96-19454. Northrup King Corporation; Extension of Exemptions from Requirement of Tolerances

[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 39972-39973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19454]


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ENVIRONMENTAL PROTECTION AGENCY
[PP 4G4409 and 5E4551/T694; FRL 5382-4]


Northrup King Corporation; Extension of Exemptions from 
Requirement of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has extended 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 April 17, 1997.

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, [phone]; e-
mail: [e-mail].


[[Page 39973]]


SUPPLEMENTARY INFORMATION: EPA issued a notice, which was published in 
the Federal Register of February 14, 1996 (61 FR 5772), announcing the 
establishment of exemptions from the requirement of tolerances in or on 
certain raw agricultural commodities as follows:
    1. Pesticide petition (PP) 4G4409 has extended 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 extended 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 
tolerances were issued in response to pesticide petitions (PP) 4G4409 
and 5E4551, submitted by Northrup King Corporation, 7500 Olson Memorial 
Hwy., Golden Valley, MN 55427.
    These temporary exemptions from the requirement of tolerances have 
been extended to permit the continued marketing of the above raw 
agricultural commodities when treated in accordance with the provisions 
of experimental use permit 67979-EUP-1, 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 from the 
requirement of tolerances will protect the public health. Therefore, 
the temporary exemptions from the requirement of tolerances have been 
extended 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 April 17, 1997. Residues remaining in or on the above 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: July 18, 1996.

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

[FR Doc. 96-19454; Filed 7-30-96; 8:45 am]
BILLING CODE 6560-50-F