[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Notices]
[Pages 55921-55923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26970]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181070; FRL-6389-6]


1, 3 Dichloropropene; 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 State 
of California Department of Pesticide Regulation to use the pesticide 
1,3 dichloropropene (CAS No. 542-75-6) to treat up to 50,000 acres of 
wine grapes to control Grape phylloxera and nematodes. The Applicant 
proposes the use of a chemical which is or has been the subject of a 
Special Review by the EPA. EPA is soliciting public comment before 
making the decision whether or not to grant the exemption.

DATES: Comments, identified by docket control number OPP-181070, must 
be received on or before November 1, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION.'' To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-181070 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460; telephone number: (703) 305-6463; 
fax

[[Page 55922]]

number: (703) 308-5433; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you petition EPA 
for emergency exemption under section 18 of FIFRA. Potentially affected 
categories and entities may include, but are not limited to:


 
------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
State government                  9241                State agencies
                                                       that petition EPA
                                                       for section 18
                                                       pesticide
                                                       exemption
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be regulated by this 
action. Other types of entities not listed in the table in this unit 
could also be regulated. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine whether you or your business is affected by this action, you 
should consult the person listed under ``FOR FURTHER INFORMATION 
CONTACT.''

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-181070. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-181070 in the subject line on 
the first page of your response.
     By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected],'' or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-181070. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under ``FOR FURTHER INFORMATION 
CONTACT.''

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. The State of California 
Department of Pesticide Regulation has requested the Administrator to 
issue a specific exemption for the use of 1,3 dichloropropene on wine 
grapes to

[[Page 55923]]

control Grape phylloxera and nematodes. Information in accordance with 
40 CFR part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that significant 
damage from Grape phylloxera and nematodes have left growers suffering 
losses exceeding $1 billion over the past ten years. Growers are faced 
with an emergency because they do not have an effective tool in late 
spring and summer to control Grape phylloxera and nematodes. 
Specifically, the only effective means of control of phylloxera and 
nematodes is carbofuran, which is only available until May 1 and after 
harvest (which takes place in late fall). However, late spring and 
summer are critical times for control of Grape phylloxera and nematodes 
because their population levels tend to significantly increase during 
these periods. Results of efficacy research by the University Extension 
and the manufacturer indicate that 1,3 dichloropropene is a reliable 
effective control of Grape phylloxera and nematodes.
    The Applicant proposes to make no more than four applications of 
1,3 dichloropropene, to be applied through drip irrigation systems to 
50,000 acres of wine grapes Statewide except in the counties of 
Alameda, Amador, Calaveras, El Dorado, Fresno, Kern, Kings, Lake, 
Madera, Merced, Monterey, Sacramento, San Benito, San Luis Obispo, 
Santa Barbara, Santa Clara, San Joaquin, Stanislaus, Tulare, and Yolo. 
A maximum of 8 gallons of product (containing 8.84 lbs ai per gallon) 
per acre could be applied to 50,000 acres for a total of 3,536,000 
pounds of active ingredient applied.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 of FIFRA 
require publication of a notice of receipt of an application for a 
specific exemption proposing the use of an active ingredient that is or 
has been subject of a Special Review. On October 8, 1986 (51 FR 36160) 
(FRL-3092-4), a Federal Register notice announced the Special Review of 
1,3 dichloropropene based on cancer concerns for workers. This notice 
provides an opportunity for public comment on the specific emergency 
exemption application.
    The Agency, will review and consider all comments received during 
the comment period in determining whether to issue the emergency 
exemption requested by the State of California Department of Pesticide 
Regulation.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 1, 1999.

Peter Caulkins,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 99-26970 Filed 10-14-99; 8:45 am]
BILLING CODE 6560-50-F