24188 Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘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, 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 § 165.509 to read as follows: 

§ 165.509 Security Zone; Severn River and 

College Creek, Annapolis, MD. 

(a) Definitions. For purposes of this 

section, the Captain of the Port, 

Baltimore, Maryland means the 

Commander, Coast Guard Sector 

Baltimore, Maryland or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port, Baltimore, Maryland to act 

on his or her behalf. 

(b) Location. The following area is a 

security zone: All waters of the Severn 

River, from shoreline to shoreline, 

bounded by a line drawn from 

Horseshoe Point, at 38[deg]59’47.6’’ N, 

076[deg]29’33.2’’ W; eastward across the 

Severn river to a point located at 

39[deg]00’01.5’’ N, 076[deg]29’08.5’’ W; 

and a line drawn from Biemans Point, 

at 38[deg]59’14.4’’ N, 076[deg]28’30.1’’ 

W; westward across the Severn River to 

a point 38[deg]59’03.5’’ N, 

076[deg]28’50.0’’ W, located on the 

Naval Academy waterfront. This 

security zone includes the waters of 

College Creek eastward of the King 

George Street Bridge (NAD 1983). 

(c) Regulations. (1) The general 

regulations governing security zones 

found in § 165.33 apply to the security 

zone described in paragraph (b) of this 

section. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port, 

Baltimore, Maryland. 

(3) Persons or vessels requiring entry 

into or passage through the security 

zone must first request authorization 

from the Captain of the Port, Baltimore 

to seek permission to transit the area. 

The Captain of the Port, Baltimore, 

Maryland can be contacted at telephone 

number (410) 576–2693. The Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio 

VHF channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light, or 

other means, the operator of a vessel 

shall proceed as directed. If permission 

is granted, all persons and vessels must 

comply with the instructions of the 

Captain of the Port, Baltimore, Maryland 

and proceed at the minimum speed 

necessary to maintain a safe course 

while within the zone. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced annually on the Friday 

before the Memorial Day holiday in May 

from 7:30 a.m. to 2 p.m. local time. 

Dated: April 20, 2007. 

Brian D. Kelley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Baltimore, Maryland. 

[FR Doc. E7–8447 Filed 5–1–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0323; FRL–8122–8] 

Glyphosate; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

tolerance expression for glyphosate to 

include the dimethylamine (DMA) salt 

of glyphosate. Dow AgroScienes, LLC 

requested this tolerance under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective May 

2, 2007. Objections and requests for 

hearings must be received on or before 

July 2, 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–2006–0323. 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: 

Vickie Walters, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 703- 

305-5704; e-mail address: 

walters.vickie.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: 

<bullet≤ Crop production (NAICS 

code 111), e.g., agricultural workers; 

greenhouse, nursery, and floriculture 

workers; farmers. 

<bullet≤ Animal production (NAICS 

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

farmers, dairy cattle farmers, livestock 

farmers. 

<bullet≤ Food manufacturing (NAICS 

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

farmers; greenhouse, nursery, and 

floriculture workers; ranchers; pesticide 

applicators. 

<bullet≤ 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 

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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 24189 

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 

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–2006–0323 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 July 2, 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 EPA– 

HQ–OPP–2006–0323, by one of the 

following methods: <bullet≤ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

<bullet≤ Mail: Office of Pesticide 

Programs (OPP) Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460-0001. <bullet≤ 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 

In the Federal Register of February 7, 

2007 (72 FR 5706) (FRL–8111–8), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 6F7025) by Dow 

AgroSciences, LLC, 9330 Zionsville Rd, 

Indianapolis, IN 46268 . The petition 

requested that 40 CFR 180. 364 (a) be 

amended by adding glyphosate 

dimethylammoniun salt or 

dimethalamine salt of glyphosate (nphosphonemethyl)glycine resulting 

from the application of glyphosate and 

the isopropylamine salt of glyphosate, 

ethanolamine salt of glyphosate, and the 

ammonium potassium salt of 

glyphosate. That notice referenced a 

summary of the petition prepared by 

Dow AgroSciences, LLC, the registrant, 

which has been placed in the public 

docket, http://www.regulations.gov. 

