49226 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Notices

D. Aggregate Exposure

Since the Cry9C protein is expressed

in plant tissues, dermal or inhalation

will be negligible to non-existent.

Drinking water is unlikely to be

contaminated with Cry9C protein due to

the rapid degradation of plant materials

in the soil. Processed plant products

may allow for low levels of exposure to

the Cry9C protein, but the lack of

mammalian toxicity and the lack of

sequence homology to known toxins or

allergens, has already been

demonstrated.

E. Cumulative Exposure

The unique mode-of-action of Bt

proteins in general, coupled with the

lack of mammalian toxicity for the

Cry9C protein provides no basis for the

expectation of cumulative exposure

with other compounds.

F. Safety Determination

Bt microbial pesticides containing Cry

proteins have been applied for more

than 30 years to food and feed crops

consumed by the U.S. population. There

have been no human safety problems

attributed to Cry proteins. The extensive

mammalian toxicity studies performed

to support the safety of Bacillus

thuringiensis - containing pesticides

clearly demonstrate that the tested

isolates are not toxic or pathogenic

(McClintock, et al., 1995, Pestic. Sci.

45:95-105). The lack of mammalian

toxicity or allergenic properties of the

Cry9C protein provides support for our

request of an exemption from the

requirement of a tolerance set forth in

this petition. Non-dietary exposure of

infants, children or the US population

in general, to the Cry9C protein

expressed in plant materials, are not

expected due to the uses of this product

within agricultural settings.

G. Existing Tolerances

No tolerances or tolerance exemptions

have been granted for the Bacillus

thuringiensis subsp. tolworthi Cry9C

and the genetic material necessary for

the production of this protein in or on

all raw agricultural commodities.

[FR Doc. 97–24940 Filed 9–18–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5895–2]

Notice of Proposed Assessment of

Clean Water Act Class II Administrative

Penalty to Arizona Public Service

Company and Opportunity To

Comment

AGENCY: Environmental Protection

Agency.

ACTION: Notice of proposed

administrative penalty assessment and

opportunity to comment.

SUMMARY: EPA is providing notice of a

proposed administrative penalty

assessment and proposed Consent

Agreement for alleged violations of the

Clean Water Act. EPA is also providing

notice of the opportunity to comment on

the proposed penalty assessment.

Under section 309(g) of the Clean

Water Act, 33 U.S.C. 1319(g), EPA is

authorized to issue orders assessing

civil penalties for various violations of

the Act after providing the person

subject to the penalty notice of the

proposed penalty and the opportunity

for a hearing, and after providing

interested persons public notice of the

proposed penalty and a reasonable

opportunity to comment on its issuance.

Class II proceedings are conducted

under EPA’s Consolidated Rules of

Practice Governing the Administrative

Assessment of Civil Penalties and the

Revocation and Suspension of Permits,

40 CFR part 22. The procedures through

which the public may comment on a

proposed Class II penalty or participate

in a Class II penalty proceeding are set

forth in the Consolidated Rules. The

deadline for submitting public comment

of a proposed Class II order is thirty

days after publication of this document.

On the date identified below, EPA

commenced the following Class II

proceeding for the assessment of

penalties:

In the matter of Arizona Public

Service Company, P.O. Box 52034,

Phoenix, AZ; EPA Docket No. CWA–IX–

FY97–16; filed on September 11, 1997,

with Mr. Steven Armsey, Regional

Hearing Clerk, U.S. EPA Region 9, 75

Hawthorne Street, San Francisco,

California 94105, (415) 744–1389,

proposed penalty of $42,000 for

unpermitted discharges in August 1994,

January 1997, February 1997 and March

1997 into the Gila River from their water

reclamation supply system pipeline.

EPA and Arizona Public Service

Company have agreed to a proposed

Consent Agreement in which Arizona

Public Service Company shall pay a

civil penalty of $42,000.

