[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Rules and Regulations]
[Pages 36666-36669]
[FR Doc No: 2021-14708]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0228; FRL-8663-01-OCSPP]

Fluxapyroxad; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
fluxapyroxad in or on the cottonseed subgroup 20C, the fruiting
vegetable group 8-10, the pome fruit group 11-10, and pomegranate.
Interregional Research Project Number 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 13, 2021. Objections and
requests for hearings must be received on or before September 13, 2021
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0228, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions

provided in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2020-0228 in the subject line on
the first page of your submission. All objections and requests for a
hearing must be in writing and must be received by the Hearing Clerk on
or before September 13, 2021. Addresses for mail and hand delivery of
objections and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2020-0228, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of September 30, 2020 (85 FR 61681) (FRL-
10014-74), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
0E8825) by IR-4, IR-4 Project Headquarters Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540. The petition requested that EPA establish tolerances in 40
CFR part 180 for residues of fluxapyroxad, (BAS 700 F); 3-
(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-yl)-
1H-pyrazole-4-carboxamide, its metabolites, and degradates in or on the
raw agricultural commodities: Pomegranate at 0.2 ppm; vegetable,
fruiting, group 8-10 at 0.7 ppm; fruit, pome, group 11-10 at 0.8 ppm;
and cottonseed subgroup 20C at 0.3 ppm. The petition also requested to
remove the established tolerances for fluxapyroxad in or on fruit,
pome, group 11; vegetables, fruiting, group 8; and cotton, undelinted
seed. That document referenced a summary of the petition prepared by
BASF, the registrant, which is available in the docket, http://www.regulations.gov. No comments were received in response to the
notice of filing.
    Based upon review of the data supporting the petition, EPA is
establishing one tolerance at a different level than requested. The
reason for this change is explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for fluxapyroxad including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with fluxapyroxad follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemakings of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings and republishing the same sections is
unnecessary; EPA considers referral back to those sections as
sufficient to provide an explanation of the information EPA considered
in making its safety determination for the new rulemaking.
    EPA has previously published a number of tolerance rulemakings for
fluxapyroxad, in which EPA concluded, based on the available
information, that there is a reasonable certainty that no harm would
result from aggregate exposure to fluxapyroxad and established
tolerances for residues of that chemical. EPA is incorporating
previously published sections from those rulemakings as described
further in this rulemaking, as they remain unchanged.
    Toxicological Profile. For a discussion of the Toxicological
Profile of fluxapyroxad, see Unit III.A. of the May 5, 2016 rulemaking
(81 FR 27019) (FRL-9945-48).
    Toxicological Points of Departure/Levels of Concern. For a summary
of the Toxicological Points of Departure/Levels of Concern used for the
safety assessment, see Unit III.B. of the May 5, 2016 rulemaking.
    Exposure Assessment. Much of the exposure assessment remains the
same, although updates have occurred to accommodate exposures from the
petitioned-for tolerances. The updates are discussed in this section;
the remaining discussion of EPA's assumptions for exposure remain
unchanged since the 2016 rulemaking. For a description of the rest of
the EPA approach to and assumptions for the exposure assessment, see
Unit III.C. of the May 5, 2016 rulemaking.
    EPA's dietary exposure assessments have been updated to include the
additional exposure from the new use of fluxapyroxad on pomegranate,
and the crop group expansions to the cottonseed subgroup 20C, the
fruiting vegetable group 8-10, and the pome fruit group 11-10. A
partially refined acute dietary exposure analysis was performed for the
general population and all population subgroups. Tolerance-level
residues adjusted to account for the metabolite of concern (M700F008)
and 100 percent crop treated (PCT) assumptions were used for all plant
commodities. For livestock commodities, anticipated residues accounting
for parent and the metabolites of concern (M700F008 and/or M700F010)
were used. A moderately refined chronic dietary exposure analysis was
performed for the general U.S. population and various population
subgroups. Average field trial residues for parent plus maximum
metabolite

