[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Notices]
[Pages 8658-8659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3387]



-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[PP 4G44409 and 5G4448/T668; FRL 4935-8]


Northrup King Co. and Ciba-Geigy Corp.; Initial Filings of 
Exemptions from the Requirement of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has established exemptions from the requirement of 
tolerances for the delta endotoxin protein produced in field corn by a 
CryIA(b) gene from Bacillus thuringiensis subsp. kurstaki HD-1 and 
inserted in the plant expression vector pZ01502 and for the plant 
pesticide Bacillus-thuringiensis subsp. kurstaki CryIA (b) insect 
control protein as produced in corn plants and the genetic material 
necessary for its production.

FOR FURTHER INFORMATION CONTACT: By mail: Michael Mendelsohn, 
Biopesticides and Pollution Prevention Division (7501W), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number: Rm. Crystal 
Station, 5th Fl., 2800 Crystal Drive, Arlington, VA 22202, (703) 308-
8712; e-mail: Mendelsohn.M[email protected].

SUPPLEMENTARY INFORMATION: EPA gives notice that it has established 
exemptions from the requirement of tolerances relating to the initial 
filing of tolerances in or on certain raw agricultural commodities as 
follows:

Initial Filings

    1. PP 4G4409. Northrup King Co., 7500 Olson Memorial Highway, 
Golden Valley, MN 55427, has requested in pesticide petition (PP) 
4G4409, the establishment of an exemption from the requirement of a 
tolerance for the delta endotoxin protein produced in field corn by a 
CryIA(b) gene from Bacillus thuringiensis subsp. kurstaki HD-1 and 
inserted in the plant expression vector pZ01502.
    2. PP 5G4448. Ciba-Geigy Corp., P.O. Box 12257, Research Triangle 
Park, NC 27709-2257, has requested in pesticide petition (PP) 5G4448, 
the establishment of an exemption from the requirement of a tolerance 
for the plant pesticide Baccillus thuringiensis subsp. kurstaki 
CryIA(b)) insect control protein as produced in corn plants and the 
genetic material necessary for its production.
    These temporary exemptions from the requirements of tolerances will 
permit the marketing of the above raw agricultural commodities when 
treated in accordance with the provisions of experimental use permits 
67979-EUP-1 [[Page 8659]] (Northrup) and 66736-EUP-1 (Ciba), which are 
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 exemptions from the 
requirement of tolerances will protect the public health. Therefore, 
the temporary exemptions from the requirement of tolerances have been 
established on the condition that the pesticides be used in accordance 
with the experimental use permits 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 permits.
    2. Northrup King Co. and Ciba-Geigy Corp. must immediately notify 
the EPA of any findings from the experimental use permit that have a 
bearing on safety. Each 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.
    Residues remaining in or on all raw agricultural commodities 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 permits and temporary exemptions 
from the requirement of tolerances. These temporary exemptions from the 
requirement of tolerances may be revoked if the experimental use 
permits are revoked or if any experience with or scientific data on 
these pesticides 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 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, Administative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: February 2, 1995.

Janet L. Andersen,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. 95-3387 Filed 2-14-95; 8:45 am]
BILLING CODE 6560-50-F