Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations 25153

chromatography) previously developed

for tolerance petitions 5H5087 and

6H5119 is available in JAOAC, Vol 54,

p. 560, 1971.

Additional residue data on propylene

oxide and propylene chlorohydrin (2-

PCH) are required for a permanent

tolerance. These data are required to

precisely determine the off-gassing

kinetics and to allow the Agency to

accurately verify the time interval from

fumigation to the point of consumer

purchase. At the present time, however,

the Agency believes there are adequate

data to support a time-limited tolerance

while these studies are being developed.

Additional toxicological data may be

required based on a review of the

required residue data. Further, EPA has

concerns about the adequacy of the

current analytical method. Therefore, a

revised analytical method must be

developed to address the 2-PCH known

to form during fumigation of foods with

propylene oxide. Revised enforcement

or confirmatory methods for propylene

chlorohydrin, as well as for propylene

oxide per se must also be developed.

Any additional tolerance proposals for

propylene oxide will be considered on

a case-by case basis.

There are presently no actions

pending against the continued

registration of this chemical.

Based on the information and data

considered, the Agency has determined

that the tolerances established by

amending 40 CFR part 180 will protect

the public health. Therefore, the

tolerance is established as set forth

below. Since the Agency has no

evidence that other varieties of nuts are

treated with propylene oxide, tolerances

are being established only for specific

nuts.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

to the regulation and may also request

a hearing on those objections.

Objections and hearing requests must be

filed with the Hearing Clerk, at the

address given above (40 CFR 178.20). A

copy of the objections and/or hearing

requests filed with the Hearing Clerk

should be submitted to the OPP docket

for this rulemaking. The objections

submitted must specify the provisions

of the regulation deemed objectionable

and the grounds for the objections (40

CFR 178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

A record has been established for this

rulemaking under the docket number

[PP 6E4647/R2220] (including any

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 4:30 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.

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 any copies of objections and

hearing requests received electronically

into printed, paper form as they are

received and will place the paper copies

in the official rule-making 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

document.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), it has been

determined that this rule is not

‘‘significant’’ and is not subject to OMB

review.

This action does not impose any

enforceable duty, or contain any

‘‘unfunded mandates’’ as described in

Title II of the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4), or

require prior consultation as specified

by Executive Order 12875 (58 FR 58093,

October 28, 1993), entitled Enhancing

the Intergovernmental Partnership, or

special consideration as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

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).

List of Subjects in 40 CFR Part 180

Administrative practice and

procedure, Agricultural commodities,

Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: May 9, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. Section 180.491 is added to read as

follows:

§ 180.491 Propylene Oxide; tolerance for

residues.

A time-limited tolerance to expire on

May 20, 1998 is established for residues

of the fumigant propylene oxide, in or

on the following raw agricultural

commodities.

Commodity Parts per

million

Almonds .................................... 150

Brazil Nuts ................................ 150

Filberts ...................................... 150

Pecans ...................................... 150

Pistachio Nuts ........................... 150

Walnuts ..................................... 150

[FR Doc. 96–12500 Filed 5–17–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 185

[OPP–300335B; FRL–5372–2]

Pesticides; Partial Stay of Effective

Date for Order Revoking Certain Food

Additive Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Partial stay of Effective Date.

SUMMARY: EPA is staying the effective

date of a final rule revoking the food

additive regulations (FARs) for certain

uses of propargite, mancozeb, ethylene

oxide and propylene oxide. The final
25154 Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations

rule, subject to objections, was

published in the Federal Register on

March 22, 1996. EPA received petitions

to stay the May 21, 1996 effective date

for the final rule as it applied to the four

pesticides noted above. EPA is staying

the effective date until it can review the

petitions and determine whether to

grant the petitions for stays and if so, for

what length of time.

DATES: This partial stay is effective May

20, 1996.

FOR FURTHER INFORMATION CONTACT:

Niloufar Nazmi, Special Review Branch

(7508W), Special Review and

Reregistration Division, Office of

Pesticide Programs, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: 3rd floor,

Westfield Building, 2800 Crystal Drive,

Arlington, VA, Telephone: (703) 308–

8028, e-mail:

nazmi.niloufar@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

In the Federal Register of March 22

1996 (61 FR 11993), EPA issued an

order by final rule revoking the FARs for

certain uses of seven pesticides. EPA

revoked the above FARs based on the

determination that these FARs are

inconsistent with the Delaney clause, in

section 409 of the Federal Food, Drug

and Cosmetic Act (FFDCA). In the final

rule, EPA set an effective date of May

21, 1996 for the revocations.

Any person adversely affected by the

March 22, 1996 Order was allowed 30

days to: (1) File written objections to the

order, (2) file a written request for an

evidentiary hearing on the objections,

and (3) file a petition for a stay of the

effective date.

