80_FR_45584 80 FR 45438 - Isofetamid; Pesticide Tolerances

80 FR 45438 - Isofetamid; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range45438-45443
FR Document2015-18738

This regulation establishes tolerances for residues of isofetamid in or on multiple commodities that are identified and discussed later in this document. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015)
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45438-45443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18738]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0138; FRL-9923-86]


Isofetamid; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
isofetamid in or on multiple commodities that are identified and 
discussed later in this document. ISK Biosciences Corporation requested 
these tolerances under the Federal Food, Drug, and Cosmetic Act 
(FFDCA).

DATES: This regulation is effective July 30, 2015. Objections and 
requests for hearings must be received on or before September 28, 2015, 
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-2013-0138, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: 703-305-7090; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's 
tolerance

[[Page 45439]]

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 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-2013-0138 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 
September 28, 2015. 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-2013-0138, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of June 5, 2013 (78 FR 33785) (FRL-9386-2), 
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 3F8142) 
by ISK Biosciences Corporation, 7470 Auburn Road, Suite A, Concord, 
Ohio 44077. The petition requested that 40 CFR part 180 be amended by 
establishing tolerances for residues of the fungicide isofetamid, N-
[1,1-dimethyl-2-[2-methyl-4-(1-methylethoxy)phenyl]-2-oxoethyl]-3-
methyl-2-thiophenecarboxamide in or on almond at 0.02 parts per million 
(ppm); almond, hulls at 0.2 ppm; lettuce, head at 6.0 ppm; lettuce, 
leaf at 7.0 ppm; low growing berry crop subgroup 13-07G at 4.0 ppm; 
rapeseed, crop subgroup 20A at 0.04 ppm; and small fruit vine climbing 
crop subgroup 13-07F at 3.0 ppm. That document referenced a summary of 
the petition prepared by ISK Biosciences Corporation, the registrant, 
which is available 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 the petition, EPA has 
determined that additional tolerances are necessary; revised some of 
the proposed tolerances; and corrected some commodity definitions for 
the tolerances. 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 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 isofetamid including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with isofetamid 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. The toxicology database is complete for isofetamid. In 
repeated dose studies, the liver was the primary target organ in the 
rat, mouse, and dog, as indicated by increased liver weights, changes 
in the clinical chemistry values, and liver hypertrophy. A second 
target organ was the thyroid in the rat and dog, as indicated by 
changes in thyroid weights and histopathology. Adrenal weight changes 
were observed in the subchronic rat and dog studies. In the rat and 
dog, the dose levels where toxicity was observed were similar or higher 
in the chronic studies compared with the respective subchronic studies, 
showing an absence of progression of liver toxicity with time. There 
was no evidence of carcinogenicity in the rat or mouse cancer studies; 
the mutagenicity battery was negative. There are no genotoxicity, 
neurotoxicity, or immunotoxicity concerns observed in the available 
toxicity studies. Developmental toxicity was not observed in the rat or 
rabbit, and offspring effects such as decreased body weight were seen 
only in the presence of parental toxicity in the multi-generation rat 
study. Isofetamid is classified as ``Not Likely to be Carcinogenic to 
Humans'' based on the absence of increased tumor incidence in 
acceptable/guideline carcinogenicity studies in rats and mice. 
Isofetamid is not acutely toxic; it is classified as Toxicity Category 
III for acute oral and dermal exposure, and Toxicity Category IV for 
inhalation exposure. Furthermore, it is not irritating to the eye or 
skin, and it is not a dermal sensitizer. Specific information on the 
studies received and the nature of the adverse effects caused by 
isofetamid 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 
Isofetamid. Aggregate Human Health Risk Assessment for the Proposed New 
Uses of the New Active Fungicide,

[[Page 45440]]

including Agricultural Uses on Almonds, Lettuce, Small Vine Climbing 
Fruits (Crop Subgroup 13-07F), Low Growing Berries (Crop Subgroup 13-
07G), and Rapeseed (Crop Subgroup 20A); and Uses on Turfgrass 
(including Golf Courses, Sod Farms, Seed Farms, Recreational Fields, 
and Commercial/Residential Lawns) at pages 12-18 in docket ID number 
EPA-HQ-OPP-2013-0138.

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 isofetamid used for 
human risk assessment is shown in Table 1 of this unit.

  Table 1--Summary of Toxicological Doses and Endpoints for Isofetamid for Use in Human Health Risk Assessment
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                                    Point of departure
        Exposure/scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
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Acute Dietary (All Populations)    A toxicity endpoint was not identified.
                                   Toxicological effects attributable to a single exposure (dose) were not
                                    observed in oral toxicity studies.
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Chronic dietary (All populations)  NOAEL = 76.6 mg/kg/   Chronic RfD = 0.77   Reproduction and fertility effects
                                    day                   mg/kg/day            (rat)
                                   UFA = 10X...........  cPAD = 0.77 mg/kg/   LOAEL = 679/775 mg/kg/day based on
                                   UFH = 10X...........   day.                 hepatocellular hypertrophy in the
                                   FQPA SF = 1X........                        liver and follicular cell
                                                                               hypertrophy in the thyroid in
                                                                               both sexes and generations,
                                                                               decreased spleen weights and
                                                                               cytoplasmic eosinophilic
                                                                               inclusion bodies in the liver of
                                                                               F1 males, and decreased pup body
                                                                               weight in both sexes and
                                                                               generations.
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Incidental oral short-term (1 to   NOAEL = 76.6 mg/kg/   Residential LOC for  Reproduction and fertility effects
 30 days) and Incidental oral       day                   MOE = 100.           (rat)
 intermediate-term (1 to 6         UFA = 10X...........                       LOAEL = 679/775 mg/kg/day based on
 months)                           UFH = 10X...........                        hepatocellular hypertrophy in the
                                   FQPA SF = 1X........                        liver and follicular cell
                                                                               hypertrophy in the thyroid in
                                                                               both sexes and generations,
                                                                               decreased spleen weights and
                                                                               cytoplasmic eosinophilic
                                                                               inclusion bodies in the liver of
                                                                               F1 males, and decreased pup body
                                                                               weight in both sexes and
                                                                               generations
----------------------------------------------------------------------------------------------------------------
Dermal Short-Term (1-30 days)      A toxicity endpoint was not identified.
                                   Systemic toxicity was not seen in 28-day dermal toxicity in rats up to the
                                    limit dose (1,000 mg/kg/day). There are no concerns for developmental or
                                    reproductive toxicity or neurotoxicity in rat and rabbit studies.
----------------------------------------------------------------------------------------------------------------
Inhalation short-term (1 to 30     NOAEL = 76.6 mg/kg/   Residential LOC for  Reproduction and fertility effects
 days)                              day                   MOE = 100            (rat)
                                   UFA = 10X...........                       LOAEL = 679/775 mg/kg/day based on
                                   UFH = 10X...........                        hepatocellular hypertrophy in the
                                   FQPA SF = 1X........                        liver and follicular cell
                                                                               hypertrophy in the thyroid in
                                                                               both sexes and generations,
                                                                               decreased spleen weights and
                                                                               cytoplasmic eosinophilic
                                                                               inclusion bodies in the liver of
                                                                               F1 males, and decreased pup body
                                                                               weight in both sexes and
                                                                               generations.
----------------------------------------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)  Classification: ``Not likely to be Carcinogenic to Humans'' based on the
                                    absence of significant tumor increases in two adequate rodent
                                    carcinogenicity studies.
----------------------------------------------------------------------------------------------------------------
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). UFDB = to account for the absence of data or other
  data deficiency. UFH = potential variation in sensitivity among members of the human population
  (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term
  risk assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. EPA assessed dietary 
exposures from isofetamid 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 isofetamid; therefore, a 
quantitative acute dietary exposure assessment is unnecessary.

