81_FR_42669 81 FR 42543 - Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate); Exemption From the Requirement of a Tolerance

81 FR 42543 - Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate); Exemption From the Requirement of a Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42543-42548
FR Document2016-15613

This regulation establishes exemptions from the requirement of a tolerance for residues of pentaerythritol tetrakis (3-(3,5-di-tert- butyl-4-hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) under 40 CFR 180.910 and 180.930 when used as an inert ingredient (antioxidant/ stabilizer) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest at a maximum concentration of 5% by weight in the formulation and applied to animals at a maximum concentration of 3% by weight in the formulation, respectively. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of these exemptions from the requirement of a tolerance. These regulations eliminate the need to establish a maximum permissible level for residues of pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4- hydroxyphenyl)propionate) for these uses.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42543-42548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15613]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0183; FRL-9947-45]


Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate); Exemption From the Requirement of a 
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes exemptions from the requirement of 
a tolerance for residues of pentaerythritol tetrakis (3-(3,5-di-tert-
butyl-4-hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) under 40 CFR 
180.910 and 180.930 when used as an inert ingredient (antioxidant/
stabilizer) in pesticide formulations applied to growing crops and raw 
agricultural commodities after harvest at a maximum concentration of 5% 
by weight in the formulation and applied to animals at a maximum 
concentration of 3% by weight in the formulation, respectively. BASF 
Corporation submitted a petition to EPA under the Federal Food, Drug, 
and Cosmetic Act (FFDCA), requesting establishment of these exemptions 
from the requirement of a tolerance. These regulations eliminate the 
need to establish a maximum permissible level for residues of 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) for these uses.

DATES: This regulation is effective June 30, 2016. Objections and 
requests for hearings must be received on or before August 29, 2016, 
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-2016-0183, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2016-0183 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 
August 29, 2016. 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-2016-0183, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of April 25, 2016 (81 FR 24044) (FRL-9944-
86), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a, announcing the filing of a pesticide petition (PP IN-10829) by 
BASF Corporation, 100 Park Avenue, Florham Park, NJ 07932. The petition 
requested that 40 CFR 180.910 and 180.930 be amended by establishing an 
exemption from the requirement of a tolerance for residues of 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) when used as an 
inert ingredient antioxidant/stabilizer in pesticide formulations 
applied to growing crops and raw agricultural commodities after harvest 
under 40 CFR 180.910 at a maximum concentration of 5% by weight in the 
formulation; and applied to animals under 40 CFR 180.930 at a maximum 
concentration of 3% by weight in the formulation. That document 
referenced a summary of the petition prepared by Lewis & Harrison LLC 
on behalf of BASF Corporation, the petitioner, which is available in 
the docket, http://www.regulations.gov.

[[Page 42544]]

There were no 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 pentaerythritol tetrakis (3-
(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) including exposure 
resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with pentaerythritol 
tetrakis (3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) 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. Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) has low acute toxicity via the oral, dermal, 
and inhalation routes of exposure. Pentaerythritol tetrakis 3-(3,5-di-
tert-butyl-4-hydroxyphenyl)propionate) is not irritating to the eyes 
and the skin. It is not a dermal sensitizer. In a subchronic study in 
dogs and a subchronic study in rats, effects were limited to decreases 
in body weight gain, food consumption, and thyroid weights in rats. No 
fetal toxicity was reported in developmental toxicity study in the rat. 
In a developmental toxicity study with mice, incompletely ossified 
sternebrae in the high-dose group was observed in the absence of 
maternal toxicity. In a rat 2-generation reproduction study, no adverse 
effects were observed at doses up to 1,000 milligrams/kilogram/day (mg/
kg/day). There was no evidence of carcinogenic potential in a rat 
chronic toxicity/carcinogenicity study. Specific information on the 
studies received and the nature of the adverse effects caused by 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) as well as the no-observed-adverse-effect-
level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from 
the toxicity studies can be found at http://www.regulations.gov in the 
document ``Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl) propionate) (CAS Reg. No. 6683-19-8).
Human Health Risk Assessment and Ecological Effects Assessment to 
Support
    A Proposed Exemption from the Requirement of a Tolerance When Used 
as an Inert Ingredient'' at pages 10-15 in docket ID number EPA-HQ-OPP-
2016-018.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    Based on the results of the available safety studies for 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate, the reference dose (RfD) for repeated oral, 
dermal, and inhalation exposures to pentaerythritol tetrakis (3-(3,5-
di-tert-butyl-4-hydroxyphenyl)propionate is 1.35 mg/kg/day. The key 
study for deriving the RfD is the chronic toxicity study in rats. The 
NOAEL for in this study is 135 mg/kg/day based on decreases in body 
weight gain, food consumption, and thyroid weights in

[[Page 42545]]

males at the LOAEL of 446 mg/kg/day. Applying an uncertainty factor of 
100 for extrapolation from animal to human (interspecies variation) and 
potential variation in sensitivity among members of the human 
population (intraspecies sensitivity) results in the RfD of 1.35 mg/kg/
day. The Food Quality Protection Act (FQPA) (Pub. L. 104-170) safety 
factor for pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate is 1X. The resultant population adjusted dose 
(PAD) is 1.35 mg/kg/day. The margin of exposure (MOE) for residential 
exposure is 100 or greater and is based upon the NOAEL derived from the 
chronic oral toxicity study in rats (135 mg/kg/day) with an assumption 
of 10% dermal absorption (based on molecular weight and octanol-water 
partition coefficient) and inhalation toxicity being equivalent oral 
toxicity.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate), EPA considered exposure under the proposed 
exemption from the requirement of a tolerance. EPA assessed dietary 
exposures from pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) in food as follows:
    An acute dietary risk assessment was not conducted because no 
endpoint of concern following a single exposure was identified in the 
available studies. A chronic dietary exposure assessment was completed 
and performed using the Dietary Exposure Evaluation Model DEEM-
FCID\TM\, Version 3.16, EPA used food consumption information from the 
U.S. Department of Agriculture's National Health and Nutrition 
Examination Survey, What we eat in America, (NHANES/WWEIA). This 
dietary survey was conducted from 2003 to 2008. As to residue levels in 
food, no residue data were submitted for pentaerythritol tetrakis (3-
(3,5-di-tert-butyl-4-hydroxyphenyl)propionate). In the absence of 
actual residue data, EPA has developed an approach which uses surrogate 
information to derive upper bound exposure estimates for the subject 
inert ingredient. In the absence of actual residue data, the inert 
ingredient evaluation is based on a highly conservative model which 
assumes that the residue level of the inert ingredient would be no 
higher than the highest established tolerance for an active ingredient 
on a given commodity. Implicit in this assumption is that there would 
be similar rates of degradation between the active and inert ingredient 
(if any) and that the concentration of inert ingredient in the 
scenarios leading to these highest of tolerances would be no higher 
than the concentration of the active ingredient. The model assumes 100 
percent crop treated (PCT) for all crops and that every food eaten by a 
person each day has tolerance-level residues. A complete description of 
the general approach taken to assess inert ingredient risks in the 
absence of residue data is contained in the memorandum entitled ``Alkyl 
Amines Polyalkoxylates (Cluster 4): Acute and Chronic Aggregate (Food 
and Drinking Water) Dietary Exposure and Risk Assessments for the 
Inerts.'' (D361707, S. Piper, 2/25/09) and can be found at http://www.regulations.gov in docket ID number EPA-HQ-OPP-2008-0738.
    In the case of pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) EPA made specific adjustments to the dietary 
exposure assessment to account for the use limitations of 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) as an inert ingredient in pesticide 
formulations applied to growing crops and raw agricultural commodities 
after harvest at a maximum concentration of % by weight in the 
pesticide formulation and as an inert ingredient in pesticide 
formulations applied to animals at a maximum concentration of 3% by 
weight in the pesticide formulation. Preharvest uses.
    2. Dietary exposure from drinking water. For the purpose of the 
screening level dietary risk assessment to support this request for an 
exemption from the requirement of a tolerance for pentaerythritol 
tetrakis (3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate), a 
conservative drinking water concentration value of 100 ppb based on 
screening level modeling was used to assess the contribution to 
drinking water for the chronic dietary risk assessments for parent 
compound. These values were directly entered into the dietary exposure 
model.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets). Based on the 
requested use of pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate), the Agency does not expect non-occupational, 
non-dietary exposures. However, once approved, there is a potential for 
residential exposure from use as an inert ingredient in pesticide 
formulations used in residential settings. These residential exposures 
could occur by ingestion of materials to which pesticides containing of 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate have been applied as well as dermal and 
inhalation exposures through the use of such products. These 
residential pesticide exposures are considered short-term and 
intermediate-term in nature.
    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 pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) to share a common mechanism of toxicity with 
any other substances, and pentaerythritol tetrakis (3-(3,5-di-tert-
butyl-4-hydroxyphenyl)propionate) does not appear to produce a toxic 
metabolite produced by other substances. For the purposes of this 
tolerance action, therefore, EPA has assumed that pentaerythritol 
tetrakis (3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) does not 
have a common mechanism of toxicity with other substances. For 
information regarding EPA's efforts to determine which chemicals have a 
common mechanism of toxicity and to evaluate the cumulative effects of 
such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply an additional tenfold (10X) margin of safety for infants 
and children in the case of threshold effects to account for prenatal 
and postnatal toxicity and the completeness of the database on toxicity 
and exposure unless EPA determines based on reliable data that a 
different margin of safety will be safe for infants and children. This 
additional margin of safety is commonly referred to as the 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. Fetal susceptibility was not 
observed in

