[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69636-69642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28643]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0093; FRL-8890-8]


Amides, C5-C9, N-[3-(dimethylamino)propyl] 
and amides, C6-C12, N-[3-(dimethylamino)propyl]; 
Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of amides, C5-C9, N-
[3-(dimethylamino)propyl]; (CAS Reg. No. 1044764-00-2) and amides, 
C6-C12, N-[3-(dimethylamino)propyl]; (CAS Reg. 
No. 1044764-06-8) when used as inert ingredients (surfactants) in 
pesticide formulations applied to growing crops and raw agricultural 
commodities after harvest. Monsanto Company submitted a petition to EPA 
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting 
establishment of an exemption from the requirement of a tolerance. This 
regulation eliminates the need to establish a maximum permissible level 
for residues of amides, C5-C9, N-[3-
(dimethylamino)propyl]; (CAS Reg. No. 1044764-00-2) and amides, 
C6-C12, N-[3-(dimethylamino)propyl]; (CAS Reg. 
No. 1044764-06-8).

DATES: This regulation is effective November 9, 2011. Objections and 
requests for hearings must be received on or before January 9, 2012, 
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: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2011-0093. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Deirdre Sunderland, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0851; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 69637]]

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. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How can I get electronic sccess 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/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the harmonized 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-2011-0093 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
January 9, 2012. 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 that does not contain any 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 a copy of 
your non-CBI objection or hearing request, identified by docket ID 
number EPA-HQ-OPP-2011-0093, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.

II. Petition for Exemption

    In the Federal Register of March 29, 2011 (76 FR 17374) (FRL-8867-
4), EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C. 
346a, announcing the filing of a pesticide petition (PP 0E7815) by 
Monsanto Company, 1300 I Street NW., Suite 450 East, Washington, DC 
20005. The petition requested that 40 CFR 180.910 be amended by 
establishing an exemption from the requirement of a tolerance for 
residues of amides, C5-C9, N-[3-(dimethylamino) 
propyl]; (CAS Reg. No. 1044764-00-2) and amides, C6-
C12, N-[3-(dimethylamino) propyl]; (CAS Reg. No. 1044764-06-
8) when used as an inert ingredient (surfactants) in pesticide 
formulations applied to growing crops and raw agricultural commodities 
after harvest. That notice referenced a summary of the petition 
prepared by Monsanto Company, the petitioner, which is available in the 
docket, http://www.regulations.gov. There were no comments received in 
response to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125 and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): Solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and diatomaceous earth; thickeners such as 
carrageenan and modified cellulose; wetting, spreading, and dispersing 
agents; propellants in aerosol dispensers; microencapsulating agents; 
and emulsifiers. The term ``inert'' is not intended to imply 
nontoxicity; the ingredient may or may not be chemically active. 
Generally, EPA has exempted inert ingredients from the requirement of a 
tolerance based on the low toxicity of the individual inert 
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the 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. * * *
    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be clearly demonstrated that the risks from 
aggregate exposure to pesticide chemical residues under reasonably 
foreseeable circumstances will pose no appreciable risks to human 
health. In order to determine the risks from aggregate exposure to 
pesticide inert ingredients, the Agency considers the toxicity of the 
inert in conjunction with possible exposure to residues of the inert 
ingredient through food, drinking water, and through other exposures 
that occur as a result of pesticide use in residential settings. If EPA 
is able to determine that a finite tolerance is not necessary to ensure 
that there is a reasonable certainty that no harm will result from 
aggregate exposure to the inert ingredient, an exemption from the 
requirement of a tolerance may be established.

[[Page 69638]]

