Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Rules and Regulations 6779 

date of this AD, perform a UI of affected HPT 

stage 1 and stage 2 disks using the 

Accomplishment Instructions, paragraph 

3.A.(2), of GE SB 72–1562. 

(2) For CF6–80A model turbofan engines, 

at each piece-part exposure after the effective 

date of this AD, perform a UI of affected HPT 

stage 2 disks using the Accomplishment 

Instructions, paragraph 3.A.(2), of GE SB 72– 

0869. 

(3) If any disk fails the inspection required 

by paragraph (g)(1) or (2) of this AD, replace 

the disk with a part eligible for installation 

before further flight. 

(h) No Reporting Requirements 

The reporting requirements specified in the 

Accomplishment Instructions, paragraphs 

3.A.(2)(c) and 3.A.(2)(f), of GE SB 72–1562, 

and paragraph 3.A.(3), of GE SB 72–0869, are 

not required by this AD. 

(i) Definitions 

(1) For the purpose of this AD, a ‘‘part 

eligible for installation’’ is an HPT stage 1 or 

stage 2 disk: 

(i) That has been inspected in accordance 

with paragraph (g)(1) or (2) of this AD and 

a rejectable indication was not found; or 

(ii) With an S/N not listed in Table 1 or 2 

of Appendix A, paragraph 4., in GE SB 72– 

1562, or Table 1 of Appendix—A, paragraph 

4., in GE SB 72–0869. 

(2) For the purpose of this AD, ‘‘piece-part 

exposure’’ of the HPT stage 1 or stage 2 disk 

is the separation of that HPT disk from its 

mating rotor parts within the HPT rotor 

module (thermal shield and HPT stage 1 and 

stage 2 disk, respectively). 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, ECO Branch, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in paragraph (k) of this AD. 

Information may be emailed to: ANE-ADAMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

For more information about this AD, 

contact Sungmo Cho, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA 01803; phone: (781) 

238–7241; fax: (781) 238–7199; email: 

Sungmo.D.Cho@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) GE CF6–80C Service Bulletin (SB) 72– 

1562 R05, dated March 19, 2021. 

(ii) GE CF6–80A SB 72–0869 R03, dated 

March 19, 2021. 

(3) For GE service information identified in 

this AD, contact General Electric Company, 

1 Neumann Way, Cincinnati, OH 45215; 

phone: (513) 552–3272; email: 

aviation.fleetsupport@ge.com; website: 

www.ge.com. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on December 16, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–02455 Filed 2–4–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0541; FRL–9418–01– 

OCSPP] 

2-Isobutyl-2-methyl-1,3-dioxolane-4- 

methanol; 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 2-isobutyl-2- 

methyl-1,3-dioxolane-4-methanol (CAS 

Reg. No. 5660–53–7) when used as an 

inert ingredient (solvent/cosolvent) on 

growing crops and raw agricultural 

commodities after harvest, and in 

antimicrobial formulations applied to 

food-contact surfaces in public eating 

places, dairy-processing equipment, and 

food-processing equipment and utensils. 

SciReg, Inc., on behalf of Solvay USA 

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 2- 

isobutyl-2-methyl-1,3-dioxolane-4- 

methanol, when used in accordance 

with the terms of those exemptions. 

DATES: This regulation is effective 

February 7, 2022. Objections and 

requests for hearings must be received 

on or before April 8, 2022, 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–2017–0541, is 

available at https://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. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, 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: RDFRNotices@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. 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). 


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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 Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

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–2017–0541 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 April 

8, 2022. 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– 

2017–0541, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://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 https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Petition for Exemption 

In the Federal Register of December 

15, 2017 (82 FR 59604) (FRL–9970–50), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the filing of a pesticide 

petition (PP IN–11066) by SciReg Inc., 

12733 Director’s Loop, Woodbridge, VA, 

22192 on behalf of Solvay USA Inc., 504 

Carnegie Center, Princeton, NJ, 08540. 

