Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Notices 56181

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 bifenthrin on

broccoli, cauliflower, cabbage, lettuce,

and rapini to control whiteflies.

Information in accordance with 40 CFR

part 166 was submitted as part of this

request.

According to the Applicant, materials

are still not available to growers which

will provide them with satisfactory late

season control of the silverleaf whitefly.

An alternative is available for early

season control (imidacloprid), which

the registrant (Bayer, Inc.) does not want

used throughout the growing season, in

order to avoid potential for the whitefly

to develop resistance to imidacloprid.

The Applicant states that when used in

a complementary fashion (imidacloprid

for early season control, and bifenthrin

for late), these two materials have

helped the growers to continue to grow

a marketable crop in the past several

years. Without this use of bifenthrin, the

Applicant claims that growers will

suffer significant economic loss due to

inadequate control of the silverleaf

whitefly in the aforementioned crops.

Under the proposed exemption, a

maximum of four applications for

lettuce, and five applications for

broccoli, cauliflower, cabbage, and

rapini would be made at 0.08 to 0.1 lb.

active ingredient (5.2 to 6.4 fl. oz. of

product) per acre, by ground or air

equipment. At the maximum rates and

acreages, the uses proposed in this

request could result in a potential total

of 27,000 lbs. of active ingredient used.

Other restrictions proposed include: a

20–day pre-harvest interval; aquatic

buffer zones of 25 ft. for ground and 150

ft. by air; and buffer zones around

endangered species habitat of 40 yards

for ground and 200 yards by aerial

application.

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 of an application for a specific

exemption proposing a use which has

been requested or granted in any 3

previous years, and a complete

application for registration and/or

tolerance petition has not been

submitted to the Agency [40 CFR 166.24

(a)(6)]. 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-181049] (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: oppdocket@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 5.1/6.1 or ASCII file

format. All comments and data in

electronic form must be identified by

the docket control number [OPP–

181049]. 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 exemption requested by the

California Department of Pesticide

Regulation.

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. 97–28658 Filed 10–28–97; 8:45 am]

BILLING CODE 6560–50–F

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.

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: oppdocket@epamail.epa.gov. 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:

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 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
56182 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Notices

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: oppdocket@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 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

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5914–7]

Joint EPA/State Agreement on Pursue

Regulatory Innovation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: The purpose of this notice is

to solicit public comment on the draft

Joint EPA/State Agreement to Pursue

Regulatory Innovation. This draft was

prepared jointly by the EPA and the

Environmental Council of the States

(ECOS). The agreement will provide a

framework for how EPA and the States

will promote and implement future

regulatory innovation efforts. A copy of

this notice is available on the Internet at

http://www.epa.gov/reinvent.

DATE: Comments are due by November

28, 1997.

ADDRESSES: Comments may be

submitted to: Gail Robarge, Office of

Reinvention (mailcode 1102), 401 M

Street, SW., Washington, DC 20460;

email address:

robarge.gail@epamail.epa.gov. ECOS

members may submit comments to: Tina

Parker, Environmental Council of the

State, 444 N. Capitol Street, NW., Suite

305, Washington, DC 20001; email

address tparker@sso.org.

FOR FURTHER INFORMATION CONTACT: Gail

Robarge, EPA Office of Reinvention,

phone 202/260–9101, email

robarge.gail@epamail.epa.gov; or Bruce

Brott, Minnesota Pollution Control

Agency, phone 612/297–8380, email

bruce.brott@pca.state.mn.us.

SUPPLEMENTARY INFORMATION:

Background

In order to find new, better and more

efficient and effective ways to improve

environmental protection, the ECOS and

EPA Administrator formed a joint task

group to develop an agreement on EPAState regulatory innovation. The

purposes of the agreement are to:

improve environmental protection in

the United States; improve EPA/State

environmental management systems;

and provide for timely decision-making

on innovation proposals.

The agreement establishes guiding

principles for innovation and an

efficient process that is receptive to

innovative proposals from the States for

achieving shared environmental

objectives. The agreement will

encourage and facilitate the exploration

of ideas which are potentially more

cost-effective and/or have a better

environmental impact. It will improve

decision-making between the States and

EPA on innovation proposals,

emphasizing clear lines of

communication, decision authority,

accountability and timeliness. It will

provide opportunities for stakeholder

involvement at the state and national

levels.

An informal stakeholder meeting was

held to discuss the draft agreement in

September. Participants offered many

thoughtful comments and constructive

suggestions (a summary of this meeting

is posted on the Web at http://

www.epa.gov/reinvent). Comments

from the meeting will be taken into

consideration by EPA and ECOS as we

review other comments received during

the next 30 days.

A public meeting to discuss the draft

agreement will be held on Nov. 20,

1997, in Washington, D.C. Please

contact Louise McLaurin (202/260–4261

or mclaurin.louise@epamail.epa.gov) to

register for the meeting and to obtain

details regarding time and location.

TEXT OF DRAFT AGREEMENT

Part 1

Joint EPA/State Agreement To Pursue

Regulatory Innovation

‘‘* * * We must encourage innovation by

providing flexibility with an industry-byindustry, place-by-place approach to

achieving standards,* * * But we will

require accountability that such standards be

met. Rather than focusing on pollutant-bypollutant approaches, attention must shift to

integrated strategies for whole facilities,

whole economic sectors, and whole

communities.’’ [Excerpt from President

Clinton’s ‘‘Reinventing Environmental

Regulation,’’ March 16, 1995]

The U.S. Environmental Protection

Agency and the states agree on the need

to experiment with new approaches to

improve our nation’s environment.

These new approaches can help us

identify cleaner, cheaper, smarter ways