81_FR_95734 81 FR 95485 - Methyl Isobutyrate and Isobutyl Isobutyrate; Exemption From the Requirement of a Tolerance

81 FR 95485 - Methyl Isobutyrate and Isobutyl Isobutyrate; Exemption From the Requirement of a Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range95485-95489
FR Document2016-31215

This regulation establishes exemptions from the requirement of a tolerance for residues of methyl isobutyrate (CAS Reg. No. 547-63-7) and for residues of isobutyl isobutyrate (CAS Reg. No. 97-85-8) when used as inert ingredients (solvents) applied to growing crops or raw agricultural commodities after harvest. Jeneil Biosurfactant Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of methyl isobutyrate and isobutyl isobutyrate when used in accordance with the conditions.

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95485-95489]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31215]



[[Page 95485]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0776 and EPA-HQ-OPP-2015-0831; FRL-9955-82]


Methyl Isobutyrate and Isobutyl Isobutyrate; 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 methyl isobutyrate (CAS Reg. No. 547-63-7) 
and for residues of isobutyl isobutyrate (CAS Reg. No. 97-85-8) when 
used as inert ingredients (solvents) applied to growing crops or raw 
agricultural commodities after harvest. Jeneil Biosurfactant Company 
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic 
Act (FFDCA), requesting establishment of an exemption from the 
requirement of a tolerance. This regulation eliminates the need to 
establish a maximum permissible level for residues of methyl 
isobutyrate and isobutyl isobutyrate when used in accordance with the 
conditions.

DATES: This regulation is effective December 28, 2016. Objections and 
requests for hearings must be received on or before February 27, 2017, 
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-2015-0776 and EPA-HQ-OPP-2015-
0831, 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: Michael Goodis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the 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-2015-0776 and EPA-HQ-OPP-2015-0831 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 February 27, 2017. 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-2015-0776 and EPA-
HQ-OPP-2015-0831, 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 March 16, 2016 (81 FR 14030) (FRL-9942-
86), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a, announcing the filing of two pesticide petitions (PP IN-10848 & 
PP IN-10850) by Jeneil Biosurfactant Company, 400 N. Dekora Woods 
Blvd., Saukville, WI 53080. The petitions requested that 40 CFR 180.910 
be amended by establishing two exemptions from the requirement of a 
tolerance: One for residues of methyl isobutyrate (CAS Reg. No. 547-63-
7) (PP IN-10848) and one for isobutyl isobutyrate (CAS Reg. No. 97-85-
8) (PP IN-10850), when used as inert ingredients (solvents) applied to 
growing crops or raw agricultural commodities after harvest. That 
document referenced a summary of each petition prepared by Jeneil 
Biosurfactant Company, the petitioner, which are available in the 
respective dockets (PP IN-10848 in docket ID number EPA-HQ-OPP-2015-
0776 and PP IN-10850 in docket ID number EPA-HQ-OPP-2015-0831), http://www.regulations.gov. Comments were received in response to the notice 
of filing, requesting the denial of these petitions based only 
generally on a concern for the use of ``toxic chemicals'' in or on 
food. Because the commenters did not provide any information upon which 
to evaluate these specific inert ingredient tolerance exemptions and 
because EPA has determined that such exemptions would be safe, EPA is 
not denying the petition as requested.

[[Page 95486]]

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 exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to 
give special consideration to exposure of infants and children to the 
pesticide chemical residue 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 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 methyl isobutyrate and isobutyl 
isobutyrate including exposure resulting from the exemption established 
by this action. EPA's assessment of exposures and risks associated with 
methyl isobutyrate and isobutyl isobutyrate follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. Specific information on the studies received and the nature 
of the adverse effects caused by methyl isobutyrate and isobutyl 
isobutyrate as well as the no-observed-adverse-effect-level (NOAEL) and 
the lowest-observed-adverse-effect-level (LOAEL) from the toxicity 
studies are discussed in this unit.
    Methyl isobutyrate and isobutyl isobutyrate are rapidly metabolized 
through hydrolysis to form an alcohol and carboxylic acid in the body. 
Many of the supporting data for methyl isobutyrate comes directly from 
the closely related and similarly metabolized compound isobutyl 
isobutyrate. Where separate information for methyl isobutyrate and 
isobutyl isobutyrate is available, the studies will be presented along 
with information for their common metabolite isobutanol.
    An LD50 value of 16,000 milligrams/kilogram body weight 
(mg/kg bw) was determined in rats for methyl isobutyrate. The 
LC50 of methyl isobutyrate was 25.5 milligrams per Liter 
(mg/L) in mice. The acute oral LD50 for isobutyl isobutyrate 
value in rats and mice was >6,400 mg/kg. The acute inhalation 
LC50 (6 hour exposure duration) was between 3.88 and 31.94 
mg/L isobutyl isobutyrate in rats. The dermal LD50 value for 
isobutyl isobutyrate in guinea pigs was >8,550 mg/kg.
    No repeat-dose studies of methyl isobutyrate were identified in a 
search of the toxicological literature. In an 18-week oral gavage study 
in rats with isobutyl isobutyrate, there were no treatment related 
effects in hematology, clinical chemistry parameters, urinalysis, 
histological examination, behavior, appearance, body weight, or food/
water consumption. The NOAEL was 1,000 mg/kg/day; the highest dose 
tested. In a 90-day oral toxicity study in rats with isobutanol, 
treatment related effects were seen only at 1,000 mg/kg bw/day, and 
included hypoactivity, which was significant during week one and 
decreased markedly after week 4, and lower body weight gain (18% below 
that of control rats) in males during week one. The NOAEL was 316 mg/kg 
bw/day.
    In a 90-day study toxicity study in rats exposed to isobutanol in 
drinking water, no effects on body weight, food/water consumption, and 
clinical signs of toxicity and organ weights (livers, kidneys, adrenal 
glands, and testes) were observed at doses up to 1,450 mg/kg/day. The 
NOAEL for isobutanol was 1,450 mg/kg/day.
    In a 90-day isobutanol inhalation study, no differences were found 
in body weight, food consumption, ophthalmoscopic examination, clinical 
observation, clinical chemistry, neurobehavioral observations, organ 
weights, gross pathology, and histopathology. The NOAEL for repeat-dose 
effects including neurotoxicity was 2,500 ppm.
    In two prenatal developmental toxicity studies via inhalation, 
female rats and Himalayan rabbits were exposed to vapor of isobutanol. 
In rats, no mortality or significant differences in clinical signs, 
body weight development, or gross pathology between controls and 
treated groups and no effects on development were noted. The maternal 
and developmental rat NOAELs were 3,030 ppm. In rabbits, no mortality 
or significant differences in clinical signs, body weight development, 
or gross pathology between controls and treated groups and no effects 
on development were noted. The maternal no observed adverse effect 
level (NOAEL) for rabbits was 758 ppm. Fetuses exhibited no signs of 
developmental changes in response to isobutanol. Therefore, the 
developmental NOAEL was 3,030 ppm, the highest dose.
    In a 2-generation reproduction study in rats with isobutanol via 
inhalation, no exposure-related effects were observed on F0 and F1 
parental survival or on F0 and F1 reproductive performance, body 
weights, food

