80_FR_80516 80 FR 80269 - Propiconazole on Tea; Pesticide Tolerance

80 FR 80269 - Propiconazole on Tea; Pesticide Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80269-80275
FR Document2015-32328

This regulation establishes a tolerance for residues of propiconazole in or on tea. The Tea Association of the U.S.A., Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Rules and Regulations]
[Pages 80269-80275]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0685; FRL-9940-01]


Propiconazole on Tea; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for residues of 
propiconazole in or on tea. The Tea Association of the U.S.A., Inc. 
requested these tolerances under the Federal Food, Drug, and Cosmetic 
Act (FFDCA).

DATES: This regulation is effective December 24, 2015. Objections and 
requests for hearings must be received on or before February 22, 2016, 
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-2015-0685, 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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Government 
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2015-0685 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 
February 22, 2016. Addresses for

[[Page 80270]]

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-2015-0685, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-for Tolerance

    In the Federal Register of October 21, 2015 (80 FR 63731) (FRL-
9935-29), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 
4E8300) by the Tea Association of the U.S.A., Inc., 362 5th Avenue, 
Suite 801, New York, New York, 10001. The petition requested that 40 
CFR 180.434 be amended by establishing a tolerance for residues of the 
fungicide propiconazole in or on tea at 4.0 parts per million (ppm). 
That document referenced a summary of the petition prepared by the Tea 
Association of the U.S.A., Inc., the registrant, which is available in 
the docket, http://www.regulations.gov. No comments concerning this 
tolerance action were received.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for propiconazole including 
exposure resulting from the tolerances established by this action. 
EPA's assessment of exposures and risks associated with propiconazole 
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children.
    The primary target organ for propiconazole toxicity in animals is 
the liver. Increased liver weights were seen in mice after subchronic 
or chronic oral exposures to propiconazole. Liver lesions such as 
vacuolation of hepatocytes, ballooned liver cells, foci of enlarged 
hepatocytes, hypertrophy, and necrosis are characteristic of 
propiconazole toxicity in rats and mice. Decreased body weight gain was 
also seen in subchronic, chronic, developmental and reproductive 
studies in animal studies. Dogs appeared to be more sensitive to the 
localized toxicity of propiconazole as manifested by stomach 
irritations at 6 milligram/kilogram/day (mg/kg/day) and above.
    In rabbits, developmental toxicity occurred at a higher dose than 
the maternally toxic dose, while in rats, developmental toxicity 
occurred at lower doses than maternal toxic doses. Increased incidences 
of rudimentary ribs occurred in rat and rabbit fetuses. Increased cleft 
palate malformations were noted in two studies in rats. In one 
published study in rats, developmental effects (malformations of the 
lung and kidneys, incomplete ossification of the skull, caudal 
vertebrae and digits, extra rib (14th rib), and missing sternbrae) were 
reported at doses that were not maternally toxic. In the 2-generation 
reproduction study in rats, offspring toxicity occurred at a higher 
dose than the parental toxic dose suggesting lower susceptibility of 
the offspring to the toxic doses of propiconazole.
    The acute neurotoxicity study produced severe clinical signs of 
toxicity (decreased activity, cold, pale, decreased motor activity, 
etc.) in rats at the high dose of 300 milligram/kilogram (mg/kg). 
Limited clinical signs (piloerection, diarrhea, tip toe gait) were 
observed in the mid-dose animals (100 mg/kg), while no treatment 
related signs were observed at 30 mg/kg. The current acute dietary 
assessment for the general population is based on the no-observed-
adverse-effect-level (NOAEL) of 30 mg/kg from the acute neurotoxicity 
study. A subchronic neurotoxicity study in rats did not produce 
neurotoxic signs at the highest dose tested that was associated with 
decreased body weight.
    Propiconazole was negative for mutagenicity in the in vitro BALB/
3T3 cell transformation assay, bacterial reverse mutation assay, 
Chinese hamster bone marrow chromosomal aberration assay, unscheduled 
DNA synthesis studies in human fibroblasts and primary rat hepatocytes, 
mitotic gene conversion assay, and the dominant lethal assay in mice. 
It caused proliferative changes in the rat liver with or without 
pretreatment with an initiator, like phenobarbital, a known liver tumor 
promoter. Liver enzyme induction studies with propiconazole in mice 
demonstrated that propiconazole is a strong phenobarbital type inducer 
of xenobiotic metabolizing enzymes. Hepatocellular proliferation 
studies in mice suggest that propiconazole induces cell proliferation 
followed by treatment-related hypertrophy in a manner similar to the 
known hypertrophic agent phenobarbital.
    Propiconazole was carcinogenic to male mice but was not 
carcinogenic to rats or to female mice. The Agency classified 
propiconazole as a possible human carcinogen and recommended that, for 
the purpose of risk characterization, the reference dose (RfD) approach 
be used for quantification of human risk. Propiconazole is not 
genotoxic and this fact, together with special mechanistic studies, 
indicates that propiconazole is a threshold carcinogen. Propiconazole

[[Page 80271]]

produced liver tumors in male mice only at a high dose that was toxic 
to the liver. At doses below the RfD, liver toxicity is not expected; 
therefore, tumors are also not expected.
    Specific information on the studies received and the nature of the 
adverse effects caused by propiconazole as well as the NOAEL and the 
lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies 
can be found at http://www.regulations.gov in document, ``Propiconazole 
Human Health Risk Assessment for the New Use of Propiconazole on 
Imported Tea'' at pp. 41-46 in docket ID number EPA-HQ-OPP-2015-0685.

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 RfD--and a safe margin of exposure (MOE). For 
non-threshold risks, the Agency assumes that any amount of exposure 
will lead to some degree of risk. Thus, the Agency estimates risk in 
terms of the probability of an occurrence of the adverse effect 
expected in a lifetime. For more information on the general principles 
EPA uses in risk characterization and a complete description of the 
risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for propiconazole used for 
human risk assessment is shown in Table 1.

 Table 1--Summary of Toxicological Doses and Endpoints for Propiconazole for Use in Human Health Risk Assessment
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                                    Point of departure
        Exposure/scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
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Acute dietary (Females 13-50       NOAEL = 30 mg/kg/day  Acute RfD = 0.3 mg/  Developmental Study--Rat MRID
 years of age).                    UFA = 10x...........   kg/day.              40425001
                                   UFH = 10x...........  aPAD = 0.3 mg/kg/    LOAEL = 90 mg/kg/day based on
                                   FQPA SF = 1x........   day.                 increased incidence of
                                                                               rudimentary ribs, un-ossified
                                                                               sternebrae, as well as increased
                                                                               incidence of shortened and absent
                                                                               renal papillae and increased
                                                                               cleft palate.
Acute dietary (General population  NOAEL = 30 mg/kg/day  Acute RfD = 0.3 mg/  Acute neurotoxicity study Rat MRID
 including infants and children).  UFA = 10x...........   kg/day.              46604601
                                   UFH = 10x...........  aPAD = 0.3 mg/kg/    LOAEL = 100 mg/kg/day based on
                                   FQPA SF = 1x........   day.                 clinical signs of toxicity
                                                                               (piloerection in one male,
                                                                               diarrhea in one female, tip toe
                                                                               gait in 3 females).
Chronic dietary (Adult Males and   NOAEL= 10 mg/kg/day.  Chronic RfD = 0.1    24-month carcinogenicity study on
 Females 50+ yrs).                 UFA = 10x...........   mg/kg/day.           CD-1 mice. MRID 00129918
                                   UFH = 10x...........  cPAD = 0.1 mg/kg/    LOAEL = 50 mg/kg/day based on non-
                                   FQPA SF = 1x........   day.                 neoplastic liver effects
                                                                               (increased liver weight in males
                                                                               and increase in liver lesions:
                                                                               Masses/raised areas/swellings/
                                                                               nodular areas mainly).
Incidental oral short-term (1 to   NOAEL= 30 mg/kg/day.  Residential LOC for  Acute Neurotoxicity Study--Rats
 30 days).                         UFA = 10x...........   MOE = 100.           MRID 46604601
                                   UFH = 10x...........  Occupational LOC     LOAEL = 100 mg/kg/day based on
                                   FQPA SF= 1x.........   for MOE = 100.       clinical signs of toxicity
                                                                               (piloerection in one male,
                                                                               diarrhea in one female, tip toe
                                                                               gait in 3 females).
Incidental oral intermediate-term  NOAEL= 10 mg/kg/day.  Residential LOC for  24 Month carcinogenicity Study--
 (1 to 6 months).                  UFA= 10x............   MOE = 100.           Mice MRID 00129918
                                   UFH= 10x............  Occupational LOC     LOAEL = 50 mg/kg/day based on non-
                                   FQPA SF= 1x.........   for MOE = 100.       neoplastic liver effects
                                                                               (increased liver weight in males
                                                                               and increase in liver lesions:
                                                                               Masses/raised areas/swellings/
                                                                               nodular areas mainly).
Dermal Short Term (1-30 days)....  NOAEL= 30 mg/kg/day.  Residential LOC for  Acute Neurotoxicity Study--Rats
                                   UFA= 10x............   MOE = 100.           MRID 46604601
                                   UFH= 10x............  Occupational LOC     LOAEL = 100 mg/kg/day based on
                                                          for MOE = 100.       clinical signs of toxicity
                                                                               (piloerection in one male,
                                                                               diarrhea in one female, tip toe
                                                                               gait in 3 females).
Dermal Intermediate Term (1-6      NOAEL= 10 mg/kg/day.  Residential LOC for  24 Month carcinogenicity Study--
 months).                          UFA= 10x............   MOE = 100.           Mice MRID 00129918
                                   UFH= 10x............  Occupational LOC     LOAEL = 50 mg/kg/day based on non-
                                                          for MOE = 100.       neoplastic liver effects
                                                                               (increased liver weight in males
                                                                               and increase in liver lesions:
                                                                               Masses/raised areas/swellings/
                                                                               nodular areas mainly).
Inhalation Short-term (1 to 30     NOAEL= 30 mg/kg/day.  Occupational LOC     Acute Neurotoxicity Study--Rats
 days).                            UFA = 10x...........   for MOE = 100.       MRID 46604601
                                   UFH = 10x...........                       LOAEL = 100 mg/kg/day based on
                                                                               clinical signs of toxicity
                                                                               (piloerection in one male,
                                                                               diarrhea in one female, tip toe
                                                                               gait in 3 females).
Inhalation Intermediate-Term (1    NOAEL = 10 mg/kg/day  Occupational LOC     24 Month carcinogenicity Study--
 to 6 months).                     UFA = 10x...........   for MOE = 100.       Mice MRID 00129918
                                   UFH = 10x...........                       LOAEL = 50 mg/kg/day based on non-
                                                                               neoplastic liver effects
                                                                               (increased liver weight in males
                                                                               and increase in liver lesions:
                                                                               Masses/raised areas/swellings/
                                                                               nodular areas mainly).
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[[Page 80272]]

