Lipase, Triacylglycerol; Exemption From the Requirement of a Tolerance, 55264-55268 [2011-22844]
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
contact the COTP or a designated
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to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
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(d) Effective period. This section is
effective from 11 a.m. through 9 p.m. on
September 17, 2011.
Dated: August 19, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2011–22773 Filed 9–6–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–0271; FRL: 8882–4]
Lipase, Triacylglycerol; Exemption
From the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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I. General Information
This regulation establishes an
exemption from the requirement of a
tolerance for residues of lipase,
triacylglycerol (CAS Reg. No. 9001–62–
1) when used as a component of food
contact sanitizing solutions applied to
all food contact surfaces in public eating
places, dairy-processing equipment, and
food-processing equipment and utensils
at a maximum level in the end-use
concentration of 500 parts per million
(ppm). Novozymes North America, Inc.
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 lipase,
triacylglycerol.
DATES: This regulation is effective
September 7, 2011. Objections and
requests for hearings must be received
on or before November 7, 2011, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–0271 All documents in the
docket are listed in the docket index
SUMMARY:
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available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Fertich, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 347–8560 e-mail address:
fertich.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
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Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–0271 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 November 7, 2011. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2010–0271, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Petition for Exemption
In the Federal Register of February
25, 2011 (76 FR 1058) (FRL–8863–4),
EPA issued a notice pursuant to section
408 of FFDCA, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (PP 0E7697) by Novozymes
North America, Inc., P.O. Box 576, 77
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Perry Chapel Church Road, Franklinton,
NC 27525. The petition requested that
40 CFR 180.950 be amended by
establishing an exemption from the
requirement of a tolerance for residues
of lipase, triacylglycerol (CAS Reg. No.
9001–62–(1), Hereafter referred to as
triacylglycerol lipase, when used as an
inert ingredient as an aid in the removal
of lipids in antimicrobial pesticide
formulations applied to food contact
surfaces. That notice referenced a
summary of the petition prepared by
Novozymes North America, Inc., the
petitioner, which is available in the
docket, https://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
modified the exemption requested by
establishing an exemption from the
requirement under 40 CFR 180.940(a)
with a limitation of triacylglycerol
lipase of 500 ppm in final pesticide
formulations. This limitation is based
on the Agency’s risk assessment which
can be found at https://
www.regulations.gov in document ‘‘PC
Code 908800: Lipase, triacylglycerol
lipase (CAS Reg. No. 9001–62–1);
Human Health Risk Assessment and
Ecological Effects Assessment to the
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–2010–0271.
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
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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 section 408(c)(2)(A)
of FFDCA, and the factors specified in
FFDCA section 408(c)(2)(B), EPA has
reviewed the available scientific data
and other relevant information in
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
aggregate exposure for triacylglycerol
lipase including exposure resulting from
the exemption established by this
action. EPA’s assessment of exposures
and risks associated with triacylglycerol
lipase 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
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concerning the variability of the
sensitivities of major identifiable
subgroups of consumers, including
infants and children.
The toxicology database is adequate to
support the use of triacylglycerol lipase
as a component of food contact
sanitizing solutions. Triacylglycerol
lipases are a class of lipase enzymes that
catalyze the hydrolysis of fatty acid
ester bonds in the triacylglycerol
molecule in aqueous solutions. Like
other enzymes, triacylglycerol lipase is
a protein that acts as a catalyst to
increase the rate of chemical reactions
and is produced by all living cells.
The acute toxicity studies of
triacylglycerol lipase show low toxicity.
The test material is not acutely toxic by
the oral or inhalation routes. It is also
not a dermal irritant, eye irritant or
dermal sensitizer.
Triacylglycerol lipase was also not
toxic in short-term studies. In a 2 week
study, Sprague-Dawley rats were dosed
once daily by gavage at dose levels of 0,
0.2, 2 or 10 grams kilogram day (g/kg/
day) and in a second 13 week study,
Sprague-Dawley rats were administered
the same test material at dose levels of
0, 0.2, 1 and 5 g/kg/day. There were no
treatment related clinical signs, nor any
toxicity seen in either study.