The petition requested that 40 CFR 

180.910 and 180.940(a) be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of 2-isobutyl-2-methyl-1,3-dioxolane-4- 

methanol (CAS Reg. No. 5660–53–7) 

when used as an inert ingredient 

(solvent/co-solvent) in pesticide 

formulations applied to growing crops 

or raw agricultural commodities after 

harvest under 40 CFR 180.910 and when 

used in antimicrobial formulations 

(food-contact surface sanitizing 

solutions) applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils 

under 40 CFR 180.940(a). That 

document referenced a summary of the 

petition prepared by SciReg, Inc., on 

behalf of Solvay USA Inc., the 

petitioner, which is available in the 

docket, https://www.regulations.gov. 

There were no relevant comments 

received in response to the notice of 

filing. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 

diatomaceous earth; thickeners such as 

carrageenan and modified cellulose; 

wetting, spreading, and dispersing 

agents; propellants in aerosol 

dispensers; microencapsulating agents; 

and emulsifiers. The term ‘‘inert’’ is not 

intended to imply nontoxicity; the 

ingredient may or may not be 

chemically active. Generally, EPA has 

exempted inert ingredients from the 

requirement of a tolerance based on the 

low toxicity of the individual inert 

ingredients. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(c)(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. When making a 

safety determination for an exemption 

for the requirement of a tolerance 

FFDCA section 408(c)(2)(B) directs EPA 

to consider the considerations in section 

408(b)(2)(C) and (D). 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 . . . . ’’ Section 

408(b)(2)(D) lists other factors for EPA 

consideration making safety 

determinations, e.g., the validity, 

completeness, and reliability of 

available data, nature of toxic effects, 

available information concerning the 

cumulative effects of the pesticide 

chemical and other substances with a 

common mechanism of toxicity, and 

available information concerning 

aggregate exposure levels to the 

pesticide chemical and other related 

substances, among others. 

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 2-isobutyl-2- 


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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Rules and Regulations 6781 

methyl-1,3-dioxolane-4-methanol 

including exposure resulting from the 

exemption established by this action. 

EPA’s assessment of exposures and risks 

associated with 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol 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 2-isobutyl-2-methyl-1,3-dioxolane-4- 

methanol as well as the no-observedadverse-effect-level (NOAEL) and the 

lowest-observed-adverse-effect-level 

(LOAEL) from the toxicity studies 

The toxicological database of 2- 

isobutyl-2-methyl-1,3-dioxolane-4- 

methanol is supported by data regarding 

2,2-dimethyl-1,3-dioxolane-4-methanol. 

EPA has determined that it is 

appropriate to bridge 2,2-dimethyl-1,3- 

dioxolane-4-methanol data due to 

similarities in the manufacturing 

processes, functional groups/structure, 

composition, and physical/chemical 

properties, and among the available 

human health toxicity and ecological 

toxicity data of the two substances. 

2-Isobutyl-2-methyl-1,3-dioxolane-4- 

methanol exhibits low levels of acute 

toxicity via the oral, dermal, and 

inhalation routes of exposure. In the rat, 

the oral LD50 7,000 mg/kg, the dermal 

LD50 > 2,000 mg/kg, and the inhalation 

LC50 is > 5.11 mg/L. It is not irritating 

to the rabbit skin. It is irritating to the 

rabbit eye. It is not a dermal sensitizer, 

it is negative for mutagenicity and the 

DEREK analysis indicates it is unlikely 

to pose a carcinogenic risk to humans. 

In a 6-week, repeat-dose toxicity study 

with reproduction/developmental 

screening, the maternal, offspring and 

reproduction NOAELs were 1,000 mg/ 

kg/day. 

There were no studies/data directly 

related to the possible neurotoxicity of 

2-isobutyl-2-methyl-1,3-dioxolane-4- 

methanol. However, evidence of 

potential neurotoxicity was not 

observed in functional observation 

battery (FOB) performed in the 

developmental study in the rat. 

Therefore, 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol is not expected to 

be neurotoxic. 

There were no studies/data directly 

related the immunotoxic potential of 2- 

isobutyl-2-methyl-1,3-dioxolane-4- 

methanol. There were no indications of 

possible immunotoxicity from the data 

that are available. 

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 https://

www.epa.gov/pesticides/factsheets/ 

riskassess.html. 

