Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations 26841

PART 165—[AMENDED]

1. The authority citation for 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 § 165.T05030 is added to

read as follows:

§ 165.T05030 Safety Zone: Marcus Hook, PA

and the Delaware Breakwater.

(a) Location.—A safety zone is

established for:

(1) All waters within an area which

extends 500 yards on either side and

1000 yards ahead and astern of the T/

V EMSGAS while the vessel is in the

loaded condition and underway in the

area bonded by the Delaware

Breakwater and the Sun Refining and

Marketing Refinery terminal at Marcus

Hook, Pennsylvania.

(2) All waters within a 200 yard

radius of the T/V EMSGAS while it is

moored at the Sun Refining and

Marketing Refinery terminal in the

loaded condition.

(b) Effective date.—This section is

effective from 12:01 a.m., May 20, 1996

and terminates at 11:59 p.m., June 2,

1996. If the conditions requiring a safety

zone terminate at an earlier date, the

Captain of the Port, Philadelphia, may

advise mariners by Broadcast Notice to

Mariners that the safety zone will not be

enforced.

(c) Regulations.—The following

regulations shall apply within the safety

zone.

(1) No vessel may enter the safety

zone unless its operator obtains

permission of the Captain of the Port or

his designated representative.

(2) As a condition of entry, the COTP

or his designated representative may

order that each vessel:

(i) Maintain a continuous radio guard

on channels 13 and 16 VHF-FM while

underway;

(ii) Not overtake the T/V EMSGAS

unless the overtaking is to be completed

before any bends in the channel, and the

pilots, masters and operators of both

vessels clearly agree on all action

including speeds, time and location of

overtaking.

(iii) Operate at a minimum no wake

speed sufficient to maintain steerage

while T/V EMSGAS is moored at the

Sun Refining and Marketing Refinery

terminal, at Marcus Hook, Pennsylvania;

(iv) Proceed as directed by the

Captain of the Port or by his designated

representative.

(d) Designated COTP

representative.—(1) The designated

representative of the Captain of the Port

is any Coast Guard commissioned,

warrant, or petty officer who has been

authorized by the Captain of the Port,

Philadelphia, Pennsylvania to act on his

behalf. The designated representative

enforcing the safety zone may be

contacted on VHF channels 13 & 16.

(2) The Captain of the Port of

Philadelphia and the Command Duty

Officer at the Marine Safety Office,

Philadelphia, may be contacted at

telephone number (215) 271–4940.

Dated: May 20, 1996.

John E. Veentjer,

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

Port, Philadelphia, PA.

[FR Doc. 96–13418 Filed 5–28–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300416A/R2243; FRL–5371–8]

Prosulfuron; Extension of Pesticide

Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule.

SUMMARY: This rule establishes

tolerances for residues of the herbicide

prosulfuron, 1-(4-methoxy-6-methyltriazin-2-yl)-3-[2- (3,3,3-trifluoropropyl)-

phenylsulfonyl]-urea in or on the raw

agricultural commodities corn (forage,

fodder, grain and fresh [including sweet

kernels plus cobs with husks removed]),

milk, and meat, fat and meat byproducts, of cattle, goats, hogs, horses,

and sheep. The regulation was

requested by Ciba-Geigy Corporation

and establishes the maximum

permissible level for residues of the

herbicide in or on corn.

EFFECTIVE DATE: This regulation

becomes effective May 29, 1996. These

tolerances will expire on December 31,

1999.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [OPP–

300416A/R2243], may be submitted to:

Hearing Clerk (1900), Environmental

Protection Agency, Rm M3708, 401 M

St., SW., Washington, DC 20460. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to EPA Headquarters

Accounting Office 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 request 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@epamil.gov.

Copies of objections and hearing

requests must be submitted as an ACSII

file avoiding the use of special

characters and any firm of encryption.

Copies of objections and hearing

requests will also be accepted on disks

in Word Perfect 5.1 file format or ASCII

file format. All copies of objections and

hearing requests in electronic hearing

requests in electronic form must be

identified by the docket number [OPP–

300416A/R2243]. No Confidential

Business Information (CBI) should be

submitted through e-mail 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 J. Taylor, Product Manager

(PM 25), Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW, Washington, DC 20460.

