[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Notices]
[Pages 13493-13494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7447]



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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181004; FRL 5356-8]


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 North 
Carolina and Kentucky Departments of Agriculture (hereafter referred to 
as the ``Applicants'') to use the pesticide dimethomorph (CAS 110488-
70-5) to treat up to 85,500 (NC) and 167,500 (KY) acres of tobacco to 
control metalaxyl - resistant blue mold. The Applicants propose 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 exemptions.

DATES: Comments must be received on or before April 11, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181004,'' should be submitted by mail to: Public 
Response

[[Page 13494]]
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-181004]. 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 Applicants have 
requested the Administrator to issue specific exemptions for the use of 
dimethomorph on tobacco to control blue mold. Information in accordance 
with 40 CFR part 166 was submitted as part of these requests.
    In 1995, a national epidemic of tobacco blue mold, caused by 
metalaxyl - resistant strains of the pathogen, occurred. Resistant 
strains are becoming more widely disseminated, a situation which is 
exacerbated with a protracted wet weather pattern. Previously, blue 
mold was controlled primarily by treatment with metalaxyl, with 
significant assistance from ferbam and mancozeb. A very high level of 
control was possible with these materials until metalaxyl - resistant 
strains appeared. Labeled pesticides made under ideal spray conditions 
but high disease pressure do not provide acceptable economic levels of 
control.
    The Applicants state that presently, there are no fungicides 
registered in the U.S. that will provide adequate control of the 
metalaxyl - resistant strains of blue mold. The Applicants state that 
dimethomorph has been shown to be effective against these strains of 
blue mold. Dimethomorph holds current registrations throughout many 
European countries. The Applicants state that losses in 1995 were 
greater than $70 million in Kentucky and $9 million in North Carolina. 
To have another year of losses on this scale could mean bankruptcy for 
many of these farmers. Under appropriate conditions, it is possible 
that this disease could develop to epidemic proportions, causing major 
changes and losses to the U.S. tobacco industry.
    The Applicants propose to apply dimethomorph at a maximum rate of 
1.725 lbs. active ingredient (a.i.), [(2.5 lb. of product)] per acre, 
by ground with a maximum of 4 applications per crop, to a maximum of 
85,500 acres of tobacco in North Carolina and 167,500 acres of tobacco 
in Kentucky.
    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.
     A record has been established for this notice under docket number 
``OPP-181004'' (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. 
Accordingly, interested persons may submit written views on this 
subject to the Field OperationsDivision at the address above. The 
Agency, accordingly, will determine whether to issue the emergency 
exemptions requested by the North Carolina and Kentucky Departments of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: March 18, 1996.

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

[FR Doc. 96-7447 Filed 3-26-96; 8:45 am]
BILLING CODE 6560-50-F