[Federal Register Volume 65, Number 38 (Friday, February 25, 2000)]
[Notices]
[Pages 10077-10078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4423]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-30453A; FRL-6491-7]


Pesticide Product Registrations; Conditional Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces Agency approval of an application 
submitted by Bio-Care Technology, to conditionally register the 
pesticide products NOGALL containing a new active ingredient not 
included in any previously registered product pursuant to the 
provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: By mail: Sharlene R. Matten, 
Biopesticides and Pollution Prevention Division (7511C), Office of 
Pesticide Programs, Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (703) 605-0514; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer, or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    To access a fact sheet which provides more detail on this 
registration, go to the Home Page for the Office of Pesticide Programs 
at http://www.epa.gov/pesticides/biopesticides, and select ``recent 
biopesticides fact sheets.''
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-30453A. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved 
label, the list of data references, the data and other scientific 
information used to support registration, except for material 
specifically protected by section 10 of FIFRA, are available for public 
inspection in the Public Information and Records Integrity Branch, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, Rm. 119, Crystal 
Mall #2, Arlington, VA. Requests for data must be made in accordance 
with the provisions of the Freedom of Information Act and must be 
addressed to the Freedom of Information Office (A-101), Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., 20460. Such requests should: 
Identify the product name and registration number and specify the data 
or information desired.
    A paper copy of the fact sheet, which provides more detail on this 
registration, may be obtained from the National Technical Information 
Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161.

II. Did EPA Conditionally Approve the Application?

    A conditional registration may be granted under section 3(c)(7)(C) 
of FIFRA for a new active ingredient where certain data are lacking, on 
condition that such data are received by the end of the conditional 
registration period and do not meet or exceed the risk criteria set 
forth in 40 CFR 154.7; that use of the pesticide during the conditional 
registration period will not cause unreasonable adverse effects; and 
that use of the pesticide is in the public interest. The Agency has 
considered the available data on the risks associated with the proposed 
use of Agrobacterium radiobacter strain K1026 (engineered with a gene 
deletion), and information on social, economic, and environmental 
benefits to be derived from such use. Specifically, the Agency has 
considered the nature and its pattern of use, application methods and 
rates, and level and extent of potential exposure. Based on these 
reviews, the Agency was able to make basic health and safety 
determinations which show that use of Agrobacterium radiobacter strain 
K1026 during the period of conditional registration will not cause any 
unreasonable adverse effect on the environment, and that use of the 
pesticide is, in the public interest.
    Consistent with section 3(c)(7)(C) of FIFRA, the Agency has 
determined that these conditional registrations are in the public 
interest. Use of the pesticides are of significance to the user 
community, and appropriate labeling, use directions, and other measures 
have been taken to ensure that use of the pesticides will not

[[Page 10078]]

result in unreasonable adverse effects to man and the environment.

III. Conditionally Approved Application

    EPA issued a notice, published in the Federal Register of April 27, 
1998 (63 FR 20629) (FRL-5785-6), which announced that Bio-Care 
Technology Pty Ltd., c/o U.S. Agent: Ms. Amy Roberts, Technology 
Sciences Group Inc., 1101 17th St., NW., Suite 500, Washington DC 
20036-4704, had submitted an application to conditionally register the 
pesticide product, NOGALL, Microbial Biocontrol Agent/Bacterial 
Inoculant (EPA File Symbol 62388-R), containing Agrobacterium 
radiobacter strain K1026 at 0.25% an active ingredient not included in 
any previously registered product.
    The application was conditionally approved on September 28, 1999, 
for an end-use product listed below:
    NOGALL (EPA Registration Number 62388-1) containing 0.25% 
Agrobiacterium radiobacter strain K1026) is used as a biological 
control agent for the prevention of crown gall disease caused by the 
infection of nursery stock by many virulent strains of Agrobacterium 
tumefaciens and A. rhizogenes on non-food and non-bearing plants only.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 16, 2000.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 00-4423 Filed 2-24-00; 8:45 am]
BILLING CODE 6560-50-F