Diethofencarb; Pesticide Tolerance, 68257-68261 [2015-27891]
Download as PDF
68257
Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations
TENNESSEE—1997 ANNUAL PM2.5 NAAQS
[Primary and Secondary]
Designation a
Classification
Designated area
Date 1
Chattanooga, TN-GA-AL:
Hamilton County .......................................................................................
*
*
*
Type
Attainment .....
11/4/2015
*
Date 2
........................
*
*
Type
*
a Includes
1 This
2 This
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
date is July 2, 2014, unless otherwise noted.
ENVIRONMENTAL PROTECTION
AGENCY
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
40 CFR Part 180
I. General Information
[EPA–HQ–OPP–2014–0695; FRL–9934–05]
A. Does this action apply to me?
*
*
*
*
*
[FR Doc. 2015–28009 Filed 11–3–15; 8:45 am]
BILLING CODE 6560–50–P
Diethofencarb; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of diethofencarb
in or on banana. Sumitomo Chemical
Company requested this tolerance under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective
November 4, 2015. Objections and
requests for hearings must be received
on or before January 4, 2016, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0695 is
available at https://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 https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:40 Nov 03, 2015
Jkt 238001
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the OCSPP test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’
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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2014–0695 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before January 4, 2016. 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–
2014–0695, by one of the following
methods:
• Federal eRulemaking Portal: https://
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 https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of December
17, 2014 (79 FR 75107) (FRL–9918–90),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
E:\FR\FM\04NOR1.SGM
04NOR1
68258
Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations
rmajette on DSK7SPTVN1PROD with RULES
pesticide petition (PP 4E8232) by
Sumitomo Chemical Company, LTD.,
27–1 Shinkawa 2 Chrome, Chuo-Ku,
Tokyo 104–8260, Japan. The petition
requested that 40 CFR part 180 be
amended by establishing a tolerance
without a U.S. registration for residues
of the fungicide diethofencarb in or on
banana at 0.09 parts per million (ppm).
That document referenced a summary of
the petition prepared by Sumitomo
Chemical Company, LTD, the registrant,
which is available in the docket,
https://www.regulations.gov. There were
no FFDCA-related comments received
in response to the notice of filing.
Based on available data, EPA is
establishing a tolerance at a level that is
slightly different from what was
requested. The reason for this change is
explained in Unit IV.C.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified in
FFDCA section 408(b)(2)(D), EPA has
reviewed the available scientific data
and other relevant information in
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
aggregate exposure for diethofencarb
including exposure resulting from the
tolerances established by this action.
EPA’s assessment of exposures and risks
associated with diethofencarb follows.
VerDate Sep<11>2014
13:40 Nov 03, 2015
Jkt 238001
A. Toxicological Profile
EPA has evaluated the available
toxicity data and considered its validity,
completeness, and reliability as well as
the relationship of the results of the
studies to human risk. EPA has also
considered available information
concerning the variability of the
sensitivities of major identifiable
subgroups of consumers, including
infants and children. The toxicology
database is complete for diethofencarb.
In repeated dose animal studies, the
liver was a target organ in the rat,
mouse, and dog. Increased liver
pigmentation observed histologically in
the dog, and foci of necrosis and
hepatocellular hyperplasia in the
mouse, were considered adverse and
evidence of toxicity. Other target organs
identified were the kidney
(proteinaceous cast and regenerative
epithelium), urinary bladder
(submucosal lymphoid hyperplasia) and
thyroid (follicular cell adenomas and
carcinomas) in the rat, and the nervous
system (changes in functional
observational battery parameters,
decreased motor activity, and decreased
pupillary reflex) in the rat. The
neurotoxicity in the rat, however,
occurred only at high dose levels, at or
above the limit dose, and were minimal
in severity and there was no other
evidence of neurotoxicity in the data
base; therefore, there is no concern for
neurotoxicity. There was no evidence of
immunotoxicity in the data base,
including the immunotoxicity study.
