40710 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6132–8]

Board of Scientific Counselors,

Executive Committee Meeting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of meeting.

SUMMARY: Pursuant to the Federal

Advisory Committee Act, Pub. L. 92–

463, as amended (5 U.S.C., App. 2)

notification is hereby given that the

Environmental Protection Agency,

Office of Research and Development

(ORD), Board of Scientific Counselors

(BOSC), will hold its Executive

Committee Meeting.

DATES: The meeting will be held on

August 17–18, 1998.

ADDRESSES: The meeting will be held at

the Ritz-Carlton, Pentagon City,

Arlington, Virginia 22202. On Monday,

August 17, the meeting will begin at

8:45 a.m. and will recess at 4:30 p.m.,

and on Tuesday, August 18, the meeting

will begin at 8:45 a.m. and will adjourn

at 12:30 p.m. All times noted are Eastern

Time.

SUPPLEMENTARY INFORMATION: Agenda

items will include, but not limited to:

State of ORD, Activities of the Science

Advisory Board, and Issues Definition

on Particulate Matter. Anyone desiring

a draft BOSC agenda may fax their

request to Shirley R. Hamilton, (202)

565–2444. The meeting is open to the

public. Any member of the public

wishing to make a presentation at the

meeting should contact Shirley

Hamilton, Designated Federal Officer,

Office of Research and Development

(8701R), 401 M Street, SW, Washington,

DC 20460; or by telephone at (202) 564–

6853. In general, each individual

making an oral presentation will be

limited to a total of three minutes.

FOR FURTHER INFORMATION CONTACT:

Shirley R. Hamilton, Designated Federal

Officer, U.S. Environmental Protection

Agency, Office of Research and

Development, NCERQA (MC 8701R),

401 M Street, SW., Washington, DC

20460, (202) 564–6853.

Dated: July 23, 1998.

Henry L. Longest II,

Acting Assistant Administrator for Research

and Development.

[FR Doc. 98–20411 Filed 7–29–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–66257; FRL–6020–9]

Vinclozolin; Voluntary Termination of

Uses

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of receipt of request to

terminate uses.

SUMMARY: In accordance with section

6(f)(1) of the Federal Insecticide,

Fungicide, and Rodenticide Act, as

amended, EPA is issuing a notice of

receipt of request by BASF Corporation

to amend its registrations for products

containing 3-(3,5-dichlorophenyl)-5-

ethenyl-5-methyl-2,4-oxazolidinedione),

or vinclozolin, to terminate certain uses.

DATES: Comments must be submitted on

or before August 31, 1998.

ADDRESSES: By mail, submit written

comments to: Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, deliver comments to: Rm. 119,

CM #2, 1921 Jefferson Davis Highway,

Arlington, VA.

Comments and data may also be

submitted electronically to: oppdocket@epamail.epa.gov. Follow the

instructions under Unit VII. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as CBI.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

will be included in the public docket by

EPA without prior notice. The public

docket is available for public inspection

in Rm. 119 at the Virginia address given

above, from 8:30 a.m. to 4 p.m., Monday

through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Mark Wilhite, Reregistration

Branch I (7508W), Special Review and

Reregistration Division, Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20046. Office location,

telephone number, and e-mail address:

Reregistration Branch I, 3rd Floor, 2800

Crystal Drive, Arlington, VA; (703) 308–

8586, and e-mail:

wilhite.mark@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background Information

Vinclozolin (trade names Curalan,

Ornilan, and Ronilan) is a fungicide first

registered in 1981 to control various

types of rot caused by Botrytis spp.,

Sclerotinia spp, and other types of mold

and blight causing organisms on lettuce

(all types), onions, raspberries,

stonefruit, strawberries, succulent

beans, tomatoes, and turf on golf

courses, commercial sites, and

industrial sites. Vinclozolin is also

registered for use on ornamental plants

in greenhouses and nurseries. During its

review of the vinclozolin toxicology

data base for the purpose of making a

decision concerning reregistration of

vinclozolin under the Federal

Insecticide, Fungicide, and Rodenticide

Act (‘‘FIFRA’’), EPA decided an

additional tenfold margin of safety, as

specified in the Food Quality Protection

Act of 1996, was required to protect the

safety of infants and children. Given

prior EPA risk assessments of the acute

risk posed by vinclozolin, that use of the

additional tenfold margin of safety

would render aggregate exposure to

vinclozolin under existing use patterns

to be unacceptably high. BASF, the sole

registrant of vinclozolin used on food

commodities, recently requested

amendment of its vinclozolin

registrations to terminate two uses of

vinclozolin in order to mitigate this risk.

