

with any other substances, and 

spiromesifen does not appear to 

produce a toxic metabolite produced by 

other substances. For the purposes of 

this tolerance action, therefore, EPA has 

assumed that spiromesifen does not 

have a common mechanism of toxicity 

with other substances. For information 

regarding EPA’s efforts to determine 

which chemicals have a common 

mechanism of toxicity and to evaluate 

the cumulative effects of such 

chemicals, see EPA’s website at http:// 

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

1. In general. Section 408(b)(2)(c) of 

FFDCA provides that EPA shall apply 

an additional tenfold (10X) margin of 

safety for infants and children in the 

case of threshold effects to account for 

prenatal and postnatal toxicity and the 

completeness of the database on toxicity 

and exposure unless EPA determines 

based on reliable data that a different 

margin of safety will be safe for infants 

and children. This additional margin of 

safety is commonly referred to as the 

FQPA safety factor (SF). In applying this 

provision, EPA either retains the default 

value of 10X, or uses a different 

additional safety factor when reliable 

data available to EPA support the choice 

of a different factor. 

2. Prenatal and postnatal sensitivity. 

There is no evidence of increased 

susceptibility of rats or rabbits to in 

utero and/or postnatal exposure to 

spiromesifen. In the prenatal 

developmental toxicity studies in rats 

and rabbits and in the 2-generation 

reproduction study in rats, 

developmental toxicity to the offspring 

occurred at equivalent or higher doses 

than parental toxicity. 

3. Conclusion. EPA has determined 

that reliable data show the safety of 

infants and children would be 

adequately protected if the FQPA SF 

were reduced to 1X. That decision is 

based on the following findings: 

i. The toxicity database for 

spiromesifen is complete and no 

additional immunotoxicity of 

neurotoxicty testing is required. The 

rationale is described in this Unit: 

a. Because spleen effects were seen in 

several toxicity studies, the registrant 

pursued specialized immunotoxicity 

studies in rats and mice that were both 

negative. These studies satisfy the 

revised part 158 requirement for 

immunotoxicity testing. In addition, the 

endpoints selected for the risk 

assessment are considered protective of 

any possible immunotoxic effects. 

b. There is no concern for 

neurotoxicity resulting from exposure to 

spiromesifen. Neurotoxic effects such as 

reduced motility, spastic gait, increased 

reactivity, tremors, clonic-tonic 

convulsions, reduced activity, labored 

breathing, vocalization, avoidance 

reaction, piloerection, limp, cyanosis, 

squatted posture, and salivation were 

observed in two studies (5-day 

inhalation and subchronic oral rat) at 

high doses (134 and 536 milligrams/ 

kilogram/day (mg/kg/day), respectively). 

These effects were neither reflected in 

neurohistopathology nor in other 

studies. Because these effects were not 

observed in the acute and subchronic 

neurotoxicity studies, they were not 

considered reproducible. Thus, based 

on the chemical’s mode of action and 

the available data from multiple studies, 

the chemical is not considered 

neurotoxic. 

ii. There is no evidence that 

spiromesifen results in increased 

susceptibility in utero rats or rabbits in 

the prenatal developmental studies or in 

young rats in the 2-generation 

reproduction study. A developmental 

neurotoxicity study is not required. 

iii. There are no residual uncertainties 

identified in the exposure databases. 

The dietary food exposure assessments 

were performed based on 100 PCT and 

tolerance-level residues. EPA made 

conservative (protective) assumptions in 

the ground water and surface water 

modeling used to assess exposure to 

spiromesifen in drinking water. These 

assessments will not underestimate the 

exposure and risks posed by 

spiromesifen. 

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. Shortterm, intermediate-term, and chronicterm risks are evaluated by comparing 

the estimated aggregate food, water, and 

residential exposure to the POD to 

ensure that the MOE called for by the 

product of all applicable UFs is not 

exceeded. 

1. Acute risk. An acute aggregate risk 

assessment takes into account exposure 

estimates from acute dietary 

consumption of food and drinking 

water. No adverse effect resulting from 

a single-oral exposure was identified 

and no acute dietary endpoint was 

selected. Therefore, an acute aggregate 

exposure assessment was not 

conducted. 

2. Chronic risk. Using the exposure 

assumptions described in this unit for 

chronic exposure, EPA has concluded 

that chronic exposure to spiromesifen 

from food and water will utilize 77% of 

the cPAD for (all infants <1 year old) the 

population group receiving the greatest 

exposure. 

3. Short-term risk and intermediateterm risk. Short-term and intermediateterm aggregate exposure takes into 

account short-term residential exposure 

plus chronic exposure to food and water 

(considered to be a background 

exposure level). 

Spiromesifen is not registered for any 

use patterns that would result in 

residential exposure. Therefore, the 

short-term aggregate risk is the sum of 

the risk from exposure to spiromesifen 

through food and water and will not be 

greater than the chronic aggregate risk. 

4. Aggregate cancer risk for U.S. 

population. Spiromesifen has been 

classified as ‘‘not likely to be 

carcinogenic to humans.’’ Spiromesifen 

is not expected to pose a cancer risk. 

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 spiromesifen 

residues. 


