Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Proposed Rules 29843 

Accomplishment Instructions of MHIRJ 

Service Bulletin 670BA–35–016, Revision B, 

dated December 17, 2021. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by this AD, if those actions were 

performed before the effective date of this 

AD, using the service information identified 

in paragraph (h)(1) or (2) of this AD. 

(1) MHI RJ Service Bulletin 670BA–35– 

016, dated February 26, 2021. 

(2) MHI RJ Service Bulletin 670BA–35– 

016, Revision A, dated November 5, 2021. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York ACO 

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 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to ATTN: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300. Before using any approved 

AMOC, notify your appropriate principal 

inspector, or lacking a principal inspector, 

the manager of the responsible Flight 

Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, New York ACO Branch, 

FAA; or Transport Canada Civil Aviation 

(TCCA); or MHI RJ Aviation ULC’s TCCA 

Design Approval Organization (DAO). If 

approved by the DAO, the approval must 

include the DAO-authorized signature. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) TCCA 

CF–2022–06, dated February 28, 2022, for 

related information. This MCAI may be 

found in the AD docket on the internet at 

https://www.regulations.gov by searching for 

and locating Docket No. FAA–2022–0521. 

(2) For more information about this AD, 

contact Chirayu Gupta, Aerospace Engineer, 

Mechanical Systems and Administrative 

Services Section, FAA, New York ACO 

Branch, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 516–228– 

7300; email 9-avs-nyaco-cos@faa.gov. 

(3) For service information identified in 

this AD, contact MHI RJ Aviation ULC, 12655 

Henri-Fabre Blvd., Mirabel, Que ́bec J7N 1E1 

Canada; Widebody Customer Response 

Center North America toll-free telephone +1– 

844–272–2720 or direct-dial telephone +1– 

514–855–8500; fax +1–514–855–8501; email 

thd.crj@mhirj.com; internet https://

mhirj.com. You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety Branch, 

2200 South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

Issued on May 9, 2022. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–10528 Filed 5–16–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0064; FRL–9460–01– 

OCSPP] 

RIN 2070–ZA16 

Hypochlorous Acid; Exemption From 

the Requirement of a Pesticide 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to exempt 

residues of the antimicrobial pesticide 

ingredient hypochlorous acid from the 

requirement of a tolerance when used 

on or applied to food-contact surfaces in 

public eating places. This rulemaking is 

proposed on the Agency’s own initiative 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA) to address 

residues identified as part of the 

Agency’s registration review program 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). 

DATES: Comments must be received on 

or before July 18, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0244 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

For the latest status information on 

EPA/DC services, docket access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Anita Pease, Antimicrobials Division 

(7508P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: 202– 

566–0737; email address: pease.anita@

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 a 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. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.govor email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background 

A. What action is the Agency taking? 

EPA is proposing to establish an 

exemption from the requirement of a 

tolerance for residues of the 

antimicrobial pesticide hypochlorous 

acid on food-contact surfaces in public 

eating places. EPA is proposing this 

exemption to cover residues of 

hypochlorous acid that may be found in 

food as a result of the use of these 

antimicrobials on food-contact surfaces. 

As noted in the December 2020 

Hypochlorous Acid Interim Registration 

Review Decision (available at https://

www.regulations.gov in docket ID 

number EPA–HQ–OPP–2020–0244), 

hypochlorous acid is registered for use 

as a disinfectant on food-contact 

surfaces in public eating places. As a 


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29844 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Proposed Rules 

result of that use, residues of 

hypochlorous acid may be found in food 

that comes into contact with treated 

surfaces. 

According to the Agency’s 2016 

Antimicrobial Use Site Index (https://

www.epa.gov/pesticide-registration/ 

antimicrobial-pesticide-use-site-index), 

EPA categorizes that use as an ‘‘indirect 

food use.’’ 40 CFR 158W requires a 

tolerance or exemption for direct and 

indirect food uses. Historically, EPA did 

not require a tolerance or tolerance 

exemption for the registered uses of 

hypochlorous acid because the labels 

required a potable water rinse after 

application. EPA’s scientific assumption 

had been that if an antimicrobial 

pesticide use required a potable water 

rinse on the label, residues of the 

pesticide would be rinsed away. With 

no residues available to transfer to foods 

coming into contact with the treated 

food surface, the use was considered 

nonfood; and therefore, no tolerance or 

tolerance exemption was needed. The 

presumption that there would be no 

available residues for transfer to food is 

no longer supportable because available 

data now suggest that a potable water 

rinse may not be 100% efficient in 

removing residues; therefore, the 

Agency no longer considers a use to be 

‘‘nonfood’’ just because the label 

requires a potable water rinse. Absent 

information supporting a conclusion 

that no residues would be available for 

transfer to food from the use, a tolerance 

or tolerance exemption is required. At 

this time, the Agency has not received 

any information supporting a 

conclusion that residues of 

hypochlorous acid would not be 

available for transfer to food after 

application to food surfaces. 

