81_FR_79135 81 FR 78917 - Prothioconazole; Pesticide Tolerances

81 FR 78917 - Prothioconazole; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 218 (November 10, 2016)

Page Range78917-78923
FR Document2016-27206

This regulation establishes tolerances for residues of prothioconazole in or on cotton gin byproducts and the cottonseed subgroup 20C. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 81 Issue 218 (Thursday, November 10, 2016)
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Rules and Regulations]
[Pages 78917-78923]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27206]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0722; FRL-9953-71]


Prothioconazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
prothioconazole in or on cotton gin byproducts and the cottonseed 
subgroup 20C. Bayer CropScience requested these tolerances under the 
Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective November 10, 2016. Objections and 
requests for hearings must be received on or before January 9, 2017, 
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-2015-0722, 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: Michael Goodis, 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:

[[Page 78918]]

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-2015-0722 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 
January 9, 2017. Addresses for mail and hand delivery of objections and 
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2015-0722, 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 November 25, 2015 (80 FR 73695) (FRL-
9937-14), 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 
5F8381) by Bayer CropScience, P.O. Box 12014, 2 T.W. Alexander Drive, 
Research Triangle Park, NC. The petition requested that 40 CFR 180.626 
be amended by establishing tolerances for residues of the fungicide, 
prothioconazole in or on cotton, undelinted seed (crop subgroup 20C) at 
0.4 parts per million (ppm) and to amend the existing tolerance in or 
on sugar beet, roots from 0.25 ppm to 0.3 ppm. That document referenced 
a summary of the petition prepared by Bayer CropScience, the 
registrant, which is available in the docket, http://www.regulations.gov. A comment was received in response to the notice 
of filing. EPA's response to this comment is discussed in Unit IV.C.
    Based upon review of the data supporting the petition, EPA has 
determined that the sugar beet root tolerance does not need to be 
increased to 0.30 ppm. The reason for this determination is explained 
in Unit IV.D.
    In the Federal Register of August 29, 2016 (81 FR 59165) (FRL-9950-
22), 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 
5F8381) by Bayer CropScience, P.O. Box 12014, 2 T.W. Alexander Drive, 
Research Triangle Park, NC. The petition requested that 40 CFR 180.626 
be amended by establishing tolerances for residues of the fungicide, 
prothioconazole in or on cotton, gin byproducts at 4.0 ppm. That 
document referenced a summary of the petition prepared by Bayer 
CropScience, the registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the 
notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for prothioconazole including 
exposure resulting from the tolerances established by this action. 
EPA's assessment of exposures and risks associated with prothioconazole 
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.
    Prothioconazole degrades into different compounds in different 
matrices, with prothioconazole-desthio (desthio) being the metabolite 
and degradate of concern. The target organs of prothioconazole and the 
desthio metabolite include the liver, kidney, bladder, thyroid and 
blood. In addition, the chronic studies showed body weight and food 
consumption changes, and toxicity to the lymphatic and gastrointestinal 
systems.

[[Page 78919]]

    Developmental studies show that prothioconazole and its metabolites 
produce adverse effects including malformations in the conceptus at 
levels equal to or below maternally toxic levels, particularly those 
studies conducted using prothioconazole-desthio. Reproduction studies 
in the rat with prothioconazole and prothioconazole-desthio suggest 
that these chemicals do not adversely affect reproductive parameters or 
the offspring except at parentally toxic dose levels. Acute and 
subchronic neurotoxicity studies, as well as a developmental 
neurotoxicity study, raise no neurotoxicity concerns. Immunotoxicity 
data show that prothioconazole is not an immunotoxicant.
    The available carcinogenicity and/or chronic studies in the mouse 
and rat, using both prothioconazole and prothioconazole-desthio, show 
no increase in tumor incidence and EPA has concluded that 
prothioconazole and its metabolites are not carcinogenic.
    Specific information on the studies received and the nature of the 
adverse effects caused by prothioconazole as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in the document titled ``Prothioconazole: Human 
Health Risk Assessment for a Proposed Tolerance on Cottonseed Subgroup 
20C, a Tolerance Amendment on Sugar Beet Roots, and New Use Requests 
for Cotton, Sugar Beet, Soybean, and Dried Shelled Pea and Bean'' on 
page 32 in docket ID number EPA-HQ-OPP-2015-0722.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides.
    A summary of the toxicological endpoints for prothioconazole used 
for human risk assessment is shown in Table 1. of this unit.

     Table 1--Summary of Toxicological Doses and Endpoints for Prothioconazole for Use in Human Health Risk
                                                   Assessment
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                                        Point of departure and
          Exposure/scenario               uncertainty/safety    RfD, PAD, LOC for  risk  Study and toxicological
                                               factors                 assessment                effects
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Acute dietary (Females 13-50 years of  NOAEL = 2.0 mg/kg/day    Acute RfD = 0.02 mg/kg/  Developmental Toxicity
 age).                                  UFA = 10x.               day.                     study in rabbits.
                                       UFH = 10x..............  aPAD = 0.02 mg/kg/day..  LOAEL = 10 mg/kg/day
                                       FQPA SF = 1x...........                            based on structural
                                                                                          alterations including
                                                                                          malformed vertebral
                                                                                          body and ribs,
                                                                                          arthrogryposis, and
                                                                                          multiple
                                                                                          malformations.
                                      --------------------------------------------------------------------------
Acute dietary (General population         No observed effects could be attributable to a single dose exposure.
 including infants and children).          Therefore, a dose and endpoint were not selected for this exposure
                                                                        scenario.
                                      --------------------------------------------------------------------------
Chronic dietary (All populations)....  NOAEL = 1.1 mg/kg/day    Chronic RfD = 0.01 mg/   Chronic/Carcinogenicity
                                        UFA = 10x.               kg/day.                  study in rats.
                                       UFH = 10x..............  cPAD = 0.01 mg/kg/day..  LOAEL = 8.0 mg/kg/day
                                       FQPA SF = 1x...........                            based on liver
                                                                                          histopathology
                                                                                          [hepatocellular
                                                                                          vacuolation and fatty
                                                                                          change (single cell,
                                                                                          centrilobular, and
                                                                                          periportal)].
                                      --------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)....       Not likely to be carcinogenic to humans based on the absence of
                                           significant tumor increases in two adequate rodent carcinogenicity
                                                                        studies.
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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). 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 prothioconazole, EPA considered exposure under the 
petitioned-for tolerances as well as all existing prothioconazole 
tolerances in 40 CFR 180.626. EPA assessed dietary exposures from 
prothioconazole 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 prothioconazole for females 13-50 
years old. In estimating acute dietary exposure, EPA used food 
consumption information from the United States Department of 
Agriculture's National

[[Page 78920]]

Health and Nutrition Examination Survey, What We Eat in America, 
(NHANES/WWEIA; 2003-2008). As to residue levels in food, EPA assumed 
tolerance-level values for the proposed new uses and existing 
tolerances on berries and cucurbit vegetables, average field trial 
residues for all other commodities and empirical processing factors. 
With respect to sugar beet, the registrant-proposed tolerance value of 
0.30 was incorporated in the dietary assessment, however, the Agency is 
leaving the tolerance at 0.25 ppm. The use of this higher residue level 
in the dietary assessment will serve as an overestimate of actual 
exposure to residues in/on sugar beet roots. 100 percent crop treated 
(PCT) was assumed for all proposed and established commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the food consumption data from the USDA 2003-2008 
NHANES/WWEIA. As to residue levels in food, EPA assumed tolerance-level 
values for the proposed new uses and existing tolerances on berries and 
cucurbit vegetables, average field trial residues for all other 
commodities and empirical processing factors. With respect to sugar 
beet, the registrant-proposed tolerance value of 0.30 was incorporated 
in the dietary assessment; however, the Agency is leaving the existing 
tolerance at 0.25 ppm. The use of this higher residue level in the 
dietary assessment will serve as an overestimate of actual exposure to 
residues in/on sugar beet roots. 100 PCT was assumed for all proposed 
and established commodities.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that prothioconazole does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk was not conducted.
    iv. Anticipated residue and 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 prothioconazole in drinking water. These simulation 
models take into account data on the physical, chemical, and fate/
transport characteristics of prothioconazole. Further information 
regarding EPA drinking water models used in pesticide exposure 
assessment can be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling 
System (PRZM/EXAMS) and Pesticide Root Zone Model Ground Water (PRZM 
GW) models, the estimated drinking water concentrations (EDWCs) of 
prothioconazole for acute exposures are estimated to be 109 parts per 
billion (ppb) for surface water and 132 ppb for ground water and for 
chronic exposures are estimated to be 97 ppb for surface water and 128 
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 132 ppb was used to assess 
the contribution to drinking water. For chronic dietary risk 
assessment, the water concentration of value 128 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). Prothioconazole is 
not registered for any specific use patterns that would result in 
residential exposure.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    Prothioconazole 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 that the 
chemicals operate by the same, or essentially the same, sequence of 
major biochemical events in mammals (EPA, 2002). In the case of 
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 range 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 prothioconazole shares a common mechanism of 
toxicity with any other conazole pesticide, and EPA is not following a 
cumulative risk approach for this tolerance action. For information 
regarding EPA's procedures for cumulating effects from substances found 
to have a common mechanism of toxicity, see EPA's Web site at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.
    Prothioconazole 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 prothioconazole, 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 developmental neurotoxicity (DNT) study. 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

[[Page 78921]]

Identification (ID) Number EPA-HQ-OPP-2005-0497.
    An updated dietary exposure and risk analysis 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 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. The proposed new 
uses of prothioconazole are not expected to significantly increase the 
dietary exposure estimates for free triazole or conjugated triazoles. 
This assessment may be found on http://www.regulations.gov by searching 
for the following title and docket 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 in docket ID number EPA-HQ-
OPP-2014-0788).

