Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations 17013 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality 

Standards.

Delaware’s portion of the Philadelphia-Wilmington-Atlantic City, PA–NJ–MD–DE 

2015 ozone NAAQS nonattainment area 

(i.e., New Castle County).

10/09/20 3/25/2022, [insert 

Federal Register 

citation].

Delaware’s portion of 

the Philadelphia 

Area consists of 

New Castle County. 

[FR Doc. 2022–06276 Filed 3–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2018–0156; FRL–9574–01– 

OCSPP] 

Butoxypolypropylene glycol, et al.; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

exemptions from the requirement of a 

tolerance for residues of 

butoxypolypropylene glycol (BPG; abutyl-w¬ -hydroxy-poly-oxy(methyl-1,2- 

ethanediyl) (CAS Reg. No. 9003–13–8)), 

oxirane, 2-methyl-, polymer with 

oxirane, mono-2-propen-1-yl ether (CAS 

Reg. No. 9041–33–2; polyether 1), 

poly(oxy-1,2-ethanediyl), a-acetyl-w¬ -(2- 

propen-1-yloxy)- (CAS Reg. No. 27252– 

87–5; polyether 2) and poly(oxy-1,2- 

ethanediyl), a-methyl-w¬ -(2-propen-1- 

yloxy)- (CAS Reg. No. 27252–80–8; 

polyether 3) when used as an inert 

ingredient in/on growing crops and raw 

agricultural commodities pre- and postharvest and applied to animals. Spring 

Trading Company, on behalf of Evonik 

Corporation, submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting 

establishment of exemptions from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of BPG and polyethers 1, 2, 

and 3 when used in accordance with 

these exemptions. 

DATES: This regulation is effective 

March 25, 2022. Objections and requests 

for hearings must be received on or 

before May 24, 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–2018–0156, 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 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and 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). 

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–2018–0156 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before May 

24, 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– 

2018–0156, 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 


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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 May 18, 

2018 (83 FR 23249) (FRL–9976–87), 

EPA issued a document pursuant to 

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

announcing the filing of a pesticide 

petition (PP IN–11104) by Spring 

Trading Company (203 Dogwood Trail, 

Magnolia, TX 77354), on behalf of 

Evonik Corporation (P.O. Box 34628, 

Richmond, VA 23234). The petition 

requested that 40 CFR 180.910 and 

180.930 be amended by establishing 

exemptions from the requirement of a 

tolerance for residues of BPG and 

polyethers 1, 2, and 3 when used as an 

inert ingredient in pesticide 

formulations applied in/on growing 

crops pre- and post-harvest and applied 

to animals. That document referenced a 

summary of the petition prepared by 

Spring Trading Company on behalf of 

Evonik Corporation, 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(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be clearly 

demonstrated that the risks from 

aggregate exposure to pesticide 

chemical residues under reasonably 

foreseeable circumstances will pose no 

appreciable risks to human health. In 

order to determine the risks from 

aggregate exposure to pesticide inert 

ingredients, the Agency considers the 

toxicity of the inert in conjunction with 

possible exposure to residues of the 

inert ingredient through food, drinking 

water, and through other exposures that 

occur as a result of pesticide use in 

residential settings. If EPA is able to 

determine that a finite tolerance is not 

necessary to ensure that there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

inert ingredient, an exemption from the 

requirement of a tolerance may be 

established. 

Consistent with FFDCA section 

408(c)(2)(A), and the factors specified in 

FFDCA section 408(c)(2)(B), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for BPG and 

polyethers 1, 2 and 3 including 

exposure resulting from the exemption 

established by this action. EPA’s 

assessment of exposures and risks 

associated with BPG and polyethers 1, 

2 and 3 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 BPG and polyethers 1, 2 and 3 as 

well as the no-observed-adverse-effectlevel (NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the 

toxicity studies are discussed in this 

unit. 

Toxicity information is available for 

BPG but not for polyethers 1, 2 or 3. 