Office location and telephone number:

Rm. 241, CM #2, 1921 Jefferson-Davis

Hwy., Arlington, VA 22202, (703) 305-

6027; e-mail:

taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a proposed rule (FRL–5349–7), in

the Federal Register of March 6, 1996

(61 FR 8903) which proposed to extend

the tolerances for residues of the

herbicide prosulfuron, 1-(4-methoxy-6-

methyl-triazin-2-yl)-3-[2-(3,3,3-

trifluoropropyl)-phenylsulfonyl]-urea in

or on the raw agricultural commodities

corn (forage, fodder, grain and fresh

[including sweet kernels plus cobs with

husks removed]) at 0.01 part per million

(ppm), milk at 0.01 part per million

(ppm), and meat, fat and meat byproducts, of cattle, goats, hogs, horses,

and sheep at 0.05 part per million

(ppm), to December 31, 1999. These

tolerances with an expiration date were

required by EPA to allow the petitioner,

Ciba-Geigy Corp. to submit additional

data concerning the method trial and

corn metabolism and ruminant

metabolism data. The petitioner has
26842 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations

submitted the method trial and the

method has been validated by an

independent laboratory. Additional time

is being required to complete review of

this method trial and allow additional

time to complete and submit the

required metabolism data.

No comments were received in

response to the proposed rule.

Based on the information cited above

and in the document establishing the

time-limiting tolerance for prosulfuron

(60 FR 24788, May 10, 1995), the

Agency has determined that when used

in accordance with good agricultural

practice, this ingredient is useful and

the tolerances will protect the public

health. Therefore, EPA is establishing

the tolerances as described below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

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 each such

issue, 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 a 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 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 docket number [OPP–

300416A/R2243] (including objections

and hearing requests 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. Written objections and

hearing requests, identified by the

document control number [OPP–

300416A/R2243], may be submitted to

the Hearing Clerk (1900), Environmental

Protection Agency, Rm 3708, 401 M St.,

SW., Washington, DC 20460.

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk can be sent directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption. The official

record for this rulemaking, as well as

the public version, as describes above

will be kept in paper form. Accordingly,

EPA will transfer any objections and

hearing requests received electronically

into printed, paper form as they are

received and will place the paper copies

in the official rulemaking record which

will also include all objections and

hearing requests submitted directly in

writing. The official rulemaking record

is a paper record maintained at the

address in ‘‘ADDRESSES’’ at the

beginning of this document.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to review by the Office Of

Management and Budget (OMB) and the

requirements of the Executive Order.

Under section 3(f), the order defines a

‘‘significant regulatory action’’ as an

action that is likely to result in a rule

(1) having an annual effect on the

economy of $100 millionor 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 referred to 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 the

rights and obligation of recipients

thereof; 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 the

Executive Order, EPA has determined

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

therefore 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

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Food

additive, Pesticides and pests, Reporting

and recordkeeping requirements.

Dated: May 16, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

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 revising § 180.481 to read as

follows:

§ 180.481 Prosulfuron; tolerances for

residues.

Tolerances that expire on the date

indicated in the following table are

established for residues of the herbicide

prosulfuron 1-(4-methoxy-6-methyltriazin-2-yl)-3-[2-(3,3,3-trifluoropropyl)-

phenylsulfonyl]-urea in or on the

following raw agricultural commodities:

Commodity Parts per

million Expiration date

Corn, forage ................................................................................................................................................. 0.01 December 31, 1999
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations 26843

Commodity Parts per

million Expiration date

Corn, fodder ................................................................................................................................................. 0.01 Do.

Corn, grain and fresh [including sweet kernels plus cobs with husks removed]) ....................................... 0.01 Do.

