Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 75065 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 action 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: December 9, 2014. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, 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), 346a and 371. 

■ 2. In § 180.661 (effective December 17, 

2014): 

■ a. Add alphabetically ‘‘Cotton, gin byproducts’’; ‘‘Cotton, undelinted seed’’; 

and ‘‘Soybean, seed’’ to the table in 

paragraph (a)(1). 

■ b. Revise the entry for ‘‘Peanut’’ in the 

table in paragraph (a)(1). 

■ c. Remove the entries ‘‘Cotton, gin 

byproducts’’ and ‘‘Cotton, undelinted 

seed,’’ in the table in paragraph (d). 

The additions and revision read as 

follows: 

§ 180.661 Fluopyram; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

* * * * * 

Cotton, gin byproducts ............. 0.70 

Cotton, undelinted seed ........... 0.01 

* * * * * 

Peanut ...................................... 0.09 

* * * * * 

Soybean, seed .......................... 0.04 

* * * * * 

* * * * * 

■ 3. In § 180.661 (effective June 17, 

2015): 

■ a. Revise in the table in paragraph 

(a)(2) the following entries listed in the 

table below. 

■ b. Add alphabetically ‘‘Grain, cereal, 

except rice, group 15’’ and ‘‘Grain, 

cereal, forage, fodder and straw, group 

16’’ to the table in paragraph (d). 

■ c. Remove the entries ‘‘Grain, cereal, 

forage, fodder and straw, group 16, 

except rice; forage’’; ‘‘Grain, cereal, 

forage, fodder and straw, group 16, 

except rice; hay, straw and stover’’; and 

‘‘Grain, cereal, group 15, except rice’’ in 

the table in paragraph (d). 

The additions and revisions read as 

follows: 

§ 180.661 Fluopyram; tolerances for 

residues. 

(a) * * * 

(2) * * * 

Commodity Parts per 

million 

Cattle, fat .................................. 0.05 

Cattle, meat .............................. 0.05 

Cattle, meat byproducts ........... 0.40 

Egg ........................................... 0.06 

* * * * * 

Hog, fat ..................................... 0.02 

Hog, meat ................................. 0.02 

Hog, meat byproducts .............. 0.03 

* * * * * 

Milk ........................................... 0.06 

Poultry, fat ................................ 0.03 

Poultry, meat ............................ 0.03 

Poultry, meat byproducts .......... 0.10 

* * * * * 

* * * * * 

(d) * * * 

Commodity Parts per 

million 

* * * * * 

Grain, cereal, except rice, 

group 15 ................................ 0.03 

Grain, cereal, forage, fodder 

and straw, group 16 .............. 2.0 

Commodity Parts per 

million 

* * * * * 

[FR Doc. 2014–29480 Filed 12–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0352; FRL–9919–35] 

Natamycin; Amendment to an 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the biochemical 

pesticide natamycin in or on 

pineapples. DSM Food Specialties B.V. 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an amendment to 

the exemption from the requirement of 

a tolerance. This regulation eliminates 

the need to establish a maximum 

permissible level for residues of 

natamycin in or on pineapple. 

DATES: This regulation is effective 

December 17, 2014. Objections and 

requests for hearings must be received 

on or before February 17, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0352, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 


tkelley on DSK3SPTVN1PROD with RULES
75066 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0352 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before February 17, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0352, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of August 1, 

2014 (79 FR 44729) (FRL–9911–67), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 4F8233) 

by DSM Food Specialties B.V. (the 

Petitioner), Alexander Fleminglaan 1, 

2613 AX Delft, The Netherlands. The 

petition requested that 40 CFR part 180 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of natamycin for 

post-harvest indoor use on pineapples. 

That document referenced a summary of 

the petition prepared by the Petitioner, 

which is available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Section 408(c)(2)(A)(i) of 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 exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

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. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require 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, 

FFDCA 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. 

III. Toxicological Profile 

Consistent with FFDCA section 

408(b)(2)(D), EPA has reviewed 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. 

A. Overview of Natamycin 

Natamycin is a naturally occurring 

compound derived from the common 

soil microorganisms Streptomyces 

natalensis, Streptomyces lydicus, and 

Streptomyces chattanoogensis. 

Natamycin was originally discovered in 

Streptomyces natalensis in South Africa 

in the early 1950s, and was 

subsequently discovered to also occur 

naturally in North America in 

Streptomyces lydicus and Streptomyces 

chattanoogensis. It is commercially 

produced by a submerged oxygen-based 

fermentation of Streptomyces 

natalensis, Streptomyces lydicus, or 

Streptomyces chattanoogensis. 

