[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Notices]
[Pages 70017-70019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32184]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181071; FRL-6394-2]
Helix; 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 North
Dakota Department of Agriculture to use the pesticide product Helix,
containing the registered active ingredients difenoconazole (CAS No.
119446-68-3), fludioxonil (CAS No. 131341-86-1), and (R)-(2,6-
dimethylphenyl)-methoxyacetylamino]-propionic acid methyl ester (CAS
No. 70630-17-0) and the unregistered active ingredient thiamethoxam to
treat up to 2,400,000 pounds of canola seed to control flea beetles.
The Applicant proposes the use of a new chemical which has not been
registered by the EPA. EPA is soliciting public comment before making
the decision whether or not to grant the exemption.
DATES: Comments, identified by docket control number OPP-181071, must
be received by December 30, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION.'' To ensure
proper receipt by EPA, it is imperative that you identify docket
control number OPP-181071 in the subject line on the first page of your
response.
FOR FURTHER INFORMATION CONTACT: Stephen Schaible, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460; telephone
number: 703-308-9362; fax number: 703-308-5433; e-mail address:
schaible.stephen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you petition EPA
for emergency exemption under section 18 of FIFRA. Potentially affected
categories and entities may include, but are not limited to:
------------------------------------------------------------------------
Examples of
Categories NAICScodes potentially
affectedentities
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State government 9241 State agencies that
petition EPA for
section 18
pesticide
exemption
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[[Page 70018]]
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be regulated by this
action. Other types of entities not listed in the table in this unit
could also be regulated. The North American Industrial Classification
System (NAICS) codes have been provided to assist you and others in
determining whether or not this action applies 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 Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register--Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number OPP-181071. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-181071 in the subject line on
the first page of your response.
1. By mail. Submit your comments to: Public Information and
Records Integrity Branch (PIRIB), Information Resources and Services
Division (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460.
2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
3. Electronically. You may submit your comments electronically by
e-mail to: opp-docket@epa.gov,'' or you can submit a computer disk as
described above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number OPP-181071. Electronic comments may
also be filed online at many Federal Depository Libraries.
D. How Should I Handle CBI that I Want to Submit to the Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI 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. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person listed under ``FOR FURTHER INFORMATION
CONTACT.''
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the proposed rule or
collection activity.
7. Make sure to submit your comments by the deadline in this
document.
8. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.
II. Background
A. What Action is the Agency Taking?
Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. The North Dakota
Department of Agriculture has requested the Administrator to issue a
specific exemption for the seed treatment use of Helix, containing the
active ingredients, difenoconazole, fludioxonil, metalaxyl, and
thiamethoxam on canola to control flea beetles. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
As part of this request, the Applicant asserts that the only
product currently registered for seed treatment use on canola to
control flea beetles, Gaucho (containing the active ingredient
imidacloprid), failed to provide control of flea beetles in 1999 under
the severe pest pressure experienced in North Dakota. The Applicant
claims that trap counts collected this fall indicate that even more
extreme infestations are likely to occur next year. It is claimed that
without the seed treatment use of Helix, significant economic losses
for canola growers in North Dakota are expected. It is expected the
Agency will soon receive additional information
[[Page 70019]]
supporting the contention that an emergency condition exists for the
remaining states the treated seed is to be shipped.
According to the Applicant, the crucifer flea beetle and the
striped flea beetle are significant pests of seedling canola. Flea
beetles injure the plants by feeding on leaf tissue, stems and pods.
Yield losses of 10% are common in canola when flea beetles are abundant
even when the crop in protected with insecticides. It is claimed that
over the last 5 years flea beetle pressure has been increasing in the
northern-tier states, resulting in significant losses to canola
producers in situations where the pest was not adequately controlled.
Flea beetles pose the greatest threat to canola seedlings when hot, dry
weather conditions occur during emergence. Under these circumstances,
flea beetles are very active and can migrate in large numbers to newly
emerging canola fields.
The Applicant proposes to make a single application treating canola
seed at a rate of 23 fluid ounces of product per 100 pounds of seed.
Under the emergency exemption, 2,400,000 lbs. of seed would be treated
with Helix; this represents an estimated planting of 400,000 acres of
canola in the United States. A total of 552,000 ounces of product would
be used, with the use season starting January 1, 1999 and extending
through March 1, 2000. Under the requested exemption, seed would be
treated in North Dakota (and possibly Idaho, should that state request
an exemption) and shipped to Minnesota, Montana, Wisconsin, South
Dakota, and Washington.
This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption proposing use of a new chemical (i.e., an active
ingredient) which has not been registered by the EPA. The notice
provides an opportunity for public comment on the application.
The Agency, will review and consider all comments received during
the comment period in determining whether to issue the emergency
exemption requested by the North Dakota Department of Agriculture.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: December 1, 1999.
James Jones,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 99-32184 Filed 12-14-99; 8:45 am]
BILLING CODE 6560-50-F
