27460 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

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: May 8, 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 180.361 is amended by 

revising the tolerances for ‘‘Bean, lima, 

seed’’; ‘‘Bean, lima, succulent’’; ‘‘Bean, 

forage’’; ‘‘Bean, hay’’; and ‘‘Pea, 

succulent‘‘, which will be revoked due 

to an administrative error, with the 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.361 Pendimethalin; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

*****

Beans .............................. 0.10 

Beans, forage ................. 0.10 

Beans, hay ...................... 0.10 

*****

Peas (except field peas) 0.10 

*****

* * * * * 

[FR Doc. E7–9428 Filed 5–15–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0160; FRL–8130–6] 

Aspergillus flavus NRRL 21882 on 

Corn; Temporary Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

temporary exemption from the 

requirement of a tolerance for residues 

of the Aspergillus flavus NRRL 21882 on 

corn when applied aerially once per 

season at the first sign of corn tasseling 

to reduce aflatoxin-producing 

Aspergillus flavus. Acta Group, 1203 

Nineteenth St., NW., Suite 300, 

Washington, DC 20036–2401 on behalf 

of Circle One Global, Inc. One Arthur St. 

P.O. Box 28, Shellman, GA 39886–0028 

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 the temporary tolerance 

exemption. This regulation eliminates 

the need to establish a maximum 

permissible level for residues of 

Aspergillus flavus NRRL 21882. The 

temporary tolerance exemption expires 

on May 2, 2009. 

DATES: This regulation is effective May 

16, 2007. Objections and requests for 

hearings must be received on or before 

June 15, 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–2007–0160. 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. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 27461 

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 

Facility telephone number is (703) 305–

5805. 

FOR FURTHER INFORMATION CONTACT: 

Shanaz Bacchus, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8097; e-mail address: 

bacchus.shanaz@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 

Section 5 of FIFRA and the regulations 

promulgated to carry out that provision 

of FIFRA (40 CFR part 172). 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–2007–0160 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 July 16, 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–2007–0160, 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. 

II. Background and Statutory Findings 

In the Federal Register of March 21, 

2007 (72 FR 13277–13279) (FRL–8117–

4), 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 tolerance petition (PP 6F7121) 

by Acta Group, 1203 Nineteenth St., 

NW., Suite 300, Washington, DC 20036–

2401 on behalf of Circle One Global, Inc. 

P.O. Box 28, Shellman, GA 39886–0028. 

The petition requested that 40 CFR part 

180 be amended to include a temporary 

exemption from the requirement of a 

tolerance for residues of Aspergillus 

flavus NRRL 21882 on corn. This notice 

included a summary of the petition 

prepared by the petitioner Acta Group, 

on behalf of Circle One Global, Inc. No 

comments were received in response to 

the Federal Register Notice. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe ’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Pursuant to 

section 408(c)(2)(B), in establishing or 

maintaining in effect an exemption from 

the requirement of a tolerance, EPA 

must take into account the factors set 

forth in section 408(b)(2)(C), which 

require 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. . . .’’ Additionally, section 

408(b)(2)(D) of FFDCA requires that the 

Agency consider ‘‘available information 

concerning the cumulative effects of a 

particular pesticide’s residues’’ and 

‘‘other substances that have a common 

mechanism of toxicity.’’

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. First, 

EPA determines the toxicity of 

pesticides. Second, EPA examines 

exposure to the pesticide through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. 

III. Toxicological Profile 

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

of FFDCA, EPA has reviewed the 

available scientific data and other 

relevant information in support of this 


jlentini on PROD1PC65 with RULES
27462 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

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. 

Aspergillus flavus NRRL 21882 is a 

non-aflatoxin-producing fungal active 

ingredient that will be used to displace 

the ubiquitous Aspergillus flavus group 

of microbes, many of which can 

produce aflatoxin, a potent carcinogen. 

The toxicological profile of this 

conditionally registered active 

ingredient has been previously 

described in the final rule of the Federal 

Register of June 30, 2004, (69 FR 39341) 

(FRL–7364–2). On the basis of those 

studies, the exemption from tolerance of 

Aspergillus flavus NRRL 21882, a nonaflatoxin-producing strain of Aspergillus 

flavus, on peanuts was established in 40 

CFR 180.1254. 

The acute toxicology oral studies 

placed Aspergillus flavus NRRL 21882 

in Toxicity Category IV. This active 

ingredient was not toxic, infective or 

pathogenic to mammals on the basis of 

acute oral, pulmonary and 

intraperitoneal studies. That database 

supporting the exemption from 

tolerance on peanut also supports the 

proposed temporary exemption of this 

active ingredient on corn. For a 

summary of the studies and discussions 

of dietary and non-dietary, nonoccupational dermal and inhalation 

exposures, as well as aggregate and 

cumulative, exposures, and potential 

endocrine effects refer to the aforesaid 

June 30, 2004 final rule. All studies met 

the safety standards of the Food Quality 

Protection Act of 1996. This pesticide 

has been used for more than a decade 

in experimental laboratory and field 

trials without any reports of adverse 

dermal irritation or hypersensitivity 

effects. 

