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Emamectin Benzoate; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: April 11, 1997 (Volume 62, Number 70)]
[Notices]
[Page 17814-17815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap97_dat-74]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181042; FRL 5598-5]

Emamectin Benzoate; Receipt of Application for Emergency
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the Hawaii
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 1,000
acres of head and Chinese Napa cabbage in Hawaii. 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 April 15, 1997.

ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181042,'' 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 following
the instructions under ``SUPPLEMENTARY INFORMATION'' of this document.
No Confidential Business Information (CBI) should be submitted through
e-mail.
    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 #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: Olga Odiott, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location, telephone number and e-mail: Sixth floor, Crystal Station #1,
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-6418; 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 head and Chinese Napa cabbage to control the
diamondback moth. Information in accordance with 40 CFR part 166 was
submitted as part of this request.
    The Applicant states that the diamondback moth has become resistant
to registered materials, which were formerly effective at providing
control. Growers using these products have experienced significant
yield reductions due to feeding damage by the diamondback moth, when it
was not adequately controlled through use of registered materials. The
Applicant states that although several alternative control practices
have been adopted by many cabbage growers, these alternatives are only
partially effective, and that without an effective control such as
emamectin benzoate, cabbage growers in Hawaii will likely suffer severe
economic losses.
    The Applicant proposes to apply emamectin benzoate at a rate of
0.0075 lbs. active ingredient (a.i.) per acre with a maximum of six
applications per crop season, but no more than 0.045 lbs., a.i. applied
per acre per crop season. The proposed use is for up to 1,000 acres of
head and Chinese Napa cabbage. Therefore, use under this exemption
could potentially amount to a maximum total of 45 lbs. of the active
ingredient, emamectin benzoate. This is the second time an exemption
request for this use has been requested.
    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-181042]
(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.,

[[Page 17815]]

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:
    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. Comment and data
will also be accepted on disks in Wordperfect 5.1 file format or ASCII
file format. All comments and data in electronic form must be
identified by the docket number [OPP-181042]. 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 Field Operations 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 Hawaii Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency exemptions.

Dated: April 2, 1997.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 97-9387 Filed 4-10-97; 8:45 am]
BILLING CODE 6560-50-F

 
 

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