residue were used for all plant commodities. For livestock commodities
anticipated residues accounting for parent and the metabolites of
concern (M700F008 and/or M700F010) were used. An assumption of 100 PCT
was also used for the chronic dietary analysis.
    Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data
and information on the anticipated residue levels of pesticide residues
in food and the actual levels of pesticide residues that have been
measured in food. If EPA relies on such information, EPA must require
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after
the tolerance is established, modified, or left in effect,
demonstrating that the levels in food are not above the levels
anticipated. For the present action, EPA will issue such data call-ins
as are required by FFDCA section 408(b)(2)(E) and authorized under
FFDCA section 408(f)(1). Data will be required to be submitted no later
than 5 years from the date of issuance of these tolerances.
    Drinking water exposures are not impacted by the new uses, and thus
have not changed since the last assessment in the May 5, 2016
rulemaking.
    Safety Factor for Infants and Children. EPA continues to conclude
that there is reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor. See Unit III.D. of the May
5, 2016 rulemaking for a discussion of the Agency's rationale for that
determination.
    Aggregate Risks and Determination of Safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
aggregate exposure estimates to the acute population adjusted dose
(aPAD) and chronic PAD (cPAD). Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate points of departure (PODs)
to ensure that an adequate margin of exposure (MOE) exists. For linear
cancer risks, EPA calculates the lifetime probability of acquiring
cancer given the estimated aggregate exposure.
    Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD: They are 14% of the aPAD for children 1 to 2 years old,
the population subgroup with the highest exposure estimate. Chronic
dietary risks are below the Agency's level of concern of 100% of the
cPAD: They are 75% of the cPAD for all infants less than 1 year old,
the population subgroup with the highest exposure estimate. The short-
term MOE is greater than the Agency's level of concern of 100: It is
1100 for adults and 400 for children. Intermediate-term or long-term
residential exposures are not expected.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to fluxapyroxad residues. More detailed information
about the Agency's analysis can be found at http://www.regulations.gov
in the document titled ``Fluxapyroxad. Human Health Risk Assessment for
a Proposed Use of Fluxapyroxad on Pomegranate, Crop Group Expansion for
Cottonseed Subgroup 20C and Crop Group Conversions for Vegetable,
Fruiting, Group 8-10 and Fruit, Pome, and Group 11-10'' in docket ID
number EPA-HQ-OPP-2020-0228.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An adequate residue analytical method is available for the purpose
of tolerance enforcement. Liquid chromatography-mass spectrometry LC/
MS/MS BASF Method L0137/01, previously deemed acceptable as an
enforcement method for plant matrices, is applicable for the analysis
of fluxapyroxad residues.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
    Codex does not have an MRL for fluxapyroxad in/on pomegranate. For
the cottonseed crop subgroup 20C, the 0.5 ppm tolerance is harmonized
with the Codex MRL. The Agency is not harmonizing with the Codex pome
fruit (group 11-10) MRL of 0.9 ppm because the petitioner requested
that the tolerance remain at 0.8 ppm in order to harmonize with Canada
and other key exporting countries. EPA also concludes that
harmonization with the Codex fruiting vegetable (group 8-10) MRL of 0.6
ppm is not appropriate as it could result in violative residues despite
application consistent with approved label rates. The Codex fruiting
vegetable MRL is based on a 7-day pre-harvest interval (PHI), not a 0-
day PHI as currently registered in the United States.

C. Revisions to Petitioned-For Tolerances

    The tolerance for the cottonseed subgroup 20C is being established
at 0.5 ppm rather than 0.3 ppm as requested in order to harmonize with
Codex.

V. Conclusion

    Therefore, tolerances are established for residues of fluxapyroxad
in or on the Cottonseed subgroup 20C at 0.5 ppm; Fruit, pome, group 11-
10 at 0.8 ppm; Pomegranate at 0.2 ppm; and Vegetable, fruiting, group
8-10 at 0.7 ppm. Additionally, the existing tolerances for Cotton,
undelinted seed; Fruit, pome, group 11; and Vegetables, fruiting, group
8 are removed since they are superseded by the new tolerances
established in today's action.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances and
modifications in this final rule, do not require the issuance of a
proposed rule, the requirements of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress

in the preemption provisions of FFDCA section 408(n)(4). As such, the
Agency has determined that this action will not have a substantial
direct effect on States or Tribal Governments, on the relationship
between the National Government and the States or Tribal Governments,
or on the distribution of power and responsibilities among the various
levels of government or between the Federal Government and Indian
Tribes. Thus, the Agency has determined that Executive Order 13132,
entitled ``Federalism'' (64 FR 43255, August 10, 1999) and Executive
Order 13175, entitled ``Consultation and Coordination with Indian
Tribal Governments'' (65 FR 67249, November 9, 2000) do not apply to
this action. In addition, this action does not impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: July 6, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.666, paragraph (a):
0
i. Add a heading to the table;
0
ii. Remove the entry for ``Cotton, undelinted seed'';
0
iii. Add an entry for ``Cottonseed, subgroup 20C'' in alphabetical
order;
0
iv. Remove the entry for ``Fruit, pome, group 11'';
0
v. Add entries for ``Fruit, pome, group 11-10'' and ``Pomegranate'' in
alphabetical order;
0
vi. Remove the entry for ``Vegetables, fruiting group 8''; and
0
vii. Add an entry for ``Vegetable, fruiting, group 8-10'' in
alphabetical order.
    The additions read as follows:

Sec.  180.666  Fluxapyroxad; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Cottonseed, subgroup 20C....................................         0.5

                                * * * * *
Fruit, pome, group 11-10....................................         0.8

                                * * * * *
Pomegranate.................................................         0.2

                                * * * * *
Vegetable, fruiting, group 8-10.............................         0.7

                                * * * * *
------------------------------------------------------------------------

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[FR Doc. 2021-14708 Filed 7-12-21; 8:45 am]
BILLING CODE 6560-50-P


For EPA Use Only ID # ______________ SECTOR _________________________

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 Under the Clean Air Act and the international treaty to protect the ozone layer ( the Montreal Protocol on Substances that Deplete the Ozone Layer), the production and import of methyl bromide will be phased out in the United States on January 1, 2005. This application seeks information to support a U. S. request to produce and import methyl bromide for certain critical uses and circumstances beyond this 2005 phaseout date.

The information in this application will be used to review whether your use of methyl bromide is " critical" because no technically and economically feasible alternatives are available. In order to estimate the loss as a result of not having methyl bromide available, EPA needs to compare data ( yields, crops/ crop groupings, prices, revenues and costs) for your use of methyl bromide with uses of alternative pest control regimens.

If you submit a well documented application with sound reasons why alternatives are not technically and economically feasible, the U. S. government can be a better advocate for your exemption request internationally.

EPA Form # 7620 18a Pre Plant Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 324 hours per response and assumes a large portion of applications will be submitted by consortia on behalf of many individual users of methyl bromide. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current OMB control number. The information contained in this application is critical to process and assess the need for methyl bromide. Filling out this application in its entirety will bolster the U. S. government's ability to strengthen the nomination package for the international review boards. OMB Control # 2060 0482 WHY IS THIS INFORMATION NEEDED? 2003 Application for Critical Use Exemption of Methyl Bromide for Pre Plant Use in 2005 and beyond in the United States Click on the Instructions tab located at the bottom of the screen for additional information. WHO APPLIES?

STATE CONTACTS HOW DO I APPLY?

IS MY INFORMATION CONFIDENTIAL?

WHEN IS THE INFORMATION NEEDED?

Mailing Address for applications being submitted by mail directly to the EPA: Address for applications being sent by courier or non U. S. Postal overnight express delivery to the EPA:

US Environmental Protection Agency US Environmental Protection Agency Methyl Bromide Critical Use Exemption Methyl Bromide Critical Use Exemption Office of Pesticide Programs Office of Pesticide Programs Mail Code 7503C 911 Bay, BEAD 1200 Pennsylvania Ave, NW 1921 Jefferson Davis Highway Washington, DC 20460 Arlington, VA 22202 Telephone: ( 703) 308 8200 INSTRUCTIONS The information provided by you in this application will be used to evaluate the requested methyl bromide use. The U. S. and other countries that are parties to the Montreal Protocol On Substances That Deplete The Ozone Layer decided that: " a use of methyl bromide should qualify as " critical" only if the nominating Party determines that: ( i) The specific use is critical because the lack of availability of methyl bromide for that use would result in a significant market disruption; and ( ii) There are no technically and economically feasible alternatives available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination  "

WHERE DO I SUBMIT THE APPLICATION?