    Consistent with section 408(c)(2)(A) of FFDCA, and the factors 
specified in FFDCA section 408(c)(2)(B), 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 amides, C5-
C9, N-[3-(dimethylamino) propyl] and amides, C6-
C12, N-[3-(dimethylamino) propyl] including exposure 
resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with amides, 
C5-C9, N-[3-(dimethylamino) propyl] and amides, 
C6-C12, N-[3-(dimethylamino) propyl] follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their 
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. Specific information on the studies received and the nature 
of the adverse effects caused by amides, C5-C9, 
N-[3-(dimethylamino) propyl] and amides, C6-C12, 
N-[3-(dimethylamino) propyl] as well as the no-observed-adverse-effect-
level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from 
the toxicity studies are discussed in this unit.
    Acute studies revealed low oral and dermal toxicity (OPPTS 
Harmonized Test Guidelines 870.1100 and 870.1200). When tested on 
rabbits, the chemical was shown to be mildly irritating to the skin and 
severely irritating to the eyes (OPPTS 870.2500 and 870.2400). Skin 
sensitization studies in guinea pigs showed that amides, C5-
C9, N-[3-(dimethylamino) propyl] was not a skin sensitizer 
(OPPTS 870.2600).
    Several repeat dose studies were conducted on amides, 
C5-C9, N-[3-(dimethylamino) propyl] (OPPTS 
870.3050 and 870.3700). A 28-day range finding study on rats showed no 
evidence of toxicity at doses up to 300 milligrams/kilograms/day (mg/
kg/day). Systemic toxicity (e.g., lower body weight gain, food 
consumption, and effects on red blood cells) were noted at 800 and 
1,000 mg/kg/day. Females in the 800 mg/kg/day group also had lower 
organ weights of the liver, spleen, and thymus.
    A second range finding study administered the test substance to 
female rats on gestation days 6-19. All females in the 1,000 mg/kg/day 
group were found dead or euthanized in extremis by gestation day 8. In 
the 500 mg/kg/day group, two females were euthanized in extremis. 
Females in this group exhibited clinical signs of toxicity (e.g., 
rales, increased respiration, gasping, dilated pupils, salivation, and 
body weight gains). There were no test-substance related clinical 
findings noted up to150 mg/kg/day. Intrauterine growth and survival 
were unaffected at dose levels up to 500 mg/kg/day. No external 
malformations or developmental variations were noted in this study. The 
maternal and developmental NOAELs for this study were 150 and 500 mg/
kg/day, respectively.
    A dietary combined 90-day/Reproductive and Developmental Toxicity 
Screening study in rats did not show evidence of toxicity at exposures 
up to 175 mg/kg/day (OPPTS 870.3650/3100). At the high-dose (600 mg/kg/
day), systemic toxicity was exhibited by clinical findings, lower mean 
body weights, body weight gains, and food consumption for males, 
toxicology phase females, and reproductive phase females. Lower ovary, 
uterus, and pituitary weights were noted for the 600 mg/kg/day 
reproductive phase females. In addition, lower litter size, number of 
pups born, implantation sites, and mean pup body weights were noted in 
the 600 mg/kg/day group in the presence of excessive maternal toxicity. 
Therefore, the systemic, reproductive, and developmental NOAELs were 
considered to be 175 mg/kg/day.
    No carcinogenicity studies are available for the inert ingredients 
amides, C5-C9, N-[3-(dimethylamino) propyl] and 
amides, C6-C12, N-[3-(dimethylamino) propyl]. The 
Agency used a qualitative structure activity relationship (SAR) 
database (i.e., DEREK Version 11) to determine if there were structural 
alerts suggestive of carcinogenicity. No structural alerts were 
identified for the parent nor its potential major metabolite 
dimethylaminopropylamine (DMAPA). Based on these results and the 
negative findings in both the mutagenicity (OPPTS 870.5100) and 
clastogenicity (OPPTS 870.5395) studies along with the lack of evidence 
of specific target organ toxicity, the Agency concluded that these 
inert ingredients have low potential to be carcinogenic.
    Functional observational battery (home cage, handling, open field, 
neuromuscular, and physiological observations) and locomotor activity 
(no remarkable shifts in the pattern of habituation) were recorded for 
Sprague-Dawley rats treated with 600 mg/kg/day of the test substance 
and no test-related effects were observed. Although possible evidence 
of neurotoxicity was observed in the OPPTS 870.3700 study at 500 mg/kg/
day (dilated pupils) and 1,000 mg/kg/day (dilated pupils and clonic 
convulsions) these clinical signs were considered to be due to 
generalized toxicity and not of neurologic origin. The Point of 
Departure (POD) of 175 mg/kg/day used in this risk assessment is 
protective of the effects seen at these dose levels.
    The proposed primary route of metabolism is believed to generate 
DMAPA which is marketed as an inert ingredient in pesticide 
formulations. DMAPA (as an inert) has been recently evaluated by the 
Agency and an exemption from tolerance under 40 CFR 180.920 and 180.930 
was established.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological PODs 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.
    The POD used in the risk assessment for short-term, intermediate-
term, and chronic routes of exposure (i.e., oral, dermal, and 
inhalation) was from the OPPTS Harmonized Test Guideline 870.3650 
toxicity study in rats. The NOAEL is 175 mg/kg/day and the LOAEL is 600 
mg/kg/day based on body weight decreases and food consumption for both 
sexes and lower absolute and

