Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 21261 

1To be consistent, the California certification 

procedures need not be identical to the Federal 

certification procedures. California procedures 

would be inconsistent, however, if manufacturers 

would be unable to meet the state and the Federal 

requirements with the same test vehicle in the 

course of the same test. See, e.g., 43 FR 32182 (July 

25, 1978). 

docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. 

SUPPLEMENTARY INFORMATION: 

(A) Background and Discussion 

Section 209(a) of the Clean Air Act, as 

amended (‘‘Act’’), 42 U.S.C. 7543(a), 

provides: 

No State or any political subdivision 

thereof shall adopt or attempt to enforce any 

standard relating to the control of emissions 

from new motor vehicles or new motor 

vehicle engines subject to this part. No state 

shall require certification, inspection or any 

other approval relating to the control of 

emissions from any new motor vehicle or 

new motor vehicle engine as condition 

precedent to the initial retail sale, titling (if 

any), or registration of such motor vehicle, 

motor vehicle engine, or equipment. 

Section 209(b) of the Act requires the 

Administrator, after notice and 

opportunity for public hearing, to waive 

application of the prohibitions of 

section 209(a) for any state that has 

adopted standards (other than crankcase 

emission standards) for the control of 

emissions from new motor vehicles or 

new motor vehicle engines prior to 

March 30, 1966, if the state determines 

that the state standards will be, in the 

aggregate, at least as protective of public 

health and welfare as applicable Federal 

standards. California is the only state 

that is qualified to seek and receive a 

waiver under section 209(b). The 

Administrator must grant a waiver 

unless he finds that (A) the 

determination of the state is arbitrary 

and capricious, (B) the state does not 

need the state standards to meet 

compelling and extraordinary 

conditions, or (C) the state standards 

and accompanying enforcement 

procedures are not consistent with 

section 202(a) of the Act. Previous 

decisions granting waivers of Federal 

preemption for motor vehicles have 

stated that State standards are 

inconsistent with section 202(a) if, for 

example, there is inadequate lead time 

to permit the development of the 

necessary technology giving appropriate 

consideration to the cost of compliance 

within that time period or if the Federal 

and State test procedures impose 

inconsistent certification procedures.1

CARB’s December 21, 2005, letter to 

the Administrator notified EPA that the 

CARB Board had adopted its GHG 

regulations at a public hearing on 

September 23–24, 2004 and 

subsequently California’s Office of 

Administrative Law approved the 

regulatory action on September 15, 

2005. The amendment and adoption of 

regulations can be found at title 13, 

California Code of Regulations (CCR), 

sections 1900, 1961 and 1961.1. 

Please provide comment as to 

whether (a) California’s determination 

that its motor vehicle emission 

standards are, in the aggregate, at least 

as protective of public health and 

welfare as applicable Federal standards 

is arbitrary and capricious, (b) California 

needs such standards to meet 

compelling and extraordinary 

conditions, and (c) California’s 

standards and accompanying 

enforcement procedures are consistent 

with section 202(a) of the Clean Air Act. 

Within the context of these statutory 

criteria we also request comment on the 

following: (1) Given that the regulations 

referenced in the December 21, 2005, 

request letter relate to global climate 

change, should that have any effect on 

EPA’s evaluation of the criteria, and if 

so, in what manner; (2) whether the 

United States Supreme Court’s decision, 

issued on April 2, 2007 (549 U.S. 

llll(2007)), regarding the 

regulation of emissions of greenhouse 

gases from new motor vehicles under 

Title II of the Clean Air Act, is relevant 

to EPA’s evaluation of the three criteria, 

and if so, in what manner; and (3) 

whether the Energy Policy and 

Conservation Act (EPCA) fuel economy 

provisions are relevant to EPA’s 

consideration of this petition or to 

CARB’s authority to implement its 

vehicle GHG regulations. 

Procedures for Public Participation 

In recognition that public hearings are 

designed to give interested parties an 

opportunity to participate in this 

proceeding, there are no adverse parties 

as such. Statements by participants will 

not be subject to cross-examination by 

other participants without special 

approval by the presiding officer. The 

presiding officer is authorized to strike 

from the record statements that he or 

she deems irrelevant or repetitious and 

to impose reasonable time limits on the 

duration of the statement of any 

participant. 

