Kasugamycin; Receipt of Application for Emergency Exemption and Solicitation of Public Comment, 61119-61120 [E8-24019]

Download as PDF Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices EPA authorized the use of formetanate hydrochloride on dry bulb onions to control thrips; April 17, 2008 to September 15, 2008. Contact: Andrew Ertman. South Dakota Department of Agriculture Crisis: On April 10, 2008, for the use of anthraquinone on corn, field and sweet seed to repel ring-necked pheasant. This program ended on July 1, 2008. Contact: Marcel Howard. Tennessee Department of Agriculture Crisis: On March 1, 2008, for the use of anthraquinone on corn, field and sweet seed to repel blackbird species and grackle. This program ended on July 30, 2008. Contact: Marcel Howard. Texas Department of Agriculture Crisis: On June 5, 2008, for the use of imazethapyr on clearfield rice to control red rice. This program ended on July 20, 2008. Contact: Andrew Ertman. On June 16, 2008, for the use of dinotefuran on rice to control rice stink bug. This program is expected to end on October 30, 2008. Contact: Libby Pemberton. On June 27, 2008, for the use of fipronil up to ten feet out and three feet up on outdoor structures to control Caribbean crazy ant. This program is expected to end on September 1, 2011. Contact: Andrea Conrath. Specific exemption: EPA authorized the use of hexythiazox on field corn to control the bank grass mite and twospotted spider mite; May 15, 2008 to August 31, 2008. Contact: Andrew Ertman. jlentini on PROD1PC65 with NOTICES Washington Department of Agriculture Specific exemption: EPA authorized the use of formetanate hydrochloride on dry bulb onions to control thrips; April 17, 2008 to August 30, 2008. Contact: Andrew Ertman. EPA authorized the use of linuron on lentils to control dog fennel and prickly lettuce; April 17, 2008 to June 10, 2008. Contact: Andrea Conrath. Wisconsin Department of Agriculture, Trade, and Consumer Protection Specific exemption: EPA authorized the use of formetanate hydrochloride on dry bulb onions to control thrips; April 17, 2008 to September 15, 2008. Contact: Andrew Ertman. EPA authorized the use of chlorothalonil on ginseng to control VerDate Aug<31>2005 18:32 Oct 14, 2008 Jkt 217001 botrytis and alternaria blight; April 22, 2008 to October 31, 2008. Contact: Stacey Groce. EPA authorized the use of mancozeb on ginseng to control alternaria blight; April 22, 2008 to October 31, 2008. Contact: Stacey Groce. EPA authorized the use of zoxamide on ginseng to control phytophthora blight; April 22, 2008 to October 31, 2008. Contact: Stacey Groce. IV. Federal Departments and Agencies Agriculture Department Animal and Plant Health Inspector Service Crisis: On March 3, 2008, for the use of methyl bromide on various imported raw agricultural commodities to control exotic plant pests. This program is expected to end on March 3, 2009. Contact: Libby Pemberton. Quarantine: EPA authorized the use of E-11-tetradecen-1-yl acetate and E,E9,11-tetradecadien-1-yl acetate on all raw agricultural commodities, and residential areas to control the light brown apple moth; April 15, 2008, to April 15, 2011. Contact: Andrew Ertman. List of Subjects Environmental protection, Pesticides and pests. Dated: September 30, 2008. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. E8–24270 Filed 10–14–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0695; FRL–8384–8] Kasugamycin; Receipt of Application for Emergency Exemption and Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: EPA has received a specific exemption request from the Michigan Department of Agriculture to use the pesticide kasugamycin (CAS No. 6980– 18–3) to treat up to 10,000 acres of apples to control fire blight. 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 October 30, 2008. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 61119 Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2008–0695, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2008– 0695. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other ADDRESSES: E:\FR\FM\15OCN1.SGM 15OCN1 61120 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at http:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–9367; fax number: (703) 605– 0781; e-mail address: ertman.andrew@epa.gov. SUPPLEMENTARY INFORMATION: 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 CONTACT. jlentini on PROD1PC65 with NOTICES 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 e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI VerDate Aug<31>2005 18:32 Oct 14, 2008 Jkt 217001 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 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. 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 pesticides discussed in this document, compared to the general population. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 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 Michigan Department of Agriculture has requested the Administrator to issue a specific exemption for the use of kasugamycin on apples to control fire blight. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the applicant asserts that kasugamycin is needed to control streptomycin-resistant strains of Erwinia amylovora, the causal pathogen of fire blight due to lack of available alternatives and effective alternative control practices. Without the use of kasugamycin, the applicant states that up to 50% of the yield of susceptible apple varieties could be lost in 2008. The Applicant proposes to make no more than 4 applications of Kasumin 2L on 10,000 acres of apples between April 20 and May 31, 2009 in Berrien, Cass, Ionia, Kent, Montcalm, Newaygo, Oceana, Ottawa, and Van Buren counties in Michigan. As currently proposed, the maximum amount of product to be applied would be 20,000 gallons. 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 Michigan Department of Agriculture. List of Subjects Environmental protection, Pesticides and pests. Dated: September 29, 2008. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. E8–24019 Filed 10–14–08; 8:45 am] BILLING CODE 6560–50–S E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61119-61120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24019]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0695; FRL-8384-8]


Kasugamycin; Receipt of Application for Emergency Exemption and 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a specific exemption request from the 
Michigan Department of Agriculture to use the pesticide kasugamycin 
(CAS No. 6980-18-3) to treat up to 10,000 acres of apples to control 
fire blight. 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 October 30, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2008-0695, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0695. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other

[[Page 61120]]

information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9367; fax number: (703) 605-0781; e-mail address: 
ertman.andrew@epa.gov.

SUPPLEMENTARY INFORMATION:

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 
CONTACT.

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 e-mail. 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 
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.
    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 pesticides 
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. The Michigan Department 
of Agriculture has requested the Administrator to issue a specific 
exemption for the use of kasugamycin on apples to control fire blight. 
Information in accordance with 40 CFR part 166 was submitted as part of 
this request.
    As part of this request, the applicant asserts that kasugamycin is 
needed to control streptomycin-resistant strains of Erwinia amylovora, 
the causal pathogen of fire blight due to lack of available 
alternatives and effective alternative control practices. Without the 
use of kasugamycin, the applicant states that up to 50% of the yield of 
susceptible apple varieties could be lost in 2008.
    The Applicant proposes to make no more than 4 applications of 
Kasumin 2L on 10,000 acres of apples between April 20 and May 31, 2009 
in Berrien, Cass, Ionia, Kent, Montcalm, Newaygo, Oceana, Ottawa, and 
Van Buren counties in Michigan. As currently proposed, the maximum 
amount of product to be applied would be 20,000 gallons.
    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 Michigan Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 29, 2008.
Donald R. Stubbs,
 Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-24019 Filed 10-14-08; 8:45 am]
BILLING CODE 6560-50-S