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply an additional tenfold (10X) margin of safety for infants 
and children in the case of threshold effects to account for prenatal 
and postnatal toxicity and the completeness of the database on toxicity 
and exposure unless EPA determines based on reliable data that a 
different margin of safety will be safe for infants and children. This 
additional margin of safety is commonly referred to as the FQPA Safety 
Factor (SF). In applying this provision, EPA either retains the default 
value of 10X, or uses a different additional safety factor when 
reliable data available to EPA support the choice of a different 
factor.
    2. Prenatal and postnatal sensitivity. There are adequate data in 
the prothioconazole/prothioconazole-desthio toxicological database to 
characterize the potential for pre-natal or post-natal risks to infants 
and children: Two-generation reproduction studies in rats; 
developmental studies in rats and rabbits; and a DNT study in rats. The 
effects seen in these studies suggest that offspring are more 
susceptible: Offspring adverse effects were seen at levels below the 
LOAELs for maternal toxicity and, in general, were of comparable or 
greater severity compared to the effects observed in adults. However, 
clear NOAELs are established for offspring and fetal effects. The most 
sensitive effects (malformed vertebral body and ribs, anthrogryposis, 
and other multiple malformations) seen in the fetuses of a rabbit 
developmental study are established as the toxicity endpoints with a 
POD of 2 mg/kg/day. This POD is protective all fetal and offspring 
effects seen in the developmental toxicity and developmental 
neurotoxicity studies.
    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 prothioconazole is complete.
    ii. No neurotoxicity was seen in acute and subchronic neurotoxicity 
studies and other studies with prothioconazole or prothioconazole-
desthio. Although offspring neurotoxicity was found, characterized by 
peripheral nerve lesions in the developmental neurotoxicity study on 
prothioconazole-desthio, the increase was seen only in the highest dose 
group at 105 mg/kg/day. Further, a NOAEL was established for the 
peripheral nerve lesions and all of the PODs used in the risk 
assessment were protective of this finding.
    iii. Evidence of quantitative and qualitative susceptibility of 
offspring were observed in the developmental studies. However, basing 
the POD on the offspring in the most sensitive of these studies 
provides the needed protection of offspring.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100 PCT and EPA-recommended tolerance values for all of the proposed 
uses and existing tolerances on berries and cucurbit vegetables, 
average field trial residue levels for the remaining uses, and 
empirical processing factors. EPA made conservative (protective) 
assumptions in the ground and surface water modeling used to assess 
exposure to prothioconazole in drinking water. These assessments will 
not underestimate the exposure and risks posed by prothioconazole.

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 prothioconazole will occupy 40% of the aPAD for females 13-49 years 
old, the only population group of concern.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
prothioconazole from food and water will utilize 77% of the cPAD for 
all infants less than 1 year old, the population group receiving the 
greatest exposure. There are no residential uses for prothioconazole.
    3. Short- and Intermediate-term risk. Short- and intermediate-term 
aggregate exposure takes into account short- and intermediate-term 
residential exposure plus chronic exposure to food and water 
(considered to be a background exposure level).
    Both short- and intermediate-term adverse effects were identified; 
however, prothioconazole is not registered for any use patterns that 
would result in either short- or intermediate-term residential 
exposure. Short- and intermediate-term risk is assessed based on short- 
and intermediate-term residential exposure plus chronic dietary 
exposure. Because there is no short- or intermediate-term residential 
exposure and chronic dietary exposure has already been assessed under 
the appropriately protective cPAD (which is at least as protective as 
the POD used to assess short-term risk), no further assessment of 
short- or intermediate-term risk is necessary, and EPA relies on the 
chronic dietary risk assessment for evaluating short- and intermediate-
term risk for prothioconazole.
    4. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, prothioconazole is not expected to pose a cancer risk to 
humans.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children

[[Page 78922]]

from aggregate exposure to prothioconazole residues, including 
aggregate exposure to residues of the common metabolites of 
prothioconazole and other related conazole fungicides.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate liquid chromatography with tandem mass spectrometry (LC/
MS/MS) methods are available for enforcing prothioconazole tolerances 
in crop and livestock commodities.
    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.
    There are no Codex MRLs established for prothioconazole in or on 
cotton.
    The Codex has established MRLs for prothioconazole in or on sugar 
beet roots at 0.3 ppm. This MRL is different than the tolerances 
established for prothioconazole in the United States. The U.S. is 
keeping the tolerance previously established in or on beet, sugar, 
roots at 0.25 ppm based on an evaluation of the residue data and in 
order to remain harmonized with Canada. The registrant, Bayer 
CropScience, has indicated their wish is to harmonize with Canada. 
Bayer cited data from the International Trade Macro Analysis Branch 
within the Economic Indicators Division of the U.S. Census Bureau, 
indicating that Canada and Mexico are the largest trade partners for 
U.S. exports of processed and refined sugar beets. Therefore, it would 
be more beneficial for U.S. growers if the U.S. tolerance is harmonized 
with Canada instead of Codex.

C. Response to Comments

    A comment was submitted by the Center for Food Safety and was 
primarily concerned about EPA's consideration of the impacts of 
prothioconazole on the environment, pollinators, and endangered 
species. This comment is not relevant to the Agency's evaluation of 
safety of the prothioconazole tolerances under section 408 of the 
FFDCA, which requires the Agency to evaluate the potential harms to 
human health, not effects on the environment.

D. Revisions to Petitioned-For Tolerances

    Based on the review of the sugar beet residue data, EPA has 
determined that increasing the existing tolerance in or on beet, sugar, 
roots from 0.25 ppm to 0.30 ppm is not necessary, and therefore the 
sugar beet root tolerance will remain at 0.25 ppm. The registrant has 
indicated that they support this conclusion.

V. Conclusion

    Therefore, tolerances are established for residues of 
prothioconazole in or on cotton gin byproducts at 4.0 ppm and the 
cottonseed subgroup 20C at 0.4 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in 
response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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


[[Page 78923]]


    Dated: November 2, 2016.
Michael Goodis,
Acting 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.  180.626, add alphabetically the commodities ``Cotton, gin 
byproducts'' and ``Cottonseed subgroup 20C'' to the table in paragraph 
(a)(1) to read as follows:


Sec.  180.626  Prothioconazole; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Cotton, gin byproducts..................................             4.0
Cottonseed subgroup 20C.................................             0.4
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-27206 Filed 11-9-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations                                             78917

