97-8398. Cymoxanil, Propamocarb Hydrochloride and Dimethomorph; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment  

  • [Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
    [Notices]
    [Pages 15698-15699]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-8398]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [OPP-181041; FRL 5597-8]
    
    
    Cymoxanil, Propamocarb Hydrochloride and Dimethomorph; Receipt of 
    Applications for Emergency Exemptions, Solicitation of Public Comment
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: EPA has received specific exemption requests from the Florida 
    Department of Agriculture and Consumer Services (hereafter referred to 
    as the ``Applicant'') to use the pesticides cymoxanil (CAS 57966-95-7), 
    propamocarb hydrochloride (CAS 25606-41-1) and dimethomorph (CAS 
    110488-70-5) to treat potentially up to 50,000 acres of tomatoes to 
    control immigrant strains of late blight which are resistant to 
    historically used control materials. The Applicant proposes the use of 
    either new (unregistered) chemicals or the first food use of an active 
    ingredient therefore, in accordance with 40 CFR 166.24, EPA is 
    soliciting public comment before making the decision whether or not to 
    grant the exemptions.
    
    DATES: Comments must be received on or before April 17, 1997.
    
    ADDRESSES: Three copies of written comments, bearing the identification 
    notation ``OPP-181041,'' should be submitted by mail to: Public 
    Response and Program Resource Branch, Field Operations Division 
    (7506C), 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 by following 
    the instructions under ``SUPPLEMENTARY INFORMATION'' of this document. 
    No Confidential Business Information (CBI) should be submitted through 
    e-mail.
        Information submitted in any comment concerning this notice 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 provided by the submitter for inclusion in 
    the public record. Information not marked confidential may be disclosed 
    publicly by EPA without prior notice. All written comments filed 
    pursuant to this notice will be available for public inspection in Rm. 
    1132, Crystal Mall No. 2, 1921 Jefferson Davis Highway, Arlington, VA, 
    from 8:30 a.m. to 4 p.m., Monday through Friday, except legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Libby Pemberton, Registration 
    Division (7505W), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location, telephone number and e-mail: Floor 6, Crystal Station #1, 
    2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8326; e-mail: 
    pemberton.libby@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 specific exemptions for the use of 
    cymoxanil, propamocarb hydrochloride, and/or dimethomorph on tomatoes 
    to control late blight. Information in accordance with 40 CFR part 166 
    was submitted as part of this request.
        Recent failures to control late blight in tomatoes as well as 
    potatoes with the registered fungicides, have been caused almost 
    exclusively by immigrant strains of late blight Phytophthora infestans, 
    which are resistant to the control of choice, metalaxyl. Before the 
    immigrant strains of late blight arrived, all of the strains in the 
    U.S. were previously controlled by treatment with metalaxyl.
        The Applicant states that presently, there are no fungicides 
    registered in the U.S. that will provide adequate control of the 
    immigrant strains of late blight. The Applicant states that each of 
    these requested chemicals has been shown to be effective against these 
    strains of late blight. Each active ingredient holds current 
    registrations throughout many European countries for control of this 
    disease. The Applicant indicates that at least a 30 percent yield 
    reduction is expected based on the current infestation. Net revenues 
    are expected to be reduced by over $12 million for the affected acreage 
    without the use of these requested chemicals.
        The Applicant proposes to apply propamocarb hydrochloride, 
    manufactured by AgrEvo USA Company, as Tattoo C, at a maximum rate of 
    0.9 lbs. active ingredient [(a.i.)], (2.3 pt of product) per acre by 
    ground or air, with a maximum of 5 applications per season. A 7-day PHI 
    will be observed. Use under this exemption could potentially amount to
    
    [[Page 15699]]
    
    a maximum 225,000 lbs. of propamocarb hydrochloride.
        The Applicant proposes to apply cymoxanil, manufactured by E.I. du 
    Pont de Nemours and Company, as Curzate M-8, and as Manex C-8, 
    manufactured by Griffin Corporation, at a maximum rate of 0.12 lbs. 
    a.i. (1.5 lb. of product) per acre, by ground or air, with a maximum of 
    7 applications per season and a 5-day PHI. Use under this exemption 
    could potentially amount to a maximum 42,000 lbs. of cymoxanil.
        The Applicant proposes to apply dimethomorph at a maximum rate of 
    0.2 lbs. a.i. (2.25 lb. of product) per acre, by ground or air, with a 
    maximum of 5 applications per season and a 5-day PHI. Use under this 
    exemption could potentially amount to a maximum 50,000 lbs of 
    dimethomorph.
        This notice does not constitute a decision by EPA on the 
    applications. The regulations governing section 18 require publication 
    of a notice of receipt in the Federal Register for an application for a 
    specific exemption proposing use of a new chemical (i.e., an active 
    ingredient not contained in any currently registered pesticide) or the 
    first food use of an active ingredient. Such notice provides for 
    opportunity for public comment on the application. Accordingly, 
    interested persons may submit written views on this subject to the 
    Field Operations Division at the address above.
        The official record for this notice, as well as the public version, 
    has been established for this notice under docket number [OPP-181041] 
    (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 8:30 a.m. to 4 p.m., 
    Monday through Friday, excluding legal holidays. The official notice 
    record is located at the address in ADDRESSES at the beginning of this 
    document.
        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. Comment and data 
    will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
    file format. All comments and data in electronic form must be 
    identified by the docket number [OPP-181041]. Electronic comments on 
    this notice may be filed online at many Federal Depository Libraries.
        The Agency, accordingly, will review and consider all comments 
    received during the comment period in determining whether to issue the 
    emergency exemptions requested by the Florida Department of Agriculture 
    and Consumer Services.
    
    List of Subjects
    
        Environmental protection, Pesticides and pests, Crisis exemptions.
    
        Dated: March 24, 1997.
    
    Stephen L. Johnson,
    Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 97-8398 Filed 4-1-97; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
04/02/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
97-8398
Dates:
Comments must be received on or before April 17, 1997.
Pages:
15698-15699 (2 pages)
Docket Numbers:
OPP-181041, FRL 5597-8
PDF File:
97-8398.pdf