Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 5621 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it will not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

To help the Coast Guard establish 

regular and meaningful consultation 

and collaboration with Indian and 

Alaskan Native tribes, we published a 

notice in the Federal Register (66 FR 

36361, July 11, 2001) requesting 

comments on how to best carry out the 

Order. We invite your comments on 

how this rule might impact tribal 

governments, even if that impact may 

not constitute a ‘‘tribal implication’’

under the Order. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

The Coast Guard analyzed this rule 

under Commandant Instruction 

M16475.1D and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) 42 U.S.C. 4321–4370f), and have 

concluded that there are no factors in 

this case that would limit the use of a 

categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g) from 

further environmental documentation. 

A final ‘‘Environmental Analysis 

Checklist’’ and a ‘‘Categorical Exclusion 

Determination’’ are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T01–132 to 

read as follows: 

§ 165.T01–132 Safety Zone: Wantagh 

Parkway Number 3 Bridge over the Sloop 

Channel, Town of Hempstead, NY. 

(a) Location: The following area is a 

safety zone: All waters of the Sloop 

Channel in Hempstead, NY, from 

surface to bottom, within 300 yards of 

the Wantagh Parkway Number 3 Bridge 

over the Sloop Channel. 

(b) Effective date: This rule is effective 

from 11:59 p.m. on January 22, 2007 

until 11:59 p.m. December 31, 2007. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into or movement within 

this zone by any person or vessel is 

prohibited unless authorized by the 

Captain of the Port (COTP), Long Island 

Sound. 

(2) All persons and vessels must 

comply with the Coast Guard COTP or 

designated on-scene patrol personnel. 

On-scene Coast Guard patrol personnel 

include commissioned, warrant, and 

petty officers of the Coast Guard on 

board Coast Guard, Coast Guard 

Auxiliary, and local, State, and Federal 

law enforcement vessels. Upon being 

hailed by siren, radio, flashing light or 

other means from a U.S. Coast Guard 

vessel or other vessel with on-scene 

patrol personnel aboard, the operator of 

the vessel shall proceed as directed. 

Dated: January 22, 2007. 

J.J. Plunkett, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Long Island Sound. 

[FR Doc. E7–1978 Filed 2–6–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0970; FRL–8112–2] 

Tris (2-ethylhexyl) Phosphate; 

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 tris (2- 

ethylhexyl) phosphate (TEHP, CAS Reg. 

No. 78–42–2) when used as an inert 

ingredient in pesticide formulations 

with the active ingredients pinoxaden, 

clodinafop-propargyl, and 

tralkoxydium, with no more than two 

applications per season when applied to 

wheat and barley up to the pre-boot 


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5622 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 

stage (prior to formation of edible grain). 

Syngenta Crop Protection, LLC 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of TEHP. 

DATES: This regulation is effective 

February 7, 2007. Objections and 

requests for hearings must be received 

on or before April 9, 2007, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0970. All documents in the 

docket are listed in the index for the 

docket. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S-4400, 

One Potomac Yard (South Building), 

2777 S. Crystal Drive, Arlington, VA. 

The Docket Facility is open from 8:30 

a.m. to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: R. 

Tracy Ward, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9361; e-mail address: 

ward.tracyh@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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

[insert appropriate cite to either another 

unit in the preamble or a section in a 

rule]. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, any person may 

file an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

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–2006–0970 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before April 9, 2007. 

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 that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2006–0970, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S-4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305–

5805. 

II. Background and Statutory Findings 

In the Federal Register of August 9, 

2006 (71 FR 45559) (FRL–8082–9), EPA 

issued a notice pursuant to section 408 

of the FFDCA, 21 U.S.C. 346a, as 

amended by the FQPA (Public Law 104–

170), announcing the filing of a 

pesticide petition (PP 6E7078) by 

Syngenta Crop Protection, LLC, P.O. 

Box 18300, Greensboro, NC 27410. The 

petition requested that 40 CFR 180.910 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of tris (2- 

ethylhexyl) phosphate (TEHP, CAS Reg. 

No. 78–42–2). That notice referenced a 

summary of the petition prepared by the 

petitioner. Syngenta Crop Protection, 

LLC requested the use of TEHP as an 

adjuvant in pesticide formulations with 

the active ingredients pinoxaden, 

clodinafop-propargyl, and tralkoxydium 

applied to the growing crops wheat and 

barley. There were no substantive 

comments received in response to the 

notice of filing. 

Section 408(b)(2)(A)(i) of the 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 the 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 


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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 5623 

occupational exposure. Section 

408(b)(2)(C) of the 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. . . .’’

III. Risk Characterization and 

Conclusion 

Consistent with section 408(b)(2)(D) 

of the FFDCA, EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability and the 

relationship of this information 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. The 

nature of the toxic effects caused by 

TEHP are discussed in this unit. The 

following provides a brief summary of 

the risk assessment and conclusions for 

the Agency’s review of TEHP. The full 

decision document for this action is 

available on EPA’s Electronic Docket at 

http://www.regulations.gov under 

docket number EPA–HQ–OPP–2006–

0970. 

A. Human Health 

The Agency reviewed the available 

information submitted by the petitioner 

as well as additional information 

available to the Agency and has 

determined that TEHP is of low acute 

and subchronic oral and inhalation 

toxicity, but is a moderate skin irritant. 

TEHP is not a cancer concern, is not 

mutagenic and is not a neurotoxin. 