In a 2-generation reproductive toxicity
study in Sprague-Dawley rats,
triacylglycerol lipase was administered
orally to 5 treatment groups of rats. Each
group contained 24 males and 24
females and received diets containing 0,
0.5, 1.5 or 5.0% of the test material by
weight in the diet (equivalent to 0, 500,
1,500 or 5,000 milligrams kilogram body
weight day (mg/kg/bw/day). There were
no effects of treatment with the test
material on either F0 or F1 fertility,
general reproductive performance and
systemic toxicity at exposure levels of
up to 5,000 mg/kg/bw/day. No treatment
related effects were observed on the
developmental parameters evaluated in
this study at doses up to and including
5,000 mg/kg/day.
As with other proteins, inhalation
exposure to lipases may lead to
potential respiratory (Type 1) allergy.
Specific information on the studies
received and the nature of the adverse
effects caused by triacylglycerol lipase
as well as the no-observed-adverseeffect-level (NOAEL) and the lowestobserved-adverse-effect-level (LOAEL)
from the toxicity studies can be found
at https://www.regulations.gov in the
document ‘‘PC Code 908800: Lipase,
triacylglycerol (CAS Reg. No. 9001–62–
1); Human Health Risk Assessment and
Ecological Effects Assessment to the
Support Proposed Exemption from the
Requirement of a Tolerance When Used
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as an Inert Ingredient in Pesticide
Formulations,’’ p. 7 in docket ID
number EPA–HQ–OPP–2010–0271.
B. Toxicological Points of Departure/
Levels of Concern
Triacylglycerol lipase is not toxic by
the oral or dermal routes. No toxicity
endpoint of concern was identified in
the available toxicity studies. There
were also no adverse effects observed in
acute toxicity studies and short-term
toxicity studies at doses up to 10 kg/
day. No toxicity was observed in a 2generation reproductive toxicity study
in rats at doses up to 5% (equivalent to
5,000 mg/kg/bw/day). A quantitative
risk assessment for the dietary and
residential exposure from the oral and
dermal routes is not necessary since no
endpoint of concern was identified in
the available database. Inhalation
exposure to enzymes, including
triacylglycerol lipase, may lead to
potential respiratory (Type 1) allergy.
C. Exposure Assessment
Lipases are necessary for lipid
metabolism and are found in almost all
living organisms, as well as being
regularly consumed in foods. As with
other enzymes, lipases are common in
fresh and processed foods and are
consumed by humans every day.
No hazard endpoint of concern was
identified for the acute and chronic
dietary assessment (food and drinking
water), or for the short, intermediate,
and long term dermal residential
assessments, therefore, acute and
chronic dietary and short-, intermediate-, and long-term dermal residential
exposure assessments were not
performed.
Residential (dermal and inhalation)
exposures to triacylglycerol lipase from
home uses, such as components of
laundry detergents and food contact
surface sanitizing solutions, are also
possible. The limitation of 500 ppm for
tricylglycerol lipase in final pesticide
formulations will result in exposures
several orders of magnitude at or below
1 nanogram per cubic meter (ng/m3), the
common level at which allergic
symptoms have not been observed.
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D. 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.’’
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EPA has not found triacylglycerol
lipase to share a common mechanism of
toxicity with any other substances, and
triacylglycerol lipase does not appear to
produce a toxic metabolite produced by
other substances. For the purposes of
this tolerance action, therefore, EPA has
assumed that triacylglycerol lipase 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 https://
www.epa.gov/pesticides/cumulative.
E. Safety Factor for Infants and Children
In general. Section 408(b)(2)(C) of
FFDCA provides that EPA shall apply
an additional tenfold (10X) margin of
safety for infants and children in the
case of threshold effects to account for
prenatal and postnatal toxicity and the
completeness of the database on toxicity
and exposure unless EPA determines
based on reliable data that a different
margin of safety will be safe for infants
and children. This additional margin of
safety is commonly referred to as the
FQPA Safety Factor (SF). In applying
this provision, EPA either retains the
default value of 10X, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
No developmental toxicity studies are
available in the database. However,
there were no adverse effects in a 2generation reproductive toxicity study
in rats at doses up to 5% (equivalent to
5,000 mg/kg/bw/day). Also no systemic
toxicity was observed at doses up to
10 g/kg/day in a 2-week, sub-acute oral
toxicity study in rats and no systemic
toxicity observed at 5 g/kg/day in a
13-week oral toxicity study in rats. No
systemic toxicity was observed in
laboratory animals at high doses,
indicating relatively low hazard
potential. There was no evidence of
clinical signs of neurotoxicity; therefore,
developmental neurotoxicity study is
not required. In addition, no evidence of
immunotoxicity was seen in the
database; therefore, an immunotoxicity
study is not required. In terms of
hazard, there are low concerns and no
residual uncertainties regarding prenatal
and/or postnatal toxicity. Based on this
information, there is no concern at this
time for increased sensitivity to infants
and children to triacylglycerol lipase
when used as an inert ingredient in
pesticide formulations and a safety
factor analysis has not been used to
assess risk. For the same reason, EPA
has determined that an additional safety
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factor is not needed to protect the safety
of infants and children.
