[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 40017-40020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15710]



40 CFR Part 180

[EPA-HQ-OPP-2012-0303; FRL-9391-7]

Ethalfluralin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: This regulation establishes tolerances for residues of 
ethalfluralin in or on rapeseed subgroup 20A and sunflower subgroup 
20B. This regulation additionally removes the established tolerances in 
or on mustard, seed; rapeseed, seed; safflower, seed; and sunflower, 
seed, as they will be superseded by the tolerances established by this 
final rule. Interregional Research Project Number 4 (IR-4) requested 
these tolerances under the Federal Food, Drug, and Cosmetic Act 

DATES: This regulation is effective July 3, 2013. Objections and 
requests for hearings must be received on or before September 3, 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-2012-0303, 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: Laura Nollen, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 305-7390; email address: [email protected].


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. 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.''

[[Page 40018]]

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-2012-0303 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 3, 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-2012-0303, 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 
     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 July 25, 2012 (77 FR 43562) (FRL-9353-
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 
2E8007) by IR-4, 500 College Rd. East, Suite 201 W., Princeton, NJ 
08540. The petition requested that 40 CFR 180.416 be amended by 
establishing tolerances for residues of the herbicide ethalfluralin, N-
(trifluoromethyl)benzenamine, in or on rapeseed subgroup 20A and 
sunflower subgroup 20B at 0.05 parts per million (ppm). That document 
referenced a summary of the petition prepared on behalf of IR-4 by Dow 
AgroSciences, 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 
revised the tolerance expression for all established commodities to be 
consistent with current Agency policy. The reason for this change is 
explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue . . 
. .''
    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for ethalfluralin including 
exposure resulting from the tolerances established by this action. 
EPA's assessment of exposures and risks associated with ethalfluralin 

A. Reliance on Previous Rulemaking Safety Finding and Risk Assessment

    In the Federal Register of December 5, 2007 (72 FR 68529) (FRL-
8342-2), EPA published a final rule (2007 rulemaking) establishing 
tolerances for residues of the herbicide ethalfluralin, N-ethyl-N-(2-
methyl-2-propenyl)-2,6-dinitro-4-(trifluoromethyl)benzenamine, in or on 
dry and fresh dill leaves, mustard seed, potato, and rapeseed, seed at 
0.05 ppm, based on EPA's conclusion that aggregate exposure to 
ethalfluralin is safe for the general population, including infants and 
children. Since 2007, there have been no additional tolerance actions 
for ethalfluralin. The toxicity profile of ethalfluralin has not 
changed since the 2007 rulemaking.
    Except as supplemented by the information described in this unit, 
EPA is relying on the risk assessment underlying the 2007 rulemaking to 
establish tolerances of ethalfluralin in or on rapeseed subgroup 20A 
and sunflower subgroup 20B. Further information about EPA's risk 
assessment and determination of safety supporting the 2007 rulemaking 
can be found at http://www.regulations.gov in the document entitled: 
``Ethalfluralin: Human Health Risk Assessment for (IR-4) Proposed Uses 
on Dill and Potato,'' document ID number EPA-HQ-OPP-2005-0195-0003. The 
final rule for the 2007 rulemaking can be found in document ID number 
EPA-HQ-OPP-2005-0195-0002. Currently, there are tolerances established 
for residues of ethalfluralin in or on the representative commodities 
of crop subgroups 20A (rapeseed) and 20B (sunflower seed).
    These tolerances were based on adequate residue field trial data. 
The results of these residue data indicate that no ethalfluralin 
residues were detected in or on rapeseed and sunflower; therefore, 
tolerances were established at the limit of quantitation (LOQ) of 0.05 
ppm for these commodities. Additionally, ethalfluralin tolerances are 
established at the LOQ of 0.05 ppm for mustard seed (subgroup 20A) and 
safflower seed (subgroup 20B). The ``no detected residues'' finding is 
further supported by review of the Pesticide Database Program (PDP), 
where no residues of ethalfluralin were found on any crop from 2007 to 
2010. Since the proposed use rates for all commodities in crop subgroup 
20A and 20B are the same as what is currently permitted for application 
to rapeseed and sunflower seed under the existing registrations, the 
Agency expects similar ethalfluralin residues to be present on other 
commodities in subgroups 20A and 20B.
    Moreover, rapeseed and sunflower seed, in addition to safflower 
seed, are by far the most consumed commodities in crop subgroups 20A 
and 20B; other commodities in crop subgroup 20A and 20B have low rates 
of consumption, as

[[Page 40019]]

supported by the fact that all members of subgroups 20A and 20B except 
sesame, safflower, and mustard are not included in the National Health 
and Nutrition Examination Survey/``What We Eat in America'' (NHANES/
WWEIA) dietary survey. EPA does not expect that adding sesame exposures 
to the ethalfluralin risk assessment to change the overall risk since 
consumption of sesame and exposure to ethalfluralin residues on sesame 
are expected to be so minor compared to all the representative crops. 
As a result, EPA does not expect the establishment of tolerances for 
the rapeseed subgroup 20A and the sunflower subgroup 20B to increase 
food exposure from what was assessed in the 2007 risk assessment.
    Further, residues from drinking water are not expected to change 
from the 2007 risk assessment because the application rate for subgroup 
20A and 20B will be the same as the currently registered application 
rate for rapeseed and sunflower. As a result, the addition of the new 
crops in subgroups 20A and 20B would not change the estimated drinking 
water concentrations used in the 2007 risk assessment. In addition, 
since the 2007 risk assessment relied on monitoring data for the cancer 
assessment, EPA has reviewed the most recent water monitoring data to 
ensure that the conclusions of 2007 risk assessment are still valid. 
Data from the U.S. Department of Agriculture's (USDA) PDP and U.S. 
Geological Survey, National Water-Quality Assessment Program (USGS/
NAWQA) still show that there have been no detectable or very limited 
detectable residues of ethalfluralin in sampled drinking water and 
surface/ground water. PDP sampled 3,515 samples of drinking water 
between 2006 and 2011, and there were no detects at a limit of 
detection (LOD) between 30 and 400 parts per trillion (ppt). Likewise, 
there has been a very low detection frequency (0.8%) of ethalfluralin 
in the USGS/NAWQA monitoring data in the last search. Therefore, the 
assumptions in the 2007 risk assessment regarding drinking water are 
still valid.
    Since the dietary risk depends on both consumption (which the 
Agency does not expect to vary significantly from the 2007 risk 
assessment) and residue levels (which the Agency expects to remain the 
same as the 2007 risk assessment), the Agency does not expect the risk 
from ethalfluralin to change from the 2007 risk assessment.