 
Cancer (all routes--oral, dermal,    Classification: Group C, possible human carcinogen, RfD approach for risk
 inhalation).                                                     characterization.
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FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFDB = to account for the absence of data or other
  data deficiency. UFH = potential variation in sensitivity among members of the human population
  (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to propiconazole, EPA considered exposure under the 
petitioned-for tolerances as well as all existing propiconazole 
tolerances in 40 CFR 180.434. EPA assessed dietary exposures from 
propiconazole in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a 1-day or single exposure. Such effects were identified 
for propiconazole. In estimating acute dietary exposure, EPA used food 
consumption information from the United States Department of 
Agriculture (USDA) National Health and Nutrition Examination Survey, 
What We Eat in America, (NHANES/WWEIA). This dietary survey was 
conducted from 2003 to 2008. As to residue levels in food, EPA 
conducted an acute dietary analysis for propiconazole residues of 
concern using tolerance levels and 100 percent crop treated (PCT) for 
all existing and proposed uses.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA NHANES/
WWEIA. This dietary survey was conducted from 2003 to 2008. As to 
residue levels in food, EPA conducted a chronic dietary analysis for 
propiconazole residues of concern average field trial residues, 
tolerance levels and 100 PCT for all existing and proposed uses.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that a nonlinear RfD approach is appropriate for assessing 
cancer risk to propiconazole. Cancer risk was assessed using the same 
exposure estimates as discussed in Unit III.C.1.ii., chronic exposure.
    iv. Anticipated residue and percent crop treated (PCT) information. 
Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and 
information on the anticipated residue levels of pesticide residues in 
food and the actual levels of pesticide residues that have been 
measured in food. If EPA relies on such information, EPA must require 
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after 
the tolerance is established, modified, or left in effect, 
demonstrating that the levels in food are not above the levels 
anticipated. For the present action, EPA will issue such data call-ins 
as are required by FFDCA section 408(b)(2)(E) and authorized under 
FFDCA section 408(f)(1). Data will be required to be submitted no later 
than 5 years from the date of issuance of these tolerances.
    2. Dietary exposure from drinking water. The Agency used screening-
level water exposure models in the dietary exposure analysis and risk 
assessment for propiconazole in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of propiconazole. Further information regarding EPA 
drinking water models used in pesticide exposure assessment can be 
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    The Agency does not expect any additional residues of propiconazole 
in drinking water as a result of the imported tea use. Therefore, the 
Agency is relying on the previous drinking water assessment for 
assessing propiconazole tolerances. The previously assessed turf EDWCs 
are approximately one order of magnitude higher and more protective 
than the EDWCs for the new use.
    Based on the Surface Water Concentration Calculator (SWCC) and 
Pesticide Root Zone Model--Ground Water (PRZM-GW) models, the estimated 
drinking water concentrations (EDWCs) of propiconazole for acute 
exposures are estimated to be 35.2 parts per billion (ppb) for surface 
water and 37.9 ppb for ground water, and for chronic exposures are 
estimated to be 18.6 ppb for surface water and 35.1 ppb for ground 
water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For acute dietary risk 
assessment, the water concentration value of 37.9 ppb was used to 
assess the contribution to drinking water. For chronic dietary risk 
assessment, the water concentration of value 35.1 ppb was used to 
assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    Although there are no proposed residential uses associated with the 
imported tea use, propiconazole is currently registered for the 
following uses that could result in residential exposures: Turf, 
landscapes, ornamentals, and in paint. The highest incidental oral and 
dermal exposure scenarios are expected from residential use on turf. 
EPA assessed short-term risk to toddlers from incidental oral and 
dermal exposure as well as from post-application dermal exposure. The 
highest post application exposure from residential use on turf was used 
to assess risk to short-term aggregate exposures.
    The only residential use scenario that will result in potential 
intermediate-term exposure to propiconazole is wood treatment, which 
the Agency assumes may result in dermal and incidental oral post-
application exposures to children. Further information regarding EPA 
standard assumptions and generic inputs for residential exposures may 
be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''

[[Page 80273]]

    Propiconazole is a member of the triazole-containing class of 
pesticides. Although conazoles act similarly in plants (fungi) by 
inhibiting ergosterol biosynthesis, there is not necessarily a 
relationship between their pesticidal activity and their mechanism of 
toxicity in mammals. Structural similarities do not constitute a common 
mechanism of toxicity. Evidence is needed to establish chemicals 
operate by the same, or essentially the same, sequence of major 
biochemical events (EPA, 2002). In conazoles, however, a variable 
pattern of toxicological responses is found; some are hepatotoxic and 
hepatocarcinogenic in mice. Some induce thyroid tumors in rats. Some 
induce developmental, reproductive, and neurological effects in 
rodents. Furthermore, the conazoles produce a diverse rand of 
biochemical events including altered cholesterol levels, stress 
responses, and altered DNA methylation. It is not clearly understood 
whether these biochemical events are directly connected to their 
toxicological outcomes.
    Thus, there is currently no evidence to indicate that conazoles 
share common mechanisms of toxicity and EPA is not following a 
cumulative risk approach based on a common mechanism of toxicity for 
the conazoles. 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.
    Propiconazole is a triazole-derived pesticide. This class of 
compounds can form the common metabolite 1,2,4-triazole and two 
triazole conjugates (triazolylalanine and triazolylacetic acid). To 
support existing tolerances and to establish new tolerances for 
triazole-derivative pesticides, including propiconazole, EPA conducted 
a human health risk assessment for exposure to 1,2,4-triazole, 
triazolylalanine, and triazolylacetic acid resulting from the use of 
all current and pending uses of any triazole-derived fungicide. The 
risk assessment is a highly conservative, screening-level evaluation in 
terms of hazards associated with common metabolites (e.g., use of a 
maximum combination of uncertainty factors) and potential dietary and 
non-dietary exposures (i.e., high end estimates of both dietary and 
non-dietary exposures). The Agency retained a 3X for the LOAEL to NOAEL 
safety factor when the reproduction study was used. In addition, the 
Agency retained a 10X for the lack of studies including a DNT. The 
assessment includes evaluations of risks for various subgroups, 
including those comprised of infants and children. The Agency's 
complete risk assessment is found in the propiconazole reregistration 
docket at http://www.regulations.gov, Docket ID Number EPA-HQ-OPP-2005-
0497.
    An updated aggregate human health risk assessment for the common 
triazole metabolites 1,2,4-triazole (T), triazolylalanine (TA), 
triazolylacetic acid (TAA), and triazolylpyruvic acid (TP) was 
completed on April 9, 2015, in association with the registration 
requests for several triazole fungicides (propiconazole, 
difenoconazole, and flutriafol). That analysis concluded that risk 
estimates were below the Agency's level of concern for all population 
groups. This assessment may be found on http://www.regulations.gov by 
searching for the following title and docket ID number: ``Common 
Triazole Metabolites: Updated Aggregate Human Health Risk Assessment to 
Address The New Section 3 Registrations For Use of Propiconazole on 
Tea, Dill, Mustard Greens, Radish, and Watercress; Use of 
Difenoconazole on Globe Artichoke, Ginseng and Greenhouse Grown 
Cucumbers and Conversion of the Established Foliar Uses/Tolerances for 
Stone Fruit and Tree Nut Crop Groups to Fruit, Stone, Group 12-12 and 
the Nut, Tree, Group 14-12.; and Use of Flutriafol on Hops'' located 
under docket ID number EPA-HQ-OPP-2015-0685.

