[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Notices]
[Pages 5409-5410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2498]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181030; FRL 5583-2]


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 New York 
State Department of Environmental Conservation (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 30,000 acres of potatoes 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 February 20, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181030,'' 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: <a href="/cdn-cgi/l/email-protection#442b343469202b272f21300421342529252d286a2134256a232b32"><span class="__cf_email__" data-cfemail="ee819e9ec38a818d858b9aae8b9e8f838f8782c08b9e8fc0898198">[email protected]</span></a>. 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-181030]. 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

[[Page 5410]]

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 address: Floor 6, Crystal 
Station #1, 2800 Jefferson Davis Highway, Arlington, VA, (703) 308-
8326; e-mail: <a href="/cdn-cgi/l/email-protection#4b3b2e26292e393f24256527222929320b2e3b2a262a2227652e3b2a652c243d"><span class="__cf_email__" data-cfemail="5c2c39313e392e2833327230353e3e251c392c3d313d353072392c3d723b332a">[email protected]</span></a>.

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 potatoes 
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 potatoes as well as 
tomatoes 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 40 percent yield reduction is expected based 
on the current infestation. Net revenues are expected to be reduced by 
over $27 million for the affected acreage without the use of these 
requested chemicals.
    Specific exemptions for use of one or more of these chemicals on 
potatoes were issued to 22 states in 1995. An additional request is 
currently pending, bringing the total potential potato acreage treated 
under these requests to 885,010. Specific exemption requests for use of 
one or more of these chemicals on tomatoes have either been authorized 
or are pending for three states involving 66,500 acres. It is presumed 
that a similar number of states will be requesting each of these uses 
for the 1997 season.
    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 lbs. of product] per acre by 
ground or air, with a maximum of 5 applications per season. A 14-day 
PHI will be observed. Use under this exemption could potentially amount 
to a maximum 134,000 lbs. of propamocarb hydrochloride.
    The Applicant proposes to apply cymoxanil, manufactured by E.I. du 
Pont de Nemours and Company, as Curzate M-8, at a maximum rate of 0.12 
lbs. a.i., (1.5 lbs. of product) per acre, by ground or air, with a 
maximum of 7 applications per season and a 14-day PHI. Use under this 
exemption could potentially amount to a maximum 25,200 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 14-day PHI. Use under this 
exemption could potentially amount to a maximum 30,375 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 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) or the first food use 
of an active ingredient. Such notice provides for opportunity for 
public comment on the application.
     A record has been established for this notice under docket number 
[OPP-181030] (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 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:
    <a href="/cdn-cgi/l/email-protection#84ebf4f4a9e0ebe7efe1f0c4e1f4e5e9e5ede8aae1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="630c13134e070c00080617230613020e020a0f4d0613024d040c15">[email protected]</span></a>


    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. 
Accordingly, interested persons may submit written views on this 
subject to the Field Operations Division at the address above.
    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 New York State Department of 
Environmental Conservation.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: January 21, 1997.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 97-2498 Filed 2-4-97; 8:45 am]
BILLING CODE 6560-50-F


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