Beauveria bassiana HF23; Amendment of Exemption from the Requirement of a Tolerance, 10186-10190 [2010-4544]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Rules and Regulations]
[Pages 10186-10190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4544]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0316; FRL-8814-6]


Beauveria bassiana HF23; Amendment of Exemption from the 
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends an exemption from the requirement of a 
tolerance for residues of the microbial insecticide. Beauveria bassiana 
HF23 (40 CFR 180.1273) on all food commodities when used to treat 
chicken and livestock facilities, from which manure will eventually be 
composted and used as fertilizer on agricultural crops. JABB of the 
Carolinas submitted a petition to EPA under the Federal Food, Drug, and 
Cosmetic Act (FFDCA), requesting this amendment of the exemption from 
the requirement of a tolerance. This regulation eliminates the need to 
establish a maximum permissible level for residues of Beauveria 
bassiana HF23.

DATES: This regulation is effective March 5, 2010. Objections and 
requests for hearings must be received on or before May 4, 2010, 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: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2005-0316. All documents in the 
docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at https://www.regulations.gov, or, if only available in hard 
copy, at the OPP

[[Page 10187]]

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 
2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. 
The Docket Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Shanaz Bacchus, Biopesticides and 
Pollution Prevention Division (7511P), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8097; e-mail address: bacchus.shanaz@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. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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 this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
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 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 https://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 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. The EPA procedural regulations which 
govern the submission of objections and requests for hearings appear in 
40 CFR part 178. 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-2005-0316 in the subject line on the first page of 
your submission. All requests must be in writing, and must be mailed or 
delivered to the Hearing Clerk on or before May 4, 2010.
    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 that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2005-0316 by one of the following methods.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.

II. Background and Statutory Findings

    In the Federal Register of March 16, 2009 (74 FR 11100) (FRL-8405-
1), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance 
petition (PP 8F7467) by JABB of the Carolinas, P.O. Box 310, Pine 
Level, NC 27568. The company's supporting documents for the notice of 
filing of the petition incorrectly assigned PP 5F6960 to this petition. 
The petition requested that 40 CFR 180.1273 be amended by expanding the 
uses covered by the existing exemption from the requirement of a 
tolerance for residues of Beauveria bassiana HF23. This notice 
indicated that a summary of the petition prepared by the petitioner was 
included in the docket for this action.
     One anonymous public comment was posted to the docket asserting 
that foods should have zero pesticide residues and requested labeling 
for all foods with any residue above the zero level. The commenter also 
referred to the toxicity of chemicals and their possible link to 
cancer.
    The Agency's response to this comment follows. This active 
ingredient, Beauveria bassiana HF23, occurs naturally in the 
environment and the human population is potentially exposed to it 
regardless of whether it is registered as a pesticide or not. Thus, it 
is not even possible to eliminate exposure to this substance since it 
is a naturally occurring ubiquitous soil microbe.
    EPA regulates pesticides according to peer-reviewed and publicly 
available guidelines that describe endpoints for human health risk 
assessment. Tests are conducted with the active ingredient or end-use 
product in surrogate animals through various routes of administration 
(i.e., oral, dermal, pulmonary, etc.). Any effects seen are reported to 
the Agency, peer-reviewed, and evaluated to determine whether the 
effects of the test material demonstrate infectivity, acute toxicity, 
or pathogenicity. Beauveria bassiana HF23 has demonstrated a low 
toxicity profile in such testing and did not trigger the need for 
further testing for carcinogenicity. Summaries of data reviewed in 
support of this active ingredient are available in the Biopesticide 
Registration Action Document (BRAD) on Beauveria bassiana HF23 
(www.epa.gov/pesticide/biopesticides) and in the final rule published 
for use of the active ingredient for chicken manure treatment in the 
Federal Register on January 10, 2007 (72 FR 1177) (FRL-8108-4).
    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 section 408(c)(2)(B) of FFDCA, in 
establishing or maintaining in effect an exemption from the requirement 
of a tolerance, EPA must take into account the factors set forth in 
section 408(b)(2)(C) of FFDCA, which require EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in

[[Page 10188]]

