7508 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules

(f) Artifacts.

§ 1400.5 Requirement that assassination

records be released in their entirety.

An assassination record shall be

disclosed in its entirety except for

portions specifically postponed

pursuant to the grounds for

postponement of public disclosure of

records established in section 6 of the

ARCA, and no portions of any

assassination records shall be withheld

from public disclosure solely on

grounds of non-relevance.

§ 1400.6 Originals and copies.

(a) For purposes of determining

whether originals or copies of

assassination records may be made part

of the President John F. Kennedy

Assassination Records Collection (the

JFK Records Collection) to be

established under the ARCA:

(1) In the case of papers, maps, and

other documentary material, the

Assassination Records Review Board

(the Board) may determine that a true

and accurate copy of the original is

sufficient;

(2) In the case of photographs, the

term record means the original negative

if available, otherwise, the earliest

generation print;

(3) In the case of motion pictures, the

term record means the camera original

if available, otherwise, the earliest

generation print;

(4) In the case of sound and video

recordings, the term record means the

original recording, if available,

otherwise, the earliest generation copy;

(5) In the case of machine-readable

information, the Board may determine

that a true and accurate copy of the

original is sufficient; and

(6) Artifacts means the original object

itself.

(b) In cases where a copy, as defined

in paragraph (a) of this section is

authorized by the Board to be included

in the JFK Records Collection the Board

may, at its discretion, require a certified

copy. In cases where an original, as

defined in paragraph (a) of this section,

is required for inclusion in the JFK

Records Collection the Board may, at its

discretion, accept the best available

copy.

§ 1400.7 Additional guidance.

(a) A government agency, office, or

entity includes, for purposes of

interpreting and implementing the

ARCA, all departments, agencies,

offices, divisions, foreign offices,

bureaus, and deliberative bodies of any

federal, state, or local government and

includes all inter- or intra-agency

working groups, committees, and

meetings that possess or created records

relating to the assassination of President

John F. Kennedy.

(b) The inclusion of artifacts in the

scope of the term assassination record is

understood to apply solely for purposes

of establishing the President John F.

Kennedy Assassination Records

Collection and for fully implementing

the terms of the ARCA and has no direct

or indirect bearing on the interpretation

or implementation of any other statute

or regulation.

(c) In the case of artifacts deemed to

be assassination records and included in

the John F. Kennedy Assassination

Records Collection, provision to the

public of photographs, drawings, or

similar materials depicting the artifacts

shall be sufficient to comply with the

ARCA’s requirement that copies of

assassination records be provided to the

public upon request. Other display to or

examination by the public of artifacts in

the John F. Kennedy Assassination

Records Collection shall occur under

terms and conditions established by the

National Archives and Records

Administration that are adequate to

preserve and protect the artifacts for

posterity.

(d) The terms and, or, any, all, and the

plural and singular forms of nouns shall

be understood in their broadcast and

most inclusive sense and shall not be

understood to be terms of limitation.

Any records identified with respect to a

particular person also includes any

records for that person by any other

name, pseudonym, codeword, symbol,

number, cryptonym or alias. Any record

described with respect to an operation

or program includes any record

pertaining to that program by any other

name, pseudonym, codeword, symbol,

number or cryptonym.

§ 1400.8 Implementing the ARCA—Catalog

of Assassination Records.

(a) A Catalog of Assassination Records

(COAR) shall be created as the official

listing of all records determined by the

Board to meet the definition of

assassination record.

(b) Notice of all decisions to include

records in the COAR will be published

in the Federal Register within 30 days

of the decision.

(c) In listing records or groups of

records in the COAR, the Board must

determine that the record or group of

records will more likely than not

enhance, enrich, and broaden the

historical record of the assassination.

Dated: February 3, 1995.

David G. Marwell,

Executive Director, Assassination Records

Review Board.

[FR Doc. 95–3112 Filed 2–7–95; 8:45 am]

BILLING CODE 6820–TD–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51 and 93

[FRL–5149–9]

Transportation Conformity Rule

Amendments: Transition to the Control

Strategy Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to

permanently align the timing of certain

transportation conformity consequences

with the imposition of Clean Air Act

highway sanctions. For ozone

nonattainment areas with an incomplete

15% emissions-reduction state

implementation plan with a protective

finding; incomplete ozone attainment/

3% rate-of-progress plan; or finding of

failure to submit an ozone attainment/

3% rate-of-progress plan, and areas

whose control strategy implementation

plan for ozone, carbon monoxide,

particulate matter, or nitrogen dioxide is

disapproved with a protective finding,

the conformity status of the

transportation plan and program would

not lapse as a result of such failure until

highway sanctions for such failure are

effective under other Clean Air Act

sections.

This action would delay the lapse in

conformity status, which would

otherwise prevent approval of new

highway and transit projects, and allow

States more time to prevent the lapse by

submitting complete ozone

implementation plans.

EPA has published in the final rule

section of this Federal Register a similar

interim final rule which takes effect

immediately and applies for six months.

This proposal would apply the

provisions of the interim final rule

permanently.

DATES: Comments on this action must be

received by March 10, 1995. A public

hearing will be held at 10:30 a.m. on

February 22, 1995 in Washington, DC.

