Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33057

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments can be sent

directly to EPA at:

opp-Docket@epamail.epa.gov

Electronic comments 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 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.

IV. Regulatory Assessment

Requirements

A. Executive Order 12866

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 entitlements,

grants, user fees, or loan programs or the

rights and obligations 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 this

Executive Order, it has been determined

that this rule is not a ‘‘significant

regulatory action,’’ because it does not

meet any of the regulatory-significance

criteria listed above.

B. Regulatory Flexibility Act

This proposed rule has been reviewed

under the Regulatory Flexibility Act of

1980 [Pub. L. 96–354; 94 Stat. 1164, 5

U.S.C. 601 et seq.] and EPA has

determined that it will not have a

significant economic impact on a

substantial number of small businesses,

small governments, or small

organizations.

Accordingly, I certify that this

proposed rule does not require a

separate regulatory flexibility analysis

under the Regulatory Flexibility Act.

C. Paperwork Reduction Act

This proposed regulatory action does

not contain any information collection

requirements subject to review by OMB

under the Paperwork Reduction Act of

1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates Reform Act

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).

List of Subjects in 40 CFR Part 180

Administrative practice and

procedure, Agricultural commodities,

Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: June 11, 1996.

Lois Rossi,

Director, Special Review and Reregistration

Division, Office of Pesticide Programs.

Therefore, 40 CFR, chapter I, part 180

is proposed to be 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 180.184 is revised to read

as follows:

§ 180.184 Linuron, tolerances for residues.

(a) Tolerances are established for the

residues of the combined residues of the

herbicide linuron (3-(3,4-

dichlorophenyl)- 1-methoxy-1-

methylurea) and its metabolites

convertible to 3,4- dichloroaniline,

calculated as linuron, in or on the

following raw agricultural commodities:

Commodity Parts per

million

Asparagus ................................. 7

Commodity Parts per

million

Carrot ........................................ 1

Cattle, fat .................................. 0.1

Cattle, kidney ............................ 1

Cattle, liver ................................ 1

Cattle, meat .............................. 0.1

Cattle, mbyp (except liver and

kidney) ................................... 0.1

Celery ........................................ 0.5

Corn, field, forage ..................... 0.1

Corn, field, grain ....................... 0.1

Corn, field, stover ..................... 6

Corn, sweet (K+CWHR) ........... 0.25

Corn, sweet, forage .................. 1

Corn, sweet, stover ................... 1

Cottonseed ................................ 0.75

Goats, fat .................................. 0.1

Goats, kidney ............................ 1

Goats, liver ................................ 1

Goats, meat .............................. 0.1

Goats, mbyp (except liver and

kidney) ................................... 0.1

Hogs, fat ................................... 0.1

Hogs, kidney ............................. 1

Hogs, liver ................................. 1

Hogs, meat ............................... 0.1

Hogs, mbyp (except liver and

kidney) ................................... 0.1

Horses, fat ................................ 0.1

Horses, kidney .......................... 1

Horses, liver .............................. 1

Horses, meat ............................ 0.1

Horses, mbyp (except liver and

kidney) ................................... 0.1

Parsnips, roots .......................... 0.5

Potatoes .................................... 0.2

Sheep, fat ................................. 0.1

Sheep, kidney ........................... 1

Sheep, liver ............................... 1

Sheep, meat ............................. 0.1

Sheep, mbyp (except liver and

kidney) ................................... 0.1

Sorghum, fodder ....................... 1

Sorghum, forage ....................... 1

Sorghum, grain ......................... 0.25

Soybeans .................................. 1

Soybeans, forage ...................... 1

Soybeans, hay .......................... 1

Wheat, forage ........................... 0.5

Wheat, grain ............................. 0.1

Wheat, hay ................................ 0.5

Wheat, straw ............................. 2.0

(b) Tolerances with regional

registration, as defined in § 180.1(n) are

established for the residues of the

combined residues of the herbicide

linuron (3-(3,4-dichlorophenyl)-1-

methoxy-1- methylurea) and its

metabolites convertible to 3,4-

dichloroaniline, calculated as linuron,

in or on the following raw agricultural

commodities:

Commodity Parts per

million

Parsley ...................................... 0.25

[FR Doc. 96–15597 Filed 6–25–96; 8:45 am]

BILLING CODE 6560–50–F
33058 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

40 CFR Part 180

[PP–5E4472/P667; FRL–5378–2]

RIN 2070–AC18

Copper 8-quinolinolate; Proposed

Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This document proposes that

residues of copper 8-quinolinolate (CAS

Reg. No. 10380–28–6) be exempted from

the requirement of a tolerance when

used as an inert ingredient

(preservative) in pesticidally treated

paper products used on growing crops.

