This regulation establishes an exemption from the requirement of a tolerance for residues of the Ea peptide 91398 on all food commodities when applied/used as a biochemical pesticide. Plant Health Care, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Ea peptide 91398.