                                                  EPA explain the reasons for departing                    various levels of government or between                                                      Parts per
                                                                                                                                                                                Commodity
                                                  from the Codex level.                                    the Federal Government and Indian                                                             million
                                                     The Codex has not established any                     tribes. Thus, the Agency has determined
                                                  MRLs for clomazone.                                      that Executive Order 13132, entitled
                                                                                                           ‘‘Federalism’’ (64 FR 43255, August 10,                   *            *         *       *          *
                                                  V. Conclusion
                                                                                                           1999) and Executive Order 13175,
                                                    Therefore, tolerances are established                  entitled ‘‘Consultation and Coordination              *        *       *    *        *
                                                  for residues of clomazone, 2-[(2-                                                                              [FR Doc. 2016–27201 Filed 11–9–16; 8:45 am]
                                                                                                           with Indian Tribal Governments’’ (65 FR
                                                  chlorophenyl)methyl]-4,4-dimethyl-3-                     67249, November 9, 2000) do not apply                 BILLING CODE 6560–50–P
                                                  isoxazolidinone, in or on asparagus at                   to this action. In addition, this action
                                                  0.05 ppm and soybean, vegetable,                         does not impose any enforceable duty or
                                                  succulent at 0.05 ppm.                                                                                         ENVIRONMENTAL PROTECTION
                                                                                                           contain any unfunded mandate as
                                                                                                                                                                 AGENCY
                                                  VI. Statutory and Executive Order                        described under Title II of the Unfunded
                                                  Reviews                                                  Mandates Reform Act (UMRA) (2 U.S.C.                  40 CFR Part 180
                                                                                                           1501 et seq.).
                                                     This action establishes tolerances                       This action does not involve any
                                                  under FFDCA section 408(d) in                            technical standards that would require                [EPA–HQ–OPP–2015–0722; FRL–9953–71]
                                                  response to a petition submitted to the
                                                                                                           Agency consideration of voluntary                     Prothioconazole; Pesticide Tolerances
                                                  Agency. The Office of Management and
                                                                                                           consensus standards pursuant to section
                                                  Budget (OMB) has exempted these types
                                                                                                           12(d) of the National Technology                      AGENCY:  Environmental Protection
                                                  of actions from review under Executive
                                                                                                           Transfer and Advancement Act                          Agency (EPA).
                                                  Order 12866, entitled ‘‘Regulatory
                                                                                                           (NTTAA) (15 U.S.C. 272 note).                         ACTION: Final rule.
                                                  Planning and Review’’ (58 FR 51735,
                                                  October 4, 1993). Because this action                    VII. Congressional Review Act
                                                  has been exempted from review under                                                                            SUMMARY:       This regulation establishes
                                                                                                             Pursuant to the Congressional Review                    tolerances for residues of
                                                  Executive Order 12866, this action is                    Act (5 U.S.C. 801 et seq.), EPA will
                                                  not subject to Executive Order 13211,                                                                              prothioconazole in or on cotton gin
                                                                                                           submit a report containing this rule and                  byproducts and the cottonseed subgroup
                                                  entitled ‘‘Actions Concerning                            other required information to the U.S.
                                                  Regulations That Significantly Affect                                                                              20C. Bayer CropScience requested these
                                                                                                           Senate, the U.S. House of                                 tolerances under the Federal Food,
                                                  Energy Supply, Distribution, or Use’’ (66                Representatives, and the Comptroller
                                                  FR 28355, May 22, 2001) or Executive                                                                               Drug, and Cosmetic Act (FFDCA).
                                                                                                           General of the United States prior to
                                                  Order 13045, entitled ‘‘Protection of                    publication of the rule in the Federal                    DATES: This regulation is effective
                                                  Children from Environmental Health                       Register. This action is not a ‘‘major                    November 10, 2016. Objections and
                                                  Risks and Safety Risks’’ (62 FR 19885,                   rule’’ as defined by 5 U.S.C. 804(2).                     requests for hearings must be received
                                                  April 23, 1997). This action does not                                                                              on or before January 9, 2017, and must
                                                  contain any information collections                      List of Subjects in 40 CFR Part 180                       be filed in accordance with the
                                                  subject to OMB approval under the                           Environmental protection,                              instructions provided in 40 CFR part
                                                  Paperwork Reduction Act (PRA) (44                        Administrative practice and procedure,                    178 (see also Unit I.C. of the
                                                  U.S.C. 3501 et seq.), nor does it require                Agricultural commodities, Pesticides                      SUPPLEMENTARY INFORMATION).
                                                  any special considerations under                         and pests, Reporting and recordkeeping ADDRESSES: The docket for this action,
                                                  Executive Order 12898, entitled                          requirements.                                             identified by docket identification (ID)
                                                  ‘‘Federal Actions to Address                                Dated: October 21, 2016.                               number EPA–HQ–OPP–2015–0722, is
                                                  Environmental Justice in Minority                                                                                  available at http://www.regulations.gov
                                                                                                           Michael Goodis,
                                                  Populations and Low-Income                                                                                         or at the Office of Pesticide Programs
                                                                                                           Acting Director, Registration Division, Office
                                                  Populations’’ (59 FR 7629, February 16,                                                                            Regulatory Public Docket (OPP Docket)
                                                                                                           of Pesticide Programs.
                                                  1994).                                                                                                             in the Environmental Protection Agency
                                                     Since tolerances and exemptions that                     Therefore, 40 CFR chapter I is                         Docket Center (EPA/DC), West William
                                                  are established on the basis of a petition               amended as follows:                                       Jefferson Clinton Bldg., Rm. 3334, 1301
                                                  under FFDCA section 408(d), such as                                                                                Constitution Ave. NW., Washington, DC
                                                  the tolerance in this final rule, do not                 PART 180—[AMENDED]
                                                                                                                                                                     20460–0001. The Public Reading Room
                                                  require the issuance of a proposed rule,                                                                           is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                           ■ 1. The authority citation for part 180
                                                  the requirements of the Regulatory                                                                                 Monday through Friday, excluding legal
                                                                                                           continues to read as follows:
                                                  Flexibility Act (RFA) (5 U.S.C. 601 et                                                                             holidays. The telephone number for the
                                                  seq.), do not apply.                                        Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                                                                                     Public Reading Room is (202) 566–1744,
                                                     This action directly regulates growers,               ■ 2. In § 180.425, add alphabetically the                 and the telephone number for the OPP
                                                  food processors, food handlers, and food                 commodities ‘‘Asparagus’’ and                             Docket is (703) 305–5805. Please review
                                                  retailers, not States or tribes, nor does                ‘‘Soybean, vegetable, succulent’’ to the                  the visitor instructions and additional
                                                  this action alter the relationships or                   table in paragraph (a) to read as follows: information about the docket available
                                                  distribution of power and                                                                                          at http://www.epa.gov/dockets.
                                                  responsibilities established by Congress                 § 180.425 Clomazone; tolerances for
                                                  in the preemption provisions of FFDCA                    residues.                                                 FOR  FURTHER INFORMATION CONTACT:
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  section 408(n)(4). As such, the Agency                      (a) * * *                                              Michael   Goodis, Registration Division
                                                  has determined that this action will not                                                                           (7505P), Office of Pesticide Programs,
                                                  have a substantial direct effect on States                                                             Parts per   Environmental Protection Agency, 1200
                                                                                                                      Commodity
                                                  or tribal governments, on the                                                                           million    Pennsylvania Ave. NW., Washington,
                                                  relationship between the national                                                                                  DC 20460–0001; main telephone
                                                                                                           Asparagus ...................................        0.05 number: (703) 305–7090; email address:
                                                  government and the States or tribal
                                                  governments, or on the distribution of                       *         *             *               *        *
                                                                                                                                                                     RDFRNotices@epa.gov.
                                                  power and responsibilities among the                     Soybean, vegetable, succulent ..                     0.05 SUPPLEMENTARY INFORMATION:



                                             VerDate Sep<11>2014    16:33 Nov 09, 2016   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\10NOR1.SGM       10NOR1