Therefore, information from BPG and 

the related compound polyoxyethylene 

polyoxypropylene monobutyl ether 

(PPME; CAS Reg. No. 9038–95–3) and 

several related alcohol ethoxylates are 

used to assess the toxicity of the 

petitioned-for polymers. Based on the 

available read-across information, BPG 

and polyethers 1, 2, and 3, are 

considered to have low acute toxicity 

via the oral, dermal, and inhalation 

routes. They are minor eye irritants, but 

not dermal irritants or skin sensitizers. 

In repeated-dose toxicity studies, the 

kidneys, liver, hematological system 

and lungs were the major target organs. 

However, the effects observed in these 

oral and dermal studies occurred at 

doses at or above the limit dose and 

thus, are not considered relevant for risk 

assessment purposes. Based on their 

expected volatility and results from a 

repeated-dose inhalation study, 

inhalation is the route of toxicological 

concern for BPG and polyethers 1, 2, 

and 3. There is no evidence of 

susceptibility in the available 

developmental toxicity study and no 

effects on reproductive organs were 

observed throughout the database. 

Concern for carcinogenicity is low based 

on negative results in mutagenicity and 

genotoxicity studies and lack of effects 

in the available chronic studies. 

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 


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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.htm. 

An acute dietary endpoint was not 

selected because no effect attributable to 

a single dose was identified in the 

database. No chronic dietary endpoint 

was selected because the effects 

observed in the oral studies occurred at 

doses above the limit dose, which are 

not relevant for risk assessment 

purposes. No short- and intermediateterm incidental oral endpoints were 

selected because the effects observed in 

the oral studies occurred at doses above 

the limit dose, which are not relevant 

for risk assessment purposes. No dermal 

endpoints were selected. There were 

also no adverse systemic effects 

reported in the 90-day dermal toxicity 

study in rats, and there was no evidence 

of increased susceptibility in the young. 

The short-term and intermediate-term 

inhalation endpoints were derived from 

the 2-week inhalation toxicity study in 

rats, with a NOAEL of 100 mg/m3 and 

a LOAEL of 500 mg/m3, based on rapid 

respiration in females, hematology, 

clinical chemistry and urinalysis 

findings and microscopic findings in the 

lung in both sexes. This represents the 

lowest NOAEL in the database in the 

most sensitive species. The standard 

uncertainty factors (UFs) were applied 

to account for interspecies (10x) and 

intraspecies (10x) variations. The 

default value of 100% was used for the 

dermal and inhalation absorption 

factors. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. Although dietary exposure 

via food is anticipated, no acute or 

chronic dietary endpoints of concern 

were identified; therefore, a quantitative 

dietary exposure assessment was not 

conducted. 

2. Dietary exposure from drinking 

water. Although dietary exposure via 

drinking water is anticipated, no acute 

or chronic dietary endpoints of concern 

were identified; therefore, a quantitative 

dietary exposure assessment was not 

conducted. 

3. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

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

carpets, swimming pools, and hard 

surface disinfection on walls, floors, 

tables). 

BPG and polyethers 1, 2 and 3 may be 

used as an inert ingredient in products 

that are registered for specific uses that 

may result in residential exposure. A 

screening level residential exposure and 

risk assessment was completed for 

products containing BPG and polyethers 

1, 2 and 3 as inert ingredients. The 

Agency selected representative 

scenarios, based on end-use product 

application methods and labeled 

application rates. The Agency 

conducted an assessment to represent 

worst-case residential exposure by 

assessing BPG and polyethers 1, 2 and 

3 in pesticide formulations (outdoor 

scenarios) and BPG and polyethers 1, 2 

and 3 in disinfectant-type uses (indoor 

scenarios). The Agency assessed the 

disinfectant-type products containing 

BPG and polyethers 1, 2 and 3 using 

exposure scenarios used by OPP’s 

Antimicrobials Division to represent 

worst-case indoor residential handler 

exposure to possible non-food use 

applications. Further details of the 

residential exposure and risk analysis 

can be found at https://

www.regulations.gov in the 

memorandum entitled ‘‘JITF Inert 

Ingredients. Residential and 

Occupational Exposure Assessment 

Algorithms and Assumptions Appendix 

for the Human Health Risk Assessments 

to Support Proposed Exemption from 

the Requirement of a Tolerance When 

Used as Inert Ingredients in Pesticide 

Formulations’’ (D364751, 5/7/09, Lloyd/ 

LaMay) in docket ID number EPA–HQ– 

OPP–2008–0710. 

4. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found BPG or polyether 

1, 2 or 3 to share a common mechanism 

of toxicity with any other substances, 

and BPG and polyether 1, 2 and 3 do not 

appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this tolerance action, 

therefore, EPA has assumed that BPG 

and polyether 1, 2 and 3 do not have a 

common mechanism of toxicity with 

other substances. For information 

regarding EPA’s efforts to determine 

which chemicals have a common 

mechanism of toxicity and to evaluate 

the cumulative effects of such 

chemicals, see EPA’s website at https:// 

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

1. In general. Section 408(b)(2)(C) of 

FFDCA provides that EPA shall apply 

an additional tenfold (10X) margin of 

safety for infants and children in the 

case of threshold effects to account for 

prenatal and postnatal toxicity and the 

completeness of the database on toxicity 

and exposure unless EPA determines 

based on reliable data that a different 

margin of safety will be safe for infants 

and children. This additional margin of 

safety is commonly referred to as the 

Food Quality Protection Act (FQPA) 

Safety Factor (SF). In applying this 

provision, EPA either retains the default 

value of 10X, or uses a different 

additional safety factor when reliable 

data available to EPA support the choice 

of a different factor. 

2. Prenatal and postnatal sensitivity. 

Based on the evaluation of available 

toxicity studies with BPG and related 

compounds, there is low concern for 

pre- and postnatal susceptibility for 

infants and children from exposure to 

BPG, and polyethers 1, 2, and 3. 

3. Conclusion. The FQPA safety factor 

has been reduced to 1X because: (1) The 

toxicity database is adequate to 

characterize potential pre- and postnatal 

risk for infants and children; (2) no 

effects on reproductive organs or 

reproductive parameters were observed 

in the available studies; (3) no 

developmental effects were observed in 

the available dermal developmental 

study in rats; (4) no evidence of 

neurotoxicity was observed in the 

database; and (5) the exposure 

assessment is unlikely to underestimate 

risk. 

E. Aggregate Risks and Determination of 

Safety 

EPA determines whether acute and 

chronic dietary pesticide exposures are 

safe by comparing aggregate exposure 

estimates to the acute PAD (aPAD) and 

chronic PAD (cPAD). For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. Shortand intermediate-term risks are 

evaluated by comparing the estimated 

aggregate food, water, and residential 

exposure to the appropriate PODs to 

ensure that an adequate MOE exists. 

1. Acute dietary risk. An acute 

aggregate risk assessment takes into 

account acute exposure estimates from 

dietary consumption of food and 


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drinking water. No adverse effect 

resulting from a single oral exposure 

was identified and no acute dietary 

endpoint was selected. Therefore, BPG 

and polyethers 1, 2 and 3 are not 

expected to pose an acute dietary risk. 

2. Chronic dietary risk. A chronic 

aggregate risk assessment takes into 

account chronic exposure estimates 

from dietary consumption of food and 

drinking water. No adverse effect 

resulting from repeated oral exposure 

was identified and no chronic dietary 

endpoint was selected. Therefore, BPG 

and polyether 1, 2 and 3 are not 

expected to pose a chronic dietary risk. 

3. Short-term risk. Short-term 

aggregate exposure takes into account 

short-term residential exposure plus 

chronic exposure to food and water 

(considered to be a background 

exposure level). BPG and polyethers 1, 

2 and 3 are currently used as an inert 

ingredient in pesticide products that are 

registered for uses that could result in 

short-term residential exposure, and the 

Agency has determined that it is 

appropriate to aggregate chronic 

exposure through food and water with 

short-term residential exposures to BPG 

and polyethers 1, 2 and 3. 

