8658 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Notices

EPA has considered procedural

options under FIFRA which would

allow plant-pesticides to be propagated

for the production of reproductive plant

materials under limited acreage and

conditions in instances where the

Agency has determined that such plant

propagation will not result in

unreasonable adverse effects to humans

or the environment. EPA has

determined that a limited registration

under section 3(c)(5) is an appropriate

regulatory vehicle for pesticides

produced in plants grown for the

purposes of plant propagation/seed

increase. A limited registration will

stipulate the conditions under which

the plantings could occur and may

include such restrictions as the acreage

to be planted, the design of the field

sites to ensure adequate containment,

the locations of the field sites, and any

other restrictions deemed necessary

including restrictions on the sale and

distribution of the crop. The Agency, in

making its finding of no unreasonable

adverse effects, will rely in part upon

the restrictions set in the limited

registration. The limited registration

will also stipulate that the company

acquiring the registration is liable for

the actions of its cooperators in terms of

meeting the conditions of the

registration. Companies that wish to

make applications for a limited

registration under FIFRA section 3(c)(5)

for the purposes of plant propagation/

seed production should be cognizant of

tolerance requirements under the

Federal Food, Drug, and Cosmetic Act

(FFDCA). Where food or feed crops are

involved, crop destruction or other

actions to prevent the introduction of

the resulting crop into commerce will be

a necessary condition of a limited

registration in the absence of a tolerance

or exemption from the requirement of a

tolerance. Moreover, seeds or other

plant parts may be restricted in their

sale or distribution.

Monsanto has requested a limited

registration for plant propagation and

has proposed certain conditions for the

registration. The Agency has evaluated

the information and data that have been

submitted by Monsanto concerning the

potential risks from planting cotton

producing Bacillus thuringiensis var.

kurstaki (B.t.k.) delta endotoxin for the

purpose of increasing propagative

materials. The information and data

evaluated by the Agency to date has led

EPA to preliminarily conclude that,

under the restrictions of the limited

registration, there are no foreseeable

unreasonable adverse effects to humans

or the environment.

Copies of information submitted to

the Agency in support of this

registration will be available from the

public docket. The release of data is

subject to section 10(g) of FIFRA;

disclosure requires submission of a

signed Affirmation of Non-multinational

Status form. To receive a copy of the

form contact the OPP docket staff at the

address or telephone number listed

under the ADDRESSES unit. Due to the

volume of data, callers will receive the

data on microfiche. A papercopy of the

data is available for viewing in the

docket.

Therefore, EPA is proposing to issue

the following limited registration:

524–UTI. Monsanto Company, 700

Chesterfield Parkway North, St. Louis,

MO 63198. The approved limited

registration for plant propagation would

allow the use of the Bacillus

thuringiensis var. kurstaki delta

endotoxin as produced by the Cry 1 A(c)

gene and its controlling sequences in

cotton plants over a total of 36,850

acres. Planting of the product would be

limited to the states of Arizona,

Arkansas, California, Mississippi, South

Carolina, and Texas and the territory of

Puerto Rico. The registration would be

limited to plantings from March 15,

1995 through December 15, 1995, and

would include associated agronomic

activities such as the harvesting and

processing of plant propagative

material. Sale or distribution of the crop

or plant propagative materials would be

prohibited. This registration would be

limited in that containment of the field

sites to prevent outcrossing to other

cotton would consist of the use of

isolation distances and/or buffer rows of

non-transgenic cotton. This registration

would be also be limited in that all

crops would either be destroyed or

stored for future plantings or research.

The field sites would be monitored for

12 months for germinating seed which

would be destroyed.

Interested parties should note that in

the Federal Register of January 25, 1995

(60 FR 4910), and February 8, 1995 (60

FR 7538), EPA announced a March 1,

1995 meeting of the Scientific Advisory

Panel for consideration of scientific

issues related to this registration.

List of Subjects

Environmental protection,

Biotechnology, Plant-pesticide,

Pesticides, Plants, Registration.