                                                  78918            Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations

                                                  I. General Information                                   instructions for submitting comments.                 There were no comments received in
                                                                                                           Do not submit electronically any                      response to the notice of filing.
                                                  A. Does this action apply to me?
                                                                                                           information you consider to be CBI or
                                                     You may be potentially affected by                                                                          III. Aggregate Risk Assessment and
                                                                                                           other information whose disclosure is
                                                  this action if you are an agricultural                                                                         Determination of Safety
                                                                                                           restricted by statute.
                                                  producer, food manufacturer, or                            • Mail: OPP Docket, Environmental                      Section 408(b)(2)(A)(i) of FFDCA
                                                  pesticide manufacturer. The following                    Protection Agency Docket Center (EPA/                 allows EPA to establish a tolerance (the
                                                  list of North American Industrial                        DC), (28221T), 1200 Pennsylvania Ave.                 legal limit for a pesticide chemical
                                                  Classification System (NAICS) codes is                   NW., Washington, DC 20460–0001.                       residue in or on a food) only if EPA
                                                  not intended to be exhaustive, but rather                  • Hand Delivery: To make special                    determines that the tolerance is ‘‘safe.’’
                                                  provides a guide to help readers                         arrangements for hand delivery or                     Section 408(b)(2)(A)(ii) of FFDCA
                                                  determine whether this document                          delivery of boxed information, please                 defines ‘‘safe’’ to mean that ‘‘there is a
                                                  applies to them. Potentially affected                    follow the instructions at http://                    reasonable certainty that no harm will
                                                  entities may include:                                    www.epa.gov/dockets/contacts.html.                    result from aggregate exposure to the
                                                     • Crop production (NAICS code 111).                     Additional instructions on                          pesticide chemical residue, including
                                                     • Animal production (NAICS code                       commenting or visiting the docket,                    all anticipated dietary exposures and all
                                                  112).                                                    along with more information about                     other exposures for which there is
                                                     • Food manufacturing (NAICS code                      dockets generally, is available at http://            reliable information.’’ This includes
                                                  311).                                                    www.epa.gov/dockets.                                  exposure through drinking water and in
                                                     • Pesticide manufacturing (NAICS                                                                            residential settings, but does not include
                                                                                                           II. Summary of Petitioned-For
                                                  code 32532).                                                                                                   occupational exposure. Section
                                                                                                           Tolerance
                                                  B. How can i get electronic access to                       In the Federal Register of November                408(b)(2)(C) of FFDCA requires EPA to
                                                  other related information?                               25, 2015 (80 FR 73695) (FRL–9937–14),                 give special consideration to exposure
                                                                                                           EPA issued a document pursuant to                     of infants and children to the pesticide
                                                     You may access a frequently updated
                                                                                                           FFDCA section 408(d)(3), 21 U.S.C.                    chemical residue in establishing a
                                                  electronic version of EPA’s tolerance
                                                                                                           346a(d)(3), announcing the filing of a                tolerance and to ‘‘ensure that there is a
                                                  regulations at 40 CFR part 180 through
                                                                                                           pesticide petition (PP 5F8381) by Bayer               reasonable certainty that no harm will
                                                  the Government Printing Office’s e-CFR
                                                                                                           CropScience, P.O. Box 12014, 2 T.W.                   result to infants and children from
                                                  site at http://www.ecfr.gov/cgi-bin/text-
                                                                                                           Alexander Drive, Research Triangle                    aggregate exposure to the pesticide
                                                  idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                                                                                           Park, NC. The petition requested that 40              chemical residue. . . .’’
                                                  40tab_02.tpl.
                                                                                                           CFR 180.626 be amended by                                Consistent with FFDCA section
                                                  C. How can i file an objection or hearing                establishing tolerances for residues of               408(b)(2)(D), and the factors specified in
                                                  request?                                                 the fungicide, prothioconazole in or on               FFDCA section 408(b)(2)(D), EPA has
                                                    Under FFDCA section 408(g), 21                         cotton, undelinted seed (crop subgroup                reviewed the available scientific data
                                                  U.S.C. 346a, any person may file an                      20C) at 0.4 parts per million (ppm) and               and other relevant information in
                                                  objection to any aspect of this regulation               to amend the existing tolerance in or on              support of this action. EPA has
                                                  and may also request a hearing on those                  sugar beet, roots from 0.25 ppm to 0.3                sufficient data to assess the hazards of
                                                  objections. You must file your objection                 ppm. That document referenced a                       and to make a determination on
                                                  or request a hearing on this regulation                  summary of the petition prepared by                   aggregate exposure for prothioconazole
                                                  in accordance with the instructions                      Bayer CropScience, the registrant,                    including exposure resulting from the
                                                  provided in 40 CFR part 178. To ensure                   which is available in the docket, http://             tolerances established by this action.
                                                  proper receipt by EPA, you must                          www.regulations.gov. A comment was                    EPA’s assessment of exposures and risks
                                                  identify docket ID number EPA–HQ–                        received in response to the notice of                 associated with prothioconazole
                                                  OPP–2015–0722 in the subject line on                     filing. EPA’s response to this comment                follows.
                                                  the first page of your submission. All                   is discussed in Unit IV.C.                            A. Toxicological Profile
                                                  objections and requests for a hearing                       Based upon review of the data
                                                  must be in writing, and must be                          supporting the petition, EPA has                        EPA has evaluated the available
                                                  received by the Hearing Clerk on or                      determined that the sugar beet root                   toxicity data and considered its validity,
                                                  before January 9, 2017. Addresses for                    tolerance does not need to be increased               completeness, and reliability as well as
                                                  mail and hand delivery of objections                     to 0.30 ppm. The reason for this                      the relationship of the results of the
                                                  and hearing requests are provided in 40                  determination is explained in Unit IV.D.              studies to human risk. EPA has also
                                                  CFR 178.25(b).                                              In the Federal Register of August 29,              considered available information
                                                    In addition to filing an objection or                  2016 (81 FR 59165) (FRL–9950–22),                     concerning the variability of the
                                                  hearing request with the Hearing Clerk                   EPA issued a document pursuant to                     sensitivities of major identifiable
                                                  as described in 40 CFR part 178, please                  FFDCA section 408(d)(3), 21 U.S.C.                    subgroups of consumers, including
                                                  submit a copy of the filing (excluding                   346a(d)(3), announcing the filing of a                infants and children.
                                                  any Confidential Business Information                    pesticide petition (PP 5F8381) by Bayer                 Prothioconazole degrades into
                                                  (CBI)) for inclusion in the public docket.               CropScience, P.O. Box 12014, 2 T.W.                   different compounds in different
                                                  Information not marked confidential                      Alexander Drive, Research Triangle                    matrices, with prothioconazole-desthio
                                                  pursuant to 40 CFR part 2 may be                         Park, NC. The petition requested that 40              (desthio) being the metabolite and
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  disclosed publicly by EPA without prior                  CFR 180.626 be amended by                             degradate of concern. The target organs
                                                  notice. Submit the non-CBI copy of your                  establishing tolerances for residues of               of prothioconazole and the desthio
                                                  objection or hearing request, identified                 the fungicide, prothioconazole in or on               metabolite include the liver, kidney,
                                                  by docket ID number EPA–HQ–OPP–                          cotton, gin byproducts at 4.0 ppm. That               bladder, thyroid and blood. In addition,
                                                  2015–0722, by one of the following                       document referenced a summary of the                  the chronic studies showed body weight
                                                  methods:                                                 petition prepared by Bayer CropScience,               and food consumption changes, and
                                                    • Federal eRulemaking Portal: http://                  the registrant, which is available in the             toxicity to the lymphatic and
                                                  www.regulations.gov. Follow the online                   docket, http://www.regulations.gov.                   gastrointestinal systems.


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                                                                   Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations                                                      78919

                                                     Developmental studies show that                         well as the no-observed-adverse-effect-                     toxicological study to determine the
                                                  prothioconazole and its metabolites                        level (NOAEL) and the lowest-observed-                      dose at which no adverse effects are
                                                  produce adverse effects including                          adverse-effect-level (LOAEL) from the                       observed (the NOAEL) and the lowest
                                                  malformations in the conceptus at levels                   toxicity studies can be found at http://                    dose at which adverse effects of concern
                                                  equal to or below maternally toxic                         www.regulations.gov in the document                         are identified (the LOAEL). Uncertainty/
                                                  levels, particularly those studies                         titled ‘‘Prothioconazole: Human Health                      safety factors are used in conjunction
                                                  conducted using prothioconazole-                           Risk Assessment for a Proposed                              with the POD to calculate a safe
                                                  desthio. Reproduction studies in the rat                   Tolerance on Cottonseed Subgroup 20C,                       exposure level—generally referred to as
                                                  with prothioconazole and                                   a Tolerance Amendment on Sugar Beet                         a population-adjusted dose (PAD) or a
                                                  prothioconazole-desthio suggest that                       Roots, and New Use Requests for                             reference dose (RfD)—and a safe margin
                                                  these chemicals do not adversely affect                    Cotton, Sugar Beet, Soybean, and Dried                      of exposure (MOE). For non-threshold
                                                  reproductive parameters or the offspring                   Shelled Pea and Bean’’ on page 32 in                        risks, the Agency assumes that any
                                                  except at parentally toxic dose levels.                    docket ID number EPA–HQ–OPP–2015–                           amount of exposure will lead to some
                                                  Acute and subchronic neurotoxicity                         0722.                                                       degree of risk. Thus, the Agency
                                                  studies, as well as a developmental                                                                                    estimates risk in terms of the probability
                                                                                                             B. Toxicological Points of Departure/
                                                  neurotoxicity study, raise no                                                                                          of an occurrence of the adverse effect
                                                                                                             Levels of Concern
                                                  neurotoxicity concerns. Immunotoxicity                                                                                 expected in a lifetime. For more
                                                  data show that prothioconazole is not an                      Once a pesticide’s toxicological
                                                                                                             profile is determined, EPA identifies                       information on the general principles
                                                  immunotoxicant.                                                                                                        EPA uses in risk characterization and a
                                                     The available carcinogenicity and/or                    toxicological points of departure (POD)
                                                                                                             and levels of concern to use in                             complete description of the risk
                                                  chronic studies in the mouse and rat,
                                                                                                             evaluating the risk posed by human                          assessment process, see http://
                                                  using both prothioconazole and
                                                                                                             exposure to the pesticide. For hazards                      www2.epa.gov/pesticide-science-and-
                                                  prothioconazole-desthio, show no
                                                  increase in tumor incidence and EPA                        that have a threshold below which there                     assessing-pesticide-risks/assessing-
                                                  has concluded that prothioconazole and                     is no appreciable risk, the toxicological                   human-health-risk-pesticides.
                                                  its metabolites are not carcinogenic.                      POD is used as the basis for derivation                        A summary of the toxicological
                                                     Specific information on the studies                     of reference values for risk assessment.                    endpoints for prothioconazole used for
                                                  received and the nature of the adverse                     PODs are developed based on a careful                       human risk assessment is shown in
                                                  effects caused by prothioconazole as                       analysis of the doses in each                               Table 1. of this unit.

