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[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Rules and Regulations]
[Pages 11760-11766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03758]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0065; FRL-9378-1]

3-decen-2-one; Exemption from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of the biochemical pesticide, 3-decen-2-
one, in or on potatoes when applied as a postharvest potato sprout 
inhibitor and used in accordance with label directions and good 
agricultural practices. On behalf of AMVAC Chemical Corporation 
(AMVAC), Technology Sciences Group, Inc. (TSG) submitted a petition to 
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting 
an exemption from the requirement of a tolerance. This regulation 
eliminates the need to establish a maximum permissible level for 
residues of 3-decen-2-one under the FFDCA.

DATES: This regulation is effective February 20, 2013. Objections and 
requests for hearings must be received on or before April 22, 2013, 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-2010-0065, 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), EPA West 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: Colin G. Walsh, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0298; email 
address: walsh.colin@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP test guidelines referenced in this document 
electronically, please go to http://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(g), 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-2010-0065 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 
April 22, 2013. 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-2010-0065, 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.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at  http://www.epa.gov/dockets.

[[Page 11761]]

II. Background and Statutory Findings

    In the Federal Register of March 10, 2010 (75 FR 11171) (FRL-8810-
8), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance 
petition (PP 9F7670) by TSG, 1150 18th Street NW., Suite 1000, 
Washington, DC 20036, on behalf of AMVAC, 4695 MacArthur Court, Suite 
1250, Newport Beach, CA 90660. The petition requested that 40 CFR part 
180 be amended by establishing an exemption from the requirement of a 
tolerance for residues of 3-decen-2-one. This notice referenced a 
summary of the petition prepared by the petitioner, TSG (on behalf of 
AMVAC), which is available in the docket via http://www.regulations.gov. Comments were received on the notice of filing. 
EPA's response to these comments is discussed in Unit VII.C.
    During the initial review of the petition, EPA determined that the 
data and/or information submitted was insufficient to support the use 
of the active ingredient, 3-decen-2-one, in or on all food commodities. 
The petitioner submitted additional data and filed a revised petition 
(PP 9F7670), proposing to establish an exemption from the requirement 
of a tolerance for residues of 3-decen-2-one in or on stored potatoes 
only. A Notice of Filing, allowing for a 30-day comment period, was 
published in the Federal Register of March 14, 2012 (77 FR 15012) (FRL-
9335-9). No comments were received following this publication.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the exemption is ``safe.'' Section 408(c)(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. Pursuant to FFDCA section 408(c)(2)(B), in 
establishing or maintaining in effect an exemption from the requirement 
of a tolerance, EPA must take into account the factors set forth in 
FFDCA section 408(b)(2)(C), which require EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance exemption 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. * * *'' Additionally, FFDCA section 408(b)(2)(D) requires that 
EPA consider ``available information concerning the cumulative effects 
of [a particular pesticide's] * * * residues and other substances that 
have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. First, EPA determines the 
toxicity of pesticides. Second, EPA examines exposure to the pesticide 
through food, drinking water, and through other exposures that occur as 
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), EPA reviewed the 
available scientific data and other relevant information in support of 
this action and considered its validity, completeness and reliability, 
and the relationship of this information to human risk. EPA also 
considered available information concerning the variability of the 
sensitivities of major identifiable subgroups of consumers, including 
infants and children.

