Triclopyr; Renewal of Temporary Tolerances

EPA issued a notice, published in the Federal Register of August 15, 1991 (56 FR 40615), stating that temporary tolerances had been renewed for the combined residues of the herbicide triclopyr (3,5,6-trichloro-2-pyridinyl)oxyacetic acid and its metabolites 3,5,6-trichloro-2-pyridinol and 2-methoxy-3,5,6- trichloropyridine in or on the raw agricultural commodities fish and shellfish at 0.2 part per million (ppm). An allowable residue level of 0.5 ppm in potable water is also being renewed. These tolerances are renewed in response to pesticide petition (PP) 6G3306, submitted by DowElanco, 9330 Zionsville Rd., Indianapolis, IN 46268-1054. The company has requested a 1-year renewal of the temporary tolerances to permit the marketing of the above raw agricultural commodities when treated in accordance with the provisions of the experimental use permit 62719-EUP-1, which is being renewed 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 renewal of the temporary tolerances will protect the public health. Therefore, the temporary tolerances have been renewed 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. DowElanco 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 tolerances expire March 30, 1997. Residues not in excess of these amounts remaining in or on the above 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 permit and temporary tolerances. These 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 requirements 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).

List of Subjects

Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Authority: 21 U.S.C. 346a(j).

Dated: April 28, 1995.

Peter Caulkins, Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-11147 Filed 5-9-95; 8:45 am] BILLING CODE 6560-50-F