Using the exposure assumptions 

described in this unit for short-term 

exposures, EPA has concluded the 

combined short-term food, water, and 

residential exposures result in aggregate 

MOEs ranging from 22,000 to 280,000 

for adults (handler only; no dietary 

exposure). Because EPA’s level of 

concern for BPG and polyethers 1, 2 and 

3 is an MOE of 100 or below, these 

MOEs are not of concern. 

4. Intermediate-term risk. 

Intermediate-term aggregate exposure 

takes into account intermediate-term 

residential exposure plus chronic 

exposure to food and water (considered 

to be a background exposure level). BPG 

and polyethers 1, 2 and 3 are currently 

used as an inert ingredient in pesticide 

products that are registered for uses that 

could result in intermediate-term 

residential exposure, and the Agency 

has determined that it is appropriate to 

aggregate chronic exposure through food 

and water with intermediate-term 

residential exposures to BPG and 

polyethers 1, 2 and 3. 

Using the exposure assumptions 

described in this unit for intermediateterm exposures, EPA has concluded that 

the combined intermediate-term food, 

water, and residential exposures result 

in aggregate MOEs ranging from 22,000 

to 280,000 for adults (handler only; no 

dietary exposure). Because EPA’s level 

of concern for BPG and polyethers 1, 2 

and 3 is a MOE of 100 or below, these 

MOEs are not of concern. 

5. Aggregate cancer risk for U.S. 

population. Based on the lack of 

evidence of carcinogenicity in the 

provided studies, BPG and polyethers 1, 

2 and 3 are not expected to pose a 

cancer risk to humans. 

6. Determination of safety. Based on 

these risk assessments, EPA concludes 

that there is a reasonable certainty that 

no harm will result to the general 

population, or to infants and children 

from aggregate exposure to BPG and 

polyethers 1, 2 and 3 residues. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nation 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 BPG and 

polyether 1, 2 and 3. 

VI. Conclusions 

Therefore, exemptions from the 

requirement of a tolerance are 

established under 40 CFR 180.910 and 

180.930 for butoxypolypropylene glycol 

(BPG; a-butyl-w¬ -hydroxy-polyoxy(methyl-1,2-ethanediyl) (CAS Reg. 

No. 9003–13–8), oxirane, 2-methyl-, 

polymer with oxirane, mono-2-propen1-yl ether (CAS Reg. No. 9041–33–2; 

polyether 1), poly(oxy-1,2-ethanediyl), 

a-acetyl-w¬ -(2-propen-1-yloxy)- (CAS 

Reg. No. 27252–87–5; polyether 2) and 

poly(oxy-1,2-ethanediyl), a-methyl-w¬ -(2- 

propen-1-yloxy)- (CAS Reg. No. 27252– 

80–8; polyether 3) when used as an inert 

ingredient in pesticide formulations 

applied in/on growing crops and raw 

agricultural commodities pre- and postharvest under and applied to animals. 

VII. Statutory and Executive Order 

Reviews 

This action establishes 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 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 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 


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addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

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

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

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

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

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

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 21, 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, the inert ingredients 

‘‘Butoxypolypropylene glycol (CAS Reg. 

No. 9003–13–8)’’; ‘‘Oxirane, 2-methyl-, 

polymer with oxirane, mono-2-propen1-yl ether (CAS Reg. No. 9041–33–2)’’; 

‘‘Poly(oxy-1,2-ethanediyl), a-acetyl-w¬ - 

(2-propen-1-yloxy)- (CAS Reg. No. 

27252–87–5)’’; and ‘‘Poly(oxy-1,2- 

ethanediyl), a-methyl-w¬ -(2-propen-1- 

yloxy)- (CAS Reg. No. 27252–80–8)’’ 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 

*******

Butoxypolypropylene glycol (CAS Reg. No. 9003–13–8) ........................................................................................ ........................ ........................

* * * * * * * 

Oxirane, 2-methyl-, polymer with oxirane, mono-2-propen-1-yl ether (CAS Reg. No. 9041–33–2).

* * * * * * * 

Poly(oxy-1,2-ethanediyl), a-acetyl-w¬ -(2-propen-1-yloxy)- (CAS Reg. No. 27252–87–5).

