[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Pages 33455-33456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13348]



[EPA-HQ-OPP-2012-0397; FRL-9351-2]

Bacillus mycoides isolate J; Receipt of Application for Emergency 
Exemption for Use on Potato in Montana, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: EPA has received a specific exemption request from the Montana 
Department of Agriculture to use the pesticide Bacillus mycoides 
isolate J to treat up to 2,675 acres of potato to control Potato Virus 
Y (PVY). 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 must be received on or before June 11, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0397 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), Mail Code: 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: Debra Rate, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0309; fax number: (703) 605-0781; email address: 
[email protected].


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 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 

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

[[Page 33456]]

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 
    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 
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. Montana Department of 
Agriculture has requested the Administrator to issue a specific 
exemption for the use of Bacillus mycoides isolate J on potato to 
control PVY. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    As part of this request, the applicant asserts that Bacillus 
mycoides isolate J is needed to treat first and second generation seed 
potato to control PVY transmitted by aphids. The mode of action of 
Bacillus mycoides isolate J is to induce the plants systemic acquired 
resistance (SAR) to disease. In certified seed potato production, the 
final evaluation on virus levels is determined by conducting a post-
harvest test. In Montana, the level of virus must be below 0.5% PVY for 
planting back for re-certification. The Montana potato industry's 
ability to plant sufficient seed acreage in 2012 will be compromised, 
without the use of Bacillus mycoides isolate J to control PVY. Expected 
losses without the use of Bacillus mycoides isolate J will approach 30% 
of the first generation seed potato and 40% of the second generation 
seed potato.
    The Applicant proposes to make no more than five applications per 
year at a rate of 0.3 ounces of active ingredient per acre per 
application to a maximum of 2,675 acres of potato during the 2012 
growing season in the state of Montana. A total of 4,012.5 ounces of 
Bacillus mycoides isolate J may be used.
    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 use of a new chemical (i.e., an active 
ingredient) which has not been registered by EPA. 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 Montana Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 22, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-13348 Filed 6-5-12; 8:45 am]