55388 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, 

Room 119, Crystal Mall #2, 1801 S. Bell 

Street, Arlington, VA 22202–4501, 

Attention: Docket ID Number OPP–

2005–0242. Such deliveries are only 

accepted during the docket’s normal 

hours of operation as identified in Unit 

I.B.1. 

D. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA Dockets or by e-mail. You 

may claim information that you submit 

to EPA as CBI by marking any part or 

all of that information as CBI (if you 

submit CBI on disk or CD ROM, mark 

the outside of the disk or CD ROM as 

CBI and then identify electronically 

within the disk or CD ROM the specific 

information that is CBI). Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA Dockets. If you submit 

the copy that does not contain CBI on 

disk or CD ROM, mark the outside of the 

disk or CD ROM clearly that it does not 

contain CBI. Information not marked as 

CBI will be included in the public 

docket and EPA Dockets without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT. 

II. What Action is the Agency Taking? 

Under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) (7 U.S.C. 136p), at the 

discretion of the Administrator, a 

Federal or State agency may be 

exempted from any provision of FIFRA 

if the Administrator determines that 

emergency conditions exist which 

require the exemption. The Minnesota 

and South Dakota Departments of 

Agriculture have requested the 

Administrator to issue a quarantine 

exemption for the use of flusilazole 

(Punch 3.3EC) and a flusilazole + 

famoxadone premix (Charisma 1.7 EC) 

on soybeans to control Asian soybean 

rust. Information in accordance with 40 

CFR part 166 was submitted as part of 

this request. 

As part of this request, the Applicant 

asserts that most of the 73.8 million 

soybean acres planted in the United 

States could be compromised by Asian 

soybean rust. A variety of published 

reports have indicated that soybean rust 

is capable of causing yield reductions 

area-wide on soybeans from 10% to 

50% and in selected fields greater than 

90%. Due to the large acreage 

potentially impacted, registrants have 

informed the states that no single 

product will be available in sufficient 

quantity to treat the potential land area 

impacted by Asian soybean rust. 

Nationally, soybeans account for 73.8 

million planted acres, 2.75 billion 

bushels produced, and over $13 billion 

value of production. Even a modest 4% 

minimal loss of production could 

reduce domestic soybean production to 

its lowest point in the preceding 5 years. 

According to the quarantine exemption 

request, several products have emerged 

as potentially efficacious against Asian 

soybean rust in international trials, 

including flusilazole. Flusilazole is a 

systemic, triazole fungicide that can be 

used as a systemic eradicant and a 

protectant with post-infection activity 

that can stop pathogen establishment in 

the early phases of disease 

development. 

As part of this quarantine exemption 

request, the Applicant proposes a 

maximum of 2 applications of the 

37.8% flusilazole formula (Punch 

3.3EC) per season at an application rate 

of 1.65 ounces of active ingredient/acre 

(4 fluid ounces of product per acre) of 

soybeans treated. In addition, the 

Applicant proposes the use of 1 or 2 

applications of the 18.8% (9.7% 

flusilazole + 9.1% famoxadone) 

flusilazole + famoxadone premix 

(Charisma 1.7 EC) per season at an 

application rate of 1.91 ounces of active 

ingredient (1.01 ounces of flusilazole + 

0.9 ounces of famoxadone)/acre (9 fluid 

ounces of product per acre) of soybeans 

treated. Ground and aerial applications 

are requested for both products. If 

granted, the use of Punch 3.3EC on 

soybeans would result in approximately 

0.010 million pounds of active 

ingredient used per 1 million soybean 

acres treated. Further, the use of the 

Charisma 1.7 EC on soybeans would 

result in approximately 0.12 million 

pounds of active ingredient used per 1 

million soybean acres treated. 

This notice does not constitute a 

decision by EPA on the application 

itself. The regulations governing section 

18 of FIFRA require publication of a 

notice of receipt of an application for a 

quarantine exemption proposing ‘‘use of 

a new chemical (i.e., an active 

ingredient) which has not been 

registered by the EPA.’’ This notice 

provides an opportunity for public 

comment on the application. 

