[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Page 28580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13822]



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ENVIRONMENTAL PROTECTION AGENCY
[PP 5E4477 and 5E4478/T689; FRL 5371-2]


EarthGro Inc.; Establishment of Exemptions From Requirement of 
Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has established exemptions from the requirement of 
tolerances for Flavobacterium balustinum strain 299 (ATCC 53198) and 
Trichoderma hamatum isolate 382 (ATCC 20765) in or on certain raw 
agricultural commodities.

DATES: These temporary exemptions from the requirement of tolerances 
expire March 1, 1998.

FOR FURTHER INFORMATION CONTACT: By mail: Diana Horne, 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 (703) 308-8367; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Earthgro, Inc., Route 207, P.O. Box 143, 
Lebanon, CT 06249, has requested in pesticide petitions (PP) 5E4477 and 
5E4478 the establishment of exemptions from the requirement of 
tolerances for use on selected ornamentals and vegetable bedding plants 
in or on certain raw agricultural commodities as follows:
    1. Pesticide petition (PP) 5E4477 has established an exemption from 
the requirement of a tolerance for Flavobacterium balustinum strain 299 
(ATCC 53198) for use on selected ornamentals and vegetable bedding 
plants in or on the raw agricultural commodities broccoli, cabbage, 
cauliflower, cucumber, eggplant, lettuce, cantaloupe, pepper, tomato 
and watermelon.
    2. Pesticide petition (PP) 5E4478 has established an exemption from 
the requirement of a tolerance for Trichoderma hamatum isolate 382 
(ATCC 20765) for use on selected ornamentals and vegetable bedding 
plants in or on the raw agricultural commodities broccoli, cabbage, 
cauliflower, cucumber, eggplant, lettuce, cantaloupe, pepper, tomato 
and watermelon.
    These temporary exemptions from the requirement of tolerances will 
permit the marketing of the above raw agricultural commodities when 
treated in accordance with the provisions of experimental use permit 
69006-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 exemptions from the requirement 
of tolerances will protect the public health. Therefore, the temporary 
exemptions from the requirement of tolerances have been established 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. Earthgro, Inc., 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 March 1, 1998. Residues remaining in or on all 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: May 20, 1996.

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

[FR Doc. 96-13822 Filed 6-4-96; 8:45 am]
BILLING CODE 6560-50-F