69636 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 

Statement of Energy Effects under 

Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

establishes a safety zone. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Amend § 165.506 as follows: 

■ a. From November 20, 2011 through 

November 26, 2011 in § 165.506, Table 

to § 165.506, suspend entry (d)10. 

■ b. From 5:30 p.m. to 8:30 p.m. on 

November 26, 2011, in § 165.506, Table 

to § 165.506, add entry (d)(14) to read as 

follows: 

§ 165.506 Safety Zones; Fifth Coast Guard 

District Fireworks Displays. 

* * * * * 

(d) Enforcement period. * * * 

No. Date Location Regulated area 

*******

14 ...... November 26, 2011 ..................... Motts Channel, Banks Channel, 

Wrightsville Beach, NC, Safety 

Zone.

All waters of Motts Channel within a 300 yard radius of latitude 

34°12′19′′ N, longitude 077°48′16′′ W, a position located on 

the east end of Bird Island, Wrightsville Beach, NC. 

* * * * * 

Dated: October 20, 2011. 

Anthony Popiel, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2011–28850 Filed 11–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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: 

sunderland.deirdre@epa.gov. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 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/textidx?&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. 


jlentini on DSK4TPTVN1PROD with RULES
69638 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 

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-observedadverse-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 testsubstance 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 SpragueDawley 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 


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Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 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 nonoccupational, 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 relativeto-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 SpragueDawley 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: 


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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 intermediateterm 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 


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Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 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] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.910, the table is amended 

by adding alphabetically the following 

inert ingredients to read as follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 


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69642 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 

Inert ingredients Limits Uses 

*******

Amides, C5-C9, N-[3-(dimethylamino) propyl]; CAS Reg. No. 1044764–00–2 ..................................................... ........................ Surfactant 

Amides, C6-C12, N-[3-(dimethylamino) propyl]; CAS Reg. No. 1044764–06–8 ................................................... ........................ Surfactant 

* * * * * * * 

[FR Doc. 2011–28643 Filed 11–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0876; FRL–9325–6] 

Flutriafol; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of flutriafol, ((±)- 

a-(2-fluorophenyl)-a-(4-fluorophenyl)- 

1H-1,2,4-triazole-1-ethanol, in or on 

multiple commodities which are 

identified and discussed later in this 

document. Cheminova A/S, c/o 

Cheminova, Inc. requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

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–2010–0876. 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: 

Tamue L. Gibson, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–9096; email address: 

gibson.tamue@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. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• 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 to provide 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 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://ecfr.gpoaccess.gov/cgi/t/ 

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ 

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010]–0876 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–2010–0876, 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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of December 

15, 2010 (75 FR 78241) (FRL–8853–1), 

EPA issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of 


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