[
Federal
Register:
June
5,
2002
(
Volume
67,
Number
108)]
[
Notices]
[
Page
38664­
38666]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr05jn02­
43]

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP­
2002­
0089;
FRL­
7181­
5]

Avermectin;
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
EPA,
Department
of
Pesticide
Regulation,
to
use
the
pesticide
avermectin
(
CAS
No.
717517­
41­
2)
to
treat
up
to
3,000
acres
of
basil
to
control
leafminer.
The
Applicant
proposes
a
use
which
has
been
requested
in
3
or
more
previous
years,
and
a
petition
for
tolerance
has
not
yet
been
submitted
to
the
Agency.

DATES:
Comments,
identified
by
docket
ID
number
OPP­
2002­
0089,
must
be
received
on
or
before
June
20,
2002.

ADDRESSES:
Comments
may
be
submitted
by
mail,
electronically,
or
in
person.
Please
follow
the
detailed
instructions
for
each
method
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
ID
number
2002­
0089
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
Barbara
Madden,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
703)
305­
6463;
fax
number:
(
703)
308­
5433;
e­
mail
address:
sec­
18­
mailbox@
epamail.
epa.
gov.

SUPPLEMENTARY
INFORMATION:

General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
petition
EPA
for
emergency
exemption
under
section
18
of
FIFRA.
Potentially
affected
categories
and
entities
may
include,
but
are
not
limited
to:

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Examples
of
Categories
NAICS
Codes
Potentially
Affected
Entities
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
State
government
9241
State
agencies
that
petition
EPA
for
section
18
pesticide
exemption
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
regulated
by
this
action.
Other
types
of
entities
not
listed
in
the
table
in
this
unit
could
also
be
regulated.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
or
not
this
action
applies
to
certain
entities.
To
determine
whether
you
or
your
business
is
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions.
Since
other
entities
also
may
be
interested,
the
Agency
has
not
attempted
to
describe
all
the
specific
entities
that
may
be
affected
by
this
action.
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
Additional
Information,
Including
Copies
of
this
Document
and
Other
Related
Documents?

1.
Electronically.
You
may
obtain
electronic
copies
of
this
document,
and
certain
other
related
documents
that
might
be
available
electronically,
from
the
EPA
Internet
Home
Page
at
http://
www.
epa.
gov/.
To
access
this
document,
on
the
Home
Page
select
  
Laws
and
Regulations,''
  
Regulations
and
Proposed
Rules,''
and
then
look
up
the
entry
for
this
document
under
the
  
Federal
Register­­
Environmental
Documents.''
You
can
also
go
directly
to
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
2.
In
person.
The
Agency
has
established
an
official
record
for
this
action
under
docket
ID
number
OPP­
2002­
0089.
The
official
record
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
[[
Page
38665]]

received
during
an
applicable
comment
period,
and
other
information
related
to
this
action,
including
any
information
claimed
as
Confidential
Business
Information
(
CBI).
This
official
record
includes
the
documents
that
are
physically
located
in
the
docket,
as
well
as
the
documents
that
are
referenced
in
those
documents.
The
public
version
of
the
official
record
does
not
include
any
information
claimed
as
CBI.
The
public
version
of
the
official
record,
which
includes
printed,
paper
versions
of
any
electronic
comments
submitted
during
an
applicable
comment
period,
is
available
for
inspection
in
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA,
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(
703)
305­
5805.

C.
How
and
to
Whom
Do
I
Submit
Comments?

You
may
submit
comments
through
the
mail,
in
person,
or
electronically.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPP­
2002­
0089
in
the
subject
line
on
the
first
page
of
your
response.
1.
By
mail.
Submit
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
2.
In
person
or
by
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
The
PIRIB
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(
703)
305­
5805.
3.
Electronically.
You
may
submit
your
comments
electronically
by
e­
mail
to:
opp­
docket@
epa.
gov,
or
you
can
submit
a
computer
disk
as
described
above.
Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
Electronic
submissions
will
be
accepted
in
WordPerfect
6.1/
8.0
or
ASCII
file
format.
All
comments
in
electronic
form
must
be
identified
by
docket
ID
number
OPP­
2002­
0089.
Electronic
comments
may
also
be
filed
online
at
many
Federal
Depository
Libraries.
D.
How
Should
I
Handle
CBI
that
I
Want
to
Submit
to
the
Agency?

Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
You
may
claim
information
that
you
submit
to
EPA
in
response
to
this
document
as
CBI
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.
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
version
of
the
official
record.
Information
not
marked
confidential
will
be
included
in
the
public
version
of
the
official
record
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
A.
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.
California
EPA,
Department
of
Pesticide
Regulation
has
requested
the
Administrator
to
issue
a
specific
exemption
for
the
use
of
avermectin
on
basil
to
control
leafminer.
Information
in
accordance
with
40
CFR
part
166
was
submitted
as
part
of
this
request.
As
part
of
this
request,
the
Applicant
asserts
that
during
the
months
of
July
through
September
of
1997,
a
severe
leafminer
infestation
impacted
the
major
basil
growing
areas
of
California.
It
is
anticipated
this
year
that
if
environmental
conditions
do
not
change,
the
basil
growers
will
experience
the
same
if
not
worse
leafminer
pest
problem.
Basil
is
grown
next
to
various
vegetable
crops
that
serve
as
host
plants
for
leafminers.
During
the
harvesting
of
these
various
vegetable
crops,
leafminers
will
migrate
to
the
adjacent
basil
crop
that
also
serves
as
an
ideal
host
crop.
Basil
growers
do
not
have
an
effective
registered
pesticide
to
control
leafminers.
Without
avermectin
net
revenues
are
estimated
at
a
loss
of
$
195
per
acre.
With
the
use
of
avermectin
net
revenues
are
estimated
to
be
$
18
per
acre.
The
Applicant
proposes
to
make
no
more
than
two
applications
per
single
cutting
and
no
more
than
3
to
6
applications
can
be
made
per
cropping
season.
Between
0.01
lbs
to
0.02
lbs
active
ingredient
may
be
applied
per
acre.
A
maximum
of
0.06
lbs
active
ingredient
can
be
applied
per
acre
per
year.
Avermectin,
formulated
as
a
2.0%
emulsifiable
concentrate
will
be
applied
to
no
more
than
3,000
acres
of
basil
from
July
1,
2002,
until
October
30,
2002,
in
California.
If
the
maximum
number
of
acres
(
3,000)
were
treated
at
the
maximum
application
rate
(
0.06
lbs)
than,
a
total
of
180
lbs
of
avermectin
could
be
applied.
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
a
use
which
has
been
requested
in
3
or
more
previous
years,
and
a
petition
for
tolerance
has
not
yet
been
submitted
to
the
Agency.
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
EPA,
Department
of
Pesticide
Regulation.

List
of
Subjects
Environmental
protection,
Pesticides
and
pests.

[[
Page
38666]]

Dated:
May
22,
2002
Debra
Edwards,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
02­
13524
Filed
6­
4­
02;
8:
45
am]
BILLING
CODE
6560­
50­
S
