45888 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0164; FRL–8678–01– 

OCSPP] 

C10-C18-Alkyl Dimethyl Amine Oxides 

(ADAOs); Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of C10-C18-Alkyl 

dimethyl amine oxides herein referred 

to as ADAOs when used as inert 

ingredients (surfactants/foaming agents) 

in antimicrobial pesticide formulations 

applied to food-contact surfaces in 

public eating places, dairy-processing 

equipment, food-processing equipment 

and utensils, limited to not more than 

1,350 parts per million (ppm) at the 

end-use concentration in pesticide 

formulations. Technology Sciences 

Group Inc. on behalf of Mason Chemical 

Company submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

amendment to an existing requirement 

of a tolerance. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of ADAOs when used in accordance 

with this exemption. 

DATES: This regulation is effective 

August 17, 2021. Objections and 

requests for hearings must be received 

on or before October 18, 2021, 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–2021–0164, 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. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

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 Publishing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&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(g), 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–2021–0164 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 

October 18, 2021. 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– 

2021–0164, 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 22, 

2021 (86 FR 15162) (FRL–10021–44), 

EPA issued a document pursuant to 

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

announcing the filing of a pesticide 

petition (PP IN–11435) by Technology 

Sciences Group Inc., 1150 18th Street 

NW, Suite 1000, Washington, DC 20036, 

on behalf of Mason Chemical Company, 

9075 Centre Point Dr., Suite 400, West 

Chester, OH 45069. The petition 

requested that 40 CFR 180.940(a) be 

amended by establishing an exemption 

from the requirement of a tolerance for 

residues of ADAOs when used as inert 

ingredients used as surfactants and 

foaming agents in antimicrobial 

pesticide formulations applied to foodcontact surfaces in public eating places, 

dairy-processing equipment, foodprocessing equipment and utensils. That 

document referenced a summary of the 

petition prepared by Technology 

Sciences Group Inc. on behalf of the 

Mason Chemical Company, the 

petitioner, which is available in the 

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


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There were no comments received in 

response to the notice of filing. 

Based upon review of the data 

supporting the petition, EPA has limited 

the maximum concentration of ADAOs 

to not more than 1,350 ppm at the enduse concentration in pesticide 

formulations. This limitation is based 

on the Agency’s risk assessment, which 

can be found at http://

www.regulations.gov in document ‘‘C10- 

C18-Alkyldimethylamine oxides; 

Human Health Risk Assessment and 

Ecological Effects Assessment to 

Support Proposed Exemption from the 

Requirement of a Tolerance When Used 

as Inert Ingredients in Pesticide 

Formulations’’ in docket ID number 

EPA–HQ–OPP–2021–0164. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 

diatomaceous earth; thickeners such as 

carrageenan and modified cellulose; 

wetting, spreading, and dispersing 

agents; propellants in aerosol 

dispensers; microencapsulating agents; 

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

intended to imply nontoxicity; the 

ingredient may or may not be 

chemically active. Generally, EPA has 

exempted inert ingredients from the 

requirement of a tolerance based on the 

low toxicity of the individual inert 

ingredients. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

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

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

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

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue.’’ 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be clearly 

demonstrated that the risks from 

aggregate exposure to pesticide 

chemical residues under reasonably 

foreseeable circumstances will pose no 

harm 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 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 ADAOs, 

including exposure resulting from the 

exemption established by this action. 

EPA’s assessment of exposures and risks 

associated with ADAOs follows. 

On October 7, 2009, EPA published in 

the Federal Register a final rule 

establishing an exemption from the 

requirement of a tolerance for residues 

of ADAOs when used as an inert 

ingredient in pesticide formulations 

applied to raw agricultural commodities 

pre- and post-harvest. See 74 FR 51474 

(FRL–8437–3). That document contains 

a summary of the toxicological profile, 

toxicological points of departure/levels 

of concern, certain assumptions for 

exposure assessment, and the Agency’s 

determination regarding the children’s 

safety factor, which have not changed 

except as described below. 

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

lowest-observed-adverse-effect-level 

(LOAEL) from the toxicity studies are 

discussed in Unit IV.A of the final rule 

published in the Federal Register of 

October 7, 2009 (74 FR 51474) (FRL– 

8437–3). 

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. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. In evaluating dietary 

exposure to ADAOs, EPA considered 

exposure under the proposed exemption 

from the requirement of a tolerance. To 

assess dietary exposures from ADAOs in 

food, the Agency calculated the Daily 

Dietary Dose (DDD) and the Estimated 

Daily Intake (EDI) using U.S. Food and 

Drug Administration (FDA) Food 

Contact Surface Sanitizing Solution 

Dietary Exposure Assessment Model. 