[[Page 69639]]

relative-to-brain ovary, uterus, and pituitary weights for the 
reproductive phase females. A 100 fold uncertainty factor was used for 
the chronic exposure (10X interspecies extrapolation, 10X for 
intraspecies variability and 1X Food Quality Protection Act (FQPA) 
factor).
    The residential, occupational, and aggregate level of concern (LOC) 
is for MOEs that are less than 100 and is based on 10X interspecies 
extrapolation, 10X for intraspecies variability and 1X FQPA factor.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to amides, C5-C9, N-[3-(dimethylamino) 
propyl] and amides, C6-C12, N-[3-(dimethylamino) 
propyl], EPA considered exposure under the proposed exemption from the 
requirement of a tolerance. EPA assessed dietary exposures from amides, 
C5-C9, N-[3-(dimethylamino) propyl] and amides, 
C6-C12, N-[3-(dimethylamino) propyl] in food as 
follows:
    The I-Dietary Exposure Evaluation Model (DEEM) is a highly 
conservative model with the assumption that the residue level of the 
inert ingredient would be no higher than the highest tolerance for a 
given commodity. Implicit in this assumption is that there would be 
similar rates of degradation between the active and inert ingredient 
(if any) and that the concentration of inert ingredient in the 
scenarios leading to these highest of tolerances would be no higher 
than the concentration of the active ingredient. The model assumes 100 
percent crop treated (PCT) for all crops (every food eaten by a person 
each day has tolerance-level residues).
    2. Dietary exposure from drinking water. For the purpose of the 
screening level dietary risk assessment to support this request for an 
exemption from the requirement of a tolerance for amides, 
C5-C9, N-[3-(dimethylamino) propyl] and amides, 
C6-C12, N-[3-(dimethylamino) propyl], a 
conservative drinking water concentration value of 100 parts per 
billion based on screening level modeling was used to assess the 
contribution to drinking water for the chronic dietary risk assessments 
for parent compound. These values were directly entered into the 
dietary exposure model.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., textiles (clothing and diapers), carpets, swimming 
pools, and hard surface disinfection on walls, floors, tables).
    These inerts may potentially be added to pesticide formulations 
that are used around the home (i.e., fungicides/insecticides/
herbicides). Although there are no known or anticipated residential 
uses for these inert ingredients, in order to be protective of any 
future uses, a screening level exposure assessment was performed using 
high-end exposure scenarios for outdoor residential uses. The Agency 
selected representative scenarios, based on end-use product application 
methods and labeled application rates.
    The mixer/loader/applicator high exposure outdoor scenarios 
evaluated were Liquid products: Low Pressure Handwand; Liquid products: 
Hose End Sprayer; and Ready to Use (RTU): Trigger Pump Sprayer 
Applications.
    The Agency believes that the handler scenarios assessed represent 
worse-case exposures and risks resulting from the use of outdoor 
pesticide products containing these inert ingredients in residential 
environments.
    Post application high end outdoor residential exposures (i.e., 
Dermal exposure to treated lawns (adults/children), Hand-to-Mouth 
activity for toddlers on treated lawns (children), Object-to-Mouth 
activity for toddlers on treated lawns (children), and Soil ingestion 
from treated soil (children)) were also evaluated.
    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 amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] to share a common mechanism of toxicity with 
any other substances. Amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] may produce the metabolite DMAPA. The toxicity 
of this metabolite is addressed in the database. For the purposes of 
this tolerance action, therefore, EPA has assumed that amides, 
C5-C9, N-[3-(dimethylamino) propyl] and amides, 
C6-C12, N-[3-(dimethylamino) propyl] do 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 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. Prenatal and postnatal sensitivity. Reproductive and 
developmental effects were evaluated in a 90-day study conducted on 
Sprague-Dawley (CD) rats. No evidence of toxicity was noted at exposure 
levels of 15, 50, and 175 mg/kg/day. Systemic toxicity including lower 
mean body weights, body weight gains, and food consumption for both 
sexes and lower absolute and relative-to-brain ovary, uterus, and 
pituitary weights for the reproductive phase females was exhibited at 
600 mg/kg/day. In addition, lower mean live litter size on PND 0, 
number of pups born and implantation sites, and lower mean pup weights 
were noted in the 600 mg/kg/day group. Therefore, the systemic, 
reproductive, and developmental NOAELs are considered to be 175 mg/kg/
day. All reproductive and developmental effects were noted in the 
presence of excessive maternal toxicity; therefore, there was no 
evidence of increased susceptibility in infants and children.
    In addition, an Organization for Economic Cooperation and 
Development (OECD) 421 reproduction and developmental toxicity 
screening test using the metabolite dimethylaminopropylamine in 
Sprague-Dawley rats resulted in parental toxicity at 200 mg/kg/day 
based on decreased body weight gain and clinical signs (respiratory 
sounds and piloerection). Reproductive and developmental toxicity were 
not observed at any dose level.
    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:

