[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30832-30836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10878]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0582; FRL-8959-01-OCSPP]


Cocamidopropylamine Oxide; 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 cocamidopropylamine oxide (CAS Reg. No. 
68155-09-9) when used as an inert ingredient (surfactant) at a 
concentration not to exceed 6% by weight in glyphosate formulations. 
SciReg, Inc., on behalf of Albaugh, LLC submitted a petition to EPA 
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the 
establishment of an exemption from the requirement of a tolerance. This 
regulation eliminates the need to establish a maximum permissible level 
for residues of cocamidopropylamine oxide when used in accordance with 
this exemption.

DATES: This regulation is effective May 20, 2022. Objections and 
requests for hearings must be received on or before July 19, 2022, 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-2021-0582, 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 and OPP Docket is (202) 566-1744.
    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 (7505T), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address: 
<a href="/cdn-cgi/l/email-protection#d1839597839fbea5b8b2b4a291b4a1b0ffb6bea7"><span class="__cf_email__" data-cfemail="9cced8daced2f3e8f5fff9efdcf9ecfdb2fbf3ea">[email protected]</span></a>.

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:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> 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/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-2021-0582 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 
July 19, 2022. 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-2021-0582, by one of 
the following methods:
    <bullet> 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.
    <bullet> Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
    <bullet> 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 September 22, 2021 (86 FR 52624) 
(FRL8792-03), EPA issued a document pursuant to FFDCA section 408, 21 
U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
11268) by SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192 on 
behalf of Albaugh, LLC. The petition requested that 40 CFR 180.920 be 
amended by establishing an exemption from the requirement of a 
tolerance for residues of cocamidopropylamine oxide when used as an 
inert ingredient (surfactant) at a concentration not to exceed 6% by 
weight in glyphosate formulations. That document referenced a summary 
of the petition prepared by SciReg, Inc on behalf of Albaugh, LLC, the 
petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the 
notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125 and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): Solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and

[[Page 30833]]

diatomaceous earth; thickeners such as carrageenan and modified 
cellulose; wetting, spreading, and dispersing agents; propellants in 
aerosol dispensers; microencapsulating agents; and emulsifiers. The 
term ``inert'' is not intended to imply nontoxicity; the ingredient may 
or may not be chemically active. Generally, EPA has exempted inert 
ingredients from the requirement of a tolerance based on the low 
toxicity of the individual inert ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to 
give special consideration to exposure of infants and children to the 
pesticide chemical residue in establishing a tolerance and to ``ensure 
that there is a reasonable certainty that no harm will result to 
infants and children from aggregate exposure to the pesticide chemical 
residue . . . .''
    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be clearly demonstrated that the risks from 
aggregate exposure to pesticide chemical residues under reasonably 
foreseeable circumstances will pose no appreciable risks to human 
health. In order to determine the risks from aggregate exposure to 
pesticide inert ingredients, the Agency considers the toxicity of the 
inert in conjunction with possible exposure to residues of the inert 
ingredient through food, drinking water, and through other exposures 
that occur as a result of pesticide use in residential settings. If EPA 
is able to determine that a finite tolerance is not necessary to ensure 
that there is a reasonable certainty that no harm will result from 
aggregate exposure to the inert ingredient, an exemption from the 
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors 
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for cocamidopropylamine oxide 
including exposure resulting from the exemption established by this 
action. EPA's assessment of exposures and risks associated with 
cocamidopropylamine oxide 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 cocamidopropylamine oxide 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.
    Available acute toxicity studies on cocamidopropylamine oxide show 
low oral, dermal, and inhalation toxicity. Cocamidopropylamine oxide 
was determined to be a severe eye irritant and moderate dermal 
irritant. Dermal sensitization studies showed cocamidopropylamine oxide 
was a non-sensitizer to a mild sensitizer. No mutagenic effects were 
noted in mutagenicity studies with cocamidopropylamine oxide. In a 28-
day repeat-dose oral toxicity study in rats, hematological changes, 
statistically significant increase in spleen weight, and treatment-
related changes in liver, spleen, kidneys, urinary bladder, and stomach 
were observed at the 150 mg/kg/day dose level. No adverse effects of 
treatment were seen in reproduction/developmental toxicity study at the 
highest dose tested (100 mg/kg/day). Therefore, the NOAEL for the 28-
day repeat-dose oral toxicity study is 15 mg/kg/day and the parental, 
reproductive, and developmental NOAELs are 100 mg/kg/day.
    There was no evidence of carcinogenicity or neuropathological 
changes or effects reported in any of the studies. The agency does not 
believe cocamidopropylamine oxide will be carcinogenic or neurotoxic.