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

                                                  Acute dietary (Females           13–50     NOAEL = 2.0 mg/kg/day UFA =                       Acute RfD = 0.02 mg/kg/day ........     Developmental Toxicity study in
                                                    years of age).                            10x.                                             aPAD = 0.02 mg/kg/day ...............     rabbits.
                                                                                             UFH = 10x .....................................                                           LOAEL = 10 mg/kg/day based on
                                                                                             FQPA SF = 1x ..............................                                                 structural alterations including
                                                                                                                                                                                         malformed vertebral body and
                                                                                                                                                                                         ribs, arthrogryposis, and mul-
                                                                                                                                                                                         tiple malformations.

                                                  Acute dietary (General population           No observed effects could be attributable to a single dose exposure. Therefore, a dose and endpoint were
                                                    including infants and children).                                           not selected for this exposure scenario.

                                                  Chronic dietary (All populations) ....     NOAEL = 1.1 mg/kg/day UFA =                       Chronic RfD = 0.01 mg/kg/day .....      Chronic/Carcinogenicity study in
                                                                                              10x.                                             cPAD = 0.01 mg/kg/day ...............     rats.
                                                                                             UFH = 10x .....................................                                           LOAEL = 8.0 mg/kg/day based on
                                                                                             FQPA SF = 1x ..............................                                                 liver              histopathology
                                                                                                                                                                                         [hepatocellular vacuolation and
                                                                                                                                                                                         fatty   change     (single    cell,
                                                                                                                                                                                         centrilobular, and periportal)].

                                                  Cancer (Oral, dermal, inhalation) ..         Not likely to be carcinogenic to humans based on the absence of significant tumor increases in two ade-
                                                                                                                                  quate rodent carcinogenicity studies.
                                                    FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day =
                                                  milligram/kilogram/day.
                                                    MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = ref-
                                                  erence dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
                                                  members of the human population (intraspecies).
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  C. Exposure Assessment                                     40 CFR 180.626. EPA assessed dietary                        occurring as a result of a 1-day or single
                                                                                                             exposures from prothioconazole in food                      exposure.
                                                    1. Dietary exposure from food and                        as follows:                                                   Such effects were identified for
                                                  feed uses. In evaluating dietary                              i. Acute exposure. Quantitative acute                    prothioconazole for females 13–50 years
                                                  exposure to prothioconazole, EPA                           dietary exposure and risk assessments                       old. In estimating acute dietary
                                                  considered exposure under the                              are performed for a food-use pesticide,                     exposure, EPA used food consumption
                                                  petitioned-for tolerances as well as all                   if a toxicological study has indicated the                  information from the United States
                                                  existing prothioconazole tolerances in                     possibility of an effect of concern                         Department of Agriculture’s National


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                                                  78920            Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations

                                                  Health and Nutrition Examination                         5 years from the date of issuance of                  toxicity. Evidence is needed to establish
                                                  Survey, What We Eat in America,                          these tolerances.                                     that the chemicals operate by the same,
                                                  (NHANES/WWEIA; 2003–2008). As to                            2. Dietary exposure from drinking                  or essentially the same, sequence of
                                                  residue levels in food, EPA assumed                      water. The Agency used screening level                major biochemical events in mammals
                                                  tolerance-level values for the proposed                  water exposure models in the dietary                  (EPA, 2002). In the case of conazoles,
                                                  new uses and existing tolerances on                      exposure analysis and risk assessment                 however, a variable pattern of
                                                  berries and cucurbit vegetables, average                 for prothioconazole in drinking water.                toxicological responses is found. Some
                                                  field trial residues for all other                       These simulation models take into                     are hepatotoxic and hepatocarcinogenic
                                                  commodities and empirical processing                     account data on the physical, chemical,               in mice. Some induce thyroid tumors in
                                                  factors. With respect to sugar beet, the                 and fate/transport characteristics of                 rats. Some induce developmental,
                                                  registrant-proposed tolerance value of                   prothioconazole. Further information                  reproductive, and neurological effects in
                                                  0.30 was incorporated in the dietary                     regarding EPA drinking water models                   rodents. Furthermore, the conazoles
                                                  assessment, however, the Agency is                       used in pesticide exposure assessment                 produce a diverse range of biochemical
                                                  leaving the tolerance at 0.25 ppm. The                   can be found at http://www2.epa.gov/                  events including altered cholesterol
                                                  use of this higher residue level in the                  pesticide-science-and-assessing-                      levels, stress responses, and altered
                                                  dietary assessment will serve as an                      pesticide-risks/about-water-exposure-                 DNA methylation. It is not clearly
                                                  overestimate of actual exposure to                       models-used-pesticide.                                understood whether these biochemical
                                                  residues in/on sugar beet roots. 100                        Based on the Pesticide Root Zone                   events are directly connected to their
                                                  percent crop treated (PCT) was assumed                   Model/Exposure Analysis Modeling                      toxicological outcomes. Thus, there is
                                                  for all proposed and established                         System (PRZM/EXAMS) and Pesticide                     currently no evidence to indicate that
                                                  commodities.                                             Root Zone Model Ground Water (PRZM                    prothioconazole shares a common
                                                     ii. Chronic exposure. In conducting                   GW) models, the estimated drinking                    mechanism of toxicity with any other
                                                  the chronic dietary exposure assessment                  water concentrations (EDWCs) of                       conazole pesticide, and EPA is not
                                                  EPA used the food consumption data                       prothioconazole for acute exposures are               following a cumulative risk approach
                                                                                                           estimated to be 109 parts per billion                 for this tolerance action. For
                                                  from the USDA 2003–2008 NHANES/
                                                                                                           (ppb) for surface water and 132 ppb for               information regarding EPA’s procedures
                                                  WWEIA. As to residue levels in food,
                                                                                                           ground water and for chronic exposures                for cumulating effects from substances
                                                  EPA assumed tolerance-level values for
                                                                                                           are estimated to be 97 ppb for surface                found to have a common mechanism of
                                                  the proposed new uses and existing
                                                                                                           water and 128 ppb for ground water.                   toxicity, see EPA’s Web site at http://
                                                  tolerances on berries and cucurbit                          Modeled estimates of drinking water
                                                  vegetables, average field trial residues                                                                       www2.epa.gov/pesticide-science-and-
                                                                                                           concentrations were directly entered
                                                  for all other commodities and empirical                                                                        assessing-pesticide-risks/cumulative-
                                                                                                           into the dietary exposure model. For
                                                  processing factors. With respect to sugar                                                                      assessment-risk-pesticides.
                                                                                                           acute dietary risk assessment, the water
                                                  beet, the registrant-proposed tolerance                  concentration value of 132 ppb was                       Prothioconazole is a triazole-derived
                                                  value of 0.30 was incorporated in the                    used to assess the contribution to                    pesticide. This class of compounds can
                                                  dietary assessment; however, the                         drinking water. For chronic dietary risk              form the common metabolite 1,2,4-
                                                  Agency is leaving the existing tolerance                 assessment, the water concentration of                triazole and two triazole conjugates
                                                  at 0.25 ppm. The use of this higher                      value 128 ppb was used to assess the                  (triazolylalanine and triazolylacetic
                                                  residue level in the dietary assessment                  contribution to drinking water.                       acid). To support existing tolerances
                                                  will serve as an overestimate of actual                     3. From non-dietary exposure. The                  and to establish new tolerances for
                                                  exposure to residues in/on sugar beet                    term ‘‘residential exposure’’ is used in              triazole-derivative pesticides, including
                                                  roots. 100 PCT was assumed for all                       this document to refer to non-                        prothioconazole, EPA conducted a
                                                  proposed and established commodities.                    occupational, non-dietary exposure                    human health risk assessment for
                                                     iii. Cancer. Based on the data                        (e.g., for lawn and garden pest control,              exposure to 1,2,4-triazole,
                                                  summarized in Unit III.A., EPA has                       indoor pest control, termiticides, and                triazolylalanine, and triazolylacetic acid
                                                  concluded that prothioconazole does                      flea and tick control on pets).                       resulting from the use of all current and
                                                  not pose a cancer risk to humans.                        Prothioconazole is not registered for any             pending uses of any triazole-derived
                                                  Therefore, a dietary exposure                            specific use patterns that would result               fungicide. The risk assessment is a
                                                  assessment for the purpose of assessing                  in residential exposure.                              highly conservative, screening-level
                                                  cancer risk was not conducted.                              4. Cumulative effects from substances              evaluation in terms of hazards
                                                     iv. Anticipated residue and PCT                       with a common mechanism of toxicity.                  associated with common metabolites
                                                  information. Section 408(b)(2)(E) of                     Section 408(b)(2)(D)(v) of FFDCA                      (e.g., use of a maximum combination of
                                                  FFDCA authorizes EPA to use available                    requires that, when considering whether               uncertainty factors) and potential
                                                  data and information on the anticipated                  to establish, modify, or revoke a                     dietary and non-dietary exposures (i.e.,
                                                  residue levels of pesticide residues in                  tolerance, the Agency consider                        high end estimates of both dietary and
                                                  food and the actual levels of pesticide                  ‘‘available information’’ concerning the              non-dietary exposures). The Agency
                                                  residues that have been measured in                      cumulative effects of a particular                    retained a 3X for the LOAEL to NOAEL
                                                  food. If EPA relies on such information,                 pesticide’s residues and ‘‘other                      safety factor when the reproduction
                                                  EPA must require pursuant to FFDCA                       substances that have a common                         study was used. In addition, the Agency
                                                  section 408(f)(1) that data be provided 5                mechanism of toxicity.’’                              retained a 10X for the lack of studies
                                                  years after the tolerance is established,                   Prothioconazole is a member of the                 including a developmental
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  modified, or left in effect, demonstrating               triazole-containing class of pesticides.              neurotoxicity (DNT) study. The
                                                  that the levels in food are not above the                Although conazoles act similarly in                   assessment includes evaluations of risks
                                                  levels anticipated. For the present                      plants (fungi) by inhibiting ergosterol               for various subgroups, including those
                                                  action, EPA will issue such data call-ins                biosynthesis, there is not necessarily a              comprised of infants and children. The
                                                  as are required by FFDCA section                         relationship between their pesticidal                 Agency’s complete risk assessment is
                                                  408(b)(2)(E) and authorized under                        activity and their mechanism of toxicity              found in the propiconazole
                                                  FFDCA section 408(f)(1). Data will be                    in mammals. Structural similarities do                reregistration docket at http://
                                                  required to be submitted no later than                   not constitute a common mechanism of                  www.regulations.gov, Docket