[[Page 95487]]

consumption and food efficiency in males or females. The NOAEL for 
isobutanol for parental systemic, reproductive and neonatal toxicity is 
2,500 ppm (7,380 mg/m\3\ the maximum concentrations exposed).
    There were no adequate studies on the carcinogenic potential of 
methyl isobutyrate or isobutanol isobutyrate. Methyl isobutyrate did 
not significantly induce chromosome loss in mitotically growing 
Saccharomyces cerevisiae. The structurally similar isobutyl isobutyrate 
did not induce reverse mutations at concentrations as high as 5,000 
microgram/milliliter (ug/mL). An evaluation of the structure of methyl 
isobutyrate for alerts to genotoxicity yields no identifiable 
structures of concern. Based on negative results in genotoxicity assays 
and an extensive history of exposure to isobutyl isobutyrate, 
carcinogenic potential of this compound is likely to be low. Methyl 
isobutyrate was not genotoxic in one study and it does not contain 
reactive substructures of concern and isobutyl isobutyrate was also 
negative in genotoxic assays and in extensive exposure history; 
therefore the carcinogenic potential of both compounds is low.
    Metabolism of aliphatic esters such as methyl isobutyrate and 
isobutyl isobutyrate proceeds rapidly through hydrolysis to form an 
alcohol and carboxylic acid. These are reactions of the 
carboxylesterases or esterases, which predominate in hepatocytes but 
are present in most tissues throughout the body, including small 
intestine, colon, kidney, trachea and lung. Hydrolysis of methyl 
isobutyrate is extensive and will form methanol and isobutyric acid. 
Isobutyric acid is metabolized to propionic acid which, in turn, is 
converted to succinic acid and ultimately to glucose and glycogen. 
Methanol is oxidized and excreted ultimately as CO2 and 
water. In male rats injected intravenously with isobutyl isobutyrate, 
the parent compound decreased rapidly in blood and was undetected after 
166 seconds. The half-life was calculated at 11.1 seconds. Isobutanol 
and isobutyric acid levels increased rapidly, with the acid 
consistently higher than the alcohol, suggesting that the former is a 
metabolic product of the alcohol in addition to the parent compound. 
Isobutyric acid will be conjugated and excreted or will undergo [beta]-
oxidation in the fatty acid metabolic pathway.

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.
    EPA has not identified any toxicological points of departure for 
assessing methyl isobutyrate and isobutyl isobutyrate. On the basis of 
the metabolism of as methyl isobutyrate and isobutyl isobutyrate 
proceeding rapidly through hydrolysis to form an alcohol and carboxylic 
acid and ultimately to glucose and glycogen, low acute toxicity for 
animals via the dermal, inhalation, and oral routes of exposure, and 
low toxicity of the metabolite isobutyl alcohol, no adverse effect is 
expected from methyl isobutyrate and isobutyl isobutyrate as a result 
of exposure by any route.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to methyl isobutyrate and isobutyl isobutyrate, EPA considered 
exposure under the proposed exemption from the requirement of a 
tolerance. EPA assessed dietary exposures from methyl isobutyrate and 
isobutyl isobutyrate in food as follows:
    Acute and chronic dietary assessments take into account exposure 
estimates from dietary consumption of food and drinking water. Because 
no adverse effects attributable to a single or repeat exposures to 
methyl isobutyrate and isobutyl isobutyrate were seen in the toxicity 
databases, quantitative dietary risk assessments are not appropriate. 
Due to expected use of methyl isobutyrate and isobutyl isobutyrate in 
pesticide formulations applied to growing crops and raw agricultural 
commodities after harvest, it is reasonable to expect that there will 
be some exposure to these substances from their use in pesticide 
products. In addition, FDA has approved the use of methyl isobutyrate 
and isobutyl isobutyrate as synthetic flavoring substances in food for 
direct human consumption (21 CFR 172.515), so there is expected to be 
additional dietary exposure to these substances from non-pesticidal 
sources.
    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 methyl isobutyrate 
and isobutyl isobutyrate, a conservative drinking water concentration 
value would normally be included in dietary exposure screening level 
model. However, because no adverse effects attributable to a single or 
repeat exposures to methyl isobutyrate and isobutyl isobutyrate were 
seen in the toxicity databases, quantitative dietary risk assessments 
are not appropriate.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., textiles (clothing and diapers), carpets, swimming 
pools, and hard surface disinfection on walls, floors, tables).
    It is possible that methyl isobutyrate or isobutyl may be used as 
an inert ingredient in pesticide products that may result in 
residential exposures, although no residential uses are currently 
proposed.
    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 or 
exemption from 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.''
    Because methyl isobutyrate and isobutyl isobutyrate do not have a 
toxic mode of action or a mechanism of toxicity, this provision does 
not apply.

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

[[Page 95488]]

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.
    Because methyl isobutyrate and isobutyl isobutyrate do not have 
threshold effects and because of the lack of safety factors needed for 
this qualitative assessment, this provision does not apply to the 
assessment of methyl isobutyrate and isobutyl isobutyrate.

E. Aggregate Risks and Determination of Safety

    Determination of safety section. Based on the lack of any endpoints 
of concern, 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 methyl isobutyrate and isobutyl isobutyrate 
residues.

V. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, exemptions from the requirement of a tolerance are 
established under 40 CFR 180.910 for methyl isobutyrate (CAS Reg. No. 
547-63-7) and isobutyl isobutyrate (CAS Reg. No. 97-85-8) when used as 
inert ingredients (solvents) in pesticide formulations applied to 
growing crops or raw agricultural commodities after harvest.

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: December 15, 2016.
Daniel J. Rosenblatt,
Acting 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 ingredients 
``Isobutyl isobutyrate (CAS Reg. No. 97-85-8)''; and ``Methyl 
isobutyrate (CAS Reg. No. 547-63-7)'' 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
------------------------------------------------------------------------
 
                              * * * * * * *
Isobutyl isobutyrate (CAS Reg.     None...............  Solvent
 No. 97-85-8).
 
