[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Pages 3415-3417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00730]



[EPA-HQ-OPP-2012-0937; FRL-9374-8]

3-Decen-2-One; 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 
Wisconsin Department of Agriculture, Trade, and Consumer Protection to 
use the pesticide 3-decen-2-one (CAS No. 10519-33-2) to treat up to 
500,000 tons of potatoes with 3-decen-2-one to burn-off potato sprouts 
in storage facilities. 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 

DATES: Comments must be received on or before January 31, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0937 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.

[[Page 3416]]

     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: Amaris Johnson, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 305-9542; fax number: (703) 605-0781; email address: 


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 
    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 a typical or disproportionately high and adverse 
human health impacts or environmental effects from exposure to the 
pesticide(s) discussed in this document, compared to the general 

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 Wisconsin Department 
of Agriculture, Trade and Consumer Protection has requested the EPA 
Administrator to issue a specific exemption for the use of 3-decen-2-
one on potatoes in storage facilities to burn off already emerged 
sprouts. Information in accordance with 40 CFR part 166 was submitted 
as part of this request.
    As part of this request, the applicant asserts that the 2012 
growing season started 2-3 weeks early and was unseasonably warmer by 
3-5 degrees Fahrenheit. This resulted in potatoes sprouting early in 
storage facilities, and thus the need to control the sprouting to 
prevent potential economic loss. Buyers can reject or mark down full 
loads of potatoes even if minor sprouting is observed. Currently, there 
are many stored potatoes with sprouts greater than 1 millimeter (mm) in 
Wisconsin. 3-decen-2-one is the best option for stored potatoes because 
it burns off existing sprouts, even those greater than 1 mm. The 
majority of alternatives do not burn off existing sprouts nor can they 
be used on sprouts greater than 1 mm. If the use of 3-decen-2-one is 
not permitted, the economic loss to the state of Wisconsin is estimated 
at 40% of the state's potato crop or up to 500,000 tons.
    The applicant proposes to make no more than two applications of the 
chemical with at least 7 days between applications (retreatment 
interval), the maximum number of stored potatoes to be treated is 
10,000,000 hundredweight (cwt) or 500,000 tons. The total amount of 
product is 16,406 gallons or 16,078 gallons of active ingredient, 
during the growing season from now through July 2013. The use of 3-
decen-2-one is permissible in the following Wisconsin counties: Adams, 
Barron, Chippewa, Columbia, Green Lake, Iowa, Jefferson, Juneau, 
Marquette, Portage, Richland, Sauk, Shawano, Waushara, Waupaca, Wood, 
Langlade, and Oneida.
    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 Wisconsin Department of Agriculture, Trade 
and Consumer Protection.

List of Subjects

    Environmental protection, Pesticides and pests.

[[Page 3417]]

    Dated: January 3, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-00730 Filed 1-15-13; 8:45 am]