Spiromesifen; Receipt of Application for Emergency Exemption, Solicitation of Public Comment, 11651-11653 [05-4262]

Download as PDF Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices benthiavalicarb-isopropyl behaves like a promotor following initiation with diethylnitrosamine (DEN), and does not have initiating activity. The compound did not cause oxidative damage in studies on rat or mouse liver, was a slight enzyme inducer, and did not cause hepatocyte proliferation. 6. Animal metabolism. Benthiavalicarb-isopropyl is rapidly absorbed at the dose levels tested in both sexes. The distribution of radioactivity was generally throughout the body, with the liver having the highest levels at all time points. Excretion was predominantly via the bile. The metabolism was complex. The predominant routes of metabolism were gluthione conjugation or hydroxylation on the benzene or valyl moieties. This resulted in a large number of metabolites, many present only in small quantities. 7. Metabolite toxicology. It was concluded that no specific metabolite toxicity studies were needed. 8. Endocrine disruption. Benthiavalicarb-isopropyl was tested for its potential to induce hormomimetic effects in ovariectimized rats, potential effects on estradiol, progesterone, LH and aromatase activity in the rat, and potential effects on thyroid hormones in the rat and mouse. Under the conditions of these studies, no endocrine disrupting activity was displayed. C. Aggregate Exposure 1. Dietary exposure. There are no registered uses of benthiavalicarbisopropyl in the United States, (U.S.) and no other tolerance petitions have been submitted to EPA for this active ingredient. Dietary exposure is limited in the U.S. to residues in/on imported grapes and tomatoes and their processed components. A Tier I exposure analysis was conducted which assumed that 100% of the imported grape and tomato products consumed in the U.S. contained residues at the proposed tolerance levels. This is a ‘‘worst case’’ scenario in two ways–the product is not and will not be registered for use in many of the countries exporting these commodities to the U.S., and it is unlikely that all residues will be at the tolerance levels. Based on the expected reference dose (RfD) of 0.1 mg/kg/day, the exposure to the general population in this worst case scenario is 0.17% of the RfD. Based on an aRfD of 0.1 mg/kg/ day, the exposure to the general population in this worst case scenario is 1.18 % of the aRfD. Cancer dietary exposure estimates were also conducted, which indicate that with a very conservative Q* and linear VerDate jul<14>2003 18:06 Mar 08, 2005 Jkt 205001 11651 extrapolation, the cancer risk is acceptable. i. Food. This is a new chemical and there are no other food uses except for the proposed uses on grapes and tomatoes. ii. Drinking water. No exposure is expected from drinking water as this is an import tolerance and no U.S. registrations are expected. 2. Non-dietary exposure. There are no non-occupational sources of exposure to benthiavalicarb-isopropyl for the general population due to the fact that the requested action is to establish tolerances for import purposes only. chronic RfD. For acute exposure assessment, the most sensitive population is non-nursing infants, with an exposure estimate utilizing about 5% of the acute reference dose. Therefore, based on the toxicity data and the worst case estimates of exposure, K-I Chemical U.S.A. concludes that there is a reasonable certainty that no harm will result to infants and to children from aggregate exposure to residues of benthiavalicarb-isopropyl, including all anticipated dietary exposure and all other non-occupational exposures. D. Cumulative Effects There is no evidence available to suggest that benthiavalicarb-isopropyl has a mode of action that is common with other registered pesticides. Therefore K-I Chemical U.S.A. Inc. has considered only the potential risks of benthiavalicarb-isopropyl in the exposure assessments. Currently there are no international tolerances. E. Safety Determination 1. U.S. population. Using the exposure assumptions described above, based on the completeness and the reliability of the toxicity data, K-I Chemical U.S.A. has estimated that aggregate exposure to benthiavalicarbisopropyl will utilize less than 1% of the RfD for the U.S. population. EPA generally has no concern for exposure below 100% of the RfD. Therefore, based on the completeness and the reliability of the toxicity data, and the exposure assessment discussed above, K-I Chemical U.S.A. concludes that there is a reasonable certainty that no harm will result from aggregate exposure to residues of benthiavalicarbisopropyl, including all anticipated dietary and all other non-occupational exposures. 2. Infants and children. Benthiavalicarb-isopropyl did not display reproductive toxicity in rats and the data show that pups are not more sensitive to the effects of the compound than adults are. The compound was not a developmental toxicant in the tests conducted, with only delayed growth due to maternal toxicity observed. The rat and rabbit developmental studies indicate that the fetuses were not more sensitive than the adults to the effects of the test compound. Therefore, no additional safety factor is needed for children. Using the same worst case assumptions as for the general population, K-I Chemical concludes that the most sensitive population group for chronic assessment is children 1–6. The exposure to this group is 0.56% of the PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 F. International Tolerances [FR Doc. 05–4273 Filed 3–8–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [OPP–2005–0034; FRL–7698–5] Spiromesifen; Receipt of Application for Emergency Exemption, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: EPA has received a specific exemption request from the California Department of Pesticide Regulation to use the pesticide Spiromesifen (CAS No.283594–90–1) to treat up to 7,000 acres of pepper to control potato psyllid. 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. Comments, identified by docket identification (ID) number OPP–2005– 0034, must be received on or before March 24, 2005. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. DATES: 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) 308–9364; fax number: (703) 308– 5433; e-mail address: pemberton.libby@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\09MRN1.SGM 09MRN1 11652 Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices 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 111) • Animal production (NAICS 112) • Food manufacturing (NAICS 311) • Pesticide manufacturing (NAICS 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. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in petition EPA for emergency exemption under section 18 of FIFRA. 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. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket ID number OPP–2005– 0034. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 305–5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr/. An electronic version of the public docket is available through EPA’s electronic public docket and comment VerDate jul<14>2003 18:06 Mar 08, 2005 Jkt 205001 system, EPA Dockets. You may use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA’s electronic public docket. EPA’s policy is that copyrighted material will not be placed in EPA’s electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA’s electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA’s electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA’s electronic public docket. For public commenters, it is important to note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA’s electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA’s electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA’s electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA’s electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA’s electronic public PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 docket along with a brief description written by the docket staff. C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA’s policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA’s electronic public docket to submit comments to EPA electronically is EPA’s preferred method for receiving comments. Go directly to EPA Dockets at https://www.epa.gov/edocket/, and follow the online instructions for submitting comments. Once in the system, select ‘‘search,’’ and then key in docket ID number OPP–2005–0034. The system is an ‘‘anonymous access’’ system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov, Attention: Docket ID number OPP– 2005–0034. In contrast to EPA’s E:\FR\FM\09MRN1.SGM 09MRN1 Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Notices electronic public docket, EPA’s e-mail system is not an ‘‘anonymous access’’ system. If you send an e-mail comment directly to the docket without going through EPA’s electronic public docket, EPA’s e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA’s e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.C.2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001, Attention: Docket ID number OPP–2005–0034. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID number OPP–2005–0034. Such deliveries are only accepted during the docket’s normal hours of operation as identified in Unit I.B.1. D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA’s electronic public docket or by e-mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, 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 CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any 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 and EPA’s electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be VerDate jul<14>2003 20:21 Mar 08, 2005 Jkt 205001 included in the public docket and EPA’s electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT. E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation. II. Background 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 California Department of Pesticide Regulation has requested the Administrator to issue a specific exemption for the use of spiromesifen on pepper to control potato psyllid. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the Applicant asserts that some growers have reported fields that were nearly unharvestable as a result of psyllid populations at levels such that the sticky exudates from the psyllid and subsequent sooty mold caused a high percentage of the fruit to be unmarketable. Although there is currently no pesticide registered for use on peppers for psyllid control, growers have used several pesticides to control other target pests in their fields, and none has had satisfactory activity against psyllid. Potential losses of over PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 11653 59 million could occur without the use of spiromesifen. The Applicant proposes to make no more than 3 applications of spiromesifen (butanoic acid, 3,3dimethyl-,2-oxo-3(2,4,6trimethylphenyl)-1-oxaspiro [4,4]non-3en-4-yl ester), marketed as Oberon 2 SC Insecticide/Miticide (24% a.i.), at a maximum rate of 0.13 lbs. a.i. per acre per crop season. A maximum of 2,790 pounds of active ingredient will be applied between February 15 and November 30, 2005. 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 California Department of Pesticide Regulation. List of Subjects Environmental protection, Pesticides and pests. Dated: February 17, 2005. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 05–4262 Filed 3–8–05; 8:45 am] BILLING CODE 6560–50–S FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) being Reviewed by the Federal Communications Commission, Comments Requested March 1, 2005. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Pub. L. No. 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning (a) E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11651-11653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4262]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0034; FRL-7698-5]


