[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Notices]
[Pages 55983-55984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27587]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181028; FRL 5570-8]


Carboxin; 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 
California Environmental Protection Agency, Department of Pesticide 
Regulation (hereafter referred to as the ``Applicant'') to use the 
pesticide Pro-Gro (an unregistered end-use product containing 30 
percent carboxin, 50 percent thiram and 20 percent inert ingredients) 
to treat onion seed to control onion smut. Thiram is registered on 
onions, with an existing tolerance of 0.5 ppm for dry bulb onions. The 
specific exemption request addresses residues of carboxin resulting 
from the application of the end-use product. An emergency exemption for 
this use has been requested for the previous 3 years, and a complete 
application for registration of this use and a tolerance petition has 
not been submitted to the Agency. 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 November 14, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181028,'' 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-181028]. 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

[[Page 55984]]

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: Stephen Schaible, 
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) 308-8337; 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 carboxin on onion seed to control onion smut. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    The loss of Arasan 50 Red, the fungicide historically used to 
control onion smut, has resulted in an urgent, non-routine situation 
for growers in northern onion growing states. Onion smut, caused by the 
fungus Urocystis magica, is a serious and widespread disease of 
seedling onions in northern onion producing states. In the past, onion 
smut was controlled with thiram 50 percent wettable powder (Arasan 50 
Red) seed treatments. However, the DuPont Comany ceased manufacture of 
this product in 1985, and growers have since exhausted existing stocks 
of Arasan 50 Red. According to the Applicant, there are no other 
registered pesticides or alternative practices available that will 
control this disease. There are other thiram products registered for 
use as onion seed treatments, but the maximum label rates are too low 
to control onion smut.
    Under the proposed exemption, a maximum of 2.5 lbs. of product 
(0.75 lbs. of carboxin) per 100 lbs. of onion seed (2 oz. product/5 
lbs. seed) will be applied to seed before packaging or as part of the 
pellet program. A maximum of one application will be applied directly 
to seed. A maximum of 52,300 lbs. of onion seed may be treated under 
this exemption.
    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 of an application for a specific 
exemption proposing use of an emergency exemption which has been 
requested in any 3 previous years, and a complete application for 
registration of the use and/or a tolerance petition has not been 
submitted to the Agency. Such notice provides for opportunity for 
public comment on the application.
    A record has been established for this notice under docket number 
[OPP-181028] (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 California Environmental 
Protection Agency, Department of Pesticide Regulation.

List of Subjects

    Environmental protection, pesticides and pests, emergency 
exemptions.

    Dated: October 15, 1996.

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

[FR Doc. 96-27587 Filed 10-29-96; 8:45 am]
BILLING CODE 6560-50-F