F. Aggregate Risks and Determination of
Safety
Given the lack of concern for hazard
posed by triacylglycerol lipase, EPA
concludes that there are no dietary or
aggregate dietary/non-dietary risks of
concern as a result of exposure to
triacylglycerol lipase in food and water
or from residential exposure. Residues
of concern are not anticipated for
dietary exposure (food and drinking
water) or for residential exposure
(dermal) from the use of triacylglycerol
lipase as an inert ingredient in pesticide
products. As discussed in this unit, EPA
expects aggregate exposure to
triacylglycerol lipase to pose no
appreciable dietary risk given that the
data show a lack of systemic toxicity at
doses up to 5,000 mg/kg/day and a lack
of any apparent developmental effects.
Inhalation exposure to enzymes,
including triacylglycerol lipase, may
lead to potential respiratory (Type 1)
allergy. Although there is no welldefined threshold for the induction of
sensitization to the potential allergic
effects from exposure to enzymes such
as triacylglycerol lipase, allergic
symptoms have not been observed when
inhalation exposure levels are at or
below 1 ng/m3. A limitation of 500 ppm
of triacylglycerol lipase in final
pesticide formulations will result in
exposures several orders of magnitude
below 1 ng/m3. This limitation will
ensure that inhalation exposures to
triacylglycerol lipase will be below the
threshold for adverse respiratory effects
and is protective of any potential
respiratory allergy concerns.
Taking into consideration all available
information on triacylglycerol lipase at
a maximum of 500 ppm in final
pesticide formulations, EPA has
determined that there is a reasonable
certainty that no harm to any population
subgroup will result from aggregate
exposure to triacylglycerol lipase under
reasonably foreseeable circumstances.
Therefore, the establishment of an
exemption from tolerance under 40 CFR
180.940(a) for residues of triacylglycerol
lipase when used as a component of
food contact sanitizing solutions
applied to all food contact surfaces in
public eating places, dairy-processing
equipment, and food-processing
equipment and utensils at a maximum
level in the end-use concentration of
500 ppm is safe under FFDCA section
408.
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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 triacylglycerol
lipase in or on any food commodities.
EPA is establishing a limitation on the
amount of triacylglycerol lipase that
may be used in pesticide formulations.
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 for sale or distribution for
which the final end use concentration of
triacylglcyerol lipase in antimicrobial,
food contact surface sanitizing solutions
would exceed 500 ppm.
B. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint U.N.
Food and Agriculture Organization/
World Health Organization food
standards program, and it is recognized
as an international food safety
standards-setting organization in trade
agreements to which the United States
is a party. EPA may establish a tolerance
that is different from a Codex MRL;
however, FFDCA section 408(b)(4)
requires that EPA explain the reasons
for departing from the Codex level.
The Codex has not established a MRL
for triacylglycerol lipase.
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VI. Conclusions
Therefore, an exemption from the
requirement of a tolerance is established
under 40 CFR 180.940(a) for residues of
lipase, triacylglycerol (CAS Reg. No
9001–62–1) when used as a component
of food contact sanitizing solutions
applied to all food contact surfaces in
public eating places, dairy-processing
equipment, and food-processing
equipment and utensils at a maximum
level in the end-use concentration of
500 ppm.
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VII. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
under section 408(d) of FFDCA in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
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67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
VIII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 26, 2011.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.940(a), the table is
amended by adding alphabetically the
following inert ingredient to read as
follows:
■
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food contact
surface sanitizing solutions).
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
Pesticide chemical
CAS Reg. No.
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Lipase, triacylglycerol ................................................................