HOW CAN I RECEIVE ADDITIONAL INFORMATION? Electronic Address for applications: methyl. bromide@ epa. gov ( When submitting an application electronically, you should also print a hard copy, sign it, and submit it by mail)

If you have general questions about this application call:

Stratospheric Ozone Hotline 1 800 296 1996 If you anticipate that you will need methyl bromide in 2005 because you believe there are no technically and economically feasible alternatives, then you should apply for the critical use exemption. This application may be submitted either by a consortium representing multiple users or by individual users. We encourage users with similar circumstances of use to submit a single application ( for example, any number of pre plant users with similar soil, pest, and climactic conditions can submit a single application.)

If a consortium is applying for multiple methyl bromide users, the economic data should be for a representative or typical user within the consortium unless otherwise noted. If economic or technical factors ( such as size of the farm) affecting the ability of this " representative user" to use alternatives are significantly different than other users in the consortium, more than one application should be submitted to reflect these differences.

Please contact your local, state, regional or national commodity association and/ or state representative agency to find out if they plan on submitting an application on behalf of your commodity group.

States that have agreed to participate in the exemption process are listed on EPA's website at www. epa. gov/ ozone/ mbr/ cueqa. html You may either complete an electronic ( Microsoft Excel) or a printed version of the application. Please fill out each form or worksheet in the application as completely as possible. If you are completing the printed version and need extra space you may attach additional sheets as needed. Additional information may be available from your local state department of agriculture or at the sites listed below or by calling 1 800 296 1996. The applicant may assert a business confidentiality claim covering part or all of the information in the application by placing on ( or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. Allegedly confidential portions of otherwise non confidential documents should be clearly identified by the applicant, and may be submitted separately to facilitate identification and handling by EPA. If the applicant desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. Information covered by a claim of confidentiality will be disclosed by EPA only to the extent, and by means of the procedures set forth under 40 CFR Part 2 Subpart B; 41 FR 36902, 43 FR 400000. 50 FR 51661. If no claim of confidentiality accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to the applicant. Applicants submitting their application via e mail assume responsibility for the confidentiality of the electronic message transmission.

This application must be postmarked to the EPA address below no later than 120 days after the Notice was published in the Federal Register requesting critical use exemption applications. OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant SECTIONS OF WORKBOOK INSTRUCTIONS Each worksheet number corresponds to the tab number in the electronic version of the application. Instructions specific to each worksheet are provided at the top of each sheet. A header row is included on each worksheet to include an application ID number that EPA will assign.

EXCEL USER TIPS Inserting a blank worksheet:

1. To add additional blank worksheets in the Excel file, go to the menu line at the top of the worksheet and select " Insert" then " worksheet" Worksheet 3. Alternatives Worksheet 2 A. Methyl Bromide  Pest and Crop Information Worksheet 2 B. Methyl Bromide  Historical Use for 1997  2002 Worksheet 2 C. Methyl Bromide  Crop/ Crop Grouping Yield & Gross Revenue for 2000  2002 Worksheet 2. Methyl Bromide 2. A tab with the name " Sheet 1" will appear at the bottom of the worksheet and will be highlighted in white. Take the cursor and double click the " new tab" 3. By double clicking in the tab you can now rename the worksheet to the appropriate number letter designation ( e. g., 3 A( 1), 3 A( 1)( a), etc.)

4. To move a newly inserted worksheet, simply drag the worksheet with your mouse to the desired location.

5. Once you add a new worksheet, Excel will automatically name each subsequently added worksheet as Sheet 2, Sheet 3, etc  Follow the instructions above to rename the new blank worksheets as appropriate.

Copying and pasting an entire worksheet's contents into a blank worksheet:

1. Select the worksheet to be copied by clicking on the worksheet tab at the bottom of the screen. The tab will turn white in color when it has been selected. Worksheet 1. Contact and Methyl Bromide Request Information Worksheet 2 D( 1& 2). Methyl Bromide  Baseline  Operating Costs for 2002 ( Annual or Perennial)

Worksheet 5. Application Summary Definitions Climate Zone Map Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Worksheet 3 B( 1& 2). Alternatives  Changes in Operating Costs ( Annual or Perennial) Worksheet 4. Future Research Plans Instructions 2. Select the top left corner of the worksheet ( this is the space to the left of column A and above row 1. You will know that the entire worksheet has been selected because the row and column marks as well as the worksheet itself Note: This is the only way you can copy a worksheet and not lose portions of the text instructions.