Natamycin has been used as a food 

preservative worldwide for over 40 

years and is approved as a food 

additive/preservative by the European 

Union, the World Health Organization, 

and individual countries including New 

Zealand and Australia for use as a 

fungistat to suppress mold on cheese, 

meats, and sausage. In the United States, 

natamycin is approved by the Food and 


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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 75067 

Drug Administration (FDA) as a direct 

food additive/preservative for the 

inhibition of mold and yeast on the 

surface of cheeses (21CFR 172.155) and 

as an additive to the feed and drinking 

water of broiler chickens to retard the 

growth of specific molds (21CFR 

573.685). Natamycin is also FDA 

approved for use as a treatment to 

suppress fungal eye infections such as 

blepharitis, conjunctivitis, and keratitis. 

As a biochemical pesticide active 

ingredient, natamycin is already 

approved for use as a fungistat to 

prevent and control the germination of 

mold and yeast spores in the growth 

media of mushrooms produced in 

enclosed mushroom production 

facilities (77 FR 29543). Additional 

potential uses of natamycin include 

controlling fungal growth post-harvest 

on pineapples treated indoors. 

Natamycin has a non-toxic mode of 

action, has no effects on fungal mycelia, 

and development of antibiotic resistance 

to natamycin has not been reported 

during its entire history of use. See the 

document entitled, ‘‘Federal Food, Drug, 

and Cosmetic Act (FFDCA) 

Considerations for Natamycin’’ 

(November 7, 2014), available in the 

docket for this action. 

B. Biochemical Pesticide Toxicology 

Data Requirements 

All applicable mammalian toxicology 

data requirements supporting the 

petition to amend the existing tolerance 

exemption by adding use as a fungicide 

post-harvest, indoors, on pineapples 

have been fulfilled. No toxic endpoints 

were established and no significant 

toxicological effects were observed in 

any of the acute toxicity studies. In 

addition, studies submitted indicate that 

natamycin is not genotoxic, has no 

subchronic toxic effects, and is not a 

developmental toxicant. There are no 

known effects on endocrine systems via 

oral, dermal, or inhalation routes of 

exposure. For a summary of the data 

upon which EPA relied, and its human 

health risk assessment based on that 

data, please refer to the document 

entitled, ‘‘Federal Food, Drug, and 

Cosmetic Act (FFDCA) Considerations 

for Natamycin’’ (November 7, 2014). 

This document, as well as other relevant 

information, is available in the docket 

for this action as described under 

ADDRESSES. 

IV. Aggregate Exposures 

In examining aggregate exposure, 

FFDCA section 408 directs EPA to 

consider available information 

concerning exposures from the pesticide 

residue in food and all other nonoccupational exposures, including 

drinking water from ground water or 

surface water and exposure through 

pesticide use in gardens, lawns, or 

buildings (residential and other indoor 

uses). 

A. Dietary Exposure 

The proposed use patterns may 

results in dietary exposure to 

natamycin, however, exposure is 

expected to be insignificant (see 

document entitled, ‘‘Federal Food, Drug, 

and Cosmetic Act (FFDCA) 

Considerations for Natamycin’’ 

(November 7, 2014), available in the 

docket for this action. No significant 

exposure via drinking water is expected; 

natamycin is applied indoors only. 

Some dietary exposure to natamycin 

might occur through other nonpesticidal 

sources as a result of its use as a food 

additive/preservative. Should exposure 

occur, however, minimal to no risk is 

expected for the general population, 

including infants and children, due to 

the low toxicity of natamycin as 

demonstrated in the data submitted and 

evaluated by the Agency, as fully 

explained in the document entitled, 

‘‘Federal Food, Drug, and Cosmetic Act 

(FFDCA) Considerations for Natamycin’’ 

(November 7, 2014), available in the 

docket for this action. 

B. Other Non-Occupational Exposure 

Other non-occupational exposure 

(other than dietary) from pesticidal use 

is not expected because natamycin is 

not approved for residential uses. The 

active ingredient is applied directly to 

commodities and degrades rapidly. 

There may be some exposure to 

natamycin as a result of its use as 

treatment of infections, but minimal to 

no risk is expected for the general 

population, including infants and 

children, due to the low toxicity of 

natamycin as demonstrated in the data 

submitted and evaluated by the Agency, 

as fully explained in the document 

entitled, ‘‘Federal Food, Drug, and 

Cosmetic Act (FFDCA) Considerations 

for Natamycin’’ (November 7, 2014), 

available in the docket for this action. 

