[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13671-13677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06108]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0660, EPA-HQ-OPP-2015-0720, EPA-HQ-OPP-2015-0723; FRL-
9974-70]


N,N-Dimethyl 9-Decenamide; N,N-Dimethyldodecanamide; N,N-
Dimethyltetradecanamide; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes exemptions from the requirement of 
a tolerance for residues of N,N-dimethyl 9-decenamide (CAS Reg No. 
1356964-77-6); N,N-dimethyldodecanamide (CAS Reg No. 3007-53-2); and 
N,N-dimethyltetradecanamide (CAS Reg No. 3015-65-4) when used as inert 
ingredients (surfactant, solvent) on growing crops and raw agricultural 
commodities after harvest, with a limitation that the concentration of 
the inert ingredient is at a concentration not

[[Page 13672]]

to exceed 20% by weight in a pesticide formulation. Technology Sciences 
Group on behalf of Stepan Company submitted a petition to EPA under the 
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment 
of an exemption from the requirement of a tolerance. This regulation 
eliminates the need to establish a maximum permissible level for 
residues of N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; and 
N,N-dimethyltetradecanamide when used in accordance with the 
established limitations.

DATES: This regulation is effective March 30, 2018. Objections and 
requests for hearings must be received on or before May 29, 2018, 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-2015-0660, EPA-HQ-OPP-2015-0720 
and EPA-HQ-OPP-2015-0723 are 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: Michael Goodis, 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-2015-0660, EPA-HQ-OPP-2015-0720 and EPA-HQ-
OPP-2015-0723 are 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 May 29, 
2018. 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-2015-0660, EPA-HQ-
OPP-2015-0720 and EPA-HQ-OPP-2015-0723 are, 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 November 23, 2015 (80 FR 72941) (FRL-
9936-73), EPA issued a document pursuant to FFDCA section 408, 21 
U.S.C. 346a, announcing the filing of pesticide petitions IN-10791, IN-
10805, and IN-10806 by Technology Sciences Group, (1150 18th Street NW, 
Suite 1000 Washington, DC 20036) on behalf of Stepan Company (22 West 
Frontage Road, Northfield, Illinois 60093). The petitions requested 
that 40 CFR 180.910 be amended by establishing exemptions from the 
requirement of a tolerance for residues of N,N-dimethyl 9-decenamide 
(CAS Reg No. 1356964-77-6) (IN-10791); N,N-dimethyldodecanamide (CAS 
Reg No. 3007-53-2) (IN-10806); and N,N-dimethyltetradecanamide (CAS Reg 
No. 3015-65-4) (IN-10805) when used as inert ingredients (surfactant/
solvent) in pesticide formulations applied to growing crops and raw 
agricultural commodities after harvest. That document referenced 
summaries of the petitions prepared by Technology Sciences Group on 
behalf of Stepan Company, the petitioner, which are available in the 
corresponding dockets, http://www.regulations.gov. A comment was 
received on the notice of filing. EPA's response to this comment is 
discussed in Unit V.C.
    Based upon review of the data supporting the petitions, EPA has 
limited the maximum concentration of N,N-dimethyl 9-decenamide; N,N-
dimethyldodecanamide; and N,N-dimethyltetradecanamide to not more than 
20% by weight in pesticide formulations. The reason for this change is 
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

[[Page 13673]]