B. Safety Factor for Infants and Children

    1. 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 Ptotection Act 
(FQPA) Safety Factor (SF). In applying this provision, EPA either 
retains the default value of 10X, or uses a different additional safety 
factor when reliable data available to EPA support the choice of a 
different factor.
    2. In the preamble to the 2007 rulemaking, EPA explained the 
decision to reduce the FQPA SF to 1X based on reliable data. For this 
action, EPA is reducing the FQPA SF to 1X for the following reasons:
    a. For the 2007 rulemaking, the toxicity database was considered 
complete. However, changes to 40 CFR part 158 since the 2007 rulemaking 
imposed new data requirements for immunotoxicity testing and acute and 
subchronic neurotoxicity testing for pesticide registration. In 2012, 
EPA determined that the acute and subchronic neurotoxicity studies are 
not required for ethalfluralin based on a weight-of-evidence approach, 
considering all of the available hazard and exposure information. 
However, the immunotoxicity study remains a data requirement at this 
    Although an immunotoxicity study has not been received by the 
Agency, there is relatively little concern as there are no indications 
of immunotoxicity in the toxicology database; it does not appear that 
ethalfluralin directly targets the immune system. Additionally, 
ethalfluralin does not belong to a class of chemicals (e.g., the 
organotins, heavy metals, halogenated aromatic hydrocarbons) that would 
be expected to be immunotoxic. Therefore, the Agency does not believe 
that conducting an immunotoxicity study will result in a lower point of 
departure (POD) than that currently used for overall risk assessment, 
and the 10X FQPA SF (in the form of a database uncertainty factor 
(UFDB)) is not needed to account for the lack of the study.
    b. EPA has fully evaluated the toxicity database of ethalfluralin 
with respect to the potential for special sensitivity of infants and 
children, and concludes that there is low concern for pre- and 
postnatal susceptibility for infants and children. The FQPA SF has been 
reduced to 1X because:
    i. The toxicity database is adequate to characterize potential pre- 
and postnatal risk for infants and children.
    ii. No reproductive or developmental effects were observed in rats.
    iii. Although there were slight developmental effects observed 
(skeletal malformations) in rabbits (fetuses), they were seen in the 
presence of maternal toxicity. Additionally, the dose chosen for acute 
dietary risk assessment is protective of the slight developmental 
effects observed in the rabbit developmental toxicity studies.
    c. Based on the discussion in Unit III.A., EPA does not expect 
dietary exposure to ethalfluralin or residues in drinking water to be 

C. Conclusion

    Based upon the findings supporting the 2007 rulemaking and the 
information discussed in Unit III., EPA concludes that there is a 
reasonable certainty that no harm will result to the general 
population, and to infants and children, from aggregate exposures to 
ethalfluralin residues as a result of establishing the tolerances for 
rapeseed subgroup 20A and sunflower subgroup 20B. Refer to the 2007 
rulemaking, available at http://www.regulations.gov, for a detailed 
discussion of the aggregate risk assessments and determination of 

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodologies, two gas chromatography with 
electron capture detection (GC/ECD) methods, are available to enforce 
the tolerance expression. These methods are available in the Pesticide 
Analytical Manual Volume II, section 180.416.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established a MRL for ethalfluralin.

[[Page 40020]]

C. Revisions to Petitioned-For Tolerances

    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 ethalfluralin not specifically 
    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 the herbicide 
ethalfluralin, N-ethyl-N-(2-methyl-2-propenyl)-2,6-dinitro-4-
(trifluoromethyl)-benzenamine, in or on rapeseed subgroup 20A at 0.05 
ppm and sunflower subgroup 20B at 0.05 ppm. This regulation 
additionally removes established tolerances in or on mustard, seed; 
rapeseed, seed; safflower, seed; and sunflower, seed.

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: June 21, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:


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

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

2. In Sec.  180.416:
i. Revise the introductory text of paragraph (a).
ii. Remove the commodities, ``Mustard, seed;'' ``Rapeseed, seed;'' 
``Safflower, seed;'' and ``Sunflower, seed'' from the table in 
paragraph (a).
iii. Add alphabetically the following commodities to the table in 
paragraph (a).
    The amendments read as follows:

Sec.  180.416  Ethalfluralin; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide ethalfluralin, 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 the residues of ethalfluralin, N-ethyl-N-(2-methyl-2-

                                                             Parts per
                        Commodity                             million
                                * * * * *
Rapeseed subgroup 20A...................................            0.05
                                * * * * *
Sunflower subgroup 20B..................................            0.05
                                * * * * *

* * * * *
[FR Doc. 2013-15710 Filed 7-2-13; 8:45 am]