Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16281 

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 174 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 23, 2007. 

James Jones, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 174—AMENDED 

■ 1. The authority citation for part 174 

continues to read as follows: 

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

■ 2. Section 174.458 is added to subpart 

W to read as follows: 

§ 174.458 Bacillus thuringiensis Vip3Aa20 

protein and the genetic material necessary 

for its production in corn; temporary 

exemption from the requirement of a 

tolerance. 

Residues of Bacillus thuringiensis 

Vip3Aa20 protein in corn are 

temporarily exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in the 

food and feed commodities of corn; 

corn, field; corn, sweet; corn, pop. This 

temporary exemption from the 

requirement of tolerance will permit the 

use of the food commodities in this 

paragraph when treated in accordance 

with the provisions of the experimental 

use permit 67979–EUP–6, which is 

being issued in accordance with the 

provisions of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended (7 U.S.C. 136). 

This temporary exemption from the 

requirement of a tolerance expires and 

is revoked March 31, 2008; however, if 

the experimental use permit is revoked, 

or if any experience with or scientific 

data on this pesticide indicate that the 

temporary tolerance exemption is not 

safe, this temporary exemption from the 

requirement of a tolerance may be 

revoked at any time. 

[FR Doc. E7–6256 Filed 4–3–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0731; FRL–8120–4] 

Diphenylamine; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of diphenylamine 

in or on pear. Interregional Research 

Project Number 4 (IR-4) requested this 

tolerance under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). 

DATES: This regulation is effective April 

4, 2007. Objections and requests for 

hearings must be received on or before 

June 4, 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-2006-0731. To access the electronic 

docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. 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 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 Bldg.), 2777 

S. Crystal Dr., 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: 

Shaja R. Brothers, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 308-3194; e-mail address: 

brothers.shaja@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 those engaged in the 

following activities: 

• Crop production (NAICS code 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS code 

112), e.g., cattle ranchers and farmers, 

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS code 

311), e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

code 32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather to provide 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. 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 EPA’s tolerance 

regulations at 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, 

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 


cprice-sewell on PROD1PC61 with RULES
16282 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA-HQOPP-2006-0731 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 

as required by 40 CFR part 178 on or 

before June 4, 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 this copy, 

identified by docket ID number EPAHQ-OPP-2006-0731, 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 Bldg.), 2777 S. 

Crystal Dr., 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. Petition for Tolerance and Proposed 

Rule 

The Interregional Research Project 

Number 4 (IR-4) submitted a petition 

(PP# 0E6107) for a tolerance for the 

pesticide diphenylamine under section 

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

Specifically, the petition requested that 

40 CFR 180.190 be amended by 

establishing a tolerance for residues of 

the plant growth regulator 

diphenylamine, in or on pear (post 

harvest) at 5.0 parts per million (ppm). 

However, neither IR-4 nor Atomchem 

North American Incorporated, the 

registrant, submitted all required 

elements of a petition in support of 

establishing a tolerance. Because the 

petition was incomplete, EPA did not 

publish a Notice of Filing for the 

petition. Instead, in the Federal Register 

of December 6, 2006 (71 FR 70703) 

(FRL–8104–1), EPA issued a proposed 

rule pursuant to section 408(e) of 

FFDCA, 21 U.S.C. 346a(e). The 

proposed rule included EPA’s 

explanation of why the proposed 

diphenylamine tolerance regulation met 

the safety standard. 

The Northwest Horticulture Council 

submitted two comments in favor of the 

establishment of diphenylamine on 

pear. 

There was also a comment submitted 

by a private citizen who opposed the 

authorization to sell to any pesticide 

that leaves a residue on food. The 

Agency has previously responded to 

this commenter’s claims regarding the 

validity of use animal testing to 

determine a pesticide’s potential 

toxicity. Refer to Federal Register of (70 

FR 1349, January 7, 2005). This 

commenter also claimed the Agency 

was ‘‘negligent’’ for only conducting 90–

day testing on rats. The commenter is 

mistaken, however, because EPA 

examined other rat studies involving 

lifetime exposure and multiple 

generations of rats. (71 FR 70703) (FRL–

7691–4), December 6, 2006). 

