83_FR_53189 83 FR 52986 - Prothioconazole; Pesticide Tolerances

83 FR 52986 - Prothioconazole; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range52986-52991
FR Document2018-22857

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

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Rules and Regulations]
[Pages 52986-52991]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22857]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0531; FRL-9984-63]


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 rapeseed subgroup 20A. Bayer CropScience 
requested these tolerances under the Federal Food, Drug, and Cosmetic 
Act (FFDCA).

DATES: This regulation is effective October 19, 2018. Objections and 
requests for hearings must be received on or before December 18, 2018, 
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-2017-0531, 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: 

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 
Publishing 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-2017-0531 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 
December 18, 2018. 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-2017-0531, 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 February 27, 2018 (83 FR 8408) (FRL-
9972-17), 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 
7F8596) by Bayer CropScience, LP2, T.W. Alexander Dr., Research 
Triangle Park, NC 27709. The petition requested that 40 CFR 180.626 be 
amended by establishing tolerances for residues of the fungicide 
prothioconazole, 2-[2-(1-chlorocylcopropyl)-3-(2-chlorophenyl)-2-
hydroxypropyl]-1,2-dihydro-3H-1,2,4-triazole-3-thione, and its desthio 
metabolite in or on rapeseed subgroup, Crop subgroup 20A at 0.15 parts 
per million (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. Comments were received on the 
notice of filing. EPA's response to these comments is discussed in Unit 
IV.C.
    Based upon review of the data supporting the petition, EPA is 
establishing the tolerance requested by the petitioner as Rapeseed 
subgroup 20A, to be consistent with the commodity terminology commonly 
used by the Agency.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the

[[Page 52987]]

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.
    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://www.epa.gov/pesticides/factsheets/riskassess.html.
    A summary of the toxicological endpoints for prothioconazole used 
for human risk assessment is discussed in Unit III.B of the final rule 
published in the Federal Register of November 10, 2016 (81 FR 78917) 
(FRL-9953-71).

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 (USDA) National 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, cucurbit vegetables, cottonseed, 
sugar beet roots, and sunflower subgroup 20B, average field trial 
residues for all other commodities, and DEEM default and empirical 
processing factors. 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 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, cucurbit vegetables, cottonseed, sugar beet roots, and 
sunflower subgroup 20B, average field trial residues for all other 
commodities, and DEEM default and empirical processing factors. 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

[[Page 52988]]

assessment for the purpose of assessing cancer risk is unnecessary.
    iv. Anticipated residue 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.
    The Agency did not use percent crop treated estimates for the 
dietary assessment.
    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), 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 conazole class of pesticides 
containing the 1,2,4-triazole moiety. 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 conclusive data to indicate that conazoles share 
common mechanisms of toxicity, and EPA is not following a cumulative 
risk approach for this the conazoles. For information regarding EPA's 
procedures for cumulating effects from substances found to have a 
common mechanism of toxicity, see EPA's website 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 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 July 18, 2017, in association with registration requests 
for the triazole fungicides difenoconazole and tetraconazole. 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; thus, the 
Agency is relying on the July 18, 2017 analysis to support its 
conclusion that the exposure to the triazole metabolite, including 
exposures from the use of prothioconazole on the commodities in 
subgroup 20A, does not present risks of concern. 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 New Section 3 
Registrations for Use of Difenoconazole and Tetraconazole.'' (located 
in docket ID number EPA-HQ-OPP-2016-0254).

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

[[Page 52989]]

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 tolerance-level residues for the proposed new uses and 
existing tolerances on berries, cucurbit vegetables, cottonseed, sugar 
beet roots, and sunflower subgroup 20B, average field trial residue 
levels for the remaining uses, and DEEM default 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 population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
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 from aggregate 
exposure to prothioconazole residues.

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.
    The Codex has established MRL for prothioconazole in or on rapeseed 
at 0.1 ppm. The MRL is different than the

[[Page 52990]]

tolerance established for prothioconazole in the United States. The 
residues of concern are not harmonized between the U.S. and Codex, 
since Codex only includes prothioconazole-desthio, whereas the U.S. 
includes prothioconazole parent as well as prothioconazole-desthio, and 
harmonization may result in tolerance exceedances from use in 
accordance with the label.

C. Response to Comments

    Two comments were submitted in response to the Notice of Filing for 
tolerance expansion. One comment (Comment A) requested that EPA deny 
this tolerance petition based on the radioactivity of prothioconazole 
and its role as a developmental toxicant. The other comment (Comment B) 
requested that EPA deny this petition based on the persistence of 
prothioconazole in the digestive system and effects on the liver, 
kidney, and thyroid.
    In response to Comment A, prothioconazole is not radioactive. In 
some studies, the prothioconazole is radio-labeled in order to track 
how the chemical moves through the body of an organism after 
consumption, but prothioconazole itself is not radioactive. Although 
evidence of quantitative and qualitative susceptibility of offspring 
was observed in the developmental studies in rats and rabbits including 
the developmental neurotoxicity study; points of departure (PODs) are 
based on the most sensitive endpoints in the fetuses of the rabbit 
developmental study; therefore, the risk assessment is protective of 
any developmental effects of this chemical.
    In response to Comment B, the effect of persistence and/or 
bioaccumulation on the toxicity of a chemical is evaluated in the 
repeated dose studies. For example, the severity of adverse effects and 
the relative dose levels at which they occur can be compared in a 
subchronic study versus a chronic study. In the case of 
prothioconazole, a comparison of the subchronic (90-day) study in the 
rat with the chronic (2-year) studies in the rat, using data on both 
the parent compound and the desthio metabolite, shows there is no basis 
for concern for potential persistence, because the PODs are not 
significantly different in the two time-periods. The same is true among 
the generations in the reproduction and fertility study where the 
subsequent generations are not shown to be more sensitive to 
prothioconazole toxicity than the first generation. The rat studies are 
referred to here because the metabolism studies which would show 
persistence and/or bioaccumulation were conducted in the rat. If a 
basis for concern were demonstrated in the toxicity database the PODs, 
which are based on the most sensitive endpoints, would be protective of 
this effect. The target organs of prothioconazole and the desthio 
metabolite include the liver, kidney, bladder, thyroid and blood. The 
risk assessment uses the most sensitive endpoints to set PODs, so the 
assessment is protective of all effects to the liver, kidney, and 
thyroid.

V. Conclusion

    Therefore, tolerances are established for residues of 
prothioconazole, 2-[2-(1-chlorocylcopropyl)-3-(2-chlorophenyl)-2-
hydroxypropyl]-1,2-dihydro-3H-1,2,4-triazole-3-thione, and its desthio 
metabolite, in or on rapeseed subgroup 20A at 0.15 ppm. In addition, 
EPA is removing the existing tolerance for ``rapeseed, seed'' as it is 
superseded by the new tolerance for subgroup 20A.

