[Federal Register Volume 65, Number 51 (Wednesday, March 15, 2000)]
[Notices]
[Pages 13965-13967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5926]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181075; FRL-6495-9]


Fluazinam; 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 
Virginia Department of Agriculture and Consumer Services and the 
Oklahoma Department of Agriculture to use the pesticide fluazinam (CAS 
No. 79622-59-6) to treat up to 45,000 acres in Virginia and 33,000 
acres in Oklahoma of peanuts to control sclerotinia blight. The 
Applicant proposes the use of a new chemical which has not been 
registered 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-181075, must 
be received on or before March 30, 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-181075 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, 
Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 305-6463; 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. 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-181075. 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.,

[[Page 13966]]

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-181075 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-181075. 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 Virginia Department 
of Agriculture and Consumer Services and the Oklahoma Department of 
Agriculture has requested the Administrator to issue a specific 
exemption for the use of fluazinam on peanuts to control sclerotinia 
blight. Information in accordance with 40 CFR part 166 was submitted as 
part of this request.
    As part of this request, the Applicant asserts that in Virginia 
since 1992, several events have impacted the peanut crop and resulted 
in an overall decline in its value. Major factors responsible for this 
decline have been the steady spread of sclerotinia blight, the absence 
of effective control measures, and the unchanging market prices that 
farmers receive for peanuts under provisions of the 1996 farm bill. 
Emergency exemptions for use of dicloran to control sclerotinia blight 
were granted to the Virginia Department of Agriculture and Consumer 
Services from 1978 through 1983. The state claims that disease control 
with dicloran was erratic. In 1985, iprodione was registered to control 
sclerotinia blight in peanuts. Acording to the state, sclerotinia 
blight has developed resistance to iprodione and therefore does not 
provide effective disease control. In Virginia epidemics of sclerotinia 
blight occur in peanuts each year once the crop develops a complete 
canopy that covers the soil surface. Cool-to-moderate temperatures and 
moist conditions under the plant canopy are a triggering factor for 
germination of sclerotia and subsequent infection of plant parts. Yield 
losses without the use of fluazinam are expected to exceed 10% for 60% 
of the total acres planted in 2000.
    Sclerotinia blight of peanuts was first discovered in Oklahoma in 
1972 and became endemic since its discovery. Disease outbreaks may 
occur in early July or soon after peanut plants have formed a foliar 
canopy that shades the soil surface. The disease is favored by high 
humidity and cool to warm temperatures. The disease is expected to be 
most severe in the late summer when the prevailing temperatures are 
cooler and the peanut plant canopy shades the soil and cools soil 
temperatures. A favorable microclimate is present in irrigated fields 
because of a dense plant canopy, vegetative wetness, and cool moist 
soils. The majority (80%) of the peanut acreage in Oklahoma is 
irrigated. The state contends that registered fungicides such as 
iprodione and Tenncop (Cu-based) do not adequately control sclerotinia 
blight. Although a peanut variety (Tamspan 90) resistant to sclerotinia 
blight is available, it is a Spanish type variety and growers are 
reluctant to plant this type of peanut because the nut processing 
industry prefers runner-type peanut varieties. The Oklahoma Department 
of Agriculture has been granted emergency exemptions for use of 
dicloran to control sclerotinia blight for the past 3 years (1997, 
1998, and 1999). EPA denied an exemption request for dicloran on 
peanuts in Oklahoma in 1991 due to insufficient progress toward a 
section 3 registration. Previously, exemptions were granted for this 
use from 1978 through 1984 and from 1987 through 1990. The state claims 
that

[[Page 13967]]

growers have reported efficacy problems with the use of dicloran.
    The Virginia Department of Agriculture and Consumer Services 
proposes to make no more than three applications of an end-use product 
containing 40% fluazinam on 45,000 acres of peanuts. A total of 3 pints 
of product (three applications at 1 pint each) or a total of 1.56 lb 
active ingredient may be applied per acre for a total of 70,200 pounds 
active ingredient. Treatments are proposed for use from June 15, 2000 
to October 1, 2000. Fields requiring treatments are located in the city 
of Suffolk, and the counties of Southampton, Isle of Wight, 
Greensville, Sussex, Dinwiddie, Prince George, Surry, Accomack and 
Northampton.
    The Oklahoma Department of Agriculture proposes to make no more 
than three applications of an end-use product containing 40% fluazinam 
on 33,000 acres of peanuts. A total of 4 pints of product or a total of 
2.1 lb active ingredient may be applied per acre for a total of 70,200 
pounds active ingredient. Treatments are proposed for use from July 15, 
2000 to October 15, 2000. Fields requiring treatments are located in 
Atoka, Beckham, Blaine, Bryan, Caddo, Canadian, Carter, Choctaw, 
Cleveland, Comanche, Creek, Custer, Dewey, Garvin, Grady, Greer, 
Harmon, Haskell, Hughes, Jackson, Jefferson, Johnston, Kiowa, Lincoln, 
Logan, Love, McClain, McCurtain, McIntosh, Marshall, Muskogee, 
Okfuskee, Oklahoma, Okmulgee, Payne, Pittsburg, Pontotoc, Pottawatomie, 
Seminole, Stephens, Tillman, and Washita.
    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 ``use of a new chemical (i.e., an active 
ingredient which has not been registered by the EPA.'' The notice 
provides an opportunity for public comment on the 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 Virginia Department of Agriculture and 
Consumer Services, and the Oklahoma Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 3, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 00-5926 Filed 3-14-00; 8:45 am]
BILLING CODE 6560-50-F