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[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38976-38980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16419]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0346; FRL-9927-25]

Prohexadione Calcium; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
prohexadione calcium in or on strawberry and watercress. Inter-Regional 
Research Project Number 4 (IR-4) requested these tolerances under the 
Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 8, 2015. Objections and 
requests for hearings must be received on or before September 8, 2015, 
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-2014-0346, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: 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 http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2014-0346 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 
September 8, 2015. 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-2014-0346, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of August 1, 2014 (79 FR 44729) (FRL-9911-
67), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 
4E8264) by IR-4, IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450. The petition requested that 40 CFR part 180 be 
amended by establishing tolerances for residues of the fungicide 
prohexadione calcium, calcium 3-oxido-5-oxo-4-propionylcyclohex-3-
enecarboxylate, in or on strawberry at 0.3 parts per million (ppm) and 
watercress at 2.0 ppm. That document referenced a summary of the 
petition prepared by BASF Corporation, the registrant, which is 
available in the docket, http://www.regulations.gov. A comment was 
received on the notice of filing. EPA's response to these comments is 
discussed in Unit IV.C.
    Based upon review of the data supporting the petition, EPA has 
amended the tolerance for watercress from what the petitioner 
requested. The reason for this change is explained in Unit IV.D.

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

[[Page 38977]]

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 prohexadione calcium including 
exposure resulting from the tolerances established by this action. 
EPA's assessment of exposures and risks associated with prohexadione 
calcium 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 most sensitive effect in the prohexadione toxicity database by 
oral exposure is kidney toxicity in dogs both for subchronic and 
chronic durations. Minor hematological changes (decreased white blood 
cell counts in males), and fore-stomach hyperplasia were seen only at 
very high doses in rodents. No dermal toxicity was observed up to the 
limit dose of 1,000 milligram/kilogram/day (mg/kg/day). There was no 
evidence of neurotoxicity in either of the neurotoxicity screening 
batteries up to or exceeding the limit dose.
    In rats and rabbits, no increased quantitative or qualitative pre- 
or postnatal susceptibility was observed. In rats, no maternal or 
developmental toxicity was observed up to the limit dose (1,000 mg/kg/
day). Three developmental studies in rabbits are available in the 
toxicological database for prohexadione calcium. In one study, late 
abortions occurred during GD 24-29 at 200 mg/kg/day, with increased 
mortality in maternal animals (GD 15-24) also noted at this dose. In 
another rabbit developmental study, two premature deliveries (on GD 24 
and 26) were noted at the highest dose tested (350 mg/kg/day) with no 
developmental effects observed. No maternal or developmental effects 
were seen in a third rabbit developmental study up to 150 mg/kg/day. In 
the 2-generation reproductive toxicity study with rats, parental 
toxicity (minimal mortality) occurred at a dose well below the dose 
that caused decreases in offspring body weight (3, 850 mg/kg/day).
    Prohexadione calcium is classified as not likely to be carcinogenic 
to humans based on lack of evidence of carcinogenicity in rats and 
mice.
    Specific information on the studies received and the nature of the 
adverse effects caused by prohexadione calcium as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document Prohexadione Calcium. Section 3 
Registration for Use on Strawberry and Watercress. Human Health Risk 
Assessment on pages 11-14 in docket ID number EPA-HQ-OPP-2014-0346.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors (U/SF) are used in conjunction 
with the POD to calculate a safe exposure level--generally referred to 
as a population-adjusted dose (PAD) or a reference dose (RfD)--and a 
safe margin of exposure (MOE). For non-threshold risks, the Agency 
assumes that any amount of exposure will lead to some degree of risk. 
Thus, the Agency estimates risk in terms of the probability of an 
occurrence of the adverse effect expected in a lifetime. For more 
information on the general principles EPA uses in risk characterization 
and a complete description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for prohexadione calcium 
used for human risk assessment is shown in the Table of this unit. 
Since the assessment in 2011, (November 18, 2011) (76 FR 71459) (FRL-
9326-4), the Agency has reevaluated the endpoints and determined that 
the previously identified dermal endpoints are no longer appropriate.