*******

Poly(oxy-1,2-ethanediyl), a-methyl-w¬ -(2-propen-1-yloxy)- (CAS Reg. No. 27252–80–8).

*******

■ 3. In § 180.930, amend Table 1 to 

180.930 by adding, in alphabetical 

order, the inert ingredients 

‘‘Butoxypolypropylene glycol (CAS Reg. 

No. 9003–13–8)’’; ‘‘Oxirane, 2-methyl-, 

polymer with oxirane, mono-2-propen1-yl ether (CAS Reg. No. 9041–33–2)’’; 

‘‘Poly(oxy-1,2-ethanediyl), a-acetyl-w¬ - 

(2-propen-1-yloxy)- (CAS Reg. No. 

27252–87–5)’’; and ‘‘Poly(oxy-1,2- 

ethanediyl), a-methyl-w¬ -(2-propen-1- 

yloxy)- (CAS Reg. No. 27252–80–8)’’ to 

read as follows: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. 

* * * * * 

TABLE 1 TO 180.930 

Inert ingredients Limits Uses 

*******

Butoxypolypropylene glycol (CAS Reg. No. 9003–13–8).

*******

Oxirane, 2-methyl-, polymer with oxirane, mono-2-propen-1-yl ether (CAS Reg. No. 9041–33–2).

*******

Poly(oxy-1,2-ethanediyl), a-acetyl-w¬ -(2-propen-1-yloxy)- (CAS Reg. No. 27252–87–5).

Poly(oxy-1,2-ethanediyl), a-methyl-w¬ -(2-propen-1-yloxy)- (CAS Reg. No. 27252–80–8).

*******


lotter on DSK11XQN23PROD with RULES1
17018 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations 

1 Defined as waters of the EPO within the area 

bounded by the west coast of the Americas and by 

50° N latitude, 150° W longitude, and 50° S latitude. 

2 Defined as waters of the EPO within the area 

bounded by the west coast of the Americas and by 

50° N latitude, 150° W longitude, and 50° S latitude. 

[FR Doc. 2022–06327 Filed 3–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 216 and 300 

[Docket No. 220322–0076] 

RIN 0648–BK88 

International Fisheries; Pacific Tuna 

Fisheries; Purse Seine Observer 

Exemptions in the Eastern Pacific 

Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations 

under the authority of the Marine 

Mammal Protection Act (MMPA) and 

the Tuna Conventions Act (TCA) of 

1950, as amended, to allow NMFS to 

issue temporary exemptions from purse 

seine observer requirements in the 

eastern Pacific Ocean (EPO) in 

accordance with procedures adopted by 

Parties to the Agreement on the 

International Dolphin Conservation 

Program (AIDCP) and members of the 

Inter-American Tropical Tuna 

Commission (IATTC). This final rule is 

necessary for the continuity of fishing 

activities for large U.S. purse seine 

vessels and for the United States to 

satisfy its obligations as a member of the 

IATTC. 

DATES: Effective March 25, 2022. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

final rule, including the Regulatory 

Impact Review, are available via the 

Federal e-Rulemaking Portal: 

www.regulations.gov, docket NOAA– 

NMFS–2021–0111, or contact William 

Stahnke, NMFS WCR, Long Beach 

Office, 501 W Ocean Blvd., Suite 4200, 

Long Beach, CA 90802, or WCR.HMS@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Stahnke, NMFS WCR, at (562) 

980–4088. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 4, 2022, NMFS 

published a proposed rule in the 

Federal Register (87 FR 6474) to revise 

regulations at 50 CFR part 216, subpart 

C and 50 CFR part 300, subpart C, to 

allow NMFS to issue temporary 

exemptions from purse seine observer 

requirements in the eastern Pacific 

Ocean (EPO) in accordance with 

procedures adopted by Parties to the 

Agreement on the International Dolphin 

Conservation Program (AIDCP) and 

members of the Inter-American Tropical 

Tuna Commission (IATTC). The 30-day 

public comment period for the proposed 

rule closed on March 7, 2022. 

