30832 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

* * * * * 

[FR Doc. 2022–10821 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

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: 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, 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: 

• 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 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 


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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-observedadverse-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 nonsensitizer 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 


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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 screeninglevel 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 nonoccupational, 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 


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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 intermediateterm 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 expertbased 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. 


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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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