[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Rules and Regulations]
[Pages 22793-22796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10093]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300821; FRL-6068-7]
RIN 2070-AB78


Beauveria bassiana (ATCC #74040); Exemption from the Requirement 
of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes an exemption from the requirement of a 
tolerance for residues of the Beauveria bassiana (ATCC #74040) in or on 
all food commodities when applied or used as ground and aerial foliar 
sprays for use only on terrestrial crops. TROY Biosciences, 
Incorporated, 2620 North 37th Drive, Phoenix, Arizona 85009, submitted 
an amended petition PP 5F4483 to EPA under the Federal Food, Drug and 
Cosmetic Act as amended by the Food Quality Protection Act of 1996 
(Pub. L. 104-170) requesting the exemption from tolerance. This 
regulation eliminates the need to establish a maximum permissible level 
for residues of Beauveria bassiana (ATCC #74040) in or on all food 
commodities.

DATES: This regulation is effective April 28, 1999. Objections and 
requests for hearings must be received by EPA on or before June 28, 
1999.
ADDRESSES: Written objections and hearing requests, identified by the 
docket control number [OPP-300821], must be submitted to: Hearing Clerk 
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
Washington, DC 20460. Fees accompanying objections and hearing requests 
shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA 
Headquarters Accounting Operations Branch, OPP (``Tolerance Fees'' and 
forwarded to: EPA Headquarters Accounting Operations Branch, OPP 
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any 
objections and hearing requests filed with the Hearing Clerk identified 
by the docket control number, [OPP-300821], must also be submitted to: 
Public Information and Records Integrity Branch, Information Resources 
and Services Division (7502C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
In person, bring a copy of objections and hearing requests to Rm. 119, 
CM #2, 1921 Jefferson Davis Hwy., Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may be submitted electronically by sending electronic mail (e-
mail) to: [email protected]. Copies of electronic objections 
and hearing requests must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Copies of 
electronic objections and hearing requests will also be accepted on 
disks in WordPerfect 5.1/6.1 file format or ASCII file format. All 
copies of electronic objections and hearing requests must be identified 
by the docket number [OPP-300821]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Copies of electronic 
objections and hearing requests on this rule may be filed online at 
many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By mail: Shanaz Bacchus, c/o Product 
Manager (PM) 90, Biopesticides and Pollution Prevention Division 
(7511C), Environmental Protection Agency, 401 M St., SW, Washington, DC 
20460. Office location, telephone number and e-mail address: Rm. 
902W34, CM #2, 1921 Jefferson Davis Highway, Arlington, VA 22202, (703) 
308-8097; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of June 10, 1998, 63 
FR 31771) (FRL-5793-4), EPA issued a notice pursuant to section 408 of 
the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e) 
announcing the filing of a pesticide tolerance petition by TROY 
Biosciences, Incorporated, 2620 North 37th Drive, Phoenix, Arizona 
85009. This notice included a summary of the petition prepared by the 
petitioner and this summary contained conclusions and arguments to 
support its conclusion that the petition complied with the Food Quality 
Protection Act (FQPA) of 1996.
    The petition requested that 40 CFR part 180 be amended by 
establishing an exemption from the requirement of a tolerance for 
residues of the microbial insecticidal agent Beauveria bassiana (ATCC 
#74040) in or on all food commodities.
    A comment was received in response to the notice of filing 
regarding the potential for Beauveria bassiana (B. bassiana) to 
colonize corn and infect lungs of wild rodents and nasal passages of 
humans. The comment also referred to the potentially hazardous effects 
of beauvericin, a metabolite associated with this microbial pesticide. 
While Beauveria bassiana may infect corn, the acute oral toxicity/
pathogenicity studies indicate no undue risk to humans, children and 
infants from dietary exposure. The data submitted in support of 
guideline requirements for plants suggest that other plants, including 
corn, are not likely to be at risk if the pesticide is used as labeled. 
Also, the acute oral and pulmonary toxicity/pathogenicity studies of 
the technical grade active ingredient indicate that it is neither toxic 
nor pathogenic to mammals or humans. The registrant has provided 
analytical methods and quality assurance procedures to control 
beauvericin, a potential metabolite, within regulatory levels. The data 
which were submitted for this petition were evaluated by the Agency and 
are sufficient to support the exemption from the requirement of a 
tolerance in or on all food commodities. A summary discussion of the 
reviews of the data submitted in support of this petition follows.

