Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 55635 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this final rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

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), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

In addition, since this action does not 

involve any technical standards, 

NTTAA section 12(d) (15 U.S.C. 272 

note), does not apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

X. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this final 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 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: September 3, 2013. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1, add the following section 

in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB Control 

No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10515 ............................. 2070–0012 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 4. Add § 721.10515 to subpart E to 

read as follows: 

§ 721.10515 Partially fluorinated alcohol 

substituted glycols (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as partially fluorinated 

alcohol substituted glycols (PMN P–10– 

58, P–10–59, and P–10–60) are subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (manufacture 

and import of the PMN substances 

according to the chemical synthesis and 

composition section of the TSCA 

section 5(e) consent order, including 

analysis, reporting, and limitations of 

maximum impurity levels of certain 

fluorinated impurities; manufacture and 

import of P–10–58 and P–10–59 only as 

intermediates for the manufacture of P– 

10–60), and (q). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of these substances, 

except the recordkeeping requirements 

for § 721.125(b) and (c) do not apply to 

importers or processors when any one of 

the substances are contained in a 

formulation at less than 3 weight 

percent. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(i) of this section. 

[FR Doc. 2013–22112 Filed 9–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0590; FRL–9395–4] 

Prometryn; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of prometryn in 

or on succulent snap bean, dill oil, fresh 

dillweed leaves, and dried dillweed 

leaves. This regulation additionally 

removes the established tolerance with 

regional restrictions on dill, since it is 

superseded by the tolerance on fresh 

dillweed leaves. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 11, 2013. Objections and 

requests for hearings must be received 

on or before November 12, 2013, and 


tkelley on DSK3SPTVN1PROD with RULES
55636 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 

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–2012–0590, 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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; 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/textidx?&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, 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–2012–0590 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 November 12, 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– 

2012–0590, 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 September 

28, 2012 (77 FR 59578) (FRL–9364–6), 

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 2E8053) by IR–4, 

500 College Rd. East, Suite 201W, 

Princeton, NJ 08540. The petition 

requested that 40 CFR 180.222 be 

amended by establishing tolerances for 

residues of the herbicide prometryn, 

2,4-bis(isopropylamino)-6-methylthio-striazine, in or on bean, snap, succulent 

at 0.05 parts per million (ppm); bean, 

forage at 0.09 ppm; dill, leaves at 0.3 

ppm; dill, dried leaves at 1.1 ppm; and 

dill, oil at 1.3 ppm. That document 

referenced a summary of the petition 

prepared on behalf of IR–4 by Syngenta 

Crop Protection, the registrant, which is 

available in the docket, http://

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Based upon review of the data 

supporting the petition, EPA has 

corrected the commodity terminology 

for certain proposed tolerances and has 

revised the tolerance expression for all 

commodities. The reasons for these 

changes are 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 prometryn 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with prometryn 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 


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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. 

In the subchronic oral feeding study 

in mice, prometryn caused decreased 

body weight (bwt) and/or mortality at 

doses that exceeded the limit dose. In 

chronic oral toxicity studies, effects 

primarily occurred only at the highest 

doses tested for dogs, rats, and mice, 

though the dog is considered the most 

sensitive species. Effects in the dog 

included degenerative hepatic changes, 

renal tubule degeneration, and bone 

marrow atrophy. In developmental 

studies with prometryn, fetal effects 

were observed primarily at the highest 

doses tested and in the presence of 

maternal toxicity. In rats, decreased bwt, 

decreased food consumption, and 

clinical signs of toxicity were observed 

in dams. Decreased fetal bwt and 

incomplete ossification of sternebrae 

and metacarpals were observed at the 

same dose in offspring. In rabbits, 

maternal effects included decreased 

food consumption and an increased 

incidence of resorptions, abortions, and 

post-implantation loss; these effects 

corresponded with a decreased number 

of viable litters and live fetuses at the 

same dose. In the 2-generation rat 

reproductive study, decreased food 

consumption, bwt, and bwt gain were 

observed in parental animals, and 

decreased bwts were observed in 

offspring at the same dose. 