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. In the developmental 
toxicity study in rats, fetal effects observed in this study at a dose 
lower than that evoking maternal toxicity are considered to be 
quantitative evidence of increased susceptibility of fetuses to in 
utero exposure to propiconazole. Neither quantitative nor qualitative 
evidence of increased susceptibility was observed in utero or post-
natally in either the rabbit developmental or 2-generation reproduction 
rat study. There is no evidence of neuropathology or abnormalities in 
the development of the fetal nervous system from the available toxicity 
studies conducted with propiconazole. In the rat acute neurotoxicity 
study, there was evidence of clinical toxicity at the high dose of 300 
mg/kg, but no evidence of neuropathology from propiconazole 
administration.
    Although there was quantitative evidence of increased 
susceptibility of the young following exposure to propiconazole in the 
developmental rat study, the Agency determined there is a low degree of 
concern for this finding and no residual uncertainties because the 
increased susceptibility was based on minimal toxicity at high doses of 
administration, clear NOAELs and LOAELs have been identified for all 
effects of concern, and a clear dose-response has been well defined.
    3. Conclusion. EPA has determined that reliable data show the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1x. That decision is based on the following 
findings:
    i. The toxicity database for propiconazole is complete.
    ii. Other than the mild effects seen at 300 mg/kg in the acute 
neurotoxicity study, neurotoxicity and neurobehavioral effects were not 
seen in the propiconazole toxicity database. The liver, not the nervous 
system, is the primary target organ of propiconazole toxicity.
    iii. Although an apparent increased quantitative susceptibility was 
observed in fetuses and offspring, for reasons noted in this Unit, 
residual uncertainties or concerns for prenatal and/or postnatal 
toxicity are minimal.
    iv. There are no residual uncertainties identified in the exposure 
databases. The acute dietary food exposure assessments were performed 
based on 100 PCT and tolerance-level residues, while the chronic used a 
combination of tolerance-level residues and reliable data on average 
field trial residues and 100 PCT. EPA made conservative (protective) 
assumptions in the ground and surface water modeling used to assess 
exposure to propiconazole in drinking water. EPA used similarly 
conservative assumptions to assess post-application exposure of 
children as well as incidental oral exposure of toddlers. A turf 
transferable residue study is unavailable but being requested from the 
registrant for registration review of propiconazole. In all probability 
this

[[Page 80274]]

study will reduce exposure estimates for both the incidental oral and 
post-application exposure to children. These assessments will not 
underestimate the exposure and risks posed by propiconazole.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food and water 
to propiconazole will occupy 85% of the aPAD for children 1-2 years 
old, the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
propiconazole from food and water will utilize 24% of the cPAD for 
children 1-2 years old, the population group receiving the greatest 
exposure. Based on the explanation in Unit III.C.3., regarding 
residential use patterns, chronic residential exposure to residues of 
propiconazole 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). Propiconazole 
is currently registered for uses that could result in short-term 
residential exposure, and the Agency has determined that it is 
appropriate to aggregate chronic exposure through food and water with 
short-term residential exposures to propiconazole.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water, 
and residential exposures result in aggregate MOEs from post-
application activities (the highest exposure scenario) of 200 for 
adults and 96 for children 1-2 years old. This assessment is considered 
conservative since the short-term endpoints are based on a conservative 
LOAEL that is 3x higher than the NOAEL. Therefore, the true NOAEL is 
likely higher and would result in MOEs greater than 100. Further, the 
assessment is based on a combination of tolerance-level residues and 
reliable data on average field-trial residues and 100 PCT, conservative 
assumptions in the ground and surface water modeling, and conservative 
assumptions to assess post-application exposure of children as well as 
incidental oral exposure of toddlers. Additionally, the assessment 
could be further refined by using PCT estimates and anticipated 
residues for all crops. Although dietary (food and water) is not the 
aggregate exposure driver, incorporating PCT would likely increase the 
aggregate MOE further above 100. For example, the Agency's latest PCT 
figures indicate that the highest average PCT reported for 
propiconazole residues on crops is 55%, which is much less than the 100 
PCT the Agency used for all commodities in its assessment. Accordingly, 
even though this MOE for children 1-2 years old is slightly below the 
target MOE of 100, the difference is small and is more than offset by 
the conservative exposure assumptions and therefore not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level).
    Propiconazole is currently 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 intermediate-term residential exposures to propiconazole.
    Using the exposure assumptions described in this unit for 
intermediate-term exposures, EPA has concluded that the combined 
intermediate-term food, water, and residential exposures result in 
aggregate MOEs of 110 for children 1-2 years old. Because EPA's level 
of concern for propiconazole is a MOE of 100 or below, this MOE is not 
of concern.
    5. Aggregate cancer risk for U.S. population. Based on the 
discussion in Unit III.A., EPA considers the chronic aggregate risk 
assessment to be protective of any aggregate cancer risk. As there is 
no chronic risk of concern, EPA does not expect any cancer risk to the 
U.S. population from aggregate exposure to propiconazole.
    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 propiconazole residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology, a high performance liquid 
chromatography with ultraviolet detection method (HPLC/UV Method AG-
671A) is available to enforce the tolerance expression.
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established an MRL for propiconazole on tea.

V. Conclusion

    Therefore, tolerances are established for residues of 
propiconazole, including its metabolites and degradates, in or on tea 
at 4.0 ppm. As there are currently no U.S. registrations for 
propiconazole for use on tea, EPA is adding a footnote to the 
regulation to clarify that fact.

VI. 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,

[[Page 80275]]

entitled ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or 
Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997). This action does not contain any information collections subject 
to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 
et seq.), nor does it require any special considerations under 
Executive Order 12898, entitled ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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


    Dated: December 16, 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.  180.434:
0
a. Redesignate paragraph (a) as paragraph (a)(1).
0
b. Add a new paragraph (a)(2).
    The amendments read as follows:


Sec.  180.434  Propiconazole; tolerances for residues.

    (a) General. (1) * * *
    (2) Tolerances are established for propiconazole, including its 
metabolites and degradates, in or on the commodities in the table 
below. Compliance with the tolerance levels specified below is to be 
determined by measuring only propiconazole, 1-[[2-(2,4-dichlorophenyl)-
4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole, in or on the 
commodity.

------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
Tea \1\................................................             4.0
------------------------------------------------------------------------
\1\ There are no United States registrations for use of propiconazole on
  tea as of December 24, 2015.

* * * * *
[FR Doc. 2015-32328 Filed 12-23-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations                                       80269

                                            metallic transportable buildings;                          40. Treatment of materials.                         is open from 8:30 a.m. to 4:30 p.m.,
                                            monuments, not of metal.                                   41. Education; providing of training;               Monday through Friday, excluding legal
                                               20. Furniture, mirrors, picture frames;               entertainment; sporting and cultural                  holidays. The telephone number for the
                                            unworked or semi-worked bone, horn,                      activities.                                           Public Reading Room is (202) 566–1744,
                                            ivory, whalebone or mother-of-pearl;                       42. Scientific and technological                    and the telephone number for the OPP
                                            shells; meerschaum; yellow amber.                        services and research and design                      Docket is (703) 305–5805. Please review
                                               21. Household or kitchen utensils and                 relating thereto; industrial analysis and             the visitor instructions and additional
                                            containers; combs and sponges; brushes                   research services; design and                         information about the docket available
                                            (except paintbrushes); brush-making                      development of computer hardware and                  at http://www.epa.gov/dockets.
                                            materials; articles for cleaning purposes;               software.                                             FOR FURTHER INFORMATION CONTACT:
                                            steelwool; unworked or semi-worked                         43. Services for providing food and                 Susan Lewis, Registration Division
                                            glass (except glass used in building);                   drink; temporary accommodation.                       (7505P), Office of Pesticide Programs,
                                            glassware, porcelain and earthenware.                      44. Medical services; veterinary                    Environmental Protection Agency, 1200
                                               22. Ropes and string; nets; tents,                    services; hygienic and beauty care for                Pennsylvania Ave. NW., Washington,
                                            awnings and tarpaulins; sails; sacks;                    human beings or animals; agriculture,                 DC 20460–0001; main telephone
                                            padding and stuffing materials (except                   horticulture and forestry services.                   number: (703) 305–7090; email address:
                                            of paper, cardboard, rubber or plastics);                  45. Legal services; security services               RDFRNotices@epa.gov.
                                            raw fibrous textile materials.                           for the protection of property and
                                               23. Yarns and threads, for textile use.                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                     individuals; personal and social services
                                               24. Textiles and substitutes for                      rendered by others to meet the needs of               I. General Information
                                            textiles; bed covers; table covers.                      individuals.
                                               25. Clothing, footwear, headgear.                                                                           A. Does this action apply to me?
                                               26. Lace and embroidery, ribbons and                    Dated: December 18, 2015.
                                                                                                                                                              You may be potentially affected by
                                            braid; buttons, hooks and eyes, pins and                 Michelle K. Lee,
                                                                                                                                                           this action if you are an agricultural
                                            needles; artificial flowers.                             Under Secretary of Commerce for Intellectual          producer, food manufacturer, or
                                               27. Carpets, rugs, mats and matting,                  Property and Director of the United States
                                                                                                     Patent and Trademark Office.
                                                                                                                                                           pesticide manufacturer. The following
                                            linoleum and other materials for                                                                               list of North American Industrial
                                            covering existing floors; wall hangings                  [FR Doc. 2015–32467 Filed 12–23–15; 8:45 am]
                                                                                                                                                           Classification System (NAICS) codes is
                                            (non-textile).                                           BILLING CODE 3510–16–P
                                                                                                                                                           not intended to be exhaustive, but rather
                                               28. Games and playthings; gymnastic
                                                                                                                                                           provides a guide to help readers
                                            and sporting articles; decorations for
                                                                                                                                                           determine whether this document
                                            Christmas trees.                                         ENVIRONMENTAL PROTECTION                              applies to them. Potentially affected
                                               29. Meat, fish, poultry and game; meat                AGENCY                                                entities may include:
                                            extracts; preserved, frozen, dried and
                                                                                                                                                              • Crop production (NAICS code 111).
                                            cooked fruits and vegetables; jellies,                   40 CFR Part 180                                          • Animal production (NAICS code
                                            jams, compotes; eggs; milk and milk                                                                            112).
                                                                                                     [EPA–HQ–OPP–2015–0685; FRL–9940–01]
                                            products; edible oils and fats.                                                                                   • Food manufacturing (NAICS code
                                               30. Coffee, tea, cocoa and artificial                 Propiconazole on Tea; Pesticide                       311).
                                            coffee; rice; tapioca and sago; flour and                Tolerance                                                • Pesticide manufacturing (NAICS
                                            preparations made from cereals; bread,                                                                         code 32532).
                                            pastries and confectionery; edible ices;                 AGENCY:  Environmental Protection
                                            sugar, honey, treacle; yeast, baking-                    Agency (EPA).                                         B. How can I get electronic access to
                                            powder; salt; mustard; vinegar, sauces                   ACTION: Final rule.                                   other related information?
                                            (condiments); spices; ice.                                                                                        You may access a frequently updated
                                               31. Agricultural, horticultural and                   SUMMARY:   This regulation establishes a
                                                                                                                                                           electronic version of EPA’s tolerance
                                            forestry products; raw and unprocessed                   tolerance for residues of propiconazole
                                                                                                                                                           regulations at 40 CFR part 180 through
                                            grains and seeds; fresh fruits and                       in or on tea. The Tea Association of the
                                                                                                                                                           the Government Printing Office’s e-CFR
                                            vegetables; natural plants and flowers;                  U.S.A., Inc. requested these tolerances
                                                                                                                                                           site at http://www.ecfr.gov/cgi-bin/text-
                                            live animals; foodstuffs for animals;                    under the Federal Food, Drug, and
                                                                                                                                                           idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                            malt.                                                    Cosmetic Act (FFDCA).
                                                                                                                                                           40tab_02.tpl.
                                               32. Beers; mineral and aerated waters                 DATES: This regulation is effective
                                            and other non-alcoholic beverages; fruit                 December 24, 2015. Objections and                     C. How can I file an objection or hearing
                                            beverages and fruit juices; syrups and                   requests for hearings must be received                request?
                                            other preparations for making beverages.                 on or before February 22, 2016, and                     Under FFDCA section 408(g), 21
                                               33. Alcoholic beverages (except                       must be filed in accordance with the                  U.S.C. 346a, any person may file an
                                            beers).                                                  instructions provided in 40 CFR part                  objection to any aspect of this regulation
                                               34. Tobacco; smokers’ articles;                       178 (see also Unit I.C. of the                        and may also request a hearing on those
                                            matches.                                                 SUPPLEMENTARY INFORMATION).                           objections. You must file your objection
                                            Services                                                 ADDRESSES: The docket for this action,                or request a hearing on this regulation
                                              35. Advertising; business                              identified by docket identification (ID)              in accordance with the instructions
                                            management; business administration;                     number EPA–HQ–OPP–2015–0685, is                       provided in 40 CFR part 178. To ensure
                                            office functions.                                        available at http://www.regulations.gov               proper receipt by EPA, you must
                                              36. Insurance; financial affairs;                      or at the Office of Pesticide Programs                identify docket ID number EPA–HQ–
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                                            monetary affairs; real estate affairs.                   Regulatory Public Docket (OPP Docket)                 OPP–2015–0685 in the subject line on
                                              37. Building construction; repair;                     in the Environmental Protection Agency                the first page of your submission. All
                                            installation services.                                   Docket Center (EPA/DC), West William                  objections and requests for a hearing
                                              38. Telecommunications.                                Jefferson Clinton Bldg., Rm. 3334, 1301               must be in writing, and must be
                                              39. Transport; packaging and storage                   Constitution Ave. NW., Washington, DC                 received by the Hearing Clerk on or
                                            of goods; travel arrangement.                            20460–0001. The Public Reading Room                   before February 22, 2016. Addresses for


