Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Proposed Rules 24815

showing compliance with the

requirements outlined in the CAA and

in applicable EPA guidance. If a

violation of the O3 NAAQS occurs in

any portion of the Cincinnati area while

the area is designated nonattainment,

the exemption from the NOX RACT and

NOX general conformity requirements of

section 182(f) of the CAA in the

applicable area shall no longer apply.

This action is not a SIP revision and

is not subject to the requirements of

section 110 of the CAA. The authority

to approve or disapprove exemptions

from NOX requirements under section

182 of the CAA was delegated to the

Regional Administrator from the

Administrator in a memo dated July 6,

1994, from Jonathan Cannon, Assistant

Administrator, to the Administrator,

titled, ‘‘Proposed Delegation of

Authority: ‘Exemptions from Nitrogen

Oxide Requirements Under Clean Air

Act section 182(f) and Related

Provisions of the Transportation and

General Conformity Rules’ Decision

Memorandum.’’

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. This rule approves an

exemption from a CAA requirement.

Therefore, I certify that it does not have

a significant impact on any small

entities affected.

Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

Through submission of this state

implementation plan or plan revision,

the State and any affected local or tribal

governments have elected to adopt the

program provided for under Section 182

of the Clean Air Act. These rules may

bind State, local and tribal governments

to perform certain actions and also

require the private sector to perform

certain duties. To the extent that the

rules being proposed for approval by

this action would impose no new

requirements; such sources are already

subject to these regulations under State

law. Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action. EPA has also determined that

this proposed action does not include a

mandate that may result in estimated

costs of $100 million or more to State,

local, or tribal governments in the

aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon

monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental

relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting

and recordkeeping requirements, Sulfur

oxides.

Dated: April 24, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 95–11504 Filed 5–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 185 and 186

[FAP 9H5587/P614; FRL–4950–6]

RIN 2070–AC18

Tralomethrin; Food and Feed Additive

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish

time-limited food and feed additive

regulations for residues of the synthetic

pyrethroid tralomethrin in or on the

processed commodity tomato puree and

the animal feed tomato pomace, wet and

dry. AgrEvo USA Co. (formerly Hoechst

Roussel Agri-Vet Co.) requested these

regulations pursuant to the Federal

Food, Drug and Cosmetic Act (FFDCA)

that would establish the maximum

permissible levels for residues of the

pesticide in or on the processed food

commodity and animal feed.

DATES: Comments, identified by the

document control number [PP 9H5587/

P614], must be received on or before

June 9, 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, Crystal Mall

Building #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202. Information

submitted as a comment concerning this

notice 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.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

[FAP 9H5587/P614]. No CBI should be

submitted through e-mail. Electronic

comments on this proposed rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: George T. LaRocca, Product

Manager (PM) 13, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St. SW., Washington, DC 20460.

Office location and telephone number:

Rm. 200, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)-305-

6100; e-mail:

larocca.george@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: On June

13, 1989, Hoechst-Roussel Agri-Vet Co.

submitted pursuant to section 409 of the

FFDCA, 21 U.S.C. 348, food/feed

additive petition (FAP) 9H5587

proposing to amend 40 CFR 185.5450

and 40 CFR part 186 by establishing

time-limited food/feed additive

regulations to permit residues of the

insecticide tralomethrin, (S)-alphacyano-3-phenoxybenzyl (1R,3S)-2,2-

dimethyl-3-[(RS)1,2,2,2-

tetrabromoethyl]-

cyclopropanecarboxylate, and its

metabolites in or on the processed

commodity tomato puree at 1.00 part

per million (ppm) and the animal feed

tomato pomace, wet and dry, at 1.50

ppm and 4.00 ppm, respectively.

Based on information furnished by

AgrEvo USA Co., an experimental use
24816 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Proposed Rules

permit (EUP) under section 5 of the

Federal Insecticide, Fungicide, and

Rodenticide Act, as amended (86 Stat.

983), will be issued concurrently with

the establishment of this food/feed

additive regulation. The permit

authorizes the use of 33 gallons of

tralomethrin for 1 year in California,

Florida, Georgia, New Jersey, Maryland,

Ohio, Pennsylvania, and Texas for the

evaluation of insect control on tomatoes.

