30836 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

Dated: April 28, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.910 amend table 1 by 

adding in alphabetical order the Inert 

ingredient ‘‘Cocoamidopropylamine 

oxide (CAS Reg. No. 68155–09–9)’’ to 

read as follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

TABLE 1 TO 180.910 

Inert ingredients Limits Uses 

*******

Ccocamidopropylamine oxide (CAS Reg. No. 68155–09–9) ... Not to exceed 6% by weight in the formulated product; only 

for use with glyphosate.

Surfactant. 

* * * * * * * 

[FR Doc. 2022–10878 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WTB Docket No. 21–333; DA 22–300; FR 

ID 86867] 

Procedures for Appeals of Relocation 

Payment Clearinghouse Decisions 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action. 

SUMMARY: In this document, the 

Wireless Telecommunications Bureau 

(WTB or Bureau) establishes procedures 

for the filing and processing of 

challenges to decisions made by the 

C-band Relocation Payment 

Clearinghouse (Clearinghouse) pursuant 

to the Expanding Flexible Use of the 3.7 

to 4.2 GHz Band, Report and Order and 

Proposed Modification (3.7 GHz Report 

and Order). This document clarifies that 

before the Bureau will consider an 

appeal of a Clearinghouse decision, 

relevant parties must first file an 

objection with the Clearinghouse as 

required by the Federal 

Communications Commission’s rules 

and pursuant to the process established 

in the Clearinghouse Dispute Resolution 

Plan (RPC DRP). The Bureau describes 

the two possible paths pursuant to 

which an appeal of a Clearinghouse 

decision can be made to the Bureau, 

depending on which party or parties 

submit a timely notice of objection with 

the Clearinghouse in this document. 

DATES: May 20, 2022. 

ADDRESSES: All documents must be filed 

in WT Docket No. 21–333, 3.7–4.2 GHz 

Band Transition Clearinghouse Dispute 

Referrals and Appeals, in the 

Commission’s Electronic Comment 

Filing System (ECFS), available at 

http://www.fcc.gov/ecfs. Parties who 

choose to file by paper must file an 

original and one copy of each filing. 

Filings can be sent by commercial 

courier or by the U.S. Postal Service. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. Commercial deliveries 

(other than U.S. Postal Service Express 

Mail and Priority Mail) must be sent to 

9050 Junction Drive, Annapolis 

Junction, MD 20701. U.S. Postal Service 

First-Class, Express, and Priority mail 

must be addressed to 45 L ST NE, 

Washington, DC 20554. Effective March 

19, 2020, and until further notice, the 

Commission no longer accepts any hand 

or messenger delivered filings. This is a 

temporary measure taken to help protect 

the health and safety of individuals, and 

to mitigate the transmission of COVID– 

19. See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020) 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchangeshand-delivery-policy. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Government Affairs 

Bureau at 202–418–0530 (voice, 202– 

418–0432 (tty). 

FOR FURTHER INFORMATION CONTACT: 

Susan Mort, Wireless 

Telecommunications Bureau, at 

Susan.Mort@fcc.gov or 202–418–2429. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Public Notice, in WT Docket 

No. 21–333; DA 22–300, released on 

March 21, 2022. The complete text of 

this document is available on the 

Commission’s website at https://

www.fcc.gov/document/wtb-announcesappeal-procedures-c-bandclearinghouse-decisions. 

Paperwork Reduction Act 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Congressional Review Act 

The Commission will not send a copy 

of this document to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A), because 

the adopted action is an action of 

particular applicability. 

Synopsis 

With this document, the Wireless 

Telecommunications Bureau (WTB or 

Bureau) establishes procedures for the 

filing and processing of challenges to 

decisions made by the 3.7–4.2 GHz 

(C-band) Relocation Payment 

Clearinghouse (Clearinghouse). 

In the 3.7 GHz Report and Order (85 

FR 22804, April 23, 2020), the 

Commission found that selecting a 

single, independent clearinghouse to 

oversee cost-related aspects of the 

C-band transition in a fair and 

transparent manner, subject to 

Commission oversight, would best serve 

the public interest. Among its duties set 

forth by the Commission, the 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30837 

Clearinghouse is responsible for making 

initial determinations about the 

reasonableness of transition-related cost 

reimbursement claims. The 

Clearinghouse also apportions costs 

among 3.7 GHz Service Licensees and 

distributes payments to claimants that 

incur compensable costs. The 3.7 GHz 

Report and Order also specified that the 

Clearinghouse will serve ‘‘in an 

administrative role and in a function 

similar to a special master in a judicial 

proceeding’’ and ‘‘may mediate any 

disputes regarding cost estimates or 

payments that may arise in the course 

of band reconfiguration; or refer the 

disputant parties to alternative dispute 

resolution fora.’’ Any unresolved issues 

relating to Clearinghouse decisions may 

be appealed to the Bureau. 