    Table--Summary of Toxicological Doses and Endpoints for Prohexadione Calcium for Use in Human Health Risk
                                                   Assessment
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                                     Point of departure and
         Exposure/scenario             uncertainty/safety    RfD, PAD, LOC for risk    Study and toxicological
                                             factors               assessment                  effects
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Acute dietary (All populations)....     No endpoint attributable to a single dose and appropriate for the U.S.
                                         general population was seen in the prohexadione calcium toxicological
                                       database; therefore, an acute dietary point of departure for the general
                                                         U.S. population was not established.
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Chronic dietary (All populations)..  NOAEL = 20 mg/kg/day..  Chronic RfD = cPAD =    Chronic toxicity--Dog.
                                     UFA = 10x.............   0.20 mg/kg/day.         LOAEL = 200 mg/kg/day
                                     UFH = 10x.............                           based on histopathological
                                     FQPA SF = 1x..........                           changes in the kidneys
                                                                                      (dilated basophilic
                                                                                      tubules) and increased
                                                                                      urinary volume and sodium
                                                                                      concentration.
Incidental oral short-term (1 to 30  NOAEL= 80 mg/kg/day...  LOC for MOE = 100.....  90-Day oral toxicity--Dog.
 days) and intermediate-term.        UFA = 10x.............                           LOAEL = 400 mg/kg/day
(1 to 6 months)....................  UFH = 10x.............                           based on moderate cortical
                                     FQPA SF = 1x..........                           areas of dilated
                                                                                      basophilic tubules in the
                                                                                      kidneys and decreased
                                                                                      potassium levels.
                                    ----------------------------------------------------------------------------

[[Page 38978]]

 
Dermal short-term (1 to 30 days)      Short-term and intermediate-term dermal endpoints were not selected since
 and intermediate-term (1 to 6          there were no adverse dermal or systemic effects observed in the 28-day
 months).                             dermal study in rats. There was also no evidence of increased quantitative
                                       or qualitative pre- or postnatal sensitivity in the prohexadione calcium
                                       database. Therefore no concern for any duration of dermal exposure and no
                                                             dermal endpoints are required
----------------------------------------------------------------------------------------------------------------
Inhalation short-term (1 to 30       NOAEL= 40 mg/kg/day...  LOC for MOE = 100.....  Prenatal Developmental
 days) and intermediate-term (1 to   UFA = 10x.............                           Toxicity--Rabbit. Maternal
 6 months).                          UFH = 10x.............                           LOAEL = 200 mg/kg/day
                                     FQPA SF = 1x..........                           based on increased
                                     Inhalation assumed                               mortality, and abortions.
                                      equivalent to oral.
                                    ----------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)..   ``Not likely to be carcinogenic to humans'' based upon lack of evidence of
                                       carcinogenicity in rats and mice. No evidence of carcinogenic potential,
                                                  therefore, cancer risk assessment is not required.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to prohexadione calcium, EPA considered exposure under the 
petitioned-for tolerances as well as all existing prohexadione calcium 
tolerances in 40 CFR 180.547. EPA assessed dietary exposures from 
prohexadione calcium 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 
prohexadione calcium; 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 USDA Nationwide 
Health and Nutrition Examination Survey, What We Eat In America 
(NHANES/WWEIA) conducted from 2003-2008. As to residue levels in food, 
the chronic dietary analysis assumed Dietary Exposure Evaluation Model 
(DEEM) (ver. 7.81) default processing factors, 100 percent crop treated 
(PCT) and tolerance-level residues for all commodities.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that prohexadione calcium does not pose a cancer risk to 
humans. Therefore, a dietary exposure assessment for the purpose of 
assessing cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (PCT) information. 
EPA did not use anticipated residue or PCT information in the dietary 
assessment for prohexadione calcium. Tolerance-level residues and/or 
100 PCT were assumed for all food commodities.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for prohexadione calcium in drinking water. These simulation 
models take into account data on the physical, chemical, and fate/
transport characteristics of prohexadione calcium. Further information 
regarding EPA drinking water models used in pesticide exposure 
assessment can be found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Tier 1 Rice Model and Screening Concentration in 
Ground Water (SCI-GROW) model, the estimated drinking water 
concentrations (EDWCs) of prohexadione calcium for chronic exposures 
for non-cancer assessments are estimated to be 170 parts per billion 
(ppb) for surface water and 0.137 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For chronic dietary risk 
assessment, the water concentration of value 170 ppb was used to assess 
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    Prohexadione calcium is currently registered for the following uses 
that could result in residential exposures: Residential lawns, 
ornamentals, athletic fields, parks, and golf courses. EPA assessed 
residential exposure using the following assumptions: Short-term 
residential handler exposures may result from adults applying 
prohexadione calcium to residential lawns and ornamentals. The Agency 
assessed inhalation exposures for adult handlers applying manually-
pressurized handwand applications to bedding plants. Short-term 
exposure is also possible for post-application incidental oral 
exposures of children 1-http://www.epa.gov/pesticides/science/residential-exposure-sop.html.
    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 prohexadione calcium to share a common mechanism

