[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Notices]
[Pages 40293-40295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14494]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0101; FRL-7182-3]


Tebufenozide; 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 Vermont 
Department of Agriculture, Food, and Markets and the Maine Department 
of Agriculture, Food, and Rural Resources to use the pesticide 
tebufenozide (CAS No. 112410-23-8) to treat up to 25,000 acres of 
pasture and haylands in Vermont and 100,000 acres of pasture and 
haylands in Maine to control

[[Page 40294]]

armyworms. The Applicants propose a use which has been requested in 3 
or more previous years, and a petition for a tolerance has not yet been 
submitted to the Agency. EPA is soliciting public comment before making 
the decision whether or not to grant the exemption.

DATES: Comments, identified by docket ID number OPP-2002-0101, must be 
received on or before June 27, 2002.

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 ID number 
OPP-2002-0101 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, 
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. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in this unit. 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,'' ``Regulations and Proposed Rules,'' 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 ID number OPP-2002-0101. 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 ID number OPP-2002-0101 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, 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 ID number OPP-2002-0101. 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.

[[Page 40295]]

    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 notice.
    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 
ID 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

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 Vermont Department of 
Agriculture, Food, and Markets and the Maine Department of Agriculture, 
Food, and Rural Resources has requested the Administrator to issue a 
specific exemption for the use of tebufenozide on pasture and haylands 
to control armyworms. Information in accordance with 40 CFR part 166 
was submitted as part of this request.
    As part of this request, the Vermont Department of Agriculture, 
Food, and Markets asserts that in 2001 unusually cooler temperatures 
and in localized regions of the state wet conditions triggered 
tremendous numbers of pests including armyworms and particularly fall 
armyworms. The concern is that there will be a recurrence of the 
conditions in 2002 leading to more potential crop loss. The economic 
threshold action level for pastures and haylands is three or more small 
armyworms per square foot. An armyworm outbreak in Vermont is of vital 
concern to farmers and livestock owners. Armyworm infestations have 
reduced the production in pasture and hay crops by an estimated 50% to 
90%. According to Vermont Department of Agriculture, Food, and Markets 
there is no currently registered product that is effective in 
controlling armyworms.
    The Maine Department of Agriculture, Food, and Rural Resources 
asserts that in 2001 economic losses due to armyworms occurred in all 
areas of Maine. In some locations armyworm infestations reduced the 
production in improved pastures as well as grasslands by 50% to 100%. 
The mild winter and recent wet conditions this spring are conducive to 
another outbreak of armyworms. Like Vermont, the Maine Department of 
Agriculture, Food, and Rural Resources also states that currently 
registered alternatives are not effective in controlling armyworms.
    Efficacy data as well as actual field use (under previous emergency 
exemptions) indicate that tebufenozide will provide excellent armyworm 
control.
    Both applicants propose to make no more than two applications per 
acre per year of a formulated product containing 23% tebufenozide. Up 
to 0.125 lb active ingredient (ai) per acre (8 fluid ounces of 
formulated product) will be applied. A total of 0.25 lb ai per acre (16 
fluid ounces of formulated product) may be applied. A maximum of 25,000 
acres of pasture and haylands in Vermont and 100,000 acres of pasture 
and haylands in Maine will be treated.
    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 a use which has been requested in 3 or 
more previous years, and a petition for a tolerance has not yet been 
submitted to the Agency. 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 specific 
exemptions requested by the Vermont Department of Agriculture, Food, 
and Markets and the Maine Department of Agriculture, Food, and Rural 
Resources. In the past the Agency has issued emergency exemptions for 
this use in Alabama, Arkansas, Connecticut, Kentucky, Louisiana, 
Mississippi, Oklahoma, Tennessee, Texas, and Vermont to control 
armyworms in pasture. It is likely these other states may also apply 
for emergency exemptions in 2002 for use season.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 31, 2002.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02-14494 Filed 6-11-02; 8:45 am]
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