[[Page 42546]]

the developmental toxicity study in mice. In a developmental toxicity 
study with rats, fetal effects (decreased ossification of the 
sternebrae) were observed without accompanying maternal toxicity at the 
high dose group of 500 mg/kg/day. There are no concerns for 
reproductive toxicity (no effects at up to the limit dose of 1,000 mg/
kg/day were observed in a 2-generation reproductive toxicity study in 
rats).
    3. Conclusion. EPA has determined that reliable data show the 
safety of infant and children would be adequately protected if the FQPA 
SF were reduced to 1X. That decision is based on the following 
findings:
    i. The toxicity database for pentaerythritol tetrakis(3-(3,5-di-
tert-butyl-4-hydroxyphenyl)propionate) includes a subchronic toxicity 
study, two developmental toxicity studies, a reproductive toxicity 
study, chronic/carcinogenicity studies, and several mutagenicity 
studies. No parental or offspring effects were observed in a 2-
generation reproductive toxicity study in rats at dose levels up to 500 
mg/kg/day, the highest dose tested. In a developmental study in mice, 
no fetal or maternal effects were observed at doses up to 1,000 mg/kg/
day. In a developmental toxicity study in rats no maternal effects were 
observed at 500 mg/kg/day, the highest dose tested, however, fetal 
effects were observed, albeit only in the high dose test group of 500 
mg/kg/day. Since a clear NOAEL (150 mg/kg/day) for fetal effects was 
established in this study, no effects are observed in the mice 
developmental and rat reproductive toxicity study, and the selected 
point of departure for risk assessment purposes is based on dose levels 
below which effects are seen in the rat developmental toxicity study, 
there is no need for an additional UF to account for fetal 
susceptibility.
    ii. There is no indication that pentaerythritol tetrakis (3-(3,5-
di-tert-butyl-4-hydroxyphenyl)propionate) is a neurotoxic chemical. 
Although no neurotoxicity studies were available in the database, no 
clinical signs of neurotoxicity were observed in the available 
subchronic and chronic studies. Therefore, there is no need for a 
developmental neurotoxicity study or additional UFs to account for 
neurotoxicity.
    iii. There is no indication that pentaerythritol tetrakis (3-(3,5-
di-tert-butyl-4-hydroxyphenyl)propionate) is an immunotoxic chemical. 
Although no immunotoxicity studies were available in the database, no 
signs of immunotoxicity were observed in the available studies. 
Therefore, there is no need for an immunotoxicity study or additional 
UFs to account for immunotoxicity.
    iv. The dietary food exposure assessment utilizes 100% crop treated 
information for all commodities. By using these screening-level 
assessments, chronic exposures/risks will not be underestimated. EPA 
made conservative (protective) assumptions in the ground and surface 
water modeling used to assess exposure to pentaerythritol tetrakis (3-
(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) in drinking water. EPA 
used similarly conservative assumptions to assess postapplication 
exposure of children as well as incidental oral exposure of toddlers. 
These assessments will not underestimate the exposure and risks posed 
by pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate).

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into 
account acute exposure estimates from dietary consumption of food and 
drinking water. No adverse effect resulting from a single oral exposure 
was identified and no acute dietary endpoint was selected. Therefore, 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) from food and water will utilize 26% of the 
cPAD for children 1-2 years old, the population group receiving the 
greatest exposure based on the explanation in this unit, regarding 
residential use patterns, chronic residential exposure to residues of 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) is not expected.
    3. Short-term aggregate risk. A short-term aggregate risk 
assessment takes into account exposure estimates from chronic dietary 
consumption of food and drinking water; and short-term residential 
exposure. Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) may be used as an inert ingredient in 
pesticide products that would result in short-term residential 
exposure. Short-term risk is assessed based on short-term residential 
exposure plus chronic dietary exposure. The Agency has concluded that 
the aggregate short-term MOEs for adult and children are above 100. 
Therefore there is no concern for short-term aggregate risk.
    4. Intermediate-term aggregate risk. An intermediate-term aggregate 
risk assessment takes into account exposure estimates from chronic 
dietary consumption of food and drinking water; and intermediate- term 
residential exposure. Pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) may be used as an inert ingredient in 
pesticide products that would result in intermediate-term residential 
exposure. Intermediate-term risk is assessed based on intermediate-term 
residential exposure plus chronic dietary exposure. The Agency has 
concluded that the aggregate intermediate-term MOEs for adult and 
children are above 100. Therefore there is no concern for intermediate 
term aggregate risk.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in an adequate rodent carcinogenicity 
studies, pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) is not expected to pose a cancer risk to 
humans.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) residues.

V. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is not establishing a numerical tolerance for residues of 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) in or on any food commodities. EPA is 
establishing a limitation on the amount of pentaerythritol tetrakis (3-
(3,5-di-tert-butyl-4-hydroxyphenyl)propionate) that may be used in 
pesticide formulations applied to growing crops, raw agricultural 
commodities after harvest, and animals. Those limitations will be

[[Page 42547]]

enforced through the pesticide registration process under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
seq. EPA will not register any pesticide product applied to growing 
crops and raw agricultural commodities after harvest that contains 
pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) a concentration of more 5% by weight in the 
formulation; or any pesticide product applied applied to animals that 
contains pentaerythritol tetrakis (3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) a concentration of more than 3% by weight in 
the formulation.

VI. Conclusions

    Therefore, exemptions from the requirement of a tolerance are 
established for residues of pentaerythritol tetrakis (3-(3,5-di-tert-
butyl-4-hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) when used as 
an inert ingredient (antioxidant, stabilizer) in pesticide products as 
follows: under 40 CFR 180.910, at a concentration not to exceed 5% by 
weight of the formulation in pesticide formulations applied to growing 
crops and raw agricultural commodities and under 40 CFR 180.930 at a 
concentration not to exceed 3% by weight of the formulation in 
pesticide formulations applied to animals.