Viewing worksheets Worksheets are best viewed in " Page Break Preview." To select the view of the worksheet, go to the menu bar and select " View" and then " Page Break Preview." Page break preview shows only the printable area of the worksheet, with the blue lines that surround the screen indicating the edges of each page. 3. Go to the menu line at the top of the worksheet and select " Edit" then " Copy".

4. Go to the blank worksheet where you want the copied information to be pasted. 5. Again, select the top left corner of the worksheet ( left of column A and above row 1) to select the entire worksheet. 6. Go to the menu line at the top of the worksheet and select " Edit" then " Paste" OMB Control # 2060 0482 Printing worksheets To increase or decrease the size of the page that is viewable on the screen, go to the menu bar and select " View" and then " Zoom".

Navigating between worksheets The set of four arrows on the bottom left of the screen will help you navigate between worksheets. This is necessary to access the remaining worksheet tabs in the workbook that are not viewable. The two arrows with vertical lines to either the left or right will take you to the first worksheet and to the last worksheet respectively in the workbook. The inner two arrows allow you move the worksheet tabs to the right or to the left incrementally. The two arrows on the bottom right of the screen allow you to move the worksheet that you are viewing to the right or to the left. This is useful if the viewable area of on the screen is smaller than the entire page that is in the 7. Change the title row of the newly pasted worksheet from the old worksheet number to be consistent with the worksheet tab. EPA Form # 7620 18a Pre Plant If you would like to print all worksheets that are contained in this workbook, go to the menu bar at the top of the screen and select " File" and then " Print." Then in the section of the menu that appears called " Print what," select " Entire Workbook." Yes No X X Cell Fax University of Georgia X Cell Fax Address Worksheet 1. Contact and Methyl Bromide Request Information The following information will be used to determine the amount of methyl bromide requested and the contact person for this request. It is important that we know whom to contact in case we need additional information during the review of the application.

Is this information Confidential Business Information?

P. O Box 2945 Agronomic LaGrange, GA 30241 Economic Agronomic Economic 229 392 5940 229 386 7374 Date Title Information in this application may be aggregated with information from other applications and used by the United States government to justify claims in the national nomination package that a particular use of methyl bromide be considered " critical" and authorized for an exemption beyond the 2005 phaseout. Use of aggregate data will be crucial to making compelling arguments in favor of critical use exemptions. By signing below, you agree now to assert any claim of confidentiality that would affect the disclosure by EPA of aggregate information based in part on information contained in this application. Print Name I certify that all information contained in this document is factual to the best of my knowledge.

Signature Title Signature Date Print Name If yes, the applicant assumes responsibility for the secure transmission of electronic submissions.

Applicant Name Primary Contact Contact Name ( Check One) Specialty Charles Hall Georgia Fruit and Vegetable Growers Association E mail Address Address Daytime Phone 229 386 3410 wtkelley@ uga. edu P. O. Box 1209 Tifton, GA 31793 Dr. William Terry Kelley 877 994 3842 cthjr_ asg@ charter. net 706 883 8215 Specialty Daytime Phone E mail Address Alternate Contact Contact Name OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 324 hours per response and assumes a large portion of applications will be submitted by consortia on behalf of many individual users of methyl bromide. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current OMB control number. 1. Location 2. Crop/ Crop Grouping 3.

8%

21%

16%

4. Climate Zone Zones: ( check all that apply)

5. Soil Type & Organic Matter Light X Medium X Heavy 0 to 2 % X 2 to 5 % over 5 %

6. Yes Pounds No X 7. Yes X CUE # 49 No 8.

Year 2005 Acres 2006 Acres 2007 Acres 9.

10.

