3330 Federal Register / Vol. 61, No. 21 / Wednesday, January 31, 1996 / Rules and Regulations

Nationwide Food Consumption Survey

(NFCS) and accumulates exposure to the

chemical for each commodity. Each

analysis assumes uniform distribution

of chlorpyrifos in the commodity. Since

the toxicological endpoint to which

exposure is being compared in this

analysis is neurotoxicity, four human

population subgroups (infants, less than

1 year old; children, 1-12 years old;

females, 13 years old and older; males,

13 years old and older), as well as the

overall population, are of interest.

The Margin of Exposure (MOE) is the

ratio of the NOEL to the exposure

(NOEL/exposure = MOE). For

neurotoxicity, the Agency is generally

not concerned unless the MOE is below

10 when the NOEL is based on human

data. Using refined exposure estimates

generated in the preparation of the

Reregistration Eligibility Document

(RED) for chlorpyrifos, MOEs are greater

than 10 for all population subgroups

evaluated except for children 1 through

6 years. Although the Agency has

concerns when low MOEs are

calculated, this tolerance action does

not raise risk concerns. The MOEs are

not affected by the rule because any

incremental change in exposure

resulting from the tolerances for pears,

nectarines, peaches, and plums is

negligible. Thus MOEs are not changed

by the tolerances for these commodities,

much less by the raising of the tolerance

from 0.01 ppm to 0.05 ppm. It should

also be noted that the Agency will

reassess chlorpyrifos tolerances in

general as part of the reregistration

process. The RED is scheduled to be

issued in 1996.

A record has been established for this

rulemaking under docket number [PP

4E4288 and 4E4289/R2198] (including

any 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.

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 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 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 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

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 obligations 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 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: January 24, 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. In § 180.342, by revising paragraph

(e), to read as follows:

§ 180.342 Chlorpyrifos; tolerances for

residues.

* * * * *

(e) Tolerances are established as

follows for residues of the insecticide

chlorpyrifos [O,O-diethyl O-(3,5,6-

trichloro-2-pyridyl) phosphorothioate]

in or on the following raw agricultural

commodities:

Commodity Parts per

million

Nectarines ................................. 0.05

Peaches .................................... 0.05

Pears ......................................... 0.05

Plums ........................................ 0.05

* * * * *

[FR Doc. 96–1905 Filed 1–26–96; 2:55 pm]

BILLING CODE 6560–50–F
Federal Register / Vol. 61, No. 21 / Wednesday, January 31, 1996 / Rules and Regulations 3331

[FRL–5406–7]

40 CFR Part 300

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Deletion of the

Ossineke Groundwater Contamination

Superfund Site from the National

Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Ossineke Groundwater

Contamination site in Michigan from

the National Priorities List (NPL). The

NPL is Appendix B of 40 CFR part 300

which is the National Oil and

Hazardous Substances Contingency Plan

(NCP), which EPA promulgated

pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA and the State of Michigan have

determined that all appropriate Fundfinanced responses under CERCLA have

been implemented and that no further

response by responsible parties under

CERCLA is appropriate. The site is

being addressed under the Subtitle I

provisions of RCRA.

EFFECTIVE DATE: January 31, 1996.

FOR FURTHER INFORMATION CONTACT: Rita

Garner-Davis at (312) 886–2440,

Associate Remedial Project Manager,

Office of Superfund, U.S. EPA—Region

V, 77 West Jackson Blvd., Chicago, IL

60604. Information on the site is

available at: EPA Region V docket room

at the above address and at the Alpenda

Bank; 11686 U.S. Highway 23 south;

Ossineke, MI 49766.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is the Ossineke

Groundwater Contamination Site in

Ossineke, Michigan. A Notice of Intent

to Delete was published August 11,

1995 (60 FR 41051) for this site. The

closing date for comments on the Notice

of Intent to Delete was September 11,

1995. EPA received no comments.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede Agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Hazardous

Waste, Chemicals, Hazardous

substances, Reporting and

recordkeeping requirements, Superfund,

Water pollution control, Water supply.

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,

1991 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 Ossineke

Ground Water Contamination, Ossineke,

Michigan.

Dated: December 19, 1995.

David Ullrich,

Acting Regional Administrator U.S. EPA,

Region V.

[FR Doc. 96–1710 Filed 1–30–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1–276]

Organization and Delegation of Powers

and Duties Delegation to the

Commandant, United States Coast

Guard

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation is delegating to the

Commandant, United States Coast

Guard, the authority contained in 46

U.S.C. Chapter 47, abandonment of

barges, and § 12301(b), numbering of

undocumented barges. In order that the

Code of Federal Regulations reflect

these delegations, a change is necessary.

EFFECTIVE DATE: January 31, 1996.

FOR FURTHER INFORMATION CONTACT: LT

Chris Hayes, Office of Marine Safety,

Security and Environmental Protection

(G–MRO–3), (202) 267–2614, U.S. Coast

Guard, 2100 Second Street, SW.,

Washington, DC 20593; or Steven B.

Farbman, Office of the Assistant General

Counsel for Regulation and

Enforcement, C–50, (202) 366–9307,

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590.