EPA’s assessment used FDA’s default 

assumptions for the amount of residual 

solution or quantity of solution 

remaining on the treated surface 

without rinsing with potable water 

(1 mg/cm2); surface area of the treated 

surface which comes into contact with 

food (4,000 cm2); and the pesticide 


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migration fraction (100%). EPA used an 

application rate of ADAOs of 1,350 

ppm, which was provided by the 

petitioner. EPA also derived exposure 

amounts for population subgroups by 

accounting for body weights and 

adjusting for relative food consumption 

using data from the National Health and 

Nutrition Examination Survey 

(NHANES) (specifically the 2003–2008 

survey data). 

ADAOs are currently exempt from the 

requirements of a tolerance under 40 

CFR 180.910 for use as inert ingredients 

in pesticide formulations applied to 

growing crops or to raw agricultural 

commodities after harvest limited to 

15% by weight in pesticide 

formulations and use as a surfactant. 

One of the ADAO chemicals in the 

group, alkyl (C10-16) dimethyl amine 

oxide, is also approved as an 

antibacterial agent in dishwashing 

detergent for residential use. Potential 

dietary exposures from these uses were 

included in the overall dietary 

exposure. 

2. Dietary exposure from drinking 

water. The proposed use of ADAOs will 

not result in measurable levels in 

surface water or ground water and 

therefore will not contribute to dietary 

exposure. 

As stated above, ADAOs are approved 

for pre- and post-harvest uses and for 

use in dishwashing detergent. Dietary 

exposures from drinking water due to 

these uses are included in the overall 

dietary exposure. 

3. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

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

carpets, swimming pools, and hard 

surface disinfection on walls, floors, 

tables). 

Indoor residential exposure may 

occur from use of ADAOs as inert 

ingredients in antimicrobial pesticide 

products applied to food contact 

surfaces. Indoor and outdoor residential 

exposure may also occur as a result of 

current approved uses of ADAOs in 

pesticide formulations for pre- and postharvest application and in dishwashing 

detergent. ADAOs are also used in soap 

and hair products. The Agency’s 

assessment of residential exposure 

combines exposure from all of the 

aforementioned uses. A summary of 

certain other assumptions for exposure 

assessment of ADAOs is discussed in 

Unit IV.C. of the final rule published in 

the Federal Register of October 7, 2009 

(74 FR 51474) (FRL–8437–3). 

4. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) and (c)(2)(B) of 

FFDCA requires that, when considering 

whether to establish, modify, or revoke 

a tolerance or exemption, the Agency 

consider ‘‘available information’’ 

concerning the cumulative effects of a 

particular pesticide’s residues and 

‘‘other substances that have a common 

mechanism of toxicity.’’ 

EPA has not found ADAOs to share a 

common mechanism of toxicity with 

any other substances, and ADAOs do 

not appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this action, therefore, EPA 

has assumed that ADAOs do not have a 

common mechanism of toxicity with 

other substances. For information 

regarding EPA’s efforts to determine 

which chemicals have a common 

mechanism of toxicity and to evaluate 

the cumulative effects of such 

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

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

Section 408(b)(2)(C) and (c)(2)(B) of 

FFDCA provides that EPA shall apply 

an additional tenfold (10X) margin of 

safety for infants and children in the 

case of threshold effects to account for 

prenatal and postnatal toxicity and the 

completeness of the database on toxicity 

and exposure unless EPA determines 

based on reliable data that a different 

margin of safety will be safe for infants 

and children. This additional margin of 

safety is commonly referred to as the 

FQPA Safety Factor (SF). In applying 

this provision, EPA either retains the 

default value of 10X, or uses a different 

additional safety factor when reliable 

data available to EPA support the choice 

of a different factor. EPA has 

determined that reliable data show the 

safety of infants and children would be 

adequately protected if the FQPA SF 

were reduced to 1X. The rationale for 

the Agency’s determination regarding 

the children’s safety factor is discussed 

in unit IV.D of the final rule published 

in the Federal Register of October 7, 

2009 (74 FR 51474) (FRL–8437–3). 

E. Aggregate Risks and Determination of 

Safety 

EPA determines whether acute and 

chronic dietary pesticide exposures are 

safe by comparing aggregate exposure 

estimates to the acute PAD (aPAD) and 

chronic PAD (cPAD). For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. Short-, 

intermediate-, and chronic-term risks 

are evaluated by comparing the 

estimated aggregate food, water, and 

residential exposure to the appropriate 

PODs to ensure that an adequate MOE 

exists. 

1. Acute risk. An acute aggregate risk 

assessment takes into account acute 

exposure estimates from dietary 

consumption of food and drinking 

water. No adverse effect resulting from 

a single oral exposure was identified 

and no acute dietary endpoint was 

selected. Therefore, ADAOs are not 

expected to pose an acute risk. 