Milk ............................................................................................................................................................... 0.01 Do.

cattle, meat ................................................................................................................................................... 0.05 Do.

cattle, fat ....................................................................................................................................................... 0.05 Do.

cattle, kidney ................................................................................................................................................ 0.05 Do.

cattle, liver, ................................................................................................................................................... 0.05 Do.

cattle, meat by-produts ................................................................................................................................ 0.05 Do.

Goats, meat .................................................................................................................................................. 0.05 Do.

Goats, fat ...................................................................................................................................................... 0.05 Do.

Goats, kidney ............................................................................................................................................... 0.05 Do.

Goats, liver ................................................................................................................................................... 0.05 Do.

Goats, meat by-products .............................................................................................................................. 0.05 Do.

Hogs, meat ................................................................................................................................................... 0.05 Do.

Hogs, fat ....................................................................................................................................................... 0.05 Do.

Hogs, kidney ................................................................................................................................................ 0.05 Do.

Hogs, liver .................................................................................................................................................... 0.05 Do.

Hogs, meat byproducts ................................................................................................................................ 0.05 Do.

Horses, meat ................................................................................................................................................ 0.05 Do.

Horses, fat .................................................................................................................................................... 0.05 Do.

Horses, kidney ............................................................................................................................................. 0.05 Do.

Horses, liver ................................................................................................................................................. 0.05 Do.

Horses, meat by-products ............................................................................................................................ 0.05 Do.

Sheep, meat ................................................................................................................................................. 0.05 Do.

Sheep, fat ..................................................................................................................................................... 0.05 Do.

Sheep, kidney .............................................................................................................................................. 0.05 Do.

Sheep, liver .................................................................................................................................................. 0.05 Do.

Sheep, meat by-products ............................................................................................................................. 0.05 Do.

[FR Doc. 96–13444 Filed 5–28–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 5F4469/R2225; FRL–5357–5]

RIN 2070–AB78

Prosulfuron; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is establishing timelimited tolerances for residues of the

herbicide prosulfuron, 1-(4-methoxy-6-

methyl-triazin-2-yl)-3-[2-(3,3,3-

trifluoropropyl)-phenylsulfonyl]-urea in

or on the raw agricultural commodities

cereal grains group (except rice and

wild rice), grain; cereal grains group

(except rice and wild rice), forage; cereal

grains group (except rice and wild rice),

fodder, cereal grains group (except rice

and wild rice), straw; and cereal grains

group (except rice and wild rice), hay.

The Agency has not completed the

regulatory assessment of the science

findings; therefore, these tolerances are

being established with an expiration

date. These tolerances were requested

by the Ciba-Geigy Corporation.

EFFECTIVE DATE: This regulation

becomes effective May 29, 1996. These

tolerances will expire on December 31,

1999 .

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 5F4469/

R2225], may be submitted to: Hearing

Clerk (1900), Environmental Protection

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

Washington, DC 20460. A copy of any

objections and hearing requests filed

with the Hearing Clerk should be

identified by the docket 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. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251.

An electronic copy of objections and

hearing requests filed with the Hearing

Clerk may be submitted to OPP by

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

Copies of electronic objections and

hearing requests must be submitted as

an ASCII file avoiding the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

electronic objections and hearing

requests must be identified by the

docket number [PP 5F4469/R2225] . No

Confidential Business Information (CBI)

should be submitted through e-mail.

Copies of electronic 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 J. Taylor, Product Manager

(PM) 25, Registration Division (7505C),

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 245, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA 22202, 703–

305–6800, e-mail:

taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 17, 1996 (61

FR 16742) (FRL–5357–5), EPA issued a

proposed rule proposing to establish

time-limited tolerances for residues of

the herbicide prosulfuron on cereal

grains group (except rice and wild rice),

grain at 0.01 ppm; cereal grains group

(except rice and wild rice), forage at

0.10 ppm; cereal grains group (except

rice and wild rice), fodder at 0.01 ppm;

cereal grains group (except rice and

wild rice), straw at 0.02 ppm; and cereal

grains group (except rice and wild rice),

hay at 0.20 ppm. In the proposed rule

EPA said that it was revising § 180.481;

however, EPA did not intend that