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cymoxanil Application for Emergency Exemption 8/95

Date: Wed, 2 Aug 1995 16:32:32 -0400
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To: Multiple recipients of list <epa-pest@unixmail.rtpnc.epa.gov> Subject: Cymoxanil; Receipt of Application for Emergency Exemption, X-Comment: U.S. EPA FEDERAL REGISTER PESTICIDE documents 

[Federal Register: August 2, 1995 (Volume 60, Number 148)] [Notices]
[Page 39387-39388]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov] 


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180977; FRL 4968-6]


Cymoxanil; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the New Jersey Department of Environmental Protection (hereafter referred to as the ``Applicant'') to use the pesticide cymoxanil (CAS 57966-95-7) to treat up to 6,500 acres of tomatoes to control metalaxyl-resistant late blight. 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 August 7, 1995. 

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-180977,'' 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. 

[[Page 39388]]

Comments and data may also be submitted electronically by sending electronic mail (e-mail) to: 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 in 5.1 file format or ASCII file format. All comments and data in electronic form must be identified by the docket number [OPP-180977]. No Confidential Business Information (CBI) should be submitted through e-mail. Electronic comments on this notice 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 a.m. to 4:30 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 and telephone number: Floor 6, Crystal Station #1, 2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8326; e-mail: pemberton.libby@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 cymoxanil on tomatoes to control late blight. Information in accordance with 40 CFR part 166 was submitted as part of this request. 
Recent failures to control late blight in tomatoes as well as potatoes with the registered fungicides, have been caused almost exclusively by immigrant strains of late blight Phytophthora infestans, which are resistant to the control of choice, metalaxyl. Before the immigrant strains of late blight arrived, all of the strains in the U.S. were previously controlled by treatment with metalaxyl. The Applicants state that presently, there are no fungicides registered in the U.S. that will provide adequate control of the immigrant strains of late blight. The Applicant states that cymoxanil has been shown to be effective against these strains of late blight. Cymoxanil holds current registrations throughout many European countries for control of this disease. The Applicant indicates that a 75 percent yield reduction is expected based on the current infestation. Net revenues are expected to be reduced by over $7 million for the affected acreage without the use of cymoxanil.
The Applicant proposes to apply cymoxanil, manufactured by E. I. duPont de Nemours Co., as Curzate M-8, at a maximum rate of 0.1 lbs. a.i. (1.25 lb. of product) per acre by ground or air, with a maximum of 3 applications per season. A 14-day PHI will be observed. Use under this exemption could potentially amount to a maximum 1,950 lb. of cymoxanil. 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-180977'' (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 a.m. to 4:30 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-docket@epamail.epa.gov


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 official record which will also include all comments submitted directly in writing. The official 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 New Jersey Department of Environmental Protection.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions. 

Dated: July 20, 1995.

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

[FR Doc. 95-19005 Filed 8-1-95; 8:45 am] BILLING CODE 6560-50-F