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), nor is it considered a 
regulatory action under Executive Order 13771, entitled ``Reducing 
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3, 
2017). This action does not contain any information collections subject 
to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 
et seq.), nor does it require any special considerations under 
Executive Order 12898, entitled ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: October 11, 2018.
Daniel Rosenblatt,
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:


[[Page 52991]]


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

0
2. In Sec.  180.626,
0
a. Remove the entry for ``Rapeseed, seed'' from the table in paragraph 
(a)(1).
0
b. Add alphabetically ``Rapeseed subgroup 20A'' to the table in 
paragraph (a)(1).
    The addition reads as follows:


Sec.  180.626  Prothioconazole; tolerances for residues.

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

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Rapeseed subgroup 20A.......................................        0.15
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-22857 Filed 10-18-18; 8:45 am]
 BILLING CODE 6560-50-P



                                           52986             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations

                                           List of Subjects in 40 CFR Part 52                      FOR FURTHER INFORMATION CONTACT:                      Information not marked confidential
                                             Environmental protection, Air                         Michael Goodis, Registration Division                 pursuant to 40 CFR part 2 may be
                                           pollution control, Incorporation by                     (7505P), Office of Pesticide Programs,                disclosed publicly by EPA without prior
                                           reference, Intergovernmental relations,                 Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                           Nitrogen dioxide, Particulate matter,                   Pennsylvania Ave. NW, Washington, DC                  objection or hearing request, identified
                                                                                                   20460–0001; main telephone number:                    by docket ID number EPA–HQ–OPP–
                                           Reporting and recordkeeping
                                                                                                   (703) 305–7090; email address:                        2017–0531, by one of the following
                                           requirements, Sulfur oxides, Volatile
                                                                                                   RDFRNotices@epa.gov.                                  methods:
                                           organic compounds.                                                                                              • Federal eRulemaking Portal: http://
                                                                                                   SUPPLEMENTARY INFORMATION:
                                              Authority: 42 U.S.C. 7401 et seq.                                                                          www.regulations.gov. Follow the online
                                             Dated: September 27, 2018.                            I. General Information                                instructions for submitting comments.
                                           Douglas H. Benevento,                                   A. Does this action apply to me?                      Do not submit electronically any
                                           Regional Administrator, Region 8.                                                                             information you consider to be CBI or
                                                                                                      You may be potentially affected by                 other information whose disclosure is
                                             Dated: September 27, 2018.                            this action if you are an agricultural                restricted by statute.
                                           Chris Hladick,                                          producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                           Regional Administrator, Region 10.                      pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                           [FR Doc. 2018–22284 Filed 10–18–18; 8:45 am]            list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                           BILLING CODE 6560–50–P                                  Classification System (NAICS) codes is                NW, Washington, DC 20460–0001.
                                                                                                   not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                                                                                   provides a guide to help readers                      arrangements for hand delivery or
                                           ENVIRONMENTAL PROTECTION                                determine whether this document                       delivery of boxed information, please
                                           AGENCY                                                  applies to them. Potentially affected                 follow the instructions at http://
                                                                                                   entities may include:                                 www.epa.gov/dockets/contacts.html.
                                           40 CFR Part 180                                            • Crop production (NAICS code 111).                Additional instructions on commenting
                                                                                                      • Animal production (NAICS code                    or visiting the docket, along with more
                                           [EPA–HQ–OPP–2017–0531; FRL–9984–63]                     112).                                                 information about dockets generally, is
                                                                                                      • Food manufacturing (NAICS code                   available at http://www.epa.gov/
                                           Prothioconazole; Pesticide Tolerances                   311).                                                 dockets.
                                           AGENCY:  Environmental Protection                          • Pesticide manufacturing (NAICS
                                                                                                   code 32532).                                          II. Summary of Petitioned-For
                                           Agency (EPA).
                                                                                                                                                         Tolerance
