[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Pages 56181-56182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28643]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181050; FRL 5752-5]


Emamectin Benzoate; 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 Florida 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide emamectin benzoate (CAS 137512-74-4) (formulated 
as ``Proclaim 5SG'') to control the diamondback moth on up to 13,400 
acres of the Brassica (cole) leafy vegetable group in Florida. The 
Applicant proposes the use of a ``new'' chemical (an active ingredient 
not currently found in any registered product). In accordance with 40 
CFR 166.24, EPA is soliciting public comment before making the decision 
whether or not to grant the exemption.

DATES: Comments must be received on or before November 13, 1997.
ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181050,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources 
Services Division, (7502C), 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 to: <a href="/cdn-cgi/l/email-protection#cea1bebee3c4aaa1ada5abba8eabbeafa3afa7a2e0abbeafe0a9a1b8">opp-
<span class="__cf_email__" data-cfemail="c7a3a8a4aca2b387a2b7a6aaa6aeabe9a2b7a6e9a0a8b1">[email protected]</span></a>. Follow the instructions under ``SUPPLEMENTARY 
INFORMATION.'' No Confidential Business Information (CBI) should be 
submitted through e-mail.
    Information submitted as a comment concerning this document 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 submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. The public docket is 
available for public inspection in Rm. 1132 at the Virginia address 
given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Olga Odiott, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number and e-mail: Rm. 268, CM #2, 1921 Jefferson 
Davis Highway, Arlington, VA, (703) 308-9363; e-mail: 
<a href="/cdn-cgi/l/email-protection#3e515a57514a4a105152595f7e5b4e5f535f5752105b4e5f10595148"><span class="__cf_email__" data-cfemail="b6d9d2dfd9c2c298d9dad1d7f6d3c6d7dbd7dfda98d3c6d798d1d9c0">[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 a specific exemption for the use 
of emamectin benzoate on the Brassica (cole) leafy vegetable group to 
control the diamondback moth. Information in

[[Page 56182]]

accordance with 40 CFR part 166 was submitted as part of this request.
    The Applicant states that the diamondback moth, a pest of almost 
all crops in the cole vegetable group, has become resistant to 
registered materials, which were formerly effective at providing 
control. The applicant states that without an effective control such as 
emamectin benzoate, the cole crop growers in Florida will likely suffer 
severe economic losses.
    The Applicant proposes to apply emamectin benzoate at a rate of 
0.015 lb. active ingredient (a.i.) per acre with a maximum of six 
applications per crop season, but no more than 0.09 lb. a.i., applied 
per acre per crop season. The proposed use is for up to 13,400 acres of 
the cole vegetable group. Therefore, use under this exemption could 
potentially amount to a maximum total of 1,206 lbs. of the active 
ingredient, emamectin benzoate. This is the first time an exemption 
request for this use has been requested by the state of Florida.
    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 new 
(unregistered) chemical. 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-181050] 
(including comments and data 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 
locate at the address in ``ADDRESSES'' at the beginning of this 
document.
    Electronic comments can be send directly to EPA at: <a href="/cdn-cgi/l/email-protection#026d72722f08666d61696776426772636f636b6e2c6772632c656d74">opp-
<span class="__cf_email__" data-cfemail="1f7b707c747a6b5f7a6f7e727e7673317a6f7e31787069">[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 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-181050]. Electronic comments on this notice may 
be filed online at many Federal Depository Libraries.
    Accordingly, interested persons may submit written views on this 
subject to the Information Resources and Services Division at the 
address above. The Agency will review and consider all comments 
received during the comment period in determining whether to issue the 
emergency exemption requested by the Florida Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: October 17, 1997.

James Jones,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 97-28643 Filed 10-28-97; 8:45 am]
BILLING CODE 6560-50-F


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