A. Overview

    3-decen-2-one is a naturally occurring biochemical substance, as 
defined in 40 CFR 158.2000(a)(1), with a history of unremarkable human 
exposure. 3-decen-2-one functions as a plant growth regulator, 
affecting plant growth by increasing tuber respiration. Data on file 
indicate that 3-decen-2-one interferes with membrane integrity, which 
results in increased oxidative stress, desiccation, and rapid necrosis 
of the meristems and surrounding sprout tissues. Thus, 3-decen-2-one 
inhibits sprouting with no observed effects on the potato, potato 
sweetening, or processing quality. Based on this information, EPA 
considers the mode of action to be non-toxic (Ref. 1).
    3-decen-2-one is approved by the U.S. Food and Drug Administration 
(FDA) as a synthetic flavoring agent and adjuvant that may be directly 
added to food (21 CFR 172.515). A report by an independent panel of 
experts retained by the Flavor and Extract Manufacturer's Association 
(FEMA) states 3-decen-2-one is considered safe for its intended use 
when added at an average maximum level of 19 ppm in baked goods, 7.8 
ppm in soft candy, 5.8 ppm in frozen dairy products, 4.8 ppm in 
gelatins and puddings, 4.3 ppm in non-alcoholic beverages, and 4.0 ppm 
in alcoholic beverages (Oser & Ford, 1978) (Ref. 2).
    3-decen-2-one has been well characterized and studied with respect 
to its metabolism and, more importantly, its natural occurrence in many 
foods that are common in the human diet including yogurt, skipjack 
tuna, edible porcini mushrooms and Iberian ham (Ref. 2). Additionally, 
the Joint FAO/WHO Expert Committee on Food Additives (JECFA) has 
reported that 3-decen-2-one, a structural class II flavoring agent, is 
one in a group of compounds that have been identified in fruits, 
vegetables, spices, cocoa, coffee and tea. JECFA concluded that there 
are no safety concerns at current intake levels when 3-decen-2-one is 
used as a flavoring agent (Ref. 2).
    As stated previously in this unit, 3-decen-2-one is a substance 
that exhibits a non-toxic mode of action. In humans, this substance 
readily metabolizes into innocuous compounds (Ref. 1). Based on 
information submitted in support of this petition (summarized in Unit 
III.B.) and the comprehensive risk assessment conducted by the Agency, 
EPA concludes that there is a reasonable certainty of no harm from 
aggregate exposures to 3-decen-2-one, including the consumption of 
potatoes treated with this active ingredient in accordance with label 
directions and good agricultural practices. EPA has made this 
determination for the following reasons:
    1. Available toxicology data and information indicate that the 
active ingredient is of low acute toxicity (with the exception that it 
is an eye and skin irritant) and is not a developmental toxicant, a 
mutagen, or toxic via repeat oral exposure;
    2. Available information from the scientific literature indicate 
humans are already exposed to 3-decen-2-one in the diet from foods that 
naturally contain the chemical and from foods to which the chemical has 
been added as a food additive at levels higher than what will occur 
from pesticide use;
    3. Metabolism data and information on the chemical indicate that it 
is metabolized into innocuous substances in humans that present no 
toxicological or dietary concern; and
    4. Deterministic exposure analyses suggest that dietary exposure to 
the chemical as a pesticide is likely to be less than dietary exposure 
to the chemical as a food additive, thus as a natural constituent in 
foods, the pesticidal use of 3-decen-2-one is not likely to result in a 
significant increase in overall dietary exposure (Ref. 2).

[[Page 11762]]

