81_FR_26225 81 FR 26141 - Propanamide, 2-hydroxy-N, N-dimethyl- ; Exemption from the Requirement of a Tolerance

81 FR 26141 - Propanamide, 2-hydroxy-N, N-dimethyl- ; Exemption from the Requirement of a Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26141-26146
FR Document2016-10227

This regulation establishes an exemption from the requirement of a tolerance for residues of propanamide, 2-hydroxy-N, N-dimethyl- (CAS Reg. No. 35123-06-9) when used as an inert ingredient (solvent/co- solvent) in pesticides applied to growing crops and raw agricultural commodities after harvest under 40 CFR 180.910 or in pesticides applied to animals under 40 CFR 180.930 limited to maximum concentration of 20% by weight in the pesticide formulation. Spring Trading Company, LLC on behalf of BASF Corporation 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 propanamide, 2- hydroxy-N, N-dimethyl-.

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26141-26146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10227]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0524; FRL-9944-10]


Propanamide, 2-hydroxy-N, N-dimethyl- ; 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 propanamide, 2-hydroxy-N, N-dimethyl- 
(CAS Reg. No. 35123-06-9) when used as an inert ingredient (solvent/co-
solvent) in pesticides applied to growing crops and raw agricultural 
commodities after harvest under 40 CFR 180.910 or in pesticides applied 
to animals under 40 CFR 180.930 limited to maximum concentration of 20% 
by weight in the pesticide formulation. Spring Trading Company, LLC on 
behalf of BASF Corporation submitted a petition to EPA under the 
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment 
of an exemption from the

[[Page 26142]]

requirement of a tolerance. This regulation eliminates the need to 
establish a maximum permissible level for residues of propanamide, 2-
hydroxy-N, N-dimethyl-.

DATES: This regulation is effective May 2, 2016. Objections and 
requests for hearings must be received on or before July 1, 2016, 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-2015-0524, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2015-0524 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 
July 1, 2016. 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-2015-0524, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of September 9, 2015 (80 FR 54257) (FRL-
9933-26), EPA issued a document pursuant to FFDCA section 408, 21 
U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
10782) by Spring Trading Company, LLC (10805 W. Timberwagon Circle 
Spring, TX 77380) on behalf of BASF Corporation (100 Campus Drive, 
Florham Park, NJ 07932). The petition requested that 40 CFR 180.910 and 
40 CFR 180.930 be amended by establishing exemptions from the 
requirement of a tolerance for residues of propanamide, 2-hydroxy-N, N-
dimethyl- (CAS Reg. No. 35123-06-9) when used as an inert ingredient 
(solvent/co-solvent) in pesticide formulations applied to growing crops 
and raw agricultural commodities after harvest or in pesticides applied 
to animals, respectively. That document referenced a summary of the 
petition prepared by Spring Trading Company, LLC on behalf of BASF 
Corporation, the petitioner, 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 
limited the maximum concentration of propanamide, 2-hydroxy-N, N-
dimethyl to 20% by weight in pesticide formulations. The reasons for 
this change are explained in Unit V.B. below.

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

[[Page 26143]]

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.
    Consistent with FFDCA section 408(c)(2)(A), 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 propanamide, 2-hydroxy-N, N-
dimethyl- including exposure resulting from the exemption established 
by this action. EPA's assessment of exposures and risks associated with 
propanamide, 2-hydroxy-N, N-dimethyl- 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 propanamide, 2-hydroxy-N, N-dimethyl- 
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.
    Propanamide, 2-hydroxy-N, N-dimethyl- is of low acute oral, dermal 
and inhalation toxicity in rats; all lethal dose (LD)50s are 
greater than 1,000 mg/kg. Dermal irritation is not observed in rabbits. 
It is mildly irritating to the eyes of rabbits. It is not a dermal 
sensitizer in mice in the lymph node assay.
    The toxicity studies summarized below were all conducted with 
propanamide, 2-hydroxy-N, N-dimethyl- except the chronic toxicity 
study. That study was conducted with N, N-dimethylacetamide, a 
structurally similar chemical. The only difference between the two 
chemicals is that N, N-dimethylacetamide is missing a hydroxyl group on 
a carbon atom. Both compounds are expected to undergo similar 
metabolism (in this case, N-oxidation) by cytochrome P450 enzymes and 
have similar toxicological profiles; therefore, the Agency has 
determined the data to be suitable for evaluating propanamide.
    In rats, 90 days of oral exposure to propanamide, 2-hydroxy-N, N-
dimethyl- results in increased cholesterol and triglyceride levels, 
increased liver weights and centrilobular hypertrophy at 1,000 
milligrams/kilogram/day (mg/kg/day), the limit dose. The NOAEL is 500 
mg/kg/day. Reproduction parameters, estrus cyclicity and sperm 
parameters were also evaluated in this study and were found to be 
unaffected at 1,000 mg/kg/day.
    A developmental toxicity study in rats showed no maternal toxicity 
at 500 mg/kg/day, the highest dose tested. Quantitative fetal 
susceptibility was observed as reduced body weight in pups at 500 mg/
kg/day. The developmental NOAEL was 200 mg/kg/day.
    Propanamide, 2-hydroxy-N, N-dimethyl- was not mutagenic in the 
Chinese hamster ovary (CHO) cells HGPRT locus gene mutation assay or 
the micronucleus test.
    Propanamide, 2-hydroxy-N, N-dimethyl- is not expected to be 
carcinogenic based on the absence of structural alerts using Deductive 
Estimation of Risk from Existing Knowledge (Derek) Nexus program and 
the lack of mutagenicity. It is not expected to be neurotoxic based on 
the functional observation battery or on motor activity in the 90-day 
oral toxicity study in rats.
    Immunotoxicity studies for propanamide, 2-hydroxy-N, N-dimethyl- 
were not available for review. However, evidence of immunotoxicity was 
not observed in the submitted studies.
    Chronic studies with propanamide, 2-hydroxy-N, N-dimethyl- are not 
available for review. However, a chronic study conducted for 12 months 
in rats treated with N, N-dimethylacetamide, a structurally similar 
chemical, was used as surrogate data. In this study toxicity manifested 
as reduced bodyweight was observed at 300 mg/kg/day. The NOAEL is 100 
mg/kg/day.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    An acute effect was not found in the database therefore an acute 
dietary assessment is not necessary. The chronic reference dose (cRfD) 
as well as the toxicity endpoint applicable to all exposure scenarios 
was based on the 12-month chronic toxicity study in rats. In this 
study, the NOAEL was 100 mg/kg/day based on reduced bodyweights at 300 
mg/kg/day, the LOAEL. This represents the lowest NOAEL in the most 
sensitive species in the toxicity database. The standard uncertainty 
factors were applied to account for interspecies (10x) and intraspecies 
(10x) variations. The Food Quality Protection

[[Page 26144]]

