[Federal Register Volume 64, Number 86 (Wednesday, May 5, 1999)]
[Notices]
[Pages 24160-24161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11170]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181069; FRL 6078-7]


Emamectin Benzoate, 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 a specific exemption request from the 
Oklahoma Department of Agriculture (hereafter referred to as the 
``Applicant'') to use the insecticide emamectin benzoate (CAS 137512-
74-4) to treat up to 150,000 acres of cotton to control the beet 
armyworm. Emamectin benzoate is an unregistered material, and its 
proposed use is thus use of a ``new'' chemical. 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 May 20, 1999.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181069,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring comments to: Rm. 119, 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]. Follow 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.

[[Page 24161]]

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. The docket is available for 
public inspection at the Virginia address given above, 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office 
location, telephone number and e-mail address: Rm. 271, Crystal Mall 
#2, 1921 Jefferson Davis Highway, Arlington, VA, (703-308-9356); 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 cotton to control beet armyworm. Information 
in accordance with 40 CFR part 166 was submitted as part of this 
request.
    According to the Applicant, the beet armyworm (BAW) has been a 
sporadic pest of cotton the past four years, and has caused major 
economic losses throughout the cotton growing areas. BAW populations 
were present in especially large numbers over the last growing season. 
Key outbreak factors are mild winters; late planting; delayed crop 
maturity; heavy early season organophosphate and pyrethroid use; 
prolonged hot, dry weather; presence of the BAW early in the season; 
and weather conditions that support migration of the adult moths. Much 
of the acreage in question is in the boll weevil eradication program, 
which requires insecticides that are harsh on natural enemies of the 
BAW to be used early in the season. The applicant states that this, in 
combination with lingering drought conditions and a mild winter are 
expected to result in high BAW populations for the upcoming season. 
Available insecticides are either ineffective, do not fit into the boll 
weevil eradication program, or are not expected to be available in 
sufficient quantities to treat all affected acreage.
    Under the proposed exemption, emamectin benzoate may be applied at 
a rate of 0.0075 - 0.01 lb., active ingredient (a.i.,) (6 - 8 oz. 
product) per acre, with up to 3 applications during the growing season, 
using ground or aerial equipment. If all acres are treated at the 
maximum rate, this could potentially result in a total use of 4,500 
lb., a.i., or 28,125 gal. of product.
    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 under docket number (OPP-181069) 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 record is the paper 
record maintained at the address in `` ADDRESSES'' at the beginning of 
this document.

    Electronic comments can be sent directly to EPA at: opp-
[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 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number (OPP-181069). 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 exemption requested by the Oklahoma Department of 
Agriculture.

List of Subjects

    Environmental protection, pesticides and pests, emergency 
exemptions.

    Dated: April 23, 1999.

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

[FR Doc. 99-11170 Filed 5-4-99; 8:45 am]
BILLING CODE 6560-50-F