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.
    The toxicity endpoint selected for use in risk assessment is taken 
from the 28-day repeat-dose toxicity study of cocamidopropylamine oxide 
in which a NOAEL was established at 15 mg/kg/day based on hematological 
changes, a statistically significant increase in spleen weight, and 
treatment-related changes in liver, spleen, kidneys, urinary bladder, 
and stomach seen at 150 mg/kg/day. The uncertainty factors include 10X 
for interspecies extrapolation, 10X for intraspecies variation, and a 
1X for the FQPA Safety Factor, bringing the combined uncertainty factor 
to 100. The resultant chronic Population Adjusted Dose (cPAD) is 0.15 
mg/kg/day.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to cocamidopropylamine oxide, EPA considered exposure under 
the proposed exemption from the requirement of a tolerance. Dietary 
exposure to cocamidopropylamine oxide may occur from eating foods 
treated with pesticide formulations containing this inert ingredient 
and drinking water containing runoff from

[[Page 30834]]

soils containing the treated crops. Because no acute endpoint of 
concern was identified, a quantitative acute dietary exposure 
assessment is unnecessary. In conducting the chronic dietary exposure 
assessment using the Dietary Exposure Evaluation Model (DEEM)--FCIDTM, 
Version 3.16, EPA used food consumption information from the U.S. 
Department of Agriculture's National Health and Nutrition Examination 
Survey, What We Eat in America, (NHANES/WWEIA). This dietary survey was 
conducted from 2003 to 2008. Dietary exposure is estimated using the 
Agency's Dietary Exposure Estimate Model (DEEM). The Inert Dietary 
Exposure Evaluation Model (I-DEEM) is a highly conservative model with 
the assumption that the residue level of the inert ingredient would be 
no higher than the highest tolerance for a given commodity. Implicit in 
this assumption is that there would be similar rates of degradation 
between the active and inert ingredient (if any) and that the 
concentration of inert ingredient in the scenarios leading to these 
highest of tolerances would be no higher than the concentration of the 
active ingredient. The model assumes 100 percent crop treated (PCT) for 
all crops and that every food eaten by a person each day has tolerance-
level residues. In the case of cocamidopropylamine oxide a 6% by weight 
limitation in glyphosate formulations was incorporated into the model. 
A complete description of the general approach taken to assess inert 
ingredient risks in the absence of residue data is contained in the 
memorandum entitled ``Alkyl Amines Polyalkoxylates (Cluster 4): Acute 
and Chronic Aggregate (Food and Drinking Water) Dietary Exposure and 
Risk Assessments for the Inerts,'' (D361707, S. Piper, 2/25/09) and can 
be found at http://www.regulations.gov in docket ID number EPA-HQ-OPP-
2008-0738.
    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 cocamidopropylamine 
oxide, a conservative drinking water concentration value of 100 ppb 
based on screening-level modeling was used to assess the contribution 
to drinking water for the chronic dietary risk assessments for parent 
compound. These values were directly entered into the dietary exposure 
model.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., textiles (clothing and diapers), carpets, swimming 
pools, and hard surface disinfection on walls, floors, tables).
    Cocamidopropylamine oxide may be used as an inert ingredient in 
pesticide products that are registered for specific uses that may 
result in residential exposure, such as pesticides used in and around 
the home, and in non-pesticide products such as personal care products 
and cosmetics. In a conservative effort to assess residential exposure, 
EPA has conducted a screening-level assessment using high-end 
residential exposure scenarios, such as pesticides used on lawns/turf 
and as antimicrobial cleaning products. Cocoamidopropylamine oxide is 
also used in some cosmetics, however the primary cosmetic use of 
cocoamidopropylamine oxide is in rinse-off hair care products in which 
dermal absorption would be unlikely given its highly polarized 
molecular structure and short contact time. As a result, such uses 
would result in negligible residential exposure to cocamidopropylamine 
oxide.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA has not found cocamidopropylamine oxide to share a common 
mechanism of toxicity with any other substances, and 
cocamidopropylamine oxide does not appear to produce a toxic metabolite 
produced by other substances. For the purposes of this tolerance 
action, therefore, EPA has assumed that cocamidopropylamine oxide does 
not have a common mechanism of toxicity with other substances. For 
information regarding EPA's efforts to determine which chemicals have a 
common mechanism of toxicity and to evaluate the cumulative effects of 
such chemicals, see EPA's website at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA 
shall apply an additional tenfold (10x) margin of safety for infants 
and children in the case of threshold effects to account for prenatal 
and postnatal toxicity and the completeness of the database on toxicity 
and exposure unless EPA determines based on reliable data that a 
different margin of safety will be safe for infants and children. This 
additional margin of safety is commonly referred to as the FQPA Safety 
Factor (SF). In applying this provision, EPA either retains the default 
value of 10X, or uses a different additional safety factor when 
reliable data available to EPA support the choice of a different 
factor.
    2. Prenatal and postnatal sensitivity. The Agency has concluded 
that there is reliable data to determine that infants and children will 
be safe if the FQPA SF of 10X is reduced to 1X for the assessment of 
all exposure for the following reasons. The toxicity database for 
cocamidopropylamine oxide contains subchronic, developmental, 
reproduction, and mutagenicity studies. There is no indication of 
immunotoxicity or neurotoxicity in the available studies; therefore, 
there is no need to require an immunotoxicity or neurotoxicity study. 
No fetal susceptibility is observed in developmental/reproductive 
toxicity studies in the rat. Neither maternal, offspring nor 
reproduction toxicity is observed in any of the studies. Therefore, 
based on the adequacy of the toxicity database, the conservative nature 
of the exposure assessment and the lack of concern for prenatal and 
postnatal sensitivity, the Agency has concluded that there is reliable 
data to determine that infants and children will be safe if the FQPA SF 
of 10x is reduced to 1x all exposure scenarios.

