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Acibenzolar; 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: March 8, 2000 (Volume 65, Number 46)]
[Notices]
[Page 12248-12249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr00-63]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181074; FRL-6493-4]


Acibenzolar; 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
Virginia Department of Agriculture and Consumer Services to use the
pesticide Acibenzolar (CAS No. 135158-54-2) to treat up to 1,000 acres
of tomatoes to control bacterial diseases. 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 control number OPP-181074, must
be received on or before March 23, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION.'' To ensure
proper receipt by EPA, it is imperative that you identify docket
control number OPP-181074 in the subject line on the first page of your
response.

FOR FURTHER INFORMATION CONTACT: Andrea Beard, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (703) 308-9356; fax number: (703) 308-5433; e-mail
address: beard.andrea@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you petition EPA
for emergency exemption under section 18 of FIFRA. Potentially affected
categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
State government                   9241               State agencies
                                                       that petition EPA
                                                       for section 18
                                                       pesticide
                                                       exemption
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be regulated by this
action. Other types of entities not listed in the table in this unit
could also be regulated. The North American Industrial Classification
System (NAICS) codes have been provided to assist you and others in
determining whether or not this action applies to certain entities. To
determine whether you or your business is affected by this action, you
should carefully examine the applicability provisions in 40 CFR 166. 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 Additional Information, Including Copies of this
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register--Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for
this action under docket control number OPP-181074. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-181074 in the subject line on
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC
20460.
    2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB),

[[Page 12249]]

Information Resources and Services Division (7502C), Office of
Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. The PIRIB is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The PIRIB telephone number is (703) 305-5805.
    3.Electronically. You may submit your comments electronically by e-
mail to: ``opp-docket@epa.gov,'' or you can submit a computer disk as
described above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number OPP-181074. Electronic comments may
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI 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. 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 version of the
official record. Information not marked confidential will be included
in the public version of the official record 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.''

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or
collection activity.
    7. Make sure to submit your comments by the deadline in this
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.

II. Background

A. 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. Virginia Department of
Agriculture and Consumer Services has requested the Administrator to
issue a specific exemption for the use of acibenzolar on tomatoes to
control bacterial diseases. Information in accordance with 40 CFR part
166 was submitted as part of this request.
    As part of this request, the Applicant asserts that discovery of a
strain of bacterial speck resistant to the copper-based pesticides
traditionally used for control, has created an emergency situation.
Significant economic losses are expected without adequate control and
Acibenzolar has been shown to provide good control of this disease.
    The Applicant proposes to make no more than eight applications at
rates of 0.3 to 0.75 oz. of formulation per acre, on up to 1,000 acres
of tomatoes in Virginia. The use season would be from May 1, 2000 until
December 31, 2000, and at maximum use rates could result in the use of
up to 375 lbs. of formulated pesticide.
    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 the EPA. The notice
provides an opportunity for public comment on the application.
    The Agency, will review and consider all comments received during
the comment period in determining whether to issue the emergency
exemption requested by the Virginia Department of Agriculture Consumer
Services.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 29, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 00-5633 Filed 3-7-00; 8:45 am]
BILLING CODE 6560-50-F

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