[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Notices]
[Pages 10757-10758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6426]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181000; FRL 5355-3]


Emamectin Benzoate; Receipt of Application for Emergency 
Exemptions, 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 Hawaii 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide emamectin benzoate (CAS 137512-74-4) (formulated 
as ``Proclaim

[[Page 10758]]
5SG'') to treat up to 1,000 acres of head and Chinese (Napa) cabbage, 
to control the diamondback moth. The Applicant proposes the use of a 
``new'' chemical (an active ingredient not currently found in any 
registered product). 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 April 1, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181000,'' 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-181000]. 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: Andrea Beard, 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) 308-8791; 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 emamectin benzoate on head and Chinese (Napa) cabbage to control the 
diamondback moth. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    The Applicant states that the diamondback moth has become resistant 
to registered materials, which were formerly effective at providing 
control. The Applicant claims that the larva of this species has caused 
significant yield reductions in cabbage through its feeding activities, 
when it was not adequately controlled through use of registered 
materials. The applicant states that significant economic losses will 
be suffered by cabbage growers without the use of emamectin benzoate, 
since the registered alternatives do not provide acceptable levels of 
control.
    The Applicant proposes to apply emamectin benzoate at a rate of 
0.0075 to 0.015 lb. active ingredient (a.i.) per acre with six to 
twelve applications per crop season, but no more than 0.09 lb. a.i. 
applied per acre per crop season. The proposed use is for up to 1,000 
acres of head and Chinese (Napa) Cabbage. Therefore, use under this 
exemption could potentially amount to a maximum total of 90 lbs. of 
active ingredient, emamectin benzoate. This is the first time an 
exemption request for this use has been requested.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 require 
publication of a notice of receipt in the Federal Register for an 
application for a specific exemption proposing the use of a new 
(unregistered) chemical. Such notice provides for opportunity for 
public comment on the application.
    A record has been established for this notice under docket number 
[OPP-181000] (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 
Resource 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. 
Accordingly, interested persons may submit written views on this 
subject to the Field Operations Division at the address above.
    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 Hawaii Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: March 8, 1996.

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

[FR Doc. 96-6426 Filed 3-14-96; 8:45 am]
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