11. Yes Lbs No X 12. Yes Lbs No X Please explain why methyl bromide is being requested. ( Insert number or percentage of users in each category) 0  25 acres lbs. 5,712 lbs. What is the amount of methyl bromide being requested by this application ? ( Do NOT include QPS amounts)

765,408 Has this applicant previously applied for Critical Use Exemption of methyl bromide? Range of acres farmed by growers included in this application Is this applicant eligible for Quarantine and Preshipment ( QPS) uses of methyl bromide? 100  200 acres 200  400 acres 25  50 acres 50  100 acres ( Enter the state, region, or county.)

Georgia ( Include all crops/ crop groupings that benefit from an application of methyl bromide in a fumigation cycle. For a definition of fumigation cycle see Worksheet entitled " Definitions".)

Bell Pepper Cucumber 5,712 ( Indicate the soil type and percent organic matter where methyl bromide would be applied.)

Soil Type:

Organic Matter:

If a consortium is submitting this application, the data should be the total for the consortium.

Do you anticipate that you will have any methyl bromide in storage after January 1, 2005? The current alternatives are not technically feasible to control the range of pests that must be managed.

alternative can be found before 2005 2007. to economically produce bell peppers and cucumbers in Georgia and there is no indicatioin that a suitable Do you have access to recycled methyl bromide?

If yes, please specify amount ( in pounds). If yes, please specify amount ( in pounds). 5,712 Worksheet 1. Contact and Methyl Bromide Request Information Total Pounds Active Ingredient ( a. i.) of Methyl Bromide 765,408 Total Area to be Treated 28%

10%

( check all that apply) ( Indicate the climate zone designation by reviewing the U. S. climate zone map located at the end of this workbook or online at http:// www. usna. usda. gov/ Hardzone/ ushzmap. html.)

1____ 2a____ 2b____ 3a____ 3b____ 4a____ 4b____ 5a____ 5b____ 6a____ 6b____ 7a__ X__ 7b__ X__ 8a__ X__ 8b__ X__ 9a____ 9b____ 10a____ 10b____ 11____ 17%

over 400 acres OMB Control # 2060 0482 lbs. 765,408 Please explain why there may be variations in the pounds or acres treated from year to year. EPA Form # 7620 18a Pre Plant Worksheet Title 2 A Methyl Bromide  Crop & Pest Information If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

The purpose of this worksheet is to determine pest infestation and crop information where methyl bromide is used. This forms the baseline for evaluating the impacts of using an alternative to replace methyl bromide.

2 B Methyl Bromide  Historical Use 1997  2002 If a consortium is submitting this application, all data should reflect the actual data for the consortium.

This worksheet provides data in actual usage for 1997 2002.

2 C Methyl Bromide  Crop/ Crop grouping Yield and Gross Revenue for 2000 2002 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

This worksheet provides crop/ crop grouping yield and gross revenue for 2000 through 2002.

The purpose of this worksheet is to determine past gross revenues when methyl bromide is used. This forms the baseline for evaluating the revenue impacts of using an alternative to replace methyl bromide.

2 D( 1 & 2) Methyl Bromide  Baseline  Operating Costs for 2002 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

This data is needed to estimate a baseline for operating costs in order to estimate changes in costs and the impact on operating profit and short run economic viability as a result of not using methyl bromide and to provide required information to the international review board.

The purpose of this worksheet is to determine operating expenses when methyl bromide is used. This forms the baseline for evaluating the cost impacts of using an alternative to replace methyl bromide. The data requested are designed to help you identify how your operation would change if methyl bromide were unavailable, which will be shown in Worksheet 3 B. Worksheet 2 D( 1) is for users with a fumigation cycle of less than 5 years. Worksheet 2 D( 2) is for users growing perennial crops following a single fumigation at establishment.

In collaboration with USDA, we will estimate fixed and overhead costs across crops and regions to ensure consistency within the U. S. nomination. OMB Control # 2060 0482 Purpose of Data: To establish a baseline estimate of crop/ crop grouping yields, gross revenues, and costs using methyl bromide.