Act Safety Factor (FQPA SF) was reduced to 1x. Default values of 100% 
absorption were used in dermal and inhalation toxicity endpoint 
selection.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to propanamide, 2-hydroxy-N, N-dimethyl-, EPA considered 
exposure under the proposed exemption from the requirement of a 
tolerance. EPA assessed dietary exposures from propanamide, 2-hydroxy-
N, N-dimethyl- in food as follows:
    Dietary exposure (food and drinking water) to propanamide, 2-
hydroxy-N, N-dimethyl- can occur following ingestion of foods with 
residues from treated crops and animals. Because no adverse effects 
attributable to a single exposure of propanamide, 2-hydroxy-N, N-
dimethyl- are seen in the toxicity databases, an acute dietary risk 
assessment is not necessary. For the chronic dietary risk assessment, 
EPA used the Dietary Exposure Evaluation Model software with the Food 
Commodity Intake Database (DEEM-FCIDTM, Version 3.16, and 
food consumption information from the U.S. Department of Agriculture's 
(USDA's) 2003-2008 National Health and Nutrition Examination Survey, 
What We Eat in America (NHANES/WWEIA). As to residue levels in food, no 
residue data were submitted for propanamide, 2-hydroxy-N, N-dimethyl-. 
In the absence of specific residue data, EPA has developed an approach 
which uses surrogate information to derive upper bound exposure 
estimates for the subject inert ingredient. Upper bound exposure 
estimates are based on the highest tolerance for a given commodity from 
a list of high use insecticides, herbicides, and fungicides. One 
hundred percent crop treated (PCT) was assumed, default processing 
factors, and tolerance-level residues for all foods and use limitations 
of not more than 20% by weight in pesticide formulations. A complete 
description of the general approach taken to assess inert ingredient 
risks in the absence of residue data is contained in the memorandum 
entitled ``Alkyl Amines Polyalkoxylates (Cluster 4): Acute and Chronic 
Aggregate (Food and Drinking Water) Dietary Exposure and Risk 
Assessments for the Inerts,'' (D361707, S. Piper, 2/25/09) and can be 
found at http://www.regulations.gov in docket ID number EPA-HQ-OPP-
2008-0738.
    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 propanamide, 2-
hydroxy-N, N- dimethyl-, a conservative drinking water concentration 
value of 100 parts per billion (ppb) 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).
    Propanamide, 2-hydroxy-N, N-dimethyl- may be used in inert 
ingredients in products that are registered for specific uses that may 
result in residential exposure, such as pesticides used in and round 
the home. The Agency conducted an assessment to represent worst-case 
residential exposure by assessing propanamide, 2-hydroxy-N, N-dimethyl- 
in pesticide formulations (outdoor scenarios) and in disinfectant-type 
uses (indoor scenarios).
    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 propanamide, 2-hydroxy-N, N-dimethyl- to share a 
common mechanism of toxicity with any other substances, and 
propanamide, 2-hydroxy-N, N-dimethyl- does not appear to produce a 
toxic metabolite produced by other substances. For the purposes of this 
tolerance action, therefore, EPA has assumed that propanamide, 2-
hydroxy-N, N-dimethyl- does not have a common mechanism of toxicity 
with other substances. For information regarding EPA's efforts to 
determine which chemicals have a common mechanism of toxicity and to 
evaluate the cumulative effects of such chemicals, see EPA's Web site 
at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    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 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.
    The toxicity database for propanamide, 2-hydroxy-N, N-dimethyl- 
contains a subchronic, developmental, chronic and mutagenicity studies. 
There is no indication of neurotoxicity or immunotoxicity in the 
available studies; therefore, there is no need to require neurotoxicity 
or immunotoxicity studies. Quantitative fetal susceptibility was 
observed in the developmental study in rats. Fetal toxicity (reduced 
bodyweight) was observed at 500 mg/kg/day, the highest dose tested, 
while toxicity was not observed in maternal animals. The developmental 
NOAEL was 200 mg/kg/day. However, fetal effects are not of concern 
since the cRfD (1mg/kg/day) will be protective of effects seen at 500 
mg/kg/day. In addition, the Agency used conservative exposure 
estimates, with 100 PCT, tolerance-level residues, conservative 
drinking water modeling numbers, and a worst-case assessment of 
potential residential exposure for infants and children. Based on the 
adequacy of the toxicity and exposure databases and the lack of concern 
for prenatal and postnatal sensitivity, the Agency has concluded that 
there is reliable data to determine that infants and children will be 
safe if the FQPA SF of 10x is reduced to 1x.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into 
account acute exposure estimates from dietary consumption of food and 
drinking water. No adverse effect resulting from a single oral exposure 
was identified

[[Page 26145]]

and no acute dietary endpoint was selected.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
propanamide, 2-hydroxy-N, N-dimethyl- from food and water will utilize 
28.4% of the cPAD for children 1-2 years old, the population group 
receiving the greatest exposure.
    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).
    Propanamide, 2-hydroxy-N, N-dimethyl- may be used as an inert 
ingredient in pesticide products 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 propanamide, 2-hydroxy-N, N-
dimethyl-. Using the exposure assumptions described above, EPA has 
concluded that the combined short-term aggregated food, water, and 
residential exposures result in MOEs of 115 for both adult males and 
females. Adult residential exposure combines high-end dermal and 
inhalation handler exposure from liquids/trigger sprayer/home garden 
with a high-end post- application dermal exposure from contact with 
treated lawns. Adult residential exposure combines high-end dermal and 
inhalation handler exposure from liquids/trigger sprayer/home garden 
with a high-end post- application dermal exposure from contact with 
treated lawns. EPA has concluded the combined short-term aggregated 
food, water, and residential exposures result in an aggregate MOE of 
154 for children. Children's residential exposure includes total 
exposures associated with contact with treated lawns (dermal and hand-
to-mouth exposures). As the level of concern is for MOEs that are lower 
than 100, 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).
    Propanamide, 2-hydroxy-N, N-dimethyl- may be used as an inert 
ingredient in pesticide products 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 propanamide, 2-hydroxy-N, N-
dimethyl-. Using the exposure assumptions described above, EPA has 
concluded that the combined intermediate-term aggregated food, water, 
and residential exposures result in aggregate MOEs of 591 for adult 
males and females. Adult residential exposure combines indoor hard 
surface, wiping with a high-end post-application dermal exposure from 
contact with treated lawns. As the level of concern is for MOEs that 
are lower than 100, this MOE is not of concern. EPA has concluded the 
combined intermediate-term aggregated food, water, and residential 
exposures result in an aggregate MOE of 214 for children. Children's 
residential exposure includes total exposures associated with contact 
with treated surfaces (dermal and hand-to-mouth exposures). As the 
level of concern is for MOEs that are lower than 100, this MOE is not 
of concern.
    5. Aggregate cancer risk for U.S. population. Based on a DEREK 
structural alert analysis, the lack of mutagenicity and the lack of 
specific organ toxicity in the chronic toxicity study, propanamide, 2-
hydroxy-N, N-dimethyl- is not expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to propanamide, 2-hydroxy-N, N- dimethyl-.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is not establishing a numerical tolerance for residues of 
propanamide, 2-hydroxy-N, N-dimethyl- in or on any food commodities. 
EPA is establishing a limitation on the amount of propanamide, 2-
hydroxy-N, N-dimethyl- that may be used in pesticide formulations 
applied to growing crops. That limitation will be enforced through the 
pesticide registration process under the Federal Insecticide, 
Fungicide, and Rodenticide Act (``FIFRA''), 7 U.S.C. 136 et seq. EPA 
will not register any pesticide formulation for use on growing crops 
for sale or distribution that exceeds 20% by weight of propanamide, 2-
hydroxy-N, N- dimethyl-.

B. Revisions to Petitioned-For Tolerance Exemptions

    Based upon an evaluation of the data included in the petition, EPA 
is establishing an exemption from the requirement of a tolerance for 
residues of propanamide, 2-hydroxy-N, N-dimethyl when used in pesticide 
formulations as an inert ingredient (solvent/co-solvent), not to exceed 
20% by weight of the formulation, instead of the unlimited use 
requested. When considering unlimited use resulted in aggregate risks 
of concern, the petitioner revised their request to seek a 20% 
limitation by weight of formulation. The basis for this revision can be 
found at http://www.regulations.gov in document ``Propanamide, 2-
hydroxy-N, N-dimethyl-; Human Health Risk Assessment and Ecological 
Effects Assessment to Support Proposed Exemption From the Requirement 
of a Tolerance When Used as an Inert Ingredient in Pesticide 
Formulations'' in docket ID number EPA-HQ-OPP-2015-0524.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established under 40 CFR 180.910 for residues of propanamide, 2-
hydroxy-N, N-dimethyl- (Reg. No. 35123-06-9) when used as an inert 
ingredient (solvent/co-solvent) at a maximum concentration of 20% by 
weight in pesticide formulations applied to growing crops or raw 
agricultural commodities after harvest and under 40 CFR 180.930 when 
used in pesticide formulations applied to animals.