FOR FURTHER INFORMATION: Persons

wishing to receive a copy of EPA’s

Consolidated Rules, review the

complaint or other documents filed in

this proceeding, comment upon a

proposed assessment, or otherwise

participate in the proceeding should

contact the Regional Hearing Clerk

identified above. The administrative

record for this proceeding is located in

the EPA Regional Office identified

above, and the file will be open for

public inspection during normal

business hours. All information

submitted by the Respondent is

available as part of this administrative

record, subject to provisions of law

restricting public disclosure of

confidential information. In order to

provide opportunity for public

comment, EPA will take no final action

in these proceedings prior to thirty (30)

days after the date of publication of this

document.

Dated: September 11, 1997.

John Ong,

Acting Director, Water Division.

[FR Doc. 97–24946 Filed 9–18–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5895–4]

EPA’s Final Decision To Withdraw

Phase I Total Maximum Daily Loads

(TMDLs) for Copper in certain New

Jersey Waters of New York-New Jersey

Harbor

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has determined that

certain New Jersey waters of the New

York-New Jersey Harbor are not water

quality-limited for copper, and

therefore, Phase I copper TMDLs are not

required for these water segments. The

New Jersey Harbor waters for which

Phase I Copper TMDLS are being

withdrawn are defined as Newark Bay,

Hackensack River below the Oradell

Dam, Passaic River below the Dundee

Dam, Raritan River below the Fieldsville

Dam, and Raritan Bay. EPA is hereby

issuing public notice of its final

decision to withdraw the Phase I

TMDLs for copper established by EPA

on January 24, 1996.

DATES: September 19, 1997.

ADDRESSES: Copies of the

responsiveness summary and relevant

supporting documents may be obtained

by writing to Mr. Steven Wood, Fate &

Effects Team, U.S. Environmental
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Notices 49227

Protection Agency Region II, 290

Broadway, 24th Floor, New York, New

York 10006–1866,

wood.steven@epamail.epa.gov, or by

calling (212) 637–3866.

The administrative record containing

background technical information is on

file and may be inspected at the U.S.

EPA, Region II office between the hours

of 8 a.m. and 5:30 p.m., Monday

through Friday, except holidays.

Arrangements to examine the

administrative record may be made by

contacting Mr. Steven Wood.

FOR FURTHER INFORMATION CONTACT: Mr.

Steven Wood, telephone (212) 637-3866.

SUPPLEMENTARY INFORMATION:

I. Background

II. Public Notice of Draft Decision

III. Final Determination

I. Background

A TMDL, or total maximum daily

load, is the maximum amount of the

pollutant that a waterbody can

assimilate and still meet ambient water

quality standards. TMDLs are

established for water quality-limited

segments, which are defined as ‘‘any

segment where it is known that water

quality does not meet applicable water

quality standards, and/or is not

expected to meet applicable water

quality standards, even after the

application of technology-based effluent

limitations * * *’’ (40 CFR 130.2(i)).

On January 24, 1996, EPA established

certain phased TMDLs, including waste

load allocations (WLAs) and load

allocations (LAs) for copper. (61 FR

1930). Phased TMDLs were developed

for copper because of the limited

ambient data and uncertainty in the

model calibration for the New Jersey

Harbor waters. The Phase I TMDLs

established in January 1996 required

additional data collection in the New

Jersey Harbor waters before the

establishment, as necessary, of revised

Phase II TMDLs. Phase II TMDLs were

to be established only if the additional

data and/or modeling indicated that it

was necessary to reduce point and/or

nonpoint sources of copper below Phase

I levels. The New Jersey Harbor waters

affected by this action are Newark Bay,

Hackensack River below the Oradell

Dam, Passaic River below the Dundee

Dam, Raritan River below the Fieldville

Dam and Raritan Bay.