Decreased body weight and food
consumption and increased salivation
were observed in the dog. In the prenatal developmental studies in rats and
rabbits, increased abortions were
observed in the rabbit only at dose
levels near the limit dose; in the multigeneration reproduction study in rats,
decreased body weight was seen in F2
pups during lactation in the absence of
parental toxicity, raising a concern for
increased susceptibility in offspring.
However, appropriate endpoints and
points of departure were used to address
the susceptibility issue and there are no
residual pre- and/or post-natal
uncertainties for offspring. The Agency
has classified diethofencarb as
‘‘suggestive evidence of
carcinogenicity’’ based on the presence
of thyroid tumors in male and female
rats. There was no evidence of
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
carcinogenicity in male or female mice
at dose levels that were considered
adequate to assess carcinogenicity.
Additionally, there is no concern for
mutagenicity. Quantification of human
cancer risk is not required. The chronic
reference dose (RfD) will adequately
account for all chronic toxicity,
including carcinogenicity, which could
result from exposure to diethofencarb.
Specific information on the studies
received and the nature of the adverse
effects caused by diethofencarb as well
as the no-observed-adverse-effect-level
(NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the
toxicity studies can be found at https://
www.regulations.gov in document,
‘‘Human Health Risk Assessment for the
Proposed Tolerance of Diethofencarb in/
on Banana’’ at pp. 15–18 in docket ID
number EPA–HQ–OPP–2014–0695.
B. Toxicological Points of Departure/
Levels of Concern
Once a pesticide’s toxicological
profile is determined, EPA identifies
toxicological points of departure (POD)
and levels of concern to use in
evaluating the risk posed by human
exposure to the pesticide. For hazards
that have a threshold below which there
is no appreciable risk, the toxicological
POD is used as the basis for derivation
of reference values for risk assessment.
PODs are developed based on a careful
analysis of the doses in each
toxicological study to determine the
dose at which the NOAEL and the
LOAEL are identified. Uncertainty/
safety factors are used in conjunction
with the POD to calculate a safe
exposure level—generally referred to as
a population-adjusted dose (PAD) or
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 https://www.epa.gov/
pesticides/factsheets/riskassess.htm.
A summary of the toxicological
endpoints for diethofencarb used for
human risk assessment is shown in
Table 1 of this unit.
E:\FR\FM\04NOR1.SGM
04NOR1
Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations
68259
TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR DIETHOFENCARB FOR USE IN HUMAN HEALTH RISK
ASSESSMENT
Exposure/scenario
Acute Dietary (All Populations)
Chronic dietary (All populations)
Cancer (Oral, dermal, inhalation).
Point of departure
and uncertainty/safety factors
Study and
toxicological
effects
RfD, PAD, LOC for
risk assessment
A toxicity endpoint was not identified.
Toxicological effects attributable to a single exposure (dose) were not observed in oral toxicity studies.
Chronic RfD = 0.50
Chronic Toxicity, Dog.
NOAEL = 50 mg/kg/
mg/kg/day
LOAEL = 250 mg/kg/day based on decreased body weights
day.
cPAD = 0.50 mg/kg/
and emesis.
UFA = 10X
UFH = 10X
day
FQPA SF = 1X
Classification: ‘‘suggestive evidence of carcinogenicity to humans’’ based on the rat thyroid follicular cell tumors; quantification is not required.
rmajette on DSK7SPTVN1PROD with RULES
NOAEL = no observed adverse effect level. LOAEL = lowest observed adverse effect level. UF = uncertainty factor. UFA = extrapolation from
animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies). FQPA SF =
FQPA Safety Factor. RfD = Reference Dose. cPAD = chronic Population Adjusted Dose.
C. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to diethofencarb, EPA assessed
dietary exposures from diethofencarb in
food as follows:
i. Acute exposure. Quantitative acute
dietary exposure and risk assessments
are performed for a food-use pesticide,
if a toxicological study has indicated the
possibility of an effect of concern
occurring as a result of a 1-day or single
exposure.