agents; propellants in aerosol dispensers; microencapsulating agents; 
and emulsifiers. The term ``inert'' is not intended to imply 
nontoxicity; the ingredient may or may not be chemically active. 
Generally, EPA has exempted inert ingredients from the requirement of a 
tolerance based on the low toxicity of the individual inert 
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to 
give special consideration to exposure of infants and children to the 
pesticide chemical residue in establishing a tolerance and to ``ensure 
that there is a reasonable certainty that no harm will result to 
infants and children from aggregate exposure to the pesticide chemical 
residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be clearly demonstrated that the risks from 
aggregate exposure to pesticide chemical residues under reasonably 
foreseeable circumstances will pose no appreciable risks to human 
health. In order to determine the risks from aggregate exposure to 
pesticide inert ingredients, the Agency considers the toxicity of the 
inert in conjunction with possible exposure to residues of the inert 
ingredient through food, drinking water, and through other exposures 
that occur as a result of pesticide use in residential settings. If EPA 
is able to determine that a finite tolerance is not necessary to ensure 
that there is a reasonable certainty that no harm will result from 
aggregate exposure to the inert ingredient, an exemption from the 
requirement of a tolerance may be established.
    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 N,N-dimethyl 9-decenamide; N,N-
dimethyldodecanamide; and N,N-dimethyltetradecanamide including 
exposure resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with N,N-dimethyl 9-
decenamide; N,N-dimethyldodecanamide; and N,N-dimethyltetradecanamide 
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 N,N-dimethyl 9-decenamide; N,N-
dimethyldodecanamide and N,N-dimethyltetradecanamide 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.
    N,N-dimethyl 9-decenamide is very similar in structure to N,N-
dimethyldecanamide (differing only in the presence of a single double 
bond), and to N,N-dimethyloctanamide (differeing only in alkyl group 
carbon chain length and the presence of a terminal double bond). N,N-
dimethyldodecanamide is very similar in structure to N,N-
dimethyldecanamide and N,N-dimethyloctanamide, differing only in alkyl 
group carbon chain length. Similarly, N,N-dimethyltetradecanamide is 
very similar in structure to N,N-dimethyldecanamide and N,N-
dimethyloctanamide, differing only in alkyl group carbon chain length. 
Based upon these close structural similarities, N,N-dimethyldecanamide 
and N,N-dimethyloctanamide are considered suitable surrogates to 
characterize toxicity due to exposure to N,N-dimethyl 9-decenamide, 
N,N-dimethyldodecanamide, and N,N-dimethyltetradecanamide.
    N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide are not sensitizers. Based on the acute 
toxicity data on surrogate chemicals N,N-dimethyldecanamide and N,N-
dimethyloctanamide, they are expected to be of low oral acute toxicity; 
the lethal dose, (LD50) in rats is 1,770 milligrams/kilogram 
(mg/kg). The acute dermal LD50 is greater than 400 mg/kg and 
the acute inhalation lethal concentration, LC50 is greater 
than 3.55 milligrams/liter (mg/L). They are expected to be a severe 
irritant to the skin and corrosive to the eyes.
    Following subchronic exposure in the diet of the rat, toxicity is 
manifested as an increased incidence of basophilic regenerative tubules 
in the renal cortex as well as a slight increase in the amount of 
protein excreted in the urine at 10,000 parts per million (ppm) (787.6 
mg/kg/day). The no-observed-adverse effect level (NOAEL) is 2,000 ppm 
(136.8 mg/kg/day). In the 6-weeks toxicity study in dogs via gavage, 
decreased food consumption was seen at 1,000 mg/kg/day, the highest 
dose tested. The NOAEL was 500 mg/kg/day.
    No fetal susceptibility is observed in developmental studies in 
rats or rabbits. In rats, maternal and developmental toxicity are 
observed at 450 mg/kg/day. In rats, maternal toxicity is manifested as 
clinical signs, food consumption and increased post-implantation loss. 
Developmental toxicity is manifested as decreased fetal body weight and 
increased incidence of skeletal malformations/variations. In the 
rabbit, neither maternal nor developmental toxicity is observed at dose 
levels up to 1,000 mg/kg/day.
    In a 5-day repeat dose inhalation toxicity study in rats (nose 
only, 6-hour exposure per day), marginally reduced body weight gains 
and goblet cell hyperplasia in the nasal and paranasal cavities were 
seen at 521.2 mg/m\3\ (approximately 426.8 mg/kg/day), the highest dose 
tested. The NOAEL is 111.2 mg/m\3\).
    N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide are negative for gene mutations and 
clastogenicity in the Ames test and the micronucleus assay, 
respectively.
    A Derek Nexus structural alert analysis was conducted with N,N-
dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide and indicated no structural alerts for 
carcinogenicity or mutagenicity. Therefore, N,N-dimethyl 9-decenamide; 
N,N-dimethyldodecanamide, and N,N-dimethyltetradecanamide are not 
expected to be carcinogenic.
    No neurotoxicity or immunotoxicity studies are available for review 
with N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide. However, evidence of potential neurotoxicity 
or immunotoxicity was not observed in the submitted studies.

