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Avermectin; 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: June 5, 2002 (Volume 67, Number 108)] [Notices] [Page 38664-38666] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05jn02-43] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-2002-0089; FRL-7181-5] Avermectin; Receipt of Application for Emergency Exemption Solicitation of Public Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: EPA has received a specific exemption request from the California EPA, Department of Pesticide Regulation, to use the pesticide avermectin (CAS No. 717517-41-2) to treat up to 3,000 acres of basil to control leafminer. The Applicant proposes a use which has been requested in 3 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. DATES: Comments, identified by docket ID number OPP-2002-0089, must be received on or before June 20, 2002. 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 ID number 2002-0089 in the subject line on the first page of your response. FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 305-6463; fax number: (703) 308-5433; e-mail address: sec-18- mailbox@epamail.epa.gov. SUPPLEMENTARY INFORMATION: 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. Since other entities also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. 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,'' ``Regulations and Proposed Rules,'' 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 ID number OPP-2002-0089. The official record consists of the documents specifically referenced in this action, any public comments [[Page 38665]] 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 ID number OPP-2002-0089 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, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 2. In person or by courier. Deliver your comments to: Public Information and Records Integrity Branch (PIRIB), 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 ID number OPP-2002-0089. 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 notice. 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 ID 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. California EPA, Department of Pesticide Regulation has requested the Administrator to issue a specific exemption for the use of avermectin on basil to control leafminer. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the Applicant asserts that during the months of July through September of 1997, a severe leafminer infestation impacted the major basil growing areas of California. It is anticipated this year that if environmental conditions do not change, the basil growers will experience the same if not worse leafminer pest problem. Basil is grown next to various vegetable crops that serve as host plants for leafminers. During the harvesting of these various vegetable crops, leafminers will migrate to the adjacent basil crop that also serves as an ideal host crop. Basil growers do not have an effective registered pesticide to control leafminers. Without avermectin net revenues are estimated at a loss of $195 per acre. With the use of avermectin net revenues are estimated to be $18 per acre. The Applicant proposes to make no more than two applications per single cutting and no more than 3 to 6 applications can be made per cropping season. Between 0.01 lbs to 0.02 lbs active ingredient may be applied per acre. A maximum of 0.06 lbs active ingredient can be applied per acre per year. Avermectin, formulated as a 2.0% emulsifiable concentrate will be applied to no more than 3,000 acres of basil from July 1, 2002, until October 30, 2002, in California. If the maximum number of acres (3,000) were treated at the maximum application rate (0.06 lbs) than, a total of 180 lbs of avermectin could be applied. 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 a use which has been requested in 3 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. 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 specific exemption requested by the California EPA, Department of Pesticide Regulation. List of Subjects Environmental protection, Pesticides and pests. [[Page 38666]] Dated: May 22, 2002 Debra Edwards, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 02-13524 Filed 6-4-02; 8:45 am] BILLING CODE 6560-50-S