B. Toxicity

    The following is a summary of EPA's review of the toxicity profile 
of this biochemical.
    1. Acute toxicity (OCSPP Guideline Nos. 870.1100, 870.1200, 
870.1300, 870.2400, 870.2500, and 870.2600; Master Record 
Identification (MRID) Nos. 47942609, 47942610, 47942611, 47942612, 
47942613, and 47942614). The petitioner submitted acute toxicity 
studies conducted on the technical grade material to EPA. Results of 
the acute toxicity testing indicate that 3-decen-2-one is of low acute 
toxicity with the exception that the substance is an eye and skin 
irritant. Acute oral toxicity (rat): LD50 > 5,000mg/kg; 
Acute dermal toxicity (rat): LD50 > 5,000mg/kg; Acute 
inhalation toxicity (rat): LC50 = 0.52-2.04 mg/L (male) and 
LC50 > 2.04 mg/L (female); Primary eye irritation (rabbit): 
moderately irritating; Primary dermal irritation (rabbit): Severely 
irritating; Dermal sensitization (guinea pig): not a dermal sensitizer 
(Ref. 3).
    2. 90-day oral toxicity (OCSPP Guideline No. 870.3100; MRID Nos. 
47942617 and 48422301). A subchronic 90-day oral toxicity study on the 
technical grade material was not conducted. In lieu of the study, EPA 
used a weight-of-the-evidence (WOE) approach to estimate the likelihood 
of potential of toxicity from repeat oral exposure to this substance 
(Ref. 2). EPA considered the following evidence:
    i. Lack of toxicological endpoints;
    ii. Metabolic pathways;
    iii. Lack of incidents associated with naturally occurring levels 
of 3-decen-2-one in foods; and
    iv. FDA's approval of this biochemical as a direct food additive.
    First, using an expert system computer program (DEREK Nexus), EPA 
identified two potential toxicological endpoints for 3-decen-2-one 
(potential dermal sensitization and in vitro chromosome damage); 
however, follow-up studies did not support these as toxicological 
endpoints. Second, the metabolic pathways of 3-decen-2-one have been 
characterized and demonstrate that the biochemical is metabolized into 
innocuous compounds that are either excreted or further metabolized in 
the fatty acid pathway or citric acid cycle. Third, 3-decen-2-one 
occurs naturally in some foods and has been used as a food additive 
without specific reports of adverse effects. Finally, as noted in this 
unit, FDA has approved the use of 3-decen-2-one as a synthetic 
flavoring agent and adjuvant that may be directly added to food. Based 
on this evidence, EPA concludes that 3-decen-2-one has relatively low 
toxicity.
    3. Prenatal developmental toxicity (OCSPP Guideline No. 870.3700; 
MRID No. 48970303). An acceptable prenatal developmental toxicity study 
was submitted. In the study, Crl:CD Sprague-Dawley rats were 
administered doses of AMV-1018 (99.81% purity 3-decen-2-one) by gavage 
at 0, 100, 300 or 1,000 mg/kg/day from day 6 to day 19 of gestation. 
Each treatment group consisted of 24 female rats:
    i. The control group which received corn oil and
    ii. The test substance vehicle group.
    No maternal deaths or clinical signs related to treatment were 
observed in the study. Salivation was observed in all animals in the 
intermediate- and high-dose groups during the treatment period. Chin 
rubbing, which is associated with salivation, was observed in some 
animals in the high-dose group. These observations were considered to 
be attributable to the palatability of the test substance and not 
toxicologically significant. Bodyweight gain in the low- and 
intermediate-dose groups was not affected by treatment. When compared 
to the control group, overall mean bodyweight gain in the high-dose 
group was slightly low during gestation, which was associated with 
slightly lower food consumption in the high-dose group. The bodyweight 
gain effect is considered to be attributable to the palatability of the 
test substance and not toxicologically significant. Food consumption in 
the low- and intermediate-dose groups was unaffected by treatment. 
Gravid uterine weights were not affected by treatment in any group. 
There were no maternal treatment-related macroscopic effects. All 
females in each test group were pregnant. Mean corpora lutea, 
implantations, early, late and total resorption counts, live young, sex 
ratio, pre- and post-implantation loss, litter weight, placental 
weight, male and female fetal weight and overall fetal weight were all 
considered to be unaffected by treatment at all doses. In all dose 
groups, no relationship to treatment was observed in the incidence of 
major and minor fetal abnormalities and skeletal variants. There was a 
slight increase in the percentage of incidences of fetuses with 13/14 
and 14/14 ribs in all dose groups when compared to the control group, 
but the incidences were similar to historical control data, and in the 
absence of other related findings in the study, the observations were 
not considered to be treatment related. Based on the lack of systemic 
maternal and fetal toxicity, the no-observed-adverse-effect-level 
(NOAEL) for maternal and fetal (developmental) toxicity is 1,000 mg/kg/
day (Ref. 2).
    4. Mutagenicity (OCSPP Guideline Nos. 870.5100, 870.5300, and 
870.5395; MRID Nos. 47942616, 47942615, and 48412402). Three 
mutagenicity studies were submitted. In a reverse mutation assay, AMV-
1018, containing 98% of the active ingredient 3-decen-2-one, was 
investigated for its potential to induce gene mutations via a plate 
incorporation test and a pre-incubation test. Each experiment was 
conducted with five tester strains of Salmonella typhimurium, six 
different test substance concentrations (0.0316, 0.100, 0.316, 1.0, 2.5 
and 5.0 [mu]L/plate, and control scenario), and with and without 
metabolic activation. According to the results of this study, no 
biologically relevant increases in revertant colony numbers of any of 
the five tester strains were observed following treatment with AMV-1018 
at any concentration level, neither in the presence or absence of 
metabolic activation, in either experiment. In the pre-incubation 
experiments, cytotoxicity was noted in all five tester strains at a 
dose concentration of 5.0 [micro]L/plate without metabolic activation 
and in tester strain TA 102 at a dose concentration of 5.0 [micro]L/
plate with metabolic activation. The reference mutagens employed in the 
control scenarios induced a distinct increase in revertant colonies, 
indicating the validity of the experiments. Therefore, the test 
substance is considered to be non-mutagenic in this bacterial reverse 
mutation assay (Ref. 3).
    In a mammalian cell gene mutation assay, mouse lymphoma cells 
cultured in vitro were exposed to AMV-1018 (3-decen-2-one; 98.57% 
active ingredient) in dimethyl sulfoxide (DMSO) at the various 
concentrations for 4 and 24 hours with and without metabolic 
activation. The S9 fraction (for metabolic activation) was derived from 
the livers of male Wistar rats induced with phenobarbital (80 mg/kg bw) 
and [beta]-Naphthoflavone (100 mg/kg bw). The solvent DMSO served as a 
negative control in the presence and absence of S9. 
Benzo([alpha])pyrene (BP) served as a positive control in the presence 
of S9. Ethylmethanesulfonate (EMS) and methylmethanesulfonate (MMS) 
served as positive controls in the absence of S9. Selection of test 
substance concentrations were based on a pre-experiment for 
cytotoxicity. No precipitation of the test substance was noted in the 
experiments. Growth inhibition was noted in all experiments (+/- S9), 
with marked cytotoxicity seen in several cases (one incident less than 
10%, several less than 20%). The pH values for the highest 
concentrations