[[Page 45441]]

    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment, EPA used the 2003-2008 food consumption data from the 
USDA's National Health and Nutrition Examination Survey, What We Eat in 
America (NHANES/WWEIA). A partially refined chronic (food and drinking 
water) dietary assessment was conducted assuming mean field trial 
residues of the combined residues of parent and GPTC for all proposed 
crops and 100% CT. Empirical and default processing factors were used 
as available.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that isofetamid 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 percent crop treated (PCT) information. 
EPA did not use PCT information in the dietary assessment for 
isofetamid. Mean field trial residues of the combined residues of 
parent and GPTC were used.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for isofetamid in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of isofetamid. 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 Pesticide Flooded Application Model and the Pesticide 
Root Zone Model Ground Water (PRZM GW) the estimated drinking water 
concentrations (EDWCs) of isofetamid for chronic exposures for non-
cancer assessments are estimated to be 110 ppb for surface water and 43 
ppb for ground water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For chronic dietary risk 
assessment, the water concentration value of 110 ppb was used to assess 
the contribution from 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).
    Isofetamid is currently under review for registering the following 
uses that could result in residential exposures: Foliar and systemic 
fungicide for control in turfgrass including golf courses, residential 
lawns, and recreational turfgrass. Since there may be residential use 
sites, residential handler exposure and risk estimates were calculated 
for all possible residential exposure scenarios. Including all possible 
residential exposure scenarios provides a conservative and health 
protective assessment for the potential for homeowners to use the 
professionally labeled products on residential use sites. Since there 
is no dermal toxicity endpoint, the residential handler assessment only 
includes the inhalation route of exposure. Residential handler exposure 
is expected to be short-term in duration as a maximum of eight 
applications are allowed per year. Thus, intermediate-term exposures 
are not likely because of the intermittent nature of applications by 
homeowners. Unit exposure values and estimates for area treated or 
amount handled were taken from the Agency's 2012 Residential SOPs \1\ 
(Lawns/Turf). The algorithms used to estimate exposure and dose for 
residential handlers can be found in the 2012 Residential SOPs \2\ 
(Lawns/Turf). Risk estimates of all possible scenarios are not of 
concern. Short-term inhalation MOEs range from 850,000 to 18,000,000. 
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.
---------------------------------------------------------------------------

    \1\ Available: http://www.epa.gov/pesticides/science/residential-exposure-sop.html.
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    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 isofetamid to share a common mechanism of 
toxicity with any other substances, and isofetamid does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
isofetamid 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 
factor.
    2. Prenatal and postnatal sensitivity. There is no evidence of 
developmental toxicity or reproductive susceptibility, and there are no 
residual uncertainties concerning pre- or post-natal toxicity or 
exposure.
    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 isofetamid is complete.
    ii. There is no indication that isofetamid 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 isofetamid results in increased 
susceptibility in in utero rats or rabbits in the prenatal 
developmental studies or in young rats in the 2-generation reproduction 
study.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100 PCT and average (mean) field trial residues. EPA made 
conservative (protective) assumptions in the ground and surface water 
modeling used to assess exposure to isofetamid 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 isofetamid.

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

[[Page 45442]]

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, 
isofetamid 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 
isofetamid from food and water will utilize <1% 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 
isofetamid is not expected.
    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). Isofetamid 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 isofetamid.
    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 24,000 and 3,900 
for adults and children (1-2 years old) respectively. Because EPA's 
level of concern for isofetamid 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, 
isofetamid 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 
isofetamid.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, isofetamid 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 isofetamid residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology liquid chromatography with tandem 
mass spectrometry (LC-MS/MS) method (Document Number JSM0119; MRID 
49011967) is available to enforce the tolerance expression.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established any MRLs for isofetamid. Canada is 
concurrently establishing tolerances for all of the same commodities 
identified in this document except almond hulls because Canada does not 
set tolerances on livestock feed commodities. Canada's recommended 
tolerance levels for these commodities are the same as the U.S. 
established tolerance levels. The tolerance expression for the U.S. and 
Canada is the same, with isofetamid as the residue of concern for 
primary crops.

C. Revisions to Petitioned-For Tolerances

    The Agency has made revisions to some of the petitioned-for 
tolerance levels based on the following reasons:
    1. Organization for Economic Cooperation and Development (OECD) 
tolerance calculation procedures;
    2. The parent only is the residue of concern for primary crop 
tolerances rather than parent and the metabolite GPTC; and
    3. The concentration of residues in two processed commodities.
    Since all residues of isofetamid (parent) were nondetectable (<0.01 
ppm) in almond nutmeat and hulls, the proposed tolerances of 0.02 ppm 
for almond (nutmeat) and 0.2 ppm for almond hulls will both be reduced 
to 0.01 ppm, the limit of quantitation of the analytical method.
    Based on the OECD tolerance calculation procedures, the proposed 
tolerance for head lettuce of 6.0 ppm will be reduced to 5.0 ppm. Based 
on the OECD tolerance calculation procedures, the proposed tolerance 
for the rapeseed subgroup 20A of 0.04 ppm will be reduced to 0.015 ppm.
    The petitioner did not propose tolerances for the processed 
commodities, canola oil and raisins. Since residues concentrate 
significantly in canola oil and raisins, tolerances will be established 
at 0.03 ppm for canola, refined oil, and 5.0 ppm for grape, raisin. 
These Agency recommendations are based on the highest average field 
trial (HAFT) residues for canola seed and grape and the processing 
factors for canola oil and raisins. The petitioner did not propose 
tolerances for flaxseed oil, mustard seed oil, or sesame oil. However, 
flaxseed, mustard seed, and sesame are members of the rapeseed subgroup 
20A, with canola as the representative crop, and treated commodities 
could be processed to produce sesame oil, mustard seed oil and flaxseed 
oil. Therefore, the Agency is also establishing tolerances for residues 
in flaxseed oil, mustard seed oil, and sesame oil. Tolerances are being 
established at 0.03 ppm, the same level as for refined canola oil.
    Additionally, some of the requested tolerances have been corrected. 
Almond has been revised from 0.02 ppm to 0.01 ppm; almond, hulls from 
0.2 ppm to 0.01 ppm; lettuce, head from 6.0 ppm to 5.0 ppm; and 
rapeseed, subgroup 20A from 0.04 ppm to 0.015 ppm. The Agency is 
setting tolerances on some processed commodities that were not

[[Page 45443]]

proposed by the petitioner including canola, refined oil at 0.03 ppm; 
flax, seed, oil at 0.03 ppm; grape, raisin at 5.0 ppm; mustard, seed, 
oil at 0.03 ppm and sesame, oil at 0.03 ppm.

V. Conclusion

    Therefore, tolerances are established for residues of isofetamid, 
in or on almond at 0.01 ppm; almond, hulls at 0.01 ppm; canola, refined 
oil at 0.03 ppm; flax, seed, oil at 0.03 ppm; grape, raisin at 5.0 ppm; 
lettuce, head at 5.0 ppm; lettuce, leaf at 7.0 ppm; berry, low growing, 
subgroup 13-07G at 4.0 ppm; mustard, seed, oil at 0.03 ppm; rapeseed 
subgroup 20A at 0.015 ppm; sesame, oil at 0.03 ppm; and fruit, small 
vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 3.0 ppm.