I. Risk Assessment and Statutory Findings

    New section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) defines ``safe'' to 
mean that ``there is a reasonable certainty that no harm will result 
from aggregate exposure to the pesticide chemical residue, including 
all anticipated dietary exposures and all other exposures for which 
there is reliable information.'' This includes exposure through 
drinking water and in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) requires EPA to give 
special consideration to exposure of infants and children to the 
pesticide chemical residue in establishing a tolerance and to ``ensure 
that there is a reasonable certainty that no harm will result to 
infants and children from aggregate exposure to the pesticide chemical 
residue...'' Additionally, section 408 (b)(2)(D) requires that the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. First, EPA determines the 
toxicity of pesticides. Second, EPA examines exposure to the pesticide 
through food, drinking water, and through other exposures that occur as 
a result of pesticide use in residential settings.

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II. Toxicological Profile

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed 
most of the available scientific data and other relevant information in 
support of this action and considered its validity, completeness and 
reliability and the relationship of this information to human risk. EPA 
has also considered available information concerning the variability of 
the sensitivities of major identifiable subgroups of consumers, 
including infants and children.
    Results of the following studies support the lack of toxicity/
pathogenicity of the Technical Grade Active Ingredient (TGAI), 
Beauveria bassiana (ATCC #74040).

A. Product Chemistry

    The data submitted for product identity of the active ingredient, 
Beauveria bassiana (ATCC #74040), and end use product, are sufficient 
to support the request for the proposed exemption from the requirement 
of a tolerance. The active ingredient is a naturally-occurring fungus 
which can be found in the United States and in the environment 
worldwide.
    The registrant proposed sufficient quality assurance methods to 
control unintentional ingredients and contaminants in the proposed 
products within regulatory levels. Batches containing human pathogens 
are to be destroyed. Beauvericin levels in the technical grade active 
ingredient are not likely to exceed 60 ppm. The registrant has 
voluntarily withdrawn the registration of an old formulation, which had 
potential aflatoxin contamination present in an inert ingredient. The 
proposed new formulation has met the Agency's guideline requirements 
for microbial pesticides for food use.

B. Toxicology

    1. Acute oral toxicity/pathogenicity in rats, (Technical). No 
animal mortality or overt toxic effects were noted in rats dosed orally 
with 1.9 x 108 colony forming units (cfu)/animal of B. 
bassiana (ATCC #74040). Red foci were noted on the lungs of three of 
the treated animals indicating possible pulmonary toxicity. However, 
the acute pulmonary toxicity/pathogenicity study confirmed clearance 
from the lungs as discussed below. Based on these studies, and the 
nature of the inerts in the sole registered microbial end use product 
(EP) containing this active ingredient, the EP can be considered a 
Toxicity Category IV pesticide.
    2. Acute dermal toxicity in rabbits, (Naturalis-L 225). B. bassiana 
(ATCC #74040) was not pathogenic, infective or toxic in rabbits dosed 
dermally at 2 gm per animal containing 4.2 x 107 cfu/ml. It 
was therefore considered Toxicity Category IV for dermal toxicity.
    3. Acute pulmonary toxicity/pathogenicity in rats, (Technical). No 
mortality or toxic or pathogenic effects were found in the test animals 
dosed intratracheally with 2.5 x 109 cfu B. bassiana (ATCC 
#74040)/animal. Clearance was complete from the lungs within 15 days of 
dosing. No significant clinical signs were observed. Brown or tan 
lesions were noted in the lungs of all treated animals starting on day 
4 and an inflammatory response was evident in microscopic examination 
until day 22. The presence of an inflammatory response is expected as a 
component of the normal recognition and clearance of microbes by the 
immune system. No inflammation was evident on tissues examined at the 
end of the study.
    4. Acute intraperitoneal toxicity/pathogenicity testing in rats, 
(Technical). B. bassiana (ATCC #74040) was not pathogenic, infective or 
toxic in rats when dosed intraperitoneally with 2 x 107 cfu/
animal. No animals had the test microbe recovered from their blood or 
had visible lesions on their internal organs at gross necropsy.
    5. Primary eye irritation in rabbits, (Naturalis-L 225). Rabbits 
displayed minimal ocular irritation when given a single 0.1 ml ocular 
dose containing 2 x 106 cfu. Based on these data, the 
pesticide was considered acute Toxicity Category III for eye 
irritation.
    6. Primary dermal irritation in rabbits, (Naturalis-L 225). There 
was no mortality or significant toxic effects in animals singly dosed 
and exposed for four hours with 5 ml B. bassiana (ATCC #74040) 
containing 5.5 x 107 cfu. Based on these data, microbial 
pesticide was considered Toxicity Category IV for primary dermal 
irritation effects.
    7. Dermal sensitization. Data provided to the Agency show that 
Naturalis-L is a dermal sensitizer. In several animals, the severity of 
irritation required relocation of test site for inductions 8 and 9. In 
addition, two animals died during the study - one prior to the 
challenge phase and one prior to the 48-hour challenge scoring 
interval. No cause for death was determined. This test was conducted 
with a test material at 100% concentration rather than at the 50% 
concentration recommended by the OPPTS harmonized guidelines. The label 
for this product must state that it is a dermal sensitizer and proper 
protection equipment should be worn.
    8. Hypersensitivity incidents. No incidents of hypersensitivity 
have been reported for this microbial pesticide.