This proposed regulation was requested

by American Agricultural Services Inc.,

pursuant to the Federal Food, Drug, and

Cosmetic Act (FFDCA).

DATES: Comments, identified by the

docket number [PP 5E4472/P667], must

be received on or before July 26, 1996.

ADDRESSES: By mail, submit written

comments 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

deliver comments to: Rm. 1132, CM #2,

1921 Jefferson Davis Highway,

Arlington, VA.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

will be included in the public docket by

EPA without prior notice. The public

docket is available for public inspection

in Rm. 1132 at the Virginia address

given above, from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays.

Comments and data may also be

submitted electronically by sending

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

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket

number, [PP 5E4472/P667]. No CBI

should be submitted through e-mail.

Electronic comments on this proposed

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: Amelia M. Acierto, Registration

Support Branch, Registration Division

(7505W), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: 2800 Crystal Drive,

North Tower, Arlington, VA, (703)308–

8375, e-mail:

acierto.amelia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: American

Agricultural Services, Inc., 404 E.

Chatham St., Cary, NC 27511, has

submitted pesticide petition (PP)

5E4472 to EPA requesting that the

Administrator, pursuant to section

408(e) of the Federal Food, Drug, and

Cosmetic Act, 21 U.S.C. 346a(e),

propose to amend 40 CFR 180.1001(d)

by establishing an exemption from the

requirement of a tolerance for copper 8-

quinolinolate (CAS Reg. No. 10380–28–

6) when used as an inert ingredient

(preservative) in pesticidally treated

paper products used on growing crops

under 40 CFR 180.1001(d).

Inert ingredients are all ingredients

that are not active ingredients as defined

in 40 CFR 153.125 and include, but are

not limited to, the following types of

ingredients (except when they have a

pesticidal efficacy of their own):

solvents such as alcohols and

hydrocarbons; surfactants such as

polyoxyethylene polymers and fatty

acids; carriers such as clay and

diatomaceous earth; thickeners such as

carrageenan and modified cellulose;

wetting, spreading, and dispersing

agents; propellants in aerosol

dispensers; microencapsulating agents;

and emulsifiers. The term ‘‘inert’’ is not

intended to imply nontoxicity; the

ingredient may or may not be

chemically active.

The data submitted in the petition

and other relevant material have been

evaluated. As part of the EPA policy

statement on inert ingredients published

in the Federal Register of April 22, 1987

(52 FR 13305), the Agency set forth a list

of studies which would generally be

used to evaluate the risks posed by the

presence of an inert ingredient in a

pesticide formulation. However, where

it can be determined without that data

that the inert ingredient will present

minimal or no risk, the Agency

generally does not require some or all of

the listed studies to rule on the

proposed tolerance or exemption from

the requirement of a tolerance for an

inert ingredient. The Agency has

decided that no data, in addition to that

described below, for copper 8-

quinolinolate will need to be submitted.

The rationale for this decision is

described below:

1. Copper 8-quinolinolate is cleared

by the U.S. Food and Drug

Administration (FDA) as an indirect

food additive for use as a component in

food packaging adhesives [21 CFR

175.105(c)]; in paper and paperboard in

contact with aqueous and fatty foods (21

CFR 176.170); and in paper and

paperboard in contact with dry foods

(21 CFR 176.180).