VI. Statutory and Executive Order Reviews

    This action 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 action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the 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 action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: July 21, 2015.
Jack Housenger,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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


0
2. Add Sec.  180.681 to subpart C to read as follows:


Sec.  [emsp14]180.681  Isofetamid; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
fungicide isofetamid, including its metabolites and degradates, in or 
on the commodities in the table below. Compliance with the tolerance 
levels specified below is to be determined by measuring only 
isofetamid, N-[1,1-dimethyl-2-[2-methyl-4-(1-methylethoxy)phenyl]-2-
oxoethyl]-3-methyl-2-thiophenecarboxamide, in or on the following 
commodities:

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond..................................................            0.01
Almond, hulls...........................................            0.01
Berry, low growing, subgroup 13-07G.....................             4.0
Canola, refined oil.....................................            0.03
Flax, seed, oil.........................................            0.03
Fruit, small vine climbing, except fuzzy kiwifruit,                  3.0
 subgroup 13-07F........................................
Grape, raisin...........................................             5.0
Lettuce, head...........................................             5.0
Lettuce, leaf...........................................             7.0
Mustard, seed, oil......................................            0.03
Rapeseed subgroup 20A...................................           0.015
Sesame, oil.............................................            0.03
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 2015-18738 Filed 7-29-15; 8:45 am]
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                                           45438              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations

                                           any special considerations under                         and pests, Reporting and recordkeeping                     document. ISK Biosciences Corporation
                                           Executive Order 12898, entitled                          requirements.                                              requested these tolerances under the
                                           ‘‘Federal Actions to Address                               Dated: July 22, 2015.                                    Federal Food, Drug, and Cosmetic Act
                                           Environmental Justice in Minority                        Susan Lewis,                                               (FFDCA).
                                           Populations and Low-Income                                                                                          DATES:  This regulation is effective July
                                                                                                    Director, Registration Division, Office of
                                           Populations’’ (59 FR 7629, February 16,                  Pesticide Programs.                                        30, 2015. Objections and requests for
                                           1994).                                                                                                              hearings must be received on or before
                                                                                                      Therefore, 40 CFR chapter I is
                                              Since tolerances and exemptions that
                                                                                                    amended as follows:                                        September 28, 2015, and must be filed
                                           are established on the basis of a petition
                                                                                                                                                               in accordance with the instructions
                                           under FFDCA section 408(d), such as                      PART 180—[AMENDED]                                         provided in 40 CFR part 178 (see also
                                           the tolerance in this final rule, do not
                                                                                                                                                               Unit I.C. of the SUPPLEMENTARY
                                           require the issuance of a proposed rule,                 ■ 1. The authority citation for part 180                   INFORMATION).
                                           the requirements of the Regulatory                       continues to read as follows:
                                           Flexibility Act (RFA) (5 U.S.C. 601 et                                                                                      The docket for this action,
                                                                                                                                                               ADDRESSES:
                                                                                                         Authority: 21 U.S.C. 321(q), 346a and 371.
                                           seq.), do not apply.                                                                                          identified by docket identification (ID)
                                              This action directly regulates growers,               ■ 2. In § 180.418, revise the entries for            number EPA–HQ–OPP–2013–0138, is
                                           food processors, food handlers, and food                 ‘‘corn, field, forage,’’ ‘‘corn, field,              available at http://www.regulations.gov
                                           retailers, not States or tribes, nor does                stover,’’ and ‘‘corn, pop, stover’’ in the           or at the Office of Pesticide Programs
                                           this action alter the relationships or                   table in paragraph (a)(2) to read as                 Regulatory Public Docket (OPP Docket)
                                           distribution of power and                                follows:                                             in the Environmental Protection Agency
                                           responsibilities established by Congress                                                                      Docket Center (EPA/DC), West William
                                                                                                    § 180.418 Cypermethrin and isomers
                                           in the preemption provisions of FFDCA                    alpha-cypermethrin and zeta-cypermethrin;            Jefferson Clinton Bldg., Rm. 3334, 1301
                                           section 408(n)(4). As such, the Agency                   tolerances for residues.                             Constitution Ave. NW., Washington, DC
                                           has determined that this action will not                    (a) * * *                                         20460–0001. The Public Reading Room
                                           have a substantial direct effect on States                  (2) * * *                                         is open from 8:30 a.m. to 4:30 p.m.,
                                           or tribal governments, on the                                                                                 Monday through Friday, excluding legal
                                           relationship between the national                                                               Parts  per    holidays. The telephone number for the
                                                                                                              Commodity
                                           government and the States or tribal                                                              million      Public Reading Room is (202) 566–1744,
                                           governments, or on the distribution of                                                                        and the telephone number for the OPP
                                           power and responsibilities among the                                                                          Docket is (703) 305–5805. Please review
                                           various levels of government or between                  *          *         *               *     *
                                                                                                                                                         the visitor instructions and additional
                                           the Federal Government and Indian                        Corn, field, forage .................            9.0 information about the docket available
                                           tribes. Thus, the Agency has determined                                                                       at http://www.epa.gov/dockets.
                                           that Executive Order 13132, entitled                                                                          FOR FURTHER INFORMATION CONTACT:
                                           ‘‘Federalism’’ (64 FR 43255, August 10,                  *          *         *               *     *         Susan Lewis, Registration Division
                                           1999) and Executive Order 13175,                                                                              (7505P), Office of Pesticide Programs,
                                           entitled ‘‘Consultation and Coordination                 Corn, field, stover .................             30 Environmental Protection Agency, 1200
                                           with Indian Tribal Governments’’ (65 FR                                                                       Pennsylvania Ave. NW., Washington,
                                           67249, November 9, 2000) do not apply                                                                         DC 20460–0001; telephone number:
                                                                                                    *          *         *               *     *
                                           to this action. In addition, this action                                                                      703–305–7090; email address:
                                           does not impose any enforceable duty or                  Corn, pop, stover ..................              30 RDFRNotices@epa.gov.
                                           contain any unfunded mandate as                                                                               SUPPLEMENTARY INFORMATION:
                                           described under Title II of the Unfunded
                                           Mandates Reform Act (UMRA) (2 U.S.C.                     *           *              *          *          *         I. General Information
                                           1501 et seq.).                                                                                                      A. Does this action apply to me?
                                              This action does not involve any
                                           technical standards that would require                   *       *         *       *       *                           You may be potentially affected by
                                           Agency consideration of voluntary                        [FR Doc. 2015–18737 Filed 7–29–15; 8:45 am]                this action if you are an agricultural
                                           consensus standards pursuant to section                  BILLING CODE 6560–50–P                                     producer, food manufacturer, or
                                           12(d) of the National Technology                                                                                    pesticide manufacturer. The following
                                           Transfer and Advancement Act                                                                                        list of North American Industrial
                                           (NTTAA) (15 U.S.C. 272 note).                            ENVIRONMENTAL PROTECTION                                   Classification System (NAICS) codes is
                                                                                                    AGENCY                                                     not intended to be exhaustive, but rather
                                           VII. Congressional Review Act                                                                                       provides a guide to help readers
                                             Pursuant to the Congressional Review                   40 CFR Part 180                                            determine whether this document
                                           Act (5 U.S.C. 801 et seq.), EPA will                     [EPA–HQ–OPP–2013–0138; FRL–9923–86]                        applies to them. Potentially affected
                                           submit a report containing this rule and                                                                            entities may include:
                                           other required information to the U.S.                   Isofetamid; Pesticide Tolerances                              • Crop production (NAICS code 111).
                                           Senate, the U.S. House of                                                                                              • Animal production (NAICS code
                                                                                                    AGENCY:  Environmental Protection
                                           Representatives, and the Comptroller                                                                                112).
                                                                                                    Agency (EPA).
                                           General of the United States prior to                                                                                  • Food manufacturing (NAICS code
                                                                                                    ACTION: Final rule.
                                           publication of the rule in the Federal                                                                              311).
                                           Register. This action is not a ‘‘major                                                                                 • Pesticide manufacturing (NAICS
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                                                                                                    SUMMARY:   This regulation establishes
                                           rule’’ as defined by 5 U.S.C. 804(2).                    tolerances for residues of isofetamid in                   code 32532).
                                           List of Subjects in 40 CFR Part 180                      or on multiple commodities that are                        B. How can I get electronic access to
                                                                                                    identified and discussed later in this                     other related information?
                                             Environmental protection,
                                           Administrative practice and procedure,                                                                                You may access a frequently updated
                                           Agricultural commodities, Pesticides                                                                                electronic version of EPA’s tolerance