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: June 13, 2016.
Daniel J. Rosenblatt,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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


0
2. In Sec.  180.910, add alphabetically the inert ingredient to the 
table to read as follows:


Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Pentaerythritol tetrakis (3-    Not to exceed 5% by     Antioxidant,
 (3,5-di-tert-butyl-4-           weight of the           stabilizer.
 hydroxyphenyl)propionate)       pesticide formulation.
 (CAS Reg. No. 6683-19-8).
 
                              * * * * * * *
------------------------------------------------------------------------


0
3. In Sec.  180.930, add alphabetically the inert ingredient to the 
table to read as follows:


Sec.  180.930  Inert ingredients applied to animals; exemptions from 
the requirement of a tolerance.

* * * * *

[[Page 42548]]



------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Pentaerythritol tetrakis (3-    Not to exceed 3% by     Antioxidant,
 (3,5-di-tert-butyl-4-           weight of the           stabilizer.
 hydroxyphenyl)propionate)       pesticide formulation.
 (CAS Reg. No. 6683-19-8).
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2016-15613 Filed 6-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                         42543

                                              before the number ‘‘850’’ in the fourth                 is open from 8:30 a.m. to 4:30 p.m.,                   mail and hand delivery of objections
                                              and eighth entries;                                     Monday through Friday, excluding legal                 and hearing requests are provided in 40
                                              ■ c. On pages 1112, in table 1 to subpart               holidays. The telephone number for the                 CFR 178.25(b).
                                              KKKK, in the second column, before the                  Public Reading Room is (202) 566–1744,                   In addition to filing an objection or
                                              number ‘‘30’’ in the thirteenth entry.                  and the telephone number for the OPP                   hearing request with the Hearing Clerk
                                              [FR Doc. 2016–15707 Filed 6–29–16; 8:45 am]             Docket is (703) 305–5805. Please review                as described in 40 CFR part 178, please
                                              BILLING CODE 1505–01–D                                  the visitor instructions and additional                submit a copy of the filing (excluding
                                                                                                      information about the docket available                 any Confidential Business Information
                                                                                                      at http://www.epa.gov/dockets.                         (CBI)) for inclusion in the public docket.
                                              ENVIRONMENTAL PROTECTION                                                                                       Information not marked confidential
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              AGENCY                                                                                                         pursuant to 40 CFR part 2 may be
                                                                                                      Susan Lewis, Registration Division
                                                                                                      (7505P), Office of Pesticide Programs,                 disclosed publicly by EPA without prior
                                              40 CFR Part 180                                                                                                notice. Submit the non-CBI copy of your
                                                                                                      Environmental Protection Agency, 1200
                                              [EPA–HQ–OPP–2016–0183; FRL–9947–45]                     Pennsylvania Ave. NW., Washington,                     objection or hearing request, identified
                                                                                                      DC 20460–0001; main telephone                          by docket ID number EPA–HQ–OPP–
                                              Pentaerythritol tetrakis (3-(3,5-di-tert-                                                                      2016–0183, by one of the following
                                                                                                      number: (703) 305–7090; email address:
                                              butyl-4-hydroxyphenyl)propionate);                                                                             methods:
                                                                                                      RDFRNotices@epa.gov.
                                              Exemption From the Requirement of a                                                                              • Federal eRulemaking Portal: http://
                                              Tolerance                                               SUPPLEMENTARY INFORMATION:
                                                                                                                                                             www.regulations.gov. Follow the online
                                                                                                      I. General Information                                 instructions for submitting comments.
                                              AGENCY:  Environmental Protection
                                                                                                                                                             Do not submit electronically any
                                              Agency (EPA).                                           A. Does this action apply to me?                       information you consider to be CBI or
                                              ACTION: Final rule.                                                                                            other information whose disclosure is
                                                                                                         You may be potentially affected by
                                              SUMMARY:    This regulation establishes                 this action if you are an agricultural                 restricted by statute.
                                              exemptions from the requirement of a                    producer, food manufacturer, or                          • Mail: OPP Docket, Environmental
                                              tolerance for residues of pentaerythritol               pesticide manufacturer. The following                  Protection Agency Docket Center (EPA/
                                              tetrakis (3-(3,5-di-tert-butyl-4-                       list of North American Industrial                      DC), (28221T), 1200 Pennsylvania Ave.
                                              hydroxyphenyl)propionate) (CAS Reg.                     Classification System (NAICS) codes is                 NW., Washington, DC 20460–0001.
                                              No. 6683–19–8) under 40 CFR 180.910                     not intended to be exhaustive, but rather                • Hand Delivery: To make special
                                              and 180.930 when used as an inert                       provides a guide to help readers                       arrangements for hand delivery or
                                              ingredient (antioxidant/stabilizer) in                  determine whether this document                        delivery of boxed information, please
                                              pesticide formulations applied to                       applies to them. Potentially affected                  follow the instructions at http://
                                              growing crops and raw agricultural                      entities may include:                                  www.epa.gov/dockets/contacts.html.
                                              commodities after harvest at a                             • Crop production (NAICS code 111).                   Additional instructions on
                                              maximum concentration of 5% by                             • Animal production (NAICS code                     commenting or visiting the docket,
                                              weight in the formulation and applied                   112).                                                  along with more information about
                                              to animals at a maximum concentration                      • Food manufacturing (NAICS code                    dockets generally, is available at http://
                                              of 3% by weight in the formulation,                     311).                                                  www.epa.gov/dockets.
                                              respectively. BASF Corporation                             • Pesticide manufacturing (NAICS                    II. Petition for Exemption
                                              submitted a petition to EPA under the                   code 32532).
                                                                                                                                                                In the Federal Register of April 25,
                                              Federal Food, Drug, and Cosmetic Act                    B. How can I get electronic access to                  2016 (81 FR 24044) (FRL–9944–86),
                                              (FFDCA), requesting establishment of                    other related information?                             EPA issued a document pursuant to
                                              these exemptions from the requirement                                                                          FFDCA section 408, 21 U.S.C. 346a,
                                              of a tolerance. These regulations                         You may access a frequently updated
                                                                                                      electronic version of 40 CFR part 180                  announcing the filing of a pesticide
                                              eliminate the need to establish a                                                                              petition (PP IN–10829) by BASF
                                              maximum permissible level for residues                  through the Government Printing
                                                                                                      Office’s e-CFR site at http://                         Corporation, 100 Park Avenue, Florham
                                              of pentaerythritol tetrakis (3-(3,5-di-tert-                                                                   Park, NJ 07932. The petition requested
                                              butyl-4-hydroxyphenyl)propionate) for                   www.ecfr.gov/cgi-bin/text-
                                                                                                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                   that 40 CFR 180.910 and 180.930 be
                                              these uses.                                                                                                    amended by establishing an exemption
                                                                                                      40tab_02.tpl.
                                              DATES: This regulation is effective June                                                                       from the requirement of a tolerance for
                                              30, 2016. Objections and requests for                   C. How can I file an objection or hearing              residues of pentaerythritol tetrakis (3-
                                              hearings must be received on or before                  request?                                               (3,5-di-tert-butyl-4-
                                              August 29, 2016, and must be filed in                     Under FFDCA section 408(g), 21                       hydroxyphenyl)propionate) (CAS Reg.
                                              accordance with the instructions                        U.S.C. 346a, any person may file an                    No. 6683–19–8) when used as an inert
                                              provided in 40 CFR part 178 (see also                   objection to any aspect of this regulation             ingredient antioxidant/stabilizer in
                                              Unit I.C. of the SUPPLEMENTARY                          and may also request a hearing on those                pesticide formulations applied to
                                              INFORMATION).                                           objections. You must file your objection               growing crops and raw agricultural
                                              ADDRESSES: The docket for this action,                  or request a hearing on this regulation                commodities after harvest under 40 CFR
                                              identified by docket identification (ID)                in accordance with the instructions                    180.910 at a maximum concentration of
                                              number EPA–HQ–OPP–2016–0183, is                         provided in 40 CFR part 178. To ensure                 5% by weight in the formulation; and
                                              available at http://www.regulations.gov                 proper receipt by EPA, you must                        applied to animals under 40 CFR
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                                              or at the Office of Pesticide Programs                  identify docket ID number EPA–HQ–                      180.930 at a maximum concentration of
                                              Regulatory Public Docket (OPP Docket)                   OPP–2016–0183 in the subject line on                   3% by weight in the formulation. That
                                              in the Environmental Protection Agency                  the first page of your submission. All                 document referenced a summary of the
                                              Docket Center (EPA/DC), West William                    objections and requests for a hearing                  petition prepared by Lewis & Harrison
                                              Jefferson Clinton Bldg., Rm. 3334, 1301                 must be in writing, and must be                        LLC on behalf of BASF Corporation, the
                                              Constitution Ave. NW., Washington, DC                   received by the Hearing Clerk on or                    petitioner, which is available in the
                                              20460–0001. The Public Reading Room                     before August 29, 2016. Addresses for                  docket, http://www.regulations.gov.


