28580 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Notices

in response to the petition, any person

adversely affected by the order may file

written objections and a request for a

hearing on those objections with EPA on

or before the 30th day after date of the

publication of the order, (40 CFR

178.20).

A record has been established for this

document under docket number [OPP–

300427] (including comments and data

submitted electronically as described

below). 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 a.m. to

4:30 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments can be sent

directly to EPA at:

OPP-Docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. The official record for

this document, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments 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 address in

ADDRESSES at the beginning of this

document.

Dated: May 23, 1996.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 96–13823 Filed 6–4–96; 8:45 am]

BILLING CODE 6560–50–F

[PP 5E4477 and 5E4478/T689; FRL 5371–

2]

EarthGro Inc.; Establishment of

Exemptions From Requirement of

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

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:

horne.diana@epamail.epa.gov.

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