No such effects were identified in the
toxicological studies for diethofencarb;
therefore, a quantitative acute dietary
exposure assessment is unnecessary.
ii. Chronic exposure. In conducting
the chronic dietary exposure assessment
EPA used the food consumption data
from the 2003–2008 U.S. Department of
Agriculture’s (USDA’s) National Health
and Nutrition Examination Survey,
What We Eat in America, (NHANES/
WWEIA). The assessment assumes
residues of diethofencarb are present at
tolerance levels and that 100% of
bananas are treated with diethofencarb.
iii. Cancer. Based on the data
summarized in Unit III.A., EPA has
concluded that diethofencarb was
assigned the classification ‘‘suggestive
evidence of carcinogenicity to humans’’
based on the rat thyroid tumors, but
quantification is not required.
iv. Anticipated residue and percent
crop treated (PCT) information. EPA did
not use anticipated residue and/or PCT
information in the dietary assessment
for diethofencarb. Tolerance-level
residues and 100 PCT were assumed for
all food commodities.
2. Dietary exposure from drinking
water. An assessment of residues in
drinking water is not required for this
assessment because diethofencarb is not
registered for use in the United States,
and thus, there is no exposure to
VerDate Sep<11>2014
13:40 Nov 03, 2015
Jkt 238001
diethofencarb in drinking water in the
United States.
3. From non-dietary exposure. The
term ‘‘residential exposure’’ is used in
this document to refer to nonoccupational, non-dietary exposure
(e.g., for lawn and garden pest control,
indoor pest control, termiticides, and
flea and tick control on pets).
Diethofencarb 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.’’
EPA has not found diethofencarb to
share a common mechanism of toxicity
with any other substances, and
diethofencarb does not appear to
produce a toxic metabolite produced by
other substances. For the purposes of
this tolerance action, therefore, EPA has
assumed that diethofencarb does not
have a common mechanism of toxicity
with other substances. For information
regarding EPA’s efforts to determine
which chemicals have a common
mechanism of toxicity and to evaluate
the cumulative effects of such
chemicals, see EPA’s Web site at
https://www.epa.gov/pesticides/
cumulative.
D. Safety Factor for Infants and
Children
1. In general. Section 408(b)(2)(C) of
FFDCA provides that EPA shall apply
an additional tenfold (10X) margin of
safety for infants and children in the
case of threshold effects to account for
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
prenatal and postnatal toxicity and the
completeness of the database on toxicity
and exposure unless EPA determines
based on reliable data that a different
margin of safety will be safe for infants
and children. This additional margin of
safety is commonly referred to as the
Food Quality Protection Act Safety
Factor (FQPA SF). In applying this
provision, EPA either retains the default
value of 10X, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
2. Prenatal and postnatal sensitivity.
In the rat developmental study, there
were no indications of toxicity in the
dams or fetuses up to the limit dose. An
acceptable (non-guideline) rabbit
developmental toxicity study showed
late-term abortions (considered
evidence of both maternal and fetal
toxicity) at dose levels near the limit
dose (800 milligram/kilogram/day (mg/
kg/day) and above). In the rat
reproduction study, offspring effects
(decreased pup body weight in F2 males
and females) were noted below the
parental NOAEL, indicating increased
quantitative susceptibility in offspring.
However, clear NOAELs and LOAELs
are available for all parental and
offspring effects and endpoints and
PODs are based on the effects in the
offspring.
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
diethofencarb is complete.
ii. There are no concerns for
neurotoxicity and there is no need for a
developmental neurotoxicity study or
additional uncertainty factors (UFs) to
account for neurotoxicity.
E:\FR\FM\04NOR1.SGM
04NOR1
68260
Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations
assessment for evaluating risk for
diethofencarb.
4. Aggregate cancer risk for U.S.
population. Based on the discussion in
Unit III.A., EPA has determined that
diethofencarb 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
diethofencarb residues.