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) of FFDCA 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 section 408(b)(2)(D) of FFDCA, 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.
    Beauveria bassiana HF23 is a fungus with insecticidal properties. 
It is a naturally occurring, ubiquitous soil microbe. This strain, and 
other strains of Beauveria bassiana that are registered as pesticides, 
demonstrate low toxicity potential and are not likely to harm human 
adults, infants, and children. An exemption from tolerance has already 
been established in 40 CFR 180.1273 for residues of Beauveria bassiana 
HF23 on all food/feed commodities, when the pesticide is used to treat 
chicken manure (72FR 1177, January 10, 2007). The toxicological profile 
of this active ingredient was published in that final rule and 
summaries of the studies cited in support of this tolerance exemption 
amendment are available in the BRAD on www.epa.gov/pesticides/biopesticides. The registrant now cites those data and provides 
additional information to support expanding the tolerance exemption to 
include residues on food/feed commodities from agricultural crops 
fertilized with manure from livestock facilities, where the manure was 
treated with Beauveria bassiana HF23. Reference to those studies are 
included in the following discussion.

    Based on the previously reviewed data, the Agency classified the 
active ingredient as Toxicity Category IV for acute oral and acute 
pulmonary effects and Toxicity Category III for acute dermal effects. 
These studies indicated that the pesticide was not toxic, infective or 
pathogenic via these routes of exposure. Also, the test organism was 
not toxic or pathogenic to rats via the intraperitoneal route. 
Immunotoxicity testing is not required for this active ingredient 
because it does not contain viruses that are known to interact in an 
adverse manner with the mammalian immune system.
    No incidents of hypersensitivity associated with the TGAI or 
proposed components of the EP have been reported or are found in the 
scientific literature to date. However, as with all pesticides, any 
incidents of hypersensitivity or other adverse effects associated with 
the use of Beauveria bassiana HF23 must be reported to the Agency, in 
accordance with the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) section 6(a)(2).

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of FFDCA directs EPA 
to consider available information concerning exposures from the 
pesticide residue in food and all other non-occupational 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

    1. Food. The pesticide is intended for the control of houseflies in 
livestock and chicken facilities. In livestock facilities, the 
pesticide is to be applied as bait in stations that are not within 
reach of livestock or as a spray to the facilities. In chicken 
facilities, the pesticide is applied directly onto the chicken manure 
to control houseflies as well as to the walls of the chicken houses. 
The pesticide is not applied directly either to chicken or livestock, 
nor is it applied directly to food or feed. In light of these uses in 
chicken and livestock facilities, the Agency has evaluated whether 
there is any potential for residues of the pesticide to result in or on 
meat, milk, poultry, eggs, or other products derived from chickens or 
livestock present in such facilities. In addition, the Agency has 
considered whether there is any potential for residues to result in 
food or feed crops as a result of the use of treated manure as 
fertilizer for agricultural crops.
    With respect to meat, milk, poultry, eggs, or other products 
derived from chickens or livestock, the Agency has considered the 
following. First, as already explained in the aforementioned BRAD and 
in the prior final rule granting a tolerance exemption for Beauveria 
bassiana HF23 (Unit III.A. and B., 72 FR 1177, January 10, 2007), the 
acute oral and dermal toxicity tests in mammals resulted in the Agency 
classifying the fungus as a low Toxicity Category IV for acute oral 
effects and Toxicity Category III for acute dermal effects. Second, 
acute toxicology tests involving dermally administered Beauveria 
bassiana HF23 led to a toxicity Category III acute dermal 
classification for the fungus. Third, there were no signs of 
infectivity in tissues examined during the acute intraperitoneal test 
in mammalian rodents. Fourth, an acute oral toxicity test conducted in 
chicken also demonstrated that the active ingredient is not toxic, 
infective or pathogenic to chicken. Fifth, clearance was observed in 
all tissues analyzed during these avian and mammalian tests and they 
were conducted with guideline levels of the active ingredient, with no 
toxic, infective or pathogenic effects to the avian and mammalian test 
organisms. Summaries of these tests can be found in the prior final 
rule published on January 10, 2007 (72 FR 1177, Unit III. A, B, and E) 
and in the BRAD for Beauveria bassiana HF23. Based on all of this, the 
Agency concludes that residues of the pesticide are not likely to be 
transferred to meat, milk, eggs, poultry or other products derived from 
chicken and livestock as a result of treating chicken and livestock 
facilities with the pesticide.
    Moreover, to the extent that there could be negligible residues 
resulting in meat, milk, eggs, poultry, or other products derived from 
the chicken and livestock from such facilities, it is expected that 
they will not be greater than naturally occurring background levels to 
which humans already are possibly exposed due to the fact that this is 
a ubiquitous soil microbe. In addition, to the extent that there were 
any potential negligible residues of the fungus Beauveria bassiana HF23 
resulting in meat, milk, eggs, poultry, or other products derived from 
the chicken or livestock from treated facilities, which, again, is 
unlikely and not expected, it is expected that they would be removed in 
connection with the steps taken to prepare such products for market and 
consumption. For example, the shells of eggs are washed, and eggs are 
cooked prior to human consumption. The shells also can be expected to 
prevent any residues of the pesticide from getting into the edible