Preliminary review of the rat acute 

and subchronic neurotoxicity studies 

reveals lower mean total and/or 

ambulatory locomotor activity counts 

noted for both sexes on the first day of 

treatment in the acute study, and no 

signs of neurotoxicity in the subchronic 

study. In the immunotoxicity study, 

there was a decreased humoral response 

in the sheep red blood cell assay. No 

evidence of local or systemic toxicity 

was observed in a 21-day dermal 

toxicity study in rabbits. 

In a combined chronic toxicity and 

carcinogenicity study in rats, effects 

included decreased bwt, bwt gains, and 

renal toxicity, exhibited as mineralized 

concretions. In a carcinogenicity study 

in mice, the only effect was decreased 

bwt gain. Prometryn has been classified 

with ‘‘evidence of non-carcinogenicity 

for humans’’ based on the lack of 

oncogenic effects at any dose in both 

rats and mice. Prometryn was 

determined to be non-mutagenic and 

non-clastogenic in in vitro and in vivo 

genotoxicity assays. 

Specific information on the studies 

received and the nature of the adverse 

effects caused by prometryn 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 http:// 

www.regulations.gov in document: 

‘‘Prometryn: Human-Health Risk 

Assessment for the Proposed Uses on 

Snap Bean and Dill.’’ pp. 32–34 in 

docket ID number EPA–HQ–OPP–2012– 

0590. 

B. Toxicological Points of Departure/

Levels of Concern 

Once a pesticide’s toxicological 

profile is determined, EPA identifies 

toxicological points of departure (POD) 

and levels of concern to use in 

evaluating the risk posed by human 

exposure to the pesticide. For hazards 

that have a threshold below which there 

is no appreciable risk, the toxicological 

POD is used as the basis for derivation 

of reference values for risk assessment. 

PODs are developed based on a careful 

analysis of the doses in each 

toxicological study to determine the 

dose at which no adverse effects are 

observed (the NOAEL) and the lowest 

dose at which adverse effects of concern 

are identified (the LOAEL). Uncertainty/ 

safety factors are used in conjunction 

with the POD to calculate a safe 

exposure level—generally referred to as 

a population-adjusted dose (PAD) or a 

reference dose (RfD), and a safe margin 

of exposure (MOE). For non-threshold 

risks, the Agency assumes that any 

amount of exposure will lead to some 

degree of risk. Thus, the Agency 

estimates risk in terms of the probability 

of an occurrence of the adverse effect 

expected in a lifetime. For more 

information on the general principles 

EPA uses in risk characterization and a 

complete description of the risk 

assessment process, see http://

www.epa.gov/pesticides/factsheets/

riskassess.htm. 

A summary of the toxicological 

endpoints for prometryn used for 

human risk assessment is shown in 

Table 1 of this unit. 

TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR PROMETRYN FOR USE IN HUMAN HEALTH RISK

ASSESSMENT

Exposure/scenario Point of departure and 

uncertainty/safety factors 

RfD, PAD, LOC for risk 

assessment Study and toxicological effects 

Acute dietary (Females 13–49 

years of age).

NOAEL = 12 mg/kg/day UFA = 

10x UFH = 10x FQPA SF = 1x.

Acute RfD = 0.12 mg/kg/day, 

aPAD = 0.12 mg/kg/day.

Developmental toxicity (rabbit) 

LOAEL = 72 mg/kg/day based 

on increased incidence of resorptions, abortions, and postimplantation loss leading to decreased number of viable litters 

and live fetuses. 

Acute dietary (General population 

including infants and children).

No effects attributable to a single exposure were identified for the general population, including infants and 

children. Therefore, a dose and endpoint were not selected for this exposure scenario. 

Chronic dietary (All populations) .... NOAEL = 3.75 mg/kg/day UFA = 

10x UFH = 10x FQPA SF = 1x.

