[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)] [Notices] [Pages 13005-13006] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-6655] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-181037; FRL 5593-8] Dimethomorph; Receipt of Application for Emergency Exemption, Solicitation of Public Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: EPA has received a specific exemption request from the Florida Department of Agriculture and Consumer Services (hereafter referred to as the ``Applicant'') to use the pesticide dimethomorph (CAS 110488-70- 5) to treat up to 7,250 acres of tobacco to control metalaxyl-resistant blue mold.The Applicant proposes the use of a new (unregistered) 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 April 3, 1997. ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-181037,'' should be submitted by mail to: Public Response and Program Resource Branch, Field Operations Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. In person, bring comments to: Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Comments and data may also be submitted electronically by sending electronic mail (e-mail) to: [email protected]. 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 in 5.1 file format or ASCII file format. All comments and data in electronic form must be identified by the docket number [OPP-181037]. No Confidential Business Information (CBI) should be submitted through e-mail. Electronic comments on this proposed rule may be filed online at many Federal Depository Libraries. Additional information on electronic submissions can be found below in this document. Information submitted in any comment concerning this notice may be claimed confidential 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. 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. All written comments filed pursuant to this notice will be available for public inspection in Rm. 1132, Crystal Mall No. 2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, except legal holidays. FOR FURTHER INFORMATION CONTACT: By mail: Libby Pemberton, Registration Division (7505W), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location, telephone number and e-mail: Floor 6, Crystal Station #1, 2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8326; e-mail: [email protected]. 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 dimethomorph on tobacco to control blue mold. Information in accordance with 40 CFR part 166 was submitted as part of this request. In 1995 and 1996 a national epidemic of tobacco blue mold, caused by metalaxyl-resistant strains of the pathogen, occurred. Resistant strains are becoming more widely disseminated, a situation which is exacerbated with a protracted wet weather pattern. Previously, blue mold was controlled primarily by treatment with metalaxyl, with significant assistance from ferbam and mancozeb. A very high level of control was possible with these materials until metalaxyl-resistant strains appeared. Labeled pesticides made under ideal spray conditions but high disease pressure do not provide acceptable economic levels of control. The Applicant states that presently, there are no fungicides registered in the U.S. that will provide adequate control of the metalaxyl-resistant strains of blue mold. The Applicant states that dimethomorph has been shown to be effective against these strains of blue mold. Dimethomorph holds current registrations throughout many European countries. The Applicant estimates that losses in 1997 could be greater than $7 million without use of dimethomorph. Under appropriate conditions, it is possible that this disease could develop to epidemic proportions, causing major changes and losses to the U.S. tobacco industry. The Applicant proposes to apply dimethomorph at a maximum rate of 0.225 lbs. a.i. (2.5 lbs. of product) per acre, by ground with a maximum of 5 applications per crop, to a maximum of 7,250 acres of tobacco. This notice does not constitute a decision by EPA on the application. The regulations governing section 18 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 not contained in any currently registered pesticide). Such notice provides for opportunity for public comment on the application. Accordingly, interested persons may submit written views on this subject to the Field Operations Division at the address above. A record has been established for this notice under docket number [OPP-181037] (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 public record is located in Room 1132 of the Public Response and Program Resources Branch, Field Operations Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Electronic comments can be sent directly to EPA at: opp-D[email protected] Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. The official record for this notice, as well as the public version, as described above will be kept in paper form. Accordingly, EPA will transfer all comments received electronically into printed, paper form as they are received and will place the paper copies in the [[Page 13006]] official record which will also include all comments submitted directly in writing. The official rulemaking record is the paper record maintained at the address in ``ADDRESSES'' at the beginning of this document. 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 Florida Department of Agriculture and Consumer Services. Dated: March 5, 1997. Stephen L. Johnson, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 97-6655 Filed 3-18-97; 8:45 am] BILLING CODE 6560-50-F