[[Page 10189]]

portions of eggs. Feathers are removed from chickens and hides from 
livestock during dressing operations and meat and poultry preparation. 
These measures are expected to remove any potential negligible residues 
prior to human consumption. Similarly, washing, cleaning and other 
processes when preparing meat, as well as the pasteurization of milk, 
would remove any potential negligible residues from meat and milk.
    In connection with the use of treated manure as fertilizer for 
agricultural crops, the Agency has concluded that while it is possible 
for extremely low or negligible residues to result in or on food and 
feed derived from those crops, this, nonetheless, is unlikely for the 
following reasons. First, prior to being used on agricultural crops, 
chicken and livestock manure is composted. This is significant because 
Beauveria bassiana HF23 does not survive temperatures greater than 37 
degrees Centigrade (the average mammalian body temperature), and thus, 
would not be expected to survive the higher temperatures of composting 
(40-50 degrees Centigrade on average) (Master Records Identification 
(MRID)) 46526011. In addition, Beauveria bassiana HF23 does not survive 
in Ultraviolet (UV) light, so it is likely that any residues that 
survived composting would be destroyed by UV light once the treated 
manure is applied to agricultural crops in the field if the pesticide 
is used as labeled.
    On the basis of the foregoing considerations, and mindful of the 
previously mentioned studies that indicate that Beauveria bassiana HF23 
is not toxic, infective or pathogenic via the tested routes of 
exposure, is not toxic or pathogenic to rats via the intraperitoneal 
route, and does not contain viruses that are known to interact in an 
adverse manner with the mammalian immune system, the Agency concludes 
that no harm is expected to human adults, children, or infants via 
consumption of any food products derived from chicken or livestock 
potentially exposed to the pesticide as a result of its use (in 
accordance with label directions) in chicken and livestock facilities, 
or via consumption of any food products derived from agricultural crops 
to which treated manure has been applied as a fertilizer.
    2. Drinking water exposure. No drinking water exposure is 
anticipated because of the use patterns, use sites, and the nature of 
the active ingredient at issue. The pesticide is to be used for indoor 
treatment of chicken and livestock facilities. It will be applied in 
either a suspension or a granular bait formulation. Most notably, there 
are no aquatic use sites permitted for this pesticide. Thus, there is 
likely to be no access to sources of drinking water as a result of 
applications within such facilities. Moreover, even if the pesticide 
did somehow reach drinking water as a result of the permitted indoor 
uses, Beauveria bassiana HF23 is not known to proliferate in aquatic 
environments (BRAD Chapter III.C).
    The Agency also does not expect any residues in drinking water or 
ground water as a result of application of treated manure that is used 
as fertilizer on agricultural crops. Beauveria bassiana HF23 is a soil 
microbe. As discussed in Unit IV.A.1, this microbe is not likely to 
survive composting temperatures or subsequent exposure to UV light. In 
addition, because soil microbes generally tend to seek their nutrients 
and grow in the upper levels of soil and do not, as a result, penetrate 
lower soil levels that are more akin to filtration beds, Beauveria 
bassiana HF23 is not expected to percolate into soil and reach ground 
water (see BRAD Chapter III.C.). Thus, transfer of this naturally 
occurring, low toxicity, soil borne microbe from soil to ground water 
is unlikely.
    Accordingly, the Agency concludes that Beauveria bassiana HF23, 
when used as labeled and in accordance with good agricultural 
practices, is not likely to pose any incremental dietary risk to human 
adults, children, or infants via consumption of drinking water (see 
BRAD and 72 FR 1177, Jan. 10, 2007).