Although no developmental toxicity 

study is available on TEHP, the Agency 

has determined that tributyl phosphate 

is an acceptable analog and can be used 

to characterize the developmental 

toxicity of TEHP. Based on 

developmental and reproductive 

toxicity studies on the analog tributyl 

phosphate, TEHP is expected to produce 

developmental toxicity only at 

maternally toxic doses. One 

developmental study conducted on 

tributyl phosphate showed one incident 

of a rare fetal malformation. The 

observed effect is not likely to have 

resulted from exposure to tributyl 

phosphate. The petitioner has agreed to 

conduct an acceptable rat 

developmental study on TEHP and 

submit it to EPA within 18 months in 

order to confirm that this malformation 

is not an effect of TEHP. 

The Agency concludes that dietary 

and drinking water exposures of 

concern are not anticipated from the 

inert ingredient use of TEHP 

considering its physical and chemical 

properties, including low volatility and 

rapid biodegradation, and the 

limitations imposed by its proposed use 

as an adjuvant in pesticide formulations 

only with the active ingredients 

pinoxaden, clodinafop-propargyl, and 

tralkoxydium, limited to no more than 

two applications per season on two 

crops, wheat and barley, up to the preboot stage (prior to formation of edible 

grain). 

Residential exposures (inhalation and 

dermal) to TEHP are not expected due 

to its low volatility, limited use pattern 

in agricultural pesticides, and rapid 

biodegradation in the environment. 

Taking into consideration all available 

information on TEHP, it has been 

determined that there is a reasonable 

certainty that no harm to any population 

subgroup will result from aggregate 

exposure to TEHP when used as an inert 

ingredient in pesticide formulations 

when considering dietary exposure and 

all other non-occupational sources of 

pesticide exposure for which there is 

reliable information. Therefore, the 

exemption from the requirement of a 

tolerance requested by the petitioner, 

Syngenta Crop Protection, LLC, for 

residues of TEHP, can be considered 

assessed as safe under section 408(q) of 

the FFDCA. 

B. Analytical Methods 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitations. 

C. International Tolerances 

The Agency is not aware of any 

country requiring a tolerance for tris (2- 

ethylhexyl) phosphate nor have any 

CODEX Maximum Residue Levels 

(MRLs) been established for any food 

crops at this time. 

IV. Conclusions 

Based on the information in this 

preamble and in the decision document, 

EPA concludes that there is a reasonable 

certainty of no harm to the general 

population, including infants and 

children, from aggregate exposure to 

residues of tris (2-ethylhexyl) phosphate 

(TEHP). Accordingly, EPA finds that 

exempting TEHP from the requirement 

of a tolerance will be safe. EPA is 

establishing a tolerance exemption for 

TEHP on wheat and barley when it is 

used as an inert ingredient in pesticide 

formulations with the active ingredients 

pinoxaden, clodinafop-propargyl, and 

tralkoxydium. TEHP is limited to no 

more than two applications per season 

and these applications must occur no 

later than the pre-boot stage (prior to 

formation of edible grain). 

V. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the tolerance 

requirement under section 408(d) of the 

FFDCA 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 rule has been exempted 

from review under Executive Order 

12866 due to its lack of significance, 

this rule is not subject to Executive 

Order 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001). This final rule 

does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA), 44 U.S.C. 3501 et seq., or impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). 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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

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 of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). Since 

tolerances and exemptions that are 

established on the basis of a petition 

under section 408(d) of the FFDCA, 

such as the 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. In 

addition, the Agency has determined 

that this action will not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 


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5624 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. 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 this final 

rule in the Federal Register. This final 

rule 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: January 25, 2007. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—AMENDED 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.1274 is added to 

subpart D to read as follows: 

§ 180.1274 Tris (2-ethylhexyl) phosphate; 

exemption from the requirement of a 

tolerance. 

Tris (2-ethylhexyl) phosphate (TEHP, 

CAS Reg. No. 78–42–2) is exempt from 

the requirement of a tolerance for 

residues in wheat and barley when used 

under the following conditions: 

(a) The use is in accordance with good 

agricultural practices; 

(b) Tris (2-ethylhexyl) phosphate is 

used as an inert ingredient in pesticide 

formulations with the active ingredients 

pinoxaden, clodinafop-propargyl, and 

tralkoxydium; 

(c) Tris (2-ethylhexyl) phosphate is 

applied no more than twice per season; 

and 

(d) The applications occur no later 

than the pre-boot stage (prior to 

formation of edible grain). 

[FR Doc. 07–460 Filed 1–30–07; 12:41 pm] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA-HQ-OPP-2006-0918; FRL–8110–8] 

Avermectin; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for combined 

residues of the insecticide avermectin 

B1 and its delta-8,9-isomer in or on bulb 

onions. This action is in response to 

EPA’s granting of an emergency 

exemption under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of this pesticide on bulb onions. 

This regulation establishes a maximum 

permissible level for residues of 

avermectin in this food commodity. The 

tolerance expires and is revoked on 

December 31, 2009. 

DATES: This regulation is effective 

February 7, 2007. Objections and 

requests for hearings must be received 

on or before April 9, 2007, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA-HQOPP-2006-0918. All documents in the 

docket are listed on the regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S-4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive Arlington, VA. The hours 

of operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Ertman, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 308-9367; e-mail address: 

ertman.andrew@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. Potentially 


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