Chronic RfD = 0.04 mg/kg/day, 

cPAD = 0.04 mg/kg/day.

Chronic toxicity (dog; dietary) 

LOAEL = 37.5 mg/kg/day based 

on degenerative hepatic 

changes, renal tubule degeneration, and bone marrow atrophy. 


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55638 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 

TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR PROMETRYN FOR USE IN HUMAN HEALTH RISK

ASSESSMENT—Continued 

Exposure/scenario Point of departure and 

uncertainty/safety factors 

RfD, PAD, LOC for risk 

assessment Study and toxicological effects 

Cancer (Oral, dermal, inhalation) .. Classified as ‘‘evidence of non-carcinogenicity for humans.’’ 

FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = 

milligram/kilogram/day. 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 prometryn, EPA considered 

exposure under the petitioned-for 

tolerances as well as all existing 

prometryn tolerances in 40 CFR 

180.222. EPA assessed dietary 

exposures from prometryn in food as 

follows: 

i. Acute exposure. Quantitative acute 

dietary exposure and risk assessments 

are performed for a food-use pesticide, 

if a toxicological study has indicated the 

possibility of an effect of concern 

occurring as a result of a 1-day or single 

exposure. Such effects were identified 

for prometryn for females 13–49 years 

old, the only acute population subgroup 

of concern for this assessment. In 

estimating acute dietary exposure, EPA 

used Dietary Exposure Evaluation 

Model software with the Food 

Commodity Intake Database (DEEM– 

FCID) Version 3.16, which uses food 

consumption data from the U.S. 

Department of Agriculture’s (USDA’s) 

National Health and Nutrition 

Examination Survey, ‘‘What We Eat in 

America’’ (NHANES/WWEIA) from 

2003 through 2008. As to residue levels 

in food, EPA used tolerance-level 

residues for all commodities, 100 

percent crop treated (PCT) estimates, 

and utilized DEEM version 7.81 default 

processing factors when appropriate. 

ii. Chronic exposure. In conducting 

the chronic dietary exposure assessment 

EPA used the food consumption data 

from the USDA’s 2003–2008 NHANES/ 

WWEIA. As to residue levels in food, 

EPA used tolerance-level residues for all 

commodities, assumed 100 PCT, and 

utilized DEEM default processing 

factors when appropriate. 

iii. Cancer. Based on the data 

summarized in Unit III.A., EPA has 

concluded that prometryn 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 PCT 

information. EPA did not use 

anticipated residue or PCT information 

in the dietary assessment for prometryn. 

Tolerance level residues and 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 prometryn in drinking water. These 

simulation models take into account 

data on the physical, chemical, and fate/ 

transport characteristics of prometryn. 

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 First Index Reservoir 

Screening Tool (FIRST) and Screening 

Concentration in Ground Water (SCI– 

GROW) models, the estimated drinking 

water concentrations (EDWCs) of 

prometryn for surface waters are 

expected to be 377.4 parts per billion 

(ppb) for acute exposures and 157.9 ppb 

for chronic exposures. For ground 

water, the EDWC is expected to be 23.2 

ppb for acute and chronic exposures. 

Modeled estimates of drinking water 

concentrations were directly entered 

into the dietary exposure model. The 

water concentration values of 377.4 ppb 

and 157.9 ppb were used to assess the 

contribution of drinking water for the 

acute and chronic dietary risk 

assessments, respectively. 

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). Prometryn 

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.’’ 

Prometryn is a triazine, and certain 

triazine pesticides were identified as a 

common mechanism group (CMG) by 

EPA in a 2002 paper entitled, ‘‘The 

Grouping of a Series of Triazine 

Pesticides Based on a Common 

Mechanism of Toxicity.’’ However, 

prometryn was excluded from the 

triazine CMG because it does not share 

the toxicity profile of the CMG triazines. 