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–0054; FRL–8887–4]
Chromobacterium subtsugae Strain
PRAA4–1T; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of
Chromobacterium subtsugae strain
PRAA4–1T in or on all food
commodities when applied as an
insecticide or miticide and used in
accordance with good agricultural
practices. Marrone Bio Innovations, Inc.
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA) requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of Chromobacterium
subtsugae strain PRAA4–1T under the
FFDCA.
DATES: This regulation is effective
September 7, 2011. Objections and
requests for hearings must be received
on or before November 7, 2011, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–0054. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
jlentini on DSK4TPTVN1PROD with RULES
16:02 Sep 06, 2011
Jkt 223001
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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 https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the harmonized
test guidelines referenced in this
document electronically, please go to
https://www.epa.gov/ocspp and select
‘‘Test Methods and Guidelines.’’
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
VerDate Mar<15>2010
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*
*
When ready for use, the end-use concentration is not to exceed 500 ppm.
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
*
[FR Doc. 2011–22844 Filed 9–6–11; 8:45 am]
SUMMARY:
*
9001–62–1
Limits
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–0054 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 November 7, 2011. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2010–0054, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: OPP Regulatory Public Docket
(7502P), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 347–8920; e-mail address:
kausch.jeannine@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
E:\FR\FM\07SER1.SGM
07SER1
Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55264-55268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22844]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2010-0271; FRL: 8882-4]
Lipase, Triacylglycerol; Exemption From the Requirement of a
Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of lipase, triacylglycerol (CAS Reg. No.
9001-62-1) when used as a component of food contact sanitizing
solutions applied to all food contact surfaces in public eating places,
dairy-processing equipment, and food-processing equipment and utensils
at a maximum level in the end-use concentration of 500 parts per
million (ppm). Novozymes North America, Inc. 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 lipase, triacylglycerol.
DATES: This regulation is effective September 7, 2011. Objections and
requests for hearings must be received on or before November 7, 2011,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0271 All documents in the
docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Elizabeth Fertich, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8560 e-mail address:
fertich.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How can I get electronic 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 https://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2010-0271 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
November 7, 2011. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2010-0271, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
II. Petition for Exemption
In the Federal Register of February 25, 2011 (76 FR 1058) (FRL-
8863-4), EPA issued a notice pursuant to section 408 of FFDCA, 21
U.S.C. 346a, announcing the filing of a pesticide petition (PP 0E7697)
by Novozymes North America, Inc., P.O. Box 576, 77
[[Page 55265]]
Perry Chapel Church Road, Franklinton, NC 27525. The petition requested
that 40 CFR 180.950 be amended by establishing an exemption from the
requirement of a tolerance for residues of lipase, triacylglycerol (CAS
Reg. No. 9001-62-(1), Hereafter referred to as triacylglycerol lipase,
when used as an inert ingredient as an aid in the removal of lipids in
antimicrobial pesticide formulations applied to food contact surfaces.
That notice referenced a summary of the petition prepared by Novozymes
North America, Inc., the petitioner, which is available in the docket,
https://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
modified the exemption requested by establishing an exemption from the
requirement under 40 CFR 180.940(a) with a limitation of
triacylglycerol lipase of 500 ppm in final pesticide formulations. This
limitation is based on the Agency's risk assessment which can be found
at https://www.regulations.gov in document ``PC Code 908800: Lipase,
triacylglycerol lipase (CAS Reg. No. 9001-62-1); Human Health Risk
Assessment and Ecological Effects Assessment to the 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-
2010-0271.
III. Inert Ingredient Definition
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. * * *''
EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
Consistent with section 408(c)(2)(A) of FFDCA, and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for triacylglycerol lipase
including exposure resulting from the exemption established by this
action. EPA's assessment of exposures and risks associated with
triacylglycerol lipase 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.
The toxicology database is adequate to support the use of
triacylglycerol lipase as a component of food contact sanitizing
solutions. Triacylglycerol lipases are a class of lipase enzymes that
catalyze the hydrolysis of fatty acid ester bonds in the
triacylglycerol molecule in aqueous solutions. Like other enzymes,
triacylglycerol lipase is a protein that acts as a catalyst to increase
the rate of chemical reactions and is produced by all living cells.
The acute toxicity studies of triacylglycerol lipase show low
toxicity. The test material is not acutely toxic by the oral or
inhalation routes. It is also not a dermal irritant, eye irritant or
dermal sensitizer.
