[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20333]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 3E4255/R2070; FRL-4899-5]
RIN 2070-AB78

 

Pseudomonas Fluorescens Strain NCIB 12089; Exemption From the 
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes an exemption from the requirement of 
a tolerance for residues of Pseudomonas fluorescens in or on the raw 
agricultural commodity mushrooms. This exemption from the requirement 
of a tolerance was requested in a petition submitted by the 
Interregional Research Project No. 4 (IR-4).

EFFECTIVE DATE: This regulation becomes effective August 24, 1994.

ADDRESSES: Written objections, identified by the document control 
number, [PP 3E4255/R2070], may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, 
DC 20460. A copy of any objections and hearing requests filed with the 
Hearing Clerk should be identified by the document control number and 
submitted to: Public Response and Program Resources Branch, Field 
Operations Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
In person, bring copy of objections and hearing requests to: Rm. 1132, 
CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees 
accompanying objections shall be labeled ``Tolerance Petition Fees'' 
and forwarded to: EPA Headquarters Accounting Operations Branch, OPP 
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson, 
Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: 6th Floor, Crystal Station #1, 
2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 15, 1994 (59 
FR 30750), EPA issued a proposed rule that gave notice that the 
Interregional Research Project No. 4 (IR-4), New Brunswick, NJ 08903, 
had submitted pesticide petition (PP) 3E4255 to EPA on behalf of the 
State Agricultural Experiment Stations and the United States Department 
of Agriculture. The petition requested that the Administrator, pursuant 
to section 408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a(e), establish an exemption from the requirement of a 
tolerance for residues of the biological pesticide Pseudomonas 
fluorescens strain NCIB 12089, in or on the raw agricultural commodity 
mushrooms. Pseudomonas fluorescens is a naturally occurring bacterium, 
is the dominant microflora found in mushroom caps, and is found in tap 
and fresh water, marine environments, and plants. The use of the 
biological pesticide is to control bacterial blotch of cultivated 
mushrooms.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted on the proposal and other relevant material have 
been evaluated and discussed in the proposed rule. Based on the data 
and information considered, the Agency concludes that the tolerance is 
not needed to protect the public health. Therefore, the tolerance 
exemption is established as set forth below.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections and/or request a hearing with the Hearing Clerk, at 
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to 
the OPP docket for this rulemaking. The objections submitted must 
specify the provisions of the regulation deemed objectionable and the 
grounds for the objections (40 CFR 178.25). Each objection must be 
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is 
requested, the objections must include a statement of the factual 
issue(s) on which a hearing is requested, the requestor's contentions 
on such issues, and a summary of any evidence relied upon by the 
objector (40 CFR 178.27). A request for a hearing will be granted if 
the Administrator determines that the material submitted shows the 
following: There is a genuine and substantial issue of fact; there is a 
reasonable possibility that available evidence identified by the 
requestor would, if established, resolve one or more of such issues in 
favor of the requestor, taking into account uncontested claims or facts 
to the contrary; and resolution of the factual issue(s) in the manner 
sought by the requestor would be adequate to justify the action 
requested (40 CFR 178.32).
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule (1) having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating
serious inconsistency or otherwise interfering with an action taken or 
planned by another agency; (3) materially altering the budgetary 
impacts of entitlement, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) raising novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.
    Pursuant to the terms of the Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    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 in 40 CFR Part 180

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

Dated: August 4, 1994.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    2. In subpart D, by adding new Sec. 180.1129, to read as follows:


Sec. 180.1129 Pseudomonas fluorescens strain NCIB 12089; exemption from 
the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of the biological pesticide Pseudomonas fluorescens strain 
NCIB 12089 in or on mushrooms.

[FR Doc. 94-20333 Filed 8-23-94; 8:45 am]
BILLING CODE 6560-50-F