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Pseudomonas fluorescens - Tolerance Exemption 8/94

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]