[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23557-23558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09285]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0216; FRL-9383-3]


Fipronil; Receipt of Application for Emergency Exemptions, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received specific exemption requests from the Oregon 
Department of Agriculture to use the pesticide fipronil (CAS No. 
120068-37-3) to treat up to 600 acres of turnips and rutabagas to 
control the cabbage maggot.
    The applicant proposes a use which is supported by the 
Interregional Research Project No. 4 (IR-4) and has been requested in 5 
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 exemption.

DATES: Comments must be received on or before May 6, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2013-0216, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Andrea Conrath, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9356; fax number: (703) 605-0781; email 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. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.

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 EPA 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the EPA Administrator determines that emergency 
conditions exist which require the exemption. The Oregon Department of 
Agriculture has requested the EPA Administrator to issue specific 
exemptions for the use of fipronil on turnip and rutabaga to control 
the cabbage maggot. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    As part of this request, the applicant asserts that an emergency 
situation exists based upon three factors: A severe increase in cabbage 
maggot populations; apparent increasing resistance of the maggot to the 
registered alternative; and phytotoxicity of the registered alternative 
to emerging seedlings. The applicant states that significant economic 
losses will be suffered without adequate control of the cabbage

[[Page 23558]]

maggot in turnip and rutabaga production. The applicant indicates that 
fipronil has been shown to provide excellent crop safety, and overall 
provides better control than the registered alternative.
    The Applicant proposes to make no more than one application at 4.16 
fluid oz. of product per acre, to a maximum of 600 acres of rutabagas 
and turnips, for use of up to a potential maximum of 19.5 gallons of 
product. Applications would potentially be made from April 1 through 
September 30, 2013, in the Oregon counties of Clackimas, Marion, 
Multnomah, and Umatilla.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing a use which is supported by the IR-4 program and 
has been requested in 5 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 application. The Agency will 
review and consider all comments received during the comment period in 
determining whether to issue the specific exemption requested by the 
Oregon Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 12, 2013.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-09285 Filed 4-18-13; 8:45 am]
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