                                           ACTION: Final rule.                                     B. How can I get electronic access to
                                                                                                                                                            In the Federal Register of February
                                                                                                   other related information?
                                           SUMMARY:  This regulation establishes                                                                         27, 2018 (83 FR 8408) (FRL–9972–17),
                                           tolerances for residues of                                You may access a frequently updated                 EPA issued a document pursuant to
                                           prothioconazole in or on rapeseed                       electronic version of EPA’s tolerance                 FFDCA section 408(d)(3), 21 U.S.C.
                                           subgroup 20A. Bayer CropScience                         regulations at 40 CFR part 180 through                346a(d)(3), announcing the filing of a
                                           requested these tolerances under the                    the Government Publishing Office’s e-                 pesticide petition (PP 7F8596) by Bayer
                                           Federal Food, Drug, and Cosmetic Act                    CFR site at http://www.ecfr.gov/cgi-bin/              CropScience, LP2, T.W. Alexander Dr.,
                                           (FFDCA).                                                text-idx?&c=ecfr&tpl=/ecfrbrowse/                     Research Triangle Park, NC 27709. The
                                                                                                   Title40/40tab_02.tpl.                                 petition requested that 40 CFR 180.626
                                           DATES:  This regulation is effective
                                                                                                   C. How can I file an objection or hearing             be amended by establishing tolerances
                                           October 19, 2018. Objections and
                                                                                                   request?                                              for residues of the fungicide
                                           requests for hearings must be received
                                                                                                                                                         prothioconazole, 2-[2-(1-
                                           on or before December 18, 2018, and                       Under FFDCA section 408(g), 21                      chlorocylcopropyl)-3-(2-chlorophenyl)-
                                           must be filed in accordance with the                    U.S.C. 346a, any person may file an                   2-hydroxypropyl]-1,2-dihydro-3H–1,2,4-
                                           instructions provided in 40 CFR part                    objection to any aspect of this regulation            triazole-3-thione, and its desthio
                                           178 (see also Unit I.C. of the                          and may also request a hearing on those               metabolite in or on rapeseed subgroup,
                                           SUPPLEMENTARY INFORMATION).                             objections. You must file your objection              Crop subgroup 20A at 0.15 parts per
                                           ADDRESSES: The docket for this action,                  or request a hearing on this regulation               million (ppm). That document
                                           identified by docket identification (ID)                in accordance with the instructions                   referenced a summary of the petition
                                           number EPA–HQ–OPP–2017–0531, is                         provided in 40 CFR part 178. To ensure                prepared by Bayer CropScience, the
                                           available at http://www.regulations.gov                 proper receipt by EPA, you must                       registrant, which is available in the
                                           or at the Office of Pesticide Programs                  identify docket ID number EPA–HQ–                     docket, http://www.regulations.gov.
                                           Regulatory Public Docket (OPP Docket)                   OPP–2017–0531 in the subject line on                  Comments were received on the notice
                                           in the Environmental Protection Agency                  the first page of your submission. All                of filing. EPA’s response to these
                                           Docket Center (EPA/DC), West William                    objections and requests for a hearing                 comments is discussed in Unit IV.C.
                                           Jefferson Clinton Bldg., Rm. 3334, 1301                 must be in writing, and must be                          Based upon review of the data
                                           Constitution Ave. NW, Washington, DC                    received by the Hearing Clerk on or                   supporting the petition, EPA is
                                           20460–0001. The Public Reading Room                     before December 18, 2018. Addresses for               establishing the tolerance requested by
                                           is open from 8:30 a.m. to 4:30 p.m.,                    mail and hand delivery of objections                  the petitioner as Rapeseed subgroup
                                           Monday through Friday, excluding legal                  and hearing requests are provided in 40               20A, to be consistent with the
                                           holidays. The telephone number for the                  CFR 178.25(b).                                        commodity terminology commonly used
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                                           Public Reading Room is (202) 566–1744,                    In addition to filing an objection or               by the Agency.
                                           and the telephone number for the OPP                    hearing request with the Hearing Clerk
                                           Docket is (703) 305–5805. Please review                 as described in 40 CFR part 178, please               III. Aggregate Risk Assessment and
                                           the visitor instructions and additional                 submit a copy of the filing (excluding                Determination of Safety
                                           information about the docket available                  any Confidential Business Information                    Section 408(b)(2)(A)(i) of FFDCA
                                           at http://www.epa.gov/dockets.                          (CBI)) for inclusion in the public docket.            allows EPA to establish a tolerance (the


