Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices 11449

Dated: February 28, 1997.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

[FR Doc. 97–6014 Filed 3–11–97 8:45 am]

BILLING CODE 6560–50–F

[OPP–181036; FRL 5593–6]

Propamocarb Hydrochloride; Receipt

of Applications for Emergency

Exemptions, Solicitation of Public

Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received specific

exemption requests from the

Pennsylvania Department of Agriculture

and the California Department of

Pesticide Regulation (hereafter referred

to as the ‘‘Applicants’’) to use the

pesticide propamocarb hydrochloride

(CAS 25606–41–1) to treat potentially

up to 5,500 acres in Pennsylvania and

190,000 acres in California of tomatoes

to control immigrant strains of late

blight which are resistant to historically

used control materials. The Applicants

propose 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 March 27, 1997.

ADDRESSES: Three copies of written

comments, bearing the identification

notation ‘‘OPP–181036,’’ 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: 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 in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

[OPP–181036]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

comments on this proposed rule 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 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: 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

propamocarb hydrochloride on

tomatoes 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

tomatoes as well as 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 the requested

chemical has been shown to be effective

against these strains of late blight. The

active ingredient holds current

registrations throughout many European

countries for control of this disease. The

Applicants indicate that at least a 50

percent yield reduction is expected

based on the current infestation. Net

revenues are expected to be reduced by

over $500 million for the affected

acreage without the use of the requested

chemical.

The Applicants propose to apply

propamocarb hydrochloride,

manufactured by AgrEvo USA

Company, as Tattoo C, at a maximum

rate of 0.9 lbs. a.i. (2.3 pt of product) per

acre by chemigation, ground or air, with

a maximum of 5 applications per

season. A 7–day Preharvest Interval

(PHI) will be observed. Use under these

exemptions could potentially amount to

a maximum 175,950 lbs. of

propamocarb hydrochloride.

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 the first food use

of an active ingredient. Such notice

provides for opportunity for public

comment on the applications.

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

rulemaking under docket number [OPP–

181036] (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:

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

rulemaking, 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 rulemaking

record which will also include all

comments submitted directly in writing.
11450 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Notices

The official rulemaking 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

Pennsylvania Department of Agriculture

and the California Department of

Pesticide Regulation.

List of Subjects

Environmental protection, Pesticides

and pests, Emergency exemptions.

Dated: February 28, 1997.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

[FR Doc. 97–6013 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–F

[PF–721; FRL–5592–7]

BASF Corporation; Pesticide

Tolerance Petition Filing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of filing.

SUMMARY: This notice announces the

filing of pesticide petitions proposing

the tolerances for residues of the

pesticide pyridaben, [2-tert-butyl-5-(4-

ter-butylbenzylthio)-4-chloropyridazin3(2H)-one] and its metabolites PB-7 (2-

tert-butyl-5-[4-(1-carboxy-1-

methylethyl)benzylthio]-4-

chloropyridazin-3(2H)-one) and PB-9 (2-

tert-butyl-4-chloro-5-[4-(1,1-dimethyl-2-

hydroxyethyl)benzylthio]-

chloropyridazin-3(2H)-one). BASF is

petitioning EPA for the establishment of

tolerances for use of pyridaben to

control certain pests on apples, pears,

citrus, almonds, peaches (imported

commodity), plums (imported

commodity), and grapes (imported

commodity). The proposed tolerances

for pyridaben are: apples at 0.6 ppm,

wet apple pomace at 1.0 ppm, pears at

0.75 ppm, citrus at 0.5 ppm, dried citrus

pulp at 1.5 ppm, citrus oil at 10.0 ppm,

almonds at 0.05 ppm, almond hulls at

4.0 ppm, peaches at 0.05 ppm, plums at

0.05 ppm, and grapes at 0.75 ppm. The

proposed tolerances for pyridaben and

its metabolites are: milk at 0.01 ppm,

meat at 0.05 ppm, meat by-products at

0.05 ppm, and fat at 0.05 ppm. This

summary was prepared by the

petitioner.