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                                                              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations                                           45439

                                           regulations at 40 CFR part 180 through                   announcing the filing of a pesticide                  aggregate exposure for isofetamid
                                           the Government Printing Office’s e-CFR                   petition (PP 3F8142) by ISK Biosciences               including exposure resulting from the
                                           site at http://www.ecfr.gov/cgi-bin/text-                Corporation, 7470 Auburn Road, Suite                  tolerances established by this action.
                                           idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                     A, Concord, Ohio 44077. The petition                  EPA’s assessment of exposures and risks
                                           40tab_02.tpl.                                            requested that 40 CFR part 180 be                     associated with isofetamid follows.
                                                                                                    amended by establishing tolerances for
                                           C. How can I file an objection or hearing                                                                      A. Toxicological Profile
                                                                                                    residues of the fungicide isofetamid, N-
                                           request?                                                                                                          EPA has evaluated the available
                                                                                                    [1,1-dimethyl-2-[2-methyl-4-(1-
                                             Under FFDCA section 408(g), 21                         methylethoxy)phenyl]-2-oxoethyl]-3-                   toxicity data and considered its validity,
                                           U.S.C. 346a, any person may file an                      methyl-2-thiophenecarboxamide in or                   completeness, and reliability as well as
                                           objection to any aspect of this regulation               on almond at 0.02 parts per million                   the relationship of the results of the
                                           and may also request a hearing on those                  (ppm); almond, hulls at 0.2 ppm;                      studies to human risk. EPA has also
                                           objections. You must file your objection                 lettuce, head at 6.0 ppm; lettuce, leaf at            considered available information
                                           or request a hearing on this regulation                  7.0 ppm; low growing berry crop                       concerning the variability of the
                                           in accordance with the instructions                      subgroup 13–07G at 4.0 ppm; rapeseed,                 sensitivities of major identifiable
                                           provided in 40 CFR part 178. To ensure                   crop subgroup 20A at 0.04 ppm; and                    subgroups of consumers, including
                                           proper receipt by EPA, you must                          small fruit vine climbing crop subgroup               infants and children. The toxicology
                                           identify docket ID number EPA–HQ–                        13–07F at 3.0 ppm. That document                      database is complete for isofetamid. In
                                           OPP–2013–0138 in the subject line on                     referenced a summary of the petition                  repeated dose studies, the liver was the
                                           the first page of your submission. All                   prepared by ISK Biosciences                           primary target organ in the rat, mouse,
                                           objections and requests for a hearing                    Corporation, the registrant, which is                 and dog, as indicated by increased liver
                                           must be in writing, and must be                          available in the docket, http://                      weights, changes in the clinical
                                           received by the Hearing Clerk on or                      www.regulations.gov. There were no                    chemistry values, and liver
                                           before September 28, 2015. Addresses                     comments received in response to the                  hypertrophy. A second target organ was
                                           for mail and hand delivery of objections                 notice of filing.                                     the thyroid in the rat and dog, as
                                           and hearing requests are provided in 40                     Based upon review of the data                      indicated by changes in thyroid weights
                                           CFR 178.25(b).                                           supporting the petition, EPA has                      and histopathology. Adrenal weight
                                             In addition to filing an objection or                  determined that additional tolerances                 changes were observed in the
                                           hearing request with the Hearing Clerk                   are necessary; revised some of the                    subchronic rat and dog studies. In the
                                           as described in 40 CFR part 178, please                  proposed tolerances; and corrected                    rat and dog, the dose levels where
                                           submit a copy of the filing (excluding                   some commodity definitions for the                    toxicity was observed were similar or
                                           any Confidential Business Information                    tolerances. The reasons for these                     higher in the chronic studies compared
                                           (CBI)) for inclusion in the public docket.               changes are explained in Unit IV.C.                   with the respective subchronic studies,
                                           Information not marked confidential                                                                            showing an absence of progression of
                                                                                                    III. Aggregate Risk Assessment and                    liver toxicity with time. There was no
                                           pursuant to 40 CFR part 2 may be                         Determination of Safety
                                           disclosed publicly by EPA without prior                                                                        evidence of carcinogenicity in the rat or
                                           notice. Submit the non-CBI copy of your                     Section 408(b)(2)(A)(i) of FFDCA                   mouse cancer studies; the mutagenicity
                                           objection or hearing request, identified                 allows EPA to establish a tolerance (the              battery was negative. There are no
                                           by docket ID number EPA–HQ–OPP–                          legal limit for a pesticide chemical                  genotoxicity, neurotoxicity, or
                                           2013–0138, by one of the following                       residue in or on a food) only if EPA                  immunotoxicity concerns observed in
                                           methods:                                                 determines that the tolerance is ‘‘safe.’’            the available toxicity studies.
                                             • Federal eRulemaking Portal: http://                  Section 408(b)(2)(A)(ii) of FFDCA                     Developmental toxicity was not
                                           www.regulations.gov. Follow the online                   defines ‘‘safe’’ to mean that ‘‘there is a            observed in the rat or rabbit, and
                                           instructions for submitting comments.                    reasonable certainty that no harm will                offspring effects such as decreased body
                                           Do not submit electronically any                         result from aggregate exposure to the                 weight were seen only in the presence
                                           information you consider to be CBI or                    pesticide chemical residue, including                 of parental toxicity in the multi-
                                           other information whose disclosure is                    all anticipated dietary exposures and all             generation rat study. Isofetamid is
                                           restricted by statute.                                   other exposures for which there is                    classified as ‘‘Not Likely to be
                                             • Mail: OPP Docket, Environmental                      reliable information.’’ This includes                 Carcinogenic to Humans’’ based on the
                                           Protection Agency Docket Center (EPA/                    exposure through drinking water and in                absence of increased tumor incidence in
                                           DC), (28221T), 1200 Pennsylvania Ave.                    residential settings, but does not include            acceptable/guideline carcinogenicity
                                           NW., Washington, DC 20460–0001.                          occupational exposure. Section                        studies in rats and mice. Isofetamid is
                                             • Hand Delivery: To make special                       408(b)(2)(C) of FFDCA requires EPA to                 not acutely toxic; it is classified as
                                           arrangements for hand delivery or                        give special consideration to exposure                Toxicity Category III for acute oral and
                                           delivery of boxed information, please                    of infants and children to the pesticide              dermal exposure, and Toxicity Category
                                           follow the instructions at http://                       chemical residue in establishing a                    IV for inhalation exposure. Furthermore,
                                           www.epa.gov/dockets/contacts.html.                       tolerance and to ‘‘ensure that there is a             it is not irritating to the eye or skin, and
                                           Additional instructions on commenting                    reasonable certainty that no harm will                it is not a dermal sensitizer. Specific
                                           or visiting the docket, along with more                  result to infants and children from                   information on the studies received and
                                           information about dockets generally, is                  aggregate exposure to the pesticide                   the nature of the adverse effects caused
                                           available at http://www.epa.gov/                         chemical residue. . . .’’                             by isofetamid as well as the no-
                                           dockets.                                                    Consistent with FFDCA section                      observed-adverse-effect-level (NOAEL)
                                                                                                    408(b)(2)(D), and the factors specified in            and the lowest-observed-adverse-effect-
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                                           II. Summary of Petitioned-For                            FFDCA section 408(b)(2)(D), EPA has                   level (LOAEL) from the toxicity studies
                                           Tolerance                                                reviewed the available scientific data                can be found at http://
                                              In the Federal Register of June 5, 2013               and other relevant information in                     www.regulations.gov in document
                                           (78 FR 33785) (FRL–9386–2), EPA                          support of this action. EPA has                       Isofetamid. Aggregate Human Health
                                           issued a document pursuant to FFDCA                      sufficient data to assess the hazards of              Risk Assessment for the Proposed New
                                           section 408(d)(3), 21 U.S.C. 346a(d)(3),                 and to make a determination on                        Uses of the New Active Fungicide,