E. Aggregate Risks and Determination of
Safety
rmajette on DSK7SPTVN1PROD with RULES
iii. There is evidence that
diethofencarb results in reproductive
susceptibility as shown in the multigeneration reproduction study, but the
effect is well characterized; therefore,
there is no need to retain the 10X FQPA
safety factor to account for effects on
infants and children.
iv. There are no residual uncertainties
identified in the exposure databases.
The Agency used tolerance-level
residues and 100 PCT. No drinking
water and residential exposures are
expected as there are no U.S.
registrations containing diethofencarb.
A. Analytical Enforcement Methodology
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. An acute aggregate risk
assessment takes into account acute
exposure estimates from dietary
consumption of food and drinking
water. No adverse effect resulting from
a single oral exposure was identified
and no acute dietary endpoint was
selected. Therefore, diethofencarb is not
expected to pose an acute risk.
2. Chronic risk. Using the exposure
assumptions described in this unit for
chronic exposure, EPA has concluded
that chronic exposure to diethofencarb
from food will utilize ≤ 100% of the
cPAD for the general U.S. population
and all population sub-groups. The most
highly exposed population subgroup
was children 1–2 years old with an
estimated risk of ≤ 1% cPAD. There are
no residential uses for diethofencarb.
3. Short-term and intermediate-term
risks. Short-term aggregate exposure
takes into account short-term residential
exposure plus chronic exposure to food
and water (considered to be a
background exposure level);
intermediate-term aggregate exposure
takes into account intermediate-term
residential exposure plus chronic
exposure to food and water (considered
to be a background exposure level).
Because there are no residential uses for
diethofencarb registered in the United
States, no assessment of short- or
intermediate-term risk is necessary, and
EPA relies on the chronic dietary risk
VerDate Sep<11>2014
13:40 Nov 03, 2015
Jkt 238001
IV. Other Considerations
Adequate enforcement methodology
(high-performance liquid
chromatography method with tandem
mass-spectrometry detection (HPLC/
MS/MS), PTRL West Method No.
2348W) is available to enforce the
tolerance expression.
The method may be requested from:
Chief, Analytical Chemistry Branch,
Environmental Science Center, 701
Mapes Rd., Ft. Meade, MD 20755–5350;
telephone number: (410) 305–2905;
email address: residuemethods@
epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level.
The Codex has not established a MRL
for diethofencarb.
C. Revisions to Petitioned-For
Tolerances
The requested tolerance levels differ
from those being established by EPA.
The petitioner used the Organization for
Economic Co-operation and
Development Maximum Residue Limit
(OECD MRL) methodologies and entered
12 trials. EPA determined that 2 sets of
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
trials (out of 12 total) were not
independent. As a result, EPA entered
10 values only into the calculator, and
is establishing a tolerance level slightly
higher than what was proposed.
V. Conclusion
Therefore, a tolerance is established
for residues of diethofencarb, in or on
banana at 0.10 ppm.
VI. Statutory and Executive Order
Reviews
This action establishes a tolerance
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
E:\FR\FM\04NOR1.SGM
04NOR1
Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations
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 21, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.688 to subpart C to read
as follows:
■
rmajette on DSK7SPTVN1PROD with RULES
§ 180.688
residue.
Diethofencarb; tolerance for
(a) General. (1) Tolerances are
established for residues of the fungicide
diethofencarb, including its metabolites
and degradates, in or on the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring only diethofencarb (1methylethyl N-(3,4diethoxyphenyl)carbamate).
VerDate Sep<11>2014
13:40 Nov 03, 2015
Jkt 238001
68261
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
Banana * ...............................
0.10 number: (703) 305–7090; email address:
* There is no U.S. registration for use on this RDFRNotices@epa.gov.
commodity as of November 4, 2015.