The Agency will make a verbatim 

record of the proceedings. Interested 

parties may arrange with the reporter at 

the hearing(s) to obtain a copy of the 

transcript at their own expense. EPA 

will keep the record open until June 15, 

2007. Upon expiration of the comment 

period, the Administrator will render a 

decision on CARB’s request based on 

the record of the public hearing, 

relevant written submissions, and other 

information that he deems pertinent. 

Persons with comments containing 

proprietary information must 

distinguish such information from other 

comments to the greatest possible extent 

and label it as ‘‘Confidential Business 

Information’’ (CBI). If a person making 

comments wants EPA to base its 

decision in part on a submission labeled 

CBI, then a non-confidential version of 

the document that summarizes the key 

data or information should be submitted 

for the public docket. To ensure that 

proprietary information is not 

inadvertently placed in the docket, 

submissions containing such 

information should be sent directly to 

the contact person listed above and not 

to the public docket. Information 

covered by a claim of confidentiality 

will be disclosed by EPA only to the 

extent allowed and by the procedures 

set forth in 40 CFR part 2. If no claim 

of confidentiality accompanies the 

submission when EPA receives it, EPA 

will make it available to the public 

without further notice to the person 

making comments. 

Dated: April 24, 2007. 

William L. Wehrum, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. E7–8168 Filed 4–27–07; 2:09 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA-HQ-OPP-2006-0936; FRL-8124-5] 

Notice of Filing of Pesticide Petitions 

for Residues of Pesticide Chemicals in 

or on Various Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

initial filing of pesticide petitions 

proposing the establishment or 

modification of regulations for residues 

of pesticide chemicals in or on various 

commodities. 

DATES: Comments must be received on 

or before May 30, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 


rwilkins on PROD1PC63 with NOTICES
21262 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 

number (PP) of interest, 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 Facility telephone number is 

(703) 305-5805. 

Instructions: Direct your comments to 

the assigned docket ID number and the 

pesticide petition number of interest. 

EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. 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 

website to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., 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. 

Publicly available docket materials are 

available electronically 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 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 Facility telephone 

number is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: The 

person listed at the end of the pesticide 

petition summary of interest. 

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. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed at the end of the 

pesticide petition summary of interest. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Docket ID Numbers 

When submitting comments, please 

use the docket ID number and the 

pesticide petition number of interest, as 

shown in the table. 

PP Number Docket ID Number 

PP 7E7193 EPA-HQ-OPP-2007-0223 

PP 6E7137 EPA-HQ-OPP-2007-0234 

PP 6E7139 EPA-HQ-OPP-2007-0234 

PP 7F7181 EPA-HQ-OPP-2007-0275 

PP 6F7159 EPA-HQ-OPP-2007- 0280 

III. What Action is the Agency Taking? 

EPA is printing notice of the filing of 

pesticide petitions received under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 21263 

346a, proposing the establishment or 

modification of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on various food 

commodities. EPA has determined that 

the pesticide petitions described in this 

notice contain data or information 

regarding the elements set forth in 

FFDCA section 408(d)(2); however, EPA 

has not fully evaluated the sufficiency 

of the submitted data at this time or 

whether the data support granting of the 

pesticide petitions. Additional data may 

be needed before EPA rules on these 

pesticide petitions. 

Pursuant to 40 CFR 180.7(f), a 

summary of each of the petitions 

included in this notice, prepared by the 

petitioner, is included in a docket EPA 

has created for each rulemaking. The 

docket for each of the petitions is 

available on-line at http:// 

www.regulations.gov. 

New Exemptions from Tolerance 

1. PP 7E7193. (Docket ID number 

EPA–HQ–OPP–2007–0223). Keller and 

Heckman LLP, 1001 G St., NW., Suite 

500 West, Washington, DC 20001, 

proposes to establish an exemption from 

the requirement of a tolerance for 

residues of the 1-propanesulfonic acid, 

2-methyl-2-[(1-oxo-2-propenyl) amino]- 

monosodium salt, polymer with ethenol 

and ethenyl acetate (CAS no. 107568-12- 

7) in or on all food commodities. 

Because this petition is a request for an 

exemption from the requirement of a 

tolerance without numerical limitations, 

no analytical method is required. 

Contact: Bipin Gandhi, telephone 

number: (703) 308-8380; e-mail address: 

gandhi.bipin@epa.gov. 