Spiromesifen; 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 
California Department of Pesticide Regulation to use the pesticide 
Spiromesifen (CAS No.283594-90-1) to treat up to 7,000 acres of pepper 
to control potato psyllid. 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, identified by docket identification (ID) number OPP-
2005-0034, must be received on or before March 24, 2005.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

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) 308-9364; fax number: (703) 308-5433; e-mail address: 
pemberton.libby@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 11652]]

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 111)
     Animal production (NAICS 112)
     Food manufacturing (NAICS 311)
     Pesticide manufacturing (NAICS 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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in petition EPA for 
emergency exemption under section 18 of FIFRA. 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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2005-0034. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket 
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The docket telephone number is (703) 305-
5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at https://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at https://www.epa.gov/
edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2005-0034. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov, 
Attention: Docket ID number OPP-2005-0034. In contrast to EPA's

[[Page 11653]]

electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID number OPP-2005-0034.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
number OPP-2005-0034. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
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 CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any 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 and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

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 California Department 
of Pesticide Regulation has requested the Administrator to issue a 
specific exemption for the use of spiromesifen on pepper to control 
potato psyllid. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    As part of this request, the Applicant asserts that some growers 
have reported fields that were nearly unharvestable as a result of 
psyllid populations at levels such that the sticky exudates from the 
psyllid and subsequent sooty mold caused a high percentage of the fruit 
to be unmarketable. Although there is currently no pesticide registered 
for use on peppers for psyllid control, growers have used several 
pesticides to control other target pests in their fields, and none has 
had satisfactory activity against psyllid. Potential losses of over 59 
million could occur without the use of spiromesifen.
    The Applicant proposes to make no more than 3 applications of 
spiromesifen (butanoic acid, 3,3-dimethyl-,2-oxo-3(2,4,6-
trimethylphenyl)-1-oxaspiro [4,4]non-3-en-4-yl ester), marketed as 
Oberon 2 SC Insecticide/Miticide (24% a.i.), at a maximum rate of 0.13 
lbs. a.i. per acre per crop season. A maximum of 2,790 pounds of active 
ingredient will be applied between February 15 and November 30, 2005.
    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 California Department of Pesticide 
Regulation.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 17, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-4262 Filed 3-8-05; 8:45 am]
BILLING CODE 6560-50-S
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