SUPPLEMENTARY INFORMATION:
(b) Section 18 emergency exemptions. I. General Information
[Reserved]
A. Does this action apply to me?
(c) Tolerances with regional
registrations. [Reserved]
You may be potentially affected by
(d) Indirect or inadvertent residues
this action if you are an agricultural
[Reserved]
producer, food manufacturer, or
pesticide manufacturer. The following
[FR Doc. 2015–27891 Filed 11–3–15; 8:45 am]
list of North American Industrial
BILLING CODE 6560–50–P
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
ENVIRONMENTAL PROTECTION
determine whether this document
AGENCY
applies to them. Potentially affected
entities may include:
40 CFR Part 180
• Crop production (NAICS code 111).
[EPA–HQ–OPP–2013–0034; FRL–9912–40]
• Animal production (NAICS code
112).
Nicosulfuron; Pesticide Tolerances
• Food manufacturing (NAICS code
311).
AGENCY: Environmental Protection
• Pesticide manufacturing (NAICS
Agency (EPA).
code 32532).
ACTION: Final rule.
Parts per
million
Commodity
This regulation establishes
tolerances for residues of nicosulfuron
in or on sorghum, grain, forage;
sorghum, grain, grain; and sorghum,
grain, stover. E.I. du Pont de Nemours
and Company requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
November 4, 2015. Objections and
requests for hearings must be received
on or before January 4, 2016, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2013–0034, is
available at https://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 https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
SUMMARY:
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2013–0034 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before January 4, 2016. 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
E:\FR\FM\04NOR1.SGM
04NOR1
Agencies
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Rules and Regulations]
[Pages 68257-68261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27891]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2014-0695; FRL-9934-05]
Diethofencarb; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes a tolerance for residues of
diethofencarb in or on banana. Sumitomo Chemical Company requested this
tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective November 4, 2015. Objections and
requests for hearings must be received on or before January 4, 2016,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0695 is available at https://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 https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number: (703) 305-7090; email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP
test guidelines referenced in this document electronically, please go
to https://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''
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-2014-0695 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
January 4, 2016. 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-2014-0695, by one of
the following methods:
Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Summary of Petitioned-For Tolerance
In the Federal Register of December 17, 2014 (79 FR 75107) (FRL-
9918-90), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a
[[Page 68258]]
pesticide petition (PP 4E8232) by Sumitomo Chemical Company, LTD., 27-1
Shinkawa 2 Chrome, Chuo-Ku, Tokyo 104-8260, Japan. The petition
requested that 40 CFR part 180 be amended by establishing a tolerance
without a U.S. registration for residues of the fungicide diethofencarb
in or on banana at 0.09 parts per million (ppm). That document
referenced a summary of the petition prepared by Sumitomo Chemical
Company, LTD, the registrant, which is available in the docket, https://www.regulations.gov. There were no FFDCA-related comments received in
response to the notice of filing.
Based on available data, EPA is establishing a tolerance at a level
that is slightly different from what was requested. The reason for this
change is explained in Unit IV.C.
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for diethofencarb including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with diethofencarb
follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. The toxicology database is complete for diethofencarb. In
repeated dose animal studies, the liver was a target organ in the rat,
mouse, and dog. Increased liver pigmentation observed histologically in
the dog, and foci of necrosis and hepatocellular hyperplasia in the
mouse, were considered adverse and evidence of toxicity. Other target
organs identified were the kidney (proteinaceous cast and regenerative
epithelium), urinary bladder (submucosal lymphoid hyperplasia) and
thyroid (follicular cell adenomas and carcinomas) in the rat, and the
nervous system (changes in functional observational battery parameters,
decreased motor activity, and decreased pupillary reflex) in the rat.
The neurotoxicity in the rat, however, occurred only at high dose
levels, at or above the limit dose, and were minimal in severity and
there was no other evidence of neurotoxicity in the data base;
therefore, there is no concern for neurotoxicity. There was no evidence
of immunotoxicity in the data base, including the immunotoxicity study.