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                                            80270            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations

                                            mail and hand delivery of objections                     defines ‘‘safe’’ to mean that ‘‘there is a            Increased cleft palate malformations
                                            and hearing requests are provided in 40                  reasonable certainty that no harm will                were noted in two studies in rats. In one
                                            CFR 178.25(b).                                           result from aggregate exposure to the                 published study in rats, developmental
                                              In addition to filing an objection or                  pesticide chemical residue, including                 effects (malformations of the lung and
                                            hearing request with the Hearing Clerk                   all anticipated dietary exposures and all             kidneys, incomplete ossification of the
                                            as described in 40 CFR part 178, please                  other exposures for which there is                    skull, caudal vertebrae and digits, extra
                                            submit a copy of the filing (excluding                   reliable information.’’ This includes                 rib (14th rib), and missing sternbrae)
                                            any Confidential Business Information                    exposure through drinking water and in                were reported at doses that were not
                                            (CBI)) for inclusion in the public docket.               residential settings, but does not include            maternally toxic. In the 2-generation
                                            Information not marked confidential                      occupational exposure. Section                        reproduction study in rats, offspring
                                            pursuant to 40 CFR part 2 may be                         408(b)(2)(C) of FFDCA requires EPA to                 toxicity occurred at a higher dose than
                                            disclosed publicly by EPA without prior                  give special consideration to exposure                the parental toxic dose suggesting lower
                                            notice. Submit the non-CBI copy of your                  of infants and children to the pesticide              susceptibility of the offspring to the
                                            objection or hearing request, identified                 chemical residue in establishing a                    toxic doses of propiconazole.
                                            by docket ID number EPA–HQ–OPP–                          tolerance and to ‘‘ensure that there is a                The acute neurotoxicity study
                                            2015–0685, by one of the following                       reasonable certainty that no harm will                produced severe clinical signs of
                                            methods:                                                 result to infants and children from                   toxicity (decreased activity, cold, pale,
                                              • Federal eRulemaking Portal: http://                  aggregate exposure to the pesticide                   decreased motor activity, etc.) in rats at
                                            www.regulations.gov. Follow the online                   chemical residue. . . .’’                             the high dose of 300 milligram/kilogram
                                            instructions for submitting comments.                       Consistent with FFDCA section                      (mg/kg). Limited clinical signs
                                            Do not submit electronically any                         408(b)(2)(D), and the factors specified in            (piloerection, diarrhea, tip toe gait) were
                                            information you consider to be CBI or                    FFDCA section 408(b)(2)(D), EPA has                   observed in the mid-dose animals (100
                                            other information whose disclosure is                    reviewed the available scientific data                mg/kg), while no treatment related signs
                                            restricted by statute.                                   and other relevant information in                     were observed at 30 mg/kg. The current
                                              • Mail: OPP Docket, Environmental                      support of this action. EPA has                       acute dietary assessment for the general
                                            Protection Agency Docket Center (EPA/                    sufficient data to assess the hazards of              population is based on the no-observed-
                                            DC), (28221T), 1200 Pennsylvania Ave.                    and to make a determination on                        adverse-effect-level (NOAEL) of 30 mg/
                                            NW., Washington, DC 20460–0001.                          aggregate exposure for propiconazole                  kg from the acute neurotoxicity study. A
                                              • Hand Delivery: To make special                       including exposure resulting from the                 subchronic neurotoxicity study in rats
                                            arrangements for hand delivery or                        tolerances established by this action.                did not produce neurotoxic signs at the
                                            delivery of boxed information, please                    EPA’s assessment of exposures and risks               highest dose tested that was associated
                                            follow the instructions at http://                       associated with propiconazole follows.                with decreased body weight.
                                            www.epa.gov/dockets/contacts.html.                                                                                Propiconazole was negative for
                                                                                                     A. Toxicological Profile                              mutagenicity in the in vitro BALB/3T3
                                            Additional instructions on commenting
                                            or visiting the docket, along with more                     EPA has evaluated the available                    cell transformation assay, bacterial
                                            information about dockets generally, is                  toxicity data and considered its validity,            reverse mutation assay, Chinese hamster
                                            available at http://www.epa.gov/                         completeness, and reliability as well as              bone marrow chromosomal aberration
                                            dockets.                                                 the relationship of the results of the                assay, unscheduled DNA synthesis
                                                                                                     studies to human risk. EPA has also                   studies in human fibroblasts and
                                            II. Summary of Petitioned-for Tolerance                  considered available information                      primary rat hepatocytes, mitotic gene
                                               In the Federal Register of October 21,                concerning the variability of the                     conversion assay, and the dominant
                                            2015 (80 FR 63731) (FRL–9935–29),                        sensitivities of major identifiable                   lethal assay in mice. It caused
                                            EPA issued a document pursuant to                        subgroups of consumers, including                     proliferative changes in the rat liver
                                            FFDCA section 408(d)(3), 21 U.S.C.                       infants and children.                                 with or without pretreatment with an
                                            346a(d)(3), announcing the filing of a                      The primary target organ for                       initiator, like phenobarbital, a known
                                            pesticide petition (PP 4E8300) by the                    propiconazole toxicity in animals is the              liver tumor promoter. Liver enzyme
                                            Tea Association of the U.S.A., Inc., 362                 liver. Increased liver weights were seen              induction studies with propiconazole in
                                            5th Avenue, Suite 801, New York, New                     in mice after subchronic or chronic oral              mice demonstrated that propiconazole
                                            York, 10001. The petition requested that                 exposures to propiconazole. Liver                     is a strong phenobarbital type inducer of
                                            40 CFR 180.434 be amended by                             lesions such as vacuolation of                        xenobiotic metabolizing enzymes.
                                            establishing a tolerance for residues of                 hepatocytes, ballooned liver cells, foci              Hepatocellular proliferation studies in
                                            the fungicide propiconazole in or on tea                 of enlarged hepatocytes, hypertrophy,                 mice suggest that propiconazole induces
                                            at 4.0 parts per million (ppm). That                     and necrosis are characteristic of                    cell proliferation followed by treatment-
                                            document referenced a summary of the                     propiconazole toxicity in rats and mice.              related hypertrophy in a manner similar
                                            petition prepared by the Tea                             Decreased body weight gain was also                   to the known hypertrophic agent
                                            Association of the U.S.A., Inc., the                     seen in subchronic, chronic,                          phenobarbital.
                                            registrant, which is available in the                    developmental and reproductive studies                   Propiconazole was carcinogenic to
                                            docket, http://www.regulations.gov. No                   in animal studies. Dogs appeared to be                male mice but was not carcinogenic to
                                            comments concerning this tolerance                       more sensitive to the localized toxicity              rats or to female mice. The Agency
                                            action were received.                                    of propiconazole as manifested by                     classified propiconazole as a possible
                                                                                                     stomach irritations at 6 milligram/                   human carcinogen and recommended
                                            III. Aggregate Risk Assessment and                       kilogram/day (mg/kg/day) and above.                   that, for the purpose of risk
                                            Determination of Safety                                     In rabbits, developmental toxicity                 characterization, the reference dose
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                                               Section 408(b)(2)(A)(i) of FFDCA                      occurred at a higher dose than the                    (RfD) approach be used for
                                            allows EPA to establish a tolerance (the                 maternally toxic dose, while in rats,                 quantification of human risk.
                                            legal limit for a pesticide chemical                     developmental toxicity occurred at                    Propiconazole is not genotoxic and this
                                            residue in or on a food) only if EPA                     lower doses than maternal toxic doses.                fact, together with special mechanistic
                                            determines that the tolerance is ‘‘safe.’’               Increased incidences of rudimentary                   studies, indicates that propiconazole is
                                            Section 408(b)(2)(A)(ii) of FFDCA                        ribs occurred in rat and rabbit fetuses.              a threshold carcinogen. Propiconazole