Triacylglycerol lipase was also not toxic in short-term studies. In
a 2 week study, Sprague-Dawley rats were dosed once daily by gavage at
dose levels of 0, 0.2, 2 or 10 grams kilogram day (g/kg/day) and in a
second 13 week study, Sprague-Dawley rats were administered the same
test material at dose levels of 0, 0.2, 1 and 5 g/kg/day. There were no
treatment related clinical signs, nor any toxicity seen in either
study.
In a 2-generation reproductive toxicity study in Sprague-Dawley
rats, triacylglycerol lipase was administered orally to 5 treatment
groups of rats. Each group contained 24 males and 24 females and
received diets containing 0, 0.5, 1.5 or 5.0% of the test material by
weight in the diet (equivalent to 0, 500, 1,500 or 5,000 milligrams
kilogram body weight day (mg/kg/bw/day). There were no effects of
treatment with the test material on either F0 or
F1 fertility, general reproductive performance and systemic
toxicity at exposure levels of up to 5,000 mg/kg/bw/day. No treatment
related effects were observed on the developmental parameters evaluated
in this study at doses up to and including 5,000 mg/kg/day.
As with other proteins, inhalation exposure to lipases may lead to
potential respiratory (Type 1) allergy.
Specific information on the studies received and the nature of the
adverse effects caused by triacylglycerol lipase as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies can be found at https://www.regulations.gov in the document ``PC Code 908800: Lipase,
triacylglycerol (CAS Reg. No. 9001-62-1); Human Health Risk Assessment
and Ecological Effects Assessment to the Support Proposed Exemption
from the Requirement of a Tolerance When Used
[[Page 55266]]
as an Inert Ingredient in Pesticide Formulations,'' p. 7 in docket ID
number EPA-HQ-OPP-2010-0271.
B. Toxicological Points of Departure/Levels of Concern
Triacylglycerol lipase is not toxic by the oral or dermal routes.
No toxicity endpoint of concern was identified in the available
toxicity studies. There were also no adverse effects observed in acute
toxicity studies and short-term toxicity studies at doses up to 10 kg/
day. No toxicity was observed in a 2-generation reproductive toxicity
study in rats at doses up to 5% (equivalent to 5,000 mg/kg/bw/day). A
quantitative risk assessment for the dietary and residential exposure
from the oral and dermal routes is not necessary since no endpoint of
concern was identified in the available database. Inhalation exposure
to enzymes, including triacylglycerol lipase, may lead to potential
respiratory (Type 1) allergy.
C. Exposure Assessment
Lipases are necessary for lipid metabolism and are found in almost
all living organisms, as well as being regularly consumed in foods. As
with other enzymes, lipases are common in fresh and processed foods and
are consumed by humans every day.
No hazard endpoint of concern was identified for the acute and
chronic dietary assessment (food and drinking water), or for the short,
intermediate, and long term dermal residential assessments, therefore,
acute and chronic dietary and short-, intermed- iate-, and long-term
dermal residential exposure assessments were not performed.
Residential (dermal and inhalation) exposures to triacylglycerol
lipase from home uses, such as components of laundry detergents and
food contact surface sanitizing solutions, are also possible. The
limitation of 500 ppm for tricylglycerol lipase in final pesticide
formulations will result in exposures several orders of magnitude at or
below 1 nanogram per cubic meter (ng/m\3\), the common level at which
allergic symptoms have not been observed.
D. 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 triacylglycerol lipase to share a common
mechanism of toxicity with any other substances, and triacylglycerol
lipase does not appear to produce a toxic metabolite produced by other
substances. For the purposes of this tolerance action, therefore, EPA
has assumed that triacylglycerol lipase 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 https://www.epa.gov/pesticides/cumulative.
E. Safety Factor for Infants and Children
In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall
apply an additional tenfold (10X) margin of safety for infants and
children in the case of threshold effects to account for prenatal and
postnatal toxicity and the completeness of the database on toxicity and
exposure unless EPA determines based on reliable data that a different
margin of safety will be safe for infants and children. This additional
margin of safety is commonly referred to as the FQPA Safety Factor
(SF). In applying this provision, EPA either retains the default value
of 10X, or uses a different additional safety factor when reliable data
available to EPA support the choice of a different factor.
No developmental toxicity studies are available in the database.
