80_FR_54422 80 FR 54248 - Propylene Glycol Monomethyl Ether; Exemption from the Requirement of a Tolerance

80 FR 54248 - Propylene Glycol Monomethyl Ether; Exemption from the Requirement of a Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 174 (September 9, 2015)

Page Range54248-54252
FR Document2015-22030

This regulation establishes an exemption from the requirement of a tolerance for residues of propylene glycol monomethyl ether (PGME; CAS No. 107-98-2) when used as an inert ingredient under 40 CFR 180.910 as a solvent in pesticide formulations which include pre-and post- harvest use on crops. Syngenta Crop Protection submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of PGME.

Federal Register, Volume 80 Issue 174 (Wednesday, September 9, 2015)
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Rules and Regulations]
[Pages 54248-54252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22030]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0143; FRL-9932-06]


Propylene Glycol Monomethyl Ether; Exemption from the Requirement 
of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of propylene glycol monomethyl ether (PGME; 
CAS No. 107-98-2) when used as an inert ingredient under 40 CFR 180.910 
as a solvent in pesticide formulations which include pre-and post-
harvest use on crops. Syngenta Crop Protection submitted a petition to 
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting 
establishment of an exemption from the requirement of a tolerance. This 
regulation eliminates the need to establish a maximum permissible level 
for residues of PGME.

DATES: This regulation is effective September 9, 2015. Objections and 
requests for hearings must be received on or before November 9, 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-2015-0143, 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; main telephone 
number: (703) 305-7090; email address: RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    You may access a frequently updated electronic version of 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-2015-0143 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 
November 9, 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-2015-0143, 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. Petition for Exemption

    In the Federal Register of April 6, 2015 (80 FR 18327) (FRL-9924-
00), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a, announcing the filing of a pesticide petition inert ingredient 
(PP IN-10775) by Syngenta Crop Protection, P.O. Box 18300, Greensboro, 
NC 27409, The petition requested that 40 CFR 180.910 be amended by 
establishing an

[[Page 54249]]

exemption from the requirement of a tolerance for residues of PGME (CAS 
No. 107-98-2) when used as an inert ingredient as a solvent in 
pesticide formulations applied to pre- and post-harvest use on crops. 
That document referenced a summary of the petition prepared by Syngenta 
Crop Protection, the petitioner, which is available in the docket, 
http://www.regulations.gov. There were no comments received in response 
to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125 and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): Solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and diatomaceous earth; thickeners such as 
carrageenan and modified cellulose; wetting, spreading, and dispersing 
agents; propellants in aerosol dispensers; microencapsulating agents; 
and emulsifiers. The term ``inert'' is not intended to imply 
nontoxicity; the ingredient may or may not be chemically active. 
Generally, EPA has exempted inert ingredients from the requirement of a 
tolerance based on the low toxicity of the individual inert 
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for 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. . . .''
    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be clearly demonstrated that the risks from 
aggregate exposure to pesticide chemical residues under reasonably 
foreseeable circumstances will pose no appreciable risks to human 
health. In order to determine the risks from aggregate exposure to 
pesticide inert ingredients, the Agency considers the toxicity of the 
inert in conjunction with possible exposure to residues of the inert 
ingredient through food, drinking water, and through other exposures 
that occur as a result of pesticide use in residential settings. If EPA 
is able to determine that a finite tolerance is not necessary to ensure 
that there is a reasonable certainty that no harm will result from 
aggregate exposure to the inert ingredient, an exemption from the 
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors 
specified in FFDCA section 408(c)(2)(B), 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 PGME including exposure 
resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with PGME follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their 
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. Specific information on the studies received and the nature 
of the adverse effects caused by PGME as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies are discussed in this unit.
    PGME exhibits low acute toxicity by the oral, dermal, and 
inhalation routes. PGME is not a skin sensitizer or skin irritant and 
was only slightly irritating to the eye. In repeat dose inhalation 
studies ranging from 11 days to six months in duration, NOAELs of 300 
parts per million (ppm) and higher were seen in rats, mice, rabbits, 
guinea pigs and monkeys. Effects observed included sedation, hepatic 
changes and a decrease in body weight gain. Oral NOAELs of 459.5 
milligram/kilogram/day (mg/kg/day) and 919 mg/kg/day were observed in 
rat studies lasting 13 and 5 weeks, respectively. Observations included 
central nervous system (CNS) effects at very high doses (above limit 
dose of 1,000 mg/kg/day), enlarged livers and weight loss. In a 
reproduction study conducted via the inhalation route, offspring 
effects seen at 3,000 ppm appear to be related to decreased maternal 
body weight and secondary to general toxicity and nutritional stress. 
Decreased maternal body weight was also noted at the next lower dose. 
NOAELs in this study were 300 ppm for adults and 1,000 ppm for 
offspring. Studies with rats, mice, and rabbits showed that PGME was 
not a developmental toxicant (two inhalation and three gavage studies). 
Weight-of-evidence indicates that PGME is not genotoxic or 
carcinogenic. In a 2-year bioassay, there were no statistically 
significant increases in any tumor type in rats and mice.

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 the NOAEL and the LOAEL are identified. 
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.
    No acute adverse effect level has been selected for PGME. The 
chronic NOAEL of 459.5 mg/kg/day was based on CNS effects at very high 
doses, enlarged livers and weight loss in a 13 week oral study in rats.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to PGME, EPA considered