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                                                             Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations                                            80271

                                            produced liver tumors in male mice                       B. Toxicological Points of Departure/                 exposure level—generally referred to as
                                            only at a high dose that was toxic to the                Levels of Concern                                     a population-adjusted dose (PAD) or a
                                            liver. At doses below the RfD, liver                        Once a pesticide’s toxicological                   RfD—and a safe margin of exposure
                                            toxicity is not expected; therefore,                     profile is determined, EPA identifies                 (MOE). For non-threshold risks, the
                                            tumors are also not expected.                            toxicological points of departure (POD)               Agency assumes that any amount of
                                                                                                     and levels of concern to use in                       exposure will lead to some degree of
                                               Specific information on the studies
                                                                                                     evaluating the risk posed by human                    risk. Thus, the Agency estimates risk in
                                            received and the nature of the adverse
                                                                                                     exposure to the pesticide. For hazards                terms of the probability of an occurrence
                                            effects caused by propiconazole as well                                                                        of the adverse effect expected in a
                                            as the NOAEL and the lowest-observed-                    that have a threshold below which there
                                                                                                     is no appreciable risk, the toxicological             lifetime. For more information on the
                                            adverse-effect-level (LOAEL) from the                                                                          general principles EPA uses in risk
                                                                                                     POD is used as the basis for derivation
                                            toxicity studies can be found at http://                                                                       characterization and a complete
                                                                                                     of reference values for risk assessment.
                                            www.regulations.gov in document,                                                                               description of the risk assessment
                                                                                                     PODs are developed based on a careful
                                            ‘‘Propiconazole Human Health Risk                        analysis of the doses in each                         process, see http://www.epa.gov/
                                            Assessment for the New Use of                            toxicological study to determine the                  pesticides/factsheets/riskassess.htm.
                                            Propiconazole on Imported Tea’’ at pp.                   dose at which the NOAEL and the                          A summary of the toxicological
                                            41–46 in docket ID number EPA–HQ–                        LOAEL are identified. Uncertainty/                    endpoints for propiconazole used for
                                            OPP–2015–0685.                                           safety factors are used in conjunction                human risk assessment is shown in
                                                                                                     with the POD to calculate a safe                      Table 1.

                                             TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR PROPICONAZOLE FOR USE IN HUMAN HEALTH RISK
                                                                                        ASSESSMENT
                                                                                      Point of departure        RfD, PAD, LOC for
                                                   Exposure/scenario                   and uncertainty/                                                    Study and toxicological effects
                                                                                                                 risk assessment
                                                                                        safety factors

                                            Acute dietary (Females 13–50            NOAEL = 30 mg/kg/          Acute RfD = 0.3 mg/        Developmental Study—Rat MRID 40425001
                                              years of age).                          day.                       kg/day.                  LOAEL = 90 mg/kg/day based on increased incidence of rudi-
                                                                                    UFA = 10x                  aPAD = 0.3 mg/kg/            mentary ribs, un-ossified sternebrae, as well as increased in-
                                                                                    UFH = 10x                    day                        cidence of shortened and absent renal papillae and in-
                                                                                    FQPA SF = 1x                                            creased cleft palate.
                                            Acute dietary (General popu-            NOAEL = 30 mg/kg/          Acute RfD = 0.3 mg/        Acute neurotoxicity study Rat MRID 46604601
                                              lation including infants and            day.                       kg/day.                  LOAEL = 100 mg/kg/day based on clinical signs of toxicity
                                              children).                            UFA = 10x                  aPAD = 0.3 mg/kg/            (piloerection in one male, diarrhea in one female, tip toe gait
                                                                                    UFH = 10x                    day                        in 3 females).
                                                                                    FQPA SF = 1x
                                            Chronic dietary (Adult Males            NOAEL= 10 mg/kg/           Chronic RfD = 0.1          24-month carcinogenicity study on CD–1 mice. MRID
                                              and Females 50+ yrs).                   day.                       mg/kg/day.                 00129918
                                                                                    UFA = 10x                  cPAD = 0.1 mg/kg/          LOAEL = 50 mg/kg/day based on non-neoplastic liver effects
                                                                                    UFH = 10x                    day                        (increased liver weight in males and increase in liver lesions:
                                                                                    FQPA SF = 1x                                            Masses/raised areas/swellings/nodular areas mainly).
                                            Incidental oral short-term (1 to        NOAEL= 30 mg/kg/           Residential LOC for        Acute Neurotoxicity Study—Rats MRID 46604601
                                              30 days).                               day.                       MOE = 100.               LOAEL = 100 mg/kg/day based on clinical signs of toxicity
                                                                                    UFA = 10x                  Occupational LOC             (piloerection in one male, diarrhea in one female, tip toe gait
                                                                                    UFH = 10x                    for MOE = 100              in 3 females).
                                                                                    FQPA SF= 1x
                                            Incidental oral intermediate-           NOAEL= 10 mg/kg/           Residential LOC for        24 Month carcinogenicity Study—Mice MRID 00129918
                                              term (1 to 6 months).                   day.                       MOE = 100.               LOAEL = 50 mg/kg/day based on non-neoplastic liver effects
                                                                                    UFA= 10x                   Occupational LOC             (increased liver weight in males and increase in liver lesions:
                                                                                    UFH= 10x                     for MOE = 100              Masses/raised areas/swellings/nodular areas mainly).
                                                                                    FQPA SF= 1x
                                            Dermal Short Term (1–30 days)           NOAEL= 30 mg/kg/           Residential LOC for        Acute Neurotoxicity Study—Rats MRID 46604601
                                                                                      day.                       MOE = 100.               LOAEL = 100 mg/kg/day based on clinical signs of toxicity
                                                                                    UFA= 10x                   Occupational LOC             (piloerection in one male, diarrhea in one female, tip toe gait
                                                                                    UFH= 10x                     for MOE = 100              in 3 females).
                                            Dermal Intermediate Term (1–6           NOAEL= 10 mg/kg/           Residential LOC for        24 Month carcinogenicity Study—Mice MRID 00129918
                                              months).                                day.                       MOE = 100.               LOAEL = 50 mg/kg/day based on non-neoplastic liver effects
                                                                                    UFA= 10x                   Occupational LOC             (increased liver weight in males and increase in liver lesions:
                                                                                    UFH= 10x                     for MOE = 100              Masses/raised areas/swellings/nodular areas mainly).
                                            Inhalation Short-term (1 to 30          NOAEL= 30 mg/kg/           Occupational LOC           Acute Neurotoxicity Study—Rats MRID 46604601
                                              days).                                  day.                       for MOE = 100.           LOAEL = 100 mg/kg/day based on clinical signs of toxicity
                                                                                    UFA = 10x                                               (piloerection in one male, diarrhea in one female, tip toe gait
                                                                                    UFH = 10x                                               in 3 females).
                                            Inhalation Intermediate-Term (1         NOAEL = 10 mg/kg/          Occupational LOC           24 Month carcinogenicity Study—Mice MRID 00129918
                                              to 6 months).                           day.                      for MOE = 100.            LOAEL = 50 mg/kg/day based on non-neoplastic liver effects
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                                                                                    UFA = 10x                                               (increased liver weight in males and increase in liver lesions:
                                                                                    UFH = 10x                                               Masses/raised areas/swellings/nodular areas mainly).




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                                            80272            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations

                                             TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR PROPICONAZOLE FOR USE IN HUMAN HEALTH RISK
                                                                                   ASSESSMENT—Continued
                                                                                      Point of departure        RfD, PAD, LOC for
                                                   Exposure/scenario                   and uncertainty/                                                    Study and toxicological effects
                                                                                                                 risk assessment
                                                                                        safety factors

                                            Cancer (all routes—oral, der-                       Classification: Group C, possible human carcinogen, RfD approach for risk characterization.
                                              mal, inhalation).
                                              FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day =
                                            milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c =
                                            chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFDB = to account for the ab-
                                            sence of data or other data deficiency. UFH = potential variation in sensitivity among members of the human population (intraspecies).