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                                                                   Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations                                      78921

                                                  Identification (ID) Number EPA–HQ–                       susceptible: Offspring adverse effects                safe by comparing aggregate exposure
                                                  OPP–2005–0497.                                           were seen at levels below the LOAELs                  estimates to the acute PAD (aPAD) and
                                                     An updated dietary exposure and risk                  for maternal toxicity and, in general,                chronic PAD (cPAD). For linear cancer
                                                  analysis for the common triazole                         were of comparable or greater severity                risks, EPA calculates the lifetime
                                                  metabolites 1,2,4-triazole (T),                          compared to the effects observed in                   probability of acquiring cancer given the
                                                  triazolylalanine (TA), triazolylacetic                   adults. However, clear NOAELs are                     estimated aggregate exposure. Short-,
                                                  acid (TAA), and triazolylpyruvic acid                    established for offspring and fetal                   intermediate-, and chronic-term risks
                                                  (TP) was completed on April 9, 2015, in                  effects. The most sensitive effects                   are evaluated by comparing the
                                                  association with registration requests for               (malformed vertebral body and ribs,                   estimated aggregate food, water, and
                                                  several triazole fungicides,                             anthrogryposis, and other multiple                    residential exposure to the appropriate
                                                  propiconazole, difenoconazole, and                       malformations) seen in the fetuses of a               PODs to ensure that an adequate MOE
                                                  flutriafol. That analysis concluded that                 rabbit developmental study are                        exists.
                                                  risk estimates were below the Agency’s                   established as the toxicity endpoints                    1. Acute risk. Using the exposure
                                                  level of concern for all population                      with a POD of 2 mg/kg/day. This POD                   assumptions discussed in this unit for
                                                  groups. The proposed new uses of                         is protective all fetal and offspring                 acute exposure, the acute dietary
                                                  prothioconazole are not expected to                      effects seen in the developmental                     exposure from food and water to
                                                  significantly increase the dietary                       toxicity and developmental                            prothioconazole will occupy 40% of the
                                                  exposure estimates for free triazole or                  neurotoxicity studies.                                aPAD for females 13–49 years old, the
                                                  conjugated triazoles. This assessment                       3. Conclusion. EPA has determined                  only population group of concern.
                                                  may be found on http://                                  that reliable data show the safety of                    2. Chronic risk. Using the exposure
                                                  www.regulations.gov by searching for                     infants and children would be                         assumptions described in this unit for
                                                  the following title and docket number:                   adequately protected if the FQPA SF                   chronic exposure, EPA has concluded
                                                  ‘‘Common Triazole Metabolites:                           were reduced to 1x. That decision is                  that chronic exposure to
                                                  Updated Aggregate Human Health Risk                      based on the following findings:                      prothioconazole from food and water
                                                  Assessment to Address The New Section                       i. The toxicity database for                       will utilize 77% of the cPAD for all
                                                  3 Registrations For Use of Propiconazole                 prothioconazole is complete.                          infants less than 1 year old, the
                                                  on Tea, Dill, Mustard Greens, Radish,                       ii. No neurotoxicity was seen in acute             population group receiving the greatest
                                                  and Watercress; Use of Difenoconazole                    and subchronic neurotoxicity studies                  exposure. There are no residential uses
                                                  on Globe Artichoke, Ginseng and                          and other studies with prothioconazole                for prothioconazole.
                                                  Greenhouse Grown Cucumbers and                           or prothioconazole-desthio. Although                     3. Short- and Intermediate-term risk.
                                                  Conversion of the Established Foliar                     offspring neurotoxicity was found,                    Short- and intermediate-term aggregate
                                                  Uses/Tolerances for Stone Fruit and                      characterized by peripheral nerve                     exposure takes into account short- and
                                                  Tree Nut Crop Groups to Fruit, Stone,                    lesions in the developmental                          intermediate-term residential exposure
                                                  Group 12–12 and the Nut, Tree, Group                     neurotoxicity study on prothioconazole-               plus chronic exposure to food and water
                                                  14–12.; and Use of Flutriafol on Hops’’                  desthio, the increase was seen only in                (considered to be a background
                                                  (located in docket ID number EPA–HQ–                     the highest dose group at 105 mg/kg/                  exposure level).
                                                  OPP–2014–0788).                                          day. Further, a NOAEL was established                    Both short- and intermediate-term
                                                                                                           for the peripheral nerve lesions and all              adverse effects were identified;
                                                  D. Safety Factor for Infants and                                                                               however, prothioconazole is not
                                                                                                           of the PODs used in the risk assessment
                                                  Children                                                                                                       registered for any use patterns that
                                                                                                           were protective of this finding.
                                                    1. In general. Section 408(b)(2)(C) of                    iii. Evidence of quantitative and                  would result in either short- or
                                                  FFDCA provides that EPA shall apply                      qualitative susceptibility of offspring               intermediate-term residential exposure.
                                                  an additional tenfold (10X) margin of                    were observed in the developmental                    Short- and intermediate-term risk is
                                                  safety for infants and children in the                   studies. However, basing the POD on                   assessed based on short- and
                                                  case of threshold effects to account for                 the offspring in the most sensitive of                intermediate-term residential exposure
                                                  prenatal and postnatal toxicity and the                  these studies provides the needed                     plus chronic dietary exposure. Because
                                                  completeness of the database on toxicity                 protection of offspring.                              there is no short- or intermediate-term
                                                  and exposure unless EPA determines                          iv. There are no residual uncertainties            residential exposure and chronic dietary
                                                  based on reliable data that a different                  identified in the exposure databases.                 exposure has already been assessed
                                                  margin of safety will be safe for infants                The dietary food exposure assessments                 under the appropriately protective
                                                  and children. This additional margin of                  were performed based on 100 PCT and                   cPAD (which is at least as protective as
                                                  safety is commonly referred to as the                    EPA-recommended tolerance values for                  the POD used to assess short-term risk),
                                                  FQPA Safety Factor (SF). In applying                     all of the proposed uses and existing                 no further assessment of short- or
                                                  this provision, EPA either retains the                   tolerances on berries and cucurbit                    intermediate-term risk is necessary, and
                                                  default value of 10X, or uses a different                vegetables, average field trial residue               EPA relies on the chronic dietary risk
                                                  additional safety factor when reliable                   levels for the remaining uses, and                    assessment for evaluating short- and
                                                  data available to EPA support the choice                 empirical processing factors. EPA made                intermediate-term risk for
                                                  of a different factor.                                   conservative (protective) assumptions in              prothioconazole.
                                                    2. Prenatal and postnatal sensitivity.                 the ground and surface water modeling                    4. Aggregate cancer risk for U.S.
                                                  There are adequate data in the                           used to assess exposure to                            population. Based on the lack of
                                                  prothioconazole/prothioconazole-                         prothioconazole in drinking water.                    evidence of carcinogenicity in two
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  desthio toxicological database to                        These assessments will not                            adequate rodent carcinogenicity studies,
                                                  characterize the potential for pre-natal                 underestimate the exposure and risks                  prothioconazole is not expected to pose
                                                  or post-natal risks to infants and                       posed by prothioconazole.                             a cancer risk to humans.
                                                  children: Two-generation reproduction                                                                             5. Determination of safety. Based on
                                                  studies in rats; developmental studies in                E. Aggregate Risks and Determination of               these risk assessments, EPA concludes
                                                  rats and rabbits; and a DNT study in                     Safety                                                that there is a reasonable certainty that
                                                  rats. The effects seen in these studies                    EPA determines whether acute and                    no harm will result to the general
                                                  suggest that offspring are more                          chronic dietary pesticide exposures are               population, or to infants and children