[[Page 54250]]

exposure under the proposed exemption from the requirement of a 
tolerance. EPA assessed dietary exposures from PGME in food as follows:
    An acute dietary risk assessment was not conducted because no 
endpoint of concern following a single exposure was identified in the 
available studies. A chronic dietary exposure assessment was completed 
and performed using the Dietary Exposure Evaluation Model DEEM-
FCID\TM\, Version 3.16.which includes food consumption information from 
the U.S. Department of Agriculture's National Health and Nutrition 
Examination Survey, ``What We Eat In America'', (NHANES/WWEIA). This 
dietary survey was conducted from 2003 to 2008. In the absence of 
actual residue data, the inert ingredient evaluation is based on a 
highly conservative model that assumes that the residue level of the 
inert ingredient would be no higher than the highest established 
tolerance for an active ingredient on a given commodity. Implicit in 
this assumption is that there would be similar rates of degradation 
between the active and inert ingredient (if any) and that the 
concentration of inert ingredient in the scenarios leading to these 
highest of tolerances would be no higher than the concentration of the 
active ingredient. The model assumes 100 percent crop treated (PCT) for 
all crops and that every food eaten by a person each day has tolerance-
level residues. A complete description of the general approach taken to 
assess inert ingredient risks in the absence of residue data is 
contained in the memorandum entitled ``Alkyl Amines Polyalkoxylates 
(Cluster 4): Acute and Chronic Aggregate (Food and Drinking Water) 
Dietary Exposure and Risk Assessments for the Inerts'' (D361707, S. 
Piper, 2/25/09) and can be found at http://www.regulations.gov in 
docket ID number EPA-HQ-OPP-2008-0738.
    2. Dietary exposure from drinking water. For the purpose of the 
screening level dietary risk assessment to support this request for an 
exemption from the requirement of a tolerance for PGME, a conservative 
drinking water concentration value of 100 parts per billion (ppb) based 
on screening level modeling was used to assess the contribution to 
drinking water for the chronic dietary risk assessments for parent 
compound. These values were directly entered into the dietary exposure 
model.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., textiles (clothing and diapers), carpets, swimming 
pools, and hard surface disinfection on walls, floors, tables). The 
highest exposures to consumers are likely to be associated with the use 
of paints and varnishes that contain PGME with some small dermal 
exposures possible. Inhalation exposures to relatively high 
concentrations of PGME are believed to be self-limiting due to the 
irritant effects of the chemical. Based on this residential exposure 
assessment, exposure to PGME would be low (less than 2 mg/kg/day). This 
level of exposure would be two orders of magnitude below that which 
would be of concern for PGME.
    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 PGME to share a common mechanism of toxicity with 
any other substances, and PGME does not appear to produce a toxic 
metabolite produced by other substances. For the purposes of this 
tolerance action, therefore, EPA has assumed that PGME 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 Food Quality 
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA 
either retains the default value of 10X, or uses a different additional 
safety factor when reliable data available to EPA support the choice of 
a different factor.
    2. Prenatal and postnatal sensitivity. Studies in laboratory 
animals indicate that PGME is not a developmental toxicant when 
administered via inhalation or ingestion. Developmental studies 
conducted in rats and rabbits with PGME administered via inhalation 
showed no developmental toxicity in the rabbit and developmental delays 
(delayed sternebral ossification) in the rat but only in the presence 
of maternal toxicity. In oral developmental studies in rats, mice, and 
rabbits, developmental delays were seen only in the rat fetuses at the 
highest dose tested.
    3. Conclusion. Based on this information there is no concern for 
increased sensitivity to infants and children to PGME when used as an 
inert ingredient in pesticide formulations. For the same reason, a 
safety factor analysis has not been used to assess risk to PGME and, 
therefore, the additional safety factor for the protection of infants 
and children is also unnecessary.
    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 PGME is complete.
    ii. There is a clinical signs of neurotoxicity observed at very 
high oral doses. However, there are no concern at this time because the 
clinical signs were observed at or above limit doses. Therefore there 
is no need for a developmental neurotoxicity study or additional UFs to 
account for neurotoxicity.
    iii. There is no evidence that PGME 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% CT and model estimates from the use of PGME in pesticidal 
formulations resulting in chronic dietary exposure estimates for food 
and drinking water below the Agency's level of concern. EPA made 
conservative (protective) assumptions in the ground and surface water 
modeling used to assess exposure to PGME in drinking water. EPA used 
similarly conservative assumptions to assess postapplication exposure 
of children as well as incidental oral exposure of toddlers. These 
assessments will not underestimate the exposure and risks posed by 
PGME.

E. Aggregate Risks and Determination of Safety

    Determination of safety section. EPA determines whether acute and 
chronic dietary pesticide exposures are safe by comparing aggregate 
exposure estimates to the acute PAD (aPAD) and chronic

[[Page 54251]]

PAD (cPAD). For linear cancer risks, EPA calculates the lifetime 
probability of acquiring cancer given the estimated aggregate exposure. 
Short-, intermediate-, and chronic-term risks are evaluated by 
comparing the estimated aggregate food, water, and residential exposure 
to the appropriate PODs to ensure that an adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into 
account acute exposure estimates from dietary consumption of food and 
drinking water. No adverse effect resulting from a single oral exposure 
was identified and no acute dietary endpoint was selected. Therefore, 
PGME 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 
PGME from food and water will utilize 15.4% of the cPAD for children 1-
2 years old, the population group receiving the greatest exposure. 
Based on the explanation in this unit, regarding residential use 
patterns, chronic residential exposure to residues of PGME 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).
    PGME may be used as an inert ingredient in pesticide products that 
are 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 PGME.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water, 
and residential exposures are below EPA's level of concern for PGME 
based on highly conservative assumptions made regarding residential and 
dietary exposures to PGME as described in Unit IV. Section C.
    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).
    PGME may be used as an inert ingredient in pesticide products that 
are registered for uses that could result in intermediate-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 PGME.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined intermediate-term food, 
water, and residential exposures are below EPA's level of concern for 
PGME based on highly conservative assumptions made regarding 
residential and dietary exposures to PGME as described in Unit IV. 
Section C.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, PGME 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 PGME residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

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 Nation 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 a MRL for PGME.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established under 40 CFR 180.910 for PGME (CAS No. 107-98-2) when used 
as an inert ingredient (as a solvent) in pesticide formulations applied 
to crops, post-harvest.

VII. Statutory and Executive Order Reviews

    This action establishes a tolerance 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

[[Page 54252]]

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).