The Agency, will review and consider 

all comments received during the 15–

day public comment period in 

determining whether to issue the 

quarantine exemption requested by the 

Minnesota and South Dakota 

Departments of Agriculture. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 9, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 05–18418 Filed 9–20–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0243; FRL–7734–6] 

Flutriafol; Receipt of Application for 

Emergency Exemption, Solicitation of 

Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a 

quarantine exemption request from the 

Minnesota and South Dakota 

Departments of Agriculture to use the 

pesticide product flutriafol (Impact 

125SC), (CAS No. 76674–21–0), on 

soybeans to control Asian soybean rust. 

The Applicant proposes the use of a 

new chemical which has not been 

registered by EPA. EPA is soliciting 

public comment before making the 

decision whether or not to grant the 

exemption. 

DATES: Comments, identified by docket 

identification (ID) number OPP–2005–

0243, must be received on or before 

October 6, 2005. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Carmen Rodia, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0001; telephone 

number: (703) 306–0327; fax number: 

(703) 308–5433; e-mail address: 

rodia.carmen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 55389 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111) 

• Animal production (NAICS code 

112) 

• Food manufacturing (NAICS code 

311) 

• Pesticide manufacturing (NAICS 

code 32532) 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2005–

0243. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Room 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA 

22202–4501. This docket facility is open 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket ID 

number. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA Dockets. EPA’s policy is that 

copyrighted material will not be placed 

in EPA Dockets but will be available 

only in printed, paper form in the 

official public docket. To the extent 

feasible, publicly available docket 

materials will be made available in EPA 

Dockets. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA Dockets. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the docket facility 

identified in Unit I.B.1. EPA intends to 

work towards providing electronic 

access to all of the publicly available 

docket materials through EPA Dockets. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA Dockets as EPA receives 

them and without change, unless the 

comment contains copyrighted material, 

CBI, or other information whose 

disclosure is restricted by statute. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA Dockets. The entire printed 

comment, including the copyrighted 

material, will be available in the public 

docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA Dockets. Public 

comments that are mailed or delivered 

to the Docket will be scanned and 

placed in EPA Dockets. Where practical, 

physical objects will be photographed, 

and the photograph will be placed in 

EPA Dockets along with a brief 

description written by the docket staff. 

C. How and To Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. Please 

ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA Dockets. If 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

i. EPA Dockets. Your use of EPA 

Dockets to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. Go directly to 

EPA Dockets at http://www.epa.gov/ 

edocket/, and follow the online 

instructions for submitting comments. 

Once in the system, select ‘‘search,’’ and 

then key in docket ID number OPP–

2005–0243. The system is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity, 

e-mail address, or other contact 

information unless you provide it in the 

body of your comment. 

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2005–0243. In contrast to EPA Dockets, 

EPA’s e-mail system is not an 

‘‘anonymous access’’ system. If you 

send an e-mail comment directly to the 

docket without going through EPA 

Dockets, EPA’s e-mail system 

automatically captures your e-mail 

address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

system are included as part of the 

55390 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 

comment that is placed in the official 

public docket, and made available in 

EPA Dockets. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption. 

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0001, Attention: 

Docket ID Number OPP–2005–0243. 

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, 

Room 119, Crystal Mall #2, 1801 S. Bell 

St., Arlington, VA 22202–4501, 

Attention: Docket ID Number OPP–

2005–0243. Such deliveries are only 

accepted during the docket’s normal 

hours of operation as identified in Unit 

I.B.1. 

D. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA Dockets or by e-mail. You 

may claim information that you submit 

to EPA as CBI by marking any part or 

all of that information as CBI (if you 

submit CBI on disk or CD ROM, mark 

the outside of the disk or CD ROM as 

CBI and then identify electronically 

within the disk or CD ROM the specific 

information that is CBI). Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA Dockets. If you submit 

the copy that does not contain CBI on 

disk or CD ROM, mark the outside of the 

disk or CD ROM clearly that it does not 

contain CBI. Information not marked as 

CBI will be included in the public 

docket and EPA Dockets without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT. 

