```
[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Notices]
[Pages 13005-13006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6655]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[OPP-181037; FRL 5593-8]

Dimethomorph; 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 and Consumer Services (hereafter referred to 
as the ``Applicant'') to use the pesticide dimethomorph (CAS 110488-70-
5) to treat up to 7,250 acres of tobacco to control metalaxyl-resistant 
blue mold.The Applicant proposes the use of a new (unregistered) 
chemical; therefore, 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 April 3, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181037,'' 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: [email protected]. 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-181037]. 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: 
[email protected].

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 dimethomorph on tobacco to control blue mold. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    In 1995 and 1996 a national epidemic of tobacco blue mold, caused 
by metalaxyl-resistant strains of the pathogen, occurred. Resistant 
strains are becoming more widely disseminated, a situation which is 
exacerbated with a protracted wet weather pattern. Previously, blue 
mold was controlled primarily by treatment with metalaxyl, with 
significant assistance from ferbam and mancozeb. A very high level of 
control was possible with these materials until metalaxyl-resistant 
strains appeared. Labeled pesticides made under ideal spray conditions 
but high disease pressure do not provide acceptable economic levels of 
control.
    The Applicant states that presently, there are no fungicides 
registered in the U.S. that will provide adequate control of the 
metalaxyl-resistant strains of blue mold. The Applicant states that 
dimethomorph has been shown to be effective against these strains of 
blue mold. Dimethomorph holds current registrations throughout many 
European countries. The Applicant estimates that losses in 1997 could 
be greater than $7 million without use of dimethomorph. Under 
appropriate conditions, it is possible that this disease could develop 
to epidemic proportions, causing major changes and losses to the U.S. 
tobacco industry.
    The Applicant proposes to apply dimethomorph at a maximum rate of 
0.225 lbs. a.i. (2.5 lbs. of product) per acre, by ground with a 
maximum of 5 applications per crop, to a maximum of 7,250 acres of 
tobacco.
    This notice does not constitute a decision by EPA on the 
application. 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). Such notice provides 
for opportunity for public comment on the application. 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 notice under docket number 
[OPP-181037] (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-D[email protected]

    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

[[Page 13006]]

official record which will also include all comments submitted directly 
in writing. 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 exemption requested by the Florida Department of Agriculture 
and Consumer Services.

    Dated: March 5, 1997.

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

[FR Doc. 97-6655 Filed 3-18-97; 8:45 am]
BILLING CODE 6560-50-F
```