[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11273]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[PP 2G4157/T658; FRL 4777-4]

 

Entomopathogen; Extension of an Exemption from Requirement of a 
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has extended the temporary exemption from the requirement 
of a tolerance for residues of the insecticide fungal entomopathogen 
Beauvaria bassiana, Naturalis-L strain, and has broadened the tolerance 
to include residues in or on all raw agricultural commodities.

DATES: This temporary exemption from the requirement of a tolerance 
expires January 18, 1995.

FOR FURTHER INFORMATION CONTACT: By mail, Phil Hutton, Product Manager 
(PM) 18, Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Rm. 213, CM#2, 1921 Jefferson 
Davis Hwy., Arlington, VA 22202, (703) 305-7690.

SUPPLEMENTARY INFORMATION: EPA issued a notice that was published in 
the Federal Register of August 4, 1993 (58 FR 41473) that a temporary 
exemption from the requirement of a tolerance had been amended for 
residues of the insecticide fungal entomopathogen Beauvaria bassiana, 
Naturalis-L strain in or on the following raw agricultural commodities: 
cotton seed; peanuts; peanut forage; peanut hay; tomatoes; lettuce; 
cantaloupe; cabbage and peppers for the control of boll weevil, 
whiteflies and leafhoppers. This exemption from the requirement of a 
tolerance has been estended in response to pesticide petition (PP) 
2G4157, submitted by Fermone Corporation, Incorporated, 2620 No. 37th 
Drive, Phoenix, AZ 85009.
    The company has requested an expansion to include all raw 
agricultural crops and a 1-year extension of the temporary tolerance to 
permit the continued marketing of the above raw agricultural 
commodities when treated in accordance with the provisions of 
experimental use permit 53871-EUP-1, which is being issued 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 exemption from the 
requirement of a tolerance will protect the public health. Therefore, 
the temporary exemption from the requirement of a tolerance has been 
extended and expanded on the condition that the pesticides be used in 
accordance with approved experimental use permits and with the 
following provisions:
    1. The total amount of the active ingredients to be used must not 
exceed the quantity authorized by approved experimental use permits.
    2. Fermone Corporation 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 temporary exemption from the requirement of a tolerance 
expires January 18, 1995. Residues remaining in or on all the raw 
agricultural commodities after this expiration date will not be 
considered actionable if the pesticides are legally applied during the 
term of, and in accordance with, the provisions of the experimental use 
permit and temporary exemption from the requirement of a tolerance. 
This temporary exemption from the requirement of a 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 requirement of section 3 of Executive Order 12866.
    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 exemption 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: April 27, 1994.

Stephanie R. Irene,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-11273 Filed 5-10-94; 8:45 am]
BILLING CODE 6560-50-F