                                            C. Exposure Assessment                                   the anticipated residue levels of                     into the dietary exposure model. For
                                               1. Dietary exposure from food and                     pesticide residues in food and the actual             acute dietary risk assessment, the water
                                            feed uses. In evaluating dietary                         levels of pesticide residues that have                concentration value of 37.9 ppb was
                                            exposure to propiconazole, EPA                           been measured in food. If EPA relies on               used to assess the contribution to
                                            considered exposure under the                            such information, EPA must require                    drinking water. For chronic dietary risk
                                            petitioned-for tolerances as well as all                 pursuant to FFDCA section 408(f)(1)                   assessment, the water concentration of
                                            existing propiconazole tolerances in 40                  that data be provided 5 years after the               value 35.1 ppb was used to assess the
                                            CFR 180.434. EPA assessed dietary                        tolerance is established, modified, or                contribution to drinking water.
                                                                                                     left in effect, demonstrating that the                   3. From non-dietary exposure. The
                                            exposures from propiconazole in food as
                                                                                                     levels in food are not above the levels               term ‘‘residential exposure’’ is used in
                                            follows:
                                               i. Acute exposure. Quantitative acute                 anticipated. For the present action, EPA              this document to refer to non-
                                                                                                     will issue such data call-ins as are                  occupational, non-dietary exposure
                                            dietary exposure and risk assessments
                                                                                                     required by FFDCA section 408(b)(2)(E)                (e.g., for lawn and garden pest control,
                                            are performed for a food-use pesticide,
                                                                                                     and authorized under FFDCA section                    indoor pest control, termiticides, and
                                            if a toxicological study has indicated the
                                                                                                     408(f)(1). Data will be required to be                flea and tick control on pets).
                                            possibility of an effect of concern
                                                                                                     submitted no later than 5 years from the                 Although there are no proposed
                                            occurring as a result of a 1-day or single
                                                                                                     date of issuance of these tolerances.                 residential uses associated with the
                                            exposure. Such effects were identified                      2. Dietary exposure from drinking
                                            for propiconazole. In estimating acute                                                                         imported tea use, propiconazole is
                                                                                                     water. The Agency used screening-level                currently registered for the following
                                            dietary exposure, EPA used food                          water exposure models in the dietary
                                            consumption information from the                                                                               uses that could result in residential
                                                                                                     exposure analysis and risk assessment                 exposures: Turf, landscapes,
                                            United States Department of Agriculture                  for propiconazole in drinking water.
                                            (USDA) National Health and Nutrition                                                                           ornamentals, and in paint. The highest
                                                                                                     These simulation models take into                     incidental oral and dermal exposure
                                            Examination Survey, What We Eat in                       account data on the physical, chemical,
                                            America, (NHANES/WWEIA). This                                                                                  scenarios are expected from residential
                                                                                                     and fate/transport characteristics of                 use on turf. EPA assessed short-term
                                            dietary survey was conducted from 2003                   propiconazole. Further information
                                            to 2008. As to residue levels in food,                                                                         risk to toddlers from incidental oral and
                                                                                                     regarding EPA drinking water models
                                            EPA conducted an acute dietary                                                                                 dermal exposure as well as from post-
                                                                                                     used in pesticide exposure assessment
                                            analysis for propiconazole residues of                                                                         application dermal exposure. The
                                                                                                     can be found at http://www.epa.gov/
                                            concern using tolerance levels and 100                                                                         highest post application exposure from
                                                                                                     oppefed1/models/water/index.htm.
                                            percent crop treated (PCT) for all                          The Agency does not expect any                     residential use on turf was used to
                                            existing and proposed uses.                              additional residues of propiconazole in               assess risk to short-term aggregate
                                               ii. Chronic exposure. In conducting                   drinking water as a result of the                     exposures.
                                            the chronic dietary exposure assessment                  imported tea use. Therefore, the Agency                  The only residential use scenario that
                                            EPA used the food consumption data                       is relying on the previous drinking                   will result in potential intermediate-
                                            from the USDA NHANES/WWEIA. This                         water assessment for assessing                        term exposure to propiconazole is wood
                                            dietary survey was conducted from 2003                   propiconazole tolerances. The                         treatment, which the Agency assumes
                                            to 2008. As to residue levels in food,                   previously assessed turf EDWCs are                    may result in dermal and incidental oral
                                            EPA conducted a chronic dietary                          approximately one order of magnitude                  post-application exposures to children.
                                            analysis for propiconazole residues of                   higher and more protective than the                   Further information regarding EPA
                                            concern average field trial residues,                    EDWCs for the new use.                                standard assumptions and generic
                                            tolerance levels and 100 PCT for all                        Based on the Surface Water                         inputs for residential exposures may be
                                            existing and proposed uses.                              Concentration Calculator (SWCC) and                   found at http://www.epa.gov/pesticides/
                                               iii. Cancer. Based on the data                        Pesticide Root Zone Model—Ground                      trac/science/trac6a05.pdf.
                                            summarized in Unit III.A., EPA has                       Water (PRZM–GW) models, the                              4. Cumulative effects from substances
                                            concluded that a nonlinear RfD                           estimated drinking water concentrations               with a common mechanism of toxicity.
                                            approach is appropriate for assessing                    (EDWCs) of propiconazole for acute                    Section 408(b)(2)(D)(v) of FFDCA
                                            cancer risk to propiconazole. Cancer                     exposures are estimated to be 35.2 parts              requires that, when considering whether
                                            risk was assessed using the same                         per billion (ppb) for surface water and               to establish, modify, or revoke a
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                                            exposure estimates as discussed in Unit                  37.9 ppb for ground water, and for                    tolerance, the Agency consider
                                            III.C.1.ii., chronic exposure.                           chronic exposures are estimated to be                 ‘‘available information’’ concerning the
                                               iv. Anticipated residue and percent                   18.6 ppb for surface water and 35.1 ppb               cumulative effects of a particular
                                            crop treated (PCT) information. Section                  for ground water.                                     pesticide’s residues and ‘‘other
                                            408(b)(2)(E) of FFDCA authorizes EPA                        Modeled estimates of drinking water                substances that have a common
                                            to use available data and information on                 concentrations were directly entered                  mechanism of toxicity.’’


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                                                             Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations                                       80273