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                                              42544              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              There were no comments received in                      inert ingredient through food, drinking                well as the no-observed-adverse-effect-
                                              response to the notice of filing.                       water, and through other exposures that                level (NOAEL) and the lowest-observed-
                                                                                                      occur as a result of pesticide use in                  adverse-effect-level (LOAEL) from the
                                              III. Inert Ingredient Definition
                                                                                                      residential settings. If EPA is able to                toxicity studies can be found at http://
                                                 Inert ingredients are all ingredients                determine that a finite tolerance is not               www.regulations.gov in the document
                                              that are not active ingredients as defined              necessary to ensure that there is a                    ‘‘Pentaerythritol tetrakis (3-(3,5-di-tert-
                                              in 40 CFR 153.125 and include, but are                  reasonable certainty that no harm will                 butyl-4-hydroxyphenyl) propionate)
                                              not limited to, the following types of                  result from aggregate exposure to the                  (CAS Reg. No. 6683–19–8).
                                              ingredients (except when they have a                    inert ingredient, an exemption from the
                                              pesticidal efficacy of their own):                                                                             Human Health Risk Assessment and
                                                                                                      requirement of a tolerance may be
                                              Solvents such as alcohols and                                                                                  Ecological Effects Assessment to
                                                                                                      established.
                                              hydrocarbons; surfactants such as                          Consistent with FFDCA section                       Support
                                              polyoxyethylene polymers and fatty                      408(c)(2)(A), and the factors specified in               A Proposed Exemption from the
                                              acids; carriers such as clay and                        FFDCA section 408(c)(2)(B), EPA has                    Requirement of a Tolerance When Used
                                              diatomaceous earth; thickeners such as                  reviewed the available scientific data                 as an Inert Ingredient’’ at pages 10–15 in
                                              carrageenan and modified cellulose;                     and other relevant information in                      docket ID number EPA–HQ–OPP–2016–
                                              wetting, spreading, and dispersing                      support of this action. EPA has                        018.
                                              agents; propellants in aerosol                          sufficient data to assess the hazards of               B. Toxicological Points of Departure/
                                              dispensers; microencapsulating agents;                  and to make a determination on                         Levels of Concern
                                              and emulsifiers. The term ‘‘inert’’ is not              aggregate exposure for pentaerythritol
                                              intended to imply nontoxicity; the                      tetrakis (3-(3,5-di-tert-butyl-4-                         Once a pesticide’s toxicological
                                              ingredient may or may not be                            hydroxyphenyl)propionate) including                    profile is determined, EPA identifies
                                              chemically active. Generally, EPA has                   exposure resulting from the exemption                  toxicological points of departure (POD)
                                              exempted inert ingredients from the                     established by this action. EPA’s                      and levels of concern to use in
                                              requirement of a tolerance based on the                 assessment of exposures and risks                      evaluating the risk posed by human
                                              low toxicity of the individual inert                    associated with pentaerythritol tetrakis               exposure to the pesticide. For hazards
                                              ingredients.                                            (3-(3,5-di-tert-butyl-4-                               that have a threshold below which there
                                                                                                      hydroxyphenyl)propionate) follows.                     is no appreciable risk, the toxicological
                                              IV. Aggregate Risk Assessment and                                                                              POD is used as the basis for derivation
                                              Determination of Safety                                 A. Toxicological Profile                               of reference values for risk assessment.
                                                 Section 408(c)(2)(A)(i) of FFDCA                        EPA has evaluated the available                     PODs are developed based on a careful
                                              allows EPA to establish an exemption                    toxicity data and considered their                     analysis of the doses in each
                                              from the requirement for a tolerance (the               validity, completeness, and reliability as             toxicological study to determine the
                                              legal limit for a pesticide chemical                    well as the relationship of the results of             dose at which no adverse effects are
                                              residue in or on a food) only if EPA                    the studies to human risk. EPA has also                observed (the NOAEL) and the lowest
                                              determines that the tolerance is ‘‘safe.’’              considered available information                       dose at which adverse effects of concern
                                              Section 408(b)(2)(A)(ii) of FFDCA                       concerning the variability of the                      are identified (the LOAEL). Uncertainty/
                                              defines ‘‘safe’’ to mean that ‘‘there is a              sensitivities of major identifiable                    safety factors are used in conjunction
                                              reasonable certainty that no harm will                  subgroups of consumers, including                      with the POD to calculate a safe
                                              result from aggregate exposure to the                   infants and children. Pentaerythritol                  exposure level—generally referred to as
                                              pesticide chemical residue, including                   tetrakis (3-(3,5-di-tert-butyl-4-                      a population-adjusted dose (PAD) or a
                                              all anticipated dietary exposures and all               hydroxyphenyl)propionate) has low                      reference dose (RfD)—and a safe margin
                                              other exposures for which there is                      acute toxicity via the oral, dermal, and               of exposure (MOE). For non-threshold
                                              reliable information.’’ This includes                   inhalation routes of exposure.                         risks, the Agency assumes that any
                                              exposure through drinking water and in                  Pentaerythritol tetrakis 3-(3,5-di-tert-               amount of exposure will lead to some
                                              residential settings, but does not include              butyl-4-hydroxyphenyl)propionate) is                   degree of risk. Thus, the Agency
                                              occupational exposure. Section                          not irritating to the eyes and the skin.               estimates risk in terms of the probability
                                              408(b)(2)(C) of FFDCA requires EPA to                   It is not a dermal sensitizer. In a                    of an occurrence of the adverse effect
                                              give special consideration to exposure                  subchronic study in dogs and a                         expected in a lifetime. For more
                                              of infants and children to the pesticide                subchronic study in rats, effects were                 information on the general principles
                                              chemical residue in establishing a                      limited to decreases in body weight                    EPA uses in risk characterization and a
                                              tolerance and to ‘‘ensure that there is a               gain, food consumption, and thyroid                    complete description of the risk
                                              reasonable certainty that no harm will                  weights in rats. No fetal toxicity was                 assessment process, see http://
                                              result to infants and children from                     reported in developmental toxicity                     www.epa.gov/pesticides/factsheets/
                                              aggregate exposure to the pesticide                     study in the rat. In a developmental                   riskassess.htm.
                                              chemical residue. . . .’’                               toxicity study with mice, incompletely                    Based on the results of the available
                                                 EPA establishes exemptions from the                  ossified sternebrae in the high-dose                   safety studies for pentaerythritol tetrakis
                                              requirement of a tolerance only in those                group was observed in the absence of                   (3-(3,5-di-tert-butyl-4-
                                              cases where it can be clearly                           maternal toxicity. In a rat 2-generation               hydroxyphenyl)propionate, the
                                              demonstrated that the risks from                        reproduction study, no adverse effects                 reference dose (RfD) for repeated oral,
                                              aggregate exposure to pesticide                         were observed at doses up to 1,000                     dermal, and inhalation exposures to
                                              chemical residues under reasonably                      milligrams/kilogram/day (mg/kg/day).                   pentaerythritol tetrakis (3-(3,5-di-tert-
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                                              foreseeable circumstances will pose no                  There was no evidence of carcinogenic                  butyl-4-hydroxyphenyl)propionate is
                                              appreciable risks to human health. In                   potential in a rat chronic toxicity/                   1.35 mg/kg/day. The key study for
                                              order to determine the risks from                       carcinogenicity study. Specific                        deriving the RfD is the chronic toxicity
                                              aggregate exposure to pesticide inert                   information on the studies received and                study in rats. The NOAEL for in this
                                              ingredients, the Agency considers the                   the nature of the adverse effects caused               study is 135 mg/kg/day based on
                                              toxicity of the inert in conjunction with               by pentaerythritol tetrakis (3-(3,5-di-tert-           decreases in body weight gain, food
                                              possible exposure to residues of the                    butyl-4-hydroxyphenyl)propionate) as                   consumption, and thyroid weights in


