19936 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Notices

meetings will not be repetitive of

previously submitted oral or written

statements. In general, each individual

or group making an oral presentation

will be limited to a total time of five

minutes. For conference call meetings,

opportunities for oral comment are

limited to no more than five minutes per

speaker and no more than fifteen

minutes total. Written comments of any

length (at least 35 copies) received in

the SAB Staff Office sufficiently prior to

a meeting date, may be mailed to the

relevant SAB committee or

subcommittee prior to its meeting;

comments received too close to the

meeting date will normally be provided

to the committee at its meeting. Written

comments may be provided to the

relevant committee or subcommittee up

until the time of its meeting, unless

other publicly announced arrangements

have been made.

Dated: April 23, 1996.

John R. Fowle, III,

Acting Staff Director, Science Advisory Board.

[FR Doc. 96–11076 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–P

[OPP–64029; FRL 5367–4]

Propargite; Voluntary Deletion of Ten

uses in Response to EPA’s Concerns

of Risk from Dietary Exposure to the

U.S. Population

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Receipt of Request to

Delete Uses.

SUMMARY: This notice, issued pursuant

to section 6(f)(1) of the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA), 7 U.S.C. 136d(f)(1),

announces EPA’s receipt of a request

from Uniroyal Chemical Company to

delete 10 uses from its propargite labels.

EPA invites public comment on the

proposed use deletions.

DATES: Public comment on the use

deletions will be accepted until July 2,

1996.

ADDRESSES: By mail, submit comments

to Public Response and Program

Resources Branch, Field Operations

Division (7506C), Office of Pesticide

Programs, 401 M St., SW., Washington,

DC 20460. In person, deliver comments

to Room 1132, Crystal Mall #2, 1921

Jefferson Davis Highway, Arlington, VA.

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 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by docket number

[OPP–64029]. 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 below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Jeff Morris, Special Review

Branch, Special Review and

Reregistration Division (7508W), U.S.

Environmental Protection Agency, 401

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

Office location and telephone number:

Special Review Branch, 3rd floor, 2800

Crystal Drive, Arlington, VA, (703) 308–

8029; e-mail:

morris.jeff@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background Information

EPA determined that long-term

exposure to propargite (trade names

Omite, Ornamite, and Comite), a

pesticide registered in 1969 for the

control of mites on a number of

agricultural commodities and

ornamental plants, posed an

unacceptable dietary cancer risk to

persons who consumed propargitetreated foods. EPA classifies propargite

as a B2 (probable) human carcinogen.

EPA’s risk assessment estimates overall

dietary risk to the U.S. general public

from exposure to all propargite uses

(including the 10 uses that Uniroyal has

now deleted from its labels) at 1.6 x 10-5

This was based on an intensive dietary

assessment that includes exposure

estimates based on actual residues

found in foods. The commodities with

the largest contributions to the overall

risk are apples at 9.2 x 10-6, and peaches

at 2.5 x 10-6. Accordingly, based on the

foregoing information as well as

information on the benefits of propargite

use, EPA determined that continued use

of propargite products would cause

unreasonable adverse effects. However,

based on a voluntary agreement reached

with Uniroyal, which includes the

deletion of the apple and peach uses,

EPA believes the overall dietary risk has

been reduced to a level that EPA

considers negligible.

II. Uniroyal Request to Amend

Registrations

EPA discussed its risk findings with

Uniroyal Chemical Company, the sole

propargite registrant, and Uniroyal

responded by agreeing in an April 5,

1996 letter to EPA to amend propargite

product labels with EPA registration

numbers 400–82, 400–83, 400–89, 400–

104, 400–154, 400–426, and 400–427 to

delete the following uses: apples,

apricots, cranberries, figs, green beans,

lima beans, peaches, pears, plums

(including plums grown for prune

production), and strawberries. These

proposed use deletions are the subject of

the Notice. Uniroyal further requested

that its propargite registrations be

immediately amended to incorporate a

number of new terms and conditions.

These amended terms and conditions

(reproduced in section IV below) were

accepted by EPA and made immediately

effective as of April 5, 1996.

III. Deletions Pursuant to Voluntary

Requests, and Opportunity for Public

Comment

Under section 6(f)(1) of FIFRA, a

registrant may request at any time that

EPA amend a pesticide registration to

delete one or more uses (7 U.S.C.