Therefore, for the purposes of this 

action, EPA is assuming that prometryn 

does not have a common mechanism of 

toxicity with other substances, and 

prometryn does not produce a toxic 

metabolite known to be produced by 

other substances. For information 

regarding EPA’s efforts to determine 

which substances have a common 

mechanism of toxicity and to evaluate 

the cumulative effects of such 

substances, 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 available to EPA support the choice 

of a different factor. 

2. Prenatal and postnatal sensitivity. 

Developmental toxicity studies in rats 

and rabbits and a 2-generation 

reproduction study in rats are available 

to assess potential fetal and offspring 

sensitivity to prometryn, and there is no 

evidence of increased quantitative 

prenatal susceptibility following 

prometryn exposure in these studies. In 

the 2-generation rat reproductive study, 

no evidence of toxicity to the 


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reproductive organs was observed and 

the effects that were observed in the 

offspring (decreased bwt) occurred at 

the same dose as those observed in 

parental animals (decreased food 

consumption, bwt, and bwt gain). In 

both rats and rabbit developmental 

toxicity studies, fetal and offspring 

effects occurred at maternal/parental 

doses. Fetal effects in rats included 

decreased fetal bwt, incomplete 

ossification of sternebrae and 

metacarpals observed at the same dose 

as maternal toxicity, including 

decreased bwt, decreased food 

consumption, and clinical signs of 

toxicity. In rabbits, fetal effects included 

a decreased number of viable litters and 

live fetuses noted in the presence of 

decreased food consumption and an 

increased incidence of resorptions, 

abortions, and post-implantation loss in 

maternal 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 prometryn 

is complete. In the last final rule for 

prometryn, published in the Federal 

Register of December 18, 2009 (74 FR 

67104) (FRL–8801–8), immunotoxicity 

(OCSPP Guideline 870.7800) and acute 

and subchronic neurotoxicity (OCSPP 

Guideline 870.6200) studies were 

reported as data gaps required in 40 CFR 

part 158 for pesticide registration. These 

studies were recently submitted to the 

Agency and are pending formal review. 

Preliminary review suggests that these 

studies will not affect the endpoints 

selected for assessing the dietary risks of 

concern. In the immunotoxicity study, 

although there was a decreased humoral 

response in the sheep red blood cell 

assay, this effect is not expected to 

impact the risk assessment. This effect 

was observed at the limit dose (1,044 

milligrams/kilogram/day (mg/kg/day) 

and is at least one order of magnitude 

higher than the effects used for the acute 

and chronic dietary endpoints causing a 

very low level of concern. The 

preliminary review of the acute 

neurotoxicity study shows some 

indication of neurotoxicity; however, 

since the POD chosen for risk 

assessment is lower than the dose that 

caused the observed effects in this 

study, it is thus considered protective of 

these effects. Additionally, there were 

no signs of neurotoxicity observed in 

the subchronic neurotoxicity study. 

Therefore, there is no need for a 

developmental neurotoxicity study or 

additional UFs to account for 

neurotoxicity. 

ii. There is no evidence that 

prometryn results in increased 

susceptibility in young rats in the 2- 

generation reproduction study. The 

effects noted in in utero rats and rabbits 

in the prenatal developmental studies 

do not indicate increased susceptibility 

because: 

a. The effects are well characterized. 

b. Clear NOAELs were established. 

c. The developmental rabbit study is 

being used in endpoint selection. 

iii. There are no residual uncertainties 

identified in the exposure databases. 

The dietary food exposure assessments 

were performed based on 100 PCT and 

tolerance-level residues. EPA made 

conservative (protective) assumptions in 

the ground and surface water modeling 

used to assess exposure to prometryn in 

drinking water. These assessments will 

not underestimate the exposure and 

risks posed by prometryn. 

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 aPAD and cPAD. For 

linear cancer risks, EPA calculates the 

lifetime probability of acquiring cancer 

given the estimated aggregate exposure. 