                              * * * * * * *
Methyl isobutyrate (CAS Reg. No.   None...............  Solvent
 547-63-7).
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 95489]]

[FR Doc. 2016-31215 Filed 12-27-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                           Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                          95485

                                              ENVIRONMENTAL PROTECTION                                Pennsylvania Ave. NW., Washington,                    notice. Submit the non-CBI copy of your
                                              AGENCY                                                  DC 20460–0001; main telephone                         objection or hearing request, identified
                                                                                                      number: (703) 305–7090; email address:                by docket ID number EPA–HQ–OPP–
                                              40 CFR Part 180                                         RDFRNotices@epa.gov.                                  2015–0776 and EPA–HQ–OPP–2015–
                                              [EPA–HQ–OPP–2015–0776 and EPA–HQ–                       SUPPLEMENTARY INFORMATION:                            0831, by one of the following methods:
                                              OPP–2015–0831; FRL–9955–82]
                                                                                                      I. General Information                                  • Federal eRulemaking Portal: http://
                                                                                                                                                            www.regulations.gov. Follow the online
                                              Methyl Isobutyrate and Isobutyl                         A. Does this action apply to me?                      instructions for submitting comments.
                                              Isobutyrate; Exemption From the                                                                               Do not submit electronically any
                                                                                                         You may be potentially affected by
                                              Requirement of a Tolerance                                                                                    information you consider to be CBI or
                                                                                                      this action if you are an agricultural
                                              AGENCY:  Environmental Protection                       producer, food manufacturer, or                       other information whose disclosure is
                                              Agency (EPA).                                           pesticide manufacturer. The following                 restricted by statute.
                                              ACTION: Final rule.                                     list of North American Industrial                       • Mail: OPP Docket, Environmental
                                                                                                      Classification System (NAICS) codes is                Protection Agency Docket Center (EPA/
                                              SUMMARY:   This regulation establishes                  not intended to be exhaustive, but rather             DC), (28221T), 1200 Pennsylvania Ave.
                                              exemptions from the requirement of a                    provides a guide to help readers                      NW., Washington, DC 20460–0001.
                                              tolerance for residues of methyl                        determine whether this document                         • Hand Delivery: To make special
                                              isobutyrate (CAS Reg. No. 547–63–7)                     applies to them. Potentially affected                 arrangements for hand delivery or
                                              and for residues of isobutyl isobutyrate                entities may include:                                 delivery of boxed information, please
                                              (CAS Reg. No. 97–85–8) when used as                        • Crop production (NAICS code 111).                follow the instructions at http://
                                              inert ingredients (solvents) applied to                    • Animal production (NAICS code                    www.epa.gov/dockets/contacts.html.
                                              growing crops or raw agricultural                       112).
                                              commodities after harvest. Jeneil                          • Food manufacturing (NAICS code                     Additional instructions on
                                              Biosurfactant Company submitted a                       311).                                                 commenting or visiting the docket,
                                              petition to EPA under the Federal Food,                    • Pesticide manufacturing (NAICS                   along with more information about
                                              Drug, and Cosmetic Act (FFDCA),                         code 32532).                                          dockets generally, is available at http://
                                              requesting establishment of an                                                                                www.epa.gov/dockets.
                                                                                                      B. How can I get electronic access to
                                              exemption from the requirement of a                                                                           II. Petition for Exemption
                                                                                                      other related information?
                                              tolerance. This regulation eliminates the
                                              need to establish a maximum                               You may access a frequently updated                   In the Federal Register of March 16,
                                              permissible level for residues of methyl                electronic version of 40 CFR part 180                 2016 (81 FR 14030) (FRL–9942–86),
                                              isobutyrate and isobutyl isobutyrate                    through the Government Printing                       EPA issued a document pursuant to
                                              when used in accordance with the                        Office’s e-CFR site at http://                        FFDCA section 408, 21 U.S.C. 346a,
                                              conditions.                                             www.ecfr.gov/cgi-bin/text-                            announcing the filing of two pesticide
                                                                                                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  petitions (PP IN–10848 & PP IN–10850)
                                              DATES:  This regulation is effective                                                                          by Jeneil Biosurfactant Company, 400 N.
                                                                                                      40tab_02.tpl.
                                              December 28, 2016. Objections and                                                                             Dekora Woods Blvd., Saukville, WI
                                              requests for hearings must be received                  C. How can I file an objection or hearing             53080. The petitions requested that 40
                                              on or before February 27, 2017, and                     request?                                              CFR 180.910 be amended by
                                              must be filed in accordance with the                       Under FFDCA section 408(g), 21                     establishing two exemptions from the
                                              instructions provided in 40 CFR part                    U.S.C. 346a, any person may file an                   requirement of a tolerance: One for
                                              178 (see also Unit I.C. of the                          objection to any aspect of this regulation            residues of methyl isobutyrate (CAS
                                              SUPPLEMENTARY INFORMATION).                             and may also request a hearing on those               Reg. No. 547–63–7) (PP IN–10848) and
                                              ADDRESSES: The docket for this action,                  objections. You must file your objection              one for isobutyl isobutyrate (CAS Reg.
                                              identified by docket identification (ID)                or request a hearing on this regulation               No. 97–85–8) (PP IN–10850), when used
                                              number EPA–HQ–OPP–2015–0776 and                         in accordance with the instructions                   as inert ingredients (solvents) applied to
                                              EPA–HQ–OPP–2015–0831, is available                      provided in 40 CFR part 178. To ensure                growing crops or raw agricultural
                                              at http://www.regulations.gov or at the                 proper receipt by EPA, you must                       commodities after harvest. That
                                              Office of Pesticide Programs Regulatory                 identify docket ID number EPA–HQ–                     document referenced a summary of each
                                              Public Docket (OPP Docket) in the                       OPP–2015–0776 and EPA–HQ–OPP–                         petition prepared by Jeneil Biosurfactant
                                              Environmental Protection Agency                         2015–0831 in the subject line on the                  Company, the petitioner, which are
                                              Docket Center (EPA/DC), West William                    first page of your submission. All                    available in the respective dockets (PP
                                              Jefferson Clinton Bldg., Rm. 3334, 1301                 objections and requests for a hearing                 IN–10848 in docket ID number EPA–
                                              Constitution Ave. NW., Washington, DC                   must be in writing, and must be                       HQ–OPP–2015–0776 and PP IN–10850
                                              20460–0001. The Public Reading Room                     received by the Hearing Clerk on or                   in docket ID number EPA–HQ–OPP–
                                              is open from 8:30 a.m. to 4:30 p.m.,                    before February 27, 2017. Addresses for               2015–0831), http://www.regulations.gov.
                                              Monday through Friday, excluding legal                  mail and hand delivery of objections                  Comments were received in response to
                                              holidays. The telephone number for the                  and hearing requests are provided in 40               the notice of filing, requesting the denial
                                              Public Reading Room is (202) 566–1744,                  CFR 178.25(b).                                        of these petitions based only generally
                                              and the telephone number for the OPP                       In addition to filing an objection or              on a concern for the use of ‘‘toxic
                                              Docket is (703) 305–5805. Please review                 hearing request with the Hearing Clerk                chemicals’’ in or on food. Because the
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                                              the visitor instructions and additional                 as described in 40 CFR part 178, please               commenters did not provide any
                                              information about the docket available                  submit a copy of the filing (excluding                information upon which to evaluate
                                              at http://www.epa.gov/dockets.                          any Confidential Business Information                 these specific inert ingredient tolerance
                                              FOR FURTHER INFORMATION CONTACT:                        (CBI)) for inclusion in the public docket.            exemptions and because EPA has
                                              Michael Goodis, Registration Division                   Information not marked confidential                   determined that such exemptions would
                                              (7505P), Office of Pesticide Programs,                  pursuant to 40 CFR part 2 may be                      be safe, EPA is not denying the petition
                                              Environmental Protection Agency, 1200                   disclosed publicly by EPA without prior               as requested.


