Pesticides; emergency exemptions, etc.: Emamectin benzoate,

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Federal Register: May 5, 1999 (Volume 64, Number 86)NoticesPage 24160-24161From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr05my99-58

ENVIRONMENTAL PROTECTION AGENCY

OPP-181069; FRL 6078-7Emamectin Benzoate, Receipt of Application for Emergency Exemptions; Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received a specific exemption request from the Oklahoma Department of Agriculture (hereafter referred to as the ``Applicant'') to use the insecticide emamectin benzoate (CAS 137512- 74-4) to treat up to 150,000 acres of cotton to control the beet armyworm. Emamectin benzoate is an unregistered material, and its proposed use is thus use of a ``new'' chemical. Therefore, in accordance with 40 CFR 166.24, 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 20, 1999.

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-181069,'' should be submitted by mail to: Public Information and Records Integrity Branch, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. In person, bring comments to: Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.

Comments and data may also be submitted electronically by sending electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Follow the instructions under SUPPLEMENTARY INFORMATION. No Confidential Business Information (CBI) should be submitted through e-mail.

Information submitted in any comment concerning this notice may be claimed confidential by marking any part or all of that information as CBI.

[Page 24161]Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the comment that does not contain CBI must be provided by the submitter for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. The docket is available for public inspection at the Virginia address given above, 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office location, telephone number and e-mail address: Rm. 271, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, (703-308-9356); e- mail: beard.andrea@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), the Administrator may, at her discretion, exempt a state agency from any registration provision of FIFRA if she determines that emergency conditions exist which require such exemption. The Applicant has requested the Administrator to issue a specific exemption for the use of emamectin benzoate on cotton to control beet armyworm. Information in accordance with 40 CFR part 166 was submitted as part of this request.

According to the Applicant, the beet armyworm (BAW) has been a sporadic pest of cotton the past four years, and has caused major economic losses throughout the cotton growing areas. BAW populations were present in especially large numbers over the last growing season. Key outbreak factors are mild winters; late planting; delayed crop maturity; heavy early season organophosphate and pyrethroid use; prolonged hot, dry weather; presence of the BAW early in the season; and weather conditions that support migration of the adult moths. Much of the acreage in question is in the boll weevil eradication program, which requires insecticides that are harsh on natural enemies of the BAW to be used early in the season. The applicant states that this, in combination with lingering drought conditions and a mild winter are expected to result in high BAW populations for the upcoming season. Available insecticides are either ineffective, do not fit into the boll weevil eradication program, or are not expected to be available in sufficient quantities to treat all affected acreage.

Under the proposed exemption, emamectin benzoate may be applied at a rate of 0.0075 - 0.01 lb., active ingredient (a.i.,) (6 - 8 oz. product) per acre, with up to 3 applications during the growing season, using ground or aerial equipment. If all acres are treated at the maximum rate, this could potentially result in a total use of 4,500 lb., a.i., or 28,125 gal. of product.

This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 require publication of a notice of receipt in the Federal Register for an application for a specific exemption proposing the use of a new (unregistered) chemical. Such notice provides for opportunity for public comment on the application.

The official record for this notice, as well as the public version, has been established under docket number (OPP-181069) including comments and data submitted electronically as described below. A public version of this record, including printed, paper versions of electronic comments, which does not include any information claimed as CBI is available for inspection from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The official record is the paper record maintained at the address in `` ADDRESSES'' at the beginning of this document.

Electronic comments can be sent directly to EPA at: opp- docket@epamail.epa.gov.

Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data will also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All comments and data in electronic form must be identified by the docket number (OPP-181069). Electronic comments on this notice may be filedonline at many Federal Depository Libraries. The Agency, accordingly, will review and consider all comments received during the comment period in determining whether to issue the emergency exemption requested by the Oklahoma Department of Agriculture.

List of Subjects

Environmental protection, pesticides and pests, emergency exemptions.

Dated: April 23, 1999.

Peter Caulkins, Acting Director, Registration Division, Office of Pesticide Programs.

FR Doc. 99-11170Filed5-4-99; 8:45 amBILLING CODE 6560-50-F

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