Federal Register: March 17, 2006 (Volume 71, Number 52)
DOCID: FR Doc E6-3928
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
EPA ID: [EPA-HQ-OPP-2006-0155; FRL-7766-1]
ACTION: Pesticides; emergency exemptions, etc.:
DOCUMENT ACTION: Notice.
Ethoprop; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
EPA has received a specific exemption request from the Oregon [[Page 13843]]
Department of Agriculture to use the pesticide ethoprop (CAS No. 13194 484) to treat up to 300 acres of baby hops to control garden symphylans (Scutigerella immaculata). The Applicant proposes a use which has been requested in 5 or more previous years and a petition for a tolerance and registration application has not yet been submitted to the Agency. Due to the urgent nature of the emergency and the very narrow and extremely limited use being requested, EPA has eliminated the public comment period. Nonetheless, interested parties may still contact the Agency with comments about this notice and proposed treatment program.
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:
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 CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through http://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 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.
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 Oregon Department of Agriculture has requested the Administrator to issue a specific exemption for the use of ethoprop on baby hops to control garden symphylans (Scutigerella immaculata). Information in accordance with 40 CFR part 166 was submitted as part of this request.
As part of this request, the Applicant asserts that there are no symphylan control products labeled for use on hops, nor are there any available cultural control methods. The impact of symphylans on baby hops is twofold. First, the newly planted baby hop plants are easily devastated by garden symphylans as a primary pest that infests the root system. The secondary effect of symphylan infestation is that the plant is now weakened and less able to defend itself against other diseases and pests. Growers have documented losses of 15 to 100%, which would result in significant economic losses.
The Applicant proposes to make no more than one ground application postplant, preemergence to a maximum of 300 acres of baby hops in Oregon at a rate of 3 pounds ethoprop (0.5 gallons of product) per acre. A maximum of 900 lbs. active ingredient would be applied between February 15 and May 31, 2006.
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 for an application for a specific exemption proposing a use, which has been requested in 3 or more previous years, and a petition for a tolerance has not yet been submitted to the Agency.
As noted above, the Agency is eliminating the comment period due to
the urgent nature of emergency situation and the very narrow and
extremely limited use being requested. Nonetheless, interested parties
may still contact the Agency with comments about this notice and proposed treatment program.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 7, 2006.
Director, Registration Division, Office of Pesticide Programs. [FR Doc. E63928 Filed 31606; 8:45 am]
BILLING CODE 656050S
FOR FURTHER INFORMATION CONTACT
Libby Pemberton, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001; telephone number: (703) 3089364; fax number: (703) 3085433; e mail address: Sec18Mailbox@epa.gov.