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Cymoxanil, Propamocarb Hydrochloride and Dimethomorph; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment

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

 [Federal Register: February 5, 1997 (Volume 62, Number 24)]
[Notices]
[Page 5409-5410]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181030; FRL 5583-2]

Cymoxanil, Propamocarb Hydrochloride and Dimethomorph; Receipt of
Applications for Emergency Exemptions, Solicitation of Public Comment

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

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SUMMARY: EPA has received specific exemption requests from the New York
State Department of Environmental Conservation (hereafter referred to
as the ``Applicant'') to use the pesticides cymoxanil (CAS 57966-95-7),
propamocarb hydrochloride (CAS 25606-41-1) and dimethomorph (CAS
110488-70-5) to treat potentially up to 30,000 acres of potatoes to
control immigrant strains of late blight which are resistant to
historically used control materials. The Applicant proposes the use of
either new (unregistered) chemicals or 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 February 20, 1997.

ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181030,'' 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: 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. 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-181030]. No Confidential Business Information
(CBI) should be submitted through e-mail. Electronic comments on this
notice 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

[[Page 5410]]

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 address: 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 Applicant has
requested the Administrator to issue specific exemptions for the use of
cymoxanil, propamocarb hydrochloride, and/or dimethomorph on potatoes
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 potatoes as well as
tomatoes 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
Applicant states that presently, there are no fungicides registered in
the U.S. that will provide adequate control of the immigrant strains of
late blight. The Applicant states that each of these requested
chemicals has been shown to be effective against these strains of late
blight. Each active ingredient holds current registrations throughout
many European countries for control of this disease. The Applicant
indicates that at least a 40 percent yield reduction is expected based
on the current infestation. Net revenues are expected to be reduced by
over $27 million for the affected acreage without the use of these
requested chemicals.
    Specific exemptions for use of one or more of these chemicals on
potatoes were issued to 22 states in 1995. An additional request is
currently pending, bringing the total potential potato acreage treated
under these requests to 885,010. Specific exemption requests for use of
one or more of these chemicals on tomatoes have either been authorized
or are pending for three states involving 66,500 acres. It is presumed
that a similar number of states will be requesting each of these uses
for the 1997 season.
    The Applicant proposes to apply propamocarb hydrochloride,
manufactured by AgrEvo USA Company, as Tattoo C, at a maximum rate of
0.9 lbs. active ingredient (a.i.) [2.3 lbs. of product] per acre by
ground or air, with a maximum of 5 applications per season. A 14-day
PHI will be observed. Use under this exemption could potentially amount
to a maximum 134,000 lbs. of propamocarb hydrochloride.
    The Applicant proposes to apply cymoxanil, manufactured by E.I. du
Pont de Nemours and Company, as Curzate M-8, at a maximum rate of 0.12
lbs. a.i., (1.5 lbs. of product) per acre, by ground or air, with a
maximum of 7 applications per season and a 14-day PHI. Use under this
exemption could potentially amount to a maximum 25,200 lbs. of
cymoxanil.
    The Applicant proposes to apply dimethomorph at a maximum rate of
0.2 lbs. a.i., (2.25 lb. of product) per acre, by ground or air, with a
maximum of 5 applications per season and a 14-day PHI. Use under this
exemption could potentially amount to a maximum 30,375 lbs of 
dimethomorph.
    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 use of a new chemical (i.e., an active ingredient not
contained in any currently registered pesticide) or the first food use
of an active ingredient. Such notice provides for opportunity for
public comment on the application.
     A record has been established for this notice under docket number
[OPP-181030] (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 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 official
record which will also include all comments submitted directly in
writing. The official record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Accordingly, interested persons may submit written views on this
subject to the Field Operations Division at the address above.
    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 New York State Department of
Environmental Conservation.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: January 21, 1997.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 97-2498 Filed 2-4-97; 8:45 am]
BILLING CODE 6560-50-F

 
 

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