[[Page 69640]]

    i. The toxicity database for amides, C5-C9, 
N-[3-(dimethylamino)propyl] and amides, C6-C12, 
N-[3-(dimethylamino)propyl] is adequate for assessing the sensitivity 
to infants and children.
    ii. There is no indication that amides, C5-
C9, N-[3-(dimethylamino)propyl] and amides, C6-
C12, N-[3-(dimethylamino)propyl] are neurotoxic chemicals 
and there is no need for a developmental neurotoxicity study or 
additional UFs to account for neurotoxicity. Although possible evidence 
of neurotoxicity was observed in OPPTS 870.3700 as indicated in the 500 
mg/kg/day group (dilated pupils) and the 1,000 mg/kg/day group (dilated 
pupils and clonic convulsions), these clinical signs were considered to 
be due to generalized toxicity and not of neurologic origin.
    iii. There is no evidence that amides, C5-C9, 
N-[3-(dimethylamino)propyl] and amides, C6-C12, 
N-[3-(dimethylamino)propyl] results in increased susceptibility in in 
utero rats.
    iv. There are no residual uncertainties identified in the exposure 
databases. The food and drinking water assessment is not likely to 
underestimate exposure to any subpopulation, including those comprised 
of infants and children. The food exposure assessments are considered 
to be highly conservative as they are based on the use of the highest 
tolerance level from the surrogate pesticides for every food and 100 
PCT is assumed for all crops. EPA also made conservative (protective) 
assumptions in the ground and surface water modeling used to assess 
exposure to amides, C5-C9, N-[3-
(dimethylamino)propyl] and amides, C6-C12, N-[3-
(dimethylamino)propyl] 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 
amides, C5-C9, N-[3-(dimethylamino)propyl] and 
amides, C6-C12, N-[3-(dimethylamino)propyl].