2. Chronic risk. Using the exposure 

assumptions described for chronic 

exposure, EPA has concluded that 

chronic exposure to ADAOs from food 

and water will utilize 91% of the cPAD 

for children 1 to 2 years old, the 

population group receiving the greatest 

exposure. 

3. Short-term risk. Short-term 

aggregate exposure takes into account 

short-term residential exposure plus 

chronic exposure to food and water 

(considered to be a background 

exposure level). 

ADAOs are currently used as an inert 

ingredient in pesticide products that are 

registered for uses that could result in 

short-term residential exposure, and the 

Agency has determined that it is 

appropriate to aggregate chronic 

exposure through food and water with 

short-term residential exposures to 

ADAOs. 

Using the exposure assumptions 

described in this unit for short-term 

exposures, EPA has concluded the 

combined short-term food, water, and 

residential exposures result in aggregate 

MOEs of 171 and 101 for the U.S. 

population and children 1 to 2 years 

old, respectively. Because EPA’s level of 

concern for ADAOs is MOEs of 100 or 

below, these MOEs are not of concern. 

4. Intermediate-term risk. 

Intermediate-term aggregate exposure 

takes into account intermediate-term 

residential exposure plus chronic 

exposure to food and water (considered 

to be a background exposure level). 

ADAOs are currently used as inert 

ingredients in pesticide products that 

are registered for uses that could result 

in intermediate-term residential 

exposure, and the Agency has 

determined that it is appropriate to 

aggregate chronic exposure through food 

and water with intermediate-term 

residential exposures to ADAOs. 

Using the exposure assumptions 

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

the combined intermediate-term food, 

water, and residential exposures result 

in aggregate MOEs of 322 and 104 for 

the U.S. population and children 1 to 2 

years old, respectively. Because EPA’s 

level of concern for ADAOs are MOEs 


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of 100 or below, these MOEs are not of 

concern. 

5. Aggregate cancer risk for U.S. 

population. The Agency has not 

identified any concerns for 

carcinogenicity relating to ADAOs. 

6. Determination of safety. Taking 

into consideration all available 

information on ADAOs, EPA has 

determined that there is a reasonable 

certainty that no harm to the general 

population or any population subgroup, 

including infants and children, will 

result from aggregate exposure to 

residues of ADAOs. Therefore, the 

establishment of an exemption from the 

requirement of a tolerance under 40 CFR 

180.940(a) for residues of ADAOs when 

used as inert ingredients in 

antimicrobial pesticide formulations 

applied to food-contact surfaces in 

public eating places, dairy-processing 

equipment, food-processing equipment, 

and utensils limited to not more than 

1,350 ppm at the end-use concentration 

in pesticide formulations, is safe under 

FFDCA section 408. 

V. Other Considerations 

Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is not establishing a numerical 

tolerance for residues of ADAOs in or 

on any food commodities. EPA is 

establishing limitations on the amount 

of ADAOs that may be used in pesticide 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, food-processing 

equipment, and utensils. These 

limitations will be enforced through the 

pesticide registration process under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (‘‘FIFRA’’), 7 U.S.C. 

136 et seq. EPA will not register any 

pesticide formulation for food use that 

exceeds 1350 ppm of ADAOs in the 

end-use concentration in pesticide 

formulations. 

VI. Conclusions 

Therefore, an exemption from the 

requirement of a tolerance is established 

under 40 CFR 180.940(a) for C10-C18- 

Alkyl dimethyl amine oxides (CAS Reg. 

Nos. 1643–20–5, 2571–88–2, 2605–79– 

0, 3332–27–2, 61788–90–7, 68955–55–5, 

70592–80–2, 7128–91–8, 85408–48–6, 

and 85408–49–7) when used as inert 

ingredients (surfactants/foaming agents) 

in antimicrobial pesticide formulations 

applied to food-contact surfaces in 

public eating places, dairy-processing 

equipment, food-processing equipment 

and utensils limited to not more than 

1,350 ppm at the end-use concentration 

in pesticide formulations. 

VII. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this action has been exempted from 

review under Executive Order 12866, 

this action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption 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: August 10, 2021. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.940, in paragraph (a), 

amend table 180.940(a) by adding in 

alphabetical order an entry for the inert 

ingredient ‘‘C10-C18-Alkyl dimethyl 

amine oxides’’ to read as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 


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1New and Emerging Technologies 911 

Improvement Act of 2008, Public Law 110–283, 122 

Stat. 2620 (NET 911 Act). The NET 911 Act enacted 

47 U.S.C. 615a–1 and also amended 47 U.S.C. 222, 

615a, 615b, and 942. See 47 U.S.C. 615a–1 Editorial 

Notes. 

2These annual reports can be viewed at viewed 

at https://www.fcc.gov/general/911-fee-reports. 

