[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Notices]
[Pages 39387-39388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19005]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180977; FRL 4968-6]


Cymoxanil; 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 New 
Jersey Department of Environmental Protection (hereafter referred to as 
the ``Applicant'') to use the pesticide cymoxanil (CAS 57966-95-7) to 
treat up to 6,500 acres of tomatoes to control metalaxyl-resistant late 
blight. The Applicant proposes the use of a new (unregistered) 
chemical; therefore, in accordance with 40 CFR 166.24, EPA is 
soliciting public comment before making the decision whether or not to 
grant the exemption.

DATES: Comments must be received on or before August 7, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180977,'' 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. 

[[Page 39388]]

    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-180977]. 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 
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 a.m. to 4:30 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 Applicant has 
requested the Administrator to issue a specific exemption for the use 
of cymoxanil on tomatoes 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 tomatoes as well as 
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 Applicant states that cymoxanil has been shown to be 
effective against these strains of late blight. Cymoxanil holds current 
registrations throughout many European countries for control of this 
disease. The Applicant indicates that a 75 percent yield reduction is 
expected based on the current infestation. Net revenues are expected to 
be reduced by over $7 million for the affected acreage without the use 
of cymoxanil.
    The Applicant proposes to apply cymoxanil, manufactured by E. I. 
duPont de Nemours Co., as Curzate M-8, at a maximum rate of 0.1 lbs. 
a.i. (1.25 lb. of product) per acre by ground or air, with a maximum of 
3 applications per season. A 14-day PHI will be observed. Use under 
this exemption could potentially amount to a maximum 1,950 lb. of 
cymoxanil. This notice does not constitute a decision by EPA on the 
application. 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-180977'' (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 
4:30 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:
    [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 exemption requested by the New Jersey Department of 
Environmental Protection.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: July 20, 1995.

Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-19005 Filed 8-1-95; 8:45 am]
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