Short-term, intermediate-term, and 

chronic-term risks are evaluated by 

comparing the estimated aggregate food, 

water, and residential exposure to the 

appropriate PODs to ensure that an 

adequate MOE exists. 

1. Acute risk. Using the exposure 

assumptions discussed in this unit for 

acute exposure, the acute dietary 

exposure from food and water to 

prometryn will occupy 17% of the 

aPAD for females 13–49 years old, the 

population subgroup identified as 

having a potential acute exposure. 

2. Chronic risk. Using the exposure 

assumptions described in this unit for 

chronic exposure, EPA has concluded 

that chronic exposure to prometryn 

from food and water will utilize 23% of 

the cPAD for all infants less than 1-year 

old, the population group receiving the 

greatest exposure. There are no 

residential uses for prometryn. 

3. Short-term and Intermediate-term 

risks. Short-term and intermediate-term 

aggregate exposures take into account 

short-term and intermediate-term 

residential exposure plus chronic 

exposure to food and water (considered 

to be a background exposure level). 

Short-term and intermediate-term 

adverse effects were identified; 

however, prometryn is not registered for 

any use patterns that would result in 

short-term or intermediate-term 

residential exposures. Short-term and 

intermediate-term risk is assessed based 

on short-term and intermediate-term 

residential exposure plus chronic 

dietary exposure. Because there are no 

short-term or intermediate-term 

residential exposures and chronic 

dietary exposure has already been 

assessed under the appropriately 

protective cPAD (which is at least as 

protective as the POD used to assess 

short-term risk), no further assessment 

of short-term or intermediate-term risks 

are necessary, and EPA relies on the 

chronic dietary risk assessment for 

evaluating short-term and intermediateterm risks for prometryn. 

4. Aggregate cancer risk for U.S. 

population. Based on the lack of 

evidence of carcinogenicity in two 

adequate rodent carcinogenicity studies, 

prometryn 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 prometryn 

residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

An enforcement methodology (gas 

chromatography/flame photometric 

detection/sulfur (GC/FPD/S)), Method 

AG–559, 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 


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55640 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for prometryn. 

C. Revisions to Petitioned-For 

Tolerances 

Based on the data submitted with the 

petition, EPA has determined that the 

proposed tolerance in or on bean, forage 

at 0.09 ppm is not necessary. The 

Agency determined that this tolerance 

level is not necessary because bean, 

forage is not a significant livestock feed 

item. Additionally, the Agency revised 

the proposed commodity terminology 

for dill, leaves to dillweed, fresh leaves 

and dill, dried leaves to dillweed, dry 

leaves in order to reflect the correct 

commodity terminology. Finally, the 

Agency has revised the tolerance 

expression to clarify: 

1. That, as provided in FFDCA section 

408(a)(3), the tolerance covers 

metabolites and degradates of 

prometryn not specifically mentioned. 

2. That compliance with the specified 

tolerance levels is to be determined by 

measuring only the specific compounds 

mentioned in the tolerance expression. 

V. Conclusion 

Therefore, tolerances are established 

for residues of prometryn, 2,4- 

bis(isopropylamino)-6-methylthio-striazine, in or on bean, snap, succulent 

at 0.05 ppm; dill, oil at 1.3 ppm; 

dillweed, fresh leaves at 0.30 ppm; and 

dillweed, dried leaves at 1.1 ppm. This 

regulation additionally removes the 

established tolerance with regional 

restrictions in or on dill at 0.3 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule 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 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 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, 

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 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 

Agency 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). 

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: August 29, 2013. 

Lois Rossi, 

Director, Registration Division, 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. In § 180.222: 

■ a. Revise the introductory text of 

paragraph (a). 

■ b. Add alphabetically ‘‘bean, snap, 

succulent,’’ ‘‘dill, oil,’’ ‘‘dillweed, dried 

leaves,’’ and ‘‘dillweed, fresh leaves’’ to 

the table in paragraph (a). 

■ c. Remove and reserve paragraph (c). 

