Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices 64163

Docket

No.1 Transporter/seller Recipient Date filed Part 286subpart

Est. max.

daily quantity 2

AFF.

Y/A/N 3

Rate

sch.

Date commenced

Projected

termination

date

ST96–194 . U–T Offshore System.Noble Gas Marketing, Inc.11–9–95 K–S 40,000 N I 10–1–95 INDEF.

1 Notice of transaction does not constitute a determination that filings comply with commission regulations in accordance with order No. 436

(final rule and notice requesting supplemental comments, 50 FR 42,372, 10/10/85). 2Estimated maximum daily volumes includes volumes reported by the filing company in MMBTU, MCF and DT.

3Affiliation of reporting company to entities involved in the transaction. A ‘‘Y’’ indicates affiliation, an ‘‘A’’ indicates marketing affiliation, and a

‘‘N’’ indicates no affiliation.

[FR Doc. 95–30428 Filed 12–13–95; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–300404; FRL–4986–5]

Benomyl, Propargite, ThiophanateMethyl, and Triadimefon; Request for

Comment on Petitions to Revoke

Certain Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; Receipt and Availability

of Petitions.

SUMMARY: This document announces the

receipt of and solicits comments on

three petitions. A petition filed by the

International Apple Institute requests

revocation of four section 409 feed

additive regulations (FARs) established

under the Federal Food, Drug and

Cosmetic Act (FFDCA) for residues of

benomyl, propargite, thiophanatemethyl, and triadimefon in dried apple

pomace. A petition filed by Janssen

Pharmaceutica requests revocation of

the food additive regulation for residues

of imazalil in citrus oil. A petition filed

by the Mancozeb Task Force requests

revocation of the FARs for residues of

mancozeb in or on milled feed fractions

of barley, oats, rye, and wheat. This

notice sets forth the basis for the

petitioners’ proposals and provides

opportunity for public comment.

DATES: Written comments, identified by

the document control number [OPP300304], must be received on or before

January 16, 1996.

ADDRESSES: By mail, requests for copies

of the petition and comments should be

forwarded to Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, 401 M St., SW.,

Washington, DC 20460. Copies of the

petition will be available for public

inspection from 8 a.m. to 4:30 p.m.,

Monday through Friday, except legal

holidays in: Information Services

Branch, Program Management and

Support Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Rm. 1132, Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, 703-305-5805.

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 at the address and hours

given above.

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

[OPP-300404]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic comments on

this notice may be filed online at many

Federal Depository Libraries. Additional

information on electronic submissions

can be found in [OPP-300304] of this

document.

FOR FURTHER INFORMATION CONTACT: By

mail: Niloufar Nazmi, Special Review

and Reregistration Division (7508W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. WF32C5, Crystal Station #1, 2800

Crystal Drive, Arlington, VA.

Telephone: 703-308-8028; e-mail:

nazmi.niloufar@epamail.epa.gov.

I. Introduction

Statutory Framework

The Federal Food, Drug and Cosmetic

Act (FFDCA) (21 U.S.C. 136 et seq.)

authorizes the establishment of

tolerances and exemptions from

tolerances for the residues of pesticides

in or on raw agricultural commodities

(RACs), and section 409 of the Act

authorizes promulgation of food

additive regulations for pesticide

residues in processed foods.

Under section 408 of the FFDCA, EPA

establishes tolerances, or exemptions

from tolerances when appropriate, for

pesticide residues in raw agricultural

commodities. Food/feed additive

regulations (FARs) setting maximum

permissible levels of pesticide residues

in processed foods are established under

section 409. Section 409 FARs are

required, however, only for certain

pesticide residues in processed food.

Under section 402(a)(2) of the FFDCA,

no section 409 food additive regulation

is required if any pesticide residue in a

processed food resulting from use on an

RAC has been removed to the extent

possible by good manufacturing

practices and is below the tolerance for

that pesticide in or on that RAC. This

exemption in section 402(a)(2) is

commonly referred to as the ‘‘flowthrough’’ provision because it allows the

section 408 raw food tolerance to flow

through to processed food. Thus, a

section 409 food additive regulation is

only necessary to prevent foods from

being deemed adulterated when despite

the use of good manufacturing practices

the concentration of the pesticide

residue in a processed food is greater

than the tolerance prescribed for the raw

agricultural commodity, or if the

processed food itself is treated or comes

in contact with a pesticide. Monitoring

and enforcement are carried out by the

Federal Food and Drug Administration

(FDA) and the U.S. Department of

Agriculture (USDA).