TABLE 180.940(a) 

Inert ingredients CAS reg. No. Limits 

*******

C10-C18-Alkyl dimethyl amine oxides.1643–20–5, 2571–88–2, 2605–79–0, 3332–27–2, 61788–90–7, 

68955–55–5, 70592–80–2, 7128–91–8, 85408–48–6, and 85408– 

49–7.

When ready for use, the end-use 

concentration is not to exceed 

1,350 ppm. 

* * * * * * * 

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[FR Doc. 2021–17450 Filed 8–16–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 9 

[PS Docket Nos. 20–291 and 09–14; FCC 

21–80; FR ID 40050] 

911 Fee Diversion; New and Emerging 

Technologies 911 Improvement Act of 

2008 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (the FCC 

or Commission) adopts rules to 

implement the Don’t Break Up the TBand Act of 2020, which is section 902 

of the Consolidated Appropriations Act, 

2021, Division FF, Title IX (section 902). 

Section 902 directs the Commission to 

issue final rules, not later than 180 days 

after the date of enactment of section 

902, designating the uses of 911 fees by 

states and taxing jurisdictions that 

constitute 911 fee diversion for 

purposes of certain sections of the 

United States Code, as amended by 

section 902. This Report and Order 

adopts rules that implement the 

provisions of section 902 requiring 

Commission action and that help to 

identify those uses of 911 fees by states 

and other jurisdictions that support the 

provision of 911 services. 

DATES: 

Effective date: This final rule is 

effective October 18, 2021. 

Compliance date: Compliance will 

not be required for 47 CFR 9.25(b) until 

the Commission publishes a document 

in the Federal Register announcing that 

compliance date. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Brenda 

Boykin, Attorney Advisor, Policy and 

Licensing Division, Public Safety and 

Homeland Security Bureau, (202) 418– 

2062 or via email at Brenda.Boykin@

fcc.gov; or Jill Coogan, Attorney 

Advisor, Policy and Licensing Division, 

Public Safety and Homeland Security 

Bureau, (202) 418–1499 or via email at 

Jill.Coogan@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 21–80, adopted on June 

24, 2021 and released on June 25, 2021, 

and the Erratum released on August 12, 

2021. The complete text of this 

document is available for download at 

https://docs.fcc.gov/public/ 

attachments/FCC-21-80A1.pdf. To 

request this document in accessible 

formats for people with disabilities (e.g., 

Braille, large print, electronic files, 

audio format, etc.) or to request 

reasonable accommodations (e.g., 

accessible format documents, sign 

language interpreters, CART, etc.), send 

an email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

Paperwork Reduction Act 

The requirements in 47 CFR 9.25(b) 

constitute a modification of the 

information collection with Office of 

Management and Budget (OMB) Control 

No. 3060–1122. This modified 

information collection is subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. The 

modified information collection will be 

submitted to OMB for review under 47 

U.S.C. 3507(d), and compliance with 47 

CFR 9.25(b) will not be required until 

after approval by OMB. 

Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs, that this is a major rule under 

the Congressional Review Act, 5 U.S.C. 

804(2). The Commission will send a 

copy of this Report and Order to 

Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

Synopsis 

I. Background 

Congress has had a longstanding 

concern about the practice by some 

states and local jurisdictions of 

diverting 911 fees for non-911 purposes. 

Congress initially enacted measures to 

limit 911 fee diversion, codified in 47 

U.S.C. 615a–1 (section 615a–1).1

Specifically, section 615a–1(f)(1) 

provided that nothing in the New and 

Emerging Technologies (NET) 911 Act, 

the Communications Act of 1934, or any 

Commission regulation or order shall 

prevent the imposition and collection of 

a fee or charge applicable to commercial 

mobile services or IP-enabled voice 

services specifically designated by a 

State, political subdivision thereof, 

Indian tribe, or village or regional 

corporation for the support or 

implementation of 9–1–1 or enhanced 

9–1–1 services, provided that the fee or 

charge is obligated or expended only in 

support of 9–1–1 and enhanced 9–1–1 

services, or enhancements of such 

services, as specified in the provision of 

State or local law adopting the fee or 

charge. The NET 911 Act also required 

the Commission to report annually on 

the collection and distribution of fees in 

each state for the support or 

implementation of 911 or E911 services, 

including findings on the amount of 

revenues obligated or expended by each 

state ‘‘for any purpose other than the 

purpose for which any such fees or 

charges are specified.’’ 2 Pursuant to this 

provision, the Commission has reported 

annually to Congress on 911 fee 

diversion every year since 2009. In 

October 2020, the Commission released 

a Notice of Inquiry seeking comment on 

the effects of fee diversion and the most 

effective ways to dissuade states and 

jurisdictions from continuing or 

instituting the diversion of 911/E911 


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