There are several ongoing actions

concerning vinclozolin. First, as

mentioned above, EPA has been

working to make a reregistration

decision under FIFRA concerning

vinclozolin. EPA plans to release a

Reregistration Eligibility Decision in the

next few months. Second, objections

and hearing requests were filed in

regard to EPA’s establishment of a

tolerance for vinclozolin on succulent

beans published in the Federal Register

of July 18, l997 (62 FR 38464) (FRL–

5727–9). EPA anticipates issuing a

decision on the hearing requests and

objections, as appropriate, shortly. EPA

has made no final decision regarding the

eligibility of vinclozolin for

reregistration or as to the hearing

requests or objections.

II. BASF Request to Amend

Registrations

On June 30, 1998, BASF submitted a

written request to EPA seeking to amend

the registrations for vinclozolin.

Specifically, BASF requested that EPA

amend registration numbers 7969-53,

7969-57, 7969-62, and 7969-85 to

terminate the use of vinclozolin on
Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Notices 40711

stone fruits and strawberries. BASF

requested that EPA waive the 180–day

waiting period for EPA action on its use

termination request.

BASF made clear that the proposed

use terminations were conditioned on

EPA accepting certain existing stock

provisions. EPA interprets BASF’s

request as proposing the following

existing stock provisions:

1. All existing stocks released for

shipment by BASF prior to August 30,

1998, shall be available for sale to end

users until June 30, 1999.

2. Beginning on August 30, 1998,

BASF will sticker all cases of

vinclozolin-containing products (that

are not yet palletted and are in BASF’s

site of manufacturing/packaging and

contain the old labeling) with a notice

barring sale and use of the products on

the terminated sites after June 30, 1999.

3. Within 30 days of EPA approval of

BASF’s proposed use terminations and

existing stock provisions, BASF will

provide to all Ronilan points of

purchase (shown by EDI sales to

resellers) 50 copies (per location) of a

bulletin with the pertinent details of the

label amendments and the existing

stocks provisions.

4. Use of vinclozolin on terminated

use sites will be prohibited after January

30, 2000.

BASF also made several requests

regarding the timing of the revocation of

Federal Food, Drug, and Cosmetic Act

(FFDCA) tolerances associated with the

terminated uses, the FFDCA provision

addressing commodities in the channels

of trade following FIFRA cancellation

and FFDCA revocation, and FIFRA

recall or recovery provisions.

III. Terminations Pursuant to Voluntary

Requests

Under section 6(f)(1) of FIFRA,

registrants may request at any time that

‘‘a pesticide registration of the registrant

be canceled or amended to terminate

one or more pesticide uses’’ (7 U.S.C.

136d(f)(1)). Consistent with section

6(f)(1) of FIFRA, EPA is issuing a notice

of receipt of the request and allowing 30

days for public comment.

IV. Procedures for Withdrawal of

Request

For BASF to withdraw a request for

use termination BASF must submit such

withdrawal in writing to Mark Wilhite,

at the address listed under ‘‘FOR

FURTHER INFORMATION CONTACT,’’

postmarked before August 31, 1998.

This written withdrawal of the request

for use termination will apply only to

the applicable section 6(f)(1) request

listed in this notice.

V. Proposed Acceptance of Use

Termination and Existing Stocks

Provision

EPA proposes to accept BASF’s

request for amendment of its vinclozolin

registration (EPA registration numbers

7969-53, 7969-57, 7969-62, and 7969-85)

to terminate uses on stone fruits and

strawberries. It is EPA’s general practice

to accept, as a routine matter, registrants

requests for cancellation of registrations

or specific uses in registrations unless

the registrant withdraws the request.

Notice of the request for cancellation is

published primarily for the purpose of

alerting affected parties so that they may

either attempt to convince the registrant

to maintain the registration or apply to

register the product themselves. EPA

proposes to approve these terminations

expeditiously after the close of the

comment period unless BASF

withdraws its request or a compelling

reason opposing termination is

presented in public comments.

EPA also proposes to accept BASF’s

requested existing stocks provisions.

Under FIFRA section 6(a)(1), EPA may

permit the continued sale and use of a

canceled pesticide if such sale or use ‘‘is

not inconsistent with the purposes of

this Act.’’ BASF has made clear that its

request for voluntary termination of

these uses is tied to its proposal for

existing stocks. Given EPA’s risk

concerns regarding vinclozolin, the

Agency believes that generally any

voluntary termination and existing

stocks provision that results in less use

of vinclozolin is not inconsistent with

the provisions of FIFRA. By accepting

this voluntary termination and existing

stocks provision, EPA is not

determining that exposure to

vinclozolin under the revised

registration and the existing stocks

provision does not result in

unreasonable adverse effects on the

environment as that phrase is defined in

FIFRA section 2(bb). Rather, EPA

believes it has the flexibility to accept

voluntary risk mitigation measures

undertaken by registrants without first

determining whether further actions are

necessary to meet FIFRA standards.

Ultimately, EPA must determine

whether the vinclozolin registration

meets FIFRA’s unreasonable adverse

effects standard. EPA will be making

that determination shortly in the context

of its reregistration decision on

vinclozolin. Assuming BASF’s request

is approved, EPA will consider the

vinclozolin registration, as amended,

including the existing stocks provision,

in making its determination on

reregistration.

VI. Proposed Existing Stocks Provision

EPA proposes the following existing

stocks provision:

1. Effective no later than the date

upon which the requested termination

is approved (‘‘approval date’’), no

vinclozolin products may be released

for shipment unless their labels reflect

the changes described in this notice.

2. Any vinclozolin product that on the

approval date: has not been released for

shipment; is present in a BASF

manufacturing or packaging facility; and

contains labeling not reflecting the

proposed terminations may be stickered

by BASF to reflect the use terminations

and to bar the sale and use by June 30,

1999.

3. Retailers, distributors, and endusers may sell, distribute, or use

products with the previously approved

labeling which have already been

released for shipment as of August 30,

1998, until such supplies are exhausted

or January 30, 2000, whichever comes

first.

4. Within 30 days of the approval

date, BASF shall provide to all Ronilan

points of purchase, 50 copies of a

bulletin with the pertinent details of the

label amendments and existing stocks

provisions.

EPA requests public comment on these

proposed existing stock provisions. EPA

particularly asks for comment from

parties affected by the restriction on use

of the product after January 30, 2000.

BASF requested that EPA revoke the

tolerances for vinclozolin on

strawberries and stone fruits on January

30, 2000. In response, EPA would note

that it is EPA’s general practice to

revoke tolerances for canceled uses

when existing stocks for such uses are

exhausted or use is barred. BASF also

sought confirmation that stone fruits

and strawberries legally treated with

vinclozolin prior to any tolerance

revocation would be allowed to clear

the channels of trade under FFDCA

section 408(l)(5). Under FFDCA section

408(l)(5), residues of the pesticide not in

excess of the amounts specified in the

tolerance remaining in or on a

commodity after the date the tolerance

is revoked will not be unlawful if the

pesticide is applied when the tolerance

was in effect and in a manner that was

lawful under FIFRA and EPA has not

issued a determination that

consumption of the food will pose an

unreasonable dietary risk. Additionally,

BASF wanted clarification that it would

have no obligation to recover or recall

any vinclozolin products as a result of

its voluntary termination request. In

response, EPA would note that recalls

under FIFRA section 19(b) are
40712 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 / Notices

mandatory only where a pesticide’s

registration has been suspended and

canceled. Finally, BASF requested EPA

provide advance public notice of its

voluntary cancellation proposal. This

notice provides the public with such

notice. EPA will also publish the

existing stocks provisions that are

established if the requested termination

is approved.

VII. Public Record and Electronic

Submissions

The official record for this action, as

well as the public version, has been

established for this action under docket

control number ‘‘OPP– 66257’’

(including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The official

record is located at the Virginia address

in ‘‘ADDRESSES’’ at the beginning of

this document.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comment and data will

also be accepted on disks in

Wordperfect 5.1/6.1 or ASCII file

format. All comments and data in

electronic form must be identified by

the docket control number ‘‘OPP–

66257.’’ Electronic comments on this

action may be filed online at many

Federal Depository Libraries.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests.

Dated: July 23, 1998.

Jack E. Housenger,

Director, Special Review and Reregistration

Division, Office of Pesticide Programs.

[FR Doc. 98–20410 Filed 7–29–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6132–9]

Proposed Settlement Under Section

122(h) of the Comprehensive

Environmental Response,

Compensation and Liability Act:

Woodward Metal Processing Site

AGENCY: Environmental Protection

Agency.

ACTION: Notice of proposed

administrative settlement and

opportunity for public comment.

SUMMARY: The United States

Environmental Protection Agency (EPA)

is proposing to enter into an

administrative settlement to resolve

certain claims under the Comprehensive

Environmental Response, Compensation

and Liability Act of 1980, as amended

(CERCLA). Notification is being

published to inform the public of the

proposed settlement and of the

opportunity to comment. This

settlement is intended to resolve 19

parties’ liability for certain response

costs incurred by EPA at the Woodward

Metal Processing Superfund Site in

Jersey City, New Jersey.

DATES: Comments must be provided on

or before August 31, 1998.

ADDRESSES: Comments should be

addressed to the United States

Environmental Protection Agency,

Office of Regional Counsel, 290

Broadway—17th Floor, New York, NY

10007, and should refer to: In the Matter

of the Woodward Metal Processing

Superfund Site: Woodward Metal

Processing Administrative Settlement,

under section 122 (h) of CERCLA, U.S.

EPA Index No. II-CERCLA–98–0110.

FOR FURTHER INFORMATION CONTACT: U.S.

Environmental Protection Agency,

Office of Regional Counsel, 290

Broadway—17th Floor, New York, NY

10007; Attention: Virginia A. Curry, Esq.

(212) 637–3134, or

curry.virginia@epa.mail.epa.gov

SUPPLEMENTARY INFORMATION: In

accordance with section 122(i)(1) of

CERCLA, notification is hereby given of

a proposed administrative settlement

concerning the Woodward Metal

Processing Superfund Site located in

Jersey City, New Jersey. Section 122(h)

of CERCLA provides EPA with authority

to settle certain claims for costs incurred

by the United States when the

settlement is in the public interest and

has received the approval of the

Attorney General. Parties will pay a

total of $1,795,051 to reimburse EPA for

response costs incurred at the

Woodward Metal Processing Superfund

Site.

Dated: July 20, 1998.

Jeanne M. Fox,

Regional Administrator.

[FR Doc. 98–20415 Filed 7–29–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices;

Acquisitions of Shares of Banks or

Bank Holding Companies

The notificants listed below have

applied under the Change in Bank

Control Act (12 U.S.C. 1817(j)) and §

225.41 of the Board’s Regulation Y (12

CFR 225.41) to acquire a bank or bank

holding company. The factors that are

considered in acting on the notices are

set forth in paragraph 7 of the Act (12

U.S.C. 1817(j)(7)).

The notices are available for

immediate inspection at the Federal

Reserve Bank indicated. The notices

also will be available for inspection at

the offices of the Board of Governors.

Interested persons may express their

views in writing to the Reserve Bank

indicated for that notice or to the offices

of the Board of Governors. Comments

must be received not later than August

14, 1998.

A. Federal Reserve Bank of

Minneapolis (Karen L. Grandstrand,

Vice President) 90 Hennepin Avenue,

P.O. Box 291, Minneapolis, Minnesota

55480-0291:

1. Adeline M. Morgan, Montgomery,

Minnesota; to acquire voting shares of F

and O, Inc., Montgomery, Minnesota,

and thereby indirectly acquire voting

shares of First National Bank of

Montgomery, Montgomery, Minnesota.

Board of Governors of the Federal Reserve

System, July 27, 1998.

Robert deV. Frierson,

Associate Secretary of the Board.

[FR Doc. 98–20381 Filed 7–29–98; 8:45 am]

BILLING CODE 6210–01–F

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, and

Mergers of Bank Holding Companies

The companies listed in this notice

have applied to the Board for approval,

pursuant to the Bank Holding Company

Act of 1956 (12 U.S.C. 1841 et seq.)

(BHC Act), Regulation Y (12 CFR Part

225), and all other applicable statutes

and regulations to become a bank

holding company and/or to acquire the

assets or the ownership of, control of, or

the power to vote shares of a bank or