136d(f)(1)). EPA must publish in the

Federal Register a notice of receipt of

the request and allow public comment.

In accordance with FIFRA section

6(f)(1)(C)(ii), Uniroyal has requested that

the 90-day comment period for the

proposed deletions be waived. However,

the Administrator has determined that a

60-day comment period is appropriate

for the proposed action. Accordingly,

persons wishing to comment may do so

by July 2, 1996. In addition, because

propargite is undergoing reregistration,

any comments received in response to

this notice will be considered in EPA’s

determination of propargite’s eligibility

for reregistration.

EPA believes the deletions proposed

by Uniroyal in conjunction with the

new terms and conditions described

below will, in the short term,

substantially reduce the risk of

unreasonable adverse effects from

continued use of products containing

propargite. EPA further believes that for

most of the uses proposed for deletion

there are adequate alternative products

and pest control practices available as

substitutes for propargite products. For

these uses and those for which

alternatives are not available, EPA has

determined that potential economic

loses are outweighed by the risks posed

by continued use. It is EPA’s intention

to uphold Uniroyal’s request for

deletion of the specified uses unless

during the comment period convincing

information is received that

demonstrates that approval of

Uniroyal’s request is inappropriate.

Based on the large and persuasive

record already assembled regarding the
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Notices 19937

risks and benefits of propargite, the

Agency believes its proposed decision

to accept Uniroyal’s deletions is well

supported.

IV. New Terms and Conditions for

Propargite Products

As indicated above, in addition to

requesting deletion of certain propargite

uses, Uniroyal by letter dated April 5,

1996, also requested that all of its

propargite registrations be immediately

amended by the addition of the terms

and conditions described below. The

Agency approved this request, effective

April 5, 1996:

(1) Uniroyal will not sell or distribute

any propargite products labeled for the

deleted uses unless and until such uses

are restored in accordance with the

provisions set forth below. However, for

a period of 21 days following the April

5, 1996 letter, Uniroyal may sell and

distribute propargite products labeled

for the deleted uses if Uniroyal stickers

such products in accordance with

paragraph (2) below, at the purchaser’s

premises before such products are

resold or used by the purchaser.

(2) Uniroyal will sticker all propargite

products in its warehouses and in

possession of distributors and dealers.

These stickers will notify buyers to use

new labels that will be provided by

Uniroyal and will accompany the

purchased propargite products.

Uniroyal will distribute new labels with

the ten uses deleted. Uniroyal will use

its best efforts to have existing stocks in

the possession of growers stickered and

will take back product and credit

growers who return to Uniroyal product

labeled for the deleted uses.

(3) Uniroyal will not seek restoration

of the deleted uses until it submits a

completed prolonged cell proliferation

study or other new scientific data

demonstrating a carcinogenic

mechanism.

(4) Uniroyal will not seek State Local

Needs registrations under FIFRA section

24(c) or emergency exemptions under

FIFRA section 18 for any of the deleted

uses, until EPA issues a final

determination on any application by

Uniroyal to restore the deleted uses

submitted in accordance with paragraph

(i) below.

(5) Uniroyal will not challenge

revocation of tolerances and food

additive regulations for any of the

deleted uses.

(6) Uniroyal will not provide

encouragement or assistance to persons

or organizations seeking to challenge the

voluntary use deletions requested

herein or the associated tolerance or

food additive regulation revocation

actions.

(7) Uniroyal will not provide

encouragement or assistance to persons

or organizations seeking to restore the

deleted uses, or seeking FIFRA section

24(c) registrations or FIFRA section 18

emergency exemptions for the deleted

uses, until Uniroyal submits an

application to restore the deleted uses in

accordance with paragraph (i) below.

(8) In taking these actions to

voluntarily delete certain uses and

amend the terms and conditions of its

propargite registrations, Uniroyal does

not intend to create any rights for third

parties.

(9) Uniroyal requests that the 90-day

comment period under FIFRA section

6(f) be waived. Uniroyal consents to a

30-day comment period under FIFRA

section 6(f). In an April 5, 1996 letter to

Uniroyal’s representative, EPA accepted

the above amendments to the terms and

conditions of propargite registrations

and agreed to the following:

(i) After two years from April 5, 1996,

if Uniroyal submits an application to

restore any of the deleted uses, EPA will

review the application and any

supporting data within 120 days of

submission of all materials to EPA.