Decreased body weight and food consumption and increased salivation
were observed in the dog. In the pre-natal developmental studies in
rats and rabbits, increased abortions were observed in the rabbit only
at dose levels near the limit dose; in the multi-generation
reproduction study in rats, decreased body weight was seen in F2 pups
during lactation in the absence of parental toxicity, raising a concern
for increased susceptibility in offspring. However, appropriate
endpoints and points of departure were used to address the
susceptibility issue and there are no residual pre- and/or post-natal
uncertainties for offspring. The Agency has classified diethofencarb as
``suggestive evidence of carcinogenicity'' based on the presence of
thyroid tumors in male and female rats. There was no evidence of
carcinogenicity in male or female mice at dose levels that were
considered adequate to assess carcinogenicity. Additionally, there is
no concern for mutagenicity. Quantification of human cancer risk is not
required. The chronic reference dose (RfD) will adequately account for
all chronic toxicity, including carcinogenicity, which could result
from exposure to diethofencarb.
Specific information on the studies received and the nature of the
adverse effects caused by diethofencarb 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 https://www.regulations.gov in document, ``Human Health Risk Assessment for the
Proposed Tolerance of Diethofencarb in/on Banana'' at pp. 15-18 in
docket ID number EPA-HQ-OPP-2014-0695.
B. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which the NOAEL and the LOAEL are identified.
Uncertainty/safety factors are used in conjunction with the POD to
calculate a safe exposure level--generally referred to as a population-
adjusted dose (PAD) or 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 https://www.epa.gov/pesticides/factsheets/riskassess.htm.
A summary of the toxicological endpoints for diethofencarb used for
human risk assessment is shown in Table 1 of this unit.
[[Page 68259]]
Table 1--Summary of Toxicological Doses and Endpoints for Diethofencarb for Use in Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
Point of departure
Exposure/scenario and uncertainty/ RfD, PAD, LOC for Study and toxicological effects
safety factors risk assessment
----------------------------------------------------------------------------------------------------------------
Acute Dietary (All Populations).. A toxicity endpoint was not identified.
Toxicological effects attributable to a single exposure (dose) were not
observed in oral toxicity studies.
Chronic dietary (All populations) NOAEL = 50 mg/kg/day Chronic RfD = 0.50 Chronic Toxicity, Dog.
UFA = 10X........... mg/kg/day LOAEL = 250 mg/kg/day based on
UFH = 10X........... cPAD = 0.50 mg/kg/ decreased body weights and
day. emesis.
FQPA SF = 1X
----------------------------------------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation) Classification: ``suggestive evidence of carcinogenicity to humans'' based on
the rat thyroid follicular cell tumors; quantification is not required.
----------------------------------------------------------------------------------------------------------------
NOAEL = no observed adverse effect level. LOAEL = lowest observed adverse effect level. UF = uncertainty factor.
UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
members of the human population (intraspecies). FQPA SF = FQPA Safety Factor. RfD = Reference Dose. cPAD =
chronic Population Adjusted Dose.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to diethofencarb, EPA assessed dietary exposures from
diethofencarb in food as follows:
i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
No such effects were identified in the toxicological studies for
diethofencarb; therefore, a quantitative acute dietary exposure
assessment is unnecessary.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the 2003-2008 U.S.
Department of Agriculture's (USDA's) National Health and Nutrition
Examination Survey, What We Eat in America, (NHANES/WWEIA). The
assessment assumes residues of diethofencarb are present at tolerance
levels and that 100% of bananas are treated with diethofencarb.
iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that diethofencarb was assigned the classification
``suggestive evidence of carcinogenicity to humans'' based on the rat
thyroid tumors, but quantification is not required.
iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use anticipated residue and/or PCT information in the
dietary assessment for diethofencarb. Tolerance-level residues and 100
PCT were assumed for all food commodities.
2. Dietary exposure from drinking water. An assessment of residues
in drinking water is not required for this assessment because
diethofencarb is not registered for use in the United States, and thus,
there is no exposure to diethofencarb in drinking water in the United
States.
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).
Diethofencarb 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.''
EPA has not found diethofencarb to share a common mechanism of
toxicity with any other substances, and diethofencarb does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
diethofencarb does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at https://www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA
either retains the default value of 10X, or uses a different additional
safety factor when reliable data available to EPA support the choice of
a different factor.
