[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Notices]
[Pages 21814-21815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10618]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180970; FRL 4951-2]


Cymoxanil 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 
Delaware, Minnesota, and Pennsylvania Departments of Agriculture, the 
New York Department of Environmental Conservation, and the Wisconsin 
Department of Agriculture, Trade, and Consumer Protection (hereafter 
referred to as the ``Applicants'') to use the pesticides cymoxanil (CAS 
57966-95-7) and dimethomorph (CAS 110488-70-5) to treat up to 5,000 
(DE), 60,000 (MN), 30,000 (NY), 24,000 (PA), and 30,000 (WI) acres of 
potatoes to control metalaxyl-resistant late blight. The Applicants 
propose the use of new (unregistered) chemicals; 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 May 18, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180970,'' 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: [email protected]. 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-180970; FRL 4951-2]. 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 part or all of that information as 
``Confidential Business Information.'' 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 Confidential 
Business Information 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 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 and telephone number: Floor 6, Crystal Station #1, 2800 
Jefferson Davis Highway, Arlington, VA, (703) 308-8326; e-mail: 
[email protected].

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 Applicants have 
requested the Administrator to issue specific exemptions for the use of 
cymoxanil and/or dimethomorph on potatoes to control late blight. 
Information in accordance with 40 CFR part 166 was submitted as part of 
these requests.
    Recent failures to control late blight in potatoes 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 Applicants state that 
presently, there are no fungicides registered in the U.S. that will 
provide adequate control of the immigrant strains of late blight. The 
Applicants state that both dimethomorph and cymoxanil have been shown 
to be effective against these strains of late blight. Both of these 
materials hold current registrations throughout many European countries 
for control of this disease. The Applicants state that losses in some 
states have been greater than $10 million per year for the past 3 
years, due [[Page 21815]] to these new strains of late blight, and some 
growers have completely lost their crops and will go out of business. 
These costs do not include the increased amount of money spent on 
fungicides in attempts to control this disease. Under appropriate 
conditions, it is possible that this disease could develop to epidemic 
proportions, causing major changes and losses to the U.S. potato 
industry. Although exemption requests have thus far been received from 
DE, MN, NY, PA and WI, EPA expects to receive requests from other 
potato growing states as well.
    The Applicants propose to apply cymoxanil at a maximum rate of 0.1 
lbs. active ingredient [a.i.], (1.25 lb. of product) per acre, by 
ground or air, with a maximum of 5 applications per season, to a 
maximum of the following acreages of potatoes: 5,000 (DE), 60,000 (MN), 
30,000 (NY), 24,000 (PA), 30,000 (WI). Therefore, use under this 
exemption could potentially amount to the following maximum amounts of 
cymoxanil: DE: 2,500 lbs. a.i. (31,250 lbs. product); MN: 30,000 lbs. 
a.i. (375,000 lbs. product); NY: 15,000 lbs. a.i. (187,500 lbs. 
product); PA: 12,000 lbs. a.i. (150,000 lbs. product); WI: 15,000 lbs. 
a.i. (187,500 lbs. product).
    The Applicants propose to apply dimethomorph at a maximum rate of 
0.18 lbs. a.i. (2.25 lb. of product) per acre, by ground or air, with a 
maximum of 5 applications per season, to a maximum of the following 
acreages of potatoes: 5,000 (DE), 60,000 (MN), 30,000 (NY), 24,000 
(PA), 30,000 (WI). Therefore, use under this exemption could 
potentially amount to the following maximum total amounts of 
dimethomorph: DE: 4,500 lbs. a.i. (56,250 lbs. product); MN: 54,000 
lbs. a.i. (675,000 lbs. product); NY: 27,000 lbs. a.i. (337,500 lbs. 
product); PA: 21,600 lbs. a.i. (270,000 lbs. product); WI: 27,000 lbs. 
a.i. (337,500 lbs. product). 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). Such notice provides for opportunity 
for public comment on the application. Accordingly, interested persons 
may submit written views on this subject to the Field Operations 
Division at the address above.
     A record has been established for this notice under docket number 
OPP-180970; FRL 4951-2 (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 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-D[email protected]

    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.
    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 Delaware, Minnesota, and 
Pennsylvania Departments of Agriculture, the New York Department of 
Environmental Conservation, and the Wisconsin Department of 
Agriculture, Trade, and Consumer Protection.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: April 21, 1995.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-10618 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-F