The establishment of a food additive

regulation under section 409 requires a

finding that use of the pesticide will be

‘‘safe’’ (21 U.S.C. 348(C)(3)). Section 409

also contains the Delaney clause, which

specifically provides that, with limited
64164 Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices

exceptions, no additive may be

approved if it has been found to induce

cancer in man or animals (21 U.S.C.

348(C)(5)).

In setting both section 408 tolerances

and section 409 FARs, EPA reviews

residue chemistry and toxicology data.

To be acceptable, tolerances and FARs

must be both high enough to cover

residues likely to be left when the

pesticide is used in accordance with its

labeling, and low enough to protect the

public health. With respect to section

408 tolerances, EPA determines the

highest levels of residues that might be

present in an RAC based on controlled

field trials conducted under the

conditions allowed by the product’s

labeling that are expected to yield

maximum residues. Generally, EPA’s

policy concerning whether a section 409

FAR is needed depends on whether

there is a possibility that the processing

of an RAC containing pesticide residues

would result in residues in the

processed food at a level greater than

the raw food tolerance. EPA makes these

determinations based on processing

studies.

II. International Apple Institute Petition

The International Apple Institute (IAI)

has submitted a petition requesting the

revocation of the FAR established under

section 409 of the FFDCA for residues

of benomyl, propargite, thiophanatemethyl, and triadimefon in dried apple

pomace. The FARs for residues of

benomyl, propargite, thiophanatemethyl, and triadimefon in dried apple

pomace are codified in 40 CFR 186.350,

186.5000, 186.5700, and 186.800,

respectively.

Background

EPA requires processing data and sets

tolerances and FARs only on animal

feeds that are consumed in significant

amounts in the United States. Table II

of the Pesticide Assessment Guidelines,

Subdivision O, Residue Chemistry,

provides a listing of all significant food

and feed commodities, both raw and

processed, for which residue data are

collected and tolerances or FARs are

established. On September 21, 1995,

EPA announced the availability of the

updated Table II and modified its

guidelines regarding which raw

commodities and processing byproducts

EPA will consider as animal feeds

requiring FARs (60 FR 49150). The

general cutoff point used by EPA in

deciding which feed items are

considered ‘‘significant’’, is whether the

feed item constitutes greater than 0.04

percent, by weight, of the total feed

available to livestock in the U.S.

Based on the above criteria, the

Agency has determined that dried apple

pomace is not a significant feed item

and has removed it from Table II.

Subsequently, in the Federal Register of

September 21, 1995 (60 FR 49141), EPA

issued a proposed rule to revoke the

FARs for residues of benomyl,

propargite, thiophanate-methyl, and

triadimefon in dried apple pomace.

III. Janssen Pharmaceutica Petition

Janssen Pharmaceutica is petitioning

EPA to revoke the section 409 FAR for

imazalil in citrus oil on the grounds

that, in the ready-to-eat form, the

residue levels are below the section 408

tolerance level established for imazalil

in the RAC. The Petitioner argues that

by the virtue of the flow-through

provision of section 402(a)(2) of the

FFDCA, the FAR is unnecessary. The

FAR for residues of imazalil in citrus oil

is codified in 40 CFR 185.3650.

The Petitioner maintains that citrus

oil is used as a flavoring agent in

minuscule amounts, and if used in

excess, it renders food unpalatable.

Included in the petition is a survey of

flavoring ingredient usage levels

conducted by the Flavoring Extract

Manufacturers’ Association. These

values allegedly represent the quantity

of citrus oil added to food to accomplish

its intended physical effect. The data

presented show that maximum residues

of imazalil in ready-to-eat foods are

below the section 408 tolerance.

Therefore, Janssen Pharmaceutica

argues that the section 409 FAR is not

needed and should be revoked on the

basis that it is not necessary.