DATES: Comments, identified by the

docket control number [PF–721], must

be received on or before April 11, 1997.

ADDRESSES: By mail, submit written

comments to: Public Response and

Program Resources 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 CM #2, 1921

Jefferson Davis Highway, Arlington, VA

22202. Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: 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

file format or in ASCII file format. All

comments and data in electronic form

must be identified by the docket control

number [PF–721]. Electronic comments

on this notice may be filed online at

many Federal Depository Libraries.

Additional information on electronic

submissions can be found in Unit II. of

this document.

Information submitted as comments

concerning this notice may be claimed

confidential by marking any part or all

of that information as ‘‘Confidential

Business Information’’ (CBI). The CBI

should not be submitted through e-mail.

Information marked as CBI 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

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT:

Richard Keigwin, Product Manager (PM)

10, Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location,

telephone number, and e-mail: Crystal

Mall #2, Rm. 210, 1921 Jefferson Davis

Highway, Arlington, VA 22202, 703–

305–6788, e-mail:

keigwin.richard@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA has

received pesticide petitions (PP) 5F4543

(on citrus), 4E4370 (on imported

commodities) and 6F4651 (apples),

6F4741 (almonds), and 6F4721 (pears)

from BASF Corporation, Agricultural

Products, PO Box 13528, Research

Triangle Park, NC 27709. The petition

proposes, pursuant to section 408 of the

Federal Food, Drug and Cosmetic Act

(FFDCA), 21 U.S.C section 346a, to

amend 40 CFR part 180 to establish

tolerances for the pesticide pyridaben

[2-tert-butyl-5-(4-ter-butylbenzylthio)-4-

chloropyridazin-3(2H)-one] in or on the

raw agricultural commodities: apples,

wet apple pomace, pears, citrus, dried

citrus pulp, citrus oil, almonds, almond

hulls, peaches, plums, and grapes,

respectively. The petition also proposes

to establish tolerances for pyridaben and

its metabolites PB-7 (2-tert-butyl-5-[4-(1-

carboxy-1-methylethyl)benzylthio]-4-

chloropyridazin-3(2H)-one) and PB-9 (2-

tert-butyl-4-chloro-5-[4-(1,1-dimethyl-2-

hydroxyethyl)benzylthio]-

chloropyridazin-3(2H)-one) in or on the

raw agricultural commodities: milk,

meat, meat-by-products, and fat. EPA

has determined that the petitions

contain data or information regarding

the elements set forth in section

408(d)(2) of the FFDCA; however, EPA

has not fully evaluated the sufficiency

of the submitted data at this time or

whether the data supports granting of

this petition. Additional data may be

needed before EPA rules on the petition.

As required by section 408(d) of the

FFDCA, as recently amended by the

Food Quality Protection Act (FQPA),

Pub. L. 104–170, BASF included in the

petition a summary of the petition and

authorization for the summary to be

published in the Federal Register in a

notice of receipt of the petition. The

summary represents the views of BASF.

EPA is in the process of evaluating the

petition. As required by section

408(d)(3) of the FFDCA, EPA is

including the summary as a part of the

notice of filing. EPA may have made

minor edits to the summary for the

purpose of clarity.

I. Petition Summary

A. Plant and Animal Metabolism

BASF Corporation notes that

metabolism in plants and animals is

understood.

B. Analytical Method

The proposed analytical method

involves extraction, partition, clean-up

and detection of residues by gas

chromatography/electron capture

detector (gc/ecd).

C. Magnitude of the Residues

Nine pear residue trials were

conducted in six states. Residues of

pyridaben were measured by gc/ecd.

The method of detection had a limit of

detection of 0.05 parts per million

(ppm). Residues ranged from 0.07 to

0.58 ppm.

Twelve apple residue trials were

conducted in six states. Residues of