The hazard profile of 2-isobutyl-2- 

methyl-1,3-dioxolane-4-methanol is 

adequately defined. Overall, 2-isobutyl2-methyl-1,3-dioxolane-4-methanol is of 

low acute, subchronic, and 

developmental toxicity. No systemic 

toxicity is observed up to 1,000 mg/kg/ 

day. Since signs of toxicity were not 

observed, no endpoint of concern was 

identified. Therefore, a qualitative risk 

assessment for 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol was conducted. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. In evaluating dietary 

exposure to 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol, EPA considered 

exposure under the proposed exemption 

from the requirement of a tolerance. 

EPA assessed dietary exposures from 2- 

isobutyl-2-methyl-1,3-dioxolane-4- 

methanol in food as follows: 

Dietary exposure (food and drinking 

water) to 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol may occur 

following ingestion of foods with 

residues from their use in accordance 

with this exemption. However, a 

quantitative dietary exposure 

assessment was not conducted since a 

toxicological endpoint for risk 

assessment was not identified. 

2. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

(e.g., textiles (clothing and diapers), 

carpets, swimming pools, and hard 

surface disinfection on walls, floors, 

tables). 

2-Isobutyl-2-methyl-1,3-dioxolane-4- 

methanol may be used in pesticide 

products and non-pesticide products 

that may be used in and around the 

home. Based on the discussion above 

regarding the low toxicity of the 2- 

isobutyl-2-methyl-1,3-dioxolane-4- 

methanol, a quantitative residential 

exposure assessment was not 

conducted. 

3. 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.’’ 

Based on the lack of toxicity in the 

available data, 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol and its 

metabolites are not expected to share a 

common mechanism of toxicity with 

other chemicals; therefore, section 

408(b)(2)(D)(v) does not apply. 

D. 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 

Food Quality Protection Act (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. 

Because there are no threshold effects 

associated with 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol, EPA conducted a 

qualitative assessment. As part of that 

assessment, the Agency did not use 

safety factors for assessing risk, and no 


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additional safety factor is needed for 

assessing risk to infants and children. 

Based on an assessment of 2-isobutyl-2- 

methyl-1,3-dioxolane-4-methanol, EPA 

has concluded that there are no 

toxicological endpoints of concern for 

the U.S. population, including infants 

and children. 

E. Aggregate Risks and Determination of 

Safety 

Because no toxicological endpoints of 

concern were identified, 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 2-isobutyl-2- 

methyl-1,3-dioxolane-4-methanol 

residues. 

V. Other Considerations 

Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

VI. Conclusions 

Therefore, exemptions from the 

requirement of a tolerance is established 

for residues of 2-isobutyl-2-methyl-1,3- 

dioxolane-4-methanol (CAS Reg. No. 

5660–53–7) when used as an inert 

ingredient (solvent/co-solvent) in 

pesticide formulations applied to 

growing crops and raw agricultural 

commodities after harvest under 40 CFR 

180.910 and when used in antimicrobial 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils 

under 40 CFR 180.940(a). 

VII. Statutory and Executive Order 

Reviews 

This action establishes exemptions 

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) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the exemptions in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 20, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.910, amend Table 1 to 

180.910 by adding, in alphabetical 

order, an entry for ‘‘2-Isobutyl-2-methyl1,3-dioxolane-4-methanol (CAS Reg. No. 

5660–53–7)’’ to read as follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

TABLE 1 TO 180.910 

Inert ingredients Limits Uses 

*******

2-Isobutyl-2-methyl-1,3-dioxolane-4-methanol (CAS Reg. No. 5660–53–7) ............................................... ........................ Solvent/Co-solvent. 

* * * * * * * 


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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Rules and Regulations 6783 

■ 3. In § 180.940, amend Table 1 to 

Paragraph (a) by adding, in alphabetical 

order, an entry for ‘‘2-Isobutyl-2-methyl1,3-dioxolane-4-methanol’’ to read as 

follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Inert ingredients CAS Reg. No. Limits 

*******

2-Isobutyl-2-methyl-1,3-dioxolane-4-methanol ............................................................................................. 5660–53–7 

********

* * * * * 

[FR Doc. 2022–02495 Filed 2–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 659 

[Docket No. FTA–2022–0003] 

RIN 2132–AB39 

Rail Fixed Guideway Systems; State 

Safety Oversight; Rescission 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This rulemaking rescinds an 

FTA regulation for State Safety 

Oversight requirements. The statutory 

basis for this regulation was rescinded 

by legislation in 2012. 