B. What is the Agency’s authority for 

taking this action? 

A ‘‘tolerance’’ represents the 

maximum level for residues of pesticide 

chemicals legally allowed in or on raw 

agricultural commodities and processed 

foods. Section 408 of FFDCA, 21 U.S.C. 

346(a), authorizes the establishment of 

tolerances, exemptions from tolerance 

requirements, modifications in 

tolerances, and revocation of tolerances 

for residues of pesticide chemicals in or 

on raw agricultural commodities and 

processed foods. Without a tolerance or 

exemption, food containing pesticide 

residues are considered unsafe and 

therefore ‘‘adulterated’’ under FFDCA 

section 402(a), 21 U.S.C. 342(a). Such 

food may not be distributed in interstate 

commerce, 21 U.S.C. 331(a). 

Section 408(e)(1)(B) of the FFDCA 

authorizes EPA to issue an exemption 

from the requirement of a tolerance on 

its own initiative. 21 U.S.C. 

346a(e)(1)(B). It is under section 408(e) 

of the FFDCA that EPA is proposing to 

establish the exemption in this 

rulemaking. The standard for 

establishing an exemption is found in 

section 408(c)(2)(A) of the FFDCA and 

is discussed below. 21 U.S.C. 

346a(c)(2)(A). 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish an exemption 

from the requirement of 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. Section 

408(c)(2)(B) requires EPA to take into 

account, among other things, the 

considerations set forth in section 

408(b)(2)(C) and (D). Specifically, 

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 . . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), 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 to 

support the establishment of 

exemptions from the requirement of a 

tolerance for residues of hypochlorous 

acid. 

As noted in the Hypochlorous Acid 

Interim Decision, there are tolerances 

under 40 CFR 180.940 (b) and (c), which 

state that solutions containing 

hypochlorous acid may be applied to 

dairy-processing equipment, and foodprocessing equipment and utensils, with 

the limitation that the end-use 

concentration of hypochlorous acid 

does not exceed 200 ppm determined as 

total available chlorine. Because the 

current tolerance exemptions do not 

cover the antimicrobial products 

registered for use in public eating areas, 

the Agency is now establishing a 

tolerance exemption under section 40 

CFR 180.940(a), which would cover all 

food-contact uses of hypochlorous acid 

pesticide products in public eating areas 

not to exceed 200 ppm determined as 

total available chlorine. EPA’s safety 

determination for establishing a 

hypochlorous acid tolerance exemption 

under section 40 CFR 180.940(a) is 

based on chemical similarity to sodium, 

calcium, and potassium hypochlorites. 

Hypochlorous acid risk conclusions, 

including those related to dietary and 

aggregate exposure, can be bridged to 

the risk conclusions from the 

reevaluation of the sodium, calcium, 

and potassium hypochlorites (see 

docket EPA–HQ–OPP–2012–0004 at 

https://www.regulations.gov). Because 

the Agency did not identify any dietary 

or aggregate risks of concern for the 

sodium, calcium, and potassium 

hypochlorites, due to the lack of toxicity 

of these substances, there are no dietary 

or aggregate risks of concern for 

hypochlorous acid due to a lack of 

toxicity for hypochlorous acid. For 

further information, the Hypochlorous 

Acid Interim Decision can be found at 

https://www.regulations.gov in docket 

identification number EPA–HQ–OPP– 

2020–0244. 

Based on the lack of any aggregate 

risks of concern, EPA concludes that the 

exemption from the requirement of a 

tolerance for residues of hypochlorous 

acid is safe, i.e., there is a reasonable 

certainty that no harm will result from 

aggregate exposures to hypochlorous 

acid. 

