[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Rules and Regulations]
[Pages 3328-3333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00562]



40 CFR Part 180

[EPA-HQ-OPP-2011-0962; FRL-9371-1]

Fluroxypyr; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: This regulation establishes tolerances for residues of 
fluroxypyr in or on rice bran and rice grain. Dow AgroSciences LLC 
requested these tolerances under the Federal Food, Drug, and Cosmetic 
Act (FFDCA).

DATES: This regulation is effective January 16, 2013. Objections and 
requests for hearings must be received on or before March 18, 2013, 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-2011-0962, 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), EPA West 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: Bethany Benbow, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 347-8072; email address: benbow.bethany@epa.gov.


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 
Printing 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

[[Page 3329]]

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-2011-0962 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 March 18, 2013. 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-2011-0962, 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 Confidential Business 
Information (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 
     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.htm.
    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 Tolerances

    In the Federal Register of December 30, 2011 (76 FR 82238) (FRL-
9331-1), 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 
1F7928) by Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 
46268. The petition requested that 40 CFR 180.535 be amended by 
establishing tolerances for residues of the herbicide, fluroxypyr 1-MHE 
and its acid metabolite, fluroxypyr, in or on rice at 1.5 parts per 
million (ppm) and rice bran at 3.0 ppm. That document referenced a 
summary of the petition prepared by Dow AgroSciences LLC, the 
registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the 
notice of filing.

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 fluroxypyr including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with fluroxypyr 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 
    The active ingredient used in formulating end-use herbicide 
products is fluroxypyr 1-methylheptyl ester. However, since the ester 
form has been shown to rapidly hydrolyze to the acid form, the residues 
of fluroxypyr 1-methylheptyl ester along with its fluroxypyr acid 
metabolite (free and conjugated), are collectively expressed as 
``fluroxypyr'' and are therefore regulated together for tolerance 
enforcement. In terms of toxicity, the ester and acid forms are 
considered the same.
    Fluroxypyr has low acute toxicity by the oral and dermal routes of 
exposure and moderate to mild acute toxicity by the inhalation route of 
exposure, based on lethality studies. Fluroxypyr is not a dermal 
sensitizer, nor is it irritating to the skin; however, it is a mild eye 
    The kidney is the target organ for fluroxypyr following oral 
exposure to rats, mice, and dogs. In the rat, increased kidney weight, 
nephrotoxicity, and death were observed in both sexes in the 90-day 
feeding study, and increased kidney weight and microscopic kidney 
lesions were observed in both sexes in the chronic study. Increased 
kidney weight was also observed in maternal rats in the developmental 
toxicity study, and kidney effects (deaths due to renal failure; 
increased kidney weight, and microscopic kidney lesions) were observed 
in both sexes in the 2-generation reproduction study in rats. Although 
microscopic kidney lesions were observed in dogs in the 28-day feeding 
study, no kidney effects or other treatment related toxicity were seen 
in the chronic feeding study in dogs at the same doses used in the 28-
day study. Microscopic kidney lesions were observed in mice following 
long-term exposure.
    There was no evidence of increased susceptibility (quantitative/
qualitative) following in utero exposure in rats and rabbits, or 
following pre and/or postnatal exposure in rats. Neither developmental 
toxicity nor reproductive toxicity was observed in rats. In rabbits, 
developmental toxicity was not observed following exposure to dose 
levels that resulted in maternal death; however, abortions were 
observed in rabbits following exposure to fluroxypyr at the limit dose. 
There was no evidence of neurotoxicity or neuropathology in any of the 
studies. An immunotoxicity study in rats found no indication of 
immunotoxicity. Fluroxypyr is classified ``not likely to be 
carcinogenic to humans'' due to lack of evidence to suggest 
carcinogenicity in the database, and there is no concern for its 
mutagenicity potential.
    Specific information on the studies received and the nature of the 
adverse effects caused by fluroxypyr as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document ``Fluroxypyr. Human Health Risk 
Assessment to Support Proposed New

[[Page 3330]]

Use on Rice,'' p. 15 in docket ID number EPA-HQ-OPP-2011-0962.

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://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for fluroxypyr used for 
human risk assessment is shown in the Table of this unit.