This document sets forth the 

procedures by which eligible parties 

may appeal Clearinghouse decisions to 

the Bureau. As an initial matter, we 

clarify that before the Bureau will 

consider any appeal, the relevant party 

or parties, whether an eligible 

incumbent claimant or eligible 3.7 GHz 

Service Licensee, must first timely file 

a notice of objection with the 

Clearinghouse as required by the 

Commission’s rules and pursuant to the 

process established in the Clearinghouse 

Dispute Resolution Plan (RPC DRP). 

Interlocutory appeals, before a timely 

notice of objection is filed with the 

Clearinghouse, will not be considered 

by the Bureau. 

The RPC DRP identifies different 

scenarios and timeframes within which 

eligible parties must file a notice of 

objection. Specifically, the RPC DRP 

requires eligible incumbent claimants or 

eligible 3.7 GHz Service Licensees to file 

a notice of objection with the 

Clearinghouse within twenty (20) days 

of invoice issuance following 

Clearinghouse review of lump sum or 

reimbursement claims. Where the 

eligible incumbent claimant first files a 

notice of objection to the 

Clearinghouse’s decision on its lump 

sum or reimbursement claim within the 

applicable twenty (20) day timeline, and 

an eligible 3.7 GHz Service Licensee 

also wishes to be a party to that 

objection, that eligible 3.7 GHz Licensee 

must itself file an objection within thirty 

(30) days of invoice issuance. We clarify 

that the same approach and timeline 

will apply in cases where the first notice 

of objection to a lump sum or 

reimbursement claim is filed by the 

eligible 3.7 GHz Service Licensee within 

the applicable twenty (20) day timeline 

and the eligible incumbent claimant 

wishes to be a party to that appeal. In 

such cases, that eligible incumbent 

claimant must itself file an objection 

with the Clearinghouse within thirty 

(30) days of invoice issuance. Where 

one or more eligible 3.7 GHz Service 

Licensees wish to dispute any type of 

payment or cost sharing decision by the 

Clearinghouse other than a lump sum or 

reimbursement claim, they must file an 

objection within twenty (20) days of 

statement or invoice issuance. We 

further clarify that any other eligible 3.7 

GHz Service Licensee wishing to be a 

party to an objection of this type first 

filed by a different eligible 3.7 GHz 

Service Licensee must itself file an 

objection with the Clearinghouse within 

thirty (30) days of statement or invoice 

issuance. 

There are two possible paths pursuant 

to which an appeal of a Clearinghouse 

decision can be made to the Bureau, 

depending on which party or parties 

submit a timely notice of objection with 

the Clearinghouse. The first path is a 

single-party dispute where one eligible 

party (whether an incumbent claimant 

or 3.7 GHz Service Licensee) files a 

timely notice of objection with the 

Clearinghouse and no other eligible 

party elects to join by filing its own 

timely notice of objection with the 

Clearinghouse. The second path is a 

multi-party dispute where more than 

one eligible party files a timely notice of 

objection regarding the same 

determination with the Clearinghouse, 

and the mediation and arbitration 

provisions in § 27.1421(b) of the 

Commission’s rules have already been 

satisfied (47 CFR 1421(b)). For example, 

a multi-party dispute could involve both 

an eligible incumbent claimant or one or 

more eligible 3.7 GHz Service Licensees 

in the case of lump sum or 

reimbursement claim review, or 

multiple eligible 3.7 GHz Service 

Licensees where the apportionment of 

relocation costs is at issue. Below, we 

detail the specific procedures applicable 

to each path. In all cases, the 

requirements (including deadlines) of 

the 3.7 GHz Report and Order and this 

document, and any other requirements 

established by the Commission or WTB, 

must be satisfied before the Bureau will 

consider an appeal. 

