Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3611

tumor response associated with

imazalil. Closely related compounds

with the chlorinated benzene moiety,

e.g., etaconazole, cyproconazole,

tebuconazole, induced hepatocellular

adenomas, and malignant carcinomas in

both sexes of several strains of mice.

The mutagenicity data for imazalil did

not indicate genotoxic activity;

however, a data gap was identified and

additional testing is required.

B. Proposed Food Additive Revocations

Acephate. EPA is proposing to revoke

the food additive regulation of 0.02 ppm

for the combined residues of acephate

(O,S-dimethyl

acetylphosphoramidothioate) and its

cholinesterase-inhibiting metabolite,

methamidophos, set to cover use of the

pesticide in food-handling

establishments. This food additive

regulation is codified at 40 CFR185.100.

EPA is proposing to revoke this food

additive regulation because the Agency

has determined that acephate induces

cancer in animals. Thus, the regulation

violates the Delaney clause in section

409 of the FFDCA.

Triadimefon. EPA is proposing to

revoke the food additive regulations for

triadimefon (1-(4-chlorophenoxy)-3,3-

dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-

butanone) and its metabolite beta-(4-

chlorophenoxy)-alpha-(1,1-

dimethylethyl)-1H-1,2,4triazole-1-

ethanol set to cover residues in or on

milled fractions of barley (except flour)

and milled fractions of wheat (except

flour). The food additive regulations,

which are codified at 40 CFR 185.800,

are set at 4 ppm. EPA is proposing to

revoke these food additive regulations

because the Agency has determined that

triadimefon induces cancer in animals.

Thus, the regulations violate the

Delaney clause in section 409 of the

FFDCA.

Iprodione. EPA is proposing to revoke

the food additive regulations for

iprodione [3-(3,5-dichlorophenyl)-N-(1-

methylethyl)-2,4-dioxo-1-

imidazolidinecarboxamide], its isomer

[3-(1-methyl-ethyl)-N-(3,5-

dichlorophenyl)-2,4-dioxo-1-

imidazolidinecarboxamide], and its

metabolite [3-(3,5-dichlorophenyl)-2,4-

dioxo-1-imidazolidinecarboxamide] set

to cover residues in dried ginseng at 4

ppm and raisins at 300 ppm. The food

additive regulations for iprodione are

codified at 40 CFR 185.3750. EPA is

proposing to revoke these food additive

regulations because the Agency has

determined that iprodione induces

cancer in animals. Thus, the regulation

violates the Delaney clause in section

409 of the FFDCA.

Imazalil. EPA is proposing to revoke

the food additive regulation for imazalil

set to cover residues of the fungicide

imazalil 1-[2-(2,4-dichlorophenyl)-2-(2-

propenyloxy)ethyl]-1H-imidazole and

its metabolite 1-(2,4-dichlorophenyl)-2-

(1H-imidazole-1-yl)-1-ethanol in citrus

oil at a level of 25 ppm. This food

additive regulation is codified at 40 CFR

185.3650. EPA is proposing to revoke

this food additive regulation because the

Agency has determined that imazalil

induces cancer in animals, and thus

violates the Delaney clause in section

409 of the FFDCA.

III. Consideration of Comments

Any interested person may submit

comments on this proposed action on or

before April 18, 1995 at the address

given in the section above entitled

‘‘ADDRESSES.’’ Before issuing final

actions, EPA will consider all relevant

comments. Comments should be limited

only to the pesticides and food additive

regulations subject to this proposed

notice. After consideration of

comments, EPA will issue a final order

determining whether revocation of the

regulations is appropriate and making a

final finding on whether these

pesticides induce cancer within the

meaning of the Delaney clause. Such

order will be subject to objections

pursuant to section 409(f) (21 U.S.C.

348(f)). Failure to file an objection

within the appointed period will

constitute waiver of the right to raise

issues resolved in the order in future

proceedings.

IV. Executive Order 12866

Since this proposed action is being

taken under the Delaney clause, which

requires the Agency to act without

considering the costs or benefits of the

action, the Agency has not completed an

evaluation of the economic impacts of

this particular action. Nevertheless,

pursuant to an agreement between EPA

and OMB, this action was submitted to

OMB for an informal 10-day review. As

required by the Executive Order, any

comments or changes made in response

to OMB suggestions or

recommendations have been

documented in the public record. In

addition, the Agency welcomes any

comments and information regarding

the impacts of this proposed action.

