[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2703]


[[Page Unknown]]

[Federal Register: February 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[PP 2G4038/T655; FRL 4753-8]

 

Fenbuconazole; Extension of a Temporary Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has extended a temporary tolerance for the combined 
residues of the fungicide fenbuconazole and its metabolites in or on 
the raw agricultural commodity pecans at 0.1 part per million (ppm).

DATES: This temporary tolerance expires January 4, 1995.

FOR FURTHER INFORMATION CONTACT By mail: Cynthia Giles-Parker, Product 
Manager (PM) 22, Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 229, CM#2, 1921 
Jefferson Davis Highway, Arlington, VA, (703) 305-5540.

SUPPLEMENTARY INFORMATION:  EPA issued a notice, which was published in 
the Federal Register of February 24, 1993 (58 FR 11233), announcing the 
establishment of a temporary tolerance for the combined residues of the 
fungicide fenbuconazole [alpha-(2-[4-chlorophenyl]-ethyl)-alpha-phenyl-
3-(1H-1,2,4-triazole)-1-propanenitrile]; RH-9129 and RH-9130, the 
diastereomeric lactone metabolites of fenbuconazole [5-(4-
chlorophenyl)-dihydro-3-phenyl-3-(methyl-1H-1,2,4-triazole-1-yl)-2-3H-
furanone]; and RH-6467, the benzylic-ketone metabolite of fenbuconazole 
[4-(4-chlorophenyl)-2-(methyl -1H-1,2,4-triazole)-4-oxo-2-phenyl 
butanenitrile] in or on the raw agricultural commodity pecans at 0.1 
part per million (ppm). This tolerance was issued in response to 
pesticide petition (PP) 2G4038, submitted by Rohm and Haas Co., 
Independence Mall West, Philadelphia, PA 19105.
    This temporary tolerance has been extended to permit the continued 
marketing of the raw agricultural commodity named above when treated in 
accordance with the provisions of experimental use permit 707-EUP-125, 
which is being extended under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) as amended (Pub. L. 95-396, 92 Stat. 819; 7 
U.S.C. 136).
    The scientific data reported and other relevant material were 
evaluated, and it was determined that the extension of this temporary 
tolerance will protect the public health. Therefore, the temporary 
tolerance has been extended on the condition that the pesticide be used 
in accordance with the experimental use permit and with the following 
provisions:
    1. The total amount of the active ingredient to be used must not 
exceed the quantity authorized by the experimental use permit.
    2. Rohm and Haas Co., must immediately notify the EPA of any 
findings from the experimental use that have a bearing on safety. The 
company must also keep records of production, distribution, and 
performance and on request make the records available to any authorized 
officer or employee of the EPA or the Food and Drug Administration.
    This tolerance expires January 4, 1995. Residues not in excess of 
this amount remaining in or on the raw agricultural commodity after 
this expiration date will not be considered actionable if the pesticide 
is legally applied during the term of, and in accordance with, the 
provisions of the experimental use permit and temporary tolerance. This 
tolerance may be revoked if the experimental use permit is revoked or 
if any experience with or scientific data on this pesticide indicate 
that such revocation is necessary to protect the public health.
    The Office of Management and Budget has exempted this notice from 
the requirements of section 3 of Executive Order 12291.
    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).

    Authority: 21 U.S.C. 346a(j).

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: January 26, 1994.

Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-2703 Filed 2-8-94; 8:45 am]
BILLING CODE 6560-50-F