Background

In the Federal Register of January 18,

1995 (60 FR 3607), EPA issued a

proposed rule to revoke the section 409

FAR for imazalil in citrus oil because

the Agency has determined that imazalil

induces cancer in animals and therefore

violates the Delaney clause in section

409 of the FFDCA.

In the Federal Register of June 14,

1995 (60 FR 31300), EPA issued its

response to a petition filed by the

National Food Processors Association

that sought the revision of many EPA

policies. In that notice, EPA announced

its revised approach to the term readyto-eat (RTE). EPA believes that a food

should be considered ready to eat only

if it is consumed ‘‘as is’’ or added to

other ready-to-eat foods.If EPA finds

that a processed food form is not ready

to eat, and once diluted to its RTE form

the residues are below that of the RAC,

then a section 409 FAR would not be

needed and the Delaney clause would

not apply. The Agency’s final rule

regarding the residues of imazalil in

citrus oil will be published by July

1996.

IV. Mancozeb Task Force Petition

The Mancozeb Task Force (DuPont,

Elf Atochem North America, Inc., and

Rohm & Haas Co.) has submitted a

petition requesting the revocation of the

FARs established under section 409 of

the FFDCA for residues of mancozeb in

or on milled feed fractions of barley,

oats, rye, and wheat. This FAR is

codified in 40 CFR 186.6300.

As explained in section II above, EPA

recently updated Table II of the

Pesticide Assessment Guidelines,

Subdivision O, Residue Chemistry. EPA

has determined that milled fractions of

barley, oats, and rye are not significant

feed items, and therefore the section 409

FAR is no longer necessary. In the

Federal Register of September 21, 1995

(60 FR 4915), EPA issued a proposed

rule to revoke the FAR for residues of

mancozeb on milled fractions of barley,

oats, and rye.

As explained in section III above, on

June 14, 1995, EPA announced its

revised approach to the term ready-toeat. Based on this policy, EPA has

determined that milled fractions of

wheat is not a ready-to-eat feed item,

and once diluted, the residues of

mancozeb in the RTE animal feeds are

unlikely to exceed the section 408

tolerance level. Therefore, a section 409

FAR is unnecessary. On this basis, in

the Federal Register of September 21,

1995 (60 FR 49150), EPA revoked the

section 409 FAR on milled fractions of

wheat.

Pursuant to 40 CFR 177.125 and

177.30, EPA may issue an order ruling

on the petitions or may issue a proposal

in response to the petitions and seek

further comment. If EPA issues an order

in response to the petitions, any person

adversely affected by the order may file

written objections and a request for a

hearing on those objections with EPA on

or before the 30th day after date of the

publication of the order (40 CFR

178.20).

A record has been established for this

notice under docket number [OPP300404] (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 a.m. to

4:30 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,
Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices 64165

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 notice, 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 record which will also include

all comments submitted directly in

writing. The official record is the paper

record maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

List of Subjects

Environmental protection,

Agricultural commodities, Feed

additives, Food additives, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 13, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–30502 12–11–95; 3:28 pm]

BILLING CODE 6560–50–F

FEDERAL RESERVE SYSTEM

Fulton Financial Corporation, et al.;

Formations of; Acquisitions by; and

Mergers of Bank Holding Companies

The companies listed in this notice

have applied for the Board’s approval

under section 3 of the Bank Holding

Company Act (12 U.S.C. 1842) and §

225.14 of the Board’s Regulation Y (12

CFR 225.14) to become a bank holding

company or to acquire a bank or bank

holding company. The factors that are

considered in acting on the applications

are set forth in section 3(c) of the Act

(12 U.S.C. 1842(c)).

Each application is available for

immediate inspection at the Federal

Reserve Bank indicated. Once the

application has been accepted for

processing, it will also be available for

inspection at the offices of the Board of

Governors. Interested persons may

express their views in writing to the

Reserve Bank or to the offices of the

Board of Governors. Any comment on

an application that requests a hearing

must include a statement of why a

written presentation would not suffice

in lieu of a hearing, identifying

specifically any questions of fact that

are in dispute and summarizing the

evidence that would be presented at a

hearing.