Instructions specific to each worksheet are located at the top of each sheet. Worksheet 2. Methyl Bromide EPA Form # 7620 18a Pre Plant 1. Crop/ Crop Grouping or Consortium 2. Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec X 2. Fumigation and Crop Timeline Beginning Fumigation Cycle Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Land Preparation X Fumigation X Planting X X Harvest X X X X Fallow X X Other Key Crop Steps X Other Key Pest Steps X Continuation of Fumigation Cycle ( if needed)

Month 13 Month 14 Month 15 Month 16 Month 17 Month 18 Month 19 Month 20 Month 21 Month 22 Month 23 Month 24 Land Preparation Fumigation Planting Harvest X Fallow Other Key Crop Steps Other Key Pest Steps Which month does your fumigation cycle start? ( check only one)

Fumigation takes place in the spring or fall. A fall application cycle is shown in this application. Crops are fertilized through drip irrigation and fungicides and insecticides are applied as needed. Bell Pepper Cucumber ( Indicate when fumigation, major crop and pest management practices typically occur by shading the appropriate cells. Show a second crop if part of the fumigation cycle. If the fumigation cycle is longer than one year change the months to an appropriate interval. These tables are for annual crops but more than one crop may benefit from one methyl bromide fumigation. If application covers multiple crops/ crop groupings not grown sequentially, they will need to provide this information for all crops/ crop groupings. Please adjust timeline as necessary. Please provide additional comments or description below or on a separate page. Please begin the timeline with the first land preparation. For perennials, please begin with the year of land preparation and fumigation and indicate the years of production by yield or percentage of full production.)

Time Interval ( e. g. MONTH/ YEAR/ SEASON)

grower is thus able to get at least two crops from the field for each fumigation event. OMB Control # 2060 0482 Time Interval ( e. g. MONTH/ YEAR/ SEASON) Worksheet 2 A. Methyl Bromide  Crop & Pest Information Comments:

planted following bell pepper would be squash, cabbage, eggplant or another crop of bell pepper. The Bell pepper is conventionally followed by a cucurbit crop such as cucumbers. Other crops that might be 3. Target Pest( s) or Pest Problem( s):

Pest 1 Pest 2 Pest 3 Pest 4 Pest 5 4. Pest Economic Threshold Year Pest 1 2003 Pest 2 2003 Pest 3 2003 Pest 4 2003 Pest 5 2003 5. Target Pest Infestation Pest 1 % Pest 2 % Pest 3 % Pest 4 % Pest 5 %

6. Representative User : Southern Blight Sclerotium rolfsii Pratylenchus sp. Nematodes Treat if present. 1 Phytophthora capsici Source Dr. Stanley Culpepper 1 Squash 40 Dr. David B. Langston, Jr. Extension Plant Pathologist UGA basis since pest pressure will always be high. Dr. David B. Langston, Jr. Extension Plant Pathologist UGA Other descriptive factors regarding representative user:

The representative user will generally grow several different commodities and will rent or lease Acres Acres ( Please provide descriptive factors regarding your operation.)

Average Farm Size Average acres in this crop Average Area Treated with Methyl Bromide: Acres The grower may complete two, three or even four crops in one fumigation cycle. Bell Pepper Eggplant Meloidogyne incognita Cyperus rotundus ( Please identify the top target pests or pest problems. Provide at least common name and genus and species if possible. Additional pests or pest problems can be provided as an attachment.)

Common Name Genus Yellow and Purple Nutsedge Describe a few crops that could follow this crop: 500 200 300 Cucumbers approximately 50% of the land he/ she farms. The user will generally grow two or three crops on the same land each year to complete one fumigation cycle. The user will treat with methyl bromide on a regular Worksheet 2 A. Methyl Bromide  Crop & Pest Information Source Threshold Dr. Stanley Culpepper Extension Weed Scientist Univ. of GA Dr. David B. Langston, Jr.

Dr. David B. Langston, Jr.

Dr. David B. Langston, Jr.

Dr. David B. Langston, Jr.

Percentage of Total Growing Area 1 Treat if present.

Treat if present. P. ultimum, aphanadermatum Pythium root and collar rot Cyperus esculentus Crown and Root Rot P. irregulare, myriotylum Dr. David B. Langston, Jr. Extension Plant Pathologist UGA 100 70 100 70 Dr. David B. Langston, Jr. Extension Plant Pathologist UGA EPA Form # 7620 18a Pre Plant OMB Control # 2060 0482 Treat if present. 1 ( Please estimate the percentage of the consortia's total growing area with a moderate to severe problem with these pests. Describe source of information such as a survey or expert estimate.) Treat if present.