The petitioner is now requesting that 

those studies be also used as the basis 

to amend the tolerance exemption to 

include a temporary exemption from 

tolerance for Aspergillus flavus NRRL 

21882 on corn during the Experimental 

Use Permit with EPA Registration 

Number (EPA Reg. No.) 75624–EUP–2. 

The proposed two-year, non-crop 

destruct Experimental Use Permit is for 

treatment of approximately 6,000 acres 

of corn grown for grain in Texas at ten 

or 20 pounds of the End-use Product 

(EP) aflaguardR per acre. 

The Agency has determined that the 

studies do support the proposed 

exemption from tolerance of Aspergillus 

flavus NRRL 21882 on corn. Summaries 

of the rationales for this determination 

may be found in the aforesaid Federal 

Register Final Rule of June 30, 2004. No 

further toxicological data are required 

for this temporary exemption from the 

requirement of a tolerance for 

Aspergillus flavus NRRL 21882 on corn. 

The applicant must, however, report 

any incidents of hypersensitivity, or any 

other adverse effects to comply with the 

requirements of Section 6(a)(2). Efficacy 

data to demonstrate that the pesticide 

does reduce aflatoxin-producing 

Aspergillus flavus colonies and, 

concomitantly, aflatoxin in corn, are 

required as part of the Experimental Use 

Permit. 

IV. Aggregate Exposures 

In examining aggregate exposure, 

section 408 of the FFDCA directs EPA 

to consider available information 

concerning exposures from the pesticide 

residue in food and all other nonoccupational exposures, including 

drinking water from ground water or 

surface water and exposure through 

pesticide use in gardens, lawns, or 

buildings (residential and other indoor 

uses). 

A. Dietary Exposure 

1. Food. The aforesaid final rule for 

the exemption from tolerance for 

residues of Aspergillus flavus NRRL 

21882 on peanut considered all studies 

submitted by the applicant and found 

them to be acceptable. 

2. Drinking water exposure. Those 

data are also acceptable to demonstrate 

that the proposed use of Aspergillus 

flavus NRRL 21882 on corn will not 

harm the U.S. adult, infant and children 

population from dietary exposure, 

including food, and drinking water. 

Percolation through the soil and 

municipal treatment of drinking water 

are expected to preclude exposure of the 

US population, infants and children to 

residues of the pesticide. 

B. Other Non-Occupational Exposure 

1. Dermal exposure. Dermal nonoccupational exposure is expected to be 

minimal to non-existent for the 

proposed use of Aspergillus flavus 

NRRL 21882 on corn. The pesticide is 

to be applied to agricultural sites not in 

the proximity of residential areas, 

schools, nursing homes or daycares. 

2. Inhalation exposure. For the same 

reasons non-occupational inhalation 

exposure to Aspergillus flavus NRRL 

21882 is expected to be minimal to nonexistent. 

V. Cumulative Effects 

Another non-aflatoxin-producing 

strain of Aspergillus flavus, AF36, is 

registered, but not for use on corn. 

Cumulative effects of these strains are 

not expected to exceed the risk cup for 

the registered Aspergillus flavus strains, 

AF36 and NRRL 21882. 

VI. Determination of Safety for U.S. 

Population, Infants and Children 

Based on the previously evaluated 

data, it is not necessary to use a safety 

factor to determine safety to children 

June 30, 2004, (69 FR 39341). 

VII. Other Considerations 

A. Endocrine Disruptors 

See Federal Register, June 30, 2004, 

(69 FR 39341). 

B. Analytical Method 

See Federal Register, June 30, 2004, 

(69 FR 39341). 

C. Codex Maximum Residue Level 

There is no Codex Maximum Residue 

Level (MRL) for residues of Aspergillus 

flavus NRRL 21882 on corn. 

VIII. 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, 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 27463 

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). 

IX. 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: May 4, 2007. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention 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 180.1254 is amended by 

designating the existing text as 

paragraph (a) and by adding paragraph 

(b) to read as follows: 

§ 180.1254 Aspergillus flavus NRRL 21882; 

exemption from requirement of a tolerance. 

(a) * * * 

(b) Aspergillus flavus NRRL 21882 is 

temporarily exempt from the 

requirement of a tolerance on corn when 

used in accordance with the 

Experimental Use Permit 75624–EUP–2. 

This temporary exemption from 

tolerance will expire on May 2, 2009. 

[FR Doc. E7–9427 Filed 5–15–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0203; FRL–8126–2] 

Acetochlor; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation revises and 

separates the tolerances for acetochlor 

in 180.470 into paragraphs (a) through 

(d) and reassigns many of the current 

entries from paragraph (a) to paragraph 

(d), which applies to tolerances for 

indirect and inadvertent residues. This 

regulation also establishes several new 

tolerances and amends several existing 

tolerances under paragraph (a). It further 

establishes several new tolerances under 

paragraph (d); and amends and revises 

two tolerances moved to that paragraph. 

Details of these changes are outlined in 

Unit II. of this document. The 

Acetochlor Registration Partnership 

(ARP) and Monsanto Company 

requested these changes as submitted by 

petitions to EPA pursuant to the Federal 

Food, Drug and Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

16, 2007. Objections and requests for 

hearings must be received on or before 

July 16, 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–2006–0203. 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: 

• 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 


jlentini on PROD1PC65 with RULES