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                                              95486        Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

                                              III. Inert Ingredient Definition                        EPA is able to determine that a finite                   No repeat-dose studies of methyl
                                                Inert ingredients are all ingredients                 tolerance is not necessary to ensure that             isobutyrate were identified in a search
                                              that are not active ingredients as defined              there is a reasonable certainty that no               of the toxicological literature. In an 18-
                                              in 40 CFR 153.125 and include, but are                  harm will result from aggregate                       week oral gavage study in rats with
                                              not limited to, the following types of                  exposure to the inert ingredient, an                  isobutyl isobutyrate, there were no
                                              ingredients (except when they have a                    exemption from the requirement of a                   treatment related effects in hematology,
                                              pesticidal efficacy of their own):                      tolerance may be established.                         clinical chemistry parameters,
                                                                                                        Consistent with FFDCA section                       urinalysis, histological examination,
                                              Solvents such as alcohols and
                                                                                                      408(c)(2)(A), and the factors specified in            behavior, appearance, body weight, or
                                              hydrocarbons; surfactants such as
                                                                                                      FFDCA section 408(c)(2)(B), EPA has                   food/water consumption. The NOAEL
                                              polyoxyethylene polymers and fatty
                                                                                                      reviewed the available scientific data                was 1,000 mg/kg/day; the highest dose
                                              acids; carriers such as clay and
                                                                                                      and other relevant information in                     tested. In a 90-day oral toxicity study in
                                              diatomaceous earth; thickeners such as                  support of this action. EPA has                       rats with isobutanol, treatment related
                                              carrageenan and modified cellulose;                     sufficient data to assess the hazards of              effects were seen only at 1,000 mg/kg
                                              wetting, spreading, and dispersing                      and to make a determination on                        bw/day, and included hypoactivity,
                                              agents; propellants in aerosol                          aggregate exposure for methyl                         which was significant during week one
                                              dispensers; microencapsulating agents;                  isobutyrate and isobutyl isobutyrate                  and decreased markedly after week 4,
                                              and emulsifiers. The term ‘‘inert’’ is not              including exposure resulting from the                 and lower body weight gain (18% below
                                              intended to imply nontoxicity; the                      exemption established by this action.                 that of control rats) in males during
                                              ingredient may or may not be                            EPA’s assessment of exposures and risks               week one. The NOAEL was 316 mg/kg
                                              chemically active. Generally, EPA has                   associated with methyl isobutyrate and                bw/day.
                                              exempted inert ingredients from the                     isobutyl isobutyrate follows.                            In a 90-day study toxicity study in
                                              requirement of a tolerance based on the                                                                       rats exposed to isobutanol in drinking
                                              low toxicity of the individual inert                    A. Toxicological Profile
                                                                                                                                                            water, no effects on body weight, food/
                                              ingredients.                                              EPA has evaluated the available                     water consumption, and clinical signs of
                                              IV. Aggregate Risk Assessment and                       toxicity data and considered their                    toxicity and organ weights (livers,
                                              Determination of Safety                                 validity, completeness, and reliability as            kidneys, adrenal glands, and testes)
                                                                                                      well as the relationship of the results of            were observed at doses up to 1,450 mg/
                                                 Section 408(c)(2)(A)(i) of FFDCA                     the studies to human risk. EPA has also               kg/day. The NOAEL for isobutanol was
                                              allows EPA to establish an exemption                    considered available information                      1,450 mg/kg/day.
                                              from the requirement for a tolerance (the               concerning the variability of the                        In a 90-day isobutanol inhalation
                                              legal limit for a pesticide chemical                    sensitivities of major identifiable                   study, no differences were found in
                                              residue in or on a food) only if EPA                    subgroups of consumers, including                     body weight, food consumption,
                                              determines that the exemption is ‘‘safe.’’              infants and children. Specific                        ophthalmoscopic examination, clinical
                                              Section 408(c)(2)(A)(ii) of FFDCA                       information on the studies received and               observation, clinical chemistry,
                                              defines ‘‘safe’’ to mean that ‘‘there is a              the nature of the adverse effects caused              neurobehavioral observations, organ
                                              reasonable certainty that no harm will                  by methyl isobutyrate and isobutyl                    weights, gross pathology, and
                                              result from aggregate exposure to the                   isobutyrate as well as the no-observed-               histopathology. The NOAEL for repeat-
                                              pesticide chemical residue, including                   adverse-effect-level (NOAEL) and the                  dose effects including neurotoxicity was
                                              all anticipated dietary exposures and all               lowest-observed-adverse-effect-level                  2,500 ppm.
                                              other exposures for which there is                      (LOAEL) from the toxicity studies are                    In two prenatal developmental
                                              reliable information.’’ This includes                   discussed in this unit.                               toxicity studies via inhalation, female
                                              exposure through drinking water and in                    Methyl isobutyrate and isobutyl                     rats and Himalayan rabbits were
                                              residential settings, but does not include              isobutyrate are rapidly metabolized                   exposed to vapor of isobutanol. In rats,
                                              occupational exposure. Section                          through hydrolysis to form an alcohol                 no mortality or significant differences in
                                              408(b)(2)(C) of FFDCA requires EPA to                   and carboxylic acid in the body. Many                 clinical signs, body weight
                                              give special consideration to exposure                  of the supporting data for methyl                     development, or gross pathology
                                              of infants and children to the pesticide                isobutyrate comes directly from the                   between controls and treated groups and
                                              chemical residue and to ‘‘ensure that                   closely related and similarly                         no effects on development were noted.
                                              there is a reasonable certainty that no                 metabolized compound isobutyl                         The maternal and developmental rat
                                              harm will result to infants and children                isobutyrate. Where separate information               NOAELs were 3,030 ppm. In rabbits, no
                                              from aggregate exposure to the pesticide                for methyl isobutyrate and isobutyl                   mortality or significant differences in
                                              chemical residue. . . .’’                               isobutyrate is available, the studies will            clinical signs, body weight
                                                 EPA establishes exemptions from the                  be presented along with information for               development, or gross pathology
                                              requirement of a tolerance only in those                their common metabolite isobutanol.                   between controls and treated groups and
                                              cases where it can be clearly                             An LD50 value of 16,000 milligrams/                 no effects on development were noted.
                                              demonstrated that aggregate exposure to                 kilogram body weight (mg/kg bw) was                   The maternal no observed adverse effect
                                              pesticide chemical residues under                       determined in rats for methyl                         level (NOAEL) for rabbits was 758 ppm.
                                              reasonably foreseeable circumstances                    isobutyrate. The LC50 of methyl                       Fetuses exhibited no signs of
                                              will pose no appreciable risks to human                 isobutyrate was 25.5 milligrams per                   developmental changes in response to
                                              health. In order to determine the risks                 Liter (mg/L) in mice. The acute oral                  isobutanol. Therefore, the
                                              from aggregate exposure to pesticide                    LD50 for isobutyl isobutyrate value in                developmental NOAEL was 3,030 ppm,
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                                              inert ingredients, the Agency considers                 rats and mice was >6,400 mg/kg. The                   the highest dose.
                                              the toxicity of the inert in conjunction                acute inhalation LC50 (6 hour exposure                   In a 2-generation reproduction study
                                              with possible exposure to residues of                   duration) was between 3.88 and 31.94                  in rats with isobutanol via inhalation,
                                              the inert ingredient through food,                      mg/L isobutyl isobutyrate in rats. The                no exposure-related effects were
                                              drinking water, and through other                       dermal LD50 value for isobutyl                        observed on F0 and F1 parental survival
                                              exposures that occur as a result of                     isobutyrate in guinea pigs was >8,550                 or on F0 and F1 reproductive
                                              pesticide use in residential settings. If               mg/kg.                                                performance, body weights, food