VIII. 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: August 17, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.910, add alphabetically the following inert ingredient 
to the table to read as follows:


Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
        Inert ingredients                Limits               Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Propylene glycol monomethyl       none...............  solvent.
 ether (CAS No. 107-98-2).
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2015-22030 Filed 9-8-15; 8:45 am]
 BILLING CODE 6560-50-P



                                           54248             Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations

                                           § 180.532 Cyprodinil; tolerances for                                   requests for hearings must be received               C. How can I file an objection or hearing
                                           residues.                                                              on or before November 9, 2015, and                   request?
                                               (a) * * *                                                          must be filed in accordance with the                   Under FFDCA section 408(g), 21
                                                                                                                  instructions provided in 40 CFR part                 U.S.C. 346a, any person may file an
                                                                                               Parts per          178 (see also Unit I.C. of the
                                                          Commodity                                                                                                    objection to any aspect of this regulation
                                                                                                million
                                                                                                                  SUPPLEMENTARY INFORMATION).                          and may also request a hearing on those
                                           Acerola ........................................                 1.5   ADDRESSES:    The docket for this action,            objections. You must file your objection
                                                                                                                  identified by docket identification (ID)             or request a hearing on this regulation
                                               *         *           *               *                  *                                                              in accordance with the instructions
                                           Artichoke, globe ..........................                      4.0   number EPA–HQ–OPP–2015–0143, is
                                                                                                                  available at http://www.regulations.gov              provided in 40 CFR part 178. To ensure
                                              *             *              *               *            *         or at the Office of Pesticide Programs               proper receipt by EPA, you must
                                           Feijoa ..........................................                1.5   Regulatory Public Docket (OPP Docket)                identify docket ID number EPA–HQ–
                                                                                                                  in the Environmental Protection Agency               OPP–2015–0143 in the subject line on
                                              *          *        *            *                        *
                                                                                                                  Docket Center (EPA/DC), West William                 the first page of your submission. All
                                           Fruit, stone, group 12–12 ...........                            2.0                                                        objections and requests for a hearing
                                                                                                                  Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                                                                                       must be in writing, and must be
                                             *            *              *               *              *         Constitution Ave. NW., Washington, DC
                                                                                                                                                                       received by the Hearing Clerk on or
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                                                                                                                                                                       before November 9, 2015. Addresses for
                                                                                                                  is open from 8:30 a.m. to 4:30 p.m.,
                                              *         *              *               *                *                                                              mail and hand delivery of objections
                                                                                                                  Monday through Friday, excluding legal
                                           Jaboticaba ..................................                    1.5                                                        and hearing requests are provided in 40
                                                                                                                  holidays. The telephone number for the
                                                                                                                                                                       CFR 178.25(b).
                                              *          *              *               *               *         Public Reading Room is (202) 566–1744,                 In addition to filing an objection or
                                           Passionfruit .................................                   1.5   and the telephone number for the OPP                 hearing request with the Hearing Clerk
                                                                                                                  Docket is (703) 305–5805. Please review              as described in 40 CFR part 178, please
                                             *        *             *               *                   *         the visitor instructions and additional              submit a copy of the filing (excluding
                                           Pomegranate ..............................                       10    information about the docket available               any Confidential Business Information
                                                                                                                  at http://www.epa.gov/dockets.                       (CBI)) for inclusion in the public docket.
                                              *             *              *               *            *
                                           Starfruit .......................................                1.5   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                       Information not marked confidential
                                                                                                                  Susan Lewis, Registration Division                   pursuant to 40 CFR part 2 may be
                                             *         *              *               *                 *                                                              disclosed publicly by EPA without prior
                                           Wax jambu ..................................                     1.5   (7505P), Office of Pesticide Programs,
                                                                                                                                                                       notice. Submit the non-CBI copy of your
                                                                                                                  Environmental Protection Agency, 1200