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IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

high-performance liquid 

chromatography/mass spectroscopy 

(HPLC/MS/MS)/Method 00631/M001) is 

available to enforce the tolerance 

expression. 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: 

residuemethods@epa.gov. 

B. International Residue Limits 

No Codex, Canadian, or Mexican 

MRLs have been established for residues 

of spiromesifen and its metabolites on 

the requested crops. 

C. Response to Comments 

One comment was received from a 

private citizen who opposed the 

authorization to sell to any pesticide 

that leaves a residue on food. The 

Agency has received this same comment 

from this commenter on numerous 

previous occasions and rejects it for the 

reasons previously stated in the Federal 

Register of January 7, 2005 (70 FR 1349) 

(FRL–7691–4.) 

D. Revisions to Petitioned-For 

Tolerances 

1. Corn, sweet, forage; corn, sweet, 

stover; corn, pop, grain; corn, pop, 

stover; and berry, lowgrowing, subgroup 

13G: Using the North American Free 

Trade Agreement (NAFTA) Maximum 

Residue Limit (MRL) Tolerance 

Harmonization Workgroup methodology 

for evaluating field trial data, the 

Agency determined that the following 

modifications to the requested 

tolerances should be made: Corn, sweet, 

forage proposed at 6.0 ppm should be 17 

ppm; and corn, sweet, stover proposed 

at 7.0 ppm should be 12 ppm. 

Additionally, the terminology should be 

corrected for berry and small fruit, low 

growing berry, subgroup 13-07G.2. 

2. Meat, byproducts of cattle, goats, 

horses, and sheep; milk, fat: The Agency 

has also determined from the residue 

data on the new uses, the newly 

calculated maximum reasonable dietary 

burden for dairy cattle, and the reside 

data from an available ruminant feeding 

study, it is appropriate to raise the 

tolerances for meat, byproducts of cattle, 

goats, horses, and sheep to 0.20 ppm; 

and to raise the tolerance for milk, fat 

to 0.25 ppm. 

V. Conclusion 

Therefore, tolerances are established 

for combined residues of insecticide 

spiromesifen (2-oxo-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-4-yl 3,3-dimethylbutanoate) and its 

enol metabolite (4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one), calculated as the parent 

compound equivalents, in or on corn, 

sweet, kernel plus cob with husks 

removed at 0.02 ppm; corn, sweet, 

forage at 17 ppm; corn, sweet, stover at 

12 ppm; berry and small fruit; berry, 

lowgrowing, subgroup 13G at 2.0 ppm 

and delete existing tolerance for 

strawberry at 2.0 ppm since residues of 

spiromesifen on strawberry will be 

covered by the tolerance proposed for 

berry and small fruit, low growing berry, 

subgroup. In addition, this regulation 

establishes time-limited tolerances for 

residues of spiromesifen and its enol 

metabolite, in or on soybeans at 0.02 

ppm; soybean, forage at 30 ppm; and 

soybean, hay at 86 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 

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: March 30, 2009. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 


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15886 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

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

■ 2. Section 180.607 is amended as 

follows: 

■ i. In paragraph (a)(1), in the table, by 

removing the commodity strawberry 

and alphabetically adding the following 

commodities; 

■ ii. In paragraph (a)(2), in the table, by 

revising the tolerance level for cattle, 

meat byproducts; goat, meat by 

products; horse, meat byproducts; milk, 

fat; and sheep, meat byproducts; and 

■ iii. By adding paragraph (b). 

The amendments read as follows: 

§ 180.607 Spiromesifen; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

*****

Berry and small fruit, low growing berry, subgroup 13-07G ........................................................................... 2.0 

*****

Corn, pop, grain ............................................................................................................................................... 0.02 

Corn, pop, stover ............................................................................................................................................. 4.0 

Corn, sweet, forage ......................................................................................................................................... 17 

Corn, sweet, kernel plus cob with husks removed ......................................................................................... 0.02 

*****

Corn sweet, stover ........................................................................................................................................... 12 

*****

(2) * * * 

Commodity Parts per million 

*****

Cattle, meat byproducts ................................................................................................................................... 0.20 

*****

Goat, meat byproducts .................................................................................................................................... 0.20 

*****

Horse, meat byproducts .................................................................................................................................. 0.20 

*****

Milk, fat ............................................................................................................................................................ 0.25 

*****

Sheep, meat byproducts 0.20 

(b) Section 18 emergency exemptions. 

Time-limited tolerances specified in the 

following table are established for 

combined residues of spiromesifen, (2- 

oxo-3-(2,4,6-trimethylphenyl)-1- 

oxaspiro[4.4]non-3-en-4-yl 3,3- 

dimethylbutanoate) and its enol 

metabolite (4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one), calculated as the parent 

compound equivalents in or on the 

specified agricultural commodities, 

resulting from use of the pesticide 

pursuant to FFIFRA section 18 

emergency exemptions. The tolerances 

expire and are revoked on the date 

specified in the table. 

Commodity Parts per million Expiration/revocation date 

Soybean, seed ................................................................................. 0.02 12/31/11 

Soybean, forage .............................................................................. 30 12/31/11 

Soybean, hay ................................................................................... 86 12/31/11 

[FR Doc. E9–7820 Filed 4–7–09; 8:45 am] 

BILLING CODE 6560–50–S 


rwilkins on PROD1PC63 with RULES