[[Page 13674]]

    Based on the chemical structure and known mammalian enzymatic 
activities, N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and 
N,N-dimethyltetradecanamide are expected to undergo carboxyamide 
hydrolysis by amidase enzymes that have broad substrate specificity, 
resulting in the corresponding carboxylic acid with a fatty acid 
structure.

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.
    The chronic reference dose (cRfD) as well as all dermal exposure 
scenarios, was based on the 90-day toxicity study in the rat. In this 
study, the LOAEL was 10,000 ppm (equivalent to 787.6 mg/kg/day) based 
on an increased incidence of basophilic regenerative tubules in the 
renal cortex as well as a slight increase in the amount of protein 
excreted in the urine. The NOAEL was 2,000 ppm (equivalent to 136.8 mg/
kg/day). 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 additional uncertainty factor was reduced to 3x to account for 
extrapolation from subchronic to chronic exposures scenarios because 
the kidney effects were reversible and observed in male rats only. 
Additionally, in the dog following 6 weeks of oral exposure, no signs 
of toxicity were observed up to 500 mg/kg/day and the only sign of 
toxicity (decreased food consumption) was observed at the limit dose of 
1,000 mg/kg/day. The 5-day inhalation toxicity study in rats was not 
selected for inhalation exposure assessment because oral end point and 
inhalation end points yielded comparable NOAEL. In addition, the nasal 
effects seen in this study is primarily due to irritation and 
marginally decreased in reduced body weight would have observed in the 
oral study. A dermal absorption factor of 85% was applied based on a 
dermal penetration study in rats and an in vitro dermal absorption 
study with human skin. The default value of 100% absorption was used 
for the inhalation absorption factor. The resultant chronic population 
adjusted dose (cPAD) is 0.456 mg/kg/day. The MOEs for short-term and 
intermediate-term occupational and residential exposures are 100.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; and 
N,N-dimethyltetradecanamide, EPA considered exposure under the proposed 
exemption from the requirement of a tolerance. EPA assessed dietary 
exposures from N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; and 
N,N-dimethyltetradecanamide in food as follows:
    Dietary exposure (food and drinking water) to N,N-dimethyl 9-
decenamide; N,N-dimethyldodecanamide; and N,N-dimethyltetradecanamide 
can occur following ingestion of foods with residues from treated 
crops. Because no adverse effects attributable to a single exposure of 
N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; or N,N-
dimethyltetradecanamide 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 N,N-dimethyl 
9-decenamide; N,N-dimethyldodecanamide; or N,N-dimethyltetradecanamide. 
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 was assumed, default processing factors, 
and tolerance-level residues for all foods and use limitations of not 
more than 20% 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 N,N-dimethyl 9-
decenamide; N,N-dimethyldodecanamide; and N,N-dimethyltetradecanamide, 
a conservative drinking water concentration value of 100 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).
    N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; and N,N-
dimethyltetradecanamide may be used as inert ingredients in products 
that are registered for specific uses that may result in residential 
exposure, such as pesticides used in and around the home. The Agency 
conducted a conservative assessment of potential residential exposure 
by assessing N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; and 
N,N-dimethyltetradecanamide in pesticide formulations (outdoor 
scenarios) and in disinfectant-type uses (indoor scenarios). The 
Agency's assessment of