                                                                                                                                                                       objection or hearing request, identified
                                           *        *        *        *         *                                 Pennsylvania Ave. NW., Washington,
                                                                                                                                                                       by docket ID number EPA–HQ–OPP–
                                           [FR Doc. 2015–22031 Filed 9–8–15; 8:45 am]                             DC 20460–0001; main telephone
                                                                                                                                                                       2015–0143, by one of the following
                                           BILLING CODE 6560–50–P                                                 number: (703) 305–7090; email address:
                                                                                                                                                                       methods:
                                                                                                                  RDFRNotices@epa.gov.                                   • Federal eRulemaking Portal: http://
                                                                                                                  SUPPLEMENTARY INFORMATION:                           www.regulations.gov. Follow the online
                                           ENVIRONMENTAL PROTECTION
                                                                                                                                                                       instructions for submitting comments.
                                           AGENCY                                                                 I. General Information                               Do not submit electronically any
                                           40 CFR Part 180                                                        A. Does this action apply to me?                     information you consider to be CBI or
                                                                                                                                                                       other information whose disclosure is
                                           [EPA–HQ–OPP–2015–0143; FRL–9932–06]                                       You may be potentially affected by                restricted by statute.
                                                                                                                  this action if you are an agricultural                 • Mail: OPP Docket, Environmental
                                           Propylene Glycol Monomethyl Ether;                                                                                          Protection Agency Docket Center (EPA/
                                                                                                                  producer, food manufacturer, or
                                           Exemption from the Requirement of a                                                                                         DC), (28221T), 1200 Pennsylvania Ave.
                                           Tolerance                                                              pesticide manufacturer. The following
                                                                                                                  list of North American Industrial                    NW., Washington, DC 20460–0001.
                                           AGENCY:  Environmental Protection                                      Classification System (NAICS) codes is                 • Hand Delivery: To make special
                                           Agency (EPA).                                                          not intended to be exhaustive, but rather            arrangements for hand delivery or
                                           ACTION: Final rule.                                                    provides a guide to help readers                     delivery of boxed information, please
                                                                                                                  determine whether this document                      follow the instructions at http://
                                           SUMMARY:   This regulation establishes an                              applies to them. Potentially affected                www.epa.gov/dockets/contacts.html.
                                           exemption from the requirement of a                                    entities may include:                                Additional instructions on commenting
                                           tolerance for residues of propylene                                                                                         or visiting the docket, along with more
                                           glycol monomethyl ether (PGME; CAS                                       • Crop production (NAICS code 111).
                                                                                                                                                                       information about dockets generally, is
                                           No. 107–98–2) when used as an inert                                      • Animal production (NAICS code 112).
                                                                                                                                                                       available at http://www.epa.gov/
                                           ingredient under 40 CFR 180.910 as a                                     • Food manufacturing (NAICS code 311).
                                                                                                                    • Pesticide manufacturing (NAICS code
                                                                                                                                                                       dockets.
                                           solvent in pesticide formulations which
                                           include pre-and post–harvest use on                                    32532).                                              II. Petition for Exemption
                                           crops. Syngenta Crop Protection                                        B. How can I get electronic access to                  In the Federal Register of April 6,
                                           submitted a petition to EPA under the                                  other related information?                           2015 (80 FR 18327) (FRL–9924–00),
                                           Federal Food, Drug, and Cosmetic Act                                                                                        EPA issued a document pursuant to
                                           (FFDCA), requesting establishment of an                                  You may access a frequently updated                FFDCA section 408, 21 U.S.C. 346a,
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                                           exemption from the requirement of a                                    electronic version of 40 CFR part 180                announcing the filing of a pesticide
                                           tolerance. This regulation eliminates the                              through the Government Printing                      petition inert ingredient (PP IN–10775)
                                           need to establish a maximum                                            Office’s e-CFR site at http://                       by Syngenta Crop Protection, P.O. Box
                                           permissible level for residues of PGME.                                www.ecfr.gov/cgi-bin/text-                           18300, Greensboro, NC 27409, The
                                           DATES: This regulation is effective                                    idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                 petition requested that 40 CFR 180.910
                                           September 9, 2015. Objections and                                      40tab_02.tpl.                                        be amended by establishing an