[[Page 11763]]

tested were within the physiological range. The osmolality for the 
solvent controls as well as for the highest test concentrations was 
found to be 465 mosmol/kg. Thus, the osmolality was above the 
physiological range. Test substance was positive for mutagenicity in 
the 24 hour exposure without metabolic activation and equivocal results 
with metabolic activation. The mouse lymphoma results are considered 
equivocal because it is not clear whether the positive results would 
translate into an in vivo system based on the increased osmotic 
pressure and marked cytotoxicity noted during the experiment (Ref. 3).
    A Tier II in vivo mammalian erythrocyte micronucleus test guideline 
study was submitted due to the equivocal results found in the mouse 
lymphoma assay. The test substance for the study was AMV-1018, 
containing 98.0% 3-decen-2-one. The test substance was prepared with 
cottonseed oil and the volume administered intraperitoneal to the 5 
male and 5 female mice was 10 mL/kg bw. A range finding study was 
performed prior to the experiment to determine the maximum tolerable 
dose (MTD). The MTD was determined to be 50%/kg bw, which is equivalent 
to an application of 10 mL/kg bw of 5% v/v test item solution. The 
three dose levels used in the experiment were 1 MTD, 0.5 MTD, and 0.2 
MTD, which is equivalent to 50%/kg bw, 25%/kg bw, and 10%/kg bw, 
respectively. The animals treated with a dose of 0.2 MTD showed no 
signs of systemic toxicity after treatment, whereas the animals at 1 
MTD and 0.5 MTD showed signs of toxicity including reduction of 
spontaneous activity, prone position, clonic convulsion, ataxia, 
constricted abdomen, piloerection, half eyelid closure, diarrhea, 
cramps, and loss of weight. Peripheral blood samples were taken at 44 
and 68 hours after a single application of the test item solution for 
micronuclei analysis. All mean values of micronuclei were within range 
or decreased compared to the corresponding negative control in all dose 
groups. The positive control used cyclophosphamide (40 mg/kg bw), which 
showed significant increase in micronucleus frequency and was used to 
validate the assay. A nonparametric Mann-Whitney Test was performed and 
showed no statistically significant increase (por is used as a 
flavoring agent in many foods that are commonly consumed by humans. 
When 3-decen-2-one is applied as a potato sprout inhibitor and used in 
accordance with good agricultural practices and label directions, the 
aforementioned dietary exposure is not likely to be substantially 
increased.
    A deterministic quantitative evaluation of potential dietary 
exposure to children (1 to 2 years) from consumption of pesticide-
treated potatoes was conducted and compared to estimated dietary 
exposure to 3-decen-2-one as a natural constituent of food and as a 
food additive. Based on the results of the analysis, EPA has concluded 
that dietary exposure to residues of 3-decen-2-one when used as a 
pesticide will be considerably less than dietary exposure to the 
chemical as a naturally occurring constituent in food and/or as a food 
additive. This conclusion is supported by data obtained from the 
residue study specifically on baked potatoes, which demonstrated that 
residues of 3-decen-2-one decline over time and are reduced when 
potatoes are cooked (Ref. 2).
    Based on the information in this unit, which includes an estimation 
of potential dietary exposure to 3-decen-2-one from the consumption of 
treated potatoes, the Agency concludes that there is a reasonable 
certainty that no harm will result to the U.S. population, including 
infants and children, from dietary exposure to the pesticidal residues 
of 3-decen-2-one in food.
    2. Drinking water exposure. Based on the proposed use pattern of 
the active ingredient as a potato sprout inhibitor used in indoor 
settings, residues in drinking water are not anticipated if products 
are used according to good agricultural practices and label 
instructions. Products containing the active ingredient will be used in 
indoor commercial settings only; therefore, 3-decen-2-one residues in 
drinking water are highly unlikely. In the unlikely event that exposure 
via drinking water does occur, the health risk would be expected to be 
minimal based on the low acute oral toxicity of 3-decen-2-one.

