[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Notices]
[Pages 21814-21815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10618]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180970; FRL 4951-2]
Cymoxanil 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
Delaware, Minnesota, and Pennsylvania Departments of Agriculture, the
New York Department of Environmental Conservation, and the Wisconsin
Department of Agriculture, Trade, and Consumer Protection (hereafter
referred to as the ``Applicants'') to use the pesticides cymoxanil (CAS
57966-95-7) and dimethomorph (CAS 110488-70-5) to treat up to 5,000
(DE), 60,000 (MN), 30,000 (NY), 24,000 (PA), and 30,000 (WI) acres of
potatoes to control metalaxyl-resistant late blight. The Applicants
propose the use of new (unregistered) chemicals; 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 May 18, 1995.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180970,'' 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 sending
electronic mail (e-mail) to: 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. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number [OPP-180970; FRL 4951-2]. No ``Confidential Business
Information'' (CBI) should be submitted through e-mail. Electronic
comments on this notice may be filed online at many Federal Depository
Libraries. Additional information on electronic submissions can be
found below in this document.
Information submitted in any comment concerning this notice may be
claimed confidential by marking any part or all of that information as
``Confidential Business Information.'' 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 Confidential
Business Information 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 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 and telephone number: 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 Applicants have
requested the Administrator to issue specific exemptions for the use of
cymoxanil and/or dimethomorph on potatoes to control late blight.
Information in accordance with 40 CFR part 166 was submitted as part of
these requests.
Recent failures to control late blight in 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 Applicants state that
presently, there are no fungicides registered in the U.S. that will
provide adequate control of the immigrant strains of late blight. The
Applicants state that both dimethomorph and cymoxanil have been shown
to be effective against these strains of late blight. Both of these
materials hold current registrations throughout many European countries
for control of this disease. The Applicants state that losses in some
states have been greater than $10 million per year for the past 3
years, due [[Page 21815]] to these new strains of late blight, and some
growers have completely lost their crops and will go out of business.
These costs do not include the increased amount of money spent on
fungicides in attempts to control this disease. Under appropriate
conditions, it is possible that this disease could develop to epidemic
proportions, causing major changes and losses to the U.S. potato
industry. Although exemption requests have thus far been received from
DE, MN, NY, PA and WI, EPA expects to receive requests from other
potato growing states as well.
The Applicants propose to apply cymoxanil at a maximum rate of 0.1
lbs. active ingredient [a.i.], (1.25 lb. of product) per acre, by
ground or air, with a maximum of 5 applications per season, to a
maximum of the following acreages of potatoes: 5,000 (DE), 60,000 (MN),
30,000 (NY), 24,000 (PA), 30,000 (WI). Therefore, use under this
exemption could potentially amount to the following maximum amounts of
cymoxanil: DE: 2,500 lbs. a.i. (31,250 lbs. product); MN: 30,000 lbs.
a.i. (375,000 lbs. product); NY: 15,000 lbs. a.i. (187,500 lbs.
product); PA: 12,000 lbs. a.i. (150,000 lbs. product); WI: 15,000 lbs.
a.i. (187,500 lbs. product).
The Applicants propose to apply dimethomorph at a maximum rate of
0.18 lbs. a.i. (2.25 lb. of product) per acre, by ground or air, with a
maximum of 5 applications per season, to a maximum of the following
acreages of potatoes: 5,000 (DE), 60,000 (MN), 30,000 (NY), 24,000
(PA), 30,000 (WI). Therefore, use under this exemption could
potentially amount to the following maximum total amounts of
dimethomorph: DE: 4,500 lbs. a.i. (56,250 lbs. product); MN: 54,000
lbs. a.i. (675,000 lbs. product); NY: 27,000 lbs. a.i. (337,500 lbs.
product); PA: 21,600 lbs. a.i. (270,000 lbs. product); WI: 27,000 lbs.
a.i. (337,500 lbs. product). This notice does not constitute a decision
by EPA on the applications.
The regulations governing section 18 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 not contained in any
currently registered pesticide). 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.
A record has been established for this notice under docket number
OPP-180970; FRL 4951-2 (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 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The public record is located in Room 1132 of the Public Response and
Program Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2,
1921 Jefferson Davis Highway, Arlington, VA.
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.
The official record for this notice, as well as the public version,
as described above will be kept in paper form. Accordingly, EPA will
transfer all comments received electronically into printed, paper form
as they are received and will place the paper copies in the official
record which will also include all comments submitted directly in
writing. The official record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
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 Delaware, Minnesota, and
Pennsylvania Departments of Agriculture, the New York Department of
Environmental Conservation, and the Wisconsin Department of
Agriculture, Trade, and Consumer Protection.
List of Subjects
Environmental protection, Pesticides and pests, Crisis exemptions.
Dated: April 21, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-10618 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-F