These could contribute to an analysis of

the impacts of similar future actions.

V. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

(Pub. L. 96-354; 94 Stat. 1164, 5 U.S.C.

601 et seq.) requires EPA to analyze

regulatory options to assess the

economic impact on small businesses,

small governments, and small

organizations. As explained above, the

Agency is compelled to take this action

without regard to the economic impacts.

Again, EPA welcomes any information

on impacts to small businesses,

governments, and organizations.

VI. Paperwork Reduction Act

This order does not contain any

information collection requirements

subject to review by Office of

Management and Budget under the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 185

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Food

additives, Pesticides and pests,

Recording and recordkeeping

requirements.

Dated: January 10, 1995.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Therefore, it is proposed that 40 CFR

part 185 be amended as follows:

PART 185—[AMENDED]

1. The authority citation for part 185

continues to read as follows:

Authority: 2l U.S.C. 346a and 348.

§ 185.100 [Removed]

2. By removing § 185.100.

§ 185.800 [Removed]

3. By removing § 185.800.

§ 185.3650 [Removed]

4. By removing § 185.3650.

§ 185.3750 [Removed]

5. By removing § 185.3750

[FR Doc. 95–1062 Filed 1–17–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300375; FRL–4926–6]

RIN 2070–AC18

Oryzalin; Revocation of Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to revoke

tolerances for residues of the herbicide

oryzalin in or on various raw

agricultural commodities. EPA is taking

this action because registered uses of

oryzalin for cottonseed, barley grain,
3612 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules

wheat grain, succulent peas, potatoes,

and soybeans have been canceled.

DATES: Written comments, identified by

the document control number [OPP–

300375], must be received on or before

March 20, 1995.

ADDRESSES: By mail, submit written

comments 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

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

Jefferson Davis Hwy., Arlington, VA.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(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

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Melissa L. Chun, Registration

Support Branch (7505W), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St. SW.,

Washington, DC 20460. Office location

and telephone number: 6th Floor,

Westfield Building, 2800 Crystal Drive,

Arlington, VA, 703–308–8318.

SUPPLEMENTARY INFORMATION: This

document proposes to revoke tolerances

in 40 CFR 180.304 established under

section 408 of the Federal Food, Drug,

and Cosmetic Act (FFDCA), 21 U.S.C.

346a, for residues of the herbicide

oryzalin (3,5-dinitro-N4,N4-

dipropylsulfanilamide) in or on the

following raw agricultural commodities:

cottonseed, barley grain, wheat grain,

succulent peas, potatoes, and soybeans.

On October 10, 1989, product

registrations under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) for certain pesticide

products containing the herbicide

oryzalin were canceled. Based on the

fact that oryzalin is no longer

domestically registered for use on any of

the above-named commodities, and a

tolerance is generally not necessary for

a pesticide chemical which is not

registered for the particular food use,

EPA now proposes to revoke the

appropriate tolerances listed in 40 CFR

180.304 for residues of oryzalin. These

tolerances were obtained in conjunction

with the FIFRA registrations.

Because the product registrations

have been canceled for more than 5

years, existing stocks of those products

should be depleted, and sufficient time

has elapsed for the residues to dissipate.

Residues should not appear in any

domestically produced commodities;

therefore, the Agency is not

recommending action levels in place of

the tolerances.

EPA has no current information to

suggest that oryzalin is used on food

commodities imported to the U.S;

therefore, EPA requests that interested

persons submit information pertaining

to whether these products are used in

foreign countries and may be present in

commodities grown in those countries

and imported to the U.S.

Within 30 days after publication of

this document in the Federal Register,

any person who has registered or

submitted an application for registration

of a pesticide under the Federal

Insecticide, Fungicide, and Rodenticide

Act, as amended, which contains

oryzalin may request that this

rulemaking proposal to revoke the

tolerances be referred to an Advisory

Committee in accordance with section

408(e) of the Federal Food, Drug, and

Cosmetic Act.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the document

control number, [OPP–300375]. All

written comments filed in response to

this notice will be available for public

inspection in Rm. 1132 at the address

given above from 8 a.m. and 4 p.m.,

Monday through Friday, except legal

holidays.