III. Aggregate Exposures and Risk

    In examining aggregate exposure, FFDCA section 408 directs EPA to 
consider available information concerning exposures from the pesticide 
residue in food and all other non-occupational exposures, including 
drinking water from groundwater or surface water and exposure through 
pesticide use in gardens, lawns, or buildings (residential and other 
indoor uses).

A. Dietary Exposure and Risk

    Dietary exposure to the microbial pesticide is likely to occur. The 
lack of acute oral toxicity/pathogenicity, and the ubiquitous nature of 
the microbial, support the exemption from the requirement of a 
tolerance for this active ingredient.
    1. Food. The microbial pesticide can be easily removed from foods 
by washing, peeling, cooking and processing. Even if ingested, the low 
acute oral toxicity potential indicates minimal risk. Consequently, 
dietary exposure to the microbial and the risk posed by ingestion of 
foods treated with the microbial pesticide, are likely to be minimal 
for adults, infants and children by the oral route.
    2. Drinking water exposure. The microorganism Beauveria bassiana is 
common in the soil. It is not known as an aquatic microorganism, and 
therefore is not expected to proliferate in aquatic habitats. Drinking 
water is not being screened for Beauveria bassiana (ATCC #74040) as a 
potential indicator of microbial contamination. Both percolation 
through soil and municipal treatment of drinking water would reduce the 
possibility of exposure to Beauveria bassiana (ATCC #74040) through 
drinking water. Therefore, the potential of significant transfer to 
drinking water is minimal to nonexistent. However, even if negligible 
oral exposure should occur through drinking water, the Agency concludes 
that such exposure would present no risk due to the lack of toxicity 
and the ubiquitous nature of the microbe.

B. Other Non-Occupational Exposure

    Dermal and inhalation exposure and risk to adults, infants and 
children via treated lawns or recreational areas are likely if the 
pesticide is used as labeled. However, the pesticide is a naturally 
occurring microbe and is ubiquitous in the environment. Based on the 
low toxicity potential as evidenced by the data submitted, the 
microbial pesticide active ingredient is likely to pose a minimal to 
non-existent dermal or inhalation hazard if used as labeled.

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IV. Cumulative Effects

    There is one other strain of Beauveria bassiana registered at this 
time. While the two strains may produce similar metabolites, the 
likelihood of adverse dietary effects via a common mechanism of 
toxicity is likely to be minimal based on the lack of toxicity/
pathogenicity potential of the active ingredients.

V. Determination of Safety for U.S. Population, Infants and 
Children

    FFDCA section 408 provides that EPA shall apply an additional 
tenfold margin of exposure (safety) for infants and children in the 
case of threshold effects to account for pre- and post-natal toxicity 
and the completeness of the database unless EPA determines that a 
different margin of exposure (safety) will be safe for infants and 
children. In this instance, EPA believes there are reliable data to 
support the conclusion that there are no threshold effects of concern 
to infants, children and adults when Beauveria bassiana (ATCC #74040) 
is used as labeled. As a result, the provision requiring an additional 
margin of exposure does not apply.
    There is a reasonable certainty that no harm will result from 
aggregate exposure to the U.S. population, including infants and 
children, to Beauveria bassiana (ATCC #74040) from the proposed uses. 
This includes all anticipated dietary exposures and all other exposures 
for which there is reliable information.

VI. Other Considerations

A. Endocrine Disruptors

    EPA does not have any information regarding endocrine effects of 
this microbial pesticide at this time. The Agency is not requiring 
information on the endocrine effects of this pesticide at this time; 
and Congress allowed 3 years after August 3, 1996, for the Agency to 
implement a screening and testing program with respect to endocrine 
effects.

B. Analytical Method(s)

    The registrant has submitted data in support of the Agency 
requirements to identify the active ingredient and potential 
metabolites and contaminants. Analytical methods are available and 
sufficient to identify metabolites and contaminants within regulatory 
levels. All batches containing potential human pathogens are to be 
destroyed.