                                               Propiconazole is a member of the                      for various subgroups, including those                increased susceptibility was observed in
                                            triazole-containing class of pesticides.                 comprised of infants and children. The                utero or post-natally in either the rabbit
                                            Although conazoles act similarly in                      Agency’s complete risk assessment is                  developmental or 2-generation
                                            plants (fungi) by inhibiting ergosterol                  found in the propiconazole                            reproduction rat study. There is no
                                            biosynthesis, there is not necessarily a                 reregistration docket at http://                      evidence of neuropathology or
                                            relationship between their pesticidal                    www.regulations.gov, Docket ID Number                 abnormalities in the development of the
                                            activity and their mechanism of toxicity                 EPA–HQ–OPP–2005–0497.                                 fetal nervous system from the available
                                            in mammals. Structural similarities do                      An updated aggregate human health                  toxicity studies conducted with
                                            not constitute a common mechanism of                     risk assessment for the common triazole               propiconazole. In the rat acute
                                            toxicity. Evidence is needed to establish                metabolites 1,2,4-triazole (T),                       neurotoxicity study, there was evidence
                                            chemicals operate by the same, or                        triazolylalanine (TA), triazolylacetic                of clinical toxicity at the high dose of
                                            essentially the same, sequence of major                  acid (TAA), and triazolylpyruvic acid                 300 mg/kg, but no evidence of
                                            biochemical events (EPA, 2002). In                       (TP) was completed on April 9, 2015, in               neuropathology from propiconazole
                                            conazoles, however, a variable pattern                   association with the registration                     administration.
                                            of toxicological responses is found;                     requests for several triazole fungicides                 Although there was quantitative
                                            some are hepatotoxic and                                 (propiconazole, difenoconazole, and                   evidence of increased susceptibility of
                                            hepatocarcinogenic in mice. Some                         flutriafol). That analysis concluded that             the young following exposure to
                                            induce thyroid tumors in rats. Some                      risk estimates were below the Agency’s                propiconazole in the developmental rat
                                            induce developmental, reproductive,                      level of concern for all population                   study, the Agency determined there is a
                                            and neurological effects in rodents.                     groups. This assessment may be found                  low degree of concern for this finding
                                            Furthermore, the conazoles produce a                     on http://www.regulations.gov by                      and no residual uncertainties because
                                            diverse rand of biochemical events                       searching for the following title and                 the increased susceptibility was based
                                            including altered cholesterol levels,                    docket ID number: ‘‘Common Triazole                   on minimal toxicity at high doses of
                                            stress responses, and altered DNA                        Metabolites: Updated Aggregate Human                  administration, clear NOAELs and
                                            methylation. It is not clearly understood                Health Risk Assessment to Address The                 LOAELs have been identified for all
                                            whether these biochemical events are                     New Section 3 Registrations For Use of                effects of concern, and a clear dose-
                                            directly connected to their toxicological                Propiconazole on Tea, Dill, Mustard                   response has been well defined.
                                            outcomes.                                                Greens, Radish, and Watercress; Use of                   3. Conclusion. EPA has determined
                                               Thus, there is currently no evidence                  Difenoconazole on Globe Artichoke,                    that reliable data show the safety of
                                            to indicate that conazoles share                         Ginseng and Greenhouse Grown                          infants and children would be
                                            common mechanisms of toxicity and                        Cucumbers and Conversion of the                       adequately protected if the FQPA SF
                                            EPA is not following a cumulative risk                   Established Foliar Uses/Tolerances for                were reduced to 1x. That decision is
                                            approach based on a common                               Stone Fruit and Tree Nut Crop Groups                  based on the following findings:
                                            mechanism of toxicity for the conazoles.                 to Fruit, Stone, Group 12–12 and the                     i. The toxicity database for
                                            For information regarding EPA’s efforts                  Nut, Tree, Group 14–12.; and Use of                   propiconazole is complete.
                                            to determine which chemicals have a                      Flutriafol on Hops’’ located under                       ii. Other than the mild effects seen at
                                            common mechanism of toxicity and to                      docket ID number EPA–HQ–OPP–2015–                     300 mg/kg in the acute neurotoxicity
                                            evaluate the cumulative effects of such                  0685.                                                 study, neurotoxicity and
                                            chemicals, see EPA’s Web site at                                                                               neurobehavioral effects were not seen in
                                                                                                     D. Safety Factor for Infants and                      the propiconazole toxicity database. The
                                            http://www.epa.gov/pesticides/
                                                                                                     Children                                              liver, not the nervous system, is the
                                            cumulative.
                                               Propiconazole is a triazole-derived                      1. In general. Section 408(b)(2)(C) of             primary target organ of propiconazole
                                            pesticide. This class of compounds can                   FFDCA provides that EPA shall apply                   toxicity.
                                            form the common metabolite 1,2,4-                        an additional tenfold (10X) margin of                    iii. Although an apparent increased
                                            triazole and two triazole conjugates                     safety for infants and children in the                quantitative susceptibility was observed
                                            (triazolylalanine and triazolylacetic                    case of threshold effects to account for              in fetuses and offspring, for reasons
                                            acid). To support existing tolerances                    prenatal and postnatal toxicity and the               noted in this Unit, residual
                                            and to establish new tolerances for                      completeness of the database on toxicity              uncertainties or concerns for prenatal
                                            triazole-derivative pesticides, including                and exposure unless EPA determines                    and/or postnatal toxicity are minimal.
                                            propiconazole, EPA conducted a human                     based on reliable data that a different                  iv. There are no residual uncertainties
                                            health risk assessment for exposure to                   margin of safety will be safe for infants             identified in the exposure databases.
                                            1,2,4-triazole, triazolylalanine, and                    and children. This additional margin of               The acute dietary food exposure
                                            triazolylacetic acid resulting from the                  safety is commonly referred to as the                 assessments were performed based on
                                            use of all current and pending uses of                   Food Quality Protection Act Safety                    100 PCT and tolerance-level residues,
                                            any triazole-derived fungicide. The risk                 Factor (FQPA SF). In applying this                    while the chronic used a combination of
                                            assessment is a highly conservative,                     provision, EPA either retains the default             tolerance-level residues and reliable
                                            screening-level evaluation in terms of                   value of 10X, or uses a different                     data on average field trial residues and
                                            hazards associated with common                           additional safety factor when reliable                100 PCT. EPA made conservative
                                            metabolites (e.g., use of a maximum                      data available to EPA support the choice              (protective) assumptions in the ground
                                            combination of uncertainty factors) and                  of a different factor.                                and surface water modeling used to
                                            potential dietary and non-dietary                           2. Prenatal and postnatal sensitivity.             assess exposure to propiconazole in
                                            exposures (i.e., high end estimates of                   In the developmental toxicity study in                drinking water. EPA used similarly
                                            both dietary and non-dietary exposures).                 rats, fetal effects observed in this study            conservative assumptions to assess post-
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                                            The Agency retained a 3X for the                         at a dose lower than that evoking                     application exposure of children as well
                                            LOAEL to NOAEL safety factor when                        maternal toxicity are considered to be                as incidental oral exposure of toddlers.
                                            the reproduction study was used. In                      quantitative evidence of increased                    A turf transferable residue study is
                                            addition, the Agency retained a 10X for                  susceptibility of fetuses to in utero                 unavailable but being requested from
                                            the lack of studies including a DNT. The                 exposure to propiconazole. Neither                    the registrant for registration review of
                                            assessment includes evaluations of risks                 quantitative nor qualitative evidence of              propiconazole. In all probability this


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                                            80274            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations

                                            study will reduce exposure estimates for                 likely higher and would result in MOEs                from aggregate exposure to
                                            both the incidental oral and post-                       greater than 100. Further, the                        propiconazole residues.
                                            application exposure to children. These                  assessment is based on a combination of
                                                                                                                                                           IV. Other Considerations
                                            assessments will not underestimate the                   tolerance-level residues and reliable
                                            exposure and risks posed by                              data on average field-trial residues and              A. Analytical Enforcement Methodology
                                            propiconazole.                                           100 PCT, conservative assumptions in                     Adequate enforcement methodology,
                                            E. Aggregate Risks and Determination of                  the ground and surface water modeling,                a high performance liquid
                                            Safety                                                   and conservative assumptions to assess                chromatography with ultraviolet
                                                                                                     post-application exposure of children as              detection method (HPLC/UV Method
                                               EPA determines whether acute and                      well as incidental oral exposure of                   AG–671A) is available to enforce the
                                            chronic dietary pesticide exposures are                  toddlers. Additionally, the assessment                tolerance expression.
                                            safe by comparing aggregate exposure                     could be further refined by using PCT                    The method may be requested from:
                                            estimates to the acute PAD (aPAD) and                    estimates and anticipated residues for                Chief, Analytical Chemistry Branch,
                                            chronic PAD (cPAD). For linear cancer                    all crops. Although dietary (food and                 Environmental Science Center, 701
                                            risks, EPA calculates the lifetime                       water) is not the aggregate exposure                  Mapes Rd., Ft. Meade, MD 20755–5350;
                                            probability of acquiring cancer given the                driver, incorporating PCT would likely                telephone number: (410) 305–2905;
                                            estimated aggregate exposure. Short-,                    increase the aggregate MOE further                    email address: residuemethods@
                                            intermediate-, and chronic-term risks                    above 100. For example, the Agency’s                  epa.gov.
                                            are evaluated by comparing the                           latest PCT figures indicate that the
                                            estimated aggregate food, water, and                     highest average PCT reported for                      B. International Residue Limits
                                            residential exposure to the appropriate                  propiconazole residues on crops is 55%,                  In making its tolerance decisions, EPA
                                            PODs to ensure that an adequate MOE                      which is much less than the 100 PCT                   seeks to harmonize U.S. tolerances with
                                            exists.                                                  the Agency used for all commodities in                international standards whenever
                                               1. Acute risk. Using the exposure                                                                           possible, consistent with U.S. food
                                                                                                     its assessment. Accordingly, even
                                            assumptions discussed in this unit for                                                                         safety standards and agricultural
                                                                                                     though this MOE for children 1–2 years
                                            acute exposure, the acute dietary                                                                              practices. EPA considers the
                                                                                                     old is slightly below the target MOE of
                                            exposure from food and water to                                                                                international maximum residue limits
                                                                                                     100, the difference is small and is more
                                            propiconazole will occupy 85% of the                                                                           (MRLs) established by the Codex
                                                                                                     than offset by the conservative exposure
                                            aPAD for children 1–2 years old, the                                                                           Alimentarius Commission (Codex), as
                                                                                                     assumptions and therefore not of
                                            population group receiving the greatest                                                                        required by FFDCA section 408(b)(4).
                                                                                                     concern.
                                            exposure.                                                                                                      The Codex Alimentarius is a joint
                                               2. Chronic risk. Using the exposure                      4. Intermediate-term risk.
                                                                                                     Intermediate-term aggregate exposure                  United Nations Food and Agriculture
                                            assumptions described in this unit for                                                                         Organization/World Health
                                            chronic exposure, EPA has concluded                      takes into account intermediate-term
                                                                                                     residential exposure plus chronic                     Organization food standards program,
                                            that chronic exposure to propiconazole                                                                         and it is recognized as an international
                                            from food and water will utilize 24% of                  exposure to food and water (considered
                                                                                                     to be a background exposure level).                   food safety standards-setting
                                            the cPAD for children 1–2 years old, the                                                                       organization in trade agreements to
                                            population group receiving the greatest                     Propiconazole is currently registered
                                                                                                     for uses that could result in                         which the United States is a party. EPA
                                            exposure. Based on the explanation in                                                                          may establish a tolerance that is
                                            Unit III.C.3., regarding residential use                 intermediate-term residential exposure,
                                                                                                     and the Agency has determined that it                 different from a Codex MRL; however,
                                            patterns, chronic residential exposure to                                                                      FFDCA section 408(b)(4) requires that
                                            residues of propiconazole is not                         is appropriate to aggregate chronic
                                                                                                     exposure through food and water with                  EPA explain the reasons for departing
                                            expected.                                                                                                      from the Codex level.
                                               3. Short-term risk. Short-term                        intermediate-term residential exposures
                                                                                                                                                              The Codex has not established an
                                            aggregate exposure takes into account                    to propiconazole.
                                                                                                                                                           MRL for propiconazole on tea.
                                            short-term residential exposure plus                        Using the exposure assumptions
                                            chronic exposure to food and water                       described in this unit for intermediate-              V. Conclusion
                                            (considered to be a background                           term exposures, EPA has concluded that                   Therefore, tolerances are established
                                            exposure level). Propiconazole is                        the combined intermediate-term food,                  for residues of propiconazole, including
                                            currently registered for uses that could                 water, and residential exposures result               its metabolites and degradates, in or on
                                            result in short-term residential                         in aggregate MOEs of 110 for children                 tea at 4.0 ppm. As there are currently no
                                            exposure, and the Agency has                             1–2 years old. Because EPA’s level of                 U.S. registrations for propiconazole for
                                            determined that it is appropriate to                     concern for propiconazole is a MOE of                 use on tea, EPA is adding a footnote to
                                            aggregate chronic exposure through food                  100 or below, this MOE is not of                      the regulation to clarify that fact.
                                            and water with short-term residential                    concern.
                                            exposures to propiconazole.                                 5. Aggregate cancer risk for U.S.                  VI. Statutory and Executive Order
                                               Using the exposure assumptions                        population. Based on the discussion in                Reviews
                                            described in this unit for short-term                    Unit III.A., EPA considers the chronic                  This action establishes a tolerance
                                            exposures, EPA has concluded the                         aggregate risk assessment to be                       under FFDCA section 408(d) in
                                            combined short-term food, water, and                     protective of any aggregate cancer risk.              response to a petition submitted to the
                                            residential exposures result in aggregate                As there is no chronic risk of concern,               Agency. The Office of Management and
                                            MOEs from post-application activities                    EPA does not expect any cancer risk to                Budget (OMB) has exempted these types
                                            (the highest exposure scenario) of 200                   the U.S. population from aggregate                    of actions from review under Executive
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                                            for adults and 96 for children 1–2 years                 exposure to propiconazole.                            Order 12866, entitled ‘‘Regulatory
                                            old. This assessment is considered                          6. Determination of safety. Based on               Planning and Review’’ (58 FR 51735,
                                            conservative since the short-term                        these risk assessments, EPA concludes                 October 4, 1993). Because this action
                                            endpoints are based on a conservative                    that there is a reasonable certainty that             has been exempted from review under
                                            LOAEL that is 3x higher than the                         no harm will result to the general                    Executive Order 12866, this action is
                                            NOAEL. Therefore, the true NOAEL is                      population, or to infants and children                not subject to Executive Order 13211,