2. Copper 8-quinolinolate is currently

registered under the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA)

as a fungicide/preservative for (a) wood

treatment including food contact

surfaces, for fruit and vegetable, food

and feed containers, and bushel baskets

to protect the wood against mold,

mildew, wood rot/decay fungi and

wood stain fungi; (b) agricultural paper

mulch to protect against mildew, fungal

rot/decay (c) potato storage, handling,

cutting and planting equipment to

protect against bacterial ring rot; and (d)

for fabric, cardboard and paper to

protect against mold/mildew.

3. The toxicity data available from the

open literature indicates that copper 8-

quinolinolate has a moderate acute

toxicity in mice when administered by

intraperitoneal injection; it gave

negative results in a limited mice oral

carcinogenicity studies; and has weak

mutagenicity in a bacterial Ames test.

Based on the expected low exposure

and the similarity of the proposed use

pattern to the existing use, as an indirect

food additive, already approved by the

FDA, and as an active ingredient

registered under FIFRA as preservative

for wood, cardboard and paper intended

for storage and handling potatoes, fruits

and vegetables, and the available

toxicology data, the EPA has found that,

when used in accordance with good

agricultural practice, this ingredient is

useful and a tolerance is not necessary

to protect the public health. Therefore,

EPA proposes that the exemption from

the requirement of a tolerance be

established as set forth below.

Any person who has registered or

submitted an application for registration

of a pesticide, under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, which

contains any of the ingredients listed

herein, may request within 30 days after

publication of this document in the

Federal Register that this proposal be

referred to an Advisory Committee in
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33059

1The Commission also requests, but does not

require, that commenters submit an electronic copy

Continued

accordance with section 408(e) of

FFDCA.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the docket

number, [PP 5E4472/P667].

A record has been established for this

rulemaking under docket number [PP

5E4472/P667] (including comments and

data 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.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments 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 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 Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

The Office of Management and Budget

has exempted this proposed rule from

the requirements of section 3 of

Executive Order 12866.

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 1955 (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 (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 explaining the factual basis

for this determination 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: June 12, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be 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 § 180.1001 the table in paragraph

(d) is amended by adding alphabetically

the inert ingredient Copper 8-

quinolinolate (CAS Reg. No. 10380–28–

6), to read as follows:

§ 180.1001 Exemptions from the

requirements of a tolerance.

* * * * *

(d) * * *

Inert Ingredients Limits Uses

* * * * * * *

Copper 8-quinolinolate (CAS Reg. No. 10380–28–6) ... Not to exceed 4% by weight of

pesticide formulation.

Preservative in pesticidally treated paper.

* * * * * * *

* * * * *

[FR Doc. 96–16334 Filed 6–25–96; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL MARITIME COMMISSION

46 CFR Part 540

[Docket No. 94–06]

Financial Responsibility Requirements

for Nonperformance of Transportation

AGENCY: Federal Maritime Commission.

ACTION: Further notice of proposed

rulemaking.

SUMMARY: The Federal Maritime

Commission proposes to remove its

current $15 million coverage ceiling for

nonperformance of transportation by

passenger vessel operators. The

Commission would replace the ceiling

with sliding-scale coverage

requirements keyed to passenger vessel

operators’ financial rating, length of

operation in United States trades and

satisfactory explanation of claims for

nonperformance of transportation. For

self-insuring passenger vessel operators,

the Commission proposes to reestablish

a working capital requirement and to

require third-party coverage for 25

percent of unearned passenger revenue.

In order to clarify that the escrow

agreement is for the exclusive benefit of

passengers’ deposits and prepaid fares,

the Commission proposes revising the

form escrow agreement it publishes as a

guideline for the industry. The

Commission also proposes to require

applications for Certificates

(Performance) to be filed at least 90 days

in advance of the arranging, offering,

advertising or providing of water

transportation or tickets in connection

therewith, unless good cause is shown.

Finally, the Commission again solicits

suggestions for other alternatives to

consider under its Public Law 89–777

program, as well as suggestions for

scheduling the phasing-in of the

proposed rule’s revised coverage

requirements. These changes are

deemed necessary to enhance the

travelling public’s protection against

nonperformance of transportation.

DATES: Comments due on or before

August 26, 1996.

ADDRESSES: Send comments (original

and 15 copies) to: 1 Joseph C. Polking,