ADDRESSES: Interested parties may

submit written comments (in duplicate,

if possible) to: Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency,

Attention: Docket No. A–95–02, 401 M

Street, SW., Washington, DC 20460.
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules 7509

A public hearing will be held at the

Ramada Inn, 10 Thomas Circle NW,

Washington DC.

Materials relevant to this proposal

have been placed in Air and Radiation

Docket A–95–02 by EPA. The docket is

located at the above address in room M–

1500 Waterside Mall (ground floor) and

may be inspected from 8 a.m. to 4 p.m.,

Monday through Friday, including all

non-government holidays.

FOR FURTHER INFORMATION CONTACT:

Kathryn Sargeant, Emission Control

Strategies Branch, Emission Planning

and Strategies Division, U.S.

Environmental Protection Agency, 2565

Plymouth Road, Ann Arbor, MI 48105.

(313) 668–4441.

SUPPLEMENTARY INFORMATION: The terms

and substance of the rule changes

proposed in this document, and a

description of the subjects and issues

involved, are included in the document

announcing the interim final rule

published in the Final Rules Section of

this Federal Register. This proposal is

identical in substance to the interim

final rule, except that the proposal

would not limit the application of the

proposed rule changes to a six-month

period.

Dated: January 31, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95–3002 Filed 2–7–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 5F4427/P606; FRL–4936–6]

RIN 2070–AC18

Pesticide Tolerance for Chlorpyrifos

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish a

time-limited tolerance for residues of

the insecticide chlorpyrifos [O,O-diethyl

O-(3,5,6-trichloro-2-pyridyl)

phosphorothioate] in or on the raw

agricultural commodities oats and

barley when blended together in a

mixture containing 97% oats and 3%

barley. The proposal to establish

maximum permissible levels for

residues of the insecticide was

requested in a petition submitted by

General Mills.

DATES: Comments, identified by the

document control number, [PP 5F4427/

P606], must be received on or before

March 10, 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

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.

FOR FURTHER INFORMATION CONTACT: By

mail: Dennis H. Edwards, Jr., Product

Manager (PM) 19, Registration Division

(7505C), Environmental Protection

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

DC 20460. Office location and telephone

number: Rm. 207, CM #2, 1921 Jefferson

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

305-6386.

SUPPLEMENTARY INFORMATION: EPA

issued a notice, published in the

Federal Register of November 21, 1994

(59 FR 60013), which announced that

General Mills had submitted pesticide

petition (PP) 5F4427 to EPA requesting

that the Administrator, pursuant to

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

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

346a, amend 40 CFR 180.342 by

establishing a tolerance for residues of

the insecticide chlorpyrifos in or on the

raw agricultural commodity oats at 15

ppm, provided that such tolerance

applies only to oats that were treated

post-harvest with chlorpyrifos on or

before June 15, 1994; that such tolerance

applies only to oats to be used as animal

feed or as a constituent of animal feed;

that, notwithstanding any other

provision of law or regulation, this

tolerance does not authorize the

presence of residues of chlorpyrifos in

any human food item made from such

treated oats, other than residues

resulting from the use of the oats for

animal feed purposes; and that such

tolerance expires on December 31, 1996.

Chlorpyrifos is registered under the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA) for application

to many growing crops; associated

tolerance regulations have been

established under the FFDCA. It is not,

however, registered for use on oats or

for treatment of stored grain. A pest

control operator under contract to

General Mills improperly treated stored

oats and fraudulently claimed to have

used a different pesticide, chlorpyrifosmethyl, that is registered for use on

stored grains such as oats. The illegal

residues were discovered by a routine

FDA inspection. Processed food

products manufactured from improperly

treated oats were determined by the

Agency not to be a human health hazard

and those that had entered commerce

were not recalled. Processed products

that had not yet entered commerce were

retained by General Mills and

subsequently destroyed. Approximately

18 million bushels of stored unmilled

oats treated with chlorpyrifos are at

present controlled by General Mills or

its customers. Although the Agency has

determined that the use of the stored

oats for the production of food does not

constitute a human health hazard, no

approval has been sought by General

Mills to use the treated oats for human

food purposes.

Chlorpyrifos is registered for use on

other crops that are used for livestock or

poultry feed purposes. General Mills has

submitted data to demonstrate that the

use of treated oats for livestock or

poultry feed will not yield residues in

meat, milk, or eggs that exceed existing

tolerances for chlorpyrifos in these

commodities. To ensure that the oats

will be unacceptable for human food

production, General Mills has stated

that they will be blended to include not

less than 3% barley and 97% oats.

Accordingly, the definition of the raw

agricultural commodity in the petition

has been amended to ‘‘oats and barley

when blended together in a mixture

containing 97% oats and 3% barley.’’

There were no comments or requests

for a referral to an advisory committee

received in response to the notice of

filing.

The data submitted in the petition

and other relevant material have been

evaluated. Toxicological data

considered in support of the proposed

tolerance include:

1. A 2-year dog feeding study with a

no-observed-effect-level (NOEL) for

systemic effects of 1.0 milligram (mg)/

kilogram (kg)/day and lowest-effectlevel (LEL) (increased liver weight) of

3.0 mg/kg/day. The NOELs for

cholinesterase (ChE) inhibition were as

follows: 0.01 mg/kg/day for plasma, 0.1

mg/kg/day for red blood cells, and 1.0

mg/kg/day for brain cells. Levels tested

were 0, 0.01, 0.03, 0.1, 1.0, and 3 mg/

kg/day.