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                                                  78922            Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations

                                                  from aggregate exposure to                               tolerance is harmonized with Canada                   Populations’’ (59 FR 7629, February 16,
                                                  prothioconazole residues, including                      instead of Codex.                                     1994).
                                                  aggregate exposure to residues of the                                                                             Since tolerances and exemptions that
                                                                                                           C. Response to Comments
                                                  common metabolites of prothioconazole                                                                          are established on the basis of a petition
                                                  and other related conazole fungicides.                      A comment was submitted by the                     under FFDCA section 408(d), such as
                                                                                                           Center for Food Safety and was                        the tolerance in this final rule, do not
                                                  IV. Other Considerations
                                                                                                           primarily concerned about EPA’s                       require the issuance of a proposed rule,
                                                  A. Analytical Enforcement Methodology                    consideration of the impacts of                       the requirements of the Regulatory
                                                     Adequate liquid chromatography with                   prothioconazole on the environment,                   Flexibility Act (RFA) (5 U.S.C. 601 et
                                                  tandem mass spectrometry (LC/MS/MS)                      pollinators, and endangered species.                  seq.), do not apply.
                                                  methods are available for enforcing                      This comment is not relevant to the
                                                                                                           Agency’s evaluation of safety of the                     This action directly regulates growers,
                                                  prothioconazole tolerances in crop and                                                                         food processors, food handlers, and food
                                                  livestock commodities.                                   prothioconazole tolerances under
                                                                                                           section 408 of the FFDCA, which                       retailers, not States or tribes, nor does
                                                     The method may be requested from:
                                                                                                           requires the Agency to evaluate the                   this action alter the relationships or
                                                  Chief, Analytical Chemistry Branch,
                                                                                                           potential harms to human health, not                  distribution of power and
                                                  Environmental Science Center, 701
                                                                                                           effects on the environment.                           responsibilities established by Congress
                                                  Mapes Rd., Ft. Meade, MD 20755–5350;
                                                                                                                                                                 in the preemption provisions of FFDCA
                                                  telephone number: (410) 305–2905;                        D. Revisions to Petitioned-For                        section 408(n)(4). As such, the Agency
                                                  email address: residuemethods@                           Tolerances                                            has determined that this action will not
                                                  epa.gov.
                                                                                                              Based on the review of the sugar beet              have a substantial direct effect on States
                                                  B. International Residue Limits                          residue data, EPA has determined that                 or tribal governments, on the
                                                     In making its tolerance decisions, EPA                increasing the existing tolerance in or               relationship between the national
                                                  seeks to harmonize U.S. tolerances with                  on beet, sugar, roots from 0.25 ppm to                government and the States or tribal
                                                  international standards whenever                         0.30 ppm is not necessary, and therefore              governments, or on the distribution of
                                                  possible, consistent with U.S. food                      the sugar beet root tolerance will remain             power and responsibilities among the
                                                  safety standards and agricultural                        at 0.25 ppm. The registrant has                       various levels of government or between
                                                  practices. EPA considers the                             indicated that they support this                      the Federal Government and Indian
                                                  international maximum residue limits                     conclusion.                                           tribes. Thus, the Agency has determined
                                                  (MRLs) established by the Codex                                                                                that Executive Order 13132, entitled
                                                                                                           V. Conclusion                                         ‘‘Federalism’’ (64 FR 43255, August 10,
                                                  Alimentarius Commission (Codex), as
                                                  required by FFDCA section 408(b)(4).                       Therefore, tolerances are established               1999) and Executive Order 13175,
                                                  The Codex Alimentarius is a joint                        for residues of prothioconazole in or on              entitled ‘‘Consultation and Coordination
                                                  United Nations Food and Agriculture                      cotton gin byproducts at 4.0 ppm and                  with Indian Tribal Governments’’ (65 FR
                                                  Organization/World Health                                the cottonseed subgroup 20C at 0.4                    67249, November 9, 2000) do not apply
                                                  Organization food standards program,                     ppm.                                                  to this action. In addition, this action
                                                  and it is recognized as an international                                                                       does not impose any enforceable duty or
                                                                                                           VI. Statutory and Executive Order                     contain any unfunded mandate as
                                                  food safety standards-setting                            Reviews
                                                  organization in trade agreements to                                                                            described under Title II of the Unfunded
                                                  which the United States is a party. EPA                     This action establishes tolerances                 Mandates Reform Act (UMRA) (2 U.S.C.
                                                  may establish a tolerance that is                        under FFDCA section 408(d) in                         1501 et seq.).
                                                  different from a Codex MRL; however,                     response to a petition submitted to the                  This action does not involve any
                                                  FFDCA section 408(b)(4) requires that                    Agency. The Office of Management and                  technical standards that would require
                                                  EPA explain the reasons for departing                    Budget (OMB) has exempted these types                 Agency consideration of voluntary
                                                  from the Codex level.                                    of actions from review under Executive                consensus standards pursuant to section
                                                     There are no Codex MRLs established                   Order 12866, entitled ‘‘Regulatory                    12(d) of the National Technology
                                                  for prothioconazole in or on cotton.                     Planning and Review’’ (58 FR 51735,                   Transfer and Advancement Act
                                                     The Codex has established MRLs for                    October 4, 1993). Because this action                 (NTTAA) (15 U.S.C. 272 note).
                                                  prothioconazole in or on sugar beet                      has been exempted from review under
                                                  roots at 0.3 ppm. This MRL is different                  Executive Order 12866, this action is                 VII. Congressional Review Act
                                                  than the tolerances established for                      not subject to Executive Order 13211,
                                                  prothioconazole in the United States.                    entitled ‘‘Actions Concerning                           Pursuant to the Congressional Review
                                                  The U.S. is keeping the tolerance                        Regulations That Significantly Affect                 Act (5 U.S.C. 801 et seq.), EPA will
                                                  previously established in or on beet,                    Energy Supply, Distribution, or Use’’ (66             submit a report containing this rule and
                                                  sugar, roots at 0.25 ppm based on an                     FR 28355, May 22, 2001) or Executive                  other required information to the U.S.
                                                  evaluation of the residue data and in                    Order 13045, entitled ‘‘Protection of                 Senate, the U.S. House of
                                                  order to remain harmonized with                          Children from Environmental Health                    Representatives, and the Comptroller
                                                  Canada. The registrant, Bayer                            Risks and Safety Risks’’ (62 FR 19885,                General of the United States prior to
                                                  CropScience, has indicated their wish is                 April 23, 1997). This action does not                 publication of the rule in the Federal
                                                  to harmonize with Canada. Bayer cited                    contain any information collections                   Register. This action is not a ‘‘major
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  data from the International Trade Macro                  subject to OMB approval under the                     rule’’ as defined by 5 U.S.C. 804(2).
                                                  Analysis Branch within the Economic                      Paperwork Reduction Act (PRA) (44                     List of Subjects in 40 CFR Part 180
                                                  Indicators Division of the U.S. Census                   U.S.C. 3501 et seq.), nor does it require
                                                  Bureau, indicating that Canada and                       any special considerations under                        Environmental protection,
                                                  Mexico are the largest trade partners for                Executive Order 12898, entitled                       Administrative practice and procedure,
                                                  U.S. exports of processed and refined                    ‘‘Federal Actions to Address                          Agricultural commodities, Pesticides
                                                  sugar beets. Therefore, it would be more                 Environmental Justice in Minority                     and pests, Reporting and recordkeeping
                                                  beneficial for U.S. growers if the U.S.                  Populations and Low-Income                            requirements.