1 ( Please provide the economic threshold information for each pest. Describe year and source of information such as survey or expert estimate.)

Units ( e. g. pests/ sq ft) EPA Form # 7620 18a Pre Plant Column A:

Column B:

Column C:

A B C Total Actual Pounds a. i. of Methyl Bromide Applied per Year Total Actual Acres Treated per Year Average Pounds a. i. Applied per Acre per Year 1997 649,373 2,945 220.5 1998 690,165 3,130 220.5 1999 743,318 4,367 170.2 2000 767,085 5,591 134 2001 745,710 5,565 134 2002 765,408 5,712 134 Worksheet 2 B. Methyl Bromide  Historical Use for 1997 2002 Total Actual Pounds a. i. of Methyl Bromide Applied per Year Enter the total actual pounds active ingredient ( a. i.) of methyl bromide applied. Note: This number should be the total pounds a. i. applied by the individual user or the entire consortium, for the year indicated. Include only the pounds active ingredient of methyl bromide. Do not include the pounds of chloropicrin that may be part of the same product.

Total Actual Acres Treated per Year Enter the total actual acres treated. Note: This number should be the total actual acres treated by the individual user or total actual acres treated for the entire consortium, for the year indicated. For furrow treatment the acres should include the area between the rows as well as the area of the rows. i. e. acres treated is the area of the cultivated fields being treated including the area between rows even if they are not treated.

Average Pounds a. i. Applied per Area per Year The average application rates in pounds a. i. of methyl bromide per area may be calculated by dividing Column A by Column B.

Year If there is a variation ( greater than 10%) in the quantity a. i., the acres treated or average application rate from year to year, please explain the reasons for the variation. What is the frequency of methyl bromide applied per area? ( 1x / year, 2x / year, 1x / 3 years, etc.)

_____ 1____ times per __ year________ OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant use per acre have declined.

Comments: Pepper acreage has been increasing in Georgia since the late 1990' s. However, as growers have switched to 67% MBr and price has increased, the rates of methyl bromide Column A:

Column B:

Column C:

Column D:

Column E:

Column F:

Column G:

A B C D E F G Year Crops/ Crop Groupings Market Category Yield Unit of Measurement Price ($) Gross Revenue per Acre ($)

2000 Bell Pepper Fresh Market 1237 1 1/ 9 bu ( 28#) $ 8.52 $ 10,539.24 2001 Cucumbers Fresh Market 567 1 1/ 9 bu ( 55#) $ 7.02 $ 3,980.34 2001 Bell Pepper Fresh Market 1388 1 1/ 9 bu ( 28#) $ 6.85 $ 9,507.80 2002 Cucumbers Fresh Market 580 1 1/ 9 bu ( 55#) $ 6.35 $ 3,683.00 2002 Bell Pepper Fresh Market 1096 1 1/ 9 bu ( 28#) $ 8.39 $ 9,195.44 2003 Cucumbers Fresh Market 522 1 1/ 9 bu ( 55#) $ 10.42 $ 5,439.24 If this application is for multiple crops/ crop groupings ( e. g. nurseries producing evergreens, deciduous, and forbs) please indicate the proportion of land area allocated to each crop/ crop grouping. Worksheet 2 C. Methyl Bromide  Crop/ Species Yield & Gross Revenue for 2000 2002 Market Categories Be sure to enter the year. Use as many rows as needed for each year for all the crops/ crop groupings in the fumigation cycles from 2000 to 2002. If a fumigation cycle overlaps more than one calendar year, then the year of the fumigation cycle is the year methyl bromide was applied.

Enter all crops/ crop groupings that benefit from methyl bromide in the fumigation cycle. If multiple crops/ crop groupings are grown during the interval between fumigations ( e. g. tomatoes followed by peppers in a single growing season, or strawberries followed by lettuce over 2 or 3 years) include all of the crops/ crop groupings during the entire interval.

If someone other than the applicant benefits from the application of methyl bromide in the fumigation cycle and you do not have the quantitative data for the crops/ crop groupings grown on the same land, please indicate so in the comments section below. Year Crops/ Crop Groupings Comments:

Since the fumigation cycle starts in the fall, the second crop is always a spring crop in the following year. OMB Control # 2060 0482 Gross revenue per acre for each market