Executive Order 12866

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in a rule (1) having an

annual effect on the economy of § 100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, and the environment, public health

or safety, of State, local, or tribal

governments or communities (also

referred to as ‘‘economically

significant’’); (2) creating serious

inconsistency or otherwise interfering

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) raising novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of the Executive

Order, EPA has determined that this

rule is not ‘‘significant’’ and is therefore

not subject to OMB review.

Regulatory Flexibility Act

The proposed regulatory action has

been reviewed under the Regulatory

Flexibility Act of 1980 (Pub. L. 96–354,

94 Stat. 1164; 5 U.S.C. 601 et seq.), and

it has been determined that it will not

have a significant economic impact on

a substantial number of small

businesses, small governments, or small

organizations.

This regulatory action is intended to

prevent the sale of food commodities

containing pesticide residues where the

subject pesticide has been used in an

unregistered or illegal manner.

Since all registrations for use of

oryzalin on food crops have been

canceled for more than 5 years, EPA

expects that no economic impact would

occur at any level of business

enterprises if these tolerances are

revoked.

Accordingly, I certify that this

proposed regulatory action does not

require a separate regulatory flexibility

analysis under the Regulatory

Flexibility Act.

List of Subjects in 40 CFR Part 180

Administrative practice and

procedure, Agricultural commodities,

Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: January 9, 1995.

Stephen L. Johnson,

Acting Director, Office of Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C 346a and 371.

2. In § 180.304, by amending

paragraph (a) by revising the table

therein, to read as follows:

§ 180.304 Oryzalin; tolerances for

residues.

(a) * * *
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3613

Commodity Parts per

million

Almonds, hulls .......................... 0.05

Avocados .................................. 0.05

Citrus fruits ................................ 0.05

Figs ........................................... 0.05

Kiwifruits .................................... 0.05

Nuts ........................................... 0.05

Olives ........................................ 0.05

Pistachios .................................. 0.05

Pome fruits ................................ 0.05

Pomegranates ........................... 0.05

Small fruits ................................ 0.05

Stone fruits ................................ 0.05

* * * * *

[FR Doc. 95–1187 Filed 1–17–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95-1, RM–8527]

Radio Broadcasting Services;

Hamilton, Montana

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by

Benedict Communicatins, Inc.

proposing the allotment of Channel

251C3 to Hamilton, Montana, as that

community’s second FM broadcast

service. The coordinates for Channel

251C3 are 46–14–36 and 114–09–30.

Canadian concurrence will be requested

for this allotment.

DATES: Comments must be filed on or

before March 6, 1995, and reply

comments on or before March 21, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner’s counsel, as follows: James R.

Bayes, Jerry V. Haines, Wiley, Rein &

Fielding, 1776 K Street, NW,

Washington, D. C. 20006.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 634–6530.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95-1, adopted January 4, 1995, and

released January 12, 1995. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW, Washington,

D.C. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 2100 M Street, NW, Suite 140,

Washington, D.C. 20037, (202) 857–

3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–1156 Filed 1–17–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95-2; RM–8502]

Radio Broadcasting Services;

Charlotte Amalie, Virgin Islands

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Virgin

Islands Youth Development Radio, Inc.,

proposing the allotment of Channel

275A at Charlotte Amalie, Virgin

Islands, and its reservation for

noncommercial educational use.

Channel 275A can be allotted to

Charlotte Amalie in compliance with

the Commission’s minimum distance

separation requirements with the

imposition of a site restriction of 10.6

kilometers (6.6 miles) northwest. The

coordinates for Channel 275A at

Charlotte Amalie are North Latitude 18–

21–20 and West Longitude 64–01–45.

DATES: Comments must be filed on or

before March 6, 1995, and reply

comments on or before March 21, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Leo Morone, President,

Virgin Islands Youth Development

Radio, Inc., P.O. Box 2477, St. Thomas,

Virgin Islands 00803 (Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 634–6530.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95-2, adopted January 4, 1995, and

released January 12, 1995. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, NW, Suite 140,

Washington, D.C. 20037.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–1157 Filed 1–17–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Notice of 90-day Finding

on the Petition To List the Sturgeon

Chub and Sicklefin Chub as

Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 90-day petition

finding.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces a 90-day

finding for a petition to list the sturgeon