[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Notices]
[Pages 24918-24919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11634]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181045; FRL 5714-4]
Benomyl; Receipt of Application 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 North
[[Page 24919]]
Dakota Department of Agriculture and the Minnesota Department of
Agriculture (hereafter referred to as the ``Applicants'') to use the
pesticide benomyl (CAS 17804-35-2) (formulated as ``Benlate
Fungicide'') for the control of Sclerotinia stem rot in canola. A
maximum of 60,000 acres in North Dakota, and a maximum of 10,500 acres
in Minnesota could be treated. The Applicants propose the use of a
pesticide which contains an active ingredient which has been the
subject of a Special Review, and is intended for a use that could pose
similar risks to the risks posed by the uses that were the subject of
the Special Review. 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 22, 1997.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181045,'' 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.'' 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 Room
1132, Crystal Mall #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: Olga Odiott, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460; Office
location, telephone number and e-mail: Sixth floor, Crystal Station #1,
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-6418; 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 Applicants have
requested the Administrator to issue specific exemptions for the use of
benomyl on canola to control the Sclerotinia stem rot. Information in
accordance with 40 CFR part 166 was submitted as part of the requests.
The Applicants state that the last 4 years have been favorable to
the buildup of Sclerotinia in the soil, and that experience with other
crops indicates the Sclerotinia levels are sufficiently high to place
the canola crop in a highly vulnerable position if a rainy period
occurs when the crop is flowering. The Applicants state that canola
growers will likely suffer severe economic losses since there are no
registered alternative pesticides available and the fungus has become
sufficiently widespread that crop rotation will be of limited
effectiveness in the major canola producing areas.
The Applicants propose to make a single aerial application of
benomyl at a rate of 0.5 lbs. active ingredient (a.i.) per acre during
the 20 to 30 percent bloom stage. The need for application of the
fungicide will be determined by the weather in the weeks prior to bloom
and the yield potential. The proposed use is for up to 60,000 acres of
canola in North Dakota, and 10,500 acres of canola in Minnesota.
Therefore, use under these exemptions could potentially amount to a
maximum total of 35,250 lbs. of the active ingredient, benomyl (30,000
in North Dakota and 5,250 in Minnesota). Emergency exemptions for this
use were granted to North Dakota in 1989 thru 1992.
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 pesticide
which contains an active ingredient which has been the subject of a
Special Review, and is intended for a use that could pose similar risks
to the risks posed by the uses that were the subject of the Special
Review. 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-181045]
(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-181045]. Electronic comments on
this notice may be filed online at many Federal Depository Libraries.
The Agency will review and consider all comments received during
the comment period in determining whether to issue the emergency
exemptions requested by the North Dakota Department of Agriculture and
the Minnesota Department of Agriculture.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: April 23, 1997.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 97-11634 Filed 5-6-97; 8:45 am]
BILLING CODE 6560-50-F