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                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                        42545

                                              males at the LOAEL of 446 mg/kg/day.                    degradation between the active and                     ingredient in pesticide formulations
                                              Applying an uncertainty factor of 100                   inert ingredient (if any) and that the                 used in residential settings. These
                                              for extrapolation from animal to human                  concentration of inert ingredient in the               residential exposures could occur by
                                              (interspecies variation) and potential                  scenarios leading to these highest of                  ingestion of materials to which
                                              variation in sensitivity among members                  tolerances would be no higher than the                 pesticides containing of pentaerythritol
                                              of the human population (intraspecies                   concentration of the active ingredient.                tetrakis (3-(3,5-di-tert-butyl-4-
                                              sensitivity) results in the RfD of 1.35                 The model assumes 100 percent crop                     hydroxyphenyl)propionate have been
                                              mg/kg/day. The Food Quality Protection                  treated (PCT) for all crops and that every             applied as well as dermal and
                                              Act (FQPA) (Pub. L. 104–170) safety                     food eaten by a person each day has                    inhalation exposures through the use of
                                              factor for pentaerythritol tetrakis (3-(3,5-            tolerance-level residues. A complete                   such products. These residential
                                              di-tert-butyl-4-                                        description of the general approach                    pesticide exposures are considered
                                              hydroxyphenyl)propionate is 1X. The                     taken to assess inert ingredient risks in              short-term and intermediate-term in
                                              resultant population adjusted dose                      the absence of residue data is contained               nature.
                                              (PAD) is 1.35 mg/kg/day. The margin of                  in the memorandum entitled ‘‘Alkyl                        4. Cumulative effects from substances
                                              exposure (MOE) for residential exposure                 Amines Polyalkoxylates (Cluster 4):                    with a common mechanism of toxicity.
                                              is 100 or greater and is based upon the                 Acute and Chronic Aggregate (Food and                  Section 408(b)(2)(D)(v) of FFDCA
                                              NOAEL derived from the chronic oral                     Drinking Water) Dietary Exposure and                   requires that, when considering whether
                                              toxicity study in rats (135 mg/kg/day)                  Risk Assessments for the Inerts.’’                     to establish, modify, or revoke a
                                              with an assumption of 10% dermal                        (D361707, S. Piper, 2/25/09) and can be                tolerance, the Agency consider
                                              absorption (based on molecular weight                   found at http://www.regulations.gov in                 ‘‘available information’’ concerning the
                                              and octanol-water partition coefficient)                docket ID number EPA–HQ–OPP–2008–                      cumulative effects of a particular
                                              and inhalation toxicity being equivalent                0738.                                                  pesticide’s residues and ‘‘other
                                              oral toxicity.                                             In the case of pentaerythritol tetrakis             substances that have a common
                                                                                                      (3-(3,5-di-tert-butyl-4-                               mechanism of toxicity.’’
                                              C. Exposure Assessment                                  hydroxyphenyl)propionate) EPA made                        EPA has not found pentaerythritol
                                                 1. Dietary exposure from food and                    specific adjustments to the dietary                    tetrakis (3-(3,5-di-tert-butyl-4-
                                              feed uses. In evaluating dietary                        exposure assessment to account for the                 hydroxyphenyl)propionate) to share a
                                              exposure to pentaerythritol tetrakis (3-                use limitations of pentaerythritol                     common mechanism of toxicity with
                                              (3,5-di-tert-butyl-4-                                   tetrakis (3-(3,5-di-tert-butyl-4-                      any other substances, and
                                              hydroxyphenyl)propionate), EPA                          hydroxyphenyl)propionate) as an inert                  pentaerythritol tetrakis (3-(3,5-di-tert-
                                              considered exposure under the                           ingredient in pesticide formulations                   butyl-4-hydroxyphenyl)propionate)
                                              proposed exemption from the                             applied to growing crops and raw                       does not appear to produce a toxic
                                              requirement of a tolerance. EPA                         agricultural commodities after harvest at              metabolite produced by other
                                              assessed dietary exposures from                         a maximum concentration of % by                        substances. For the purposes of this
                                              pentaerythritol tetrakis (3-(3,5-di-tert-               weight in the pesticide formulation and                tolerance action, therefore, EPA has
                                              butyl-4-hydroxyphenyl)propionate) in                    as an inert ingredient in pesticide                    assumed that pentaerythritol tetrakis
                                              food as follows:                                        formulations applied to animals at a                   (3-(3,5-di-tert-butyl-4-
                                                 An acute dietary risk assessment was                 maximum concentration of 3% by                         hydroxyphenyl)propionate) does not
                                              not conducted because no endpoint of                    weight in the pesticide formulation.                   have a common mechanism of toxicity
                                              concern following a single exposure was                 Preharvest uses.                                       with other substances. For information
                                              identified in the available studies. A                     2. Dietary exposure from drinking                   regarding EPA’s efforts to determine
                                              chronic dietary exposure assessment                     water. For the purpose of the screening                which chemicals have a common
                                              was completed and performed using the                   level dietary risk assessment to support               mechanism of toxicity and to evaluate
                                              Dietary Exposure Evaluation Model                       this request for an exemption from the                 the cumulative effects of such
                                              DEEM–FCIDTM, Version 3.16, EPA used                     requirement of a tolerance for                         chemicals, see EPA’s Web site at http://
                                              food consumption information from the                   pentaerythritol tetrakis (3-(3,5-di-tert-              www.epa.gov/pesticides/cumulative.
                                              U.S. Department of Agriculture’s                        butyl-4-hydroxyphenyl)propionate), a
                                              National Health and Nutrition                           conservative drinking water                            D. Safety Factor for Infants and
                                              Examination Survey, What we eat in                      concentration value of 100 ppb based on                Children
                                              America, (NHANES/WWEIA). This                           screening level modeling was used to                     1. In general. Section 408(b)(2)(C) of
                                              dietary survey was conducted from 2003                  assess the contribution to drinking                    FFDCA provides that EPA shall apply
                                              to 2008. As to residue levels in food, no               water for the chronic dietary risk                     an additional tenfold (10X) margin of
                                              residue data were submitted for                         assessments for parent compound.                       safety for infants and children in the
                                              pentaerythritol tetrakis (3-(3,5-di-tert-               These values were directly entered into                case of threshold effects to account for
                                              butyl-4-hydroxyphenyl)propionate). In                   the dietary exposure model.                            prenatal and postnatal toxicity and the
                                              the absence of actual residue data, EPA                    3. From non-dietary exposure. The                   completeness of the database on toxicity
                                              has developed an approach which uses                    term ‘‘residential exposure’’ is used in               and exposure unless EPA determines
                                              surrogate information to derive upper                   this document to refer to non-                         based on reliable data that a different
                                              bound exposure estimates for the                        occupational, non-dietary exposure                     margin of safety will be safe for infants
                                              subject inert ingredient. In the absence                (e.g., for lawn and garden pest control,               and children. This additional margin of
                                              of actual residue data, the inert                       indoor pest control, termiticides, and                 safety is commonly referred to as the
                                              ingredient evaluation is based on a                     flea and tick control on pets). Based on               FQPA Safety Factor (SF). In applying
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                                              highly conservative model which                         the requested use of pentaerythritol                   this provision, EPA either retains the
                                              assumes that the residue level of the                   tetrakis (3-(3,5-di-tert-butyl-4-                      default value of 10X, or uses a different
                                              inert ingredient would be no higher                     hydroxyphenyl)propionate), the Agency                  additional safety factor when reliable
                                              than the highest established tolerance                  does not expect non-occupational, non-                 data available to EPA support the choice
                                              for an active ingredient on a given                     dietary exposures. However, once                       of a different factor.
                                              commodity. Implicit in this assumption                  approved, there is a potential for                       2. Prenatal and postnatal sensitivity.
                                              is that there would be similar rates of                 residential exposure from use as an inert              Fetal susceptibility was not observed in