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                                                        Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations                                         54249

                                           exemption from the requirement of a                     demonstrated that the risks from                      included central nervous system (CNS)
                                           tolerance for residues of PGME (CAS                     aggregate exposure to pesticide                       effects at very high doses (above limit
                                           No. 107–98–2) when used as an inert                     chemical residues under reasonably                    dose of 1,000 mg/kg/day), enlarged
                                           ingredient as a solvent in pesticide                    foreseeable circumstances will pose no                livers and weight loss. In a reproduction
                                           formulations applied to pre- and post–                  appreciable risks to human health. In                 study conducted via the inhalation
                                           harvest use on crops. That document                     order to determine the risks from                     route, offspring effects seen at 3,000
                                           referenced a summary of the petition                    aggregate exposure to pesticide inert                 ppm appear to be related to decreased
                                           prepared by Syngenta Crop Protection,                   ingredients, the Agency considers the                 maternal body weight and secondary to
                                           the petitioner, which is available in the               toxicity of the inert in conjunction with             general toxicity and nutritional stress.
                                           docket, http://www.regulations.gov.                     possible exposure to residues of the                  Decreased maternal body weight was
                                           There were no comments received in                      inert ingredient through food, drinking               also noted at the next lower dose.
                                           response to the notice of filing.                       water, and through other exposures that               NOAELs in this study were 300 ppm for
                                                                                                   occur as a result of pesticide use in                 adults and 1,000 ppm for offspring.
                                           III. Inert Ingredient Definition
                                                                                                   residential settings. If EPA is able to               Studies with rats, mice, and rabbits
                                              Inert ingredients are all ingredients                determine that a finite tolerance is not              showed that PGME was not a
                                           that are not active ingredients as defined              necessary to ensure that there is a                   developmental toxicant (two inhalation
                                           in 40 CFR 153.125 and include, but are                  reasonable certainty that no harm will                and three gavage studies). Weight-of-
                                           not limited to, the following types of                  result from aggregate exposure to the                 evidence indicates that PGME is not
                                           ingredients (except when they have a                    inert ingredient, an exemption from the               genotoxic or carcinogenic. In a 2-year
                                           pesticidal efficacy of their own):                      requirement of a tolerance may be                     bioassay, there were no statistically
                                           Solvents such as alcohols and                           established.                                          significant increases in any tumor type
                                           hydrocarbons; surfactants such as                         Consistent with FFDCA section                       in rats and mice.
                                           polyoxyethylene polymers and fatty                      408(c)(2)(A), and the factors specified in
                                           acids; carriers such as clay and                        FFDCA section 408(c)(2)(B), EPA has                   B. Toxicological Points of Departure/
                                           diatomaceous earth; thickeners such as                  reviewed the available scientific data                Levels of Concern
                                           carrageenan and modified cellulose;                     and other relevant information in                        Once a pesticide’s toxicological
                                           wetting, spreading, and dispersing                      support of this action. EPA has                       profile is determined, EPA identifies
                                           agents; propellants in aerosol                          sufficient data to assess the hazards of              toxicological points of departure (POD)
                                           dispensers; microencapsulating agents;                  and to make a determination on                        and levels of concern to use in
                                           and emulsifiers. The term ‘‘inert’’ is not              aggregate exposure for PGME including                 evaluating the risk posed by human
                                           intended to imply nontoxicity; the                      exposure resulting from the exemption                 exposure to the pesticide. For hazards
                                           ingredient may or may not be                            established by this action. EPA’s                     that have a threshold below which there
                                           chemically active. Generally, EPA has                   assessment of exposures and risks                     is no appreciable risk, the toxicological
                                           exempted inert ingredients from the                     associated with PGME follows.                         POD is used as the basis for derivation
                                           requirement of a tolerance based on the                                                                       of reference values for risk assessment.
                                           low toxicity of the individual inert                    A. Toxicological Profile                              PODs are developed based on a careful
                                           ingredients.                                               EPA has evaluated the available                    analysis of the doses in each
                                                                                                   toxicity data and considered their                    toxicological study to determine the
                                           IV. Aggregate Risk Assessment and                       validity, completeness, and reliability as            dose at which the NOAEL and the
                                           Determination of Safety                                 well as the relationship of the results of            LOAEL are identified. Uncertainty/
                                              Section 408(c)(2)(A)(i) of FFDCA                     the studies to human risk. EPA has also               safety factors are used in conjunction
                                           allows EPA to establish an exemption                    considered available information                      with the POD to calculate a safe
                                           from the requirement for a tolerance (the               concerning the variability of the                     exposure level—generally referred to as
                                           legal limit for a pesticide chemical                    sensitivities of major identifiable                   a population-adjusted dose (PAD) or a
                                           residue in or on a food) only if EPA                    subgroups of consumers, including                     reference dose (RfD)—and a safe margin
                                           determines that the tolerance is ‘‘safe.’’              infants and children. Specific                        of exposure (MOE). For non-threshold
                                           Section 408(b)(2)(A)(ii) of FFDCA                       information on the studies received and               risks, the Agency assumes that any
                                           defines ‘‘safe’’ to mean that ‘‘there is a              the nature of the adverse effects caused              amount of exposure will lead to some
                                           reasonable certainty that no harm will                  by PGME as well as the no-observed-                   degree of risk. Thus, the Agency
                                           result from aggregate exposure to the                   adverse-effect-level (NOAEL) and the                  estimates risk in terms of the probability
                                           pesticide chemical residue, including                   lowest-observed-adverse-effect-level                  of an occurrence of the adverse effect
                                           all anticipated dietary exposures and all               (LOAEL) from the toxicity studies are                 expected in a lifetime. For more
                                           other exposures for which there is                      discussed in this unit.                               information on the general principles
                                           reliable information.’’ This includes                      PGME exhibits low acute toxicity by                EPA uses in risk characterization and a
                                           exposure through drinking water and in                  the oral, dermal, and inhalation routes.              complete description of the risk
                                           residential settings, but does not include              PGME is not a skin sensitizer or skin                 assessment process, see http://
                                           occupational exposure. Section                          irritant and was only slightly irritating             www.epa.gov/pesticides/factsheets/
                                           408(b)(2)(C) of FFDCA requires EPA to                   to the eye. In repeat dose inhalation                 riskassess.htm.
                                           give special consideration to exposure                  studies ranging from 11 days to six                      No acute adverse effect level has been
                                           of infants and children to the pesticide                months in duration, NOAELs of 300                     selected for PGME. The chronic NOAEL
                                           chemical residue in establishing a                      parts per million (ppm) and higher were               of 459.5 mg/kg/day was based on CNS
                                           tolerance and to ‘‘ensure that there is a               seen in rats, mice, rabbits, guinea pigs              effects at very high doses, enlarged
                                           reasonable certainty that no harm will                  and monkeys. Effects observed included                livers and weight loss in a 13 week oral
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                                           result to infants and children from                     sedation, hepatic changes and a                       study in rats.
                                           aggregate exposure to the pesticide                     decrease in body weight gain. Oral
                                           chemical residue. . . .’’                               NOAELs of 459.5 milligram/kilogram/                   C. Exposure Assessment
                                              EPA establishes exemptions from the                  day (mg/kg/day) and 919 mg/kg/day                       1. Dietary exposure from food and
                                           requirement of a tolerance only in those                were observed in rat studies lasting 13               feed uses. In evaluating dietary
                                           cases where it can be clearly                           and 5 weeks, respectively. Observations               exposure to PGME, EPA considered