[[Page 13675]]

adult residential exposure combines high-end dermal and inhalation 
handler exposure from liquids/trigger sprayer/home garden and indoor 
hard surface, wiping with a high-end post application dermal exposure 
from contact with treated lawns. The Agency's assessment of children's 
residential exposure includes total post-application exposures 
associated with total exposures associated with contact with treated 
lawns and surfaces (dermal and hand-to-mouth exposures).
    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 N,N-dimethyl 9-decenamide; N,N-
dimethyldodecanamide; and N,N-dimethyltetradecanamide to share a common 
mechanism of toxicity with any other substances, and N,N-dimethyl 9-
decenamide; N,N-dimethyldodecanamide; and N,N-dimethyltetradecanamide 
do not appear to produce a toxic metabolite produced by other 
substances. For the purposes of this tolerance action, therefore, EPA 
has assumed that N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; 
and N,N-dimethyltetradecanamide do not have a common mechanism of 
toxicity with other substances. For information regarding EPA's efforts 
to determine which chemicals have a common mechanism of toxicity and to 
evaluate the cumulative effects of such chemicals, see EPA's website at 
http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply an additional tenfold (10X) margin of safety for infants 
and children in the case of threshold effects to account for prenatal 
and postnatal toxicity and the completeness of the database on toxicity 
and exposure unless EPA determines based on reliable data that a 
different margin of safety will be safe for infants and children. This 
additional margin of safety is commonly referred to as the Food Quality 
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA 
either retains the default value of 10X, or uses a different additional 
safety factor when reliable data available to EPA support the choice of 
a different factor.
    2. Prenatal and postnatal sensitivity. The toxicity database for 
N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; and N,N-
dimethyltetradecanamide contains subchronic and developmental toxicity 
studies conducted with surrogate chemicals. Increased fetal 
susceptibility is not observed in either of the developmental toxicity 
studies in rats or rabbits. In rats, maternal (clinical signs, food 
consumption and increased post-implantation loss) and developmental 
(fetal body weight, increased incidence of skeletal malformations/
variations) toxicity were observed at 450 mg/kg/day. In the rabbit, 
neither maternal nor developmental toxicity was observed up to 1,000 
mg/kg/day. Reproduction toxicity studies were not available; however, 
increased post-implantation loss is observed at 450 mg/kg/day in the 
developmental toxicity study in rats. The established cRfD will be 
protective of the observed effect. In addition, the Agency used 
conservative exposure estimates, with 100 percent crop treated, 
tolerance-level residues, conservative drinking water modeling numbers, 
and a conservative assessment of potential residential exposure for 
infants and children. Based on the adequacy of the toxicity database, 
the conservative nature of the exposure assessment, 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 for short 
and intermediate-term exposure and 3 x for chronic exposure assessment.

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 and no acute dietary endpoint was selected. Therefore, 
N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide are not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide from food and water will utilize 62.3% 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).
    N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide may be used as inert ingredients in pesticide 
products that are registered for uses that could result in short-term 
residential exposure, and the Agency has determined that it is 
appropriate to aggregate chronic exposure through food and water with 
short-term residential exposures to N,N-dimethyl 9-decenamide, N,N-
dimethyldodecanamide, and N,N-dimethyltetradecanamide.
    Using the exposure assumptions described above for short-term 
exposures, EPA has concluded the combined short-term food, water, and 
residential exposures result in aggregate MOEs of 680 for both adult 
males and females. EPA has concluded the combined short-term aggregated 
food, water, and residential pesticide exposures result in an aggregate 
MOE of 359 for children. Because EPA's level of concern for N,N-
dimethyl 9-decenamide; N,N-dimethyldodecanamide; and N,N-
dimethyltetradecanamide is a MOE of 100 or below, these MOEs are not of 
concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level).
    N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide may be used as inert ingredients in pesticide 
products that are registered for uses that could result in 
intermediate-term residential exposure, and the Agency has determined 
that it is appropriate to aggregate chronic exposure through food and 
water with intermediate-term residential exposures to N,N-dimethyl 9-
decenamide, N,N-

[[Page 13676]]

dimethyldodecanamide, and N,N-dimethyltetradecanamide.
    Using the exposure assumptions described above for intermediate-
term exposures, EPA has concluded that the combined intermediate-term 
food, water, and residential exposures result in aggregate MOEs of 1475 
for adult males and females. EPA has concluded the combined 
intermediate-term aggregated food, water, and residential exposures 
result in an aggregate MOE of 394 for children. Because EPA's level of 
concern for N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and 
N,N-dimethyltetradecanamide is a MOE of 100 or below, these MOEs are 
not of concern.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
structural alerts in a DEREK structural alert analysis and the lack of 
mutagenicity, N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and 
N,N-dimethyltetradecanamide 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 N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and 
N,N-dimethyltetradecanamide residues.