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                                           45440              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations

                                           including Agricultural Uses on                           evaluating the risk posed by human                        of exposure (MOE). For non-threshold
                                           Almonds, Lettuce, Small Vine Climbing                    exposure to the pesticide. For hazards                    risks, the Agency assumes that any
                                           Fruits (Crop Subgroup 13–07F), Low                       that have a threshold below which there                   amount of exposure will lead to some
                                           Growing Berries (Crop Subgroup 13–                       is no appreciable risk, the toxicological                 degree of risk. Thus, the Agency
                                           07G), and Rapeseed (Crop Subgroup                        POD is used as the basis for derivation                   estimates risk in terms of the probability
                                           20A); and Uses on Turfgrass (including                   of reference values for risk assessment.                  of an occurrence of the adverse effect
                                           Golf Courses, Sod Farms, Seed Farms,                     PODs are developed based on a careful                     expected in a lifetime. For more
                                           Recreational Fields, and Commercial/                     analysis of the doses in each                             information on the general principles
                                           Residential Lawns) at pages 12–18 in                     toxicological study to determine the                      EPA uses in risk characterization and a
                                           docket ID number EPA–HQ–OPP–2013–                        dose at which no adverse effects are
                                                                                                                                                              complete description of the risk
                                           0138.                                                    observed (the NOAEL) and the lowest
                                                                                                                                                              assessment process, see http://
                                                                                                    dose at which adverse effects of concern
                                           B. Toxicological Points of Departure/                                                                              www.epa.gov/pesticides/factsheets/
                                                                                                    are identified (the LOAEL). Uncertainty/
                                           Levels of Concern                                        safety factors are used in conjunction                    riskassess.htm.
                                             Once a pesticide’s toxicological                       with the POD to calculate a safe                             A summary of the toxicological
                                           profile is determined, EPA identifies                    exposure level—generally referred to as                   endpoints for isofetamid used for
                                           toxicological points of departure (POD)                  a population-adjusted dose (PAD) or a                     human risk assessment is shown in
                                           and levels of concern to use in                          reference dose (RfD)—and a safe margin                    Table 1 of this unit.
                                               TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR ISOFETAMID FOR USE IN HUMAN HEALTH RISK
                                                                                        ASSESSMENT
                                                                                     Point of departure
                                                                                             and               RfD, PAD, LOC for
                                                  Exposure/scenario                                                                                          Study and toxicological effects
                                                                                     uncertainty/safety         risk assessment
                                                                                           factors

                                           Acute Dietary (All Populations)         A toxicity endpoint was not identified.
                                                                                   Toxicological effects attributable to a single exposure (dose) were not observed in oral toxicity studies.

                                           Chronic dietary (All populations)       NOAEL = 76.6 mg/           Chronic RfD = 0.77            Reproduction and fertility effects (rat)
                                                                                    kg/day                      mg/kg/day                   LOAEL = 679/775 mg/kg/day based on hepatocellular hyper-
                                                                                   UFA = 10X                  cPAD = 0.77 mg/kg/              trophy in the liver and follicular cell hypertrophy in the thyroid
                                                                                   UFH = 10X                    day                           in both sexes and generations, decreased spleen weights
                                                                                   FQPA SF = 1X                                               and cytoplasmic eosinophilic inclusion bodies in the liver of
                                                                                                                                              F1 males, and decreased pup body weight in both sexes and
                                                                                                                                              generations.

                                           Incidental oral short-term (1 to        NOAEL = 76.6 mg/           Residential LOC for           Reproduction and fertility effects (rat)
                                             30 days) and Incidental oral           kg/day                      MOE = 100.                  LOAEL = 679/775 mg/kg/day based on hepatocellular hyper-
                                             intermediate-term (1 to 6             UFA = 10X                                                  trophy in the liver and follicular cell hypertrophy in the thyroid
                                             months)                               UFH = 10X                                                  in both sexes and generations, decreased spleen weights
                                                                                   FQPA SF = 1X                                               and cytoplasmic eosinophilic inclusion bodies in the liver of
                                                                                                                                              F1 males, and decreased pup body weight in both sexes and
                                                                                                                                              generations

                                           Dermal Short-Term (1–30 days)           A toxicity endpoint was not identified.
                                                                                   Systemic toxicity was not seen in 28-day dermal toxicity in rats up to the limit dose (1,000 mg/kg/day). There
                                                                                   are no concerns for developmental or reproductive toxicity or neurotoxicity in rat and rabbit studies.

                                           Inhalation short-term (1 to 30          NOAEL = 76.6 mg/           Residential LOC for           Reproduction and fertility effects (rat)
                                             days)                                  kg/day                      MOE = 100                   LOAEL = 679/775 mg/kg/day based on hepatocellular hyper-
                                                                                   UFA = 10X                                                  trophy in the liver and follicular cell hypertrophy in the thyroid
                                                                                   UFH = 10X                                                  in both sexes and generations, decreased spleen weights
                                                                                   FQPA SF = 1X                                               and cytoplasmic eosinophilic inclusion bodies in the liver of
                                                                                                                                              F1 males, and decreased pup body weight in both sexes and
                                                                                                                                              generations.

                                           Cancer (Oral, dermal, inhala-           Classification: ‘‘Not likely to be Carcinogenic to Humans’’ based on the absence of significant tumor increases
                                             tion)                                 in two adequate rodent carcinogenicity studies.
                                             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). UFDB = to account for the ab-
                                           sence of data or other data deficiency. UFH = potential variation in sensitivity among members of the human population (intraspecies). UFL = use
                                           of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term risk assessment.
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                                           C. Exposure Assessment                                      i. Acute exposure. Quantitative acute                  exposure. No such effects were
                                                                                                    dietary exposure and risk assessments                     identified in the toxicological studies
                                             1. Dietary exposure from food and                      are performed for a food-use pesticide,                   for isofetamid; therefore, a quantitative
                                           feed uses. EPA assessed dietary                          if a toxicological study has indicated the                acute dietary exposure assessment is
                                           exposures from isofetamid in food as                     possibility of an effect of concern                       unnecessary.
                                           follows:                                                 occurring as a result of a 1-day or single


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                                                              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations                                          45441