■ d. Revise the introductory text of 

paragraph (d). 

The amendments read as follows: 

§ 180.222 Prometryn; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the herbicide 

prometryn, including its metabolites 

and degradates, in or on the 

commodities in the following table. 

Compliance with the tolerance levels 

specified in the following table is to be 

determined by measuring only 

prometryn, 2,4-bis(isopropylamino)-6- 

methylthio-s-triazine, in or on the 

following raw agricultural commodities: 

Commodity Parts per 

million 

Bean, snap, succulent ........ 0 .05 

* * * * * 

Dill, oil ................................. 1 .3 

Dillweed, dried leaves ........ 1 .1 

Dillweed, fresh leaves ........ 0 .30 

* * * * * 

* * * * * 

(c) Tolerances with regional 

exemptions. [Reserved] 

(d) Indirect or inadvertent residues. 

Tolerances are established for indirect 

or inadvertent residues of the herbicide 

prometryn, including its metabolites 

and degradates, in or on the 

commodities in the following table. 

Compliance with the tolerance levels 

specified in the following table is to be 

determined by measuring only 

prometryn, 2,4-bis(isopropylamino)-6- 


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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 55641 

methylthio-s-triazine, in or on the 

following raw agricultural commodities. 

* * * * * 

[FR Doc. 2013–22107 Filed 9–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0284; FRL–9397–6] 

Polyurethane-Type Polymers; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of polymers 

produced by the reaction of either 1,6- 

hexanediisocyanate; 2,4,4-trimethyl-1,6- 

hexanediisocyanate; 5-isocyanato-1- 

(isocyanatomethyl)-1,3,3- 

trimethyIcyclohexane 

(isophoronediisocyanate); 4,4′- 

methylene-bis-1,1′- 

cyclohexanediisocyanate; 4,4′- 

methylene-bis-1,1′ benzyldiisocyanate; 

or 1,3-bis-(2-isocyanatopropan-2- 

yl)benzene with polyethyleneglycol and 

end-capped with one or a mixture of 

more than one of octanol, decanol, 

dodecanol, tetradecanol, hexadecanol, 

octadecanol, and octadec-9-enol or 

polyethyleneglycol ethers of octanol, 

decanol, dodecanol, tetradecanol, 

hexadecanol, octadecanol, and octadec9-enol (also known as polyurethanetype polymers), when used as an inert 

ingredient in a pesticide chemical 

formulation. Syngenta Crop Protection, 

LLC 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 polyurethane-type 

polymers on food or feed commodities. 

DATES: This regulation is effective 

September 11, 2013. Objections and 

requests for hearings must be received 

on or before November 12, 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–2013–0284, 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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@

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://

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. 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–2013–0284 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 November 12, 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– 

2013–0284, 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. Background and Statutory Findings 

In the Federal Register of July 19, 

2013 (78 FR 43117) (FRL–9392–9), EPA 

issued a notice pursuant to FFDCA 

section 408, 21 U.S.C. 346a, announcing 

the receipt of a pesticide petition (IN– 

10553) filed by Syngenta Crop 

Protection, LLC, P.O. Box 18300, 

Greensboro, NC 27419–8300. The 

petition requested that 40 CFR 180.960 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of polyurethanetype polymers produced by the reaction 

of either 1,6-hexanediisocyanate; 2,4,4- 

trimethyl-1,6-hexanediisocyanate; 5- 

isocyanato-1-(isocyanatomethyl)-1,3,3- 

trimethyIcyclohexane 

(isophoronediisocyanate); 4,4′- 

methylene-bis-1,1′- 

cyclohexanediisocyanate; 4,4′- 

methylene-bis-1,1′ benzyldiisocyanate; 

or 1,3-bis-(2-isocyanatopropan-2- 

yl)benzene with polyethylenglycol and 

end-capped with one or a mixture of 

more than one of octanol, decanol, 

dodecanol, tetradecanol, hexadecanol, 


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