Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations 24893

Paperwork Reduction Act (44 U.S.C.

3501 et. seq.).

Federalism

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612, and has determined that this rule

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section 2.B.2.

of Commandant Instruction M16475.1B

it will have no significant

environmental impact and it is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security Measures,

Waterways.

Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

1. The authority citation for 33 CFR

part 165 continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A new section 165.T11–058 is

added to read as follows:

§ 165.T1158 Safety zone: Long Beach

Harbor, CA

(a) Location. All waters within the

boundaries defined by the line

connecting the following coordinates

are established as a safety zone (Datum:

NAD 83):

Latitude Longitude

33° 44.5′ N 118° 11.2′ W.

33° 44.5′ N 118° 10.9′ W.

33° 44.3′ N 118° 10.8′ W.

33° 44.0′ N 118° 10.8′ W.

33° 44.0′ N 118° 11.1′ W.

(b) Effective Date. This section is

effective at 12:01 a.m. PDT on April 24,

1996. It will remain in effect until 12:01

a.m. PDT on March 31, 1997 unless

cancelled earlier by the Captain of the

Port.

(c) Regulations. The general

regulations governing safety zones

contained in 33 CFR 165.23 apply. No

person or vessel may enter or remain

within the designated zones without the

permission of the Captain of the Port

Los Angeles-Long Beach, California or

his representative.

Dated: April 24, 1996.

E.E. Page,

Captain, U.S. Coast Guard, Captain of the

Port, Los Angeles-Long Beach, California.

[FR Doc. 96–12427 Filed 5–16–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[PP 5F4445/R2235; FRL–5366–4]

Allyl Isothiocyanate as a Component of

Food Grade Oil of Mustard; Exemption

From the Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes an

exemption from the requirement for a

tolerance for residues of the insecticide

and repellent, Allyl isothiocyanate (as a

component of food grade Oil of

Mustard), in or on all raw agricultural

commodities, when applied according

to approved labeling. Champon 100%

Natural Products, Inc. of Boca Raton,

Florida, requested this exemption.

EFFECTIVE DATE: This regulation

becomes effective May 17, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [[PP 5F4445/

R2235], may be submitted to: Hearing

Clerk (1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk should be

identified by the document control

number and submitted to: 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 copy of objections and

hearing requests to: Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket number [PP 5F4445/R2235].

No Confidential Business Information

(CBI) should be submitted through email. Electronic copies of objections and

hearing requests on this rule 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: Robert Forrest, Product Manager

(PM) 14, Registration Division (7505C),

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 219, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA 22202. (703)

[305–6600].

SUPPLEMENTARY INFORMATION: In the

Federal Register of October 25, 1995,

(60 FR 54689), EPA issued a notice that

Champon 100% Natural Products, Inc.,

had submitted pesticide petition (PP)

5F4445 to EPA proposing to amend 40

CFR part 180 by establishing a

regulation pursuant to section 408 of the

Federal Food, Drug, and Cosmetic Act

(FFDCA), 21 U.S.C. 346a(d), ‘‘... to

establish an exemption from the

requirement of a tolerance for allyl

isothiocyanate (a component of oil of

mustard) in or on all fruits and

vegetables, nuts, berries, and grains.’’

There were no public comments

received as a result of the publication of

the notice of filing.

Allyl isothiocyanate, the subject of

this exemption request, is a component

of Oil of Mustard. The Agency has

registered this active ingredient as a dog

or cat repellent since 1962. Then, in

1991, the Agency registered three

products as an insecticide and repellent

to Champon 100% Natural Products for

non-food/non-feed uses. This exemption

request expands the use of this active

ingredient for food/feed uses.

The Agency has evaluated the data

and other relevant material submitted

with the petition or obtained from other

sources. These data and material show

that:

1. Allyl isothiocyanate, as a

component of oil of mustard, is on the

Food and Drug Administration (FDA)

Generally Recognized as Safe (GRAS)

list (21 CFR 182.10, 182.20, 582.10 and

582.20).
24894 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations

2. Oil of Mustard, as a component of

household Yellow Mustard and Brown

Mustard, has been used in a variety of

food products [baked goods, oils, meats,

processed vegetables, snack foods,

soups, nut products, and gravies at

concentrations up to 18,344 parts per

million (ppm)], for a long time, without

any known deleterious health effects.

3. The Acute Oral LD50 for Allyl

isothiocyanate, in rats, is 339 mg/kg

body weight (Toxicity Category II). An

end-use formulation, as applied,

contains only 0.2% Allyl

isothiocyanate, which represents a 500-

fold dilution of active ingredient.

4. The Acute Oral LD50 for Oil of

Mustard, in rats, is 14.8 g/kg body

weight (Toxicity Category IV).

The toxicology data and other

information provided are sufficient to

demonstrate that there are no

foreseeable human health hazards likely

to arise from the use of the insecticide,

Allyl isothiocyanate (as a component of

food grade Oil of Mustard), in or all raw

agricultural commodities.

This pesticide/repellent is considered

useful for the purpose for which the

exemption from tolerance is sought and

capable of achieving its physical or

technical effect.

Based on the information considered,

the Agency concludes that

establishment of a tolerance is not

necessary to protect the public health.

Therefore, the exemption from tolerance

is established as set forth below.

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 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).

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the order defines

‘‘significant’’ as those actions likely to

lead to a rule (1) having an annual effect

on the economy of $100 million or

more, or adversely and materially

affecting a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities (also known as

‘‘economically significant’’); (2) creating

serious inconsistency or otherwise

interfering with an action taken or

planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review. In

addition, 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 considerations 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

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: May 8, 1996.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

PART 180—[AMENDED]

Therefore, 40 CFR Part 180 is

amended as follows:

1. The authority citation for part 180

continues to read as follows:

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

2. By adding § 180.1167 to subpart D

to read as follows:

§ 180.1167 Allyl isothiocyanate as a

component of food grade oil of mustard;

exemption from the requirement of a

tolerance.

The insecticide and repellent Allyl

isothiocyanate is exempt from the

requirement of a tolerance for residues

when used as a component of food

grade oil of mustard, in or on all raw

agricultural commodities, when applied

according to approved labeling.

[FR Doc. 96–12351 Filed 5–16–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5507–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deletion of the A.L.

Taylor Superfund Site, Brooks,

Kentucky from the National Priorities

List.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) announces the

deletion of the A.L. Taylor Superfund

Site in Brooks, Kentucky, from the

National Priorities List (NPL) (Appendix

B of 40 CFR Part 300 which is the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP)). EPA

and the Commonwealth of Kentucky

have determined that all appropriate

Fund-financed responses under the

Comprehensive Environmental

Response, Compensation and Liability

Act (CERCLA), as amended, have been

implemented and that no further

cleanup is appropriate. Moreover, EPA

and the Commonwealth of Kentucky

determined that response actions