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                                                           Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                          95487

                                              consumption and food efficiency in                      toxicological points of departure (POD)               appropriate. Due to expected use of
                                              males or females. The NOAEL for                         and levels of concern to use in                       methyl isobutyrate and isobutyl
                                              isobutanol for parental systemic,                       evaluating the risk posed by human                    isobutyrate in pesticide formulations
                                              reproductive and neonatal toxicity is                   exposure to the pesticide. For hazards                applied to growing crops and raw
                                              2,500 ppm (7,380 mg/m3 the maximum                      that have a threshold below which there               agricultural commodities after harvest,
                                              concentrations exposed).                                is no appreciable risk, the toxicological             it is reasonable to expect that there will
                                                 There were no adequate studies on                    POD is used as the basis for derivation               be some exposure to these substances
                                              the carcinogenic potential of methyl                    of reference values for risk assessment.              from their use in pesticide products. In
                                              isobutyrate or isobutanol isobutyrate.                  PODs are developed based on a careful                 addition, FDA has approved the use of
                                              Methyl isobutyrate did not significantly                analysis of the doses in each                         methyl isobutyrate and isobutyl
                                              induce chromosome loss in mitotically                   toxicological study to determine the                  isobutyrate as synthetic flavoring
                                              growing Saccharomyces cerevisiae. The                   dose at which no adverse effects are                  substances in food for direct human
                                              structurally similar isobutyl isobutyrate               observed (the NOAEL) and the lowest                   consumption (21 CFR 172.515), so there
                                              did not induce reverse mutations at                     dose at which adverse effects of concern              is expected to be additional dietary
                                              concentrations as high as 5,000                         are identified (the LOAEL). Uncertainty/              exposure to these substances from non-
                                              microgram/milliliter (ug/mL). An                        safety factors are used in conjunction                pesticidal sources.
                                              evaluation of the structure of methyl                   with the POD to calculate a safe                         2. Dietary exposure from drinking
                                              isobutyrate for alerts to genotoxicity                  exposure level—generally referred to as               water. For the purpose of the screening
                                              yields no identifiable structures of                    a population-adjusted dose (PAD) or a                 level dietary risk assessment to support
                                              concern. Based on negative results in                   reference dose (RfD)—and a safe margin                this request for an exemption from the
                                              genotoxicity assays and an extensive                    of exposure (MOE). For non-threshold                  requirement of a tolerance for methyl
                                              history of exposure to isobutyl                         risks, the Agency assumes that any                    isobutyrate and isobutyl isobutyrate, a
                                              isobutyrate, carcinogenic potential of                  amount of exposure will lead to some                  conservative drinking water
                                              this compound is likely to be low.                      degree of risk. Thus, the Agency                      concentration value would normally be
                                              Methyl isobutyrate was not genotoxic in                 estimates risk in terms of the probability            included in dietary exposure screening
                                              one study and it does not contain                       of an occurrence of the adverse effect                level model. However, because no
                                              reactive substructures of concern and                   expected in a lifetime. For more                      adverse effects attributable to a single or
                                              isobutyl isobutyrate was also negative in               information on the general principles                 repeat exposures to methyl isobutyrate
                                              genotoxic assays and in extensive                       EPA uses in risk characterization and a               and isobutyl isobutyrate were seen in
                                              exposure history; therefore the                         complete description of the risk                      the toxicity databases, quantitative
                                              carcinogenic potential of both                          assessment process, see http://                       dietary risk assessments are not
                                              compounds is low.                                       www.epa.gov/pesticides/factsheets/                    appropriate.
                                                 Metabolism of aliphatic esters such as               riskassess.htm.                                          3. From non-dietary exposure. The
                                              methyl isobutyrate and isobutyl                            EPA has not identified any                         term ‘‘residential exposure’’ is used in
                                              isobutyrate proceeds rapidly through                    toxicological points of departure for                 this document to refer to non-
                                              hydrolysis to form an alcohol and                       assessing methyl isobutyrate and                      occupational, non-dietary exposure
                                              carboxylic acid. These are reactions of                 isobutyl isobutyrate. On the basis of the             (e.g., textiles (clothing and diapers),
                                              the carboxylesterases or esterases,                     metabolism of as methyl isobutyrate and               carpets, swimming pools, and hard
                                              which predominate in hepatocytes but                    isobutyl isobutyrate proceeding rapidly               surface disinfection on walls, floors,
                                              are present in most tissues throughout                  through hydrolysis to form an alcohol                 tables).
                                              the body, including small intestine,                    and carboxylic acid and ultimately to                    It is possible that methyl isobutyrate
                                              colon, kidney, trachea and lung.                        glucose and glycogen, low acute toxicity              or isobutyl may be used as an inert
                                              Hydrolysis of methyl isobutyrate is                     for animals via the dermal, inhalation,               ingredient in pesticide products that
                                              extensive and will form methanol and                    and oral routes of exposure, and low                  may result in residential exposures,
                                              isobutyric acid. Isobutyric acid is                     toxicity of the metabolite isobutyl                   although no residential uses are
                                              metabolized to propionic acid which, in                 alcohol, no adverse effect is expected                currently proposed.
                                              turn, is converted to succinic acid and                 from methyl isobutyrate and isobutyl                     4. Cumulative effects from substances
                                              ultimately to glucose and glycogen.                     isobutyrate as a result of exposure by                with a common mechanism of toxicity.
                                              Methanol is oxidized and excreted                       any route.                                            Section 408(b)(2)(D)(v) of FFDCA
                                              ultimately as CO2 and water. In male                                                                          requires that, when considering whether
                                              rats injected intravenously with isobutyl               C. Exposure Assessment
                                                                                                                                                            to establish, modify, or revoke a
                                              isobutyrate, the parent compound                           1. Dietary exposure from food and                  tolerance or exemption from a tolerance,
                                              decreased rapidly in blood and was                      feed uses. In evaluating dietary                      the Agency consider ‘‘available
                                              undetected after 166 seconds. The half-                 exposure to methyl isobutyrate and                    information’’ concerning the cumulative
                                              life was calculated at 11.1 seconds.                    isobutyl isobutyrate, EPA considered                  effects of a particular pesticide’s
                                              Isobutanol and isobutyric acid levels                   exposure under the proposed exemption                 residues and ‘‘other substances that
                                              increased rapidly, with the acid                        from the requirement of a tolerance.                  have a common mechanism of toxicity.’’
                                              consistently higher than the alcohol,                   EPA assessed dietary exposures from                      Because methyl isobutyrate and
                                              suggesting that the former is a metabolic               methyl isobutyrate and isobutyl                       isobutyl isobutyrate do not have a toxic
                                              product of the alcohol in addition to the               isobutyrate in food as follows:                       mode of action or a mechanism of
                                              parent compound. Isobutyric acid will                      Acute and chronic dietary                          toxicity, this provision does not apply.
                                              be conjugated and excreted or will                      assessments take into account exposure
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                                                                                                      estimates from dietary consumption of                 D. Safety Factor for Infants and
                                              undergo b-oxidation in the fatty acid
                                                                                                      food and drinking water. Because no                   Children
                                              metabolic pathway.
                                                                                                      adverse effects attributable to a single or             1. In general. Section 408(b)(2)(C) of
                                              B. Toxicological Points of Departure/                   repeat exposures to methyl isobutyrate                FFDCA provides that EPA shall apply
                                              Levels of Concern                                       and isobutyl isobutyrate were seen in                 an additional tenfold (10X) margin of
                                                Once a pesticide’s toxicological                      the toxicity databases, quantitative                  safety for infants and children in the
                                              profile is determined, EPA identifies                   dietary risk assessments are not                      case of threshold effects to account for


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                                              95488           Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

