Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Rules and Regulations 4963 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore this 

rule is categorically excluded under 

figure 2–1, paragraph 32(e) of the 

Instruction from further environmental 

documentation. Paragraph 32(e) 

excludes the promulgation of operating 

regulations or procedures for 

drawbridges from the environmental 

documentation requirements of the 

National Environmental Policy Act 

(NEPA). Since this regulation would 

alter the normal operating conditions of 

the drawbridge, it falls within this 

exclusion. A ‘‘Categorical Exclusion 

Determination’’ is available in the 

docket for inspection or copying where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 2. From 12:01 a.m., February 2, 2007 

until 8 a.m., March 15, 2007 in 

§ 117.671 add new paragraph (c) to read 

as follows: 

§ 117.671 Upper Mississippi River. 

* * * * * 

(c) The Illinois Central Railroad 

Drawbridge, Mile 579.9, Upper 

Mississippi River at Dubuque, Iowa 

shall open on signal if at least 24 hours 

notice is given. 

Dated: January 22, 2007. 

J.R. Whitehead, 

Rear Admiral, U.S. Coast Guard Commander, 

Eighth Coast Guard District. 

[FR Doc. E7–1615 Filed 2–1–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0175; FRL–8111–3] 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Because EPA has received 

adverse comments, the Agency is 

withdrawing the direct final rule 

excepting from the definitions of 

‘‘pesticide chemical’’ and ‘‘pesticide 

chemical residue’’ under section 201(q) 

of the Federal Food, Drug and Cosmetic 

Act (FFDCA) food packaging (e.g., paper 

and paperboard, coatings, adhesives, 

and polymers) that is treated with a 

pesticide. The rule was published on 

December 6, 2006 (71 FR 70667) (FRL–

8084–2). We stated in that direct final 

rule that if EPA received adverse 

comment by January 5, 2007, the 

Agency would publish a timely 

withdrawal in the Federal Register. We 

subsequently received adverse comment 

on that direct final rule and are 

therefore withdrawing the rule. EPA 

may issue a notice of proposed 

rulemaking in a future edition of the 

Federal Register to initiate action to 

repromulgate the rule provisions that 

are being withdrawn today. In any such 

action, EPA would address the adverse 

comments it received on the direct final 

rule. 

DATES: The direct final rule published at 

71 FR 70667, December 6, 2006, is 

withdrawn, effective January 25, 2007. 

FOR FURTHER INFORMATION CONTACT: Mari 

L. Duggard, Biopesticides and Pollution 

Prevention Division (7511P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., N.W.,Washington, DC 20460-0001; 

telephone number: (703) 308-0028; fax 

number: (703) 308-7026; e-mail 

address:duggard.mari@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

issued a direct final rule in the Federal 

Register of December 6, 2006 excepting 

from the definitions of ‘‘pesticide 

chemical’’ and ‘‘pesticide chemical 

residue’’ under section 201(q) of the 

FFDCA, food packaging (e.g., paper and 

paperboard, coatings, adhesives, and 

polymers) that is treated with a 

pesticide. We received adverse 

comment on that direct final rule and 

are therefore withdrawing the rule. EPA 

may issue a notice of proposed 

rulemaking in a future edition of the 

Federal Register to initiate action to 

repromulgate the rule provisions that 

are being withdrawn today. In any such 

action, EPA would address the adverse 

comments it received on the direct final 

rule. 

Accordingly, the amendment to 40 

CFR 180.4 published in the Federal 

Register on December 6, 2006 (71 FR 

70667) is withdrawn effective January 

25, 2007. 

The Adverse comment is publicly 

available available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S-4400, 

One Potomac Yard (South Building), 

2777 S. Crystal Drive, Arlington, VA. 

The hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305-5805. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and record-keeping 

requirements. 

Dated: January 17, 2007. 

Janet L. Andersen, 

Division Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 07–485 Filed 1–31–07; 12:19 pm] 

BILLING CODE 6560–50–S 


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