(E,E)-9,11-Tetradecadien-1-yl Acetate; Receipt of Application for
Emergency Exemption, and Solicitation of Public Comment
[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Notices]
[Page 37015-37016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy07-68]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0432; FRL-8134-4]
(E,E)-9,11-Tetradecadien-1-yl Acetate; Receipt of Application for
Emergency Exemption, and Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has received a quarantine exemption request from the
United States Department of Agriculture/Animal and Plant Health
Inspection Service (USDA/APHIS) to use the pesticide (E,E)-9,11-
tetradecadien-1-yl acetate (CAS No. 30562-09-5) to treat host plants to
control the Light Brown Apple Moth (LBAM). The Applicant proposes the
use of a new chemical which has not been registered by EPA. Due to the
unique nature of this emergency situation, in which the time to review
the conditions of this situation was short, it was not possible to
issue a solicitation for public comment, in accordance with 40 CFR
166.24, prior to the Agency's decision to grant these exemptions.
DATES: EPA is waiving the public comment period, as allowed in 40 CFR
166.24, due to the short period of time available with which to review
this situation and render a timely decision. However, comments may
still be submitted and will be evaluated.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0432, by one of the following methods:
• Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
• Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
• Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0432. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9367; fax number: (703) 605-0781; e-mail address:
ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability of the provisions discussed above.
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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
[[Page 37016]]
http://www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
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. USDA/APHIS has requested
the Administrator to issue a quarantine exemption for the use of (E,E)-
9,11-tetradecadien-1-yl acetate on host plants to control the LBAM.
Information in accordance with 40 CFR part 166 was submitted as part of
this request.
As part of this request, the Applicant asserts that requested
chemical is needed as part of a quarantine program to eradicate the
LBAM. The LBAM destroys, stunts, or deforms young seedlings, spoils the
appearance of ornamental plants, and injures deciduous fruit-tree
crops, citrus, and grapes. LBAM has the potential to cause significant
economic losses due to increased production costs and the possible loss
of international and domestic markets. The impact on production costs
for LBAM hosts may exceed $100 million in the state of California.
The Applicant proposes to place the pheromone dispensers in tree
crops and field crops. Dispensers are to be applied uniformly
throughout the treated acreage to obtain a reduction in mating. Between
200 to 300 dispensers should be used per acre.
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
specific exemption proposing use of a new chemical (i.e., an active
ingredient) which has not been registered by EPA. The notice provides
an opportunity for public comment on the application.
EPA is waiving the public comment period, as allowed in 40 CFR
166.24, due to the short period of time available with which to review
this situation and render a timely decision. However, comments may
still be submitted and will be evaluated.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 22, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-12872 Filed 7-5-07; 8:45 am]
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