2. PP 7F7181. (Docket ID number 

EPA–HQ–OPP–2007–0275). E. I. DuPont 

de Nemours and Company, DuPont 

Crop Protection, 1090 Elkton Road, 

Newark, DE 19711, proposes to establish 

an exemption from the requirement of a 

tolerance for residues of 

chlorantraniliprole, 3-bromo-N-[4- 

chloro-2-methyl-6- 

[(methylamino)carbonyl]phenyl]-1-(3- 

chloro-2-pyridinyl)-1H-pyrazole-5- 

carboxamide in or on food and feed 

commodities. Because this petition is a 

request for an exemption from the 

requirement of a tolerance without 

numerical limitations, no analytical 

method is required. Contact: Kable (Bo) 

Davis, telephone number: (703) 306- 

0415; e-mail address: 

davis.kable@epa.gov. 

New Tolerances 

1. PPs 6E7137 and PP 6E7139. (Docket 

ID number EPA–HQ–OPP–2007–0234). 

Interregional Research Project Number 4 

(IR-4), 500 College Road East, Suite 201 

W, Princeton, NJ 08540, proposes to 

establish a tolerance for residues of the 

fungicide fluazinam in or on food 

commodities in PP 6E7137: Vegetable, 

legume, edible podded, subgroup 6A, 

except pea at 0.15 parts per million 

(ppm); Brassica, leafy greens, subgroup 

5B at 0.02 ppm; Brassica, head and 

stem, subgroup 5A at 0.01 ppm; and 

turnip, tops at 0.02 ppm. IR-4 also 

proposes to establish a tolerance for 

residues of fluazinam and its metabolite 

AMGT in or on food commodities: 

Bushberry subgroup 13B; berry, aronia; 

blueberry, lowbush; currant, buffalo; 

guava, chilean; barberry, European; 

cranberry, highbush; honeysuckle; 

jostaberry; Juneberry; lingonberry; 

currant, native; salal; and buckthorn, sea 

at 4.5 ppm. IR-4 proposes to establish a 

tolerance for residues of fluazinam in or 

on food commodities in PP 6E7139: 

Ginseng at 3.0 ppm; bean, dry at 0.01 

ppm; and pea and bean, succulent 

shelled, subgroup 6B, except pea at 0.02 

ppm. An analytical method using gas 

chromatography with electron capture 

detection (GC-ECD) for the 

determination of fluazinam residues on 

beans (snap, lima, and dry), Brassica 

crops (broccoli, cabbage and mustard 

greens), ginseng and blueberry has been 

developed and validated. Contact: Shaja 

R. Brothers, telephone number: (703) 

308-3194; e-mail address: 

brothers.shaja@epa.gov. 

2. PP 6F7159. (Docket ID number 

EPA–HQ–OPP–2007–0280). Bayer 

CropScience, 2 T. W. Alexander Drive, 

Research Triangle Park, NC 27709, 

proposes to establish a tolerance for 

residues of the insecticide clothianidin 

in or on food commodities: Beet, sugar, 

root at 0.02 ppm; beet, sugar, tops at 

0.04 ppm; and beets, sugar, molasses at 

0.06 ppm. In plants and plant products, 

the residue of concern parent 

clothianidin can be determined using 

high performance liquid 

chromatography (HPLC) with 

electrospray tandem mass spectrometry 

(MS/MS) detection. In an extraction 

efficiency testing, the plant residues 

method has also demonstrated the 

ability to extract aged clothianidin 

residue. Although the plant residues LCMS/MS method is highly suitable for 

enforcement method, an L C-Ultraviolet 

(UV) method has also been developed 

which is suitable for enforcement 

monitoring purposes in all relevant 

matrices. Contact: Kable (Bo) Davis, 

telephone number: (703) 306-0415; email address: davis.kable@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 16, 2007. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. E7–8180 Filed 4–27–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA-HQ-OPP-2007-0199; FRL-8124-7] 

S-Abscisic Acid, (S)-5-(1-hydroxy-2,6,6- 

trimethyl-4-oxo-1-cyclohex-2-enyl)-3- 

methyl-penta-(2Z,4E)-dienoic Acid for 

Use in or on Grapes; Notice of Filing 

to Establish a Temporary Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

initial filing of a pesticide petition 

proposing the establishment or 

modification of regulations for residues 

of pesticide chemicals in or on various 

commodities. 

DATES: Comments must be received on 

or before May 30, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA-HQ-OPP-2007-0199 and 

the pesticide petition number (PP), 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 Facility telephone number is 

(703) 305-5805. 

Instructions: Direct your comments to 

docket ID number EPA-HQ-OPP-2007- 

0199. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 


rwilkins on PROD1PC63 with NOTICES