                                              ii. Chronic exposure. In conducting                   courses, residential lawns, and                       D. Safety Factor for Infants and
                                           the chronic dietary exposure                             recreational turfgrass. Since there may               Children
                                           assessment, EPA used the 2003–2008                       be residential use sites, residential                    1. In general. Section 408(b)(2)(C) of
                                           food consumption data from the USDA’s                    handler exposure and risk estimates                   FFDCA provides that EPA shall apply
                                           National Health and Nutrition                            were calculated for all possible                      an additional tenfold (10X) margin of
                                           Examination Survey, What We Eat in                       residential exposure scenarios.                       safety for infants and children in the
                                           America (NHANES/WWEIA). A                                Including all possible residential                    case of threshold effects to account for
                                           partially refined chronic (food and                      exposure scenarios provides a                         prenatal and postnatal toxicity and the
                                           drinking water) dietary assessment was                   conservative and health protective                    completeness of the database on toxicity
                                           conducted assuming mean field trial                      assessment for the potential for                      and exposure unless EPA determines
                                           residues of the combined residues of                     homeowners to use the professionally                  based on reliable data that a different
                                           parent and GPTC for all proposed crops                   labeled products on residential use                   margin of safety will be safe for infants
                                           and 100% CT. Empirical and default                       sites. Since there is no dermal toxicity              and children. This additional margin of
                                           processing factors were used as                          endpoint, the residential handler                     safety is commonly referred to as the
                                           available.                                               assessment only includes the inhalation
                                              iii. Cancer. Based on the data                                                                              FQPA Safety Factor (SF). In applying
                                                                                                    route of exposure. Residential handler                this provision, EPA either retains the
                                           summarized in Unit III.A., EPA has                       exposure is expected to be short-term in
                                           concluded that isofetamid does not pose                                                                        default value of 10X, or uses a different
                                                                                                    duration as a maximum of eight                        additional safety factor when reliable
                                           a cancer risk to humans. Therefore, a                    applications are allowed per year. Thus,
                                           dietary exposure assessment for the                                                                            data available to EPA support the choice
                                                                                                    intermediate-term exposures are not                   of a different factor.
                                           purpose of assessing cancer risk is                      likely because of the intermittent nature
                                           unnecessary.                                                                                                      2. Prenatal and postnatal sensitivity.
                                                                                                    of applications by homeowners. Unit                   There is no evidence of developmental
                                              iv. Anticipated residue and percent                   exposure values and estimates for area
                                           crop treated (PCT) information. EPA did                                                                        toxicity or reproductive susceptibility,
                                                                                                    treated or amount handled were taken                  and there are no residual uncertainties
                                           not use PCT information in the dietary                   from the Agency’s 2012 Residential
                                           assessment for isofetamid. Mean field                                                                          concerning pre- or post-natal toxicity or
                                                                                                    SOPs 1 (Lawns/Turf). The algorithms                   exposure.
                                           trial residues of the combined residues                  used to estimate exposure and dose for
                                           of parent and GPTC were used.                                                                                     3. Conclusion. EPA has determined
                                                                                                    residential handlers can be found in the              that reliable data show the safety of
                                              2. Dietary exposure from drinking
                                                                                                    2012 Residential SOPs 2 (Lawns/Turf).                 infants and children would be
                                           water. The Agency used screening level
                                                                                                    Risk estimates of all possible scenarios              adequately protected if the FQPA SF
                                           water exposure models in the dietary
                                                                                                    are not of concern. Short-term                        were reduced to 1X. That decision is
                                           exposure analysis and risk assessment
                                                                                                    inhalation MOEs range from 850,000 to                 based on the following findings:
                                           for isofetamid in drinking water. These
                                                                                                    18,000,000. Further information                          i. The toxicity database for isofetamid
                                           simulation models take into account
                                                                                                    regarding EPA standard assumptions                    is complete.
                                           data on the physical, chemical, and fate/
                                                                                                    and generic inputs for residential                       ii. There is no indication that
                                           transport characteristics of isofetamid.
                                                                                                    exposures may be found at http://                     isofetamid is a neurotoxic chemical and
                                           Further information regarding EPA
                                                                                                    www.epa.gov/pesticides/trac/science/                  there is no need for a developmental
                                           drinking water models used in pesticide
                                                                                                    trac6a05.pdf.                                         neurotoxicity study or additional UFs to
                                           exposure assessment can be found at
                                           http://www.epa.gov/oppefed1/models/                         4. Cumulative effects from substances              account for neurotoxicity.
                                           water/index.htm.                                         with a common mechanism of toxicity.                     iii. There is no evidence that
                                              Based on the Pesticide Flooded                        Section 408(b)(2)(D)(v) of FFDCA                      isofetamid results in increased
                                           Application Model and the Pesticide                      requires that, when considering whether               susceptibility in in utero rats or rabbits
                                           Root Zone Model Ground Water (PRZM                       to establish, modify, or revoke a                     in the prenatal developmental studies or
                                           GW) the estimated drinking water                         tolerance, the Agency consider                        in young rats in the 2-generation
                                           concentrations (EDWCs) of isofetamid                     ‘‘available information’’ concerning the              reproduction study.
                                           for chronic exposures for non-cancer                     cumulative effects of a particular                       iv. There are no residual uncertainties
                                           assessments are estimated to be 110 ppb                  pesticide’s residues and ‘‘other                      identified in the exposure databases.
                                           for surface water and 43 ppb for ground                  substances that have a common                         The dietary food exposure assessments
                                           water.                                                   mechanism of toxicity.’’                              were performed based on 100 PCT and
                                              Modeled estimates of drinking water                      EPA has not found isofetamid to share              average (mean) field trial residues. EPA
                                           concentrations were directly entered                     a common mechanism of toxicity with                   made conservative (protective)
                                           into the dietary exposure model. For                     any other substances, and isofetamid                  assumptions in the ground and surface
                                           chronic dietary risk assessment, the                     does not appear to produce a toxic                    water modeling used to assess exposure
                                           water concentration value of 110 ppb                     metabolite produced by other                          to isofetamid in drinking water. EPA
                                           was used to assess the contribution from                 substances. For the purposes of this                  used similarly conservative assumptions
                                           drinking water.                                          tolerance action, therefore, EPA has                  to assess post application exposure of
                                              3. From non-dietary exposure. The                     assumed that isofetamid does not have                 children as well as incidental oral
                                           term ‘‘residential exposure’’ is used in                 a common mechanism of toxicity with                   exposure of toddlers. These assessments
                                           this document to refer to non-                           other substances. For information                     will not underestimate the exposure and
                                           occupational, non-dietary exposure                       regarding EPA’s efforts to determine                  risks posed by isofetamid.
                                           (e.g., for lawn and garden pest control,                 which chemicals have a common
                                                                                                                                                          E. Aggregate Risks and Determination of
                                           indoor pest control, termiticides, and                   mechanism of toxicity and to evaluate
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                                                                                                                                                          Safety
                                           flea and tick control on pets).                          the cumulative effects of such
                                              Isofetamid is currently under review                  chemicals, see EPA’s Web site at http://                EPA determines whether acute and
                                           for registering the following uses that                  www.epa.gov/pesticides/cumulative.                    chronic dietary pesticide exposures are
                                           could result in residential exposures:                                                                         safe by comparing aggregate exposure
                                           Foliar and systemic fungicide for                          1 Available: http://www.epa.gov/pesticides/         estimates to the acute PAD (aPAD) and
                                           control in turfgrass including golf                      science/residential-exposure-sop.html.                chronic PAD (cPAD). For linear cancer


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                                           45442              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations

                                           risks, EPA calculates the lifetime                       and chronic dietary exposure has                      Canada is the same, with isofetamid as
                                           probability of acquiring cancer given the                already been assessed under the                       the residue of concern for primary
                                           estimated aggregate exposure. Short-,                    appropriately protective cPAD (which is               crops.
                                           intermediate-, and chronic-term risks                    at least as protective as the POD used to
                                                                                                                                                          C. Revisions to Petitioned-For
                                           are evaluated by comparing the                           assess intermediate-term risk), no                    Tolerances
                                           estimated aggregate food, water, and                     further assessment of intermediate-term
                                           residential exposure to the appropriate                  risk is necessary, and EPA relies on the                 The Agency has made revisions to
                                           PODs to ensure that an adequate MOE                      chronic dietary risk assessment for                   some of the petitioned-for tolerance
                                           exists.                                                  evaluating intermediate-term risk for                 levels based on the following reasons:
                                              1. Acute risk. An acute aggregate risk                isofetamid.                                              1. Organization for Economic
                                           assessment takes into account acute                         5. Aggregate cancer risk for U.S.                  Cooperation and Development (OECD)
                                           exposure estimates from dietary                          population. Based on the lack of                      tolerance calculation procedures;
                                           consumption of food and drinking                         evidence of carcinogenicity in two                       2. The parent only is the residue of
                                           water. No adverse effect resulting from                  adequate rodent carcinogenicity studies,              concern for primary crop tolerances
                                           a single oral exposure was identified                    isofetamid is not expected to pose a                  rather than parent and the metabolite
                                           and no acute dietary endpoint was                        cancer risk to humans.                                GPTC; and
                                           selected. Therefore, isofetamid is not                      6. Determination of safety. Based on                  3. The concentration of residues in
                                           expected to pose an acute risk.                          these risk assessments, EPA concludes                 two processed commodities.
                                              2. Chronic risk. Using the exposure                                                                            Since all residues of isofetamid
                                                                                                    that there is a reasonable certainty that
                                           assumptions described in this unit for                                                                         (parent) were nondetectable (<0.01
                                                                                                    no harm will result to the general
                                           chronic exposure, EPA has concluded                                                                            ppm) in almond nutmeat and hulls, the
                                                                                                    population, or to infants and children
                                           that chronic exposure to isofetamid                                                                            proposed tolerances of 0.02 ppm for
                                                                                                    from aggregate exposure to isofetamid
                                           from food and water will utilize <1% of                                                                        almond (nutmeat) and 0.2 ppm for
                                                                                                    residues.
                                           the cPAD for children (1–2 years old),                                                                         almond hulls will both be reduced to
                                           the population group receiving the                       IV. Other Considerations                              0.01 ppm, the limit of quantitation of
                                           greatest exposure. Based on the                                                                                the analytical method.
                                                                                                    A. Analytical Enforcement Methodology                    Based on the OECD tolerance
                                           explanation in Unit III.C.3., regarding
                                           residential use patterns, chronic                           Adequate enforcement methodology                   calculation procedures, the proposed
                                           residential exposure to residues of                      liquid chromatography with tandem                     tolerance for head lettuce of 6.0 ppm
                                           isofetamid is not expected.                              mass spectrometry (LC–MS/MS) method                   will be reduced to 5.0 ppm. Based on
                                              3. Short-term risk. Short-term                        (Document Number JSM0119; MRID                        the OECD tolerance calculation
                                           aggregate exposure takes into account                    49011967) is available to enforce the                 procedures, the proposed tolerance for
                                           short-term residential exposure plus                     tolerance expression.                                 the rapeseed subgroup 20A of 0.04 ppm
                                           chronic exposure to food and water                                                                             will be reduced to 0.015 ppm.
                                                                                                    B. International Residue Limits                          The petitioner did not propose
                                           (considered to be a background
                                           exposure level). Isofetamid is currently                    In making its tolerance decisions, EPA             tolerances for the processed
                                           registered for uses that could result in                 seeks to harmonize U.S. tolerances with               commodities, canola oil and raisins.
                                           short-term residential exposure, and the                 international standards whenever                      Since residues concentrate significantly
                                           Agency has determined that it is                         possible, consistent with U.S. food                   in canola oil and raisins, tolerances will
                                           appropriate to aggregate chronic                         safety standards and agricultural                     be established at 0.03 ppm for canola,
                                           exposure through food and water with                     practices. EPA considers the                          refined oil, and 5.0 ppm for grape,
                                           short-term residential exposures to                      international maximum residue limits                  raisin. These Agency recommendations
                                           isofetamid.                                              (MRLs) established by the Codex                       are based on the highest average field
                                              Using the exposure assumptions                        Alimentarius Commission (Codex), as                   trial (HAFT) residues for canola seed
                                           described in this unit for short-term                    required by FFDCA section 408(b)(4).                  and grape and the processing factors for
                                           exposures, EPA has concluded the                         The Codex Alimentarius is a joint                     canola oil and raisins. The petitioner
                                           combined short-term food, water, and                     United Nations Food and Agriculture                   did not propose tolerances for flaxseed
                                           residential exposures result in aggregate                Organization/World Health                             oil, mustard seed oil, or sesame oil.
                                           MOEs of 24,000 and 3,900 for adults                      Organization food standards program,                  However, flaxseed, mustard seed, and
                                           and children (1–2 years old)                             and it is recognized as an international              sesame are members of the rapeseed
                                           respectively. Because EPA’s level of                     food safety standards-setting                         subgroup 20A, with canola as the
                                           concern for isofetamid is a MOE of 100                   organization in trade agreements to                   representative crop, and treated
                                           or below, these MOEs are not of                          which the United States is a party. EPA               commodities could be processed to
                                           concern.                                                 may establish a tolerance that is                     produce sesame oil, mustard seed oil
                                              4. Intermediate-term risk.                            different from a Codex MRL; however,                  and flaxseed oil. Therefore, the Agency
                                           Intermediate-term aggregate exposure                     FFDCA section 408(b)(4) requires that                 is also establishing tolerances for
                                           takes into account intermediate-term                     EPA explain the reasons for departing                 residues in flaxseed oil, mustard seed
                                           residential exposure plus chronic                        from the Codex level.                                 oil, and sesame oil. Tolerances are being
                                           exposure to food and water (considered                      The Codex has not established any                  established at 0.03 ppm, the same level
                                           to be a background exposure level). An                   MRLs for isofetamid. Canada is                        as for refined canola oil.
                                           intermediate-term adverse effect was                     concurrently establishing tolerances for                 Additionally, some of the requested
                                           identified; however, isofetamid is not                   all of the same commodities identified                tolerances have been corrected. Almond
                                           registered for any use patterns that                     in this document except almond hulls                  has been revised from 0.02 ppm to 0.01
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                                           would result in intermediate-term                        because Canada does not set tolerances                ppm; almond, hulls from 0.2 ppm to
                                           residential exposure. Intermediate-term                  on livestock feed commodities. Canada’s               0.01 ppm; lettuce, head from 6.0 ppm to
                                           risk is assessed based on intermediate-                  recommended tolerance levels for these                5.0 ppm; and rapeseed, subgroup 20A
                                           term residential exposure plus chronic                   commodities are the same as the U.S.                  from 0.04 ppm to 0.015 ppm. The
                                           dietary exposure. Because there is no                    established tolerance levels. The                     Agency is setting tolerances on some
                                           intermediate-term residential exposure                   tolerance expression for the U.S. and                 processed commodities that were not


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                                                              Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations                                                       45443