IV. Analytical Enforcement 

Methodology 

An analytical method for residue is 

not required for enforcement purposes 

since the Agency is not establishing a 

numerical tolerance for residues of 

hypochlorous acid in or on any food 

commodities. EPA is establishing 

limitations on the amount of 

hypochlorous acid that may be used in 

antimicrobial pesticide formulations 

applied to food-contact surfaces in 

public eating places, dairy-processing 

equipment, food-processing equipment 

and utensils. These limitations will be 

enforced through the pesticide 

registration process under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (‘‘FIFRA’’), 7 U.S.C. 136 et seq. EPA 

will not register any antimicrobial 

pesticide formulation applied to foodcontact surfaces in public eating places, 

dairy-processing equipment, foodprocessing equipment and utensils that 

allows for the end-use concentration of 

the ready to use product to exceed the 

200 ppm limit for residues of total 

available chlorine. 


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Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Proposed Rules 29845 

V. Conclusion 

Therefore, EPA is proposing to 

establish an exemption under 40 CFR 

180.940(a) from the requirement of a 

tolerance for residues of hypochlorous 

acid when used in antimicrobial 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils not 

to exceed 200 ppm determined as total 

available chlorine. Because the existing 

entries in paragraph (b) and (c) are 

duplicative of the new exemption in 

paragraph (a) of section 40 CFR 180.940, 

EPA is removing the tolerance 

exemptions for hypochlorous acid in 

paragraphs (b) and (c), as unnecessary. 

VI. Statutory and Executive Order 

Reviews 

In this document, EPA is proposing to 

establish exemptions from the 

requirement of a tolerance under 

FFDCA section 408(e). 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 proposed rule has been 

exempted from review under Executive 

Order 12866 due to its lack of 

significance, this proposed 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). This proposed 

rule does not contain any information 

collection subject to OMB approval 

under the Paperwork Reduction Act 

(PRA) (44 U.S.C. 3501 et seq.), or 

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.). Nor does it require any special 

considerations as required by Executive 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994); or OMB review or any other 

Agency action under Executive Order 

13045, entitled ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997). This proposed rule 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). 

Pursuant to the Regulatory Flexibility 

Act (RFA) (5 U.S.C. 601 et seq.), the 

Agency previously assessed whether 

establishment of tolerances, exemptions 

from tolerances, raising of tolerance 

levels, expansion of exemptions, or 

revocations might significantly impact a 

substantial number of small entities and 

concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. These analyses 

for tolerance establishments and 

modifications, and for tolerance 

revocations were published in the 

Federal Register of May 4, 1981 (46 FR 

24950) and December 17, 1997 (62 FR 

66020), respectively, and were provided 

to the Chief Counsel for Advocacy of the 

Small Business Administration. Taking 

into account this analysis, and available 

information concerning the pesticides 

listed in this proposed rule, the Agency 

hereby certifies that this proposed rule 

will not have a significant negative 

economic impact on a substantial 

number of small entities. Furthermore, 

for the pesticides named in this 

proposed rule, the Agency knows of no 

extraordinary circumstances that exist 

as to the present proposed rule that 

would change EPA’s previous analysis. 

Any comments about the Agency’s 

determination should be submitted to 

the EPA along with comments on the 

proposed rule and will be addressed 

prior to issuing a final rule. 

In addition, the Agency has 

determined that this proposed rule will 

not have a substantial direct effect on 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This proposed 

rule directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This proposed rule 

does not alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). For these same 

reasons, the Agency has determined that 

this proposed rule does not have any 

‘‘tribal implications’’ as described in 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Executive 

Order 13175 requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian Tribes, on the 

relationship between the Federal 

Government and the Indian Tribes, or 

on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 9, 2022. 

Edward Messina, 

Director, Office of Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be amended 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. Amend § 180.940, by: 

■ a. Adding in alphabetical order the 

pesticide chemical ‘‘Hypochlorous 

Acid’’ to the table in Table 1 to 

Paragraph (a). 

■ b. Removing the entry ‘‘Hypochlorous 

Acid’’ from the table in paragraph (b). 

■ c. Removing the entry ‘‘Hypochlorous 

Acid’’ from the table in paragraph (c). 

The addition reads as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 


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29846 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Proposed Rules 

TABLE 1 TO PARAGRAPH (a) 

Pesticide chemical CAS Reg. No. Limits 

*******

Hypochlorous Acid ................................... 7790–92–3 When ready for use, the end-use concentration of all hypochlorous acid chemicals in the solution is not to exceed 200 ppm determined as total available 

chlorine. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–10563 Filed 5–16–22; 8:45 am] 

BILLING CODE 6560–50–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS