Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations 20431

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

are included in the docket. An

appropriate environmental analysis of

the fireworks program under the

National Environmental Policy Act will

be conducted in conjunction with the

marine event permitting process each

year.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. Section 165.178 is added to read as

follows:

§ 165.178 Safety Zone; Annual North

Hempstead Memorial Day Fireworks

Display, Hempstead Harbor, New York.

(a) Location. All waters of Hempstead

Harbor within a 300 yard radius of a

fireworks platform located

approximately 300 yards north of Bar

Beach, North Hempstead, New York.

(b) Effective period. This safety zone

is in effect annually on the Friday before

Memorial Day from 8 p.m. until 10 p.m.,

unless extended or terminated sooner by

the Captain of the Port New York. If the

fireworks is canceled because of bad

weather, this section is in effect on the

following Saturday at the time unless

extended or terminated sooner by the

Captain of the Port New York. The

effective period will be announced

annually via Safety Marine Information

Broadcasts and locally issued notices.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: April 18, 1995.

J. Rutkovsky,

Acting Commander, U.S. Coast Guard,

Captain of the Port New York.

[FR Doc. 95–10234 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA–102–4–6905; FRL–5184–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on February 2,

1995 and February 10, 1995. The

revisions concern rules from the Bay

Area Air Quality Management District

(BAAQMD). This approval action will

incorporate these rules into the federally

approved SIP. The intended effect of

approving these rules is to regulate

emissions of volatile organic

compounds (VOCs) in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

The revised rules control VOC

emissions from light and medium duty

motor vehicle assembly plants, from the

surface coating of large appliances and

metal furniture, from the coating of

wood products, from the surface coating

of marine vessels, components, and

structures intended for exposure to a

marine environment, and from air

stripping and soil vapor extraction

operations. Thus, EPA is finalizing the

approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

EFFECTIVE DATE: This action is effective

on May 26, 1995.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

California Air Resources Board, 2020

‘‘L’’ Street, Sacramento, CA 95814.

Bay Area Quality Management District,

939 Ellis Street, San Francisco, CA

94109.

FOR FURTHER INFORMATION CONTACT:

Nikole Reaksecker, Rulemaking Section,

Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105. Telephone: (415)

744–1187.

SUPPLEMENTARY INFORMATION:

Background

On February 2, 1995 in 60 FR 6467,

EPA proposed to approve BAAQMD’s

Regulation 8, Rule 43 (Rule 8–43),

Surface Coating of Marine Vessels, into

the California SIP. On February 10, 1995

in 60 FR 7931, EPA proposed to approve

the following rules into the California

SIP: BAAQMD’s Regulation 8, Rule 13

(Rule 8–13), Light and Medium Duty

Motor Vehicle Assembly Plants;

Regulation 8, Rule 14 (Rule 8–14),

Surface Coating of Large Appliances and

Metal Furniture; Regulation 8, Rule 23

(Rule 8–23), Coating of Flat Wood

Paneling and Wood Flat Stock; and

Regulation 8, Rule 47 (Rule 8–47), Air

Stripping and Soil Vapor Extraction

Operations. Rules 8–14 and 8–43 were

adopted by BAAQMD on June 1, 1994,

and Rules 8–13, 8–23, and 8–47 were

adopted by BAAQMD on June 15, 1994.

These rules were submitted by the

CARB to EPA on September 28, 1994 in

response to EPA’s 1988 SIP-Call and the

CAA section 182(a)(2)(A) requirement

that nonattainment areas fix their

reasonably available control technology

(RACT) rules for ozone in accordance

with EPA guidance that interpreted the

requirements of the pre-amendment Act.

A detailed discussion of the background

for each of the above rules and

nonattainment areas is provided in the

NPRMs cited above.

EPA has evaluated all of the above

rules for consistency with the

requirements of the CAA and EPA

regulations and EPA interpretation of

these requirements as expressed in the

various EPA policy guidance documents

referenced in the NPRMs cited above.

EPA has found that the rules meet the

applicable EPA requirements. A

detailed discussion of the rule

provisions and evaluations has been

provided in 60 FR 6467 and 60 FR 7931

and in technical support documents
20432 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations

(TSDs) available at EPA’s Region IX

office.

Response to Public Comments

The 30-day public comment periods

were provided in 60 FR 6467 and 60 FR

7931. No comments were received.

EPA Action

EPA is finalizing action to approve

the above rules for inclusion into the

California SIP. EPA is approving the

submittal under section 1109(k)(3) as

meeting the requirements of section

110(a) and Part D of the CAA. This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Regulatory Process

The OMB has exempt this action from

review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 29, 1995.

David P. Howekamp,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(199)(i)(A)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(199) * * *

(i) * * *

(A) * * *

(2) Regulation 8, Rules 14 and 43

adopted on June 1, 1994, and regulation

8, Rules 13, 23, 47 adopted on June 15,

1994.

* * * * *

[FR Doc. 95–10250 Filed 4–25–95; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 180

[PP 2E4071/R2117; FRL–4941–8]

RIN 2070–AB78

Methyl Anthranilate; Exemptions From

the Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of the biochemical

methyl anthranilate in or on the raw

agricultural commodities blueberry,

cherry, and grape when the pesticide is

used in accordance with good

agricultural practices. The Interregional

Research Project No. 4 (IR-4) requested

this exemption in a petition submitted

to EPA.

EFFECTIVE DATE: This regulation

becomes effective April 26, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 2E4017/R2117], may be

submitted to: Hearing Clerk (1900),

Environmental Protection Agency, Rm.

M3708, 401 M St., SW., Washington, DC

20460. A copy of any objections and

hearing requests filed with the Hearing

Clerk should be identified by the

document control number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing request

to: Rm. 1132, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By

mail: Hoyt Jamerson, Registration

Division (7508W), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone

number: Westfield Building North, 6th

Fl., 2800 Crystal Drive, Arlington, VA

22202, (703)-308-8783; e-mail:

Jamerson.Hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 22, 1995

(60 FR 9816), EPA issued a proposed

rule that gave notice that the

Interregional Research Project No. 4 (IR4), New Jersey Agricultural Experiment

Station, P.O. Box 231, Rutgers

University, New Brunswick, NJ 08903,

had submitted pesticide petition (PP)

2E4071 to EPA on behalf of the

Agricultural Experiment Station of

Washington. Pesticide petition 2E4071

requested that the Administrator,

pursuant to section 408(e) of the Federal

Food, Drug and Cosmetic Act (FFDCA),

21 U.S.C. 346a(e), establish exemptions

from the requirement of a tolerance for

residues of the biochemical methyl

anthranilate in or on the raw

agricultural commodities blueberry,

cherry, and grape. Methyl anthranilate

will be applied as a dilute foliar spray

to these crops to repel birds and reduce

bird depredation. Methyl anthranilate is

a natural constituent of food that can be

found in grape and citrus. Methyl

anthranilate is also synthetically

produced and used in the purified form

(not less than 99 percent pure) as a

flavoring agent in beverages, ice cream,

candy, baked goods, gelatins, puddings,

and chewing gum. The synthetic

product mimics the chemical structure

and function of the natural plant

constituent. Methyl anthranilate is

listed by the Food and Drug

Administration (FDA) as a flavoring

compound under 21 CFR 182.60 and is

classified generally recognized as safe

(GRAS) by the Expert Panel of the

Flavor and Extract Manufacturer’s

Association (FEMA). Registrants who

produce end-use products for this active

ingredient that are intended for use on

blueberry, cherry, or grape will be

required to use methyl anthranilate

produced to meet or exceed U.S. Food

Chemical Codex and U.S.

Pharmacopoeia specifications.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

The data submitted relevant to the

proposal and other relevant material

have been evaluated and discussed in

the proposed rule. Based on the data

and information considered, the Agency

concludes that the tolerance exemption

will protect the public health.

Therefore, the tolerance exemption is

established as set forth below.