Also, a pesticide petition, 9G3774, has

been submitted pursuant to section

408(d) of the FFDCA to amend 40 CFR

180.422 to establish temporary

tolerances which allow a maximum

permissible level for residues of

tralomethrin in or on certain raw

agricultural commodities (RAC’s):

tomato at 0.20 ppm; fat, meat, and meat

byproducts of cattle, goats, hogs, horses,

sheep at 0.10 ppm, 0.01 ppm, and 0.01

ppm, respectively; and milk at 0.02

ppm. The raw agricultural commodities

(RAC’s) regulation will be established

concurrently with the food/feed

additive regulation.

The data submitted in support of

these tolerances and other relevant

material have been evaluated. The

toxicological and metabolism data and

analytical methods for enforcement

purposes considered in support of these

tolerances are discussed in detail in

related documents published in the

Federal Register of September 18, 1985

(50 FR 37581). In addition, mutagenicity

studies were submitted and considered

in support of these tolerances. Based on

the studies submitted (an unscheduled

DNA synthesis study in rat primary

hepatocytes and a chromosome

aberration study in Chinese hamster

ovary cells), tralomethrin is not

considered mutagenic.

A dietary exposure/risk assessment

was performed for tralomethrin using a

Reference Dose (RfD) of 0.0075 mg/kg

bwt/day, based on a no-observed-effect

level (NOEL) of 0.75 mg/kg bwt/day and

an uncertainty factor of 100. The NOEL

was determined in a 2-year rat feeding

study. The end-point effect of concern

was decreased body weight. The

Theoretical Maximum Residue

Contribution (TMRC) from established

tolerances utilizes less than 1% of the

RfD for the U.S. population or 18% of

the RfD if the new tolerances are

granted. Established tolerances utilize

1% of the RfD for nonnursing infants

less than 1-year old or 26% of the RfD

if the new tolerances are granted.

Established tolerances utilize less than

1% of the RfD for children (age 1 to 6

years), the subgroup with the highest

estimated exposure to tralomethrin

residues or 39% of the RfD if the new

tolerances are granted. Generally

speaking, EPA has no cause for concern

if total residue contribution for

published and proposed tolerances is

less than the RfD.

The nature of the residue in tomatoes

and ruminants is adequately understood

for the establishment of a time-limited

tolerance. An adequate analytical

method, gas-liquid chromatography, is

available for enforcement purposes. The

enforcement methodology has been

submitted to the Food and Drug

Administration for publication in the

Pesticide Analytical Manual, Vol. II

(PAM II). Because of the long lead time

for publication of the method in PAM II,

the analytical methodology is being

made available in the interim to anyone

interested in pesticide enforcement

when requested from: Calvin Furlow,

Public Response and Program Resources

Branch, Field Operations Divisions

(7506C), Office of Pesticide Programs,

Environmental Protection Agency 401

M St., Washington, DC 20460. Office

location and telephone number: Rm.

1132, CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)-305-5232.

There are currently no actions

pending against the continued

registration of this chemical.

Based on the information and data

considered, the Agency has determined

that the time-limited tolerances

established by amending 40 CFR parts

185 and 186 would protect the public

health. Therefore, it is proposed that the

tolerances be established as set forth

below.

Any person who has registered or

submitted an application for registration

of a pesticide, under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, which

contains any of the ingredients listed

herein, may request within 30 days after

publication of this notice in the Federal

Register that this rulemaking proposal

be referred to an Advisory Committee in

accordance with section 409 of the

FFDCA.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the document

control number, PP 9H5587/P614. All

written comments filed in response to

this petition will be available in the

Public Response and Program Resources

Branch, at the address given above from

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

Friday, except legal holidays.

A record has been established for this

rulemaking under docket number [FAP

9H5587/P614] (including comments and

data submitted electronically). 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 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Rm. 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

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.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in the ADDRESSES section above in this

document.

Under Executive Order 12866 (58 FR

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

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

all the requirements of the Executive

Order (i.e., Regulatory Impact Analysis,

review by the Office of Management and

Budget (OMB)). Under section 3(f), the

order defines ‘‘significant’’ as those

actions likely to lead to 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, the environment, public health or

safety, or State, local or tribal

governments or communities (also

known 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 (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 this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Proposed Rules 24817

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Parts 185 and

186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Food additives, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 28, 1995.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, it is proposed that 40 CFR

parts 185 and 186 be amended as

follows:

PART 185—[AMENDED]

1. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. By revising § 185.5450, to read as

follows:

§ 185.5450 Tralomethrin.

(a) A time-limited food additive

regulation is established for the

combined residues of the insecticide

tralomethrin ((S)-alpha-cyano-3-

phenoxybenzyl-(1R,3S)-2,2-dimethyl-3-

[(RS)-1,2,2,2-tetrabromoethyl]-

cyclopropanecarboxylate; CAS Reg. No.