EPA received requests from four

Petitioners to stay the effective date of

revocation for the following: propargite

on tea and figs from the Uniroyal

Chemical Company; mancozeb on oat

bran from the Mancozeb Task Force;

ethylene oxide on ground spices from

the American Spice Trade Association;

and propylene oxide on nutmeats,

ground spices, cocoa and gums from

Aberco Inc. The Petitioners contend to

have satisfied the four criteria outlined

in the final rule regarding the stay of an

administrative action (21 CFR 10.35).

All four Petitioners assert that: (1) They

will suffer irreparable injury; (2) their

case is not frivolous and is being

pursued in good faith; (3) they have

demonstrated sound public policy

grounds supporting the stay; and (4) the

delay resulting from the stay is not

outweighed by public health or other

public interests.

Full copies of the stay requests may

be viewed in the OPP Docket under the

document control number. The OPP

docket is located in the 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.

By this document, EPA is staying the

effective date of the March 22, 1996

final rule until such time as EPA issues

its responses to the stay petitions.

List of Subjects in 40 CFR Part 185

Environmental protection, Food

additives, Pesticides and pest.

Dated: May 16, 1996.

Susan H. Wayland,

Acting Assistant Administrator for

Prevention, Pesticides and Toxic Substances.

Therefore, 40 CFR part 185 is

amended as follows:

1. The authority citation continues to

read as follows:

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

§ 185.2850 [Amended]

1. The amendment removing

§ 185.2850, published at 61 FR 12009,

March 22, 1996 is stayed.

§ 185.5000 [Amended]

2. On page 12009, in the issue for

March 22, 1996, the removal from the

table in § 185.5000 of ‘‘figs, dried,’’ and

‘‘tea, dried,’’ is stayed. The removal of

the entry for raisins is not affected by

this stay.

3. On page 12009, in the issue for

March 22, 1996, the removal of

§ 185.5150 is stayed with respect to the

removal of the introductory text,

paragraphs (a), (b), (c), (d) and (e), and

in the table, with respect to the entries

for ‘‘cocoa,’’ ‘‘gums,’’ ‘‘processed

nutmeats (except peanuts),’’ and

‘‘spices, processed.’’ The removal of the

entries for ‘‘glace fruit,’’ ‘‘prunes,

dried,’’ and ‘‘starch’’ is not affected by

this stay. For clarity and ease of use by

the reader the text that remains

pursuant to the stay is set forth below.

§ 185.5150 Propylene oxide.

The food additive propylene oxide

may be safely used in or on foods in

accordance with the following

prescribed conditions:

(a) It is intended as a fumigant in or

on bulk quantities of cocoa, gums,

processed spices, and processed

nutmeats (except peanuts) when such

bulk foods are to be further processed

into a final food form.

(b) It is applied in fumigation

chambers not more than one time at a

temperature not in excess of 125° F. The

maximum period of fumigation shall not

exceed 4 hours for cocoa, processed

nutmeats (except peanuts), and

processed spices. For edible gums, the

maximum duration shall be 24 hours.

(c) When used as described in

paragraphs (a) and (b) of this section,

residues shall not exceed the following

limitations:

Food Limitations1

Cocoa ........................................ 300

Gums ........................................ 300

Processed nutmeats (except

peanuts) ................................ 300

Spices, processed .................... 300

1 Expressed as parts per million of propylene oxide.

(d) When used as a mixture with

carbon dioxide (92 parts of carbon

dioxide to 8 parts of propylene oxide on

a weight/weight basis), all commodities

listed in paragraph (c) of this section

may be processed not more than one

time for a period not to exceed 48 hours

and at a temperature not to exceed 125°

F.

(e) To assure safe use of the additive,

the label and labeling of the pesticide

formulation containing the food

additive shall conform to the label an

labeling registered by the U. S.

Environmental Protection Agency.

9. On page 12009, in the issue for

March 22, 1996, the removal of

§ 185.6300 with respect to the

introductory text and bran of oats is

stayed. For clarity and ease of use by the

reader the text that remains pursuant to

the stay is set forth below.

§ 185.6300 Zinc ion and maneb

coordination product.

Tolerances are established for

residues of a fungicide which is a

coordination product of zinc ion and

maneb (manganous

ethylenebisdithiocarbamate) containing

20 percent manganese, 2.5 percent zinc,

and 77.5 percent

ethylenebisdithiocarbamate (the whole

product calculated as zinc

ethylenebisdithiocarbamate) in or on the

following processed foods, when

present therein as a result of the

application of this fungicide to growing

crops:

20 parts per million in the bran of oats.

[FR Doc. 96–12736 Filed 5–16–96; 2:14 pm]

BILLING CODE 6560–50–F