96-15196. Aspergillus flavus AF 36; Establishment of Temporary Exemption from the Requirement of a Tolerance

[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Notices]
[Pages 30235-30236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15196]



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ENVIRONMENTAL PROTECTION AGENCY
[PP 5E4575/T693; FRL 5377-6]


Aspergillus flavus AF 36; Establishment of Temporary Exemption 
from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has established a temporary exemption from the requirement 
of a tolerance for residues of the microbial pesticide Aspergillus 
flavus AF 36 in or on the raw agricultural commodity cotton.

DATES: This temporary exemption from the requirement of a tolerance 
expires May 20, 1999.

FOR FURTHER INFORMATION CONTACT: By mail: Shanaz Bacchus, 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: Fifth Floor, Crystal Station 1, 
2800 Crystal Drive, Arlington, VA, [phone]; e-mail: 
[e-mail].

SUPPLEMENTARY INFORMATION: Inter-Regional Reserach Project No. 4, New 
Jersey Agricultural Experiment, Rutgers Cook College, P.O. Box 231, New 
Brunswick, NJ 08903, has requested in pesticide petition PP 5E4575, the 
establishment of an exemption from the requirement of a tolerance for 
residues of the microbial pesticide Aspergillus flavus AF 36 in or on 
the raw agricultural commodity cotton. This temporary exemption from 
the requirement of a tolerance will permit the marketing of the above 
raw agricultural commodity when treated in accordance with the 
provisions of experimental use permit 69224-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 
established 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. Inter-Regional Research Project No. 4, must immediately notify 
the EPA of any findings from the experimental use permit 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 May 20, 1999. Residues 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 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 exemptions from tolerance requirements 
do not have a significant economic impact on a substantial

[[Page 30236]]

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 procedures, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: June 6, 1996.

Flora Chow,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. 96-15196 Filed 6-13-96; 8:45 am]
BILLING CODE 6560-50-F