[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Notices]
[Pages 11449-11450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6013]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181036; FRL 5593-6]


Propamocarb Hydrochloride; 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 
Pennsylvania Department of Agriculture and the California Department of 
Pesticide Regulation (hereafter referred to as the ``Applicants'') to 
use the pesticide propamocarb hydrochloride (CAS 25606-41-1) to treat 
potentially up to 5,500 acres in Pennsylvania and 190,000 acres in 
California of tomatoes to control immigrant strains of late blight 
which are resistant to historically used control materials. The 
Applicants propose the first food use of an active ingredient 
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 March 27, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181036,'' 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-181036]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic comments on this 
proposed rule 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 8:30 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, telephone number and e-mail: 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 
propamocarb hydrochloride 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 Applicants state that the requested chemical has been 
shown to be effective against these strains of late blight. The active 
ingredient holds current registrations throughout many European 
countries for control of this disease. The Applicants indicate that at 
least a 50 percent yield reduction is expected based on the current 
infestation. Net revenues are expected to be reduced by over $500 
million for the affected acreage without the use of the requested 
chemical.
    The Applicants propose to apply propamocarb hydrochloride, 
manufactured by AgrEvo USA Company, as Tattoo C, at a maximum rate of 
0.9 lbs. a.i. (2.3 pt of product) per acre by chemigation, ground or 
air, with a maximum of 5 applications per season. A 7-day Preharvest 
Interval (PHI) will be observed. Use under these exemptions could 
potentially amount to a maximum 175,950 lbs. of propamocarb 
hydrochloride.
    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 the first food use of an active ingredient. Such notice 
provides for opportunity for public comment on the applications. 
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 rulemaking under docket 
number [OPP-181036] (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 8:30 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 rulemaking, 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 rulemaking record which will also include all comments 
submitted directly in writing.

[[Page 11450]]

The official rulemaking 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 Pennsylvania Department of 
Agriculture and the California Department of Pesticide Regulation.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: February 28, 1997.

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

[FR Doc. 97-6013 Filed 3-11-97; 8:45 am]
BILLING CODE 6560-50-F