[[Page 38979]]

of toxicity with any other substances, and prohexadione calcium does 
not appear to produce a toxic metabolite produced by other substances. 
For the purposes of this tolerance action, therefore, EPA has assumed 
that prohexadione calcium 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 http://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 are available to EPA support the 
choice of a different factor.
    2. Prenatal and postnatal sensitivity. There are no residual 
uncertainties for prenatal and postnatal toxicity and there is no 
evidence of increased qualitative or quantitative susceptibility of any 
kind for fetuses and offspring in both rats and rabbits.
    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 prohexadione calcium is complete.
    ii. There is no indication that prohexadione calcium is a 
neurotoxic chemical and there is no need for a developmental 
neurotoxicity study or additional UFs to account for neurotoxicity.
    iii. There is no evidence that prohexadione calcium results in 
increased susceptibility in in utero rats or rabbits in the prenatal 
developmental studies or in young rats in the 2-generation reproduction 
study.
    iv. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100 PCT, tolerance-level residues, and DEEM (Ver 7.81) default 
processing factors. EPA made conservative (protective) assumptions in 
the ground and surface water modeling used to assess exposure to 
prohexadione calcium in drinking water. EPA used similarly conservative 
assumptions to assess post-application exposure of children as well as 
incidental oral exposure of toddlers. These assessments will not 
underestimate the exposure and risks posed by prohexadione calcium.

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, 
prohexadione calcium 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 
prohexadione calcium from food and water will utilize 19% of the cPAD 
for children 1-2 years old, the population group receiving the greatest 
exposure. Based on the explanation in Unit III.C.3., regarding 
residential use patterns, chronic residential exposure to residues of 
prohexadione calcium is not expected.
    3. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level).
    Prohexadione calcium is currently registered for uses that could 
result in short-term residential exposure, and the Agency has 
determined that it is appropriate to aggregate chronic exposure through 
food and water with short-term residential exposures to prohexadione 
calcium.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water, 
and residential exposures result in aggregate MOEs of 14,000 for adults 
and 2,100 for children. Because EPA's level of concern for prohexadione 
calcium is a MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level).
    An intermediate-term adverse effect was identified; however, 
prohexadione calcium is not registered for any use patterns that would 
result in intermediate-term residential exposure. Intermediate-term 
risk is assessed based on intermediate-term residential exposure plus 
chronic dietary exposure. Because there is no intermediate-term 
residential exposure and chronic dietary exposure has already been 
assessed under the appropriately protective cPAD (which is at least as 
protective as the POD used to assess intermediate-term risk), no 
further assessment of intermediate-term risk is necessary, and EPA 
relies on the chronic dietary risk assessment for evaluating 
intermediate-term risk for prohexadione calcium.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, prohexadione calcium is not expected to pose a cancer risk to 
humans.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to prohexadione calcium residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (BASF Analytical Method D9601 and 
564/0) is available to enforce the tolerance expression for residues of 
prohexadione calcium in watercress and strawberry samples.
    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

[[Page 38980]]

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 prohexadione calcium in/on 
strawberries and watercress.

C. Response to Comments

    One comment was received in response to the notice of filing of IR-
4's petition. The commenter stated this use should be denied due to 
toxicity to bees and that all use of chemicals should be stopped. The 
comment primarily appears directed to the registration of the pesticide 
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 
but to the extent the comment is directed at the present tolerance 
action, the Agency understands the commenter's concerns and recognizes 
that some individuals believe that pesticides should be banned on 
agricultural crops. However, the existing legal framework provided by 
section 408 of FFDCA states that tolerances may be set when persons 
seeking such tolerances or exemptions have demonstrated that the 
pesticide meets the safety standard imposed by that statute. This 
citizen's comment appears to be directed at the underlying statute and 
not EPA's implementation of it; the citizen has made no contention that 
EPA has acted in violation of the statutory framework. As to bees the 
EPA will consider impacts to the environment and non-target species 
under the authority of FIFRA.

D. Revisions to Petitioned-For Tolerances

    The tolerance on watercress has been revised from what was proposed 
in the initial petition. EPA is increasing the proposed tolerance for 
residues in/on watercress from 2 ppm to 4.0 ppm based on the available 
watercress field trial data and the OECD tolerance calculation 
procedure.

 V. Conclusion

    Therefore, tolerances are established for residues of prohexadione 
calcium, calcium 3-oxido-5-oxo-4-propionylcyclohex-3-enecarboxylate, in 
or on strawberry at 0.30 ppm and watercress at 4.0 ppm.

VI. Statutory and Executive Order Reviews

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

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: June 22, 2015.
Daniel J. Rosenblatt,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. In Sec.  180.547, add alphabetically the following commodities to 
the table in paragraph (a) to read as follows:

Sec.  180.547  Prohexadione calcium; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Strawberry.................................................         0.30
Watercress.................................................          4.0
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-16419 Filed 7-7-15; 8:45 am]
 BILLING CODE 6560-50-P
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