Unless otherwise noted, comments

regarding each of these applications

must be received not later than January

10, 1996.

A. Federal Reserve Bank of

Philadelphia (Michael E. Collins, Senior

Vice President) 100 North 6th Street,

Philadelphia, Pennsylvania 19105:

1. Fulton Financial Corporation,

Lancaster, Pennsylvania; to merge with

Gloucester County Bankshares, Inc.,

Woodbury, New Jersey, and thereby

indirectly acquire The Bank of

Gloucester County, The Deptford

Township, New Jersey.

B. Federal Reserve Bank of Cleveland

(John J. Wixted, Jr., Vice President) 1455

East Sixth Street, Cleveland, Ohio

44101:

1. Pittsburgh Home Financial Corp.,

Pittsburgh, Pennsylvania; to become a

bank holding company by acquiring 100

percent of the voting shares of

Pittsburgh Home Savings Bank,

Pittsburgh, Pennsylvania.

C. Federal Reserve Bank of Atlanta

(Zane R. Kelley, Vice President) 104

Marietta Street, N.W., Atlanta, Georgia

30303:

1. FABP Bancshares, Inc., Pensacola,

Florida; to become a bank holding

company by acquiring 100 percent of

the voting shares of First American

Bank of Pensacola, N.A., Pensacola,

Florida.

D. Federal Reserve Bank of Chicago

(James A. Bluemle, Vice President) 230

South LaSalle Street, Chicago, Illinois

60690:

1. Crestmark Bancorp, Inc.,

Bloomfield Hills, Michigan; to become a

bank holding company by acquiring 100

percent of the voting shares of

Crestmark Bank, Troy, Michigan (in

organization).

E. Federal Reserve Bank of Kansas

City (John E. Yorke, Senior Vice

President) 925 Grand Avenue, Kansas

City, Missouri 64198:

1. Baxter Bancshares, Inc., Baxter

Springs, Kansas; to become a bank

holding company by acquiring 100

percent of the voting shares of The

Baxter State Bank, Baxter Springs,

Kansas, and 24.99 percent of the voting

shares of People’s National Bank,

Seneca, Missouri (in organization).

F. Federal Reserve Bank of Dallas

(Genie D. Short, Vice President) 2200

North Pearl Street, Dallas, Texas 75201-

2272:

1. Cullen/Frost Bankers, Inc., San

Antonio, Texas, and The New Galveston

Company, Wilmington, Delaware; to

acquire 100 percent of the voting shares

of Park National Bank of Houston,

Houston, Texas.

2. Sabine Bancshares, Inc., Many,

Louisiana; to merge with First

Community Bancshares, Inc., Winnfield,

Louisiana, and thereby indirectly

acquire Winn Bancshares, Inc.,

Winnfield, Louisiana, and First

Community Bank, Winnfield, Louisiana.

Board of Governors of the Federal Reserve

System, December 8, 1995.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 95–30439 Filed 12–13–95; 8:45 am]

BILLING CODE 6210–01–F

Spencer Bancorporation, Inc.,

Employee Stock Ownership Plan &

Trust; Change in Bank Control Notice

Acquisition of Shares of Banks or

Bank Holding Companies

The notificant listed below has

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 notices are set

forth in paragraph 7 of the Act (12

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

The notice is available for immediate

inspection at the Federal Reserve Bank

indicated. Once the notice has been

accepted for processing, it will also 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 the notice or to the offices of the

Board of Governors. Comments must be

received not later than December 29,

1995.

A. Federal Reserve Bank of Chicago

(James A. Bluemle, Vice President) 230

South LaSalle Street, Chicago, Illinois

60690:

1. Spencer Bancorporation, Inc.

Employee Stock Ownership Plan &

Trust, Spencer, Wisconsin; to acquire an

additional 5.40 percent, for a total of

12.25 percent of the voting shares of

Spencer Bancorporation, Inc., Spencer,

Wisconsin, and thereby indirectly

acquire Spencer State Bank, Spencer,

Wisconsin.

Board of Governors of the Federal Reserve

System, December 8, 1995.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 95–30440 Filed 12–13–95; 8:45 am]

BILLING CODE 6210–01–F