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                                                             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations                                         52987

                                           legal limit for a pesticide chemical                    with prothioconazole and                              complete description of the risk
                                           residue in or on a food) only if EPA                    prothioconazole-desthio suggest that                  assessment process, see http://
                                           determines that the tolerance is ‘‘safe.’’              these chemicals do not adversely affect               www.epa.gov/pesticides/factsheets/
                                           Section 408(b)(2)(A)(ii) of FFDCA                       reproductive parameters or the offspring              riskassess.html.
                                           defines ‘‘safe’’ to mean that ‘‘there is a              except at parentally toxic dose levels.                  A summary of the toxicological
                                           reasonable certainty that no harm will                  Acute and subchronic neurotoxicity                    endpoints for prothioconazole used for
                                           result from aggregate exposure to the                   studies, as well as a developmental                   human risk assessment is discussed in
                                           pesticide chemical residue, including                   neurotoxicity study, raise no                         Unit III.B of the final rule published in
                                           all anticipated dietary exposures and all               neurotoxicity concerns. Immunotoxicity                the Federal Register of November 10,
                                           other exposures for which there is                      data show that prothioconazole is not an              2016 (81 FR 78917) (FRL–9953–71).
                                           reliable information.’’ This includes                   immunotoxicant.                                       C. Exposure Assessment
                                           exposure through drinking water and in                     The available carcinogenicity and/or
                                           residential settings, but does not include              chronic studies in the mouse and rat,                    1. Dietary exposure from food and
                                           occupational exposure. Section                          using both prothioconazole and                        feed uses. In evaluating dietary
                                           408(b)(2)(C) of FFDCA requires EPA to                   prothioconazole-desthio, show no                      exposure to prothioconazole, EPA
                                           give special consideration to exposure                  increase in tumor incidence and EPA                   considered exposure under the
                                           of infants and children to the pesticide                has concluded that prothioconazole and                petitioned-for tolerances as well as all
                                           chemical residue in establishing a                      its metabolites are not carcinogenic.                 existing prothioconazole tolerances in
                                           tolerance and to ‘‘ensure that there is a                  Specific information on the studies                40 CFR 180.626. EPA assessed dietary
                                           reasonable certainty that no harm will                  received and the nature of the adverse                exposures from prothioconazole in food
                                           result to infants and children from                     effects caused by prothioconazole as                  as follows:
                                           aggregate exposure to the pesticide                     well as the no-observed-adverse-effect-                  i. Acute exposure. Quantitative acute
                                           chemical residue. . . .’’                               level (NOAEL) and the lowest-observed-                dietary exposure and risk assessments
                                              Consistent with FFDCA section                        adverse-effect-level (LOAEL) from the                 are performed for a food-use pesticide,
                                           408(b)(2)(D), and the factors specified in              toxicity studies can be found at http://              if a toxicological study has indicated the
                                           FFDCA section 408(b)(2)(D), EPA has                     www.regulations.gov in the document                   possibility of an effect of concern
                                           reviewed the available scientific data                  titled ‘‘Prothioconazole: Human Health                occurring as a result of a 1-day or single
                                           and other relevant information in                       Risk Assessment for a Proposed                        exposure.
                                           support of this action. EPA has                         Tolerance on Cottonseed Subgroup 20C,                    Such effects were identified for
                                           sufficient data to assess the hazards of,               a Tolerance Amendment on Sugar Beet                   prothioconazole for females 13–50 years
                                           and to make a determination on                          Roots, and New Use Requests for                       old. In estimating acute dietary
                                           aggregate exposure for prothioconazole                  Cotton, Sugar Beet, Soybean, and Dried                exposure, EPA used food consumption
                                           including exposure resulting from the                   Shelled Pea and Bean’’ on page 32 in                  information from the United States
                                           tolerances established by this action.                  docket ID number EPA–HQ–OPP–2015–                     Department of Agriculture (USDA)
                                           EPA’s assessment of exposures and risks                 0722.                                                 National Health and Nutrition
                                           associated with prothioconazole                                                                               Examination Survey, What We Eat in
                                                                                                   B. Toxicological Points of Departure/                 America, (NHANES/WWEIA; 2003–
                                           follows.                                                Levels of Concern                                     2008). As to residue levels in food, EPA
                                           A. Toxicological Profile                                   Once a pesticide’s toxicological                   assumed tolerance-level values for the
                                             EPA has evaluated the available                       profile is determined, EPA identifies                 proposed new uses and existing
                                           toxicity data and considered its validity,              toxicological points of departure (POD)               tolerances on berries, cucurbit
                                           completeness, and reliability as well as                and levels of concern to use in                       vegetables, cottonseed, sugar beet roots,
                                           the relationship of the results of the                  evaluating the risk posed by human                    and sunflower subgroup 20B, average
                                           studies to human risk. EPA has also                     exposure to the pesticide. For hazards                field trial residues for all other
                                           considered available information                        that have a threshold below which there               commodities, and DEEM default and
                                           concerning the variability of the                       is no appreciable risk, the toxicological             empirical processing factors. 100
                                           sensitivities of major identifiable                     POD is used as the basis for derivation               percent crop treated (PCT) was assumed
                                           subgroups of consumers, including                       of reference values for risk assessment.              for all proposed and established
                                           infants and children.                                   PODs are developed based on a careful                 commodities.
                                             Prothioconazole degrades into                         analysis of the doses in each                            ii. Chronic exposure. In conducting
                                           different compounds in different                        toxicological study to determine the                  the chronic dietary exposure assessment
                                           matrices, with prothioconazole-desthio                  dose at which no adverse effects are                  EPA used the food consumption data
                                           (desthio) being the metabolite and                      observed (the NOAEL) and the lowest                   from the USDA NHANES/WWEIA;
                                           degradate of concern. The target organs                 dose at which adverse effects of concern              2003–2008. As to residue levels in food,
                                           of prothioconazole and the desthio                      are identified (the LOAEL). Uncertainty/              EPA assumed tolerance-level values for
                                           metabolite include the liver, kidney,                   safety factors are used in conjunction                the proposed new uses and existing
                                           bladder, thyroid and blood. In addition,                with the POD to calculate a safe                      tolerances on berries, cucurbit
                                           the chronic studies showed body weight                  exposure level—generally referred to as               vegetables, cottonseed, sugar beet roots,
                                           and food consumption changes, and                       a population-adjusted dose (PAD) or a                 and sunflower subgroup 20B, average
                                           toxicity to the lymphatic and                           reference dose (RfD)—and a safe margin                field trial residues for all other
                                           gastrointestinal systems.                               of exposure (MOE). For non-threshold                  commodities, and DEEM default and
                                             Developmental studies show that                       risks, the Agency assumes that any                    empirical processing factors. 100 PCT
                                           prothioconazole and its metabolites                     amount of exposure will lead to some                  was assumed for all proposed and
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                                           produce adverse effects including                       degree of risk. Thus, the Agency                      established commodities.
                                           malformations in the conceptus at levels                estimates risk in terms of the probability               iii. Cancer. Based on the data
                                           equal to or below maternally toxic                      of an occurrence of the adverse effect                summarized in Unit III.A., EPA has
                                           levels, particularly those studies                      expected in a lifetime. For more                      concluded that prothioconazole does
                                           conducted using prothioconazole-                        information on the general principles                 not pose a cancer risk to humans.
                                           desthio. Reproduction studies in the rat                EPA uses in risk characterization and a               Therefore, a dietary exposure


