97-28643. Emamectin Benzoate; Receipt of Application for Emergency Exemption, Solicitation of Public Comment  

  • [Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
    [Notices]
    [Pages 56181-56182]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-28643]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [OPP-181050; FRL 5752-5]
    
    
    Emamectin Benzoate; Receipt of Application for Emergency 
    Exemption, Solicitation of Public Comment
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: EPA has received a specific exemption request from the Florida 
    Department of Agriculture (hereafter referred to as the ``Applicant'') 
    to use the pesticide emamectin benzoate (CAS 137512-74-4) (formulated 
    as ``Proclaim 5SG'') to control the diamondback moth on up to 13,400 
    acres of the Brassica (cole) leafy vegetable group in Florida. The 
    Applicant proposes the use of a ``new'' chemical (an active ingredient 
    not currently found in any registered product). In accordance with 40 
    CFR 166.24, EPA is soliciting public comment before making the decision 
    whether or not to grant the exemption.
    
    DATES: Comments must be received on or before November 13, 1997.
    ADDRESSES: Three copies of written comments, bearing the identification 
    notation ``OPP-181050,'' should be submitted by mail to: Public 
    Information and Records Integrity Branch, Information Resources 
    Services Division, (7502C), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
    bring comments to: Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis 
    Highway, Arlington, VA.
        Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instructions under ``SUPPLEMENTARY 
    INFORMATION.'' No Confidential Business Information (CBI) should be 
    submitted through e-mail.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    CBI. Information so marked will not be disclosed except in accordance 
    with procedures set forth in 40 CFR part 2. A copy of the comment that 
    does not contain CBI must be submitted for inclusion in the public 
    record. Information not marked confidential will be included in the 
    public docket by EPA without prior notice. The public docket is 
    available for public inspection in Rm. 1132 at the Virginia address 
    given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding 
    legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Olga Odiott, Registration 
    Division (7505C), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location, telephone number and e-mail: Rm. 268, CM #2, 1921 Jefferson 
    Davis Highway, Arlington, VA, (703) 308-9363; e-mail: 
    odiott.olga@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: Pursuant to Section 18 of the Federal 
    Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), 
    the Administrator may, at her discretion, exempt a state agency from 
    any registration provision of FIFRA if she determines that emergency 
    conditions exist which require such exemption. The Applicant has 
    requested the Administrator to issue a specific exemption for the use 
    of emamectin benzoate on the Brassica (cole) leafy vegetable group to 
    control the diamondback moth. Information in
    
    [[Page 56182]]
    
    accordance with 40 CFR part 166 was submitted as part of this request.
        The Applicant states that the diamondback moth, a pest of almost 
    all crops in the cole vegetable group, has become resistant to 
    registered materials, which were formerly effective at providing 
    control. The applicant states that without an effective control such as 
    emamectin benzoate, the cole crop growers in Florida will likely suffer 
    severe economic losses.
        The Applicant proposes to apply emamectin benzoate at a rate of 
    0.015 lb. active ingredient (a.i.) per acre with a maximum of six 
    applications per crop season, but no more than 0.09 lb. a.i., applied 
    per acre per crop season. The proposed use is for up to 13,400 acres of 
    the cole vegetable group. Therefore, use under this exemption could 
    potentially amount to a maximum total of 1,206 lbs. of the active 
    ingredient, emamectin benzoate. This is the first time an exemption 
    request for this use has been requested by the state of Florida.
        This notice does not constitute a decision by EPA on the 
    application itself. The regulations governing section 18 require 
    publication of a notice of receipt in the Federal Register for an 
    application for a specific exemption proposing the use of a new 
    (unregistered) chemical. Such notice provides for opportunity for 
    public comment on the application.
        The official record for this notice, as well as the public version, 
    has been established for this notice under docket number [OPP-181050] 
    (including comments and data 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 8:30 a.m. to 4 p.m., Monday 
    through Friday, excluding legal holidays. The official notice record is 
    locate at the address in ``ADDRESSES'' at the beginning of this 
    document.
        Electronic comments can be send directly to EPA at: docket@epamail.epa.gov
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comments and data 
    will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file 
    format. All comments and data in electronic form must be identified by 
    the docket number [OPP-181050]. Electronic comments on this notice may 
    be filed online at many Federal Depository Libraries.
        Accordingly, interested persons may submit written views on this 
    subject to the Information Resources and Services Division at the 
    address above. The Agency will review and consider all comments 
    received during the comment period in determining whether to issue the 
    emergency exemption requested by the Florida Department of Agriculture.
    
    List of Subjects
    
        Environmental protection, Pesticides and pests, Emergency 
    exemptions.
    
        Dated: October 17, 1997.
    
    James Jones,
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 97-28643 Filed 10-28-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
10/29/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-28643
Dates:
Comments must be received on or before November 13, 1997.
Pages:
56181-56182 (2 pages)
Docket Numbers:
OPP-181050, FRL 5752-5
PDF File:
97-28643.pdf