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 
N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide and N,N-
dimethyltetradecanamide in or on any food commodities. EPA is 
establishing limitations on the amount of N,N-dimethyl 9-decenamide; 
N,N-dimethyldodecanamide and N,N-dimethyltetradecanamide that may be 
used in pesticide formulations applied to growing crops. These 
limitations 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 or raw agricultural commodities 
after harvest for sale or distribution that exceeds 20% by weight of 
N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, and N,N-
dimethyltetradecanamide unless additional data are submitted that 
demonstrate a higher concentration would be safe.

B. Revisions to Petitioned-For Tolerances

    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 N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide,and 
N,N-dimethyltetradecanamide when used in pesticide formulations as 
inert ingredients (surfactant/solvent), not to exceed 20% by weight of 
the formulation, instead of the unlimited use requested. Because 
unlimited use of N,N-dimethyl 9-decenamide; N,N-dimethyldodecanamide; 
or N,N-dimethyltetradecanamide resulted in aggregate risks of concern, 
EPA is establishing a 20% limitation in formulation to support the 
safety finding of these tolerance exemptions. The concern for unlimited 
use of theses inert ingredients is documented on page 4 of the Agency's 
risk assessment documents ``N,N-dimethyl 9-decenamide, N,N-
dimethyldodecanamide, and N,N-dimethyltetradecanamide; 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,'' which can be found at http://www.regulations.gov in in docket ID number EPA-HQ-OPP-2015-0660, EPA-
HQ-OPP-2015-0720 and EPA-HQ-OPP-2015-0723, respectively.

C. Response to Comments

    The comment was received from a private citizen who opposed the 
authorization to sell any pesticide that leaves a residue on food. The 
Agency recognizes that some individuals believe that no residue of 
pesticides should be allowed. However, under the existing legal 
framework provided by section 408 of the Federal Food, Drug and 
Cosmetic Act (FFDCA) EPA is authorized to establish pesticide 
tolerances or exemptions where persons seeking such tolerances or 
exemptions have demonstrated that the pesticide meets the safety 
standard imposed by the statute. EPA has evaluated all the available 
data and concluded that there is a reasonable certainty of no harm from 
the limited use of N,N-dimethyl 9-decenamide, N,N-dimethyldodecanamide, 
and N,N-dimethyltetradecanamide as inert ingredients in pesticide 
formulations. The commenter has not provided any information supporting 
a conclusion that such exposure will not be safe.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established under 40 CFR 180.910 for residues of N,N-dimethyl 9-
decenamide (CAS Reg No. 1356964-77-6), N,N-dimethyldodecanamide (CAS 
Reg No. 3007-53-2), and N,N-dimethyltetradecanamide (CAS Reg No. 3015-
65-4) when used as inert ingredients (surfactant, solvent) at a maximum 
concentration not to exceed 20% by weight in any pesticide formulation 
applied to growing crops or raw agricultural commodities after harvest.

VII. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of 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); Executive Order 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997); or Executive Order 13771, entitled ``Reducing 
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3, 
2017). 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 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 exemption 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

[[Page 13677]]

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: March 12, 2018.
Michael L. Goodis,
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 ingredients 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
------------------------------------------------------------------------
 
                              * * * * * * *
N,N-Dimethyl 9-decenamide (CAS  Not to exceed 20% by    Surfactant,
 Reg. No. 1356964-77-6).         weight of pesticide     solvent
                                 formulation.
N,N-Dimethyldodecanamide (CAS   Not to exceed 20% by    Surfactant,
 Reg. No. 3007-53-2).            weight of pesticide     solvent
                                 formulation.
 
                              * * * * * * *
N,N-Dimethyltetradecanamide     Not to exceed 20% by    Surfactant,
 (CAS Reg. No. 3015-65-4).       weight of pesticide     solvent
                                 formulation.
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2018-06108 Filed 3-29-18; 8:45 am]
 BILLING CODE 6560-50-P


