[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Notices]
[Pages 55386-55388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18418]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0242; FRL-7734-7]


Flusilazole; 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 quarantine exemption request from the 
Minnesota and South Dakota Departments of Agriculture to use the 
pesticide flusilazole (Punch 3.3EC), CAS No. 85509-19-9, and a 
flusilazole + famoxadone premix (Charisma 1.7 EC) on soybeans to 
control Asian soybean rust. 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 identification (ID) number OPP-
2005-0242, must be received on or before October 6, 2005.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; 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 are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also

[[Page 55387]]

be affected. The North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2005-0242. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Public Information and Records Integrity Branch (PIRIB), Room 119, 
Crystal Mall 2, 1801 S. Bell Street, Arlington, VA 22202-4501. 
This docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The docket telephone number is (703) 
305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA Dockets. EPA's 
policy is that copyrighted material will not be placed in EPA Dockets 
but will be available only in printed, paper form in the official 
public docket. To the extent feasible, publicly available docket 
materials will be made available in EPA Dockets. When a document is 
selected from the index list in EPA Dockets, the system will identify 
whether the document is available for viewing in EPA Dockets. Although 
not all docket materials may be available electronically, you may still 
access any of the publicly available docket materials through the 
docket facility identified in Unit I.B.1. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA Dockets.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA Dockets as EPA 
receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in EPA Dockets. The entire 
printed comment, including the copyrighted material, will be available 
in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA Dockets. Public 
comments that are mailed or delivered to the Docket will be scanned and 
placed in EPA Dockets. Where practical, physical objects will be 
photographed, and the photograph will be placed in EPA Dockets along 
with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA Dockets. If EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA Dockets to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the 
online instructions for submitting comments. Once in the system, select 
``search,'' and then key in docket ID number OPP-2005-0242. The system 
is an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2005-0242. In contrast to EPA Dockets, 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly to the docket without going through EPA 
Dockets, EPA's e-mail system automatically captures your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket, and made available in EPA Dockets.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0242.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information

[[Page 55388]]

and Records Integrity Branch (PIRIB), Office of Pesticide Programs 
(OPP), Environmental Protection Agency, Room 119, Crystal Mall 
2, 1801 S. Bell Street, Arlington, VA 22202-4501, Attention: 
Docket ID Number OPP-2005-0242. Such deliveries are only accepted 
during the docket's normal hours of operation as identified in Unit 
I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA Dockets or by e-mail. You may claim 
information that you submit to EPA as CBI by marking any part or all of 
that information as CBI (if you submit CBI on disk or CD ROM, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is 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 docket and EPA Dockets. If you submit the copy that does 
not contain CBI on disk or CD ROM, mark the outside of the disk or CD 
ROM clearly that it does not contain CBI. Information not marked as CBI 
will be included in the public docket and EPA Dockets 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.

II. 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 Minnesota and South 
Dakota Departments of Agriculture have requested the Administrator to 
issue a quarantine exemption for the use of flusilazole (Punch 3.3EC) 
and a flusilazole + famoxadone premix (Charisma 1.7 EC) on soybeans to 
control Asian soybean rust. Information in accordance with 40 CFR part 
166 was submitted as part of this request.
    As part of this request, the Applicant asserts that most of the 
73.8 million soybean acres planted in the United States could be 
compromised by Asian soybean rust. A variety of published reports have 
indicated that soybean rust is capable of causing yield reductions 
area-wide on soybeans from 10% to 50% and in selected fields greater 
than 90%. Due to the large acreage potentially impacted, registrants 
have informed the states that no single product will be available in 
sufficient quantity to treat the potential land area impacted by Asian 
soybean rust. Nationally, soybeans account for 73.8 million planted 
acres, 2.75 billion bushels produced, and over $13 billion value of 
production. Even a modest 4% minimal loss of production could reduce 
domestic soybean production to its lowest point in the preceding 5 
years. According to the quarantine exemption request, several products 
have emerged as potentially efficacious against Asian soybean rust in 
international trials, including flusilazole. Flusilazole is a systemic, 
triazole fungicide that can be used as a systemic eradicant and a 
protectant with post-infection activity that can stop pathogen 
establishment in the early phases of disease development.
    As part of this quarantine exemption request, the Applicant 
proposes a maximum of 2 applications of the 37.8% flusilazole formula 
(Punch 3.3EC) per season at an application rate of 1.65 ounces of 
active ingredient/acre (4 fluid ounces of product per acre) of soybeans 
treated. In addition, the Applicant proposes the use of 1 or 2 
applications of the 18.8% (9.7% flusilazole + 9.1% famoxadone) 
flusilazole + famoxadone premix (Charisma 1.7 EC) per season at an 
application rate of 1.91 ounces of active ingredient (1.01 ounces of 
flusilazole + 0.9 ounces of famoxadone)/acre (9 fluid ounces of product 
per acre) of soybeans treated. Ground and aerial applications are 
requested for both products. If granted, the use of Punch 3.3EC on 
soybeans would result in approximately 0.010 million pounds of active 
ingredient used per 1 million soybean acres treated. Further, the use 
of the Charisma 1.7 EC on soybeans would result in approximately 0.12 
million pounds of active ingredient used per 1 million soybean acres 
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 
quarantine exemption proposing ``use of a new chemical (i.e., an active 
ingredient) which has not been registered by the EPA.'' This notice 
provides an opportunity for public comment on the application.
    The Agency, will review and consider all comments received during 
the 15-day public comment period in determining whether to issue the 
quarantine exemption requested by the Minnesota and South Dakota 
Departments of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 9, 2005.

Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 05-18418 Filed 9-20-05; 8:45 am]
BILLING CODE 6560-50-S