   Table--Summary of Toxicological Doses and Endpoints for Fluroxypyr for Use in Human Health Risk Assessment
                                    Point of departure
        Exposure/scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
Acute dietary (All populations)..  No adverse effects were identified following a single oral dose and there are
                                                  no developmental concerns noted in the database.
Chronic dietary (All populations)  NOAEL = 100 mg/kg/    Chronic RfD = 1 mg/  Chronic/Carcinogenicity-Rat LOAEL
                                    day.                  kg/day.              = 500 mg/kg/day, based on kidney
                                   UFA = 10x...........  cPAD = 1 mg/kg/day.   effects (increased kidney
                                   UFH = 10x...........                        weights, alterations in clinical
                                   FQPA SF = 1x........                        chemistry parameters indicative
                                                                               of impaired renal functions, and
                                                                               increase in severity of chronic
                                                                               progressive glomerulonephropathy
                                                                               in both sexes).
Incidental oral (Short- and        NOAEL = 100 mg/kg/    LOC for MOE = 100..  Chronic/Carcinogenicity-Rat LOAEL
 Intermediate term).                day.                                       = 500 mg/kg/day, based on kidney
                                   UFA = 10x...........                        effects (increased kidney
                                   UFH = 10x...........                        weights, alterations in clinical
                                   FQPA SF = 1x........                        chemistry parameters indicative
                                                                               of impaired renal functions, and
                                                                               increase in severity of chronic
                                                                               progressive glomerulonephropathy
                                                                               in both sexes).
Inhalation (all durations).......  Inhalation (or oral)  LOC for MOE = 100..  Chronic/Carcinogenicity-Rat LOAEL
                                    study NOAEL = 100                          = 500 mg/kg/day, based on kidney
                                    mg/kg/day                                  effects (increased kidney
                                    (inhalation and                            weights, alterations in clinical
                                    oral toxicity                              chemistry parameters indicative
                                    assumed to be                              of impaired renal functions, and
                                    equivalent).                               increase in severity of chronic
                                   UFA = 10x...........                        progressive glomerulonephropathy
                                   UFH = 10x...........                        in both sexes).
                                   FQPA SF = 1x........
Cancer (Oral)....................                 Classified as a ``Not Likely'' human carcinogen.
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to fluroxypyr, EPA considered exposure under the petitioned-
for tolerances as well as all existing fluroxypyr tolerances in 40 CFR 
180.535. EPA assessed dietary exposures from fluroxypyr in food as 
    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 
fluroxypyr; 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 U.S. Department 
of Agriculture's National Health and Nutrition Examination Survey, 
``What We Eat in America'' (NHANES/WWEIA) dietary survey conducted in 
2003-2008. As to residue levels in food, EPA assumed tolerance-level 
residues with 100 percent crop treated (PCT) for all existing and 
proposed crop uses and default processing factors for processed 
    iii. Cancer. EPA has concluded that fluroxypyr does not pose a 
cancer risk to humans. Therefore, a dietary exposure assessment for the 
purpose of assessing cancer risk is unnecessary.
    iv. Anticipated residue and PCT information. EPA did not use 
anticipated residue and/or PCT information in the dietary assessment 
for fluroxypyr. Tolerance level residues and 100 PCT were assumed for 
all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for fluroxypyr in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of fluroxypyr. Further information regarding EPA 
drinking water models used in pesticide exposure assessment can be 
found at

[[Page 3331]]

    Based on the Tier 1 Rice Model and Screening Concentration in 
Ground Water (SCI-GROW) models, the estimated drinking water 
concentrations (EDWCs) of fluroxypyr for acute and chronic exposures 
are both estimated to be 540 parts per billion (ppb) for surface water 
and 0.055 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For acute and chronic dietary 
risk assessment, the water concentration value of 540 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).
    Fluroxypyr is currently registered for the following uses that 
could result in residential exposures: Residential turfgrass, golf 
courses, parks and sports fields. EPA assessed residential exposure 
using the following assumptions: Residential handler exposure is 
expected to be short-term. Intermediate-term exposures are not likely 
because of the intermittent nature of applications by homeowners. Since 
there are no toxicity findings for the short-term dermal route of 
exposure up to the limit dose, only inhalation exposure was assessed 
for residential handlers of fluroxypyr. The following exposure 
scenarios were assessed for residential handlers: Loading and applying 
liquids with manually pressurized hand-wands, hose-end sprayers, and 
backpack applicators.
    For residential post-application exposure and risk estimates, EPA 
assumed that young children 1 to <2 years old may receive incidental 
oral post-application exposure to fluroxypyr from treated turf.
    A residential bystander post-application inhalation exposure 
assessment was not performed for fluroxypyr at this time because the 
chemical has low vapor pressure, is applied at a low rate, and is not 
applied via airblast. Although a quantitative residential post-
application inhalation exposure assessment was not performed as a 
result of pesticide drift from neighboring treated agricultural fields, 
an inhalation exposure assessment was performed for flaggers. This 
exposure scenario, for which no risks of concern were identified, is 
representative of a worse case inhalation (drift) exposure and may be 
considered protective of most outdoor agricultural and commercial post-
application inhalation exposure scenarios. Further information 
regarding EPA standard assumptions and generic inputs for residential 
exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    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 
fluroxypyr to share a common mechanism of toxicity with any other 
substances, and fluroxypyr does not appear to produce a toxic 
metabolite produced by other substances. For the purposes of this 
tolerance action, therefore, EPA has assumed that fluroxypyr 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 Web site 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 
    2. Prenatal and postnatal sensitivity. There is no evidence of 
increased qualitative or quantitative susceptibility following in utero 
exposure in rats and rabbits or following pre and/or postnatal exposure 
in rats.
    Fluroxypyr is neither a developmental nor a reproductive toxicant 
in rats. Fluroxypyr has been evaluated for potential developmental 
effects in the rat and rabbit (gavage administration). Maternal 
toxicity included death in rats and rabbits. There were no 
developmental effects in the rat, and while abortions were observed in 
the rabbit, they occurred only at the limit dose.
    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 
    i. The toxicity database for fluroxypyr is complete.
    ii. There is no indication that fluroxypyr is a neurotoxic chemical 
and there is no need for a developmental neurotoxicity study or 
additional UFs to account for neurotoxicity.
    iii. There is no evidence that fluroxypyr results in increased 
susceptibility in in utero rats or rabbits in the prenatal 
developmental studies or in young rats in the 2-generation reproduction 
    iv. There are no residual uncertainties identified in the exposure 
databases. The chronic dietary food exposure assessment utilizes 
tolerance level residue estimates and assumes 100 PCT for all 
commodities. This assessment will not underestimate exposure/risk. EPA 
made conservative (protective) assumptions in the ground and surface 
water modeling used to assess exposure to fluroxypyr in drinking water. 
EPA used similarly conservative assumptions to assess post-application 
exposure of children as well as incidental oral exposure of toddlers. 
These assessments will not underestimate the exposure and risks posed 
by fluroxypyr.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into 
account acute exposure estimates from 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, 
fluroxypyr is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 