However, there were no adverse effects in a 2-generation reproductive
toxicity study in rats at doses up to 5% (equivalent to 5,000 mg/kg/bw/
day). Also no systemic toxicity was observed at doses up to 10 g/kg/day
in a 2-week, sub-acute oral toxicity study in rats and no systemic
toxicity observed at 5 g/kg/day in a 13-week oral toxicity study in
rats. No systemic toxicity was observed in laboratory animals at high
doses, indicating relatively low hazard potential. There was no
evidence of clinical signs of neurotoxicity; therefore, developmental
neurotoxicity study is not required. In addition, no evidence of
immunotoxicity was seen in the database; therefore, an immunotoxicity
study is not required. In terms of hazard, there are low concerns and
no residual uncertainties regarding prenatal and/or postnatal toxicity.
Based on this information, there is no concern at this time for
increased sensitivity to infants and children to triacylglycerol lipase
when used as an inert ingredient in pesticide formulations and a safety
factor analysis has not been used to assess risk. For the same reason,
EPA has determined that an additional safety factor is not needed to
protect the safety of infants and children.
F. Aggregate Risks and Determination of Safety
Given the lack of concern for hazard posed by triacylglycerol
lipase, EPA concludes that there are no dietary or aggregate dietary/
non-dietary risks of concern as a result of exposure to triacylglycerol
lipase in food and water or from residential exposure. Residues of
concern are not anticipated for dietary exposure (food and drinking
water) or for residential exposure (dermal) from the use of
triacylglycerol lipase as an inert ingredient in pesticide products. As
discussed in this unit, EPA expects aggregate exposure to
triacylglycerol lipase to pose no appreciable dietary risk given that
the data show a lack of systemic toxicity at doses up to 5,000 mg/kg/
day and a lack of any apparent developmental effects. Inhalation
exposure to enzymes, including triacylglycerol lipase, may lead to
potential respiratory (Type 1) allergy. Although there is no well-
defined threshold for the induction of sensitization to the potential
allergic effects from exposure to enzymes such as triacylglycerol
lipase, allergic symptoms have not been observed when inhalation
exposure levels are at or below 1 ng/m\3\. A limitation of 500 ppm of
triacylglycerol lipase in final pesticide formulations will result in
exposures several orders of magnitude below 1 ng/m\3\. This limitation
will ensure that inhalation exposures to triacylglycerol lipase will be
below the threshold for adverse respiratory effects and is protective
of any potential respiratory allergy concerns.
Taking into consideration all available information on
triacylglycerol lipase at a maximum of 500 ppm in final pesticide
formulations, EPA has determined that there is a reasonable certainty
that no harm to any population subgroup will result from aggregate
exposure to triacylglycerol lipase under reasonably foreseeable
circumstances. Therefore, the establishment of an exemption from
tolerance under 40 CFR 180.940(a) for residues of triacylglycerol
lipase when used as a component of food contact sanitizing solutions
applied to all food contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils at a
maximum level in the end-use concentration of 500 ppm is safe under
FFDCA section 408.
[[Page 55267]]
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
triacylglycerol lipase in or on any food commodities. EPA is
establishing a limitation on the amount of triacylglycerol lipase that
may be used in pesticide formulations. 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 for sale or distribution for
which the final end use concentration of triacylglcyerol lipase in
antimicrobial, food contact surface sanitizing solutions would exceed
500 ppm.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established a MRL for triacylglycerol lipase.
VI. Conclusions
Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.940(a) for residues of lipase,
triacylglycerol (CAS Reg. No 9001-62-1) when used as a component of
food contact sanitizing solutions applied to all food contact surfaces
in public eating places, dairy-processing equipment, and food-
processing equipment and utensils at a maximum level in the end-use
concentration of 500 ppm.
VII. Statutory and Executive Order Reviews
This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
VIII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: August 26, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.940(a), the table is amended by adding alphabetically
the following inert ingredient to read as follows:
Sec. 180.940 Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food contact surface sanitizing
solutions).
* * * * *
(a) * * *
[[Page 55268]]
------------------------------------------------------------------------
Pesticide chemical CAS Reg. No. Limits
------------------------------------------------------------------------
* * * * * * *
Lipase, triacylglycerol....... 9001-62-1 When ready for use,
the end-use
concentration is not
to exceed 500 ppm.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2011-22844 Filed 9-6-11; 8:45 am]
BILLING CODE 6560-50-P