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                                                             Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations                                             80275

                                            entitled ‘‘Actions Concerning                            other required information to the U.S.                       ACTION:   Final rule.
                                            Regulations That Significantly Affect                    Senate, the U.S. House of
                                            Energy Supply, Distribution, or Use’’ (66                Representatives, and the Comptroller                         SUMMARY:   This regulation establishes
                                            FR 28355, May 22, 2001) or Executive                     General of the United States prior to                        tolerances for residues of spinetoram in
                                            Order 13045, entitled ‘‘Protection of                    publication of the rule in the Federal                       or on multiple commodities that are
                                            Children from Environmental Health                       Register. This action is not a ‘‘major                       identified and discussed later in this
                                            Risks and Safety Risks’’ (62 FR 19885,                   rule’’ as defined by 5 U.S.C. 804(2).                        document. In addition, this regulation
                                            April 23, 1997). This action does not                                                                                 removes a number of existing tolerances
                                            contain any information collections                      List of Subjects in 40 CFR Part 180                          for residues of spinetoram that are
                                            subject to OMB approval under the                          Environmental protection,                                  superseded by this action. Interregional
                                            Paperwork Reduction Act (PRA) (44                        Administrative practice and procedure,                       Research Project # 4 (IR-4) requested
                                            U.S.C. 3501 et seq.), nor does it require                Agricultural commodities, Pesticides                         these tolerances under the Federal Food,
                                            any special considerations under                         and pests, Reporting and recordkeeping                       Drug, and Cosmetic Act (FFDCA).
                                            Executive Order 12898, entitled                          requirements.                                                DATES: This regulation is effective
                                            ‘‘Federal Actions to Address                                                                                          December 24, 2015. Objections and
                                                                                                       Dated: December 16, 2015.                                  requests for hearings must be received
                                            Environmental Justice in Minority
                                            Populations and Low-Income                               Susan Lewis,                                                 on or before February 22, 2016, and
                                            Populations’’ (59 FR 7629, February 16,                  Director, Registration Division, Office of                   must be filed in accordance with the
                                            1994).                                                   Pesticide Programs.                                          instructions provided in 40 CFR part
                                               Since tolerances and exemptions that                    Therefore, 40 CFR chapter I is                             178 (see also Unit I.C. of the
                                            are established on the basis of a petition               amended as follows:                                          SUPPLEMENTARY INFORMATION).
                                            under FFDCA section 408(d), such as                                                                                   ADDRESSES: The docket for this action,
                                            the tolerance in this final rule, do not                 PART 180—[AMENDED]                                           identified by docket identification (ID)
                                            require the issuance of a proposed rule,                                                                              number EPA–HQ–OPP–2013–0730, is
                                            the requirements of the Regulatory                       ■ 1. The authority citation for part 180                     available at http://www.regulations.gov
                                            Flexibility Act (RFA) (5 U.S.C. 601 et                   continues to read as follows:                                or at the Office of Pesticide Programs
                                            seq.), do not apply.                                         Authority: 21 U.S.C. 321(q), 346a and 371.               Regulatory Public Docket (OPP Docket)
                                               This action directly regulates growers,                                                                            in the Environmental Protection Agency
                                            food processors, food handlers, and food                 ■ 2. In § 180.434:
                                                                                                     ■ a. Redesignate paragraph (a) as                            Docket Center (EPA/DC), West William
                                            retailers, not States or tribes, nor does                                                                             Jefferson Clinton Bldg., Rm. 3334, 1301
                                            this action alter the relationships or                   paragraph (a)(1).
                                                                                                     ■ b. Add a new paragraph (a)(2).                             Constitution Ave. NW., Washington, DC
                                            distribution of power and                                                                                             20460–0001. The Public Reading Room
                                            responsibilities established by Congress                   The amendments read as follows:
                                                                                                                                                                  is open from 8:30 a.m. to 4:30 p.m.,
                                            in the preemption provisions of FFDCA                    § 180.434 Propiconazole; tolerances for                      Monday through Friday, excluding legal
                                            section 408(n)(4). As such, the Agency                   residues.                                                    holidays. The telephone number for the
                                            has determined that this action will not                   (a) General. (1) * * *                                     Public Reading Room is (202) 566–1744,
                                            have a substantial direct effect on States                 (2) Tolerances are established for                         and the telephone number for the OPP
                                            or tribal governments, on the                            propiconazole, including its metabolites                     Docket is (703) 305–5805. Please review
                                            relationship between the national                        and degradates, in or on the                                 the visitor instructions and additional
                                            government and the States or tribal                      commodities in the table below.                              information about the docket available
                                            governments, or on the distribution of                   Compliance with the tolerance levels                         at http://www.epa.gov/dockets.
                                            power and responsibilities among the                     specified below is to be determined by                       FOR FURTHER INFORMATION CONTACT:
                                            various levels of government or between                  measuring only propiconazole, 1-[[2-                         Susan Lewis, Registration Division
                                            the Federal Government and Indian                        (2,4-dichlorophenyl)-4-propyl-1,3-                           (7505P), Office of Pesticide Programs,
                                            tribes. Thus, the Agency has determined                  dioxolan-2-yl]methyl]-1H-1,2,4-triazole,                     Environmental Protection Agency, 1200
                                            that Executive Order 13132, entitled                     in or on the commodity.                                      Pennsylvania Ave. NW., Washington,
                                            ‘‘Federalism’’ (64 FR 43255, August 10,
                                                                                                                                                                  DC 20460–0001; main telephone
                                            1999) and Executive Order 13175,                                                                         Parts per
                                                                                                                  Commodity                                       number: (703) 305–7090; email address:
                                            entitled ‘‘Consultation and Coordination                                                                  million
                                                                                                                                                                  RDFRNotices@epa.gov.
                                            with Indian Tribal Governments’’ (65 FR
                                            67249, November 9, 2000) do not apply                    Tea 1 .....................................       4.0        SUPPLEMENTARY INFORMATION:
                                            to this action. In addition, this action                     1 Thereare no United States registrations                I. General Information
                                            does not impose any enforceable duty or                  for use of propiconazole on tea as of Decem-
                                            contain any unfunded mandate as                          ber 24, 2015.                                                A. Does this action apply to me?
                                            described under Title II of the Unfunded                 *        *        *        *         *                          You may be potentially affected by
                                            Mandates Reform Act (UMRA) (2 U.S.C.                     [FR Doc. 2015–32328 Filed 12–23–15; 8:45 am]                 this action if you are an agricultural
                                            1501 et seq.).                                           BILLING CODE 6560–50–P                                       producer, food manufacturer, or
                                               This action does not involve any                                                                                   pesticide manufacturer. The following
                                            technical standards that would require                                                                                list of North American Industrial
                                            Agency consideration of voluntary                        ENVIRONMENTAL PROTECTION                                     Classification System (NAICS) codes is
                                            consensus standards pursuant to section                  AGENCY                                                       not intended to be exhaustive, but rather
                                            12(d) of the National Technology                                                                                      provides a guide to help readers
                                            Transfer and Advancement Act                             40 CFR Part 180                                              determine whether this document
tkelley on DSK3SPTVN1PROD with RULES




                                            (NTTAA) (15 U.S.C. 272 note).                            [EPA–HQ–OPP–2013–0730; FRL–9933–39]                          applies to them.
                                                                                                                                                                     Potentially affected entities may
                                            VII. Congressional Review Act
                                                                                                     Spinetoram; Pesticide Tolerances                             include:
                                              Pursuant to the Congressional Review                                                                                   • Crop production (NAICS code 111).
                                            Act (5 U.S.C. 801 et seq.), EPA will                     AGENCY: Environmental Protection                                • Animal production (NAICS code
                                            submit a report containing this rule and                 Agency (EPA).                                                112).


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Document Created: 2015-12-24 02:25:49
Document Modified: 2015-12-24 02:25:49
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 December 24, 2015. Objections and requests for hearings must be received on or before February 22, 2016, 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 80269 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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