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
Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations 25155

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 91

RIN 1018–AD71

Migratory Bird Hunting and

Conservation Stamp (Federal Duck

Stamp) Contest

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) revises the regulations

governing the conduct of the annual

Migratory Bird Hunting and

Conservation Stamp (Federal Duck

Stamp) Contest. The amendments

include the following changes: correct

the common and Latin name of

American Green-winged Teal; deadline

August 30 for submitting entry; entrant

must be 18 years of age by July 1 to

participate in contest; entry fee

increased to $100.00; other living

creatures, hunting scenes may be part of

the design; Interior liability limited to

amount of entry fee; third round of

voting, judges indicate numerical score

from 3 to 5 for each entry; and for tie

vote use same method as round three.

EFFECTIVE DATE: The rule is effective July

1, 1996, the beginning of the 1996–97

contest.

ADDRESSES: Manager of Licensing,

Federal Duck Stamp Contest, U.S. Fish

and Wildlife Service, Department of the

Interior, 1849 C Street, NW, Suite 2058,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT:

Mrs. Lita F. Edwards, (202) 208–4354.

SUPPLEMENTARY INFORMATION: The

Service published the proposed rule to

amend these regulations on March 14,

1996 (61 FR 10557).

The Federal Duck Stamp Contest is

the only Federal agency-run art contest

and has been in existence since 1949

with the 1950 stamp the first to be

selected in open competition. The

Federal Duck Stamp’s main use is a

revenue stamp needed by waterfowl

hunters. This year’s Contest and species

information follows:

1. Contest schedule:

1996–97 Federal Duck Stamp Contest—

October 15–17, 1996

Public viewing—Tuesday, October 15

from 10:00 a.m. to 2:00 p.m.

Judging—Wednesday, October 16 at

10:30 a.m. through Thursday, October

17 at 9:00 a.m.

2. The Contest will be held at the

Department of the Interior building,

Auditorium (C Street entrance), 1849 C

Street, NW, Washington, DC.

3. The five eligible species for the

Contest: (1) Black Duck; (2) Canada

Goose; (3) Greater Scaup; (4) American

Green-winged Teal; and (5) Northern

Pintail.

As part of an effort to keep pace with

the cost of administering and making

minor improvements to the Contest, the

Service makes the following changes to

this year’s contest:

1. The Service corrects the common

and Latin name of American Greenwinged Teal.

2. Persons wishing to enter this year’s

Contest may submit entries anytime

after July 1, but all entries must be

postmarked no later than midnight

Friday, August 30, 1996.

3. The Service increases the fee for art

contest entrants to $100.00. Contest

expenses have escalated each year and

this increase will defray Service

expenses in administering the Contest.

4. The Service requires that all

entrants must be 18 years of age as of

July 1 to participate in the Contest, as

18 is considered the general age of

majority by most jurisdictions.

5. The Service clarifies that other

living creatures, scenes, designs may be

part of the design as long as living

migratory birds are the dominant

feature.

6. Each contestant is responsible for

obtaining adequate insurance coverage

for his/her entry. The Department of the

Interior is not responsible for loss or

damage unless it is caused by its

negligence, or willful misconduct and

the amount will not exceed the amount

of the entry fee.

7. The Service modifies contest

procedures for the third round of

judging to allow more consistent scores.

8. In case of a tie vote, judges will use

the same process in voting as in the

third round to ensure consistency in

scoring.

This regulation was not subject to

Office of Management and Budget

review under Executive Order 12866.

These final regulations have been

examined under the Paperwork

Reduction Act of 1995 and have been

found to contain no information

collection requirements. The

Department of the Interior has

determined that this regulation will not

have significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) as the changes/

revisions to the Contest will affect

individuals not businesses or other

small entities as defined in the Act. The

Service received 1,038 entries for the

past 2 years. The fee increase to $100.00

per entrant from $50.00 per entrant

represents a $50.00 total increase per

entrant. The 2 year average of entries

received is 519. If those figures remain

constant, then approximately

$25,000.00 is the estimated annual

increase to the public to participate in

the program.