VII. Statutory and Executive Order Reviews

    This action establishes exemptions to the requirement for a 
tolerance under FFDCA section 408(d) in response to a petition 
submitted to the Agency. The Office of Management and Budget (OMB) has 
exempted these types of actions from review under Executive Order 
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, 
October 4, 1993). Because this action has been exempted from review 
under Executive Order 12866, this action is not subject to Executive 
Order 13211, entitled ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997). This action does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special 
considerations under Executive Order 12898, entitled ``Federal Actions 
to Address Environmental Justice in Minority

[[Page 26146]]

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 exemptions in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VIII. 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: April 21, 2016.
Daniel J. Rosenblatt,
Acting 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, add alphabetically the inert ingredient to the 
table to read as follows:


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

* * * * *

------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
Propanamide, 2-hydroxy-N, N-      Not to exceed 20%   Solvent/co-
 dimethyl- (CAS Reg. No. 35123-    by weight in        solvent.
 06-9).                            pesticide
                                   formulation.
 
                              * * * * * * *
------------------------------------------------------------------------


0
3. In Sec.  180.930, add alphabetically the inert ingredient to the 
table to read as follows:


Sec.  180.930  Inert ingredients applied to animals; exemptions from 
the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
Propanamide, 2-hydroxy-N, N-      Not to exceed 20%   Solvent/co-solvent
 dimethyl- (CAS Reg. No. 35123-    by weight in
 06-9).                            pesticide
                                   formulation.
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2016-10227 Filed 4-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                              Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations                                                                                  26141

                                                other required information to the U.S.                                                                                      Parts per                                                          Parts per
                                                                                                                                      Commodity                                                          Commodity
                                                Senate, the U.S. House of                                                                                                    million                                                            million
                                                Representatives, and the Comptroller
                                                General of the United States prior to                                 Fish .............................................          0.30   Stevia ..........................................          0.10
                                                publication of the rule in the Federal                                Fruit, citrus, group 10–10 ...........                      0.10   Strawberrypear ...........................                 0.10
                                                                                                                      Fruit, pome, group 11–10 ...........                        0.10   Sugar apple ................................               0.10
                                                Register. This action is not a ‘‘major                                Fruit, small vine climbing, sub-                                   Sugarcane ..................................               0.15
                                                rule’’ as defined by 5 U.S.C. 804(2).                                    group 13–07F, except Fuzzy                                      Sunflower, subgroup 20B ...........                        0.10
                                                List of Subjects in 40 CFR Part 180                                      kiwifruit ....................................           0.10   Tea, dried ...................................             0.10
                                                                                                                      Fruit, stone, group 12–12 ...........                       0.10   Teff, forage .................................              1.0
                                                  Environmental protection,                                           Goat, fat ......................................            0.10   Teff, grain ...................................            0.25
                                                Administrative practice and procedure,                                Goat, meat ..................................               0.10   Teff, hay ......................................           0.30
                                                Agricultural commodities, Pesticides                                  Goat, meat byproducts ...............                       0.10   Teff, straw ...................................             3.0
                                                and pests, Reporting and recordkeeping                                Grain, aspirated grain fractions ..                          1.8   Ti, leaves ....................................            0.10
                                                requirements.                                                         Grain, cereal, group 15 (except                                    Ti, roots .......................................          0.10
                                                                                                                         rice grain and sorghum grain)                            0.10   Vanilla .........................................          0.10
                                                  Dated: April 25, 2016.                                              Grain, cereal, group 16, forage ..                           1.0   Vegetable, brassica, leafy, group
                                                Susan Lewis,                                                          Grain, cereal, group 16, hay ......                         0.30      5 ..............................................        0.10
                                                Director, Registration Division, Office of                            Grain, cereal, group 16, stover ..                          0.80   Vegetable, bulb, group 3–07 ......                         0.10
                                                Pesticide Programs.                                                   Grain, cereal, group 16, straw ....                          3.0   Vegetable, cucurbit, group 9 ......                        0.10
                                                                                                                      Grass, forage ..............................                 5.0   Vegetable, foliage of legume, ex-
                                                  Therefore, 40 CFR chapter I is                                      Grass, hay ..................................                8.0      cept soybean, subgroup 7A ....                          0.10
                                                amended as follows:                                                   Guava .........................................             0.10   Vegetable, fruiting, group 8–10 ..                         0.10
                                                                                                                      Herbs and spices group 19 ........                           2.0   Vegetable, leafy, except bras-
                                                PART 180—[AMENDED]                                                    Hog, fat .......................................            0.10      sica, group 4 ...........................               0.10
                                                                                                                      Hog, meat ...................................               0.10   Vegetable, leaves of root and
                                                ■ 1. The authority citation for part 180                              Hog, meat byproducts ................                       0.10      tuber, group 2 .........................                0.10
                                                continues to read as follows:                                         Hop, dried cones ........................                   0.10   Vegetable, legume, group 6 .......                         0.10
                                                    Authority: 21 U.S.C. 321(q), 346a and 371.                        Horse, fat ....................................             0.10   Vegetable, root and tuber, group
                                                                                                                      Horse, meat ................................                0.10      1 ..............................................        0.10
                                                ■ 2. In § 180.515, the table in paragraph                             Horse, meat byproducts .............                        0.10   Wasaba, roots ............................                 0.10
                                                (a) is revised to read as follows:                                    Horseradish ................................                0.10   Wax jambu ..................................               0.10
                                                                                                                      Ilama ...........................................           0.10
                                                § 180.515 Carfentrazone-ethyl; tolerance                              Jaboticaba ..................................               0.10     1 Effective Date to be removed: May 18,
                                                for residues.                                                         Kava, roots .................................               0.10   2016.
                                                    (a) * * *                                                         Kiwifruit .......................................           0.10   *        *         *         *         *
                                                                                                                      Longan ........................................             0.10   [FR Doc. 2016–10235 Filed 4–29–16; 8:45 am]
                                                                                                      Parts per       Lychee ........................................             0.10
                                                                Commodity                                             Mango .........................................             0.10   BILLING CODE 6560–50–P
                                                                                                       million
                                                                                                                      Milk .............................................          0.05
                                                Acerola ........................................               0.10   Noni ............................................           0.10
                                                Almond, hulls ..............................                   0.20   Nut, tree, group 14–12 ...............                      0.10   ENVIRONMENTAL PROTECTION
                                                Animal feed, nongrass, crop                                           Olive ............................................          0.10   AGENCY
                                                  group 18, forage .....................                        2.0   Palm heart ..................................               0.10
                                                Animal feed, nongrass, crop                                           Palm heart, leaves ......................                   0.10   40 CFR Part 180
                                                  group 18, hay ..........................                      5.0   Papaya ........................................             0.10
                                                Animal feed, nongrass, crop                                           Passionfruit .................................              0.10   [EPA–HQ–OPP–2015–0524; FRL–9944–10]
                                                  group 18, seed ........................                      15.0   Pawpaw ......................................               0.10
                                                Artichoke, globe ..........................                    0.10   Peanut ........................................             0.10   Propanamide, 2-hydroxy-N, N-
                                                Asparagus ...................................                  0.10   Peanut, hay ................................                0.10   dimethyl- ; Exemption from the
                                                Atemoya ......................................                 0.10   Peppermint, tops ........................                   0.10   Requirement of a Tolerance
                                                Avocado ......................................                 0.10   Persimmon ..................................                0.10
                                                Banana .......................................                 0.10   Pomegranate ..............................                  0.10   AGENCY:  Environmental Protection
                                                Berry, low growing, subgroup                                          Poultry, meat byproducts ............                       0.10   Agency (EPA).
                                                  13–07G ...................................                   0.10   Psyllium, seed ............................                 0.10   ACTION: Final rule.
                                                Birida ...........................................             0.10   Pulasan .......................................             0.10
                                                Bushberry subgroup 13–07B ......                               0.10   Quinoa, grain ..............................                0.10   SUMMARY:   This regulation establishes an
                                                Cacao bean, bean ......................                        0.10   Rambutan ...................................                0.10   exemption from the requirement of a
                                                Cactus .........................................               0.10   Rapeseed, forage .......................                    0.10   tolerance for residues of propanamide,
                                                Caneberry subgroup 13A 1 .........                              0.1   Rapeseed subgroup 20A ............                          0.10   2-hydroxy-N, N-dimethyl- (CAS Reg.
                                                Caneberry subgroup 13–07A .....                                0.10   Rice, grain ..................................               1.3
                                                Canistel .......................................               0.10   Rice, straw 1 ................................               1.0
                                                                                                                                                                                         No. 35123–06–9) when used as an inert
                                                Cattle, fat ....................................               0.10   Sapodilla .....................................             0.10   ingredient (solvent/co-solvent) in
                                                Cattle, meat ................................                  0.10   Sapote, black ..............................                0.10   pesticides applied to growing crops and
                                                Cattle, meat byproducts .............                          0.10   Sapote, mamey ..........................                    0.10   raw agricultural commodities after
                                                Cherimoya ..................................                   0.10   Sheep, fat ...................................              0.10   harvest under 40 CFR 180.910 or in
                                                Coffee, bean, green ....................                       0.10   Sheep, meat ...............................                 0.10   pesticides applied to animals under 40
                                                Cotton, gin byproducts ...............                           10   Sheep, meat byproducts ............                         0.10   CFR 180.930 limited to maximum
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                                                Cotton, hulls 1 .............................                  0.60   Shellfish ......................................            0.30   concentration of 20% by weight in the
                                                Cotton, meal 1 .............................                   0.35   Sorghum, grain ...........................                  0.25   pesticide formulation. Spring Trading
                                                Cotton, refined oil 1 .....................                     1.0   Soursop ......................................              0.10
                                                Cottonseed subgroup 20C .........                              0.20   Soybean, seed ............................                  0.10
                                                                                                                                                                                         Company, LLC on behalf of BASF
                                                Custard apple .............................                    0.10   Spanish lime ...............................                0.10   Corporation submitted a petition to EPA
                                                Date, dried fruit ...........................                  0.10   Spearmint, tops ..........................                  0.10   under the Federal Food, Drug, and
                                                Feijoa ..........................................              0.10   Star apple ...................................              0.10   Cosmetic Act (FFDCA), requesting
                                                Fig ...............................................            0.10   Starfruit .......................................           0.10   establishment of an exemption from the