The New Jersey Harbor Dischargers

Group (NJHDG), in cooperation with the

State of New Jersey and EPA, agreed to

undertake the required additional

monitoring and modeling. The first

phase of the monitoring was designed to

enhance the existing ambient database

and to confirm whether copper

exceeded or potentially exceeded

applicable water quality standards in

the above defined New Jersey Harbor

waters. Based on the results of this data

collection effort, it was determined that

copper does not exceed the appropriate

water quality criteria, and therefore the

Phase I copper TMDLs are being

withdrawn, for the waters mentioned

above.

For the Arthur Kill and Kill Van Kull,

the Phase I copper TMDLs are not being

withdrawn by today’s action. The

copper TMDLs for these waters remain

in effect. Additional monitoring and

modeling is currently ongoing for these

two waters, and EPA expects to review

these data and take appropriate action.

Such action may include, without

limitation, withdrawing the Phase I

copper TMDLs, establishing Phase II

copper TMDLs or taking no action to

revise the Phase I copper TMDLs. In

order to clarify EPA’s position in this

matter, EPA will, following review of

the data, publish notice in the Federal

Register of the results of its review and

what further action, if any, it intends to

take on the Arthur Kill and Kill Van

Kull copper TMDLs.

II. Public Notice of Draft Decision

EPA’s proposed withdrawal was

public noticed in the Federal Register

dated January 10, 1997 (62 FR 1454). A

30-day comment period followed,

during which EPA received five

comment letters. All comments have

been addressed in a responsiveness

summary which may be obtained by

writing or calling Mr. Steven Wood as

referenced above.

III. Final Decision

EPA is noticing its final decision to

withdraw the Phase I copper TMDLs

from the following New Jersey Harbor

waters:

—Hackensack River below the Oradell

Dam,

—Passaic River below the Dundee Dam,

—Raritan River below the Fieldville

Dam,

—Newark Bay, and

—Raritan Bay.

This action has no effect on the

TMDLs for other pollutants established

for these waters.

Dated: August 28, 1997.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 97–24944 Filed 9–18–97; 8:45 am]

BILLING CODE 6560–50–P

FARM CREDIT ADMINISTRATION

Farm Credit Administration Board;

Regular Meeting; Sunshine Act

Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Notice is hereby given,

pursuant to the Government in the

Sunshine Act (5 U.S.C. 552b(e)(3)), that

the October 9, 1997 regular meeting of

the Farm Credit Administration Board

(Board) will not be held. The FCA Board

will hold a meeting at 9:00 a.m. on

Wednesday, October 22, 1997. An

agenda for this meeting will be

published at a later date.

FOR FURTHER INFORMATION CONTACT:

Floyd Fithian, Secretary to the Farm

Credit Administration Board, (703) 883–

4025, TDD (703) 883–4444.

ADDRESSES: Farm Credit

Administration, 1501 Farm Credit Drive,

McLean, Virginia 22102–5090.

Dated: September 16, 1997.

Floyd Fithian,

Secretary, Farm Credit Administration Board.

[FR Doc. 97–25114 Filed 9–17–97; 2:24 pm]

BILLING CODE 6705–01–P

FARM CREDIT ADMINISTRATION

Farm Credit Administration Board;

Amendment to Sunshine Act Meeting;

Sunshine Act Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Pursuant to the Government

in the Sunshine Act (5 U.S.C.

552b(e)(3)), the Farm Credit

Administration gave notice on

September 10, 1997 (62 FR 47667) of the

regular meeting of the Farm Credit

Administration Board (Board)

scheduled for September 11, 1997. This

notice is to amend the agenda by adding

an item to the open session of that

meeting.

FOR FURTHER INFORMATION CONTACT:

Floyd Fithian, Secretary to the Farm

Credit Administration Board, (703) 883–

4025, TDD (703) 883–4444.

ADDRESSES: Farm Credit

Administration, 1501 Farm Credit Drive,

McLean, Virginia 22102–5090.

SUPPLEMENTARY INFORMATION: Parts of

this meeting of the Board were open to

the public (limited space available), and

parts of this meeting were closed to the

public. The agenda for September 11,

1997, is amended by adding the

following item:

Open Session

B. Report

—FCSBA’s Quarterly Report