B. Other Non-Occupational Exposure

    1. Dermal exposure. EPA has concluded that there is unlikely to be 
any non-occupational dermal exposure because the use sites are 
commercial and agricultural.
    2. Inhalation exposure. Similarly, non-occupational inhalation 
exposure to Beauveria bassiana HF23 from its proposed commercial and 
agricultural use as a pesticide to treat chicken manure or livestock 
facilities is not anticipated.
    In summary, the potential aggregate exposure as a result of the use 
of the pesticidal active ingredient Beauveria bassiana HF23 is not 
likely to pose a hazard via aggregate exposure. This includes potential 
hazards derived from (i.) dietary exposure from the treated food/feed 
commodities, (ii.) drinking water potentially exposed secondary to 
treatment of sites with this pesticide; and (iii.) dermal and 
inhalation non-occupational exposure of populations exposed to 
Beauveria bassiana HF23.

V. Cumulative Effects

    Three other Beauveria bassiana strains are registered. While they 
show the same mechanism as entomopathogens, they are involved in 
treatments of specific target pests. In this instance, Beauveria 
bassiana HF23 is directed against the public health hazard, houseflies. 
Because Beauveria bassiana HF23 does not operate via a toxic mechanism, 
section 408(b)(2)(D)(v) does not apply. In any event, since none of the 
registered strains are toxic, infective or pathogenic to humans and 
other mammals or other non-target organisms, cumulative adverse health 
or environmental effects of Beauveria bassiana HF23 are not expected.

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

    The Agency has concluded that there is a reasonable certainty that 
no harm will result from aggregate exposures to Beauveria bassiana HF23 
in or on all food commodities, when the pesticide is used to treat 
manure in chicken and livestock facilities, which manure will in turn 
be used as fertilizer on agricultural crops. The Agency bases this 
conclusion on the data that demonstrate this substance has little to no 
toxicity or infectivity. Based on all the available information, the 
Agency concludes that the fungus, Beauveria bassiana HF23, is non-toxic 
to mammals, including infants and children. Because there are no 
threshold effects of concern to infants, children, and adults when 
Beauveria bassiana HF23 is used as a pesticidal active ingredient, the 
Agency has determined that the additional margin of safety is not 
necessary to protect infants and children, and that not adding any 
additional margin of safety will be safe for infants and children. As a 
result, EPA has not used a margin of exposure (safety) approach to 
assess the safety of Beauveria bassiana HF23.

VII. Other Considerations

A. Endocrine Disruptors

    See Federal Register, 72 FR 1177, January 10, 2007.

B. Analytical Method(s)

    See Federal Register, 72 FR 1177, January 10, 2007.

C. Codex Maximum Residue Level

    There is no Codex Maximum Residue Level (MRL) for residues of 
Beauveria bassiana HF23 on all food commodities.

VIII. Conclusions

    In summary, the Agency has determined that, based on available data

[[Page 10190]]

and information, there is a reasonable certainty of no harm from 
aggregate exposure to Beauveria bassiana HF23 on all food commodities, 
resulting either from its use (in accordance with all label direction 
and good agricultural practices) in chicken and livestock facilities or 
as a result of the subsequent use of treated manure from livestock and 
chicken facilities as fertilizer on agricultural crops. Thus, an 
exemption from the requirement of a tolerance is being granted for 
residues of Beauveria bassiana HF23 on all food commodities in response 
to pesticide petition PP 8F7467.

IX. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of 
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). 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 section 408(d) of FFDCA, such as the tolerance 
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 section 408(n)(4) of FFDCA. 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) (Public Law 104-4).
    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), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
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 this final rule in the Federal 
Register. This final 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: February 25, 2010.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180.1273 continues to read as 
follows:

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

0
2. In subpart D, revise Sec. 180.1273 to read as follows:


Sec.  180.1273.  Beauveria bassiana HF23; exemption from the 
requirement of a tolerance.

    Residues of Beauveria bassiana HF23 are exempt from the requirement 
of a tolerance on all food/feed commodities, when the pesticide is used 
for the treatment of chicken and livestock facilities, including the 
treatment of chicken and livestock manure.
[FR Doc. 2010-4544 Filed 3-4-10; 8:45 am]
BILLING CODE 6560-50-S