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                                                26142                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations

                                                requirement of a tolerance. This                        through the Government Printing                       petition (PP IN–10782) by Spring
                                                regulation eliminates the need to                       Office’s e-CFR site at http://                        Trading Company, LLC (10805 W.
                                                establish a maximum permissible level                   www.ecfr.gov/cgi-bin/text-                            Timberwagon Circle Spring, TX 77380)
                                                for residues of propanamide, 2-hydroxy-                 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  on behalf of BASF Corporation (100
                                                N, N-dimethyl-.                                         40tab_02.tpl.                                         Campus Drive, Florham Park, NJ 07932).
                                                DATES: This regulation is effective May                                                                       The petition requested that 40 CFR
                                                                                                        C. How can I file an objection or hearing
                                                2, 2016. Objections and requests for                                                                          180.910 and 40 CFR 180.930 be
                                                                                                        request?                                              amended by establishing exemptions
                                                hearings must be received on or before
                                                July 1, 2016, and must be filed in                        Under FFDCA section 408(g), 21                      from the requirement of a tolerance for
                                                accordance with the instructions                        U.S.C. 346a, any person may file an                   residues of propanamide, 2-hydroxy-N,
                                                provided in 40 CFR part 178 (see also                   objection to any aspect of this regulation            N-dimethyl- (CAS Reg. No. 35123–06–9)
                                                Unit I.C. of the SUPPLEMENTARY                          and may also request a hearing on those               when used as an inert ingredient
                                                INFORMATION).                                           objections. You must file your objection              (solvent/co-solvent) in pesticide
                                                                                                        or request a hearing on this regulation               formulations applied to growing crops
                                                ADDRESSES: The docket for this action,
                                                                                                        in accordance with the instructions                   and raw agricultural commodities after
                                                identified by docket identification (ID)
                                                                                                        provided in 40 CFR part 178. To ensure                harvest or in pesticides applied to
                                                number EPA–HQ–OPP–2015–0524, is
                                                                                                        proper receipt by EPA, you must                       animals, respectively. That document
                                                available at http://www.regulations.gov
                                                                                                        identify docket ID number EPA–HQ–                     referenced a summary of the petition
                                                or at the Office of Pesticide Programs
                                                                                                        OPP–2015–0524 in the subject line on                  prepared by Spring Trading Company,
                                                Regulatory Public Docket (OPP Docket)
                                                                                                        the first page of your submission. All                LLC on behalf of BASF Corporation, the
                                                in the Environmental Protection Agency
                                                                                                        objections and requests for a hearing                 petitioner, which is available in the
                                                Docket Center (EPA/DC), West William
                                                                                                        must be in writing, and must be                       docket, http://www.regulations.gov.
                                                Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                        received by the Hearing Clerk on or                   There were no comments received in
                                                Constitution Ave. NW., Washington, DC
                                                                                                        before July 1, 2016. Addresses for mail               response to the notice of filing.
                                                20460–0001. The Public Reading Room                                                                              Based upon review of the data
                                                is open from 8:30 a.m. to 4:30 p.m.,                    and hand delivery of objections and
                                                                                                        hearing requests are provided in 40 CFR               supporting the petition, EPA has limited
                                                Monday through Friday, excluding legal                                                                        the maximum concentration of
                                                holidays. The telephone number for the                  178.25(b).
                                                                                                          In addition to filing an objection or               propanamide, 2-hydroxy-N, N-dimethyl
                                                Public Reading Room is (202) 566–1744,                                                                        to 20% by weight in pesticide
                                                                                                        hearing request with the Hearing Clerk
                                                and the telephone number for the OPP                                                                          formulations. The reasons for this
                                                                                                        as described in 40 CFR part 178, please
                                                Docket is (703) 305–5805. Please review                                                                       change are explained in Unit V.B.
                                                                                                        submit a copy of the filing (excluding
                                                the visitor instructions and additional                                                                       below.
                                                                                                        any Confidential Business Information
                                                information about the docket available
                                                                                                        (CBI)) for inclusion in the public docket.            III. Inert Ingredient Definition
                                                at http://www.epa.gov/dockets.
                                                                                                        Information not marked confidential
                                                FOR FURTHER INFORMATION CONTACT:                                                                                 Inert ingredients are all ingredients
                                                                                                        pursuant to 40 CFR part 2 may be
                                                Susan Lewis, Registration Division                      disclosed publicly by EPA without prior               that are not active ingredients as defined
                                                (7505P), Office of Pesticide Programs,                  notice. Submit the non-CBI copy of your               in 40 CFR 153.125 and include, but are
                                                Environmental Protection Agency, 1200                   objection or hearing request, identified              not limited to, the following types of
                                                Pennsylvania Ave. NW., Washington,                      by docket ID number EPA–HQ–OPP–                       ingredients (except when they have a
                                                DC 20460–0001; main telephone                           2015–0524, by one of the following                    pesticidal efficacy of their own):
                                                number: (703) 305–7090; email address:                  methods:                                              Solvents such as alcohols and
                                                RDFRNotices@epa.gov.                                      • Federal eRulemaking Portal: http://               hydrocarbons; surfactants such as
                                                SUPPLEMENTARY INFORMATION:                              www.regulations.gov. Follow the online                polyoxyethylene polymers and fatty
                                                                                                        instructions for submitting comments.                 acids; carriers such as clay and
                                                I. General Information
                                                                                                        Do not submit electronically any                      diatomaceous earth; thickeners such as
                                                A. Does this action apply to me?                        information you consider to be CBI or                 carrageenan and modified cellulose;
                                                   You may be potentially affected by                   other information whose disclosure is                 wetting, spreading, and dispersing
                                                this action if you are an agricultural                  restricted by statute.                                agents; propellants in aerosol
                                                producer, food manufacturer, or                           • Mail: OPP Docket, Environmental                   dispensers; microencapsulating agents;
                                                pesticide manufacturer. The following                   Protection Agency Docket Center (EPA/                 and emulsifiers. The term ‘‘inert’’ is not
                                                list of North American Industrial                       DC), (28221T), 1200 Pennsylvania Ave.                 intended to imply nontoxicity; the
                                                Classification System (NAICS) codes is                  NW., Washington, DC 20460–0001.                       ingredient may or may not be
                                                not intended to be exhaustive, but rather                 • Hand Delivery: To make special                    chemically active. Generally, EPA has
                                                provides a guide to help readers                        arrangements for hand delivery or                     exempted inert ingredients from the
                                                determine whether this document                         delivery of boxed information, please                 requirement of a tolerance based on the
                                                applies to them. Potentially affected                   follow the instructions at http://                    low toxicity of the individual inert
                                                entities may include:                                   www.epa.gov/dockets/contacts.html.                    ingredients.
                                                   • Crop production (NAICS code 111).                    Additional instructions on
                                                                                                                                                              IV. Aggregate Risk Assessment and
                                                   • Animal production (NAICS code                      commenting or visiting the docket,
                                                                                                                                                              Determination of Safety
                                                112).                                                   along with more information about
                                                   • Food manufacturing (NAICS code                     dockets generally, is available at                       Section 408(c)(2)(A)(i) of FFDCA
                                                311).                                                   http://www.epa.gov/dockets.                           allows EPA to establish an exemption
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                                                   • Pesticide manufacturing (NAICS                                                                           from the requirement for a tolerance (the
                                                                                                        II. Petition for Exemption                            legal limit for a pesticide chemical
                                                code 32532).
                                                                                                           In the Federal Register of September               residue in or on a food) only if EPA
                                                B. How can I get electronic access to                   9, 2015 (80 FR 54257) (FRL–9933–26),                  determines that the tolerance is ‘‘safe.’’
                                                other related information?                              EPA issued a document pursuant to                     Section 408(b)(2)(A)(ii) of FFDCA
                                                  You may access a frequently updated                   FFDCA section 408, 21 U.S.C. 346a,                    defines ‘‘safe’’ to mean that ‘‘there is a
                                                electronic version of 40 CFR part 180                   announcing the filing of a pesticide                  reasonable certainty that no harm will


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                                                                      Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations                                          26143

                                                result from aggregate exposure to the                   the nature of the adverse effects caused                 Immunotoxicity studies for
                                                pesticide chemical residue, including                   by propanamide, 2-hydroxy-N, N-                       propanamide, 2-hydroxy-N, N-dimethyl-
                                                all anticipated dietary exposures and all               dimethyl- as well as the no-observed-                 were not available for review. However,
                                                other exposures for which there is                      adverse-effect-level (NOAEL) and the                  evidence of immunotoxicity was not
                                                reliable information.’’ This includes                   lowest-observed-adverse-effect-level                  observed in the submitted studies.
                                                exposure through drinking water and in                  (LOAEL) from the toxicity studies are                    Chronic studies with propanamide,
                                                residential settings, but does not include              discussed in this unit.                               2-hydroxy-N, N-dimethyl- are not
                                                occupational exposure. Section                             Propanamide, 2-hydroxy-N, N-                       available for review. However, a chronic
                                                408(b)(2)(C) of FFDCA requires EPA to                   dimethyl- is of low acute oral, dermal                study conducted for 12 months in rats
                                                give special consideration to exposure                  and inhalation toxicity in rats; all lethal           treated with N, N-dimethylacetamide, a
                                                of infants and children to the pesticide                dose (LD)50s are greater than 1,000 mg/               structurally similar chemical, was used
                                                chemical residue in establishing a                      kg. Dermal irritation is not observed in              as surrogate data. In this study toxicity
                                                tolerance and to ‘‘ensure that there is a               rabbits. It is mildly irritating to the eyes          manifested as reduced bodyweight was
                                                reasonable certainty that no harm will                  of rabbits. It is not a dermal sensitizer             observed at 300 mg/kg/day. The NOAEL
                                                result to infants and children from                     in mice in the lymph node assay.                      is 100 mg/kg/day.
                                                aggregate exposure to the pesticide                        The toxicity studies summarized                    B. Toxicological Points of Departure/
                                                chemical residue. . . .’’                               below were all conducted with                         Levels of Concern
                                                   EPA establishes exemptions from the                  propanamide, 2-hydroxy-N, N-dimethyl-
                                                requirement of a tolerance only in those                                                                         Once a pesticide’s toxicological
                                                                                                        except the chronic toxicity study. That
                                                cases where it can be clearly                                                                                 profile is determined, EPA identifies
                                                                                                        study was conducted with N, N-
                                                demonstrated that the risks from                                                                              toxicological points of departure (POD)
                                                                                                        dimethylacetamide, a structurally
                                                aggregate exposure to pesticide                                                                               and levels of concern to use in
                                                                                                        similar chemical. The only difference
                                                chemical residues under reasonably                                                                            evaluating the risk posed by human
                                                                                                        between the two chemicals is that N, N-               exposure to the pesticide. For hazards
                                                foreseeable circumstances will pose no                  dimethylacetamide is missing a
                                                appreciable risks to human health. In                                                                         that have a threshold below which there
                                                                                                        hydroxyl group on a carbon atom. Both                 is no appreciable risk, the toxicological
                                                order to determine the risks from                       compounds are expected to undergo
                                                aggregate exposure to pesticide inert                                                                         POD is used as the basis for derivation
                                                                                                        similar metabolism (in this case, N-                  of reference values for risk assessment.
                                                ingredients, the Agency considers the                   oxidation) by cytochrome P450 enzymes
                                                toxicity of the inert in conjunction with                                                                     PODs are developed based on a careful
                                                                                                        and have similar toxicological profiles;              analysis of the doses in each
                                                possible exposure to residues of the                    therefore, the Agency has determined
                                                inert ingredient through food, drinking                                                                       toxicological study to determine the
                                                                                                        the data to be suitable for evaluating                dose at which no adverse effects are
                                                water, and through other exposures that
                                                                                                        propanamide.                                          observed (the NOAEL) and the lowest
                                                occur as a result of pesticide use in
                                                                                                           In rats, 90 days of oral exposure to               dose at which adverse effects of concern
                                                residential settings. If EPA is able to
                                                                                                        propanamide, 2-hydroxy-N, N-dimethyl-                 are identified (the LOAEL). Uncertainty/
                                                determine that a finite tolerance is not
                                                                                                        results in increased cholesterol and                  safety factors are used in conjunction
                                                necessary to ensure that there is a
                                                                                                        triglyceride levels, increased liver                  with the POD to calculate a safe
                                                reasonable certainty that no harm will
                                                                                                        weights and centrilobular hypertrophy                 exposure level—generally referred to as
                                                result from aggregate exposure to the
                                                inert ingredient, an exemption from the                 at 1,000 milligrams/kilogram/day (mg/                 a population-adjusted dose (PAD) or a
                                                requirement of a tolerance may be                       kg/day), the limit dose. The NOAEL is                 reference dose (RfD)—and a safe margin
                                                established.                                            500 mg/kg/day. Reproduction                           of exposure (MOE). For non-threshold
                                                   Consistent with FFDCA section                        parameters, estrus cyclicity and sperm                risks, the Agency assumes that any
                                                408(c)(2)(A), and the factors specified in              parameters were also evaluated in this                amount of exposure will lead to some
                                                FFDCA section 408(c)(2)(B), EPA has                     study and were found to be unaffected                 degree of risk. Thus, the Agency
                                                reviewed the available scientific data                  at 1,000 mg/kg/day.                                   estimates risk in terms of the probability
                                                and other relevant information in                          A developmental toxicity study in rats             of an occurrence of the adverse effect
                                                support of this action. EPA has                         showed no maternal toxicity at 500 mg/                expected in a lifetime. For more
                                                sufficient data to assess the hazards of                kg/day, the highest dose tested.                      information on the general principles
                                                and to make a determination on                          Quantitative fetal susceptibility was                 EPA uses in risk characterization and a
                                                aggregate exposure for propanamide, 2-                  observed as reduced body weight in                    complete description of the risk
                                                hydroxy-N, N-dimethyl- including                        pups at 500 mg/kg/day. The                            assessment process, see http://
                                                exposure resulting from the exemption                   developmental NOAEL was 200 mg/kg/                    www.epa.gov/pesticides/factsheets/
                                                established by this action. EPA’s                       day.                                                  riskassess.htm.
                                                assessment of exposures and risks                          Propanamide, 2-hydroxy-N, N-                          An acute effect was not found in the
                                                associated with propanamide, 2-                         dimethyl- was not mutagenic in the                    database therefore an acute dietary
                                                hydroxy-N, N-dimethyl- follows.                         Chinese hamster ovary (CHO) cells                     assessment is not necessary. The
                                                                                                        HGPRT locus gene mutation assay or the                chronic reference dose (cRfD) as well as
                                                A. Toxicological Profile                                micronucleus test.                                    the toxicity endpoint applicable to all
                                                  EPA has evaluated the available                          Propanamide, 2-hydroxy-N, N-                       exposure scenarios was based on the 12-
                                                toxicity data and considered their                      dimethyl- is not expected to be                       month chronic toxicity study in rats. In
                                                validity, completeness, and reliability as              carcinogenic based on the absence of                  this study, the NOAEL was 100 mg/kg/
                                                well as the relationship of the results of              structural alerts using Deductive                     day based on reduced bodyweights at
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                                                the studies to human risk. EPA has also                 Estimation of Risk from Existing                      300 mg/kg/day, the LOAEL. This
                                                considered available information                        Knowledge (Derek) Nexus program and                   represents the lowest NOAEL in the
                                                concerning the variability of the                       the lack of mutagenicity. It is not                   most sensitive species in the toxicity
                                                sensitivities of major identifiable                     expected to be neurotoxic based on the                database. The standard uncertainty
                                                subgroups of consumers, including                       functional observation battery or on                  factors were applied to account for
                                                infants and children. Specific                          motor activity in the 90-day oral toxicity            interspecies (10x) and intraspecies (10x)
                                                information on the studies received and                 study in rats.                                        variations. The Food Quality Protection


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                                                26144                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations

                                                Act Safety Factor (FQPA SF) was                         propanamide, 2-hydroxy-N, N-                          and postnatal toxicity and the
                                                reduced to 1x. Default values of 100%                   dimethyl-, a conservative drinking water              completeness of the database on toxicity
                                                absorption were used in dermal and                      concentration value of 100 parts per                  and exposure unless EPA determines
                                                inhalation toxicity endpoint selection.                 billion (ppb) based on screening level                based on reliable data that a different
                                                                                                        modeling was used to assess the                       margin of safety will be safe for infants
                                                C. Exposure Assessment
                                                                                                        contribution to drinking water for the                and children. This additional margin of
                                                   1. Dietary exposure from food and                    chronic dietary risk assessments for                  safety is commonly referred to as the
                                                feed uses. In evaluating dietary                        parent compound. These values were                    FQPA SF. In applying this provision,
                                                exposure to propanamide, 2-hydroxy-N,                   directly entered into the dietary                     EPA either retains the default value of
                                                N-dimethyl-, EPA considered exposure                    exposure model.                                       10X, or uses a different additional safety
                                                under the proposed exemption from the                      3. From non-dietary exposure. The                  factor when reliable data available to
                                                requirement of a tolerance. EPA                         term ‘‘residential exposure’’ is used in              EPA support the choice of a different
                                                assessed dietary exposures from                         this document to refer to non-                        factor.
                                                propanamide, 2-hydroxy-N, N-dimethyl-                   occupational, non-dietary exposure                       The toxicity database for
                                                in food as follows:                                     (e.g., textiles (clothing and diapers),               propanamide, 2-hydroxy-N, N-dimethyl-
                                                   Dietary exposure (food and drinking                  carpets, swimming pools, and hard                     contains a subchronic, developmental,
                                                water) to propanamide, 2-hydroxy-N, N-                  surface disinfection on walls, floors,                chronic and mutagenicity studies. There
                                                dimethyl- can occur following ingestion                 tables).                                              is no indication of neurotoxicity or
                                                of foods with residues from treated                        Propanamide, 2-hydroxy-N, N-                       immunotoxicity in the available studies;
                                                crops and animals. Because no adverse                   dimethyl- may be used in inert                        therefore, there is no need to require
                                                effects attributable to a single exposure               ingredients in products that are                      neurotoxicity or immunotoxicity
                                                of propanamide, 2-hydroxy-N, N-                         registered for specific uses that may                 studies. Quantitative fetal susceptibility
                                                dimethyl- are seen in the toxicity                      result in residential exposure, such as               was observed in the developmental
                                                databases, an acute dietary risk                        pesticides used in and round the home.                study in rats. Fetal toxicity (reduced
                                                assessment is not necessary. For the                    The Agency conducted an assessment to                 bodyweight) was observed at 500 mg/
                                                chronic dietary risk assessment, EPA                    represent worst-case residential                      kg/day, the highest dose tested, while
                                                used the Dietary Exposure Evaluation                    exposure by assessing propanamide, 2-                 toxicity was not observed in maternal
                                                Model software with the Food                            hydroxy-N, N-dimethyl- in pesticide                   animals. The developmental NOAEL
                                                Commodity Intake Database (DEEM–                        formulations (outdoor scenarios) and in               was 200 mg/kg/day. However, fetal
                                                FCIDTM, Version 3.16, and food                          disinfectant-type uses (indoor                        effects are not of concern since the cRfD
                                                consumption information from the U.S.                   scenarios).                                           (1mg/kg/day) will be protective of
                                                Department of Agriculture’s (USDA’s)                       4. Cumulative effects from substances              effects seen at 500 mg/kg/day. In
                                                2003–2008 National Health and                           with a common mechanism of toxicity.                  addition, the Agency used conservative
                                                Nutrition Examination Survey, What We                   Section 408(b)(2)(D)(v) of FFDCA                      exposure estimates, with 100 PCT,
                                                Eat in America (NHANES/WWEIA). As                       requires that, when considering whether               tolerance-level residues, conservative
                                                to residue levels in food, no residue data              to establish, modify, or revoke a                     drinking water modeling numbers, and
                                                were submitted for propanamide, 2-                      tolerance, the Agency consider                        a worst-case assessment of potential
                                                hydroxy-N, N-dimethyl-. In the absence                  ‘‘available information’’ concerning the              residential exposure for infants and
                                                of specific residue data, EPA has                       cumulative effects of a particular                    children. Based on the adequacy of the
                                                developed an approach which uses                        pesticide’s residues and ‘‘other                      toxicity and exposure databases and the
                                                surrogate information to derive upper                   substances that have a common                         lack of concern for prenatal and
                                                bound exposure estimates for the                        mechanism of toxicity.’’                              postnatal sensitivity, the Agency has
                                                subject inert ingredient. Upper bound                      EPA has not found propanamide, 2-                  concluded that there is reliable data to
                                                exposure estimates are based on the                     hydroxy-N, N-dimethyl- to share a                     determine that infants and children will
                                                highest tolerance for a given commodity                 common mechanism of toxicity with                     be safe if the FQPA SF of 10x is reduced
                                                from a list of high use insecticides,                   any other substances, and propanamide,                to 1x.
                                                herbicides, and fungicides. One                         2-hydroxy-N, N-dimethyl- does not
                                                hundred percent crop treated (PCT) was                  appear to produce a toxic metabolite                  E. Aggregate Risks and Determination of
                                                assumed, default processing factors, and                produced by other substances. For the                 Safety
                                                tolerance-level residues for all foods and              purposes of this tolerance action,                       EPA determines whether acute and
                                                use limitations of not more than 20% by                 therefore, EPA has assumed that                       chronic dietary pesticide exposures are
                                                weight in pesticide formulations. A                     propanamide, 2-hydroxy-N, N-dimethyl-                 safe by comparing aggregate exposure
                                                complete description of the general                     does not have a common mechanism of                   estimates to the acute PAD (aPAD) and
                                                approach taken to assess inert                          toxicity with other substances. For                   chronic PAD (cPAD). For linear cancer
                                                ingredient risks in the absence of                      information regarding EPA’s efforts to                risks, EPA calculates the lifetime
                                                residue data is contained in the                        determine which chemicals have a                      probability of acquiring cancer given the
                                                memorandum entitled ‘‘Alkyl Amines                      common mechanism of toxicity and to                   estimated aggregate exposure. Short-,
                                                Polyalkoxylates (Cluster 4): Acute and                  evaluate the cumulative effects of such               intermediate-, and chronic-term risks
                                                Chronic Aggregate (Food and Drinking                    chemicals, see EPA’s Web site at                      are evaluated by comparing the
                                                Water) Dietary Exposure and Risk                        http://www.epa.gov/pesticides/                        estimated aggregate food, water, and
                                                Assessments for the Inerts,’’ (D361707,                 cumulative.                                           residential exposure to the appropriate
                                                S. Piper, 2/25/09) and can be found at                                                                        PODs to ensure that an adequate MOE
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                                                http://www.regulations.gov in docket ID                 D. Safety Factor for Infants and                      exists.
                                                number EPA–HQ–OPP–2008–0738.                            Children                                                 1. Acute risk. An acute aggregate risk
                                                   2. Dietary exposure from drinking                      Section 408(b)(2)(C) of FFDCA                       assessment takes into account acute
                                                water. For the purpose of the screening-                provides that EPA shall apply an                      exposure estimates from dietary
                                                level dietary risk assessment to support                additional tenfold (10X) margin of safety             consumption of food and drinking
                                                this request for an exemption from the                  for infants and children in the case of               water. No adverse effect resulting from
                                                requirement of a tolerance for                          threshold effects to account for prenatal             a single oral exposure was identified


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                                                                      Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations                                          26145

                                                and no acute dietary endpoint was                       2-hydroxy-N, N-dimethyl-. Using the                   requirement of a tolerance for residues
                                                selected.                                               exposure assumptions described above,                 of propanamide, 2-hydroxy-N, N-
                                                  2. Chronic risk. Using the exposure                   EPA has concluded that the combined                   dimethyl when used in pesticide
                                                assumptions described in this unit for                  intermediate-term aggregated food,                    formulations as an inert ingredient
                                                chronic exposure, EPA has concluded                     water, and residential exposures result               (solvent/co-solvent), not to exceed 20%
                                                that chronic exposure to propanamide,                   in aggregate MOEs of 591 for adult                    by weight of the formulation, instead of
                                                2-hydroxy-N, N-dimethyl- from food                      males and females. Adult residential                  the unlimited use requested. When
                                                and water will utilize 28.4% of the                     exposure combines indoor hard surface,                considering unlimited use resulted in
                                                cPAD for children 1–2 years old, the                    wiping with a high-end post-application               aggregate risks of concern, the petitioner
                                                population group receiving the greatest                 dermal exposure from contact with                     revised their request to seek a 20%
                                                exposure.                                               treated lawns. As the level of concern is             limitation by weight of formulation. The
                                                  3. Short-term risk. Short-term                        for MOEs that are lower than 100, this                basis for this revision can be found at
                                                aggregate exposure takes into account                   MOE is not of concern. EPA has                        http://www.regulations.gov in document
                                                short-term residential exposure plus                    concluded the combined intermediate-                  ‘‘Propanamide, 2-hydroxy-N, N-
                                                chronic exposure to food and water                      term aggregated food, water, and                      dimethyl-; Human Health Risk
                                                (considered to be a background                          residential exposures result in an                    Assessment and Ecological Effects
                                                exposure level).                                        aggregate MOE of 214 for children.                    Assessment to Support Proposed
                                                  Propanamide, 2-hydroxy-N, N-                          Children’s residential exposure includes              Exemption From the Requirement of a
                                                dimethyl- may be used as an inert                       total exposures associated with contact               Tolerance When Used as an Inert
                                                ingredient in pesticide products that                   with treated surfaces (dermal and hand-               Ingredient in Pesticide Formulations’’ in
                                                could result in short-term residential                  to-mouth exposures). As the level of                  docket ID number EPA–HQ–OPP–2015–
                                                exposure and the Agency has                             concern is for MOEs that are lower than               0524.
                                                determined that it is appropriate to                    100, this MOE is not of concern.
                                                aggregate chronic exposure through food                                                                       VI. Conclusions
                                                                                                           5. Aggregate cancer risk for U.S.
                                                and water with short-term residential                   population. Based on a DEREK                            Therefore, an exemption from the
                                                exposures to propanamide, 2-hydroxy-                    structural alert analysis, the lack of                requirement of a tolerance is established
                                                N, N-dimethyl-. Using the exposure                      mutagenicity and the lack of specific                 under 40 CFR 180.910 for residues of
                                                assumptions described above, EPA has                    organ toxicity in the chronic toxicity                propanamide, 2-hydroxy-N, N-dimethyl-
                                                concluded that the combined short-term                                                                        (Reg. No. 35123–06–9) when used as an
                                                                                                        study, propanamide, 2-hydroxy-N, N-
                                                aggregated food, water, and residential                                                                       inert ingredient (solvent/co-solvent) at a
                                                                                                        dimethyl- is not expected to pose a
                                                exposures result in MOEs of 115 for                                                                           maximum concentration of 20% by
                                                                                                        cancer risk to humans.
                                                both adult males and females. Adult                                                                           weight in pesticide formulations
                                                                                                           6. Determination of safety. Based on
                                                residential exposure combines high-end                                                                        applied to growing crops or raw
                                                                                                        these risk assessments, EPA concludes
                                                dermal and inhalation handler exposure                                                                        agricultural commodities after harvest
                                                                                                        that there is a reasonable certainty that
                                                from liquids/trigger sprayer/home                                                                             and under 40 CFR 180.930 when used
                                                                                                        no harm will result to the general
                                                garden with a high-end post-                                                                                  in pesticide formulations applied to
                                                                                                        population, or to infants and children
                                                application dermal exposure from                                                                              animals.
                                                                                                        from aggregate exposure to
                                                contact with treated lawns. Adult
                                                                                                        propanamide, 2-hydroxy-N, N-                          VII. Statutory and Executive Order
                                                residential exposure combines high-end
                                                                                                        dimethyl-.                                            Reviews
                                                dermal and inhalation handler exposure
                                                from liquids/trigger sprayer/home                       V. Other Considerations                                  This action establishes exemptions to
                                                garden with a high-end post-                                                                                  the requirement for a tolerance under
                                                application dermal exposure from                        A. Analytical Enforcement Methodology                 FFDCA section 408(d) in response to a
                                                contact with treated lawns. EPA has                       An analytical method is not required                petition submitted to the Agency. The
                                                concluded the combined short-term                       for enforcement purposes since the                    Office of Management and Budget
                                                aggregated food, water, and residential                 Agency is not establishing a numerical                (OMB) has exempted these types of
                                                exposures result in an aggregate MOE of                 tolerance for residues of propanamide,                actions from review under Executive
                                                154 for children. Children’s residential                2-hydroxy-N, N-dimethyl- in or on any                 Order 12866, entitled ‘‘Regulatory
                                                exposure includes total exposures                       food commodities. EPA is establishing a               Planning and Review’’ (58 FR 51735,
                                                associated with contact with treated                    limitation on the amount of                           October 4, 1993). Because this action
                                                lawns (dermal and hand-to-mouth                         propanamide, 2-hydroxy-N, N-dimethyl-                 has been exempted from review under
                                                exposures). As the level of concern is for              that may be used in pesticide                         Executive Order 12866, this action is
                                                MOEs that are lower than 100, these                     formulations applied to growing crops.                not subject to Executive Order 13211,
                                                MOEs are not of concern.                                That limitation will be enforced through              entitled ‘‘Actions Concerning
                                                  4. Intermediate-term risk.                            the pesticide registration process under              Regulations That Significantly Affect
                                                Intermediate-term aggregate exposure                    the Federal Insecticide, Fungicide, and               Energy Supply, Distribution, or Use’’ (66
                                                takes into account intermediate-term                    Rodenticide Act (‘‘FIFRA’’), 7 U.S.C.                 FR 28355, May 22, 2001) or Executive
                                                residential exposure plus chronic                       136 et seq. EPA will not register any                 Order 13045, entitled ‘‘Protection of
                                                exposure to food and water (considered                  pesticide formulation for use on                      Children from Environmental Health
                                                to be a background exposure level).                     growing crops for sale or distribution                Risks and Safety Risks’’ (62 FR 19885,
                                                  Propanamide, 2-hydroxy-N, N-                          that exceeds 20% by weight of                         April 23, 1997). This action does not
                                                dimethyl- may be used as an inert                       propanamide, 2-hydroxy-N, N-                          contain any information collections
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                                                ingredient in pesticide products that                   dimethyl-.                                            subject to OMB approval under the
                                                could result in intermediate-term                                                                             Paperwork Reduction Act (PRA) (44
                                                residential exposure and the Agency has                 B. Revisions to Petitioned-For Tolerance              U.S.C. 3501 et seq.), nor does it require
                                                determined that it is appropriate to                    Exemptions                                            any special considerations under
                                                aggregate chronic exposure through food                   Based upon an evaluation of the data                Executive Order 12898, entitled
                                                and water with intermediate-term                        included in the petition, EPA is                      ‘‘Federal Actions to Address
                                                residential exposures to propanamide,                   establishing an exemption from the                    Environmental Justice in Minority