Single-Party Disputes: If an eligible 

incumbent claimant or eligible 3.7 GHz 

Service Licensee submits a timely 

objection to the Clearinghouse that is 

not joined by any other eligible party, 

the following process applies: 

1. The appealing party must directly 

submit a written appeal to the Bureau 

seeking review of the Clearinghouse’s 

decision no later than thirty (30) days 

from the date any other eligible party 

fails to file a timely notice of objection 

with the Clearinghouse. While the 

Clearinghouse should provide notice to 

the appealing party that no other 

eligible party has joined its dispute 

within three (3) business days of such 

event, we clarify that the appealing 

party must directly file a written appeal 

to the Bureau by the requisite thirty (30) 

day deadline in order for its appeal to 

be considered by the Bureau. 

2. The burden of proof lies on the 

appealing party to demonstrate in its 

appeal that the Clearinghouse decision 

was incorrect. Appealing parties bear 

responsibility for their costs associated 

with an appeal, none of which are 

reimbursable transition expenses. 

3. The Bureau will issue regular 

public notices setting pleading cycles 

for any single-party appeals received in 

a given week and assigning file numbers 

to each appeal. 

4. The Clearinghouse will 

automatically be joined as the opposing 

party to any such appeal and have ten 

(10) days from the date of any such 

public notice to respond, including the 

submission of any decisional paperwork 

or supporting materials. 

5. The appealing party will have five 

(5) days thereafter for any reply. Filings 

by third parties are not permitted. 

6. All pleadings and documentation 

relating to an appeal shall be submitted 

electronically, using the Commission’s 

Electronic Comment Filing System 

(ECFS) in WT Docket No. 21–333, with 

a copy thereof served electronically on 

the Clearinghouse as opposing party. 

These pleadings and documents must 

also comply with § 1.49 of the 

Commission’s rules (47 CFR 1.49). 

7. The first page of any pleading or 

other document filed by a party shall be 

captioned with the name and address of 

the parties and the file number assigned 

by the Bureau. 

8. Any party may request confidential 

treatment of any document, or portion 

thereof, pursuant to § 0.459 of the 

Commission’s rules (47 CFR 0.459). 

9. The Bureau may, at its discretion, 

designate the matter for an evidentiary 

hearing before an Administrative Law 

Judge, making the Enforcement Bureau 

a party. 

Multi-Party Disputes: If an eligible 

incumbent claimant or eligible 3.7 GHz 

Service Licensee submits a timely 

objection to the Clearinghouse that is 

joined by at least one other eligible 

party, the following process applies: 

1. Following the filing of timely 

notices of objection by multiple eligible 

parties with the Clearinghouse, such 

parties must first satisfy the mediation 

and arbitration provisions in 

§ 27.1421(b) of the Commission’s rules 

(47 CFR 27.1421(b)). 

2. Should any issues still remain 

unresolved and the parties have not 


khammond on DSKJM1Z7X2PROD with RULES
30838 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

opted for arbitration pursuant to Section 

9 of the RPC DRP, the Clearinghouse 

may refer the matter to the Bureau 

within ten (10) days of the 

recommended decision or advice of the 

Clearinghouse (qua mediator) or other 

mediator. Should all parties elect to 

seek non-binding expedited arbitration, 

the same ten (10) day timeframe will be 

applicable to referral of the matter to the 

Bureau for review following issuance of 

a recommended decision or advice from 

the Clearinghouse (qua arbitrator) or 

other arbitrator. 

3. The Clearinghouse shall forward 

the entire record on any disputed issues, 

including such dispositions thereof that 

the Clearinghouse has considered. The 

Bureau will rely on the factual record 

before it as provided by the 

Clearinghouse. 

4. The burden of proof is on each 

party to demonstrate that their view is 

correct. All eligible parties that filed 

timely notices of objection with the 

Clearinghouse and participated in the 

underlying mediation or arbitration will 

automatically be parties to the appeal 

unless they opt out by providing written 

notice to the Bureau as set forth below. 

Appealing parties bear responsibility for 

their costs associated with an appeal, 

none of which are reimbursable 

transition expenses. 

5. The Bureau will issue a public 

notice upon receipt of the record from 

the Clearinghouse and assign a file 

number to the appeal. 