Dow requested this change to support 

registration of pesticide products 

containing the dimethylamine salt of 

glyphosate. There were no comments 

received in response to the notice of 

filing. Based upon review of the data 

supporting the petition, EPA is revising 

the tolerance expression for 40 CFR 

180.364 (a) to read: ‘‘Tolerances are 

established for residues of glyphosate N- 

(phosphonomethyl)glycine resulting 

from the application of glyphosate, the 

isoprpylamine salt of glyphosate, the 

ethanolamine salt of glyphosate, and the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, the 

potassium salt of glyphosate, in or on 

the following food commodities:’’ This 

change corrects a spelling error that 

occurred in the notice of filing and 

deletes glyphosate dimethylammonium 

salt, as this is another name for the 

dimethylamine salt of glyphosate. 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish 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 

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. . . .’’ These 

provisions were added to the FFDCA by 

the Food Quality Protection Act (FQPA) 

of 1996. 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

section 408(b)(2)(D), 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 

the petitioned- revising the tolerance 

expression for 40 CFR 180.364 (a) to 

read: ‘‘Tolerances are established for 

residues of glyphosate N- 

(phosphonomethyl)glycine resulting 

from the application of glyphosate, the 

isopropylamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate, in or on 

the following food commodities.’’ The 

DMA salt of glyphosate dissociates to 

glyphosate and the dimethylamine ion. 

Because the DMA salt disassociates to 

glyphosate acid, as does the currently 

listed salts, no increased tolerances or 

risks are expected from the addition of 

the dimethylamine salt of glyphosate to 

the tolerance expression. Toxicological 

profile and current risk assessments for 

glyphosate are discussed in the final 

rule published in the Federal Register 

of December 20, 2006 (71 FR 76180) 

(FRL-8105-9) which established 

tolerances for residues of glyphosate in 

or on sunflower; safflower; noni; pea, 

dry; and vegetable, legume, group 6 

except soybean and pea, dry. Based on 

the risk assessments discussed in the 

notice above, EPA concludes that there 

is a reasonable certainty that no harm 

will result to the general population and 

to infants and children from aggregate 

exposure glyphosate residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methods are 

available for analysis of residues of 

glyphosate in or on plant and livestock 

commodities. These methods include 

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24190 Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 

gas liquid chromatography (GLC) 

(Method I in Pesticides Analytical 

Manual (PAM II; the limit of detection 

is 0.05 part per million (ppm)) and High 

Performance Liquid Chromatography 

(HPLC) with fluorometric detection. The 

HPLC procedure has undergone 

successful Agency validation, and was 

recommended for inclusion in PAM II. 

A gas chromatography/mass 

spectrometry (GC/MS) method for 

glyphosate crops has also been validated 

by EPA’s Analytical Chemistry 

Laboratory (ACL). 

The HPLC and GC/MS methods may 

be requested from: Chief, Analytical 

Chemistry Branch, Environmental 

Science Center, 701 Mapes Rd., Ft. 

Meade, MD 20755-5350; telephone 

number: (410) 305-2905; e-mail address: 

residuemethods@epa.gov. 

B. International Residue Limits 

Codex and Mexican maximum 

residue levels (MRLS) are established 

for residues of glyphosate per se and 

Canadian MRLs are established for the 

combined residues of glyphosate and 

animomethylphosphonic acid (AMPA) 

on a variety raw agricultural 

commodities. No international 

harmonization issues are associated 

with the addition of the dimethylamine 

salt of glyphosate to the tolerance 

expression. 

V. Conclusion 

Therefore, tolerance expression for 40 

CFR 180.364 (a) is revised to read: 

‘‘Tolerances are established for residues 

of glyphosate N- 

(phosphonomethyl)glycine resulting 

from the application of glyphosate, the 

isoprpylamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate, in or on 

the following food commodities.’’ 

VI. 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). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance 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 final 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). 

VII. 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. 

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: April 17, 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 180.364, paragraph (a) is 

amended by revising the introductory 

text to read as follows: 

§ 180.364 Glyphosate; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of glyphosate N- 

(phosphonomethyl)glycine resulting 

from the application of glyphosate, the 

isopropylamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate in or on the 

following food commodities: 

* * * * * 

[FR Doc. E7–8000 Filed 5–1–07; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1715; MB Docket No. 05–328; RM– 

10577; RM–11343; RM–11344] 

Radio Broadcasting Service; Broken 

Bow and Millerton, OK 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division: grants a 

counterproposal (RM–11343) filed by 

Charles Crawford to allot Channel 

265C2 at Millerton, Oklahoma; 

dismisses a petition for rule making 

(RM–10577) per petitioner Jeraldine 

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