E. Aggregate Risks and Determination of Safety

    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, 
amides, C5-C9, N-[3-(dimethylamino)propyl] and 
amides, C6-C12, N-[3-(dimethylamino)propyl] are 
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 
amides, C5-C9, N-[3-(dimethylamino)propyl] and 
amides, C6-C12, N-[3-(dimethylamino)propyl] from 
food and water will utilize 35.7 percent of the cPAD for children 1-2 
years old, the population group receiving the greatest exposure. There 
are currently no known residential uses for amides, C5-
C9, N-[3-(dimethylamino)propyl] and amides, C6-
C12, N-[3-(dimethylamino)propyl]. Since there are no current 
or proposed residential uses, chronic exposure is not expected; 
however, inert ingredients are used in a variety of formulations and 
have the potential to be used in residential products. A screening 
level assessment was conducted for residential exposure and the risk 
was below the Agency level of concern.
    Although there is a potential for amides, C5-
C9, N-[3-(dimethylamino)propyl] and amides, C6-
C12, N-[3-(dimethylamino)propyl] to produce the metabolite 
dimethylaminopropylamine (DMAPA), which is currently approved under 40 
CFR 180.920 and 180.930, EPA does not anticipate any risk concerns from 
aggregate exposure to DMAPA for the following reasons:
    i. Evidence from toxicology studies indicates that metabolization 
of amides, C5-C9, N-[3-(dimethylamino)propyl] and 
amides, C6-C12, N-[3-(dimethylamino)propyl], to 
DMAPA does not occur in significant amounts. The parent chemicals 
(i.e., amides, C5-C9, N-[3-(dimethylamino)propyl] 
and amides, C6-C12, N-[3-(dimethylamino)propyl]) 
have a larger and more complete toxicity database which resulted in a 
higher no observed adverse effect level (NOAEL) than the metabolite, 
DMAPA. The POD NOAEL selected for all exposure scenarios for amides, 
C5-C9, N-[3-(dimethylamino)propyl] and amides, 
C6-C12, N-[3-(dimethylamino)propyl] is 175 mg/kg/
day versus the NOAEL of 50 mg/kg/day for DMAPA. If DMAPA is a major 
metabolite of amides, C5-C9, N-[3-
(dimethylamino)propyl] and amides, C6-C12, N-[3-
(dimethylamino)propyl] then the toxicity endpoints for amides, 
C5-C9, N-[3-(dimethylamino)propyl] and amides, 
C6-C12, N-[3-(dimethylamino)propyl] and DMAPA 
would be comparable.
    ii. The previous risk assessment of metabolite DMAPA (as inert 
ingredient) indicates that any marginal increase in DMAPA exposure as a 
result of the use of amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] would not alter the DMAPA risk significantly 
nor change EPA's conclusion regarding the safety of DMAPA. [Federal 
Register August 5, 2009 (74 FR 38924) (FRL-8430-2)]
    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). Amides, 
C5-C9, N-[3-(dimethylamino) propyl] and amides, 
C6-C12, N-[3-(dimethylamino) propyl] have the 
potential to be used as inert ingredients in pesticide products that 
are 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 amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl].
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water, 
and proposed high-end residential exposure scenarios result in 
aggregate MOEs greater than 100. Because EPA's level of concern for 
amides, C5-C9, N-[3-(dimethylamino) propyl] and 
amides, C6-C12, N-[3-(dimethylamino) propyl] 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). Amides, C5-C9, N-[3-(dimethylamino) 
propyl] and amides, C6-C12, N-[3-(dimethylamino) 
propyl] have the potential to be used as inert ingredients in pesticide 
products that are registered for uses that could result in 
intermediate-term residential exposure, and the Agency has determined 
that it is appropriate to aggregate chronic exposure through food and 
water with intermediate-term residential exposures to amides, 
C5-C9, N-[3-(dimethylamino) propyl] and amides, 
C6-C12, N-[3-(dimethylamino) propyl].
    Using the exposure assumptions described in this unit for 
intermediate-term exposures, EPA has concluded that the combined 
intermediate-term food, water, and proposed high-end residential 
exposure scenarios result in aggregate MOEs greater than 100. Because 
EPA's level of concern for amides, C5-C9, N-[3-
(dimethylamino) propyl] and amides, C6-C12, N-[3-
(dimethylamino) propyl] is a MOE of

[[Page 69641]]

100 or below, these MOEs are not of concern.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in various mutagenicity studies, the lack 
of a target organ in any of the toxicity studies conducted, and the 
lack of structural alerts suggestive of carcinogenicity in the 
structural activity database DEREK Version 11, amides, C5-
C9, N-[3-(dimethylamino) propyl] and amides, C6-
C12, N-[3-(dimethylamino) propyl] are 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 amides, C5-C9, N-[3-(dimethylamino) 
propyl] and amides, C6-C12, N-[3-(dimethylamino) 
propyl] residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. 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 U.N. 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 amides, C5-
C9, N-[3-(dimethylamino) propyl] or amides, C6-
C12, N-[3-(dimethylamino) propyl].

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established under 40 CFR 180. 910 for amides, C5-
C9, N-[3-(dimethylamino) propyl]; (CAS Reg. No 1044764-00-2) 
and amides, C6-C12, N-[3-(dimethylamino) propyl]; 
(CAS Reg. No. 1044764-06-8) when used as inert ingredients 
(surfactants) in pesticide formulations applied pre- and post-harvest.

VII. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a 
tolerance under section 408(d) of FFDCA 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 section 408(d) of FFDCA, 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 section 408(n)(4) of FFDCA. 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) (Pub. L.104-4).
    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), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. 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 this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: October 18, 2011.
Lois Rossi,
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.  180.910, the table is amended by adding alphabetically the 
following inert ingredients to read as follows:


Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

* * * * *

[[Page 69642]]



------------------------------------------------------------------------
       Inert ingredients             Limits                Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Amides, C5-C9, N-[3-             ..............  Surfactant
 (dimethylamino) propyl]; CAS
 Reg. No. 1044764-00-2.
Amides, C6-C12, N-[3-            ..............  Surfactant
 (dimethylamino) propyl]; CAS
 Reg. No. 1044764-06-8.
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2011-28643 Filed 11-8-11; 8:45 am]
BILLING CODE 6560-50-P