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                                              42546              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              the developmental toxicity study in                     need for an immunotoxicity study or                    into account exposure estimates from
                                              mice. In a developmental toxicity study                 additional UFs to account for                          chronic dietary consumption of food
                                              with rats, fetal effects (decreased                     immunotoxicity.                                        and drinking water; and short-term
                                              ossification of the sternebrae) were                       iv. The dietary food exposure                       residential exposure. Pentaerythritol
                                              observed without accompanying                           assessment utilizes 100% crop treated                  tetrakis (3-(3,5-di-tert-butyl-4-
                                              maternal toxicity at the high dose group                information for all commodities. By                    hydroxyphenyl)propionate) may be
                                              of 500 mg/kg/day. There are no                          using these screening-level assessments,               used as an inert ingredient in pesticide
                                              concerns for reproductive toxicity (no                  chronic exposures/risks will not be                    products that would result in short-term
                                              effects at up to the limit dose of 1,000                underestimated. EPA made conservative                  residential exposure. Short-term risk is
                                              mg/kg/day were observed in a 2-                         (protective) assumptions in the ground                 assessed based on short-term residential
                                              generation reproductive toxicity study                  and surface water modeling used to                     exposure plus chronic dietary exposure.
                                              in rats).                                               assess exposure to pentaerythritol                     The Agency has concluded that the
                                                 3. Conclusion. EPA has determined                    tetrakis (3-(3,5-di-tert-butyl-4-                      aggregate short-term MOEs for adult and
                                              that reliable data show the safety of                   hydroxyphenyl)propionate) in drinking                  children are above 100. Therefore there
                                              infant and children would be                            water. EPA used similarly conservative                 is no concern for short-term aggregate
                                              adequately protected if the FQPA SF                     assumptions to assess postapplication                  risk.
                                              were reduced to 1X. That decision is                    exposure of children as well as                           4. Intermediate-term aggregate risk.
                                              based on the following findings:                        incidental oral exposure of toddlers.                  An intermediate-term aggregate risk
                                                 i. The toxicity database for                         These assessments will not                             assessment takes into account exposure
                                              pentaerythritol tetrakis(3-(3,5-di-tert-                underestimate the exposure and risks                   estimates from chronic dietary
                                              butyl-4-hydroxyphenyl)propionate)                       posed by pentaerythritol tetrakis (3-(3,5-             consumption of food and drinking
                                              includes a subchronic toxicity study,                   di-tert-butyl-4-                                       water; and intermediate- term
                                              two developmental toxicity studies, a                   hydroxyphenyl)propionate).                             residential exposure. Pentaerythritol
                                              reproductive toxicity study, chronic/                                                                          tetrakis (3-(3,5-di-tert-butyl-4-
                                              carcinogenicity studies, and several                    E. Aggregate Risks and Determination of
                                                                                                                                                             hydroxyphenyl)propionate) may be
                                              mutagenicity studies. No parental or                    Safety
                                                                                                                                                             used as an inert ingredient in pesticide
                                              offspring effects were observed in a 2-                    EPA determines whether acute and                    products that would result in
                                              generation reproductive toxicity study                  chronic dietary pesticide exposures are                intermediate-term residential exposure.
                                              in rats at dose levels up to 500 mg/kg/                 safe by comparing aggregate exposure                   Intermediate-term risk is assessed based
                                              day, the highest dose tested. In a                      estimates to the acute PAD (aPAD) and                  on intermediate-term residential
                                              developmental study in mice, no fetal or                chronic PAD (cPAD). For linear cancer                  exposure plus chronic dietary exposure.
                                              maternal effects were observed at doses                 risks, EPA calculates the lifetime                     The Agency has concluded that the
                                              up to 1,000 mg/kg/day. In a                             probability of acquiring cancer given the              aggregate intermediate-term MOEs for
                                              developmental toxicity study in rats no                 estimated aggregate exposure. Short-,                  adult and children are above 100.
                                              maternal effects were observed at 500                   intermediate-, and chronic-term risks                  Therefore there is no concern for
                                              mg/kg/day, the highest dose tested,                     are evaluated by comparing the                         intermediate term aggregate risk.
                                              however, fetal effects were observed,                   estimated aggregate food, water, and                      5. Aggregate cancer risk for U.S.
                                              albeit only in the high dose test group                 residential exposure to the appropriate                population. Based on the lack of
                                              of 500 mg/kg/day. Since a clear NOAEL                   PODs to ensure that an adequate MOE                    evidence of carcinogenicity in an
                                              (150 mg/kg/day) for fetal effects was                   exists.                                                adequate rodent carcinogenicity studies,
                                              established in this study, no effects are                  1. Acute risk. An acute aggregate risk              pentaerythritol tetrakis (3-(3,5-di-tert-
                                              observed in the mice developmental and                  assessment takes into account acute                    butyl-4-hydroxyphenyl)propionate) is
                                              rat reproductive toxicity study, and the                exposure estimates from dietary                        not expected to pose a cancer risk to
                                              selected point of departure for risk                    consumption of food and drinking                       humans.
                                              assessment purposes is based on dose                    water. No adverse effect resulting from                   6. Determination of safety. Based on
                                              levels below which effects are seen in                  a single oral exposure was identified                  these risk assessments, EPA concludes
                                              the rat developmental toxicity study,                   and no acute dietary endpoint was                      that there is a reasonable certainty that
                                              there is no need for an additional UF to                selected. Therefore, pentaerythritol                   no harm will result to the general
                                              account for fetal susceptibility.                       tetrakis (3-(3,5-di-tert-butyl-4-                      population, or to infants and children
                                                 ii. There is no indication that                      hydroxyphenyl)propionate) is not                       from aggregate exposure to
                                              pentaerythritol tetrakis (3-(3,5-di-tert-               expected to pose an acute risk.                        pentaerythritol tetrakis (3-(3,5-di-tert-
                                              butyl-4-hydroxyphenyl)propionate) is a                     2. Chronic risk. Using the exposure                 butyl-4-hydroxyphenyl)propionate)
                                              neurotoxic chemical. Although no                        assumptions described in this unit for                 residues.
                                              neurotoxicity studies were available in                 chronic exposure, EPA has concluded
                                              the database, no clinical signs of                      that chronic exposure to pentaerythritol               V. Analytical Enforcement Methodology
                                              neurotoxicity were observed in the                      tetrakis (3-(3,5-di-tert-butyl-4-                         An analytical method is not required
                                              available subchronic and chronic                        hydroxyphenyl)propionate) from food                    for enforcement purposes since the
                                              studies. Therefore, there is no need for                and water will utilize 26% of the cPAD                 Agency is not establishing a numerical
                                              a developmental neurotoxicity study or                  for children 1–2 years old, the                        tolerance for residues of pentaerythritol
                                              additional UFs to account for                           population group receiving the greatest                tetrakis (3-(3,5-di-tert-butyl-4-
                                              neurotoxicity.                                          exposure based on the explanation in                   hydroxyphenyl)propionate) in or on any
                                                 iii. There is no indication that                     this unit, regarding residential use                   food commodities. EPA is establishing a
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                                              pentaerythritol tetrakis (3-(3,5-di-tert-               patterns, chronic residential exposure to              limitation on the amount of
                                              butyl-4-hydroxyphenyl)propionate) is                    residues of pentaerythritol tetrakis (3-               pentaerythritol tetrakis (3-(3,5-di-tert-
                                              an immunotoxic chemical. Although no                    (3,5-di-tert-butyl-4-                                  butyl-4-hydroxyphenyl)propionate) that
                                              immunotoxicity studies were available                   hydroxyphenyl)propionate) is not                       may be used in pesticide formulations
                                              in the database, no signs of                            expected.                                              applied to growing crops, raw
                                              immunotoxicity were observed in the                        3. Short-term aggregate risk. A short-              agricultural commodities after harvest,
                                              available studies. Therefore, there is no               term aggregate risk assessment takes                   and animals. Those limitations will be