C. Codex Maximum Residue Level

    There are no Codex tolerances or exemption from tolerances for the 
microbial active ingredient Beauveria bassiana ATCC #74040.

VII. Objections and Hearing Requests

    The new FFDCA section 408(g) provides essentially the same process 
for persons to ``object'' to a regulation for an exemption from the 
requirement of a tolerance issued by EPA under new section 408(d)and as 
was provided in the old section 408 and in section 409. However, the 
period for filing objections is 60 days, rather than 30 days. EPA 
currently has procedural regulations which governs the submission of 
objections and hearing requests. These regulations will require some 
modification to reflect the new law. However, until those modifications 
can be made, EPA will continue to use those procedural regulations with 
appropriate adjustments to reflect the new law.
    Any person may, by June 28, 1999, file written objections to any 
aspect of this regulation and may also request a hearing on those 
objections. Objections and hearing requests must be filed with the 
Hearing Clerk, at the address given under the ``ADDRESSES'' section (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). EPA is authorized to waive any fee requirement 
``when in the judgement of the Administrator such a waiver or refund is 
equitable and not contrary to the purpose of this subsection.'' For 
additional information regarding tolerance objection fee waivers, 
contact James Tompkins, Registration Division (7505C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location, telephone number, and e-mail 
address: Rm. 239, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, (703) 305-5697, [email protected]. Requests for 
waiver of tolerance objection fees should be sent to James Hollins, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460.
    If a hearing is requested, the objections must include a statement 
of the factual issues(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 issues(s) in the manner sought by the requestor would be 
adequate to justify the action requested (40 CFR 178.32). Information 
submitted in connection with an objection or hearing request may be 
claimed confidential by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. A copy of the information 
that does not contain CBI must be submitted for inclusion in the public 
record. Information not marked confidential may be disclosed publicly 
by EPA without prior notice.

VIII. Public Record and Electronic Submissions

    EPA has established a record for this rulemaking under docket 
control number [OPP-300821] (including any comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Room 119 of the Public Information and Records 
Integrity Branch, Information Resources and Services Division (7502C), 
Office of Pesticide Programs, Environmental Protection Agency, Crystal 
Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
    Objections and hearing requests may be sent by e-mail directly to 
EPA at:

    [email protected].

    E-mailed objections and hearing requests must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption.
    The official record for this regulation, as well as the public 
version, as described in this unit will be kept in paper form. 
Accordingly, EPA will transfer any copies of objections and hearing 
requests received electronically into printed, paper form as they are 
received and will place the paper copies in the official record which 
will also include all comments submitted directly in writing. The 
official record is the paper record maintained at the Virginia

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address in ``ADDRESSES'' at the beginning of this document.

IX. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This final rule establishes an exemption from the tolerance 
requirement under section 408(d) of the FFDCA in response to a petition 
submitted to the Agency. The Office of Management and Budget (OMB) has 
exempted these types of actions from review under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993). This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., or impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does it require any 
prior consultation as specified by Executive Order 12875, entitled 
Enhancing the Intergovernmental Partnership (58 FR 58093, October 28, 
1993), or special considerations as required by Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994), 
or require OMB review in accordance with Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997).
    In addition, since tolerances and exemptions that are established 
on the basis of a petition under FFDCA section 408(d), such as the 
exemption in this final rule, do not require the issuance of a proposed 
rule, the requirements of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.) do not apply. Nevertheless, the Agency previously 
assessed whether establishing tolerances, exemptions from tolerances, 
raising tolerance levels or expanding exemptions might adversely impact 
small entities and concluded, as a generic matter, that there is no 
adverse economic impact. The factual basis for the Agency's generic 
certification for tolerance actions published on May 4, 1981 (46 FR 
24950), and was provided to the Chief Counsel for Advocacy of the Small 
Business Administration.

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create an unfunded Federal mandate on State, 
local, or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

X. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and the Comptroller General of the United 
States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: April 12, 1999.
Susan B. Hazen,
Acting Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346(a), and 371.

    2. Section 180.1205 is added to read as follows:


Sec. 180.1205  Beauveria bassiana ATCC #74040; exemption from the 
requirements of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of the insecticide Beauveria bassiana (ATCC #74040) in or on 
all food commodities when applied or used as ground and aerial foliar 
sprays for use only on terrestrial crops.

[FR Doc. 99-10093 Filed 4-27-99; 8:45 am]
BILLING CODE 6560-50-F