                                           proposed by the petitioner including                     section 408(n)(4). As such, the Agency                 and degradates, in or on the
                                           canola, refined oil at 0.03 ppm; flax,                   has determined that this action will not               commodities in the table below.
                                           seed, oil at 0.03 ppm; grape, raisin at 5.0              have a substantial direct effect on States             Compliance with the tolerance levels
                                           ppm; mustard, seed, oil at 0.03 ppm and                  or tribal governments, on the                          specified below is to be determined by
                                           sesame, oil at 0.03 ppm.                                 relationship between the national                      measuring only isofetamid, N-[1,1-
                                           V. Conclusion                                            government and the States or tribal                    dimethyl-2-[2-methyl-4-(1-
                                                                                                    governments, or on the distribution of                 methylethoxy)phenyl]-2-oxoethyl]-3-
                                              Therefore, tolerances are established                 power and responsibilities among the                   methyl-2-thiophenecarboxamide, in or
                                           for residues of isofetamid, in or on                     various levels of government or between                on the following commodities:
                                           almond at 0.01 ppm; almond, hulls at                     the Federal Government and Indian
                                           0.01 ppm; canola, refined oil at 0.03                    tribes. Thus, the Agency has determined                                                            Parts per
                                                                                                                                                                       Commodity
                                           ppm; flax, seed, oil at 0.03 ppm; grape,                 that Executive Order 13132, entitled                                                                million
                                           raisin at 5.0 ppm; lettuce, head at 5.0                  ‘‘Federalism’’ (64 FR 43255, August 10,
                                           ppm; lettuce, leaf at 7.0 ppm; berry, low                                                                       Almond ..................................          0.01
                                                                                                    1999) and Executive Order 13175,                       Almond, hulls ........................             0.01
                                           growing, subgroup 13–07G at 4.0 ppm;                     entitled ‘‘Consultation and Coordination               Berry, low growing, subgroup
                                           mustard, seed, oil at 0.03 ppm; rapeseed                 with Indian Tribal Governments’’ (65 FR                  13–07G .............................              4.0
                                           subgroup 20A at 0.015 ppm; sesame, oil                   67249, November 9, 2000) do not apply                  Canola, refined oil ................               0.03
                                           at 0.03 ppm; and fruit, small vine                       to this action. In addition, this action               Flax, seed, oil .......................            0.03
                                           climbing, except fuzzy kiwifruit,                        does not impose any enforceable duty or                Fruit, small vine climbing, ex-
                                           subgroup 13–07F at 3.0 ppm.                              contain any unfunded mandate as                          cept fuzzy kiwifruit, sub-
                                                                                                    described under Title II of the Unfunded                 group 13–07F ....................                 3.0
                                           VI. Statutory and Executive Order                                                                               Grape, raisin .........................              5.0
                                           Reviews                                                  Mandates Reform Act (UMRA) (2 U.S.C.                   Lettuce, head ........................               5.0
                                              This action establishes tolerances                    1501 et seq.).                                         Lettuce, leaf ..........................             7.0
                                                                                                       This action does not involve any                    Mustard, seed, oil .................               0.03
                                           under FFDCA section 408(d) in
                                                                                                    technical standards that would require                 Rapeseed subgroup 20A ......                      0.015
                                           response to a petition submitted to the
                                                                                                    Agency consideration of voluntary                      Sesame, oil ...........................            0.03
                                           Agency. The Office of Management and
                                                                                                    consensus standards pursuant to section
                                           Budget (OMB) has exempted these types
                                                                                                    12(d) of the National Technology                         (b) Section 18 emergency exemptions.
                                           of actions from review under Executive
                                                                                                    Transfer and Advancement Act                           [Reserved]
                                           Order 12866, entitled ‘‘Regulatory
                                                                                                    (NTTAA) (15 U.S.C. 272 note).                            (c) Tolerances with regional
                                           Planning and Review’’ (58 FR 51735,
                                                                                                                                                           registrations. [Reserved]
                                           October 4, 1993). Because this action                    VII. Congressional Review Act                            (d) Indirect or inadvertent residues.
                                           has been exempted from review under                        Pursuant to the Congressional Review                 [Reserved]
                                           Executive Order 12866, this action is                    Act (5 U.S.C. 801 et seq.), EPA will                   [FR Doc. 2015–18738 Filed 7–29–15; 8:45 am]
                                           not subject to Executive Order 13211,                    submit a report containing this rule and               BILLING CODE 6560–50–P
                                           entitled ‘‘Actions Concerning                            other required information to the U.S.
                                           Regulations That Significantly Affect                    Senate, the U.S. House of
                                           Energy Supply, Distribution, or Use’’ (66                Representatives, and the Comptroller                   ENVIRONMENTAL PROTECTION
                                           FR 28355, May 22, 2001) or Executive                     General of the United States prior to                  AGENCY
                                           Order 13045, entitled ‘‘Protection of                    publication of the rule in the Federal
                                           Children from Environmental Health                       Register. This action is not a ‘‘major                 40 CFR Part 180
                                           Risks and Safety Risks’’ (62 FR 19885,                   rule’’ as defined by 5 U.S.C. 804(2).                  [EPA–HQ–OPP–2013–0714; FRL–9927–63]
                                           April 23, 1997). This action does not
                                           contain any information collections                      List of Subjects in 40 CFR Part 180                    Benalaxyl-M; Pesticide Tolerances
                                           subject to OMB approval under the                          Environmental protection,
                                           Paperwork Reduction Act (PRA) (44                        Administrative practice and procedure,                 AGENCY:  Environmental Protection
                                           U.S.C. 3501 et seq.), nor does it require                Agricultural commodities, Pesticides                   Agency (EPA).
                                           any special considerations under                         and pests, Reporting and recordkeeping                 ACTION: Final rule.
                                           Executive Order 12898, entitled                          requirements.
                                           ‘‘Federal Actions to Address                                                                                    SUMMARY:   This regulation establishes
                                                                                                      Dated: July 21, 2015.                                tolerances for residues of benalaxyl-M
                                           Environmental Justice in Minority
                                           Populations and Low-Income                               Jack Housenger,                                        in or on grape and tomato. Since there
                                           Populations’’ (59 FR 7629, February 16,                  Director, Office of Pesticide Programs.                are currently no U.S. registrations of
                                           1994).                                                     Therefore, 40 CFR chapter I is                       benalaxyl-M for use on grape and
                                              Since tolerances and exemptions that                  amended as follows:                                    tomato, this tolerance will allow the
                                           are established on the basis of a petition                                                                      import of grape and tomato containing
                                           under FFDCA section 408(d), such as                      PART 180—[AMENDED]                                     residues of benalaxyl-M. Technology
                                           the tolerance in this final rule, do not                                                                        Sciences Group, on behalf of Isagro
                                           require the issuance of a proposed rule,                 ■ 1. The authority citation for part 180               S.p.A, requested these tolerances under
                                           the requirements of the Regulatory                       continues to read as follows:                          the Federal Food, Drug, and Cosmetic
                                           Flexibility Act (RFA) (5 U.S.C. 601 et                        Authority: 21 U.S.C. 321(q), 346a and 371.        Act (FFDCA).
                                           seq.), do not apply.                                                                                            DATES: This regulation is effective July
                                                                                                    ■ 2. Add § 180.681 to subpart C to read
                                              This action directly regulates growers,                                                                      30, 2015. Objections and requests for
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                                                                                                    as follows:
                                           food processors, food handlers, and food                                                                        hearings must be received on or before
                                           retailers, not States or tribes, nor does                § 180.681     Isofetamid; tolerances for               September 28, 2015, and must be filed
                                           this action alter the relationships or                   residues.                                              in accordance with the instructions
                                           distribution of power and                                  (a) General. Tolerances are                          provided in 40 CFR part 178 (see also
                                           responsibilities established by Congress                 established for residues of the fungicide              Unit I.C. of the SUPPLEMENTARY
                                           in the preemption provisions of FFDCA                    isofetamid, including its metabolites                  INFORMATION).



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Document Created: 2018-02-23 09:30:15
Document Modified: 2018-02-23 09:30:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective July 30, 2015. Objections and requests for hearings must be received on or before September 28, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
FR Citation80 FR 45438 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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