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                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                                          42547

                                              enforced through the pesticide                          entitled ‘‘Actions Concerning                                does not impose any enforceable duty or
                                              registration process under the Federal                  Regulations That Significantly Affect                        contain any unfunded mandate as
                                              Insecticide, Fungicide, and Rodenticide                 Energy Supply, Distribution, or Use’’ (66                    described under Title II of the Unfunded
                                              Act (FIFRA), 7 U.S.C. 136 et seq. EPA                   FR 28355, May 22, 2001) or Executive                         Mandates Reform Act (UMRA) (2 U.S.C.
                                              will not register any pesticide product                 Order 13045, entitled ‘‘Protection of                        1501 et seq.).
                                              applied to growing crops and raw                        Children from Environmental Health                             This action does not involve any
                                              agricultural commodities after harvest                  Risks and Safety Risks’’ (62 FR 19885,                       technical standards that would require
                                              that contains pentaerythritol tetrakis (3-              April 23, 1997). This action does not                        Agency consideration of voluntary
                                              (3,5-di-tert-butyl-4-                                   contain any information collections                          consensus standards pursuant to section
                                              hydroxyphenyl)propionate) a                             subject to OMB approval under the                            12(d) of the National Technology
                                              concentration of more 5% by weight in                   Paperwork Reduction Act (PRA) (44                            Transfer and Advancement Act
                                              the formulation; or any pesticide                       U.S.C. 3501 et seq.), nor does it require                    (NTTAA) (15 U.S.C. 272 note).
                                              product applied applied to animals that                 any special considerations under
                                              contains pentaerythritol tetrakis (3-(3,5-              Executive Order 12898, entitled                              VIII. Congressional Review Act
                                              di-tert-butyl-4-                                        ‘‘Federal Actions to Address                                   Pursuant to the Congressional Review
                                              hydroxyphenyl)propionate) a                             Environmental Justice in Minority                            Act (5 U.S.C. 801 et seq.), EPA will
                                              concentration of more than 3% by                        Populations and Low-Income                                   submit a report containing this rule and
                                              weight in the formulation.                              Populations’’ (59 FR 7629, February 16,                      other required information to the U.S.
                                              VI. Conclusions                                         1994).                                                       Senate, the U.S. House of
                                                                                                         Since tolerances and exemptions that                      Representatives, and the Comptroller
                                                Therefore, exemptions from the                        are established on the basis of a petition
                                              requirement of a tolerance are                                                                                       General of the United States prior to
                                                                                                      under FFDCA section 408(d), such as                          publication of the rule in the Federal
                                              established for residues of
                                                                                                      the exemptions in this final rule, do not                    Register. This action is not a ‘‘major
                                              pentaerythritol tetrakis (3-(3,5-di-tert-
                                                                                                      require the issuance of a proposed rule,                     rule’’ as defined by 5 U.S.C. 804(2).
                                              butyl-4-hydroxyphenyl)propionate)
                                                                                                      the requirements of the Regulatory
                                              (CAS Reg. No. 6683–19–8) when used as                                                                                List of Subjects in 40 CFR Part 180
                                                                                                      Flexibility Act (RFA) (5 U.S.C. 601 et
                                              an inert ingredient (antioxidant,
                                                                                                      seq.), do not apply.                                           Environmental protection,
                                              stabilizer) in pesticide products as
                                              follows: under 40 CFR 180.910, at a                        This action directly regulates growers,                   Administrative practice and procedure,
                                              concentration not to exceed 5% by                       food processors, food handlers, and food                     Agricultural commodities, Pesticides
                                              weight of the formulation in pesticide                  retailers, not States or tribes, nor does                    and pests, Reporting and recordkeeping
                                              formulations applied to growing crops                   this action alter the relationships or                       requirements.
                                              and raw agricultural commodities and                    distribution of power and                                      Dated: June 13, 2016.
                                              under 40 CFR 180.930 at a                               responsibilities established by Congress
                                                                                                                                                                   Daniel J. Rosenblatt,
                                              concentration not to exceed 3% by                       in the preemption provisions of FFDCA
                                                                                                      section 408(n)(4). As such, the Agency                       Director, Registration Division, Office of
                                              weight of the formulation in pesticide                                                                               Pesticide Programs.
                                              formulations applied to animals.                        has determined that this action will not
                                                                                                      have a substantial direct effect on States                     Therefore, 40 CFR chapter I is
                                              VII. Statutory and Executive Order                      or tribal governments, on the                                amended as follows:
                                              Reviews                                                 relationship between the national
                                                                                                      government and the States or tribal                          PART 180—[AMENDED]
                                                 This action establishes exemptions
                                              from the requirement of a tolerance                     governments, or on the distribution of
                                                                                                                                                                   ■ 1. The authority citation for part 180
                                              under FFDCA section 408(d) in                           power and responsibilities among the
                                                                                                                                                                   continues to read as follows:
                                              response to a petition submitted to the                 various levels of government or between
                                              Agency. The Office of Management and                    the Federal Government and Indian                                Authority: 21 U.S.C. 321(q), 346a and 371.
                                              Budget (OMB) has exempted these types                   tribes. Thus, the Agency has determined                      ■ 2. In § 180.910, add alphabetically the
                                              of actions from review under Executive                  that Executive Order 13132, entitled                         inert ingredient to the table to read as
                                              Order 12866, entitled ‘‘Regulatory                      ‘‘Federalism’’ (64 FR 43255, August 10,                      follows:
                                              Planning and Review’’ (58 FR 51735,                     1999) and Executive Order 13175,
                                              October 4, 1993). Because this action                   entitled ‘‘Consultation and Coordination                     § 180.910 Inert ingredients used pre- and
                                              has been exempted from review under                     with Indian Tribal Governments’’ (65 FR                      post-harvest; exemptions from the
                                              Executive Order 12866, this action is                   67249, November 9, 2000) do not apply                        requirement of a tolerance.
                                              not subject to Executive Order 13211,                   to this action. In addition, this action                     *       *     *       *      *

                                                                    Inert ingredients                                                                Limits                                          Uses


                                                       *                   *                    *                   *                 *                    *                                                *
                                              Pentaerythritol     tetrakis     (3-(3,5-di-tert-butyl-4- Not to exceed 5% by weight of the pesticide formula-                             Antioxidant, stabilizer.
                                                hydroxyphenyl)propionate) (CAS Reg. No. 6683–19–8).       tion.