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                                                26146                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations

                                                Populations and Low-Income                              that Executive Order 13132, entitled                        Register. This action is not a ‘‘major
                                                Populations’’ (59 FR 7629, February 16,                 ‘‘Federalism’’ (64 FR 43255, August 10,                     rule’’ as defined by 5 U.S.C. 804(2).
                                                1994).                                                  1999) and Executive Order 13175,
                                                                                                                                                                    List of Subjects in 40 CFR Part 180
                                                   Since tolerances and exemptions that                 entitled ‘‘Consultation and Coordination
                                                are established on the basis of a petition              with Indian Tribal Governments’’ (65 FR                       Environmental protection,
                                                under FFDCA section 408(d), such as                     67249, November 9, 2000) do not apply                       Administrative practice and procedure,
                                                the exemptions in this final rule, do not               to this action. In addition, this action                    Agricultural commodities, Pesticides
                                                require the issuance of a proposed rule,                does not impose any enforceable duty or                     and pests, Reporting and recordkeeping
                                                the requirements of the Regulatory                      contain any unfunded mandate as                             requirements.
                                                Flexibility Act (RFA) (5 U.S.C. 601 et                  described under Title II of the Unfunded                       Dated: April 21, 2016.
                                                seq.), do not apply.                                    Mandates Reform Act (UMRA) (2 U.S.C.                        Daniel J. Rosenblatt,
                                                                                                        1501 et seq.).                                              Acting Director, Registration Division, Office
                                                   This action directly regulates growers,
                                                food processors, food handlers, and food                   This action does not involve any                         of Pesticide Programs.
                                                retailers, not States or tribes, nor does               technical standards that would require                        Therefore, 40 CFR chapter I is
                                                this action alter the relationships or                  Agency consideration of voluntary                           amended as follows:
                                                distribution of power and                               consensus standards pursuant to section
                                                responsibilities established by Congress                12(d) of the National Technology                            PART 180—[AMENDED]
                                                in the preemption provisions of FFDCA                   Transfer and Advancement Act
                                                                                                        (NTTAA) (15 U.S.C. 272 note).                               ■ 1. The authority citation for part 180
                                                section 408(n)(4). As such, the Agency
                                                                                                                                                                    continues to read as follows:
                                                has determined that this action will not                VIII. Congressional Review Act
                                                have a substantial direct effect on States                                                                              Authority: 21 U.S.C. 321(q), 346a and 371.
                                                or tribal governments, on the                             Pursuant to the Congressional Review                      ■ 2. In § 180.910, add alphabetically the
                                                relationship between the national                       Act (5 U.S.C. 801 et seq.), EPA will                        inert ingredient to the table to read as
                                                government and the States or tribal                     submit a report containing this rule and                    follows:
                                                governments, or on the distribution of                  other required information to the U.S.
                                                power and responsibilities among the                    Senate, the U.S. House of                                   § 180.910 Inert ingredients used pre- and
                                                various levels of government or between                 Representatives, and the Comptroller                        post-harvest; exemptions from the
                                                the Federal Government and Indian                       General of the United States prior to                       requirement of a tolerance.
                                                tribes. Thus, the Agency has determined                 publication of the rule in the Federal                      *        *    *       *   *

                                                                              Inert ingredients                                                           Limits                                Uses


                                                          *                       *                         *                          *                       *                      *                  *

                                                Propanamide, 2-hydroxy-N, N-dimethyl- (CAS Reg. No. 35123–06–9)                        Not to exceed 20% by weight in            Solvent/co-solvent.
                                                                                                                                         pesticide formulation.

                                                          *                       *                         *                          *                       *                      *                  *



                                                ■ 3. In § 180.930, add alphabetically the               § 180.930 Inert ingredients applied to
                                                inert ingredient to the table to read as                animals; exemptions from the requirement
                                                                                                        of a tolerance.
                                                follows:
                                                                                                        *         *     *       *          *

                                                                              Inert ingredients                                                           Limits                                Uses


                                                          *                       *                         *                          *                       *                      *                  *

                                                Propanamide, 2-hydroxy-N, N-dimethyl- (CAS Reg. No. 35123–06–9)                        Not to exceed 20% by weight in            Solvent/co-solvent
                                                                                                                                         pesticide formulation.


                                                          *                       *                         *                          *                       *                      *                  *



                                                [FR Doc. 2016–10227 Filed 4–29–16; 8:45 am]
                                                BILLING CODE 6560–50–P
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Document Created: 2016-04-30 13:35:20
Document Modified: 2016-04-30 13:35:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective May 2, 2016. Objections and requests for hearings must be received on or before July 1, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 26141 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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