6. Each party has ten (10) days from 

the date of such public notice to either 

submit statements of position or opt out 

of the appeal by providing written 

notice to the Bureau. Statements shall 

comply with § 1.49 of the Commission’s 

rules (47 CFR 1.49). Statements must be 

strictly limited to issues raised in the 

course of mediation and/or arbitration 

and facts contained in the record. In 

their statements, parties may not 

introduce facts not contained in the 

record or introduce arguments on issues 

that were not presented to the mediator 

and/or arbitrator for consideration. Any 

material not conforming to these 

restrictions will be stricken. Reply 

filings and filings by third parties are 

not permitted. The Clearinghouse and 

any party to the appeal may file other 

documents or pleadings only if 

specifically requested by the 

Commission. 

7. Parties’ statements, any record 

documents, and opt out notices shall be 

submitted electronically, using the 

Commission’s ECFS in WT Docket No. 

21–333, with a copy thereof served 

electronically on any other party to the 

appeal and the Clearinghouse. These 

documents must also comply with 

§ 1.49 of the Commission’s rules (47 

CFR 1.49). 

8. The first page of any statement or 

other document filed by a party shall be 

captioned with the name and address of 

the parties and the file number assigned 

by WTB. 

9. The Clearinghouse and any party to 

the appeal may request confidential 

treatment of any document, or portion 

thereof, pursuant to § 0.459 of the 

Commission’s rules (27 CFR 0.459). 

10. The Bureau may, at its discretion, 

designate the matter for an evidentiary 

hearing before an Administrative Law 

Judge, making the Enforcement Bureau 

a party. 

Following a Bureau decision in either 

a single-party or multi-party dispute, 

any party to a specific matter wishing to 

appeal that decision may do so by filing 

with the Commission, within ten (10) 

days of the effective date of the Bureau 

decision, a petition for de novo review, 

whereupon the Commission will set the 

matter for an evidentiary hearing before 

an Administrative Law Judge. Parties 

seeking de novo review of a decision by 

the Bureau are advised that, in the 

course of the evidentiary hearing, the 

Commission may require complete 

documentation relevant to any disputed 

matters, and, where necessary, and at 

the presiding judge’s discretion, require 

expert engineering, economic, or other 

reports, or testimony, and that the cost 

of producing such documentation is not 

a reimbursable transition expense. 

Parties may therefore wish to consider 

possibly less burdensome and expensive 

means of resolving their disputes, such 

as alternative dispute resolution. 

A party to any appeal, whether singleparty or multi-party, must certify in 

each submission that it attests to the 

truthfulness of the information it is 

providing and is making the submission 

in good faith. We remind parties of their 

obligations under § 1.17 of the 

Commission’s rules (47 CFR 1.17), and 

note that violators will be subject to 

potential enforcement action. The 

Bureau will determine a submission has 

been made in bad faith if, for example, 

the submitting party makes a statement 

that is false and if it finds the party did 

not use due diligence in providing 

information that is correct and not 

misleading to the Commission, 

including taking appropriate affirmative 

steps to determine the truthfulness of 

what is being submitted. 

Restricted Proceeding. This docket 

and each appeal is a ‘‘restricted’’ 

proceeding under § 1.1208 (47 CFR 

1.1208) of the Commission’s rules, and 

thus ex parte presentations to or from 

Commission decision-making 

personnel, including the Chief and staff 

of the Wireless Telecommunications 

Bureau, are prohibited, except as 

otherwise provided in the Commission’s 

rules. 

Federal Communications Commission. 

Amy Brett, 

Acting Chief of Staff, Wireless 

Telecommunications Bureau. 

[FR Doc. 2022–10587 Filed 5–19–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XB937] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the Angling 

category Gulf of Mexico area incidental 

fishery for large medium and giant 

(‘‘trophy’’ (i.e., measuring 73 inches 

(185 cm) curved fork length or greater)) 

Atlantic bluefin tuna (BFT). This action 

applies to Highly Migratory Species 

(HMS) Angling and HMS Charter/ 

Headboat permitted vessels. This action 

is necessary because landings data 

indicate the Angling category Gulf of 

Mexico incidental trophy BFT subquota 

of 1.8 mt has been reached and 

exceeded. 

DATES: Effective 11:30 p.m., local time, 

May 17, 2022, through December 31, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velsboer@noaa.gov, 978–281– 

9260, or Thomas Warren, 

thomas.warren@noaa.gov, 978–281– 

9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 


khammond on DSKJM1Z7X2PROD with RULES