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Ethoprop; 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 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13842-13844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr06-80]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0155; FRL-7766-1]
Ethoprop; 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 Oregon
[[Page 13843]]
Department of Agriculture to use the pesticide ethoprop (CAS No. 13194-
48-4) to treat up to 300 acres of baby hops to control garden
symphylans (Scutigerella immaculata). The Applicant proposes a use
which has been requested in 5 or more previous years and a petition for
a tolerance and registration application has not yet been submitted to
the Agency. Due to the urgent nature of the emergency and the very
narrow and extremely limited use being requested, EPA has eliminated
the public comment period. Nonetheless, interested parties may still
contact the Agency with comments about this notice and proposed
treatment program.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0155, by one of the following methods:
? http://www.regulations.gov/. 
Follow the on-line
instructions for submitting comments.
? Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2006-0155. The
docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the docket
facility is (703) 305-5805. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0155. EPA's policy is that all comments received will be included
in the public 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 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 captured automatically and included as part
of the comment that is placed in the public 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/docket.htm.
Docket: All documents in the docket are listed in the
regulation.gov index. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
http://www.regulations.gov/ or in hard copy at the Public Information
and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
#2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9364; fax number: (703) 308-5433; e-
mail address: Sec-18-Mailbox@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. 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
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 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.
[[Page 13844]]
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
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. The Oregon Department of
Agriculture has requested the Administrator to issue a specific
exemption for the use of ethoprop on baby hops to control garden
symphylans (Scutigerella immaculata). Information in accordance with 40
CFR part 166 was submitted as part of this request.
As part of this request, the Applicant asserts that there are no
symphylan control products labeled for use on hops, nor are there any
available cultural control methods. The impact of symphylans on baby
hops is two-fold. First, the newly planted baby hop plants are easily
devastated by garden symphylans as a primary pest that infests the root
system. The secondary effect of symphylan infestation is that the plant
is now weakened and less able to defend itself against other diseases
and pests. Growers have documented losses of 15 to 100%, which would
result in significant economic losses.
The Applicant proposes to make no more than one ground application
post-plant, pre-emergence to a maximum of 300 acres of baby hops in
Oregon at a rate of 3 pounds ethoprop (0.5 gallons of product) per
acre. A maximum of 900 lbs. active ingredient would be applied between
February 15 and May 31, 2006.
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 for an application for a
specific exemption proposing a use, which has been requested in 3 or
more previous years, and a petition for a tolerance has not yet been
submitted to the Agency.
As noted above, the Agency is eliminating the comment period due to
the urgent nature of emergency situation and the very narrow and
extremely limited use being requested. Nonetheless, interested parties
may still contact the Agency with comments about this notice and
proposed treatment program.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 7, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-3928 Filed 3-16-06; 8:45 am]
BILLING CODE 6560-50-S