[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Pages 15698-15699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8398]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181041; FRL 5597-8]


Cymoxanil, Propamocarb Hydrochloride and 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 Florida 
Department of Agriculture and Consumer Services (hereafter referred to 
as the ``Applicant'') to use the pesticides cymoxanil (CAS 57966-95-7), 
propamocarb hydrochloride (CAS 25606-41-1) and dimethomorph (CAS 
110488-70-5) to treat potentially up to 50,000 acres of tomatoes to 
control immigrant strains of late blight which are resistant to 
historically used control materials. The Applicant proposes the use of 
either new (unregistered) chemicals or 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 April 17, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181041,'' 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 following 
the instructions under ``SUPPLEMENTARY INFORMATION'' of this document. 
No Confidential Business Information (CBI) should be submitted through 
e-mail.
    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 Applicant has 
requested the Administrator to issue specific exemptions for the use of 
cymoxanil, propamocarb hydrochloride, and/or dimethomorph 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 Applicant states 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 each of 
these requested chemicals has been shown to be effective against these 
strains of late blight. Each active ingredient holds current 
registrations throughout many European countries for control of this 
disease. The Applicant indicates that at least a 30 percent yield 
reduction is expected based on the current infestation. Net revenues 
are expected to be reduced by over $12 million for the affected acreage 
without the use of these requested chemicals.
    The Applicant proposes to apply propamocarb hydrochloride, 
manufactured by AgrEvo USA Company, as Tattoo C, at a maximum rate of 
0.9 lbs. active ingredient [(a.i.)], (2.3 pt of product) per acre by 
ground or air, with a maximum of 5 applications per season. A 7-day PHI 
will be observed. Use under this exemption could potentially amount to

[[Page 15699]]

a maximum 225,000 lbs. of propamocarb hydrochloride.
    The Applicant proposes to apply cymoxanil, manufactured by E.I. du 
Pont de Nemours and Company, as Curzate M-8, and as Manex C-8, 
manufactured by Griffin Corporation, at a maximum rate of 0.12 lbs. 
a.i. (1.5 lb. of product) per acre, by ground or air, with a maximum of 
7 applications per season and a 5-day PHI. Use under this exemption 
could potentially amount to a maximum 42,000 lbs. of cymoxanil.
    The Applicant proposes to apply dimethomorph at a maximum rate of 
0.2 lbs. a.i. (2.25 lb. of product) per acre, by ground or air, with a 
maximum of 5 applications per season and a 5-day PHI. Use under this 
exemption could potentially amount to a maximum 50,000 lbs of 
dimethomorph.
    This notice does not constitute a decision by EPA on the 
applications. The regulations governing section 18 require publication 
of a notice of receipt in the Federal Register for an application for a 
specific exemption proposing use of a new chemical (i.e., an active 
ingredient not contained in any currently registered pesticide) or the 
first food use of an active ingredient. 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.
    The official record for this notice, as well as the public version, 
has been established for this notice under docket number [OPP-181041] 
(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 official notice 
record is located at the address in ADDRESSES at the beginning of this 
document.
    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. Comment and data 
will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket number [OPP-181041]. Electronic comments on 
this notice may be filed online at many Federal Depository Libraries.
    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 Florida Department of Agriculture 
and Consumer Services.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: March 24, 1997.

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

[FR Doc. 97-8398 Filed 4-1-97; 8:45 am]
BILLING CODE 6560-50-F