Dated: February 8, 1995.

Janet L. Andersen,

Acting Director, Biopesticides and Pollution

Prevention Division, Office of Pesticide

Programs.

[FR Doc. 95–3761 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–F

[PP 4G44409 and 5G4448/T668; FRL 4935–

8]

Northrup King Co. and Ciba-Geigy

Corp.; Initial Filings of Exemptions

from the Requirement of Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has established

exemptions from the requirement of

tolerances for the delta endotoxin

protein produced in field corn by a

CryIA(b) gene from Bacillus

thuringiensis subsp. kurstaki HD-1 and

inserted in the plant expression vector

pZ01502 and for the plant pesticide

Bacillus-thuringiensis subsp. kurstaki

CryIA (b) insect control protein as

produced in corn plants and the genetic

material necessary for its production.

FOR FURTHER INFORMATION CONTACT: By

mail: Michael Mendelsohn,

Biopesticides and Pollution Prevention

Division (7501W), Office of Pesticide

Programs, Environmental Protection

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

DC 20460. Office location and telephone

number: Rm. Crystal Station, 5th Fl.,

2800 Crystal Drive, Arlington, VA

22202, (703) 308–8712; e-mail:

Mendelsohn.Mike@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA gives

notice that it has established

exemptions from the requirement of

tolerances relating to the initial filing of

tolerances in or on certain raw

agricultural commodities as follows:

Initial Filings

1. PP 4G4409. Northrup King Co.,

7500 Olson Memorial Highway, Golden

Valley, MN 55427, has requested in

pesticide petition (PP) 4G4409, the

establishment of an exemption from the

requirement of a tolerance for the delta

endotoxin protein produced in field

corn by a CryIA(b) gene from Bacillus

thuringiensis subsp. kurstaki HD-1 and

inserted in the plant expression vector

pZ01502.

2. PP 5G4448. Ciba-Geigy Corp., P.O.

Box 12257, Research Triangle Park, NC

27709-2257, has requested in pesticide

petition (PP) 5G4448, the establishment

of an exemption from the requirement of

a tolerance for the plant pesticide

Baccillus thuringiensis subsp. kurstaki

CryIA(b)) insect control protein as

produced in corn plants and the genetic

material necessary for its production.

These temporary exemptions from the

requirements of tolerances will permit

the marketing of the above raw

agricultural commodities when treated

in accordance with the provisions of

experimental use permits 67979–EUP–1
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Notices 8659

(Northrup) and 66736-EUP-1 (Ciba),

which are being issued under the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), as amended

(Pub. L. 95–396, 92 Stat. 819; 7 U.S.C.

136).

The scientific data reported and other

relevant material were evaluated, and it

was determined that the exemptions

from the requirement of tolerances will

protect the public health. Therefore, the

temporary exemptions from the

requirement of tolerances have been

established on the condition that the

pesticides be used in accordance with

the experimental use permits and with

the following provisions:

1. The total amount of the active

ingredient to be used must not exceed

the quantity authorized by the

experimental use permits.

2. Northrup King Co. and Ciba-Geigy

Corp. must immediately notify the EPA

of any findings from the experimental

use permit that have a bearing on safety.

Each company must also keep records of

production, distribution, and

performance and on request make the

records available to any authorized

officer or employee of the EPA or the

Food and Drug Administration.

Residues remaining in or on all raw

agricultural commodities after this

expiration date will not be considered

actionable if the pesticide is legally

applied during the term of, and in

accordance with, the provisions of the

experimental use permits and temporary

exemptions from the requirement of

tolerances. These temporary exemptions

from the requirement of tolerances may

be revoked if the experimental use

permits are revoked or if any experience

with or scientific data on these

pesticides indicate that such revocation

is necessary to protect the public health.

The Office of Management and Budget

has exempted this notice from the

requirement of section 3 of Executive

Order 12866.

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

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).

Authority: 21 U.S.C. 346a(j).