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                                           52988             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations

                                           assessment for the purpose of assessing                 flea and tick control on pets).                       pending uses of any triazole-derived
                                           cancer risk is unnecessary.                             Prothioconazole is not registered for any             fungicide. The risk assessment is a
                                              iv. Anticipated residue information.                 specific use patterns that would result               highly conservative, screening-level
                                           Section 408(b)(2)(E) of FFDCA                           in residential exposure.                              evaluation in terms of hazards
                                           authorizes EPA to use available data and                   4. Cumulative effects from substances              associated with common metabolites
                                           information on the anticipated residue                  with a common mechanism of toxicity.                  (e.g., use of a maximum combination of
                                           levels of pesticide residues in food and                Section 408(b)(2)(D)(v) of FFDCA                      uncertainty factors) and potential
                                           the actual levels of pesticide residues                 requires that, when considering whether               dietary and non-dietary exposures (i.e.,
                                           that have been measured in food. If EPA                 to establish, modify, or revoke a                     high end estimates of both dietary and
                                           relies on such information, EPA must                    tolerance, the Agency consider                        non-dietary exposures). The Agency
                                           require pursuant to FFDCA section                       ‘‘available information’’ concerning the              retained a 3X for the LOAEL to NOAEL
                                           408(f)(1) that data be provided 5 years                 cumulative effects of a particular                    safety factor when the reproduction
                                           after the tolerance is established,                     pesticide’s residues and ‘‘other                      study was used. In addition, the Agency
                                           modified, or left in effect, demonstrating              substances that have a common                         retained a 10X for the lack of studies
                                           that the levels in food are not above the               mechanism of toxicity.’’                              including a developmental
                                           levels anticipated. For the present                        Prothioconazole is a member of the                 neurotoxicity (DNT) study. The
                                           action, EPA will issue such data call-ins               conazole class of pesticides containing               assessment includes evaluations of risks
                                           as are required by FFDCA section                        the 1,2,4-triazole moiety. Although                   for various subgroups, including those
                                           408(b)(2)(E) and authorized under                       conazoles act similarly in plants (fungi)             comprised of infants and children. The
                                           FFDCA section 408(f)(1). Data will be                   by inhibiting ergosterol biosynthesis,                Agency’s complete risk assessment is
                                           required to be submitted no later than                  there is not necessarily a relationship               found in the propiconazole
                                           5 years from the date of issuance of                    between their pesticidal activity and                 reregistration docket at http://
                                           these tolerances.                                       their mechanism of toxicity in                        www.regulations.gov, Docket
                                              The Agency did not use percent crop                  mammals. Structural similarities do not               Identification (ID) Number EPA–HQ–
                                           treated estimates for the dietary                       constitute a common mechanism of                      OPP–2005–0497.
                                           assessment.                                             toxicity. Evidence is needed to establish                An updated dietary exposure and risk
                                              2. Dietary exposure from drinking                    that the chemicals operate by the same,               analysis for the common triazole
                                           water. The Agency used screening level                  or essentially the same, sequence of                  metabolites 1,2,4-triazole (T),
                                           water exposure models in the dietary                    major biochemical events in mammals                   triazolylalanine (TA), triazolylacetic
                                           exposure analysis and risk assessment                   (EPA, 2002). In the case of conazoles,                acid (TAA), and triazolylpyruvic acid
                                           for prothioconazole in drinking water.                  however, a variable pattern of                        (TP) was completed on July 18, 2017, in
                                           These simulation models take into                       toxicological responses is found. Some                association with registration requests for
                                           account data on the physical, chemical,                 are hepatotoxic and hepatocarcinogenic                the triazole fungicides difenoconazole
                                           and fate/transport characteristics of                   in mice. Some induce thyroid tumors in                and tetraconazole. That analysis
                                           prothioconazole. Further information                    rats. Some induce developmental,                      concluded that risk estimates were
                                           regarding EPA drinking water models                     reproductive, and neurological effects in             below the Agency’s level of concern for
                                           used in pesticide exposure assessment                   rodents. Furthermore, the conazoles                   all population groups. The proposed
                                           can be found at http://www2.epa.gov/                    produce a diverse range of biochemical                new uses of prothioconazole are not
                                           pesticide-science-and-assessing-                        events including altered cholesterol                  expected to significantly increase the
                                           pesticide-risks/about-water-exposure-                   levels, stress responses, and altered                 dietary exposure estimates for free
                                           models-used-pesticide.                                  DNA methylation. It is not clearly                    triazole or conjugated triazoles; thus, the
                                              Based on the Pesticide Root Zone                     understood whether these biochemical                  Agency is relying on the July 18, 2017
                                           Model/Exposure Analysis Modeling                        events are directly connected to their                analysis to support its conclusion that
                                           System (PRZM/EXAMS) and Pesticide                       toxicological outcomes. Thus, there is                the exposure to the triazole metabolite,
                                           Root Zone Model Ground Water (PRZM/                     currently no conclusive data to indicate              including exposures from the use of
                                           GW), the estimated drinking water                       that conazoles share common                           prothioconazole on the commodities in
                                           concentrations (EDWCs) of                               mechanisms of toxicity, and EPA is not                subgroup 20A, does not present risks of
                                           prothioconazole for acute exposures are                 following a cumulative risk approach                  concern. This assessment may be found
                                           estimated to be 109 parts per billion                   for this the conazoles. For information               on http://www.regulations.gov by
                                           (ppb) for surface water and 132 ppb for                 regarding EPA’s procedures for                        searching for the following title and
                                           ground water and for chronic exposures                  cumulating effects from substances                    docket number: ‘‘Common Triazole
                                           are estimated to be 97 ppb for surface                  found to have a common mechanism of                   Metabolites: Updated Aggregate Human
                                           water and 128 ppb for ground water.                     toxicity, see EPA’s website at http://                Health Risk Assessment to Address New
                                              Modeled estimates of drinking water                  www2.epa.gov/pesticide-science-and-                   Section 3 Registrations for Use of
                                           concentrations were directly entered                    assessing-pesticide-risks/cumulative-                 Difenoconazole and Tetraconazole.’’
                                           into the dietary exposure model. For                    assessment-risk-pesticides.                           (located in docket ID number EPA–HQ–
                                           acute dietary risk assessment, the water                   Prothioconazole is a triazole-derived              OPP–2016–0254).
                                           concentration value of 132 ppb was                      pesticide. This class of compounds can
                                           used to assess the contribution to                      form the common metabolite 1,2,4-                     D. Safety Factor for Infants and
                                           drinking water. For chronic dietary risk                triazole and two triazole conjugates                  Children
                                           assessment, the water concentration of                  (triazolylalanine and triazolylacetic                   1. In general. Section 408(b)(2)(C) of
                                           value 128 ppb was used to assess the                    acid). To support existing tolerances                 FFDCA provides that EPA shall apply
                                           contribution to drinking water.                         and to establish new tolerances for                   an additional tenfold (10X) margin of
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                                              3. From non-dietary exposure. The                    triazole-derivative pesticides, including             safety for infants and children in the
                                           term ‘‘residential exposure’’ is used in                prothioconazole, EPA conducted a                      case of threshold effects to account for
                                           this document to refer to non-                          human health risk assessment for                      prenatal and postnatal toxicity and the
                                           occupational, non-dietary exposure                      exposure to 1,2,4-triazole,                           completeness of the database on toxicity
                                           (e.g., for lawn and garden pest control,                triazolylalanine, and triazolylacetic acid            and exposure unless EPA determines
                                           indoor pest control, termiticides, and                  resulting from the use of all current and             based on reliable data that a different