2. Prenatal and postnatal sensitivity. In the rat developmental
study, there were no indications of toxicity in the dams or fetuses up
to the limit dose. An acceptable (non-guideline) rabbit developmental
toxicity study showed late-term abortions (considered evidence of both
maternal and fetal toxicity) at dose levels near the limit dose (800
milligram/kilogram/day (mg/kg/day) and above). In the rat reproduction
study, offspring effects (decreased pup body weight in F2
males and females) were noted below the parental NOAEL, indicating
increased quantitative susceptibility in offspring. However, clear
NOAELs and LOAELs are available for all parental and offspring effects
and endpoints and PODs are based on the effects in the offspring.
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 diethofencarb is complete.
ii. There are no concerns for neurotoxicity and there is no need
for a developmental neurotoxicity study or additional uncertainty
factors (UFs) to account for neurotoxicity.
[[Page 68260]]
iii. There is evidence that diethofencarb results in reproductive
susceptibility as shown in the multi-generation reproduction study, but
the effect is well characterized; therefore, there is no need to retain
the 10X FQPA safety factor to account for effects on infants and
children.
iv. There are no residual uncertainties identified in the exposure
databases. The Agency used tolerance-level residues and 100 PCT. No
drinking water and residential exposures are expected as there are no
U.S. registrations containing diethofencarb.
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. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
diethofencarb is not expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
diethofencarb from food will utilize <= 100% of the cPAD for the
general U.S. population and all population sub-groups. The most highly
exposed population subgroup was children 1-2 years old with an
estimated risk of <= 1% cPAD. There are no residential uses for
diethofencarb.
3. Short-term and intermediate-term risks. Short-term aggregate
exposure takes into account short-term residential exposure plus
chronic exposure to food and water (considered to be a background
exposure level); intermediate-term aggregate exposure takes into
account intermediate-term residential exposure plus chronic exposure to
food and water (considered to be a background exposure level). Because
there are no residential uses for diethofencarb registered in the
United States, no assessment of short- or intermediate-term risk is
necessary, and EPA relies on the chronic dietary risk assessment for
evaluating risk for diethofencarb.
4. Aggregate cancer risk for U.S. population. Based on the
discussion in Unit III.A., EPA has determined that diethofencarb 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 diethofencarb residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (high-performance liquid
chromatography method with tandem mass-spectrometry detection (HPLC/MS/
MS), PTRL West Method No. 2348W) is available to enforce the tolerance
expression.
The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number: (410) 305-2905; email address:
residuemethods@epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established a MRL for diethofencarb.
C. Revisions to Petitioned-For Tolerances
The requested tolerance levels differ from those being established
by EPA. The petitioner used the Organization for Economic Co-operation
and Development Maximum Residue Limit (OECD MRL) methodologies and
entered 12 trials. EPA determined that 2 sets of trials (out of 12
total) were not independent. As a result, EPA entered 10 values only
into the calculator, and is establishing a tolerance level slightly
higher than what was proposed.
V. Conclusion
Therefore, a tolerance is established for residues of
diethofencarb, in or on banana at 0.10 ppm.
VI. Statutory and Executive Order Reviews
This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian
[[Page 68261]]
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 21, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Add Sec. 180.688 to subpart C to read as follows:
Sec. 180.688 Diethofencarb; tolerance for residue.
(a) General. (1) Tolerances are established for residues of the
fungicide diethofencarb, including its metabolites and degradates, in
or on the commodities in the table below. Compliance with the tolerance
levels specified below is to be determined by measuring only
diethofencarb (1-methylethyl N-(3,4-diethoxyphenyl)carbamate).
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Banana *................................................ 0.10
------------------------------------------------------------------------
* There is no U.S. registration for use on this commodity as of November
4, 2015.
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues [Reserved]
[FR Doc. 2015-27891 Filed 11-3-15; 8:45 am]
BILLING CODE 6560-50-P