[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Notices]
[Pages 5772-5773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2921]



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ENVIRONMENTAL PROTECTION AGENCY
[PP 4G4409 and 5G4551/T683; FRL 4984-3]


Northrup King Corporation; Establishment of Exemptions From 
Requirement of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has established exemptions from the requirement of 
tolerances for the combined residues of the plant pesticide Bacillus 
thuringiensis CryIA(b) delta-endotoxin and the genetic material 
necessary for its production (plasmid vector pZ01502) and for the plant 
pesticide inert ingredient phosphinothricin acetyltransferase and the 
genetic material necessary for its production (plasmid vector pZ01502) 
in or on certain raw agricultural commodities.

DATES: These temporary exemptions from the requirement of tolerances 
expire May 30, 1996.

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 (703) 308-8712; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: Northrup King Corporation, 7500 Olson 
Memorial Hwy., Golden Valley, MN 55427, has requested in pesticide 
petitions PP 4G4409 and 5G4551 the establishment of exemptions from the 
requirement of tolerances in or on certain raw agricultural commodities 
as follows.
    1. Pesticide petition (PP) 4G4409 has established an exemption from 
the requirement of a tolerance for the combined residues of the plant 
pesticide Bacillus thuringiensis CryIA(b) delta-endotoxin and the 
genetic material necessary for its production (plasmid vector pZ01502) 
in corn, when used as a plant pesticide in all raw agricultural 
commodities of field corn, sweet corn, and popcorn.
    2. Pesticide petition( PP) 5E4551 has established an exemption from 
the requirement of a tolerance for the combined residues of the plant 
pesticide inert ingredient phosphinothricin acetyltransferase and the 
genetic material necessary for its production (plasmid vector pZ01502) 
in corn, when used as a plant pesticide inert ingredient in all raw 
agricultural commodities of field corn, sweet corn, and popcorn.
    These temporary exemptions from the requirement of tolerances will 
permit the marketing of the above raw agricultural commodities when 
treated in accordance with the provisions of experimental use permit 
67979-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). 

[[Page 5773]]

    The scientific data reported and other relevant material were 
evaluated, and it was determined that 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 permit and with the following provisions:
    1. The total amount of the active ingredients to be use must not 
exceed the quantity authorized by the experimental use permit.
    2. Northrup King 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.
    These temporary exemptions from the requirement of tolerances 
expire May 30, 1996. Residues remaining in or on all 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 exemptions from the requirement of tolerances. These 
temporary exemptions from the requirement of tolerances 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 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: January 31, 1996.

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

[FR Doc. 96-2921; Filed 2-13-96; 8:45 am]
BILLING CODE 6560-50-F