B. Other Non-Occupational Exposure

    Non-occupational exposure is not expected from the postharvest use 
of 3-decen-2-one on stored potatoes via a closed system. Any exposure 
is expected to be occupational in nature.

V. 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 exemption, EPA 
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 3-decen-2-one to share a common mechanism of 
toxicity with any other substances, and 3-decen-2-one does not appear 
to produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 3-
decen-2-one does not have a common mechanism of toxicity with other 
substances. For information regarding EPA's efforts to determine 
chemicals that have a common mechanism of toxicity and to evaluate the 
cumulative effects of such chemicals, see EPA's Web site at  http://www.epa.gov/pesticides/cumulative.

VI. Determination of Safety for U.S. Population, Infants and Children

    FFDCA section 408(b)(2)(C) provides that, in considering the 
establishment of a tolerance or tolerance exemption for a pesticide 
chemical residue, EPA shall assess the available information about 
consumption patterns among infants and children, special susceptibility 
of infants and children to pesticide chemical residues, and the 
cumulative effects on infants and children of the residues and other 
substances with a common mechanism of toxicity. In addition, FFDCA 
section 408(b)(2)(C) provides that EPA shall apply an

[[Page 11764]]

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 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. In 
applying this provision, EPA either retains the default value of 10X, 
or uses a different additional or no safety factor when reliable data 
are available to support a different additional or no safety factor.
    Because there are no threshold effects associated with this 
biochemical, an additional margin of safety for infants and children is 
not necessary.
    EPA has determined that there are no foreseeable dietary risks to 
the U.S. population, including infants and children, from the use of 3-
decen-2-one as a pesticide on stored potatoes when label instructions 
and good agricultural practices are followed. The available data and 
information indicate that the chemical:
    1. Is of low toxicity and is not a developmental toxicant;
    2. Naturally occurs in the human diet;
    3. Has been approved by FDA for use in foods as a food additive 
without limitation; and
    4. Is metabolized into innocuous substances.
    Additionally, basic exposure analyses that were specifically 
conducted for children aged 1-2 years suggest that dietary exposure 
from ingestion of the chemical as a pesticide is likely to be less than 
dietary exposure from ingestion of the chemical as a food additive and/
or as a constituent that naturally occurs in foods (Ref. 2). When 
compared to the amount of 3-decen-2-one that is likely already consumed 
in the human diet, dietary exposure from pesticidal use is not 
anticipated to significantly increase overall dietary exposure of 
infants and children.
    Therefore, EPA concludes that there is a reasonable certainty that 
no harm will result to the U.S. population, including infants and 
children, from aggregate exposure to the residues of 3-decen-2-one when 
it is used as labeled and in accordance with good agricultural 
practices. Such exposure includes all anticipated dietary exposures and 
all other exposures for which there is reliable information. EPA has 
arrived at this conclusion because the data and information available 
on 3-decen-2-one do not demonstrate significant toxic potential to 
mammals, including infants and children.

VII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes for 
the reasons stated in Unit VI. and because EPA is establishing an 
exemption from the requirement of a tolerance without any numerical 
limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. In this 
context, 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 3-decen-2-one.