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                                                                   Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Rules and Regulations                                              78923

                                                     Dated: November 2, 2016.                                      butyl- when used in accordance with                  idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                                  Michael Goodis,                                                  the regulations.                                     40tab_02.tpl.
                                                  Acting Director, Registration Division, Office                   DATES: This regulation is effective                  C. How can I file an objection or hearing
                                                  of Pesticide Programs.                                           November 10, 2016. Objections and                    request?
                                                    Therefore, 40 CFR chapter I is                                 requests for hearings must be received
                                                                                                                   on or before January 9, 2017, and must                 Under FFDCA section 408(g), 21
                                                  amended as follows:                                                                                                   U.S.C. 346a, any person may file an
                                                                                                                   be filed in accordance with the
                                                  PART 180—[AMENDED]                                               instructions provided in 40 CFR part                 objection to any aspect of this regulation
                                                                                                                   178 (see also Unit I.C. of the                       and may also request a hearing on those
                                                  ■ 1. The authority citation for part 180                         SUPPLEMENTARY INFORMATION).                          objections. You must file your objection
                                                  continues to read as follows:                                                                                         or request a hearing on this regulation
                                                                                                                   ADDRESSES: The docket for this action,
                                                                                                                                                                        in accordance with the instructions
                                                      Authority: 21 U.S.C. 321(q), 346a and 371.                   identified by docket identification (ID)
                                                                                                                                                                        provided in 40 CFR part 178. To ensure
                                                  ■ 2. In § 180.626, add alphabetically the                        number EPA–HQ–OPP–2015–0655, is
                                                                                                                                                                        proper receipt by EPA, you must
                                                  commodities ‘‘Cotton, gin byproducts’’                           available at http://www.regulations.gov
                                                                                                                                                                        identify docket ID number EPA–HQ–
                                                  and ‘‘Cottonseed subgroup 20C’’ to the                           or at the Office of Pesticide Programs
                                                                                                                                                                        OPP–2015–0655 in the subject line on
                                                  table in paragraph (a)(1) to read as                             Regulatory Public Docket (OPP Docket)
                                                                                                                                                                        the first page of your submission. All
                                                  follows:                                                         in the Environmental Protection Agency
                                                                                                                                                                        objections and requests for a hearing
                                                                                                                   Docket Center (EPA/DC), West William
                                                  § 180.626 Prothioconazole; tolerances for                                                                             must be in writing, and must be
                                                                                                                   Jefferson Clinton Bldg., Rm. 3334, 1301
                                                  residues.                                                                                                             received by the Hearing Clerk on or
                                                                                                                   Constitution Ave. NW., Washington, DC
                                                      (a) * * *                                                                                                         before January 9, 2017. Addresses for
                                                                                                                   20460–0001. The Public Reading Room
                                                      (1) * * *                                                                                                         mail and hand delivery of objections
                                                                                                                   is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                                                                                        and hearing requests are provided in 40
                                                                                                                   Monday through Friday, excluding legal
                                                                                                Parts per                                                               CFR 178.25(b).
                                                               Commodity                                           holidays. The telephone number for the                 In addition to filing an objection or
                                                                                                 million
                                                                                                                   Public Reading Room is (202) 566–1744,               hearing request with the Hearing Clerk
                                                                                                                   and the telephone number for the OPP                 as described in 40 CFR part 178, please
                                                     *         *        *                   *            *         Docket is (703) 305–5805. Please review              submit a copy of the filing (excluding
                                                  Cotton, gin byproducts .........                           4.0   the visitor instructions and additional              any Confidential Business Information
                                                  Cottonseed subgroup 20C ...                                0.4   information about the docket available               (CBI)) for inclusion in the public docket.
                                                                                                                   at http://www.epa.gov/dockets.                       Information not marked confidential
                                                       *           *           *            *            *         FOR FURTHER INFORMATION CONTACT:                     pursuant to 40 CFR part 2 may be
                                                                                                                   Michael Goodis, Registration Division                disclosed publicly by EPA without prior
                                                  *        *     *         *       *                               (7505P), Office of Pesticide Programs,
                                                  [FR Doc. 2016–27206 Filed 11–9–16; 8:45 am]                                                                           notice. Submit the non-CBI copy of your
                                                                                                                   Environmental Protection Agency, 1200                objection or hearing request, identified
                                                  BILLING CODE 6560–50–P
                                                                                                                   Pennsylvania Ave. NW., Washington,                   by docket ID number EPA–HQ–OPP–
                                                                                                                   DC 20460–0001; main telephone                        2015–0655, by one of the following
                                                  ENVIRONMENTAL PROTECTION                                         number: (703) 305–7090; email address:               methods:
                                                  AGENCY                                                           RDFRNotices@epa.gov.                                   • Federal eRulemaking Portal: http://
                                                                                                                   SUPPLEMENTARY INFORMATION:                           www.regulations.gov. Follow the online
                                                  40 CFR Part 180                                                  I. General Information                               instructions for submitting comments.
                                                  [EPA–HQ–OPP–2015–0655; FRL–9953–82]                                                                                   Do not submit electronically any
                                                                                                                   A. Does this action apply to me?                     information you consider to be CBI or
                                                  2-Pyrrolidinone, 1-butyl-; Exemption                                You may be potentially affected by                other information whose disclosure is
                                                  From the Requirement of a Tolerance                              this action if you are an agricultural               restricted by statute.
                                                                                                                   producer, food manufacturer, or                        • Mail: OPP Docket, Environmental
                                                  AGENCY:  Environmental Protection                                pesticide manufacturer. The following                Protection Agency Docket Center (EPA/
                                                  Agency (EPA).                                                    list of North American Industrial                    DC), (28221T), 1200 Pennsylvania Ave.
                                                  ACTION: Final rule.                                              Classification System (NAICS) codes is               NW., Washington, DC 20460–0001.
                                                                                                                   not intended to be exhaustive, but rather              • Hand Delivery: To make special
                                                  SUMMARY:    This regulation establishes an                                                                            arrangements for hand delivery or
                                                  exemption from the requirement of a                              provides a guide to help readers
                                                                                                                   determine whether this document                      delivery of boxed information, please
                                                  tolerance for residues of 2-                                                                                          follow the instructions at http://
                                                  pyrrolidinone, 1-butyl- (CAS Reg. No.                            applies to them. Potentially affected
                                                                                                                   entities may include:                                www.epa.gov/dockets/contacts.html.
                                                  3470–98–2) when used as an inert                                                                                      Additional instructions on commenting
                                                                                                                      • Crop production (NAICS code 111).
                                                  ingredient (solvent/cosolvent) in                                   • Animal production (NAICS code                   or visiting the docket, along with more
                                                  pesticide formulations applied to                                112).                                                information about dockets generally, is
                                                  growing crops only at a concentration                               • Food manufacturing (NAICS code                  available at http://www.epa.gov/
                                                  not to exceed 30% by weight under EPA                            311).                                                dockets.
                                                  regulations. SciReg. Inc. on behalf of                              • Pesticide manufacturing (NAICS
                                                  Taminco U.S., Inc. a subsidiary of                                                                                    II. Petition for Exemption
                                                                                                                   code 32532).
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                                                  Eastman Chemical Company submitted                                                                                       In the Federal Register of October 21,
                                                  a petition to EPA under the Federal                              B. How can I get electronic access to                2015 (80 FR 63731) (FRL–9935–29),
                                                  Food, Drug, and Cosmetic Act (FFDCA),                            other related information?                           EPA issued a document pursuant to
                                                  requesting the establishment of an                                 You may access a frequently updated                FFDCA section 408, 21 U.S.C. 346a,
                                                  exemption from the requirement of a                              electronic version of 40 CFR part 180                announcing the filing of a pesticide
                                                  tolerance. This rule eliminates the need                         through the Government Printing                      petition (PP IN–10854) by SciReg Inc.
                                                  to establish a maximum permissible                               Office’s e-CFR site at http://                       (12733 Director’s Loop, Woodbridge, VA
                                                  level for residues of 2-pyrrolidinone, 1-                        www.ecfr.gov/cgi-bin/text-                           22192) on behalf of Taminco U.S., Inc.


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Document Created: 2016-11-10 01:43:33
Document Modified: 2016-11-10 01:43:33
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 November 10, 2016. Objections and requests for hearings must be received on or before January 9, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactMichael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 78917 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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