List of Subjects

Environmental protection,

Administative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: February 2, 1995.

Janet L. Andersen,

Acting Director, Biopesticides and Pollution

Prevention Division, Office of Pesticide

Programs.

[FR Doc. 95–3387 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–F

[FRL–5155–4]

Report on the Status of Visibility

Research

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability.

SUMMARY: This notice announces the

public availability of an EPA report

titled ‘‘Interim Findings on the Status of

Visibility Research.’’ The Clean Air Act

calls for EPA to produce this report.

DATES: This report will be available at

the addresses indicated below on

February 15, 1995.

ADDRESSES: Copies of the report may be

obtained by writing or phoning:

February 15, 1995 to March 15, 1995.

Ms. Gloria J. Koch, Technical

Information Officer, Atmospheric

Research and Exposure Assessment

Laboratory (MD–75), U.S.

Environmental Protection Agency,

Research Triangle park, NC 27711,

Telephone: 919–541–4109.

After March 15, 1995: U.S. Department

of Commerce, National Technical

Information Service, Springfield, VA

22164.

FOR FURTHER INFORMATION CONTACT:

Mr. Johnnie L. Pearson, Acting

Associate Director, Atmospheric

Research and Exposure Assessment

Laboratory (MD–75), U.S.

Environmental Protection Agency,

Research Triangle Park, NC 27711,

Telephone: 919–541–0572.

SUPPLEMENTARY INFORMATION: EPA is

announcing the public availability of a

report titled ‘‘Interim Findings on the

Status of Visibility Research.’’ The

report was called for under section

169B(a) of the Clean Air Act, 42 U.S.C.

7492(a). Issuance of the report does not

represent final agency action.

The report summarizes visibility

research findings previously reported.

The report also summarizes visibility

research currently being performed,

based on information provided by the

organizations conducting the research.

The report does not evaluate or

otherwise address the merits of the

visibility research information

presented. Moreover, the report does not

make EPA policy determinations about

visibility protection and does not affect

any legal rights or impose any

obligations.

Dated: February 9, 1995.

Henry L. Longest II,

Acting Assistant Administrator, Research and

Development.

[FR Doc. 95–3760 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–M

[FRL–5151–7]

Hillsdale Drum Superfund Site:

Proposed Settlement

AGENCY: Environmental Protection

Agency.

ACTION: Notice.

SUMMARY: Under Section 122(h) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA), the Environmental

Protection Agency (EPA) has agreed to

settle claims for past response at the

Hillsdale Drum Superfund Site in St.

Helena Parish, Louisiana, with the

following parties:

Our Lady of the Lake Hospital

St. Louis County Highway Department

University of Texas System

W.R. Grace & Co.

York International Corporation (formerly

Borg Warner Air Conditioning, Inc,)

Castrol North American Specialty Products

Division (formerly Bray Oil)

Chemed Corporation

Chrysler Corporation

Immunex Corporation

National Casein Company

University of Iowa

University of Utah

Racon, Inc. (n/k/a Elf Atochem, Inc.)

IMC—Agrico Company

Pan Am World Services, Inc. (n/k/a Johnson

Controls World Services, Inc.)

Chemical Compounding Corp. (n/k/a

Truetech, Inc.)

Glidden Company

Anderson Chemical Company, Inc.

Coastal Fluid Technologies, Inc.

E.I. du Point de Nemours and Company

Georgia Institute of Technology

Inspectorate American Corporation

Pennwalt Corp. (n/k/a Elf Atochem, Inc.)

Martin Marietta

Betz Entec, Inc.

Betz Laboratories, Inc.

Lane County School District 4–J (a/k/a

Eugene Public Schools)

Kaiser Aluminum and Chemical Corporation

University of Alabama

University of Southern Alabama

Southern University

University of Arkansas

Missouri Southern State College

University of California, Riverside

Trident Chemical Company, Inc.

Texas Tech University

U.S. Department of Veterans Affairs