                                                        *                       *                         *                          *                        *                      *                      *
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                                              ■ 3. In § 180.930, add alphabetically the               § 180.930 Inert ingredients applied to
                                              inert ingredient to the table to read as                animals; exemptions from the requirement
                                                                                                      of a tolerance.
                                              follows:
                                                                                                      *        *      *       *          *




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                                              42548              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                                                    Inert ingredients                                                              Limits                                         Uses


                                                       *                   *                    *                   *                 *                    *                                             *
                                              Pentaerythritol     tetrakis     (3-(3,5-di-tert-butyl-4- Not to exceed 3% by weight of the pesticide formula-                          Antioxidant, stabilizer.
                                                hydroxyphenyl)propionate) (CAS Reg. No. 6683–19–8).       tion.

                                                        *                       *                       *                          *                        *                     *                      *



                                              [FR Doc. 2016–15613 Filed 6–29–16; 8:45 am]             are correcting this error by adding a                      § 416.44   [Corrected]
                                              BILLING CODE 6560–50–P                                  sentence to clarify that outpatient                        ■ 1. On page 26897, in the first column,
                                                                                                      surgical departments must meet the                         line 1 (§ 416.44(b)(1)), after the word
                                                                                                      provisions applicable to Ambulatory                        ‘‘Occupancies’’ insert ‘‘, regardless of
                                              DEPARTMENT OF HEALTH AND                                Health Care Occupancies, regardless of                     the number of patients served,’’.
                                              HUMAN SERVICES                                          the number of patients served.
                                                                                                                                                                 § 482.41   [Corrected]
                                                                                                        On page 26900, at § 483.70(a)(8), we
                                              Centers for Medicare & Medicaid                         inadvertently specified an incorrect                       ■ 2. On page 26899, in the first column;
                                              Services                                                facility type. We are correcting this error                in § 482.41(b)(1)(i), add a new sentence
                                                                                                      to specify the requirements an LTC                         at the end of the paragraph to read,
                                              42 CFR Parts 416, 482, and 483                          facility must meet when a sprinkler                        ‘‘Outpatient surgical departments must
                                              [CMS–3277–CN]                                           system is shut down for more than 10                       meet the provisions applicable to
                                                                                                      hours.                                                     Ambulatory Health Care Occupancies,
                                              RIN 0938–AR72                                                                                                      regardless of the number of patients
                                                                                                      III. Waiver of Proposed Rulemaking                         served.’’
                                              Medicare and Medicaid Programs; Fire                    and the 30-Day Delay in Effective Date
                                              Safety Requirements for Certain Health                                                                             § 483.70   [Corrected]
                                              Care Facilities; Correction                               We ordinarily publish a notice of
                                                                                                                                                                 ■ 3. On page 26900, in the first column;
                                                                                                      proposed rulemaking in the Federal
                                              AGENCY:  Centers for Medicare &                                                                                    in § 483.70(a)(8) introductory text, in
                                                                                                      Register to provide a period for public
                                              Medicaid Services (CMS), HHS.                                                                                      line 2, the word ‘‘ASC’’ is corrected to
                                                                                                      comment before the provisions of a rule
                                              ACTION: Final rule; correction.                                                                                    read ‘‘LTC facility’’.
                                                                                                      take effect in accordance with section
                                                                                                      553(b) of the Administrative Procedure                       Dated: June 22, 2016.
                                              SUMMARY:   This document corrects
                                                                                                      Act (APA) (5 U.S.C. 553(b)). However,                      Madhura Valverde,
                                              technical errors that appeared in the
                                              final rule published in the Federal                     we can waive this notice and comment                       Executive Secretary to the Department,
                                                                                                      procedure if the Secretary finds, for                      Department of Health and Human Services.
                                              Register on May 4, 2016, entitled
                                              ‘‘Medicare and Medicaid Programs; Fire                  good cause, that the notice and                            [FR Doc. 2016–15460 Filed 6–29–16; 8:45 am]
                                              Safety Requirements for Certain Health                  comment process is impracticable,                          BILLING CODE 4120–01–P

                                              Care Facilities.’’                                      unnecessary, or contrary to the public
                                                                                                      interest, and incorporates a statement of
                                              DATES: This correction is effective July
                                                                                                      the finding and the reasons therefore in                   DEPARTMENT OF TRANSPORTATION
                                              5, 2016.
                                                                                                      the notice.
                                              FOR FURTHER INFORMATION CONTACT:                                                                                   Maritime Administration
                                              Kristin Shifflett, (410) 786–4133.                        Section 553(d) of the APA ordinarily
                                                                                                      requires a 30-day delay in effective date
                                              SUPPLEMENTARY INFORMATION:                                                                                         46 CFR Parts 221, 307, 340, and 356
                                                                                                      of final rules after the date of their
                                              I. Background                                           publication in the Federal Register.                       RIN 2133–AB89
                                                In FR Doc. 2016–10043 of May 4,                       This 30-day delay in effective date can
                                                                                                      be waived; however, if an agency finds                     Civil Penalties
                                              2016 (81 FR 26871), there were
                                              technical errors that are identified and                for good cause that the delay is                           AGENCY:  Maritime Administration
                                              corrected in the Correction of Errors                   impracticable, unnecessary, or contrary                    (MARAD), Department of
                                              section below. The provisions in this                   to the public interest, and the agency                     Transportation (DOT).
                                              correction document are effective as if                 incorporates a statement of the findings
                                                                                                                                                                 ACTION: Interim final rule.
                                              they had been included in the document                  and its reasons in the rule issued. In this
                                              published May 4, 2016. Accordingly,                     case, we find that a period for comment                    SUMMARY:   This interim final rule
                                              the corrections are effective July 5, 2016.             and a delay in the effective date of                       updates the maximum civil penalty
                                                                                                      publication are both unnecessary,                          amounts for violations of statutes and
                                              II. Summary of Errors in Regulations                    because this correction notice merely                      regulations administered by MARAD
                                              Text                                                    corrects technical and typographical                       pursuant to the Federal Civil Penalties
                                                On page 26897, at § 416.44(b)(1), we                  errors in the regulations text and makes                   Inflation Adjustment Act Improvement
                                              inadvertently omitted a portion of the                  no changes in CMS policy. For this                         Act of 2015. This interim final rule
                                              sentence. We are correcting this                        reason, we believe we have good cause                      amends our regulations to reflect the
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                                              sentence to read, ‘‘. . . the ASC must                  to waive the APA notice and comment                        new, adjusted civil penalty amounts
                                              meet the provisions applicable to                       period and delayed effective date.                         MARAD may assess pursuant for
                                              Ambulatory Health Care Occupancies,                     IV. Correction of Errors                                   violations of procedures related to the
                                              regardless of the number of patients                                                                               American Fisheries Act, certain
                                              served[.]’’.                                              In FR Doc. 2016–10043 of May 4,                          regulated transactions involving
                                                On page 26899, at § 482.41(b)(1)(i), we               2016 (81 FR 26871), make the following                     documented vessels, the Automated
                                              inadvertently omitted a sentence. We                    corrections:                                               Mutual Assistance Vessel Rescue


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Document Created: 2018-02-08 07:45:28
Document Modified: 2018-02-08 07:45:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective June 30, 2016. Objections and requests for hearings must be received on or before August 29, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 42543 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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