V. Cumulative Effects From Substances 

With a Common Mechanism of Toxicity 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, 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 has not found natamycin to share 

a common mechanism of toxicity with 

any other substances, and natamycin 

does not appear to produce a toxic 

metabolite produced by other 

substances. For the purposes of this 

tolerance action, therefore, EPA has 

assumed that natamycin does not have 

a common mechanism of toxicity with 

other substances. For information 

regarding EPA’s efforts to determine 

which chemicals have a common 

mechanism of toxicity and to evaluate 

the cumulative effects of such 

chemicals, see EPA’s Web site at 

http://www.epa.gov/pesticides/

cumulative. 

VI. Determination of Safety for U.S. 

Population, Infants and Children 

FFDCA section 408(b)(2)(C) provides 

that, in considering the establishment of 

a tolerance or tolerance exemption for a 

pesticide chemical residue, EPA shall 

assess the available information about 

consumption patterns among infants 

and children, special susceptibility of 

infants and children to pesticide 

chemical residues, and the cumulative 

effects on infants and children of the 

residues and other substances with a 

common mechanism of toxicity. In 

addition, FFDCA section 408(b)(2)(C) 

provides that EPA shall apply an 

additional tenfold (10X) margin of safety 

for infants and children in the case of 

threshold effects to account for prenatal 

and postnatal toxicity and the 

completeness of the database on toxicity 

and exposure, unless EPA determines 

that a different margin of safety will be 

safe for infants and children. This 

additional margin of safety is commonly 

referred to as the Food Quality 

Protection Act Safety Factor (FQPA SF). 

In applying this provision, EPA either 

retains the default value of 10X, or uses 

a different additional or no safety factor 

when reliable data are available to 

support a different additional or no 

safety factor. 

As part of its qualitative assessment, 

EPA evaluated the available toxicity and 

exposure data on natamycin and 

considered its validity, completeness, 

and reliability, as well as the 

relationship of this information to 

human risk. EPA considers the toxicity 

database to be complete and has 

identified no residual uncertainty with 

regard to prenatal and postnatal toxicity 

or exposure. No hazard was identified 

based on the available studies, as fully 

explained in the document entitled, 

‘‘Federal Food, Drug, and Cosmetic Act 

(FFDCA) Considerations for Natamycin’’ 

(November 7, 2014), available in the 

docket for this action. Based upon its 

evaluation, EPA concludes that there are 

no threshold effects of concern to 

infants, children, or adults when 

natamycin is applied to mushrooms in 


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75068 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

enclosed mushroom production 

facilities and on pineapples when used 

in accordance with label directions and 

good agricultural practices. As a result, 

EPA concludes that no additional 

margin of exposure (safety) is necessary. 

VII. Analytical Enforcement 

Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

Further, residues are not expected on 

any other crops because natamycin will 

only be applied indoors to these 

particular crops. 

VIII. Conclusion 

Based on its assessment of natamycin, 

EPA concludes that there is a reasonable 

certainty that no harm will result to the 

general population, or to infants and 

children from aggregate exposure to 

natamycin. Therefore, an amendment to 

the exemption of a tolerance is 

established for residues of natamycin in 

or on pineapple. 

The Agency is issuing the exemption 

for residues on pineapple instead of 

limiting this exemption to post-harvest 

indoor applications to pineapple 

because the restrictions are not relevant 

to the FFDCA safety finding for 

natamycin. Those limitations are related 

to the use of the pesticide and regulated 

under FIFRA. 

IX. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the requirement of a 

tolerance under FFDCA section 408(d) 

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). Because 

this final rule has been exempted from 

review under Executive Order 12866, 

this final rule is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

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., nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

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. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

X. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 action 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: December 1, 2014. 

Robert McNally, 

Director, Biopesticides and Pollution 

Prevention Division, 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), 346a and 371. 

■ 2. Revise § 180.1315 to read as 

follows: 

§ 180.1315 Natamycin; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of natamycin in or on mushrooms when 

applied as a fungistat to prevent the 

germination of fungal spores on 

mushrooms produced in enclosed 

mushroom production facilities, and in 

or on pineapples when applied as a 

fungistat in accordance with label 

directions and good agricultural 

practices. 

[FR Doc. 2014–29306 Filed 12–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket Nos. 130402317–3966–02 and 

140429387–4971–02] 

RIN 0648–XD659 

Atlantic Highly Migratory Species; 

Commercial Porbeagle Shark Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure and 

addendum to the fishing season 

notification. 

SUMMARY: NMFS is closing fishing for 

the commercial porbeagle shark quota 

until further notice. This action is 

necessary because, as of December 10, 

2014, the commercial landings of 

porbeagle sharks during the 2014 fishing 

season exceeded the available 2014 

adjusted commercial quota and to an 

extent that makes 2015 commercial 

quota unavailable. 

DATES: Fishing for the commercial 

porbeagle shark quota is closed effective 

11:30 p.m. local time, December 17, 


tkelley on DSK3SPTVN1PROD with RULES