The Service has determined and

certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost

of $100 million or more in any given

year on local or State governments or

private entities.

Analysis of Public Comment

The Service received no comments

from the public on the changes to the

regulations.

List of Subjects in 50 CFR Part 91

Hunting, Wildlife.

Accordingly, Title 50, Part 91 of the

Code of Federal Regulations is amended

as follows:

PART 91—[AMENDED]

1. The authority citation for Part 91

continues to read as follows:

Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31

U.S.C. 9701

2. Section 91.4 is amended by revising

paragraph (e)(4) to read as follows:

§ 91.4 Eligible species.

* * * * *

(e) * * *

(4) American Green-winged Teal

(Anas crecca carolinensis)

* * * * *

3. Section 91.11 is amended by

revising paragraph (b) to read as follows:

§ 91.11 Contest deadlines.

* * * * *

(b) Entries must be postmarked no

later than midnight of August 30.

4. Section 91.12 is revised to read as

follows:

§ 91.12 Contest eligibility.

United States citizens, nationals, or

resident aliens are eligible to participate

in the contest. Any person who has won

the contest during the preceding three

years will be ineligible to submit an

entry in the current year’s contest. All

entrants must be 18 years of age as of

July 1 to participate in the Federal Duck

Stamp Contest. Contest judges and their

relatives are ineligible to submit an

entry. All entrants must submit a nonrefundable fee of $100.00 by a cashiers

check, certified check, or money order

made payable to: U.S. Fish and Wildlife

Service. (Personal checks will not be

accepted.) All entrants must submit

signed Reproduction Rights and Display

and Participation Agreements.
25156 Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations

5. Section 91.14 is revised to read as

follows:

§ 91.14 Restrictions on subject matter of

entry.

A live portrayal of any bird(s) of the

five or fewer identified eligible species

must be the dominant feature of the

design. The design may depict more

than one of the eligible species. Designs

may include, but are not limited to,

hunting dogs, hunting scenes, use of

waterfowl decoys, National Wildlife

Refuges as the background of habitat

scenes, and other designs that depict the

sporting, conservation, stamp collecting

and other uses of the stamp. The overall

mandate will be to select the best design

that will make an interesting, useful and

attractive duck stamp that will be

accepted and prized by hunters, stamp

collectors, conservationists, and others.

The design must be the contestant’s

original creation and may not be copied

or duplicated from previously published

art, including photographs. An entry

submitted in a prior contest that was not

selected for the Federal or a state stamp

design may be submitted in the current

contest if it meets the above criteria.

6. Section 91.17 is revised to read as

follows:

§ 91.17 Property insurance for entries.

Each contestant is responsible for

obtaining adequate insurance coverage

for his/her entry. The Department of the

Interior will not insure the entries it

receives nor is it responsible for loss or

damage unless it is caused by its

negligence or willful misconduct. In any

event, the liability of the Department of

the Interior will not exceed the amount

of the entry fee as specified in § 91.12.

7. Section 91.24 is amended by

revising paragraphs (h) and (i) to read as

follows:

§ 91.24 Contest procedures.

* * * * *

(h) In the third round of judging, the

judges will vote on the remaining

entries using the same method as in

round two, except they would indicate

a numerical score from 3 to 5 for each

entry. The Contest Coordinator will

tabulate the final votes and present

them to the Director, U.S. Fish and

Wildlife Service, who will announce the

winning entry as well as the entries that

placed second and third.

(i) In case of a tie vote for first,

second, or third place in the third

round, the judges will vote again on the

entries that are tied. The judges will

vote using the same method as in round

three.

* * * * *

Dated: April 25, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–12569 Filed 5–17–96; 8:45 am]

BILLING CODE 4310–55–M