                                              prenatal and postnatal toxicity and the                         Agency. The Office of Management and                              with Indian Tribal Governments’’ (65 FR
                                              completeness of the database on toxicity                        Budget (OMB) has exempted these types                             67249, November 9, 2000) do not apply
                                              and exposure unless EPA determines                              of actions from review under Executive                            to this action. In addition, this action
                                              based on reliable data that a different                         Order 12866, entitled ‘‘Regulatory                                does not impose any enforceable duty or
                                              margin of safety will be safe for infants                       Planning and Review’’ (58 FR 51735,                               contain any unfunded mandate as
                                              and children. This additional margin of                         October 4, 1993). Because this action                             described under Title II of the Unfunded
                                              safety is commonly referred to as the                           has been exempted from review under                               Mandates Reform Act (UMRA) (2 U.S.C.
                                              FQPA Safety Factor (SF). In applying                            Executive Order 12866, this action is                             1501 et seq.).
                                              this provision, EPA either retains the                          not subject to Executive Order 13211,                               This action does not involve any
                                              default value of 10X, or uses a different                       entitled ‘‘Actions Concerning                                     technical standards that would require
                                              additional safety factor when reliable                          Regulations That Significantly Affect                             Agency consideration of voluntary
                                              data available to EPA support the choice                        Energy Supply, Distribution, or Use’’ (66                         consensus standards pursuant to section
                                              of a different factor.                                          FR 28355, May 22, 2001) or Executive                              12(d) of the National Technology
                                                Because methyl isobutyrate and                                Order 13045, entitled ‘‘Protection of                             Transfer and Advancement Act
                                              isobutyl isobutyrate do not have                                Children from Environmental Health                                (NTTAA) (15 U.S.C. 272 note).
                                              threshold effects and because of the lack                       Risks and Safety Risks’’ (62 FR 19885,
                                              of safety factors needed for this                               April 23, 1997). This action does not                             VIII. Congressional Review Act
                                              qualitative assessment, this provision                          contain any information collections                                 Pursuant to the Congressional Review
                                              does not apply to the assessment of                             subject to OMB approval under the                                 Act (5 U.S.C. 801 et seq.), EPA will
                                              methyl isobutyrate and isobutyl                                 Paperwork Reduction Act (PRA) (44                                 submit a report containing this rule and
                                              isobutyrate.                                                    U.S.C. 3501 et seq.), nor does it require                         other required information to the U.S.
                                                                                                              any special considerations under                                  Senate, the U.S. House of
                                              E. Aggregate Risks and Determination of                         Executive Order 12898, entitled
                                              Safety                                                                                                                            Representatives, and the Comptroller
                                                                                                              ‘‘Federal Actions to Address
                                                                                                                                                                                General of the United States prior to
                                                Determination of safety section. Based                        Environmental Justice in Minority
                                                                                                                                                                                publication of the rule in the Federal
                                              on the lack of any endpoints of concern,                        Populations and Low-Income
                                                                                                                                                                                Register. This action is not a ‘‘major
                                              EPA concludes that there is a reasonable                        Populations’’ (59 FR 7629, February 16,
                                                                                                                                                                                rule’’ as defined by 5 U.S.C. 804(2).
                                              certainty that no harm will result to the                       1994).
                                              general population or to infants and                               Since tolerances and exemptions that                           List of Subjects in 40 CFR Part 180
                                              children from aggregate exposure to                             are established on the basis of a petition
                                                                                                              under FFDCA section 408(d), such as                                 Environmental protection,
                                              methyl isobutyrate and isobutyl
                                                                                                              the exemptions in this final rule, do not                         Administrative practice and procedure,
                                              isobutyrate residues.
                                                                                                              require the issuance of a proposed rule,                          Agricultural commodities, Pesticides
                                              V. Analytical Enforcement Methodology                           the requirements of the Regulatory                                and pests, Reporting and recordkeeping
                                                 An analytical method is not required                         Flexibility Act (RFA) (5 U.S.C. 601 et                            requirements.
                                              for enforcement purposes since the                              seq.), do not apply.                                                 Dated: December 15, 2016.
                                              Agency is establishing an exemption                                This action directly regulates growers,                        Daniel J. Rosenblatt,
                                              from the requirement of a tolerance                             food processors, food handlers, and food                          Acting Director, Registration Division, Office
                                              without any numerical limitation.                               retailers, not States or tribes, nor does                         of Pesticide Programs.
                                                                                                              this action alter the relationships or
                                              VI. Conclusions                                                 distribution of power and                                           Therefore, 40 CFR chapter I is
                                                Therefore, exemptions from the                                responsibilities established by Congress                          amended as follows:
                                              requirement of a tolerance are                                  in the preemption provisions of FFDCA
                                              established under 40 CFR 180.910 for                            section 408(n)(4). As such, the Agency                            PART 180—[AMENDED]
                                              methyl isobutyrate (CAS Reg. No. 547–                           has determined that this action will not
                                              63–7) and isobutyl isobutyrate (CAS                             have a substantial direct effect on States                        ■ 1. The authority citation for part 180
                                              Reg. No. 97–85–8) when used as inert                            or tribal governments, on the                                     continues to read as follows:
                                              ingredients (solvents) in pesticide                             relationship between the national                                     Authority: 21 U.S.C. 321(q), 346a and 371.
                                              formulations applied to growing crops                           government and the States or tribal                               ■ 2. In § 180.910, add alphabetically the
                                              or raw agricultural commodities after                           governments, or on the distribution of                            inert ingredients ‘‘Isobutyl isobutyrate
                                              harvest.                                                        power and responsibilities among the                              (CAS Reg. No. 97–85–8)’’; and ‘‘Methyl
                                                                                                              various levels of government or between                           isobutyrate (CAS Reg. No. 547–63–7)’’ to
                                              VII. Statutory and Executive Order                              the Federal Government and Indian
                                              Reviews                                                                                                                           the table to read as follows:
                                                                                                              tribes. Thus, the Agency has determined
                                                 This action establishes exemptions                           that Executive Order 13132, entitled                              § 180.910 Inert ingredients used pre- and
                                              from the requirement of a tolerance                             ‘‘Federalism’’ (64 FR 43255, August 10,                           post-harvest; exemptions from the
                                              under FFDCA section 408(d) in                                   1999) and Executive Order 13175,                                  requirement of a tolerance.
                                              response to a petition submitted to the                         entitled ‘‘Consultation and Coordination                          *          *        *       *        *

                                                                                                        Inert ingredients                                                                                   Limits                    Uses
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                                                        *                  *                      *                                 *                                 *                               *                              *
                                              Isobutyl isobutyrate (CAS Reg. No. 97–85–8) ..............................................................................................       None ................................ Solvent

                                                       *                   *                     *                                 *                                 *                                *                              *
                                              Methyl isobutyrate (CAS Reg. No. 547–63–7) ..............................................................................................        None ................................ Solvent

                                                          *                           *                          *                           *                          *                               *                         *



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                                                              Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                                    95489