Upon completion of its review and

during the 120-day review period, EPA

will either grant the application or

announce a preliminary decision to

deny the application. If EPA announces

a preliminary decision to deny the

application, Uniroyal may request that

EPA submit the scientific questions that

are the subject of the denial to the

Scientific Advisory Panel (SAP). EPA

will schedule a prompt SAP review.

EPA will consider the report of the SAP

in making a final determination whether

to grant Uniroyal’s application. EPA

will issue a final determination on the

application within 90 days after

receiving the SAP report.

(ii) EPA intends to commence

proceedings to revoke tolerances for the

deleted uses. If EPA commences

proceedings to revoke tolerances for the

deleted uses, it will propose effective

dates for the revocations that provide

the time needed for appropriate and

orderly movement of crops already

legally treated with propargite through

the channels of commerce. Force

Majeure: It is understood that if

circumstances beyond EPA’s control

(such as an Act of God, war, or the like)

interfere with EPA’s ability to meet one

or more of the deadlines set forth in

paragraphs (i) or (ii) above, EPA will use

its best efforts to complete such

undertaking as expeditiously as

possible.

V. Public Comment Procedures

EPA invites interested persons to

submit written comments, information,

or data in response to this notice. In

addition, EPA desires comment on

related actions concerning tolerances for

the proposed deleted uses. It is EPA’s

intention to propose revocation of the

tolerances associated with these uses. It

has generally been the practice of EPA

in similar instances to establish an

effective date for each revocation that

takes into consideration the time needed

for legally treated food to pass through

the channels of commerce. It is useful

for the Agency to have accurate

information regarding the length of time

required for each affected commodity to

move through commerce. Thus, EPA

requests public comments on this

matter. This issue will also be available

for comment as part of any propargite

revocation actions proposed by EPA.

Comments must be submitted by July 2,

1996. Comments must bear a notation

indicating the document control

number. Three copies of the comments

should be submitted to either location

listed under ‘‘ADDRESSES’’ at the

beginning of this notice.

Information submitted as a comment

concerning this notice may be claimed

confidential by marking any or all that

information as Confidential Business

Information (CBI). EPA will not disclose

information so marked, except in

accordance with procedures set forth in

40 CFR part 2. A second copy of such

comments, with the CBI deleted, also

must be submitted for inclusion in the

public record. EPA may publicly

disclose without prior notice

information not marked confidential.

A record has been established for this

notice under docket number [OPP–

64029] (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,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments can be sent

directly to EPA at: oppdocket@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
19938 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Notices

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 rulemaking record

is the paper record maintained at the

address in ‘‘ADDRESSES’’ at the

beginning of this notice.

VI. Existing Stocks

For the purposes of this notice,

existing stocks are defined as those

stocks of the propargite products with

the EPA registration numbers 400–82,

400–83, 400–89, 400–104, 400–154,

400–426, and 400–427 that are labeled

with any of the ten uses subject to

deletion by this notice and were

packaged, labeled, and/or released for

shipment prior to April 26, 1996.

EPA has an established policy for

determinations concerning the sale,

distribution, and use of existing stocks

of pesticides where the registration has

been amended, cancelled, or suspended

under FIFRA sections 3, 4, or 6 dated

June 26, 1991, (56 FR 29362). That

policy states that in cases where EPA

has identified a significant risk concern

and the registration has been amended,

EPA will make existing stocks

determinations on a case-by-case basis.

In most cases EPA will not permit the

continued sale, distribution, or use of a

product labeled with deleted uses

unless it can be demonstrated that the

benefits exceed the risks. EPA reserves

the right to amend this existing stocks

provision, should conditions warrant

such amendment.

EPA has determined that the limited

continued sale and use of existing

stocks of propargite products labeled for

the deleted uses permitted under

paragraphs (1) and (2) of the terms and

conditions contained in section IV of

this notice, will not cause unreasonable

adverse effects. Under these provisions,

Uniroyal will not sell or distribute any

propargite products containing the

deleted uses. In addition, Uniroyal will

relabel stocks at the distributor and

retailer levels to reflect the deletion of

the ten uses. Uniroyal will also accept

return of products from users.

Accordingly, EPA believes very little

product labeled for use on the proposed

deleted crops will be used during the

1996 growing season.

