[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Notices]
[Pages 17814-17815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9387]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181042; FRL 5598-5]


Emamectin Benzoate; 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 Hawaii 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide emamectin benzoate (CAS 137512-74-4) (formulated 
as ``Proclaim 5SG'') to control the diamondback moth on up to 1,000 
acres of head and Chinese Napa cabbage in Hawaii. The Applicant 
proposes the use of a ``new'' chemical (an active ingredient not 
currently found in any registered product). 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 April 15, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181042,'' 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 #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: Olga Odiott, Registration 
Division (7505W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number and e-mail: Sixth floor, Crystal Station #1, 
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-6418; 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. Growers using these products have experienced significant 
yield reductions due to feeding damage by the diamondback moth, when it 
was not adequately controlled through use of registered materials. The 
Applicant states that although several alternative control practices 
have been adopted by many cabbage growers, these alternatives are only 
partially effective, and that without an effective control such as 
emamectin benzoate, cabbage growers in Hawaii will likely suffer severe 
economic losses.
    The Applicant proposes to apply emamectin benzoate at a rate of 
0.0075 lbs. active ingredient (a.i.) per acre with a maximum of six 
applications per crop season, but no more than 0.045 lbs., 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 45 lbs. of the active 
ingredient, emamectin benzoate. This is the second 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.
    The official record for this notice, as well as the public version, 
has been established for this notice under docket number [OPP-181042] 
(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.,

[[Page 17815]]

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-181042]. Electronic comments on 
this notice may be filed online at many Federal Depository Libraries.
    Accordingly, interested persons may submit written views on this 
subject to the Field Operations Division at the address above. The 
Agency 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: April 2, 1997.

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

[FR Doc. 97-9387 Filed 4-10-97; 8:45 am]
BILLING CODE 6560-50-F