                                              [FR Doc. 2016–31215 Filed 12–27–16; 8:45 am]              compliance with standards in another                      monetary penalties administered by the
                                              BILLING CODE 6560–50–P                                    year or purchased from another                            Agency, including those prescribed by
                                                                                                        manufacturer. If a manufacturer does                      the CAFE program. In accordance with
                                                                                                        not have credits to apply, and does not                   the Act and OMB guidance, the updated
                                              DEPARTMENT OF TRANSPORTATION                              apply sufficient fuel economy-                            penalty rate increased from $5.50 per
                                                                                                        improving technologies to their vehicles                  tenth of a mile per gallon (mpg) to $14
                                              National Highway Traffic Safety                           to meet their fleet-wide standards, then                  per tenth of an mpg.5 NHTSA stated in
                                              Administration                                            that manufacturer is liable for civil                     implementation guidance that it issued
                                                                                                        penalties.3                                               following the IFR that the Agency
                                              49 CFR Part 578                                              Congress has prescribed the formula                    intended to apply the $14 rate to any
                                                                                                        for calculating a civil penalty for                       penalties assessed on and after August
                                              [Docket No. NHTSA–2016–0136]
                                                                                                        violation of a CAFE standard. That                        4, 2016, beginning with penalties
                                              RIN 2127–AL82                                             formula multiplies the penalty rate                       applicable to violations for MY 2015,
                                                                                                        times the number of tenths-of-a-mile-                     and also applying to any violations from
                                              Civil Penalties                                           per-gallon by which a non-compliant                       prior model years that resulted from
                                              AGENCY:  National Highway Traffic                         fleet falls short of an applicable CAFE                   recalculation of a manufacturer’s
                                              Safety Administration (NHTSA),                            standard, times the number of vehicles                    previous CAFE levels.6
                                              Department of Transportation (DOT).                       in that non-compliant fleet.4 For many
                                                                                                                                                                  II. Industry Petition for
                                              ACTION: Final rule; response to petition
                                                                                                        years, the penalty rate has been $5.50
                                                                                                                                                                  Reconsideration
                                              for reconsideration; response to petition                 per tenth-of-a-mile-per-gallon. As an
                                                                                                        illustration, assume that Manufacturer A                     The Auto Alliance and Global
                                              for rulemaking.                                                                                                     Automakers jointly petitioned NHTSA
                                                                                                        produced 1,000,000 light trucks in
                                              SUMMARY:   On July 5, 2016, NHTSA                         model year 2010. Assume further that A                    for reconsideration of the interim final
                                              published an interim final rule updating                  has a light truck standard of 20 mpg for                  rule with regard to the inflation
                                              the maximum civil penalty amounts for                     MY 2010, and an achieved light truck                      adjustment for CAFE non-compliance
                                              violations of statutes and regulations                    average fuel economy level of 19.7 mpg                    penalties (hereafter, the Alliance and
                                              administered by NHTSA, pursuant to                        in that model year. If A has no credits                   Global petition will be referred to as the
                                              the Federal Civil Penalties Inflation                     to apply, then A’s assessed civil penalty                 ‘‘Industry Petition’’) on August 1, 2016.
                                              Adjustment Act Improvements Act of                        under this historical penalty rate would                  The Industry Petition asked that NHTSA
                                              2015. This decision responds to a                         be:                                                       not apply the penalty increase to non-
                                                                                                                                                                  compliances associated with ‘‘model
                                              petition for partial reconsideration of                   $5.50 (penalty rate) × 3 (tenths of an
                                                                                                                                                                  years that have already been completed
                                              that interim final rule. After carefully                     mpg) × 1,000,000 (vehicles in
                                              considering the issues raised, the                                                                                  or for which a company’s compliance
                                                                                                           Manufacturer A’s light truck fleet) =
                                              Agency grants some aspects of the                                                                                   plan has already been set.’’ Specifically,
                                                                                                           $16,500,000 due for A’s light truck
                                              petition, and denies other aspects. This                                                                            the Industry Petition stated that:
                                                                                                           fleet for MY 2010.
