[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Notices]
[Pages 10785-10787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4790]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-181073; FRL-6493-3]


Thiabendazole; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received specific exemption requests from the 
Washington and Idaho Departments of Agriculture to use the pesticide 
thiabendazole (CAS No. 148-79-8) to treat seed sufficient for planting 
up to 100,000 acres of lentils to control Ascochyta blight. The 
Applicants propose a use which has been requested in 3 or more previous 
years, and a petition for tolerance has not yet been submitted to the 
Agency. EPA is soliciting public comment before making the decision 
whether or not to grant the exemptions.

DATES: Comments, identified by docket control number OPP-181073, must 
be received on or before March 15, 2000.

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-181073 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Andrea Beard, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone

[[Page 10786]]

number: (703) 308-9356; fax 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 carefully examine the applicability provisions in 40 CFR 166. If 
you have any questions regarding the applicability of this action to a 
particular entity, 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-181073. 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-181073 in the subject line on 
the first page of your response.
    1. 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, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 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-181073. 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. Washington and

[[Page 10787]]

Idaho Departments of Agriculture have requested the Administrator to 
issue specific exemptions for the use of thiabendazole on lentils to 
control Ascochyta blight. Information in accordance with 40 CFR part 
166 was submitted as part of this request.
    As part of this request, the Applicants assert that a new strain of 
Ascochyta blight, capable of spreading quickly over great distances has 
become established in northwest lentil fields, which is not controlled 
by the registered alternatives. This disease is likely to lead to 
significant economic losses if not adequately controlled. 
Thiabendazole, as a seed treatment, has proven to prevent this disease 
from becoming established.
    The Applicants propose to make no more than one application, to be 
applied as a seed treatment, at a rate of 1.7 to 3.0 fluid ounces per 
100 pounds of seed. A maximum amount of seed sufficient to plant 
100,000 acres could be treated (55,000 acres in Washington; 45,000 
acres in Idaho). This would amount to a maximum of 1,289 gallons of 
formulated product.
    This notice does not constitute a decision by EPA on the 
applications themselves. The regulations governing section 18 of FIFRA 
require publication of a notice of receipt of an application for a 
specific exemption proposing a use which has been requested in 3 or 
more previous years, and a petition for tolerance has not yet been 
submitted to the Agency. The notice provides an opportunity for public 
comment on the applications.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the emergency 
exemptions requested by the Washington and Idaho Departments of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 17, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 00-4790 Filed 2-28-00; 8:45 am]
BILLING CODE 6560-50-F