[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Notices]
[Pages 24918-24919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11634]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181045; FRL 5714-4]


Benomyl; Receipt of Application 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

[[Page 24919]]

Dakota Department of Agriculture and the Minnesota Department of 
Agriculture (hereafter referred to as the ``Applicants'') to use the 
pesticide benomyl (CAS 17804-35-2) (formulated as ``Benlate 
Fungicide'') for the control of Sclerotinia stem rot in canola. A 
maximum of 60,000 acres in North Dakota, and a maximum of 10,500 acres 
in Minnesota could be treated. The Applicants propose the use of a 
pesticide which contains an active ingredient which has been the 
subject of a Special Review, and is intended for a use that could pose 
similar risks to the risks posed by the uses that were the subject of 
the Special Review. 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 May 22, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181045,'' 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.'' 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 Room 
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 Applicants have 
requested the Administrator to issue specific exemptions for the use of 
benomyl on canola to control the Sclerotinia stem rot. Information in 
accordance with 40 CFR part 166 was submitted as part of the requests.
    The Applicants state that the last 4 years have been favorable to 
the buildup of Sclerotinia in the soil, and that experience with other 
crops indicates the Sclerotinia levels are sufficiently high to place 
the canola crop in a highly vulnerable position if a rainy period 
occurs when the crop is flowering. The Applicants state that canola 
growers will likely suffer severe economic losses since there are no 
registered alternative pesticides available and the fungus has become 
sufficiently widespread that crop rotation will be of limited 
effectiveness in the major canola producing areas.
    The Applicants propose to make a single aerial application of 
benomyl at a rate of 0.5 lbs. active ingredient (a.i.) per acre during 
the 20 to 30 percent bloom stage. The need for application of the 
fungicide will be determined by the weather in the weeks prior to bloom 
and the yield potential. The proposed use is for up to 60,000 acres of 
canola in North Dakota, and 10,500 acres of canola in Minnesota. 
Therefore, use under these exemptions could potentially amount to a 
maximum total of 35,250 lbs. of the active ingredient, benomyl (30,000 
in North Dakota and 5,250 in Minnesota). Emergency exemptions for this 
use were granted to North Dakota in 1989 thru 1992.
    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 pesticide 
which contains an active ingredient which has been the subject of a 
Special Review, and is intended for a use that could pose similar risks 
to the risks posed by the uses that were the subject of the Special 
Review. 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-181045] 
(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-181045]. Electronic comments on 
this notice may be filed online at many Federal Depository Libraries.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the emergency 
exemptions requested by the North Dakota Department of Agriculture and 
the Minnesota Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: April 23, 1997.

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

[FR Doc. 97-11634 Filed 5-6-97; 8:45 am]
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