The final rule is implemented under 

the authority of the Marine Mammal 

Protection Act (16 U.S.C. 1361 et seq.), 

and the Tuna Conventions Act (16 

U.S.C. 951 et seq.). This final rule 

applies to U.S. large purse seine vessels 

(i.e., those greater than 400 short ton 

carrying capacity) fishing for tuna in the 

IATTC Convention Area. The IATTC 

Convention Area is defined as waters of 

the eastern Pacific Ocean (EPO) within 

the area bounded by the west coast of 

the Americas and by 50° N. latitude, 

150° W. longitude, and 50° S. latitude. 

Background on the AIDCP and IATTC 

The AIDCP has been ratified or 

acceded by 14 countries, including the 

United States, and is applied 

provisionally by another two. Among 

the objectives of the AIDCP are to 

reduce dolphin mortalities and ensure 

the long-term sustainability of the tuna 

stocks within the AIDCP Agreement 

Area.1 The full text of the AIDCP is 

available online at: https://

www.iattc.org/PDFFiles/AIDCP/_

English/AIDCP.pdf. 

The United States is a member of the 

IATTC, which was established under 

the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna Commission (1949 

Convention). The 1949 Convention was 

updated by the Convention for the 

Strengthening of the IATTC Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

Convention). The full text of the 

Antigua Convention is available online 

at: https://www.iattc.org/PDFFiles/ 

IATTC-Instruments/_English/IATTC_

Antigua_Convention%20Jun%202003.

pdf. 

The IATTC consists of 21 member 

nations and five cooperating nonmember nations. The IATTC facilitates 

scientific research, as well as the 

conservation and management, of tuna 

and tuna-like species in the IATTC 

Convention Area.2 The IATTC 

maintains a scientific research and 

fishery monitoring program and 

regularly assesses the status of tuna, 

sharks, and billfish stocks in the IATTC 

Convention Area to determine 

appropriate catch limits and other 

measures deemed necessary to promote 

sustainable fisheries and prevent the 

overexploitation of these stocks. 

International Obligations of the United 

States Under the Antigua Convention 

and AIDCP 

As a Party to the Antigua Convention 

and AIDCP and a Member of the IATTC, 

the United States is legally bound to 

implement decisions of the IATTC 

under the Tuna Conventions Act (16 

U.S.C. 951 et seq.) and decisions of the 

Parties to the AIDCP under the Marine 

Mammal Protection Act (16 U.S.C. 1361 

et seq.). The Tuna Conventions Act 

directs the Secretary of Commerce, in 

consultation with the Secretary of State 

and, with respect to enforcement 

measures, the U.S. Coast Guard, to 

promulgate such regulations as may be 

necessary to carry out the United States’ 

obligations under the Antigua 

Convention, including 

recommendations and decisions 

adopted by the IATTC. The authority of 

the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. The MMPA directs 

the Secretary of Commerce to issue 

regulations, and revise those regulations 

as may be appropriate, to implement the 

International Dolphin Conservation 

Program. As with the TCA, the authority 

of the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. 

AIDCP and IATTC Observer Program 

and U.S. Observer Requirements 

U.S. large purse seine vessels (i.e., 

those greater than 400 short ton carrying 

capacity) fishing for tuna in the EPO are 

subject to 100 percent observer coverage 

obligations under Annex II, paragraph 2 

of the AIDCP and IATTC Resolution C– 

09–04, Resolution on the International 

Dolphin Conservation Program. The 

United States implemented this 

requirement for 100 percent observer 

coverage into domestic regulation at 50 

CFR 216.24(e)(1), which requires vessel 

permit holders to allow an authorized 

observer to accompany the vessel on all 

fishing trips in the eastern tropical 

Pacific Ocean (ETP) for the purpose of 

collecting information pertaining to 

research and observing operations and 

prohibits vessels that fail to carry an 

observer in accordance with these 

requirements from engaging in fishing 

operations. The United States does not 

have its own national observer program 

for the large tuna purse seine fishery 


lotter on DSK11XQN23PROD with RULES1