                                              decision amends the relevant regulatory                   To date, few manufacturers have                              Our most significant concern with the IFR
                                              text accordingly. This decision also                                                                                is that it would apply retroactively to the
                                                                                                        actually paid civil penalties, and the                    2014 and 2015 Model Years (which have
                                              responds to a petition for rulemaking on                  amounts of CAFE penalties paid
                                              a similar topic.                                                                                                    been completed for all manufacturers but for
                                                                                                        generally have been relatively low.                       which the compliance files are not all
                                              DATES: Effective date: This rule is                       Additionally, since the introduction of                   closed), to the 2016 Model Year (which is
                                              effective January 27, 2017.                               credit trading and transfers for MY 2011                  complete for many manufacturers) and to the
                                              FOR FURTHER INFORMATION CONTACT: Ms.                      and after, many manufacturers have                        2017 and 2018 Model Years (for which
                                              Rebecca Yoon, Office of the Chief                         taken advantage of those flexibilities                    manufacturers have already set compliance
                                              Counsel, NHTSA, telephone (202) 366–                      rather than paying civil penalties for                    plans based on guidance from NHTSA,
                                              2992, facsimile (202) 366–3820, 1200                                                                                including the [historical penalty amounts of
                                                                                                        non-compliance.                                           $5.50 per tenth of an mpg]). Applying the
                                              New Jersey Avenue SE., Washington,                           The Federal Civil Penalties Inflation                  increased civil penalties in this manner is
                                              DC 20590.                                                 Adjustment Act Improvements Act                           profoundly unfair to manufacturers, does not
                                              SUPPLEMENTARY INFORMATION:                                (November 2, 2015) (the ‘‘Act’’)                          improve the effectiveness of this penalty, and
                                                                                                        prescribed an inflation adjustment for                    does nothing to further the policies
                                              I. Background on CAFE Penalties and                       many civil monetary penalties,                            underlying the CAFE statute.
                                              Interim Final Rule                                        including CAFE’s civil penalty rate. In                   Industry Petition at 3.
                                                 The National Highway Traffic Safety                    that Act, Congress generally required                       In the alternative, the Industry
                                              Administration (NHTSA) administers                        Federal agencies that administer civil                    Petition requested that if NHTSA
                                              Corporate Average Fuel Economy                            monetary penalties to make an initial                     decided to apply the penalty increase to
                                              (CAFE) standards under 49 U.S.C. 32901                    ‘‘catch-up’’ adjustment for inflation                     MYs 2014–2018, the Agency should
                                              et seq. Vehicle manufacturers that                        through an interim final rule by July 1,                  recalculate the adjusted penalty rate
                                              produce passenger cars and light trucks                   2016, and then to make subsequent
                                              for sale in the United States are subject                 annual adjustments for inflation (see                       5 NHTSA’s explanation of its process, including

                                              to these standards,1 and are subject to                   Pub. L. 114–74, Sec. 701). NHTSA                          reliance on OMB guidance for calculating the initial
                                              civil penalties for failure to meet the                   developed an interim final rule (IFR)                     adjustment required by the Act, is set forth in the
                                                                                                                                                                  interim final rule at 81 FR 43524–26 (Jul. 5, 2016).
                                              standards.2 Manufacturers generally                       implementing the Agency’s
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                                  The interim final rule also discusses the ‘‘rounding
                                              meet the standards by applying                            responsibilities under that Act, and that                 rule’’ under the prior version of the Federal Civil
                                              technology to their vehicles to improve                   IFR published in the Federal Register                     Penalties Inflation Adjustment Act, which
                                              their fleet-wide fuel economy, but may                    on July 5, 2016. The NHTSA IFR                            prevented NHTSA from raising the $5.50 rate after
                                                                                                                                                                  1997.
                                              also apply credits earned from over-                      included adjustments for all civil                          6 Memorandum, ‘‘Implementation of the Federal

                                                                                                                                                                  Civil Penalties Inflation Adjustment Act
                                                1 49   U.S.C. 32911(b).                                   3 Civil  penalties are remitted to the U.S. Treasury.   Improvement Act of 2015 for the Corporate Average
                                                2 49   U.S.C. 32912(b).                                   4 49   U.S.C. 32912(b).                                 Fuel Economy (CAFE) Program,’’ July 18, 2016.



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Document Created: 2016-12-28 02:16:57
Document Modified: 2016-12-28 02:16:57
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 December 28, 2016. Objections and requests for hearings must be received on or before February 27, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactMichael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 95485 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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