[[Page 3332]]

from food and water will utilize 3.5% of the cPAD for all infants (<1 
year old), the population group receiving the greatest exposure.
    3. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level). Fluroxypyr is 
currently registered for uses that could result in short-term 
residential exposure, and the Agency has determined that it is 
appropriate to aggregate chronic exposure through food and water with 
short-term residential exposures to fluroxypyr.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water, 
and residential exposures result in aggregate MOEs of 2,500 for adult 
handlers using a backpack sprayer, and 2,400 for children's 
postapplication oral exposure. Because EPA's level of concern for 
fluroxypyr is a MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). An intermediate-term adverse effect was identified; however, 
fluroxypyr is not registered for any use patterns that would result in 
intermediate-term residential exposure. Intermediate-term risk is 
assessed based on intermediate-term residential exposure plus chronic 
dietary exposure. Because there is no intermediate-term residential 
exposure and chronic dietary exposure has already been assessed under 
the appropriately protective cPAD (which is at least as protective as 
the POD used to assess intermediate-term risk), no further assessment 
of intermediate-term risk is necessary, and EPA relies on the chronic 
dietary risk assessment for evaluating intermediate-term risk for 
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, fluroxypyr is not expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to fluroxypyr residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography/electron 
capture detection (GC/ECD methods GRM 96.02 and 96.03)) are available 
to enforce the tolerance expression. Fluroxypyr was previously tested 
through FDA's Multiresidue Methodology, Protocols C, D, and E and was 
found to be recovered. The results have been published in the FDA 
Pesticide Analytical Manual, Volume I. The GRM 96.02 and 96.03 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: 

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.
    There are no Maximum Residue Limits (MRLs) established by Codex, 
Canada, or Mexico for any of the proposed commodities for fluroxypyr.

V. Conclusion

    Therefore, tolerances are established for the combined residues of 
fluroxypyr 1-MHE and its acid metabolite fluroxypyr, in or on rice at 
1.5 ppm and rice bran at 3.0 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes 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 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 FFDCA section 408(d), 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 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 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) (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 of 1995 (NTTAA) (15 U.S.C. 272 note).

[[Page 3333]]

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: January 7, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:


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

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

2. In Sec.  180.535, in paragraph (a), revise the introductory text and 
add alphabetically the following commodities to the table to read as 

Sec.  180.535  Fluroxypyr 1-methylheptyl ester; tolerances for 

    (a) General. Tolerances are established for combined residues of 
fluroxypyr 1-methylheptyl ester [1-methylheptyl ((4-amino-3,5-dichloro-
6-fluoro-2-pyridinyl)oxy)acetate] and its metabolite fluroxypyr [((4-
amino-3,5-dichloro-6-fluoro-2-pyridinyl)oxy)acetic acid] in or on the 
following raw agricultural commodities. Compliance with the established 
tolerance levels is determined by measuring only the sum of fluroxypyr 
1-methylheptyl ester [1-methylheptyl ((4-amino-3, 5-dichloro-6-fluoro-
2-pyridinyl)oxy)acetate] and its metabolite fluroxypyr [((4-amino-3,5-
dichloro-6-fluoro-2-pyridinyl)oxy)acetic acid] calculated as the 
stoichiometric equivalent of fluroxypyr.

                                                               Parts per
                          Commodity                             million
                                * * * * *
Rice, bran...................................................        3.0
Rice, grain..................................................        1.5
                                * * * * *

* * * * *
[FR Doc. 2013-00562 Filed 1-15-13; 8:45 am]