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B. bassiana - Exemption from Tolerance for Residues 3/93

[PP 2G4157/T635; FRL 4571-6]
Entomopathogen; Establishment of an Exemption from the Requirement
of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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[PP 2G4157/T635; FRL 4571-6]

Entomopathogen; Establishment of an Exemption from the Requirement
of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has established an exemption from the requirement
of a tolerance for residues of the insecticide fungal entomopathogen
Beauvaria bassiana, Naturalis-L strain, in or on certain raw
agricultural commodities.

DATES: This temporary exemption from the requirement of a tolerance
expires January 18, 1994.

FOR FURTHER INFORMATION CONTACT: By mail: Phil Hutton, Product
Manager (PM 18), Registration Division (H7505C), 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 Highway, Arlington, VA, (703-305-7690).

SUPPLEMENTARY INFORMATION: Fermone Corporation, Incorporated,
2620, 37th Drive, Phoenix, AZ 85009, has requested in pesticide
petition (PP) 2G4157 the establishment of an exemption from
the requirement of a tolerance 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; and lettuce for control of boll weevil, whiteflies
and leafhoppers.

   This temporary exemption from the requirements of a tolerance
will permit the 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 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. Fermone Corporation, Incorporated 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 January 18, 1994. Residues remaining in or on 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 12291.

   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).

   Dated: March 12, 1993.

Lawrence E. Culleen,
Acting Director, Registration Division, Office of Pesticide
Programs.

[FR Doc. 93-6603 Filed 3-23-93; 8:45 am]

BILLING CODE 6560-50-F