VII. Proposed Use Deletion/

Cancellation Order

The following Use Deletion/

Cancellation Order and Approval of

Uniroyal’s request for deletion of uses

will take effect on August 1, 1996 unless

before that date EPA publishes a notice

in the Federal Register modifying this

proposed order.

EPA approves Uniroyal’s request for

deletion of the apple, apricot, cranberry,

fig, green bean, lima bean, peach, pear,

plum, and strawberry uses from the

propargite products with EPA

registration numbers 400–82, 400–83,

400–89, 400–104, 400–154, 400–426,

and 400–427, effective August 1, 1996

notice. All propargite products

containing instructions for use on

apples, apricots, cranberries, figs, green

beans, lima beans, peaches, pears,

plums, or strawberries are cancelled,

effective August 1, 1996 notice.

List of Subjects

Environmental protection,

Agricultural commodities, Pesticides

and pests.

Dated: April 26, 1996.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 96–10910 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–F

FARM CREDIT ADMINISTRATION

[BM–23–APR–96–02]

Policy Statement on Association

Structure

AGENCY: Farm Credit Administration.

ACTION: Policy statement.

SUMMARY: Section 7.8 of the Farm Credit

Act of 1971, as amended, provides the

Farm Credit Administration (FCA) with

the authority to approve mergers of

unlike associations. With limited

exceptions, the FCA has not allowed

unlike association mergers unless the

territories of the merging entities have

been the same. The FCA Board will now

consider merger requests from unlike

associations whose territories are not

the same when such mergers promote

efficiencies and improve services to

borrowers, provided the resulting

institutions are financially viable and

any adverse impact on other Farm

Credit System institutions is minimal.

The FCA Board Policy Statement on

Association Structure describes the

criteria it will consider when acting on

such merger requests. However, nothing

in the Policy Statement limits the FCA

Board’s discretion with respect to

charter requests.

EFFECTIVE DATE: April 23, 1996.

FOR FURTHER INFORMATION CONTACT: Elna

J. Luopa, Chief, Corporate Affairs

Division, Office of Special Supervision

and Corporate Affairs, (703) 883-4475;

or Victor A. Cohen, Associate General

Counsel, Regulatory Enforcement

Division, Office of General Counsel,

Farm Credit Administration, 1501 Farm

Credit Drive, McLean Virginia 22102-

5090, (703) 883-4020, TDD (703) 883-

4444.

SUPPLEMENTARY INFORMATION: The text of

the Board’s policy statement on

association structure is set forth below

in its entirety:

Farm Credit Administration Board

Policy Statement on Association

Structure, BM–23–APR–96–02, FCA–

PS–70

Effective Date: April 23, 1996.

Effect on Previous Action: Supersedes

FCA–PS–27 [BM–21–NOV–88–02] and

FCA–PS–30 [BM–06–JAN–89–07].

Source of Authority: Sections 5.17,

7.8, and 7.11 of the Farm Credit Act of

1971, as amended.

In the interest of providing the highest

quality and most efficient service to

agricultural borrowers, the Farm Credit

Administration (FCA) encourages Farm

Credit System (System) institutions to

select structural options that are most

conducive to that goal. The FCA Board

will favor charter requests that promote

such efficiency, provided they result in

viable financial institutions and any

adverse effect on other System

institutions is minimal.

The FCA believes that agricultural

credit associations (ACAs), formed

pursuant to section 7.8(a) of the Farm

Credit Act of l971, as amended, can

promote such efficiency because of their

ability to offer a broad array of services

to borrowers. However, when the

chartered territories of the merging

associations are not identical, the FCA

must determine whether to disapprove

the merger application or to charter an

ACA with (1) Full lending authority

throughout its territory, resulting in

competition with one or more adjoining

associations; or (2) different lending

authorities in different parts of its

territory (bifurcated charter) with

exclusive lending authorities in the

common territory. Except for several

ACAs formed as a result of section 411

of the Agricultural Credit Act of l987,

the FCA generally has denied charter

requests for the merger of unlike

associations when the boundaries of the

merging entities were not the same.

These actions were taken to protect

exclusive charters, to discourage intraSystem competition, and to prevent the

administrative difficulties caused by

bifurcated charters. The FCA Board

prefers charters that authorize a full

range of services throughout an ACA’s