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, 
cocamidopropylamine oxide is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
cocamidopropylamine oxide from food

[[Page 30835]]

and water will utilize 82% 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).
    Cocamidopropylamine oxide may be 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 cocamidopropylamine oxide.
    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 195 for both 
adult males and females and 105 for children. Because EPA's level of 
concern for cocamidopropylamine oxide is a MOE 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).
    Cocamidopropylamine oxide may be used as an inert ingredient 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 
cocamidopropylamine oxide.
    Using the exposure assumptions described in this unit for 
intermediate-term exposures, EPA has concluded that the combined 
intermediate-term food, water, and residential exposures result in 
aggregate MOEs of 195 for adult males and females and 105 for children. 
Because EPA's level of concern for cocamidopropylamine oxide is a MOE 
of 100 or below, these MOEs are not of concern.
    5. Aggregate cancer risk for U.S. population. Based on the lack of 
structural alerts in the DEREK expert-based knowledge analysis 
regarding carcinogenicity, cocamidopropylamine oxide is not expected to 
pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to cocamidopropylamine oxide residues.

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 
cocamidopropylamine oxide ADAOs in or on any food commodities. EPA is 
establishing limitations on the amount of cocamidopropylamine oxide 
that may be used in glyphosate formulations. 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 glyphosate formulation for food use 
that contains cocoamidopropylamine oxide at concentations that exceed 
6% by weight of the glyphosate formulation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established under 40 CFR 180. 910 for cocamidopropylamine oxide (CAS 
Reg. No. 68155-09-9) when used as inert ingredient (surfactant) in 
glyphosate formulations at a concentration not to exceed 6% by weight 
in the formulation.

VII. Statutory and Executive Order Reviews

    This action establishes tolerance exemptions 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.


[[Page 30836]]


    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

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 amend table 1 by adding in alphabetical order the 
Inert ingredient ``Cocoamidopropylamine oxide (CAS Reg. No. 68155-09-
9)'' to read as follows:


Sec.  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      Not to exceed 6%   Surfactant.
 (CAS Reg. No. 68155-09-9).      by weight in the
                                 formulated
                                 product; only
                                 for use with
                                 glyphosate.
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2022-10878 Filed 5-19-22; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>