29676 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

‘‘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. 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 28, 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 180.472(a) is amended by

revising the table therein by adding and

alphabetically inserting the following

commodities to read as follows:

§ 180.472 1-[(6-Chloro-3-pyridinyl)methyl]-

N-2-imidazolidinimine; tolerances for

residues.

(a) * * *

Commodity Parts per million

* * * * *

Leafy greens subgroup 3.5

Leafy vegetables crop

group

3.5

* * * * *

* * * * *

[FR Doc. 96–14629 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 5F4485/R2232; FRL–5364–3]

RIN 2070–AB78

Bifenthrin; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes a

tolerance for residues of the pesticide

bifenthrin in or on the raw agricultural

commodity strawberries. The regulation

to establish a maximum permissible

level for residues of the pesticide was

requested in a petition submitted by

FMC Corporation.

EFFECTIVE DATE: This regulation

becomes effective June 12, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number [PP 5F4485/

R2232], 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 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 Highway, 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:

opp-docket 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 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 5F4485/R2232].

No Confidential Business Information

(CBI) should be submitted through email. 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: George T. LaRocca, Product

Manager (PM) 13, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: Rm. 204, CM #2, 1921

Jefferson Davis Highway, Arlington, VA,

(703) 305–6100; e-mail:

larocca.george.@epamail. epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a notice, published in the

Federal Register of June 15, 1995 (60 FR

31466), which announced that FMC

Corporation, 1735 Market Street,

Philadelphia, PA 19103, had submitted

a pesticide petition (PP 5F4485) to EPA

requesting that the Administrator,

pursuant to section 408(d) of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 346a(d), establish a tolerance

for the residues of the pyrethroid

bifenthrin (2-methyl(1,1-biphenyl)-3-

yl)methyl-3-(2-chloro-3,3,3-trifluoro-1-

propenyl-2,2-

dimethylcyclopropanecarboxylate) in or

on the raw agricultural commodity

strawberries at 3.0 parts per million

(ppm).

No comments were received in

response to the notice of filing.

The scientific data submitted in

support of this petition and other

relevant material have been evaluated.

The toxicological and metabolism data

considered in support of this tolerance

are discussed in detail in a related

document published in the Federal

Register of June 22, 1994 (59 FR 32167).

A chronic dietary exposure/risk

assessment has been performed for

bifenthrin using a Reference Dose (RfD)

of 0.015 mg/kg of bwt/day. The RfD was

based on a No Observed Effect Level

(NOEL) of 1.5 mg/kg/day from the 1-

year study in dogs and a safety factor of

100. The endpoint effect of concern was

intermittent tremors in test animals at

the lowest effect level. The chronic

exposure analysis was performed using

tolerance level residues and 100 percent

crop treated information. The current

estimated dietary exposure for the
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29677

overall U.S. population resulting from

established tolerances is 0.002641 mg/

kg of bwt/day, which represents 17.6

percent of the RfD, and for non-nursing

infants (< 1 yr old) the subgroup

population exposed to the highest risk

the estimated dietary exposure is

0.008183, which represents 54.6 percent

of the RfD. The current action will

increase the exposure for the overall

U.S. population to 0.002745 mg/kg of

bwt/day or 18.3 percent of the RfD and

for non-nursing infants (< 1 yr old) to

0.008265 mg/kg of bwt/day or 55.1

percent of the RfD. Generally speaking,

the Agency has no concern if for all

published and proposed tolerances

dietary exposure is less than the RfD.

Because there was a sign of

developmental effects seen in animal

studies, the Agency used the rat

developmental toxicity study with a

maternal NOEL of 1 mg/kg/day to assess

acute dietary exposure and determine a

margin of exposure (MOE) for the

overall U.S. population and certain

subgroups. Since the toxicological endpoint pertains to developmental

toxicity, the population group of

concern for this analysis is women age

13 and above, the subgroup which most

closely approximates women of childbearing age. The MOE is calculated as

the ratio of the NOEL to the exposure.

For this analysis the Agency calculated

the MOE for women age 13 and above

to be 200. Generally speaking, MOE’s

greater than 100 for data derived from

animal studies are regarded as showing

no appreciable risk.

The metabolism of the chemical in

plants and animals for the use is

adequately understood. Secondary

residues occurring in livestock and their

by-products are not expected since there

are no known animal feed stock uses for

strawberries. Adequate analytical

methodology (Gas liquid

chromatography with an electron

capture detector) is available for

enforcement purposes. The enforcement

methodology has been submitted to the

Food and Drug Administration for

publication in the Pesticide Analytical

Manual, Vol. II (PAM II). Because of the

long lead time for publication of the

method in PAM II, the analytical

methodology is being made available in

the interim to anyone interested in

pesticide enforcement when requested

from Calvin Furlow, Public Response

and Program Resource Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, U.S. Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Rm. 1132, CM

#2, 1921 Jefferson-Davis Hwy.,

Arlington, VA 22202, (703) 305–5232.