The final comment opposed the 

proposed regulation simply on the 

grounds that there are ‘‘too many bugs’’

and too many pesticide regulations. 

This comment supplied no rationale or 

supporting information and thus no 

response is warranted. 

III. Action on Tolerance Petition and 

Proposed Regulation 

Based on the rationale and findings 

set forth in the proposed rule, a 

tolerance is established for the residues 

of diphenylamine in or on pear at 5.0 

ppm. 

IV. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of 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, 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) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

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., 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). 

Pursuant to the Regulatory Flexibility 

Act (RFA) (5 U.S.C. 601 et seq.), the 

Agency hereby certifies that this 

proposed action will not have 

significant negative economic impact on 

a substantial number of small entities. 

Establishing a pesticide tolerance or an 

exemption from the requirement of a 

pesticide tolerance is, in effect, the 

removal of a regulatory restriction on 

pesticide residues in food and thus such 

an action will not have any negative 

economic impact on any entities, 

including small entities. 

This rule 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 section 

408(n)(4) of FFDCA. 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 6, 2000) do not apply 

to this rule. In addition, This rule does 

not 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). 

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). 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report 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. 


cprice-sewell on PROD1PC61 with RULES
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16283 

1Consolidated Appropriations Act, 2004, Public 

Law 108–199, § 629, 118 Stat. 3 (2004). 

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: March 21, 2007. 

Donald R. Stubbs, 

Acting 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 180.190 is amended by 

alphabetically adding the following 

commodity to the table in paragraph (a) 

to read as follows: 

§ 180.190 Diphenylamine; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

*****

Pear (post harvest) 5.0 

*****

* * * * * 

[FR Doc. E7–5804 Filed 4–3–07; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1349; MB Docket No. 02–177; RM–

10489] 

Radio Broadcasting Services; Milano, 

TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; dismissal of petition 

for reconsideration. 

SUMMARY: The staff approves the 

withdrawal of a petition for 

reconsideration in this FM allotment 

rulemaking proceeding and finds no 

reason for further consideration of the 

matters raised therein. See 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 02–177, adopted March 16, 

2007, and released March 20, 2007. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or http:// 

www.BCPIWEB.com. 

The Report and Order in this 

proceeding dismissed a counterproposal 

in this rulemaking proceeding filed by 

Roy. E. Henderson, requesting the 

upgrade and reallotment of his Station 

KLTR(FM) from Channel 297A, 

Caldwell, Texas, to Channel 297C3 at 

Bedias, Texas. The counterproposal was 

dismissed because it was technically 

defective. The withdrawal of the 

petition for reconsideration complies 

with Section 1.420(j) of the 

Commission’s rules because Henderson 

has documented that he has not and 

will not receive any consideration in 

exchange for the withdrawal of his 

petition. See 69 FR 34114 (June 18, 

2004). 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Memorandum 

Opinion and Order to GAO, pursuant to 

the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A) because the petition 

for reconsideration was dismissed). 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–6225 Filed 4–3–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[FCC 06–117] 

National Broadcast Television 

Ownership Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission conforms its rules to 

comply with the Consolidated 

Appropriations Act, 2004 

(Appropriations Act). The 

Appropriations Act, among other things, 

directs the Commission to modify the 

national television ownership limit to 

specify 39 percent as the maximum 

aggregate national audience reach of any 

single television station owner. The 

Appropriations Act also adds a new 

section to the Telecommunications Act 

of 1996, which the Commission now 

implements. 

DATES: Effective May 4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mania Baghdadi, Industry Analysis 

Division, Media Bureau, Federal 

Communications Commission, (202) 

418–2330. Press inquiries should be 

directed to Clyde Ensslin, (202) 418–

0506. 

SUPPLEMENTARY INFORMATION: 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

it does not contain any 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). 

Synopsis of Order 

1. On January 22, 2004, President 

Bush signed into law the Consolidated 

Appropriations Act, 2004, H.R. 2673 

(‘‘the Appropriations Act’’).1 Section 


cprice-sewell on PROD1PC61 with RULES