DATES: This final rule is effective on 

February 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Emily Jessup, Office of Chief Counsel, 

(202) 366–8907 or Emily.Jessup@

dot.gov. Office hours are from 9 a.m. to 

5:30 p.m., ET, Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document is viewable online 

through the Federal eRulemaking portal 

at http://www.regulations.gov. Retrieval 

help and guidelines are available on the 

website. It is available 24 hours each 

day, 365 days a year. An electronic copy 

of this document is available for 

download from the Office of the Federal 

Register home page at: http://

www.ofr.gov and the Government 

Publishing Office web page at: http://

www.gpo.gov. 

Background 

Part 659 in title 49 of the Code of 

Federal Regulations contains State 

Safety Oversight (SSO) requirements for 

rail fixed guideway systems. These 

regulations were authorized by 49 

U.S.C. 5330, State Safety Oversight, 

which was repealed by Section 20030(e) 

of the Moving Ahead for Progress in the 

21st Century Act (MAP–21) (Pub. L. 

112–141). In 2016, FTA replaced 49 CFR 

part 659 with a new SSO final rule, 

codified at 49 CFR part 674 (81 FR 

14230). 49 CFR 674.9(b) provides that 

FTA will rescind the regulations 

codified at Part 659 no later than April 

15, 2019. 

Discussion of the Changes 

This action rescinds 49 CFR part 659, 

State Safety Oversight (SSO) 

requirements for rail fixed guideway 

systems, because the statutory basis for 

these regulations was repealed by MAP– 

21. These regulations were replaced 

with a new SSO final rule, codified at 

49 CFR part 674. The regulations at part 

674 are intended to carry out several 

explicit statutory mandates to 

strengthen the States’ oversight of the 

safety of their Rail Transit Agencies 

(RTAs) enacted through Section 20021 

of MAP–21 and codified at 49 U.S.C. 

5329. 49 CFR 674.9(b) provides that 

FTA will rescind the regulations 

codified at part 659 no later than April 

15, 2019, three years following the 

effective date of Part 674. The three-year 

delayed rescission permitted RTAs to 

have a part 659 System Safety Program 

Plan in place until the Public 

Transportation Agency Safety Plan 

(PTASP) regulation deadline (See 49 

CFR 673.11(e)). FTA delayed the 

rescission, in part due to the deferred 

enforcement of the PTASP regulation 

deadline. FTA’s most recent PTASP 

notice of enforcement discretion expired 

on July 20, 2021 and all applicable 

RTAs have certified their compliance 

with the PTASP regulation. Therefore, it 

is now timely to rescind the part 659 

regulations. 

Good Cause for Dispensing With Notice 

and Comment and Delayed Effective 

Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)), an agency 

may waive the normal notice and 

comment procedure if it finds, for good 

cause, that it is impracticable, 

unnecessary, or contrary to the public 

interest. Additionally, 5 U.S.C. 553(d) 

provides that an agency may waive the 

30-day delayed effective date upon 

finding of good cause. 

FTA finds good cause that notice and 

comment for this rule is unnecessary 

due to the nature of the revisions (i.e., 

the rule simply carries out the statutory 

repeal included in MAP–21). The 

statutory language does not require 

regulatory interpretation to carry out its 

intent, and comments cannot alter the 

regulation given that the statute 

abrogated its purpose. Further, the 

delayed effective date is unnecessary 

because the removal of these safety 

regulations was already made effective 

by MAP–21 and the publication of new 

safety regulations at 49 CFR part 674. 

Accordingly, FTA finds good cause 

under 5 U.S.C. 553(b)(3)(B) and (d)(3) to 

waive notice and opportunity for 

comment and the delayed effective date. 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), and Department of 

Transportation (DOT) Regulatory 

Policies and Procedures 

FTA has determined that this 

rulemaking is not a significant 

regulatory action within the meaning of 

Executive Order 12866, and within the 

meaning of DOT regulatory policies and 

procedures. This action complies with 

Executive Orders 12866 and 13563 to 

improve regulation. 


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