The tolerances established by

amending 40 CFR part 180 will be

adequate to cover residues in or on

strawberries. The pesticide is

considered useful for the purposes

which it is sought and capable of

achieving the intended physical or

technical effect. 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

tolerance established by amending 40

CFR part 180 would protect the public

health. Therefore, the 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

and/or request a hearing 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 docket number [PP

5F4485/R2232] (including comments

and data submitted electronically). A

public version of this record, including

printed, paper version 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, Crystall 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 all comments 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

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), 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 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
29678 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

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 28, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 is

amended to read as follows:

PART 180—[AMENDED]

1. The authority citation of part 180

continues to read as follows:

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

2. Section 180.442 is amended by

redesignating and revising the current

introductory text and commodity table

as paragraph (a) and adding a new

paragraph (b) to read as follows:

§ 180.442 Bifenthrin; tolerances for

residues.

(a) Tolerances, to expire November

15, 1997, are established for residues of

the pyrethroid bifenthrin, (2-methyl(1,1-

biphenyl)-3-yl)methyl-3-(2-chloro-3,3,3-

trifluoro-1-propenyl)-2,2-

dimethylcyclopropanecarboxylate, in or

on the following commodities:

* * * * *

(b) Tolerances, are established for

residue of the pyrethroid bifenthrin, (2-

methyl(1,1-biphenyl)-3-yl)methyl-3-(2-

chloro-3,3,3-trifluoro-1-propenyl)-2,2-

dimethylcyclopropanecarboxylate, in or

on the following commodity:

Commodity Parts per million

Strawberries ......................... 3.00

[FR Doc. 96–14630 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5518–6]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Deletion of New Castle

Spill Site from the National Priorities

List (NPL).

SUMMARY: EPA, Region 3, announces the

deletion of the New Castle Spill Site,

New Castle, Delaware, from the National

Priorities List (NPL). The NPL is

Appendix B of 40 CFR part 300, the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP). EPA

promulgated the NCP pursuant to

section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended. EPA and the

State of Delaware Department of Natural

Resources and Environmental Control

(DNREC) have determined that all

appropriate CERCLA actions have been

implemented, that the Site poses no

significant threat to public health or the

environment, and that no further

cleanup by responsible parties is

necessary.

EFFECTIVE DATE: June 12, 1996.

ADDRESSES: Comprehensive information

on this Site is available through the

public docket which is available for

viewing at the Site information

repositories at the following locations:

Hazardous Waste Technical Information

Center, 9th Floor, U.S. EPA, Region 3,

841 Chestnut Building, Philadelphia,

PA, (215) 597–6633.

Delaware Department of Natural

Resources and Environmental Control,

715 Grantham Lane, New Castle, DE,

(302) 323–4540.

FOR FURTHER INFORMATION CONTACT:

Stephanie Dehnhard (3HW23), U.S. EPA

Region 3, 841 Chestnut Building,

Philadelphia, PA 19107, (215) 597–

3167.

SUPPLEMENTARY INFORMATION: EPA

announces the deletion of the New

Castle Spill Site located in New Castle,

Delaware, from the National Priorities

List (NPL). The NPL is Appendix B of

the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), 40 CFR Part 300. EPA identifies

sites that appear to present a significant

risk to public health, welfare, or the

environment and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of remedial actions

financed by the Hazardous Substances

Superfund Response Trust Fund (Fund).

Pursuant to CERCLA, 42 U.S.C. section

9605 (40 CFR 300.425(e)(3) of the NCP),

any site deleted from the NPL remains

eligible for Fund-financed remedial

actions in the event that conditions at

the site warrant such action in the

future. Deletion of a site from the NPL

does not affect responsible party

liability or impede agency efforts to

recover costs associated with response

efforts.

A Notice of Intent to Delete the New

Castle Spill Site from the NPL was

published on March 21, 1996 in the

Federal Register (56 FR 11597). The

closing date for comments on the Notice

of Intent to Delete was April 22, 1996.

EPA received comments on the

proposed deletion. The responsiveness

summary is attached.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

191 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the site ‘‘New

Castle Spill, New Castle County,

Delaware’’.

Dated: May 16, 1996.

W. T. Wisniewski,

Acting Regional Administrator, U.S. EPA

Region 3.

[FR Doc. 96–14770 Filed 6–11–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8000

[WO–340–1220–00–24 1A]

RIN 1004–AC51

Recreation Programs

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final Rule; removal.

SUMMARY: This final rule removes 43

CFR Part 8000—Recreation Programs

regarding recreation programs on public

lands, in its entirety. 43 CFR Part

8000—Recreation Programs contains no

substantive material that is not repeated

in subsequent sections of 43 CFR. The

Bureau of Land Management (BLM) will