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                                                             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations                                        52989

                                           margin of safety will be safe for infants               The dietary food exposure assessments                 there is no short- or intermediate-term
                                           and children. This additional margin of                 were performed based on 100 PCT and                   residential exposure and chronic dietary
                                           safety is commonly referred to as the                   tolerance-level residues for the                      exposure has already been assessed
                                           FQPA Safety Factor (SF). In applying                    proposed new uses and existing                        under the appropriately protective
                                           this provision, EPA either retains the                  tolerances on berries, cucurbit                       cPAD (which is at least as protective as
                                           default value of 10X, or uses a different               vegetables, cottonseed, sugar beet roots,             the POD used to assess short-term risk),
                                           additional safety factor when reliable                  and sunflower subgroup 20B, average                   no further assessment of short- or
                                           data available to EPA support the choice                field trial residue levels for the                    intermediate-term risk is necessary, and
                                           of a different factor.                                  remaining uses, and DEEM default and                  EPA relies on the chronic dietary risk
                                              2. Prenatal and postnatal sensitivity.               empirical processing factors. EPA made                assessment for evaluating short- and
                                           There are adequate data in the                          conservative (protective) assumptions in              intermediate-term risk for
                                           prothioconazole/prothioconazole-                        the ground and surface water modeling                 prothioconazole.
                                           desthio toxicological database to                       used to assess exposure to                               4. Aggregate cancer risk for U.S.
                                           characterize the potential for pre-natal                prothioconazole in drinking water.                    population. Based on the lack of
                                           or post-natal risks to infants and                      These assessments will not                            evidence of carcinogenicity in two
                                           children: Two-Generation reproduction                   underestimate the exposure and risks                  adequate rodent carcinogenicity studies,
                                           studies in rats; developmental studies in               posed by prothioconazole.                             prothioconazole is not expected to pose
                                           rats and rabbits; and a DNT study in                                                                          a cancer risk to humans.
                                           rats. The effects seen in these studies                 E. Aggregate Risks and Determination of
                                                                                                   Safety                                                   5. Determination of safety. Based on
                                           suggest that offspring are more                                                                               these risk assessments, EPA concludes
                                           susceptible. Offspring adverse effects                     EPA determines whether acute and                   that there is a reasonable certainty that
                                           were seen at levels below the LOAELs                    chronic dietary pesticide exposures are               no harm will result to the general
                                           for maternal toxicity and, in general,                  safe by comparing aggregate exposure                  population, or to infants and children
                                           were of comparable or greater severity                  estimates to the acute PAD (aPAD) and                 from aggregate exposure to
                                           compared to the effects observed in                     chronic PAD (cPAD). For linear cancer                 prothioconazole residues.
                                           adults. However, clear NOAELs are                       risks, EPA calculates the lifetime
                                           established for offspring and fetal                     probability of acquiring cancer given the             IV. Other Considerations
                                           effects. The most sensitive effects                     estimated aggregate exposure. Short-,                 A. Analytical Enforcement Methodology
                                           (malformed vertebral body and ribs,                     intermediate-, and chronic-term risks
                                           anthrogryposis, and other multiple                      are evaluated by comparing the                           Adequate liquid chromatography with
                                           malformations) seen in the fetuses of a                 estimated aggregate food, water, and                  tandem mass spectrometry (LC/MS/MS)
                                           rabbit developmental study are                          residential exposure to the appropriate               methods are available for enforcing
                                           established as the toxicity endpoints                   PODs to ensure that an adequate MOE                   prothioconazole tolerances in crop and
                                           with a POD of 2 mg/kg/day. This POD                     exists.                                               livestock commodities.
                                           is protective all fetal and offspring                      1. Acute risk. Using the exposure                     The method may be requested from:
                                           effects seen in the developmental                       assumptions discussed in this unit for                Chief, Analytical Chemistry Branch,
                                           toxicity and developmental                              acute exposure, the acute dietary                     Environmental Science Center, 701
                                           neurotoxicity studies.                                  exposure from food and water to                       Mapes Rd., Ft. Meade, MD 20755–5350;
                                              3. Conclusion. EPA has determined                    prothioconazole will occupy 40% of the                telephone number: (410) 305–2905;
                                           that reliable data show the safety of                   aPAD for females 13–49 years old, the                 email address: residuemethods@
                                           infants and children would be                           population group receiving the greatest               epa.gov.
                                           adequately protected if the FQPA SF                     exposure.                                             B. International Residue Limits
                                           were reduced to 1x. That decision is                       2. Chronic risk. Using the exposure
                                           based on the following findings:                        assumptions described in this unit for                   In making its tolerance decisions, EPA
                                              i. The toxicity database for                         chronic exposure, EPA has concluded                   seeks to harmonize U.S. tolerances with
                                           prothioconazole is complete.                            that chronic exposure to                              international standards whenever
                                              ii. No neurotoxicity was seen in acute               prothioconazole from food and water                   possible, consistent with U.S. food
                                           and subchronic neurotoxicity studies                    will utilize 77% of the cPAD for all                  safety standards and agricultural
                                           and other studies with prothioconazole                  infants less than 1-year-old the                      practices. EPA considers the
                                           or prothioconazole-desthio. Although                    population group receiving the greatest               international maximum residue limits
                                           offspring neurotoxicity was found,                      exposure. There are no residential uses               (MRLs) established by the Codex
                                           characterized by peripheral nerve                       for prothioconazole.                                  Alimentarius Commission (Codex), as
                                           lesions in the developmental                               3. Short- and Intermediate-term risk.              required by FFDCA section 408(b)(4).
                                           neurotoxicity study on prothioconazole-                 Short- and intermediate-term aggregate                The Codex Alimentarius is a joint
                                           desthio, the increase was seen only in                  exposure takes into account short- and                United Nations Food and Agriculture
                                           the highest dose group at 105 mg/kg/                    intermediate-term residential exposure                Organization/World Health
                                           day. Further, a NOAEL was established                   plus chronic exposure to food and water               Organization food standards program,
                                           for the peripheral nerve lesions and all                (considered to be a background                        and it is recognized as an international
                                           of the PODs used in the risk assessment                 exposure level).                                      food safety standards-setting
                                           were protective of this finding.                           Both short- and intermediate-term                  organization in trade agreements to
                                              iii. Evidence of quantitative and                    adverse effects were identified;                      which the United States is a party. EPA
                                           qualitative susceptibility of offspring                 however, prothioconazole is not                       may establish a tolerance that is
                                           were observed in the developmental                      registered for any use patterns that                  different from a Codex MRL; however,
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                                           studies. However, basing the POD on                     would result in either short- or                      FFDCA section 408(b)(4) requires that
                                           the offspring in the most sensitive of                  intermediate-term residential exposure.               EPA explain the reasons for departing
                                           these studies provides the needed                       Short- and intermediate-term risk is                  from the Codex level.
                                           protection of offspring.                                assessed based on short- and                             The Codex has established MRL for
                                              iv. There are no residual uncertainties              intermediate-term residential exposure                prothioconazole in or on rapeseed at 0.1
                                           identified in the exposure databases.                   plus chronic dietary exposure. Because                ppm. The MRL is different than the


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                                           52990             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations

                                           tolerance established for                               rat. If a basis for concern were                      Flexibility Act (RFA) (5 U.S.C. 601 et
                                           prothioconazole in the United States.                   demonstrated in the toxicity database                 seq.), do not apply.
                                           The residues of concern are not                         the PODs, which are based on the most                    This action directly regulates growers,
                                           harmonized between the U.S. and                         sensitive endpoints, would be protective              food processors, food handlers, and food
                                           Codex, since Codex only includes                        of this effect. The target organs of                  retailers, not States or tribes, nor does
                                           prothioconazole-desthio, whereas the                    prothioconazole and the desthio                       this action alter the relationships or
                                           U.S. includes prothioconazole parent as                 metabolite include the liver, kidney,                 distribution of power and
                                           well as prothioconazole-desthio, and                    bladder, thyroid and blood. The risk                  responsibilities established by Congress
                                           harmonization may result in tolerance                   assessment uses the most sensitive                    in the preemption provisions of FFDCA
                                           exceedances from use in accordance                      endpoints to set PODs, so the                         section 408(n)(4). As such, the Agency
                                           with the label.                                         assessment is protective of all effects to            has determined that this action will not
                                                                                                   the liver, kidney, and thyroid.                       have a substantial direct effect on States
                                           C. Response to Comments                                                                                       or tribal governments, on the
                                              Two comments were submitted in                       V. Conclusion                                         relationship between the national
                                           response to the Notice of Filing for                       Therefore, tolerances are established              government and the States or tribal
                                           tolerance expansion. One comment                        for residues of prothioconazole, 2-[2-(1-             governments, or on the distribution of
                                           (Comment A) requested that EPA deny                     chlorocylcopropyl)-3-(2-chlorophenyl)-                power and responsibilities among the
                                           this tolerance petition based on the                    2-hydroxypropyl]-1,2-dihydro-3H-1,2,4-                various levels of government or between
                                           radioactivity of prothioconazole and its                triazole-3-thione, and its desthio                    the Federal Government and Indian
                                           role as a developmental toxicant. The                   metabolite, in or on rapeseed subgroup                tribes. Thus, the Agency has determined
                                           other comment (Comment B) requested                     20A at 0.15 ppm. In addition, EPA is                  that Executive Order 13132, entitled
                                           that EPA deny this petition based on the                removing the existing tolerance for                   ‘‘Federalism’’ (64 FR 43255, August 10,
                                           persistence of prothioconazole in the                   ‘‘rapeseed, seed’’ as it is superseded by             1999) and Executive Order 13175,
                                           digestive system and effects on the liver,              the new tolerance for subgroup 20A.                   entitled ‘‘Consultation and Coordination
                                           kidney, and thyroid.                                                                                          with Indian Tribal Governments’’ (65 FR
                                              In response to Comment A,                            VI. Statutory and Executive Order                     67249, November 9, 2000) do not apply
                                           prothioconazole is not radioactive. In                  Reviews                                               to this action. In addition, this action
                                           some studies, the prothioconazole is                                                                          does not impose any enforceable duty or
                                           radio-labeled in order to track how the                    This action establishes tolerances
                                                                                                   under FFDCA section 408(d) in                         contain any unfunded mandate as
                                           chemical moves through the body of an                                                                         described under Title II of the Unfunded
                                           organism after consumption, but                         response to a petition submitted to the
                                                                                                   Agency. The Office of Management and                  Mandates Reform Act (UMRA) (2 U.S.C.
                                           prothioconazole itself is not radioactive.                                                                    1501 et seq.).
                                           Although evidence of quantitative and                   Budget (OMB) has exempted these types
                                                                                                                                                            This action does not involve any
                                           qualitative susceptibility of offspring                 of actions from review under Executive
                                                                                                                                                         technical standards that would require
                                           was observed in the developmental                       Order 12866, entitled ‘‘Regulatory                    Agency consideration of voluntary
                                           studies in rats and rabbits including the               Planning and Review’’ (58 FR 51735,                   consensus standards pursuant to section
                                           developmental neurotoxicity study;                      October 4, 1993). Because this action                 12(d) of the National Technology
                                           points of departure (PODs) are based on                 has been exempted from review under                   Transfer and Advancement Act
                                           the most sensitive endpoints in the                     Executive Order 12866, this action is                 (NTTAA) (15 U.S.C. 272 note).
                                           fetuses of the rabbit developmental                     not subject to Executive Order 13211,
                                           study; therefore, the risk assessment is                entitled ‘‘Actions Concerning                         VII. Congressional Review Act
                                           protective of any developmental effects                 Regulations That Significantly Affect                   Pursuant to the Congressional Review
                                           of this chemical.                                       Energy Supply, Distribution, or Use’’ (66             Act (5 U.S.C. 801 et seq.), EPA will
                                              In response to Comment B, the effect                 FR 28355, May 22, 2001) or Executive                  submit a report containing this rule and
                                           of persistence and/or bioaccumulation                   Order 13045, entitled ‘‘Protection of                 other required information to the U.S.
                                           on the toxicity of a chemical is                        Children from Environmental Health                    Senate, the U.S. House of
                                           evaluated in the repeated dose studies.                 Risks and Safety Risks’’ (62 FR 19885,                Representatives, and the Comptroller
                                           For example, the severity of adverse                    April 23, 1997), nor is it considered a               General of the United States prior to
                                           effects and the relative dose levels at                 regulatory action under Executive Order               publication of the rule in the Federal
                                           which they occur can be compared in a                   13771, entitled ‘‘Reducing Regulations                Register. This action is not a ‘‘major
                                           subchronic study versus a chronic                       and Controlling Regulatory Costs’’ (82                rule’’ as defined by 5 U.S.C. 804(2).
                                           study. In the case of prothioconazole, a                FR 9339, February 3, 2017). This action
                                                                                                   does not contain any information                      List of Subjects in 40 CFR Part 180
                                           comparison of the subchronic (90-day)
                                           study in the rat with the chronic (2-year)              collections subject to OMB approval                     Environmental protection,
                                           studies in the rat, using data on both the              under the Paperwork Reduction Act                     Administrative practice and procedure,
                                           parent compound and the desthio                         (PRA) (44 U.S.C. 3501 et seq.), nor does              Agricultural commodities, Pesticides
                                           metabolite, shows there is no basis for                 it require any special considerations                 and pests, Reporting and recordkeeping
                                           concern for potential persistence,                      under Executive Order 12898, entitled                 requirements.
                                           because the PODs are not significantly                  ‘‘Federal Actions to Address                             Dated: October 11, 2018.
                                           different in the two time-periods. The                  Environmental Justice in Minority                     Daniel Rosenblatt,
                                           same is true among the generations in                   Populations and Low-Income                            Acting Director, Registration Division, Office
                                           the reproduction and fertility study                    Populations’’ (59 FR 7629, February 16,               of Pesticide Programs.
                                           where the subsequent generations are                    1994).
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                                                                                                                                                           Therefore, 40 CFR chapter I is
                                           not shown to be more sensitive to                          Since tolerances and exemptions that
                                                                                                                                                         amended as follows:
                                           prothioconazole toxicity than the first                 are established on the basis of a petition
                                           generation. The rat studies are referred                under FFDCA section 408(d), such as                   PART 180—[AMENDED]
                                           to here because the metabolism studies                  the tolerance in this final rule, do not
                                           which would show persistence and/or                     require the issuance of a proposed rule,              ■ 1. The authority citation for part 180
                                           bioaccumulation were conducted in the                   the requirements of the Regulatory                    continues to read as follows:


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                                                                 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations                                            52991