66841-25-6) and its metabolites (S)-

alpha-cyano-3-phenoxybenzyl (1R,3R)-

3-(2,2-dibromovinyl)-2,2-

dimethylcyclopropanecarboxylate and

(S)-alpha-cyano-3-

phenoxybenzyl(1S,3R)-3-(2,2-

dibromovinly)-2,2-

dimethylcyclopropanecarboxylate

calculated as the parent in or on the

following food commodities when

present as a result of application of the

insecticide to the growing crops:

Commodity Parts per

million

Expiration

date

Cottonseed oil ... 0.20 Nov. 15,

1997.

(b) A time-limited food additive

regulation is established permitting

residues of the pesticide tralomethrin

((S)-alpha-cyano-3-phenoxybenzyl-

(1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-

tetrabromoethyl]-

cyclopropanecarboxylate; CAS Reg. No.

66841-25-6) and its metabolites (S)-

alpha-cyano-3-phenoxybenzyl (1R,3R)-

3-(2,2-dibromovinyl)-2,2-

dimethylcyclopropanecarboxylate and

(S)-alpha-cyano-3-

phenoxybenzyl(1S,3R)-3-(2,2-

dibromovinly)-2,2-

dimethylcyclopropanecarboxylate

calculated as the parent in or on the

following food commodity resulting

from application of the insecticide to

tomatoes in accordance with an

experimental program (34147-EUP-2).

The conditions set forth in this section

shall be met.

Commodity

Parts

per million

Expiration

date

Tomato puree ....... 1.00 June 1,

1997.

(1) Residues in the food not in excess

of the established tolerance resulting

from the use described in paragraph (b)

of this section remaining after

expiration of the experimental program

will not be considered to be actionable

if the insecticide is applied during the

term of and in accordance with the

provisions of the experimental use

program and feed additive regulation.

(2) The company concerned shall

immediately notify the Environmental

Protection Agency of any findings from

the experimental use that have a bearing

on safety. The firm shall also keep

records of production, distribution, and

performance, and on request make the

records available to any authorized

officer or employee of the

Environmental Protection Agency or the

Food and Drug Administration.

PART 186—[AMENDED]

1. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

2. By adding new § 186.5450, to read

as follows:

§ 186.5450 Tralomethrin.

(a) A time-limited feed additive

regulation is established permitting

residues of tralomethrin ((S)-alphacyano-3-phenoxybenzyl-(1R,3S)-2,2-

dimethyl-3-[(RS)-1,2,2,2-

tetrabromoethyl]-

cyclopropanecarboxylate; CAS Reg. No.

66841-25-6) and its metabolites (S)-

alpha-cyano-3-phenoxybenzyl (1R,3R)-

3-(2,2-dibromovinyl)-2,2-

dimethylcyclopropanecarboxylate and

(S)-alpha-cyano-3-

phenoxybenzyl(1S,3R)-3-(2,2-

dibromovinly)-2,2-

dimethylcyclopropanecarboxylate

calculated as the parent in or on the

following feed resulting from

application of the insecticide to

tomatoes in accordance with an

experimental program (34147-EUP-2).

The conditions set forth in this section

shall be met.

Feed

Parts

per million

Expiration

date

Tomato pomace,

wet.

1.50 June 1,

1997.

Tomato pomace,

dry.

4.00 June 1,

1997.

(b) Residues in the feed not in excess

of the established tolerance resulting

from the use described in paragraph (a)

of this section remaining after

expiration of the experimental program

will not be considered to be actionable

if the insecticide is applied during the

term of and in accordance with the

provisions of the experimental use

program and feed additive regulation.

(c) The company concerned shall

immediately notify the Environmental

Protection Agency of any findings from

the experimental use that have a bearing

on safety. The firm shall also keep

records of production, distribution, and

performance, and on request make the

records available to any authorized

officer or employee of the

Environmental Protection Agency or the

Food and Drug Administration.

[FR Doc. 95–11386 Filed 5–9–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket No. 95–41; FCC 95–146]

Fixed Satellite Systems

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Commission is hereby

proposing rules that would eliminate

the distinction between our Transborder

Policy and Separate International

Satellite Systems (Separate Systems)

Policy and to treat all U.S.-licensed

geostationary fixed-satellites under a

single regulatory scheme. Our action is

in response to applications from