II. Background 

What Action is the Agency Taking? 

Under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) (7 U.S.C. 136p), at the 

discretion of the Administrator, a 

Federal or State agency may be 

exempted from any provision of FIFRA 

if the Administrator determines that 

emergency conditions exist which 

require the exemption. The Minnesota 

and South Dakota Departments of 

Agriculture have requested the 

Administrator to issue a quarantine 

exemption for the use of flutriafol 

(Impact 125SC) on soybeans to control 

Asian soybean rust. Information in 

accordance with 40 CFR part 166 was 

submitted as part of this request. 

As part of this request, the Applicant 

asserts that most of the 73.8 million 

soybean acres planted in the United 

States could be compromised by Asian 

soybean rust. A variety of published 

reports have indicated that soybean rust 

is capable of causing yield reductions 

area-wide on soybeans from 10% to 

50% and in selected fields greater than 

90%. Due to the large acreage 

potentially impacted, registrants have 

informed the states that no single 

product will be available in sufficient 

quantity to treat the potential land area 

impacted by Asian soybean rust. 

Nationally, soybeans account for 73.8 

million planted acres, 2.75 billion 

bushels produced, and over $13 billion 

value of production. Even a modest 4% 

minimal loss of production could 

reduce domestic soybean production to 

its lowest point in the preceding 5 years. 

According to the quarantine exemption 

request, several products have emerged 

as potentially efficacious against Asian 

soybean rust in international trials, 

including flutriafol. Flutriafol is a 

systemic, triazole fungicide that can be 

used as a systemic eradicant and a 

protectant with post-infection activity 

that can stop pathogen establishment in 

the early phases of disease 

development. 

As part of this quarantine exemption 

request, the Applicant proposes a 

maximum of 2 applications of this 

12.5% flutriafol formula (Impact 125SC) 

per season at an application rate of 0.91 

ounces of active ingredient/acre (7 fluid 

ounces of product per acre) of soybeans 

treated. Ground and aerial applications 

are requested. If granted, the use of 

Impact 125SC on soybeans would result 

in approximately 0.06 million pounds of 

active ingredient used per 1 million 

soybean acres treated. 

This notice does not constitute a 

decision by EPA on the application 

itself. The regulations governing section 

18 of FIFRA require publication of a 

notice of receipt of an application for a 

quarantine exemption proposing ‘‘use of 

a new chemical (i.e., an active 

ingredient) which has not been 

registered by EPA.’’ This notice 

provides an opportunity for public 

comment on the application. 

The Agency, will review and consider 

all comments received during the 15–

day public comment period in 

determining whether to issue the 

quarantine exemption requested by the 

Minnesota and South Dakota 

Departments of Agriculture. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 9, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 05–18420 Filed 9–20–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0241; FRL–7734–8] 

Metconazole; Receipt of Application 

for Emergency Exemption, Solicitation 

of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a 

quarantine exemption request from the 

Minnesota and South Dakota 

Departments of Agriculture to use the 

pesticide metconazole (Caramba 90SL), 

CAS No. 125116–23–6, and a 

metconazole + pyraclostrobin co-pack 

(Headline-Caramba co-pack) on 

soybeans to control Asian soybean rust. 

Initially, a metconazole + pyraclostrobin 

premix product (Operetta 180EC) was 

also included in this quarantine 

exemption request. Operetta 180EC was 

subsequently withdrawn as a section 18 

candidate. The Applicant proposes the 

use of a new chemical which has not 

been registered by the EPA. EPA is 

soliciting public comment before 

making the decision whether or not to 

grant the exemption. 

DATES: Comments, identified by docket 

identification (ID) number OPP–2005–

0241, must be received on or before 

October 6, 2005. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in