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                                           54250        Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations

                                           exposure under the proposed exemption                   surface disinfection on walls, floors,                studies conducted in rats and rabbits
                                           from the requirement of a tolerance.                    tables). The highest exposures to                     with PGME administered via inhalation
                                           EPA assessed dietary exposures from                     consumers are likely to be associated                 showed no developmental toxicity in
                                           PGME in food as follows:                                with the use of paints and varnishes that             the rabbit and developmental delays
                                              An acute dietary risk assessment was                 contain PGME with some small dermal                   (delayed sternebral ossification) in the
                                           not conducted because no endpoint of                    exposures possible. Inhalation                        rat but only in the presence of maternal
                                           concern following a single exposure was                 exposures to relatively high                          toxicity. In oral developmental studies
                                           identified in the available studies. A                  concentrations of PGME are believed to                in rats, mice, and rabbits,
                                           chronic dietary exposure assessment                     be self-limiting due to the irritant effects          developmental delays were seen only in
                                           was completed and performed using the                   of the chemical. Based on this                        the rat fetuses at the highest dose tested.
                                           Dietary Exposure Evaluation Model                       residential exposure assessment,                         3. Conclusion. Based on this
                                           DEEM–FCIDTM, Version 3.16.which                         exposure to PGME would be low (less                   information there is no concern for
                                           includes food consumption information                   than 2 mg/kg/day). This level of                      increased sensitivity to infants and
                                           from the U.S. Department of                             exposure would be two orders of                       children to PGME when used as an inert
                                           Agriculture’s National Health and                       magnitude below that which would be                   ingredient in pesticide formulations. For
                                           Nutrition Examination Survey, ‘‘What                    of concern for PGME.                                  the same reason, a safety factor analysis
                                           We Eat In America’’, (NHANES/                              4. Cumulative effects from substances              has not been used to assess risk to
                                           WWEIA). This dietary survey was                         with a common mechanism of toxicity.                  PGME and, therefore, the additional
                                           conducted from 2003 to 2008. In the                     Section 408(b)(2)(D)(v) of FFDCA                      safety factor for the protection of infants
                                           absence of actual residue data, the inert               requires that, when considering whether               and children is also unnecessary.
                                           ingredient evaluation is based on a                     to establish, modify, or revoke a                        EPA has determined that reliable data
                                           highly conservative model that assumes                  tolerance, the Agency consider                        show the safety of infants and children
                                           that the residue level of the inert                     ‘‘available information’’ concerning the              would be adequately protected if the
                                           ingredient would be no higher than the                  cumulative effects of a particular                    FQPA SF were reduced to 1X. That
                                           highest established tolerance for an                    pesticide’s residues and ‘‘other                      decision is based on the following
                                           active ingredient on a given commodity.                 substances that have a common                         findings:
                                           Implicit in this assumption is that there               mechanism of toxicity.’’                                 i. The toxicity database for PGME is
                                           would be similar rates of degradation                      EPA has not found PGME to share a                  complete.
                                           between the active and inert ingredient                 common mechanism of toxicity with                        ii. There is a clinical signs of
                                           (if any) and that the concentration of                  any other substances, and PGME does                   neurotoxicity observed at very high oral
                                           inert ingredient in the scenarios leading               not appear to produce a toxic metabolite              doses. However, there are no concern at
                                           to these highest of tolerances would be                 produced by other substances. For the                 this time because the clinical signs were
                                           no higher than the concentration of the                 purposes of this tolerance action,                    observed at or above limit doses.
                                           active ingredient. The model assumes                    therefore, EPA has assumed that PGME                  Therefore there is no need for a
                                           100 percent crop treated (PCT) for all                  does not have a common mechanism of                   developmental neurotoxicity study or
                                           crops and that every food eaten by a                    toxicity with other substances. For                   additional UFs to account for
                                           person each day has tolerance-level                     information regarding EPA’s efforts to                neurotoxicity.
                                           residues. A complete description of the                 determine which chemicals have a                         iii. There is no evidence that PGME
                                           general approach taken to assess inert                  common mechanism of toxicity and to                   results in increased susceptibility in in
                                           ingredient risks in the absence of                      evaluate the cumulative effects of such               utero rats or rabbits in the prenatal
                                           residue data is contained in the                        chemicals, see EPA’s Web site at http://              developmental studies or in young rats
                                           memorandum entitled ‘‘Alkyl Amines                      www.epa.gov/pesticides/cumulative.                    in the 2-generation reproduction study.
                                           Polyalkoxylates (Cluster 4): Acute and                                                                           iv. There are no residual uncertainties
                                                                                                   D. Safety Factor for Infants and                      identified in the exposure databases.
                                           Chronic Aggregate (Food and Drinking
                                                                                                   Children                                              The dietary food exposure assessments
                                           Water) Dietary Exposure and Risk
                                           Assessments for the Inerts’’ (D361707, S.                 1. In general. Section 408(b)(2)(C) of              were performed based on 100% CT and
                                           Piper, 2/25/09) and can be found at                     FFDCA provides that EPA shall apply                   model estimates from the use of PGME
                                           http://www.regulations.gov in docket ID                 an additional tenfold (10X) margin of                 in pesticidal formulations resulting in
                                           number EPA–HQ–OPP–2008–0738.                            safety for infants and children in the                chronic dietary exposure estimates for
                                              2. Dietary exposure from drinking                    case of threshold effects to account for              food and drinking water below the
                                           water. For the purpose of the screening                 prenatal and postnatal toxicity and the               Agency’s level of concern. EPA made
                                           level dietary risk assessment to support                completeness of the database on toxicity              conservative (protective) assumptions in
                                           this request for an exemption from the                  and exposure unless EPA determines                    the ground and surface water modeling
                                           requirement of a tolerance for PGME, a                  based on reliable data that a different               used to assess exposure to PGME in
                                           conservative drinking water                             margin of safety will be safe for infants             drinking water. EPA used similarly
                                           concentration value of 100 parts per                    and children. This additional margin of               conservative assumptions to assess
                                           billion (ppb) based on screening level                  safety is commonly referred to as the                 postapplication exposure of children as
                                           modeling was used to assess the                         Food Quality Protection Act Safety                    well as incidental oral exposure of
                                           contribution to drinking water for the                  Factor (FQPA SF). In applying this                    toddlers. These assessments will not
                                           chronic dietary risk assessments for                    provision, EPA either retains the default             underestimate the exposure and risks
                                           parent compound. These values were                      value of 10X, or uses a different                     posed by PGME.
                                           directly entered into the dietary                       additional safety factor when reliable
                                           exposure model.                                         data available to EPA support the choice              E. Aggregate Risks and Determination of
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                                              3. From non-dietary exposure. The                    of a different factor.                                Safety
                                           term ‘‘residential exposure’’ is used in                  2. Prenatal and postnatal sensitivity.                Determination of safety section. EPA
                                           this document to refer to non-                          Studies in laboratory animals indicate                determines whether acute and chronic
                                           occupational, non-dietary exposure                      that PGME is not a developmental                      dietary pesticide exposures are safe by
                                           (e.g., textiles (clothing and diapers),                 toxicant when administered via                        comparing aggregate exposure estimates
                                           carpets, swimming pools, and hard                       inhalation or ingestion. Developmental                to the acute PAD (aPAD) and chronic


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                                                        Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations                                         54251

                                           PAD (cPAD). For linear cancer risks,                    short-term residential exposures to                   VII. Statutory and Executive Order
                                           EPA calculates the lifetime probability                 PGME.                                                 Reviews
                                           of acquiring cancer given the estimated                    Using the exposure assumptions                        This action establishes a tolerance
                                           aggregate exposure. Short-,                             described in this unit for short-term                 under FFDCA section 408(d) in
                                           intermediate-, and chronic-term risks                   exposures, EPA has concluded the                      response to a petition submitted to the
                                           are evaluated by comparing the                          combined intermediate-term food,                      Agency. The Office of Management and
                                           estimated aggregate food, water, and                    water, and residential exposures are
                                                                                                                                                         Budget (OMB) has exempted these types
                                           residential exposure to the appropriate                 below EPA’s level of concern for PGME
                                                                                                                                                         of actions from review under Executive
                                           PODs to ensure that an adequate MOE                     based on highly conservative
                                                                                                                                                         Order 12866, entitled ‘‘Regulatory
                                           exists.                                                 assumptions made regarding residential
                                                                                                                                                         Planning and Review’’ (58 FR 51735,
                                              1. Acute risk. An acute aggregate risk               and dietary exposures to PGME as
                                                                                                                                                         October 4, 1993). Because this action
                                           assessment takes into account acute                     described in Unit IV. Section C.
                                                                                                      5. Aggregate cancer risk for U.S.                  has been exempted from review under
                                           exposure estimates from dietary                                                                               Executive Order 12866, this action is
                                           consumption of food and drinking                        population. Based on the lack of
                                                                                                   evidence of carcinogenicity in two                    not subject to Executive Order 13211,
                                           water. No adverse effect resulting from                                                                       entitled ‘‘Actions Concerning
                                           a single oral exposure was identified                   adequate rodent carcinogenicity studies,
                                                                                                   PGME is not expected to pose a cancer                 Regulations That Significantly Affect
                                           and no acute dietary endpoint was                                                                             Energy Supply, Distribution, or Use’’ (66
                                           selected. Therefore, PGME is not                        risk to humans.
                                                                                                      6. Determination of safety. Based on               FR 28355, May 22, 2001) or Executive
                                           expected to pose an acute risk.                                                                               Order 13045, entitled ‘‘Protection of
                                                                                                   these risk assessments, EPA concludes
                                              2. Chronic risk. Using the exposure                                                                        Children from Environmental Health
                                                                                                   that there is a reasonable certainty that
                                           assumptions described in this unit for                                                                        Risks and Safety Risks’’ (62 FR 19885,
                                                                                                   no harm will result to the general
                                           chronic exposure, EPA has concluded                                                                           April 23, 1997). This action does not
                                                                                                   population, or to infants and children
                                           that chronic exposure to PGME from                                                                            contain any information collections
                                                                                                   from aggregate exposure to PGME
                                           food and water will utilize 15.4% of the                                                                      subject to OMB approval under the
                                                                                                   residues.
                                           cPAD for children 1–2 years old, the                                                                          Paperwork Reduction Act (PRA) (44
                                           population group receiving the greatest                 V. Other Considerations                               U.S.C. 3501 et seq.), nor does it require
                                           exposure. Based on the explanation in                   A. Analytical Enforcement Methodology                 any special considerations under
                                           this unit, regarding residential use                                                                          Executive Order 12898, entitled
                                           patterns, chronic residential exposure to                 An analytical method is not required
                                                                                                                                                         ‘‘Federal Actions to Address
                                           residues of PGME is not expected.                       for enforcement purposes since the
                                                                                                                                                         Environmental Justice in Minority
                                              3. Short-term risk. Short-term                       Agency is establishing an exemption
                                                                                                                                                         Populations and Low-Income
                                           aggregate exposure takes into account                   from the requirement of a tolerance
                                                                                                                                                         Populations’’ (59 FR 7629, February 16,
                                           short-term residential exposure plus                    without any numerical limitation.
                                                                                                                                                         1994).
                                           chronic exposure to food and water                      B. International Residue Limits                          Since tolerances and exemptions that
                                           (considered to be a background                                                                                are established on the basis of a petition
                                                                                                     In making its tolerance decisions, EPA
                                           exposure level).                                                                                              under FFDCA section 408(d), such as
                                                                                                   seeks to harmonize U.S. tolerances with
                                              PGME may be used as an inert                         international standards whenever                      the tolerance in this final rule, do not
                                           ingredient in pesticide products that are               possible, consistent with U.S. food                   require the issuance of a proposed rule,
                                           registered for uses that could result in                safety standards and agricultural                     the requirements of the Regulatory
                                           short-term residential exposure, and the                practices. EPA considers the                          Flexibility Act (RFA) (5 U.S.C. 601 et
                                           Agency has determined that it is                        international maximum residue limits                  seq.), do not apply.
                                           appropriate to aggregate chronic                        (MRLs) established by the Codex                          This action directly regulates growers,
                                           exposure through food and water with                    Alimentarius Commission (Codex), as                   food processors, food handlers, and food
                                           short-term residential exposures to                     required by FFDCA section 408(b)(4).                  retailers, not States or tribes, nor does
                                           PGME.                                                   The Codex Alimentarius is a joint                     this action alter the relationships or
                                              Using the exposure assumptions                       United Nation Food and Agriculture                    distribution of power and
                                           described in this unit for short-term                   Organization/World Health                             responsibilities established by Congress
                                           exposures, EPA has concluded the                        Organization food standards program,                  in the preemption provisions of FFDCA
                                           combined short-term food, water, and                    and it is recognized as an international              section 408(n)(4). As such, the Agency
                                           residential exposures are below EPA’s                   food safety standards-setting                         has determined that this action will not
                                           level of concern for PGME based on                      organization in trade agreements to                   have a substantial direct effect on States
                                           highly conservative assumptions made                    which the United States is a party. EPA               or tribal governments, on the
                                           regarding residential and dietary                       may establish a tolerance that is                     relationship between the national
                                           exposures to PGME as described in Unit                  different from a Codex MRL; however,                  government and the States or tribal
                                           IV. Section C.                                          FFDCA section 408(b)(4) requires that                 governments, or on the distribution of
                                              4. Intermediate-term risk.                           EPA explain the reasons for departing                 power and responsibilities among the
                                           Intermediate-term aggregate exposure                    from the Codex level.                                 various levels of government or between
                                           takes into account intermediate-term                      The Codex has not established a MRL                 the Federal Government and Indian
                                           residential exposure plus chronic                       for PGME.                                             tribes. Thus, the Agency has determined
                                           exposure to food and water (considered                                                                        that Executive Order 13132, entitled
                                           to be a background exposure level).                     VI. Conclusions                                       ‘‘Federalism’’ (64 FR 43255, August 10,
                                              PGME may be used as an inert                           Therefore, an exemption from the                    1999) and Executive Order 13175,
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                                           ingredient in pesticide products that are               requirement of a tolerance is established             entitled ‘‘Consultation and Coordination
                                           registered for uses that could result in                under 40 CFR 180.910 for PGME (CAS                    with Indian Tribal Governments’’ (65 FR
                                           intermediate-term residential exposure,                 No. 107–98–2) when used as an inert                   67249, November 9, 2000) do not apply
                                           and the Agency has determined that it                   ingredient (as a solvent) in pesticide                to this action. In addition, this action
                                           is appropriate to aggregate chronic                     formulations applied to crops, post-                  does not impose any enforceable duty or
                                           exposure through food and water with                    harvest.                                              contain any unfunded mandate as


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                                           54252         Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations

                                           described under Title II of the Unfunded                General of the United States prior to                       PART 180—[AMENDED]
                                           Mandates Reform Act (UMRA) (2 U.S.C.                    publication of the rule in the Federal
                                           1501 et seq.).                                          Register. This action is not a ‘‘major                      ■ 1. The authority citation for part 180
                                             This action does not involve any                      rule’’ as defined by 5 U.S.C. 804(2).                       continues to read as follows:
                                           technical standards that would require
                                           Agency consideration of voluntary                       List of Subjects in 40 CFR Part 180                             Authority: 21 U.S.C. 321(q), 346a and 371.
                                           consensus standards pursuant to section                   Environmental protection,                                 ■ 2. In § 180.910, add alphabetically the
                                           12(d) of the National Technology                        Administrative practice and procedure,                      following inert ingredient to the table to
                                           Transfer and Advancement Act                            Agricultural commodities, Pesticides                        read as follows:
                                           (NTTAA) (15 U.S.C. 272 note).                           and pests, Reporting and recordkeeping
                                                                                                   requirements.                                               § 180.910 Inert ingredients used pre- and
                                           VIII. Congressional Review Act
                                                                                                     Dated: August 17, 2015.                                   post-harvest; exemptions from the
                                             Pursuant to the Congressional Review                                                                              requirement of a tolerance.
                                           Act (5 U.S.C. 801 et seq.), EPA will                    Susan Lewis,
                                                                                                   Director, Registration Division, Office of                  *         *        *         *         *
                                           submit a report containing this rule and
                                           other required information to the U.S.                  Pesticide Programs.
                                           Senate, the U.S. House of                                 Therefore, 40 CFR chapter I is
                                           Representatives, and the Comptroller                    amended as follows:

                                                                                   Inert ingredients                                                                         Limits                                      Uses


                                                    *                  *                  *                            *                            *                                *                                *
                                           Propylene glycol monomethyl ether (CAS No. 107–98–2) ..............................................   none ............................................................   solvent.

                                                     *                       *                       *                       *                         *                               *                             *



                                           [FR Doc. 2015–22030 Filed 9–8–15; 8:45 am]              SUPPLEMENTARY INFORMATION:       This                       under OMB control numbers 3060–0550
                                           BILLING CODE 6560–50–P                                  document announces that, on August                          and 3060–0560, and FCC Form 328.
                                                                                                   25, 2015, OMB approved the                                    Under 5 CFR part 1320, an agency
                                                                                                   information collection requirements                         may not conduct or sponsor a collection
                                           FEDERAL COMMUNICATIONS                                  contained in the Commission’s Report                        of information unless it displays a
                                           COMMISSION                                              and Order, FCC 15–62, published at 80                       current, valid OMB Control Number. No
                                                                                                   FR 38001, July 2, 2015. The OMB                             person shall be subject to any penalty
                                           47 CFR Part 76                                          Control Numbers 3060–0550 and 3060–                         for failing to comply with a collection
                                                                                                   0560. The Commission publishes this                         of information subject to the Paperwork
                                           [MB Docket No. 15–53; FCC 15–62]
                                                                                                   document as an announcement of the                          Reduction Act that does not display a
                                           Concerning Effective Competition;                       effective date of the requirements. If you                  current, valid OMB Control Number.
                                           Implementation of Section 111 of the                    have any comments on the burden                             The OMB Control Numbers are 3060–
                                           STELA Reauthorization Act                               estimates listed below, or how the                          0550 and 3060–0560.
                                                                                                   Commission can improve the                                    The foregoing notice is required by
                                           AGENCY:   Federal Communications                                                                                    the Paperwork Reduction Act of 1995,
                                                                                                   collections and reduce any burdens
                                           Commission.                                                                                                         Public Law 104–13, October 1, 1995,
                                                                                                   caused thereby, please contact Cathy
                                           ACTION: Final rule; announcement of                     Williams, Federal Communications                            and 44 U.S.C. 3507.
                                           effective date.                                         Commission, Room 1–C823, 445 12th                             The total annual reporting burdens
                                                                                                   Street SW., Washington, DC 20554.                           and costs for the respondents are as
                                           SUMMARY:  In this document, the Federal                                                                             follows:
                                           Communications Commission                               Please include the OMB Control
                                           (Commission) announces that the Office                  Numbers, 3060–0550 and 3060–0560 in                           OMB Control Number: 3060–0550.
                                           of Management and Budget (OMB) has                      your correspondence. The Commission                           OMB Approval Date: August 25, 2015.
                                           approved, for a period of three years, the              will also accept your comments via                            OMB Expiration Date: August 31,
                                           information collection requirements                     email at PRA@fcc.gov.                                       2018.
                                           associated with the Commission’s                                                                                      Title: Local Franchising Authority
                                                                                                      To request materials in accessible
                                           Report and Order, MB Docket No. 15–                                                                                 Certification, FCC Form 328; Section
                                                                                                   formats for people with disabilities
                                           53, FCC 15–62. This document is                                                                                     76.910, Franchising Authority
                                                                                                   (Braille, large print, electronic files,
                                           consistent with the Report and Order,                                                                               Certification.
                                                                                                   audio format), send an email to fcc504@
                                           which stated that the Commission                                                                                      Form No.: FCC Form 328.
                                                                                                   fcc.gov or call the Consumer and
                                           would publish a document in the                                                                                       Respondents: State, local or tribal
                                                                                                   Governmental Affairs Bureau at (202)                        governments; Businesses or other for-
                                           Federal Register announcing OMB                         418–0530 (voice), (202) 418–0432
                                           approval and the effective date of the                                                                              profit entities.
                                                                                                   (TTY).                                                        Number of Respondents and
                                           requirements.
                                                                                                   Synopsis                                                    Responses: 7 respondents; 13 responses.
                                           DATES:  The rule amendments and FCC                                                                                   Estimated Time per Response: 2
Lhorne on DSK5TPTVN1PROD with RULES




                                           Form 328, published at 80 FR 38001,                       As required by the Paperwork                              hours.
                                           July 2, 2015 are effective on September                 Reduction Act of 1995 (44 U.S.C. 3507),                       Frequency of Response: One-time
                                           9, 2015.                                                the FCC is notifying the public that it                     reporting requirement; Third party
                                           FOR FURTHER INFORMATION CONTACT:                        received OMB approval on August 25,                         disclosure requirement.
                                           Cathy Williams, Cathy.Williams@                         2015, 2015, for the information                               Obligation to Respond: Required to
                                           fcc.gov, (202) 418–2918.                                collection requirements contained                           obtain or retain benefits. The statutory


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Document Created: 2015-12-15 09:52:59
Document Modified: 2015-12-15 09:52:59
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 September 9, 2015. Objections and requests for hearings must be received on or before November 9, 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; main telephone
FR Citation80 FR 54248 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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