                                               Authority: 21 U.S.C. 321(q), 346a and 371.                  Public Reading Room is (202) 566–1744,                  In addition to filing an objection or
                                           ■ 2. In § 180.626,                                              and the telephone number for the OPP                  hearing request with the Hearing Clerk
                                           ■ a. Remove the entry for ‘‘Rapeseed,                           Docket is (703) 305–5805. Please review               as described in 40 CFR part 178, please
                                           seed’’ from the table in paragraph (a)(1).                      the visitor instructions and additional               submit a copy of the filing (excluding
                                           ■ b. Add alphabetically ‘‘Rapeseed                              information about the docket available                any Confidential Business Information
                                           subgroup 20A’’ to the table in paragraph                        at http://www.epa.gov/dockets.                        (CBI)) for inclusion in the public docket.
                                           (a)(1).                                                         FOR FURTHER INFORMATION CONTACT:                      Information not marked confidential
                                              The addition reads as follows:                               Michael Goodis, Registration Division                 pursuant to 40 CFR part 2 may be
                                                                                                           (7505P), Office of Pesticide Programs,                disclosed publicly by EPA without prior
                                           § 180.626 Prothioconazole; tolerances for                                                                             notice. Submit the non-CBI copy of your
                                           residues.                                                       Environmental Protection Agency, 1200
                                                                                                           Pennsylvania Ave. NW, Washington, DC                  objection or hearing request, identified
                                               (a) * * *                                                                                                         by docket ID number EPA–HQ–OPP–
                                               (1) * * *                                                   20460–0001; main telephone number:
                                                                                                           (703) 305–7090; email address:                        2017–0310, by one of the following
                                                                                                           RDFRNotices@epa.gov.                                  methods:
                                                                                         Parts per                                                                 • Federal eRulemaking Portal: http://
                                                        Commodity                         million          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 www.regulations.gov. Follow the online
                                                                                                           I. General Information                                instructions for submitting comments.
                                             *        *        *            *                     *                                                              Do not submit electronically any
                                                                                                           A. Does this action apply to me?                      information you consider to be CBI or
                                           Rapeseed subgroup 20A ............                     0.15
                                                                                                              You may be potentially affected by                 other information whose disclosure is
                                                *           *           *            *            *        this action if you are an agricultural                restricted by statute.
                                                                                                           producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                           *        *    *          *       *                              pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                           [FR Doc. 2018–22857 Filed 10–18–18; 8:45 am]                    list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                           BILLING CODE 6560–50–P                                          Classification System (NAICS) codes is                NW, Washington, DC 20460–0001.
                                                                                                           not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                                                                                           provides a guide to help readers                      arrangements for hand delivery or
                                           ENVIRONMENTAL PROTECTION                                        determine whether this document                       delivery of boxed information, please
                                           AGENCY                                                          applies to them. Potentially affected                 follow the instructions at http://
                                                                                                           entities may include:                                 www.epa.gov/dockets/contacts.html.
                                           40 CFR Part 180                                                    • Crop production (NAICS code 111).                  Additional instructions on
                                           [EPA–HQ–OPP–2017–0310; FRL–9979–17]                                • Animal production (NAICS code                    commenting or visiting the docket,
                                                                                                           112).                                                 along with more information about
                                           Boscalid; Pesticide Tolerances                                     • Food manufacturing (NAICS code                   dockets generally, is available at http://
                                                                                                           311).                                                 www.epa.gov/dockets.
                                           AGENCY:  Environmental Protection
                                                                                                              • Pesticide manufacturing (NAICS                   II. Summary of Petitioned-For
                                           Agency (EPA).
                                                                                                           code 32532).                                          Tolerance
                                           ACTION: Final rule.
                                                                                                           B. How can I get electronic access to                    In the Federal Register of October 23,
                                           SUMMARY:   This regulation establishes                          other related information?                            2017 (82 FR 49020) (FRL–9967–37),
                                           tolerances for residues of boscalid in or                                                                             EPA issued a document pursuant to
                                                                                                              You may access a frequently updated
                                           on multiple commodities which are                                                                                     FFDCA section 408(d)(3), 21 U.S.C.
                                                                                                           electronic version of EPA’s tolerance
                                           identified and discussed later in this                                                                                346a(d)(3), announcing the filing of a
                                                                                                           regulations at 40 CFR part 180 through
                                           document. Interregional Research                                                                                      pesticide petition (PP 7E8564) by IR–4,
                                                                                                           the Government Printing Office’s e-CFR
                                           Project Number 4 (IR–4) requested these                                                                               Rutgers, The State University of New
                                                                                                           site at http://www.ecfr.gov/cgi-bin/text-
                                           tolerances under the Federal Food,                                                                                    Jersey, 500 College Road East, Suite 201
                                                                                                           idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                           Drug, and Cosmetic Act (FFDCA).                                                                                       W, Princeton, NJ 08540. The petition
                                                                                                           40tab_02.tpl.
                                           DATES: This regulation is effective                                                                                   requested that 40 CFR 180.589 be
                                           October 19, 2018. Objections and                                C. How can I file an objection or hearing             amended by establishing tolerances for
                                           requests for hearings must be received                          request?                                              residues of the fungicide boscalid, 3-
                                           on or before December 18, 2018, and                               Under FFDCA section 408(g), 21                      pyridinecarboxamide, 2-chloro-N-(4′-
                                           must be filed in accordance with the                            U.S.C. 346a, any person may file an                   chloro[1,1′-biphenyl]-2-yl) in or on
                                           instructions provided in 40 CFR part                            objection to any aspect of this regulation            Brassica leafy greens subgroup 4–16B at
                                           178 (see also Unit I.C. of the                                  and may also request a hearing on those               50 parts per million; celtuce at 45 ppm;
                                           SUPPLEMENTARY INFORMATION).                                     objections. You must file your objection              Florence, fennel at 45 ppm; kohlrabi at
                                           ADDRESSES: The docket for this action,                          or request a hearing on this regulation               6 ppm; leaf petiole vegetable subgroup
                                           identified by docket identification (ID)                        in accordance with the instructions                   22B at 45 ppm; leafy greens subgroup 4–
                                           number EPA–HQ–OPP–2017–0310, is                                 provided in 40 CFR part 178. To ensure                16A at 70 ppm; pea and bean, dried
                                           available at http://www.regulations.gov                         proper receipt by EPA, you must                       shelled, except soybean, subgroup 6C at
                                           or at the Office of Pesticide Programs                          identify docket ID number EPA–HQ–                     2.5 ppm; pea and bean, succulent
                                           Regulatory Public Docket (OPP Docket)                           OPP–2017–0310 in the subject line on                  shelled, subgroup 6B at 0.6 ppm;
                                           in the Environmental Protection Agency                          the first page of your submission. All                vegetable, Brassica head and stem group
                                           Docket Center (EPA/DC), West William                            objections and requests for a hearing                 5–16 at 6 ppm; vegetable, cucurbit
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                                           Jefferson Clinton Bldg., Rm. 3334, 1301                         must be in writing, and must be                       group 9 at 3 ppm; and vegetable root,
                                           Constitution Ave. NW, Washington, DC                            received by the Hearing Clerk on or                   except sugar beet, subgroup 1B at 2.0
                                           20460–0001. The Public Reading Room                             before December 18, 2018. Addresses for               ppm. The petition also requested the
                                           is open from 8:30 a.m. to 4:30 p.m.,                            mail and hand delivery of objections                  removal of the established tolerances of
                                           Monday through Friday, excluding legal                          and hearing requests are provided in 40               boscalid in or on Brassica, head and
                                           holidays. The telephone number for the                          CFR 178.25(b).                                        stem, subgroup 5A at 3.0 ppm, Brassica,


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Document Created: 2018-10-19 01:25:12
Document Modified: 2018-10-19 01:25:12
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 October 19, 2018. Objections and requests for hearings must be received on or before December 18, 2018, 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 Citation83 FR 52986 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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