C. Response to Comments

    In response to a Notice of Filing that published in the Federal 
Register of March 10, 2010, EPA received a comment from Michael J. Keim 
(Keim Aerosol Technologies) in docket ID number EPA-HQ-OPP-2010-0065. 
Mr. Keim believes that EPA has not been adequately informed [by the 
petitioner] with respect to the use of chemicals for the postharvest 
treatment of stored potatoes and that such use poses a risk to humans 
and the environment. His conclusion is based on his experience with the 
use of chlorpropham (CIPC), a conventional chemical that is applied 
(via thermal fog generator) in the same manner as the proposed product. 
Mr. Keim states that half of CIPC applied to stored potatoes does not 
deposit on the potatoes and, therefore, is expelled to the outside 
environment. As a result of this application method, Mr. Keim contends 
that EPA has not adequately assessed the risks to non-target organisms 
and worker/handlers.
    EPA notes that the comment from Mr. Keim pertains mainly to the 
application equipment used on the proposed label, which would be more 
applicable to the Notice of Receipt (see the Federal Register of March 
10, 2010 (75 FR 11175) (FRL-8811-6)) for 3-decen-2-one, and to the 
conventional chemical, CIPC, which, from a toxicological perspective, 
is quite different from 3-decen-2-one. Nonetheless, EPA will address 
Mr. Keim's comment in this document.
    EPA would first direct the commenter to the documents in the docket 
for the Registration Review of CIPC (docket ID number EPA-HQ-OPP-2010-
0923) as the Agency's Health Effects Division (HED) and Environmental 
Fate and Effects Division (EFED) have already responded to Mr. Keim's 
comments regarding the application equipment used for CIPC products and 
the potential for exposure based on the displacement and degradation of 
CIPC.
    As stated in the EPA memoranda listed in Unit IX., the Agency 
received and reviewed product chemistry, residue, mammalian toxicity, 
and non-target organism data and/or information for this new active 
ingredient, 3-decen-2-one, as outlined in 40 CFR 158.2030, 158.2040, 
158.2050, and 158.2060. The data and information submitted to EPA 
indicate that 3-decen-2-one is of low toxicity (with the exception that 
it is an eye and dermal irritant), no developmental effects were found 
at the highest dose tested (NOAEL = 1,000 mg/kg/day), and 3-decen-2-one 
is not mutagenic. With regard to worker exposure, the thermal fogging 
application method on the proposed product label used for stored 
potatoes is an automated system and, as such, EPA considers this method 
a closed-delivery system and does not expect occupational handler 
exposure. The only occupational exposure expected is the handling of 
the product prior to application, which is mitigated by appropriate 
precautionary statements and personal protective equipment (PPE) 
requirements listed on the label. EPA has not identified any toxic 
endpoints for non-target mammals, birds, plants, aquatic, or soil 
organisms and has no concerns for any non-target organisms exposed to 
3-decen-2-one when used in accordance with approved label directions. 
The petitioner did submit information that estimated the physical and 
chemical properties for 3-decen-2-one by using QSAR modeling based on 
the Estimation Programs Interface Model (EPI SuiteTM 4.0). 
Using Henry's Law, which states that the solubility of a gas in a 
liquid is directly proportional to the partial pressure of the gas 
above the liquid, 3-decen-2-one is estimated to be 5.4 x 
10-4 atm[middot]m\3\/mol and indicates that the active 
ingredient has a potential for volatility from water or moist soil. In 
soil, the estimated Koc of 165.2-860.9 L/kg

[[Page 11765]]

indicates that 3-decen-2-one would have medium to low mobility in soil. 
In water, an estimated log Kow of 3.28 and an estimated 
bioconcentration factor (BCF) of 67.41 L/kg wet-wt indicate that 
bioaccumulation in aquatic organisms is unlikely. In the air, 
atmospheric oxidation by hydroxyl radicals' reaction is expected to 
occur with estimated half-lives of 1.9-2.2 hours. The probability of 
biodegradation of 3-decen-2-one was evaluated using EPI 
SuiteTM 4.0 in the BIOWIN module. Various models in the 
BIOWIN module predicted rapid biodegradation of 3-decen-2-one. Based on 
a total air volume in a potato warehouse of 1,910 m\3\ and the total 
applied 3-decen-2-one of 122,475 g calculated by the petitioner, the 
maximum air concentration of 3-decen-2-one in a potato warehouse was 
estimated to be 64.14 mg/L of air. With an estimated ventilation rate 
of 825 m\3\ of air/min, the air volume in a potato warehouse will be 
exchanged within 2.5 minutes when the vents to the outdoors are opened. 
Thus, the concentration emitted will be rapidly diluted in the outside 
air, which further demonstrates insignificant exposure to non-target 
organisms. In summary, given that 3-decen-2-one is applied indoors in a 
closed system, has low toxicity, is naturally occurring in foods that 
are common in the human diet, and presents little, if any, risk to non-
target organisms, EPA concludes that pesticide products containing this 
new active ingredient, 3-decen-2-one, are not expected to cause 
unreasonable adverse effects on the environment (includes consideration 
of risks to workers/handlers and non-target organisms).

VIII. Conclusion

    EPA concludes that there is a reasonable certainty that no harm 
will result to the U.S. population, including infants and children, 
from aggregate exposure to residues of 3-decen-2-one. Therefore, an 
exemption from the requirement of a tolerance is established for 
residues of the biochemical pesticide, 3-decen-2-one, in or on potatoes 
when applied as a postharvest potato sprout inhibitor and used in 
accordance with label directions and good agricultural practices.

IX. References

    The references used in this document are available as ``Supporting 
& Related Material'' within docket ID EPA-HQ-OPP-2010-0065 at 
www.regulations.gov.

1. U.S. EPA. 2011. Memorandum from Colin G. Walsh thru Angela L. 
Gonzales to Linda A. Hollis. Joint Science Review with Health Canada 
Pest Management Regulatory Agency (PMRA) in Support of the 
Registration of AMV-1018 Technical (EPA File Symbol No. 5481-LAI), a 
Manufacturing-Use Product (MP), Containing 98.0% of 3-decen-2-one as 
its Active Ingredient and Tolerance Exemption Petition Review in 
Support of 3-decen-2-one. U.S. Environmental Protection Agency, 
Office of Pesticide Programs. December 20, 2011.
2. U.S. EPA. 2013. Memorandum from Angela L. Gonzales thru Felecia 
A. Fort to Colin G. Walsh. Joint Science Review with Health Canada 
Pest Management Regulatory Agency (PMRA) in Support of the 
Registration of AMV-1018 Technical Containing 98.0% of 3-decen-2-one 
as its Active Ingredient. U.S. Environmental Protection Agency, 
Office of Pesticide Programs. January 3, 2013.
3. U.S. EPA. 2010. Memorandum from Gina M. Casciano and Colin G. 
Walsh thru Russell S. Jones to Driss Benmhend. Revised Hazard 
Assessment for Tier I Human Health Toxicity in Support of the 
Registration of AMV-1018 Technical, Containing 3-decen-2-one as its 
Active Ingredient (Amends EPA Memorandum from Gina M. Casciano and 
Colin G. Walsh through Russell S. Jones to Driss Benmhend dated June 
16, 2010). U.S. Environmental Protection Agency, Office of Pesticide 
Programs. December 7, 2010.

X. Statutory and Executive Order Reviews

    This final rule establishes a tolerance exemption under FFDCA 
section 408(d) in response to a petition submitted to EPA. 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 final rule has 
been exempted from review under Executive Order 12866, this final rule 
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 final rule 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 exemption 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 final rule directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes. As a result, this 
action does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, EPA 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, EPA 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 final rule. In addition, this final rule 
does not impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require EPA consideration of voluntary consensus standards pursuant to 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (NTTAA) (15 U.S.C. 272 note).

XI. 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: February 5, 2013.
Steven Bradbury,
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:

[[Page 11766]]

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

0
2. In subpart D, add Sec.  180.1318 to read as follows:

Sec.  180.1318  3-decen-2-one; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of the biochemical pesticide, 3-decen-2-one, in or on potatoes 
when applied as a potato sprout inhibitor and used in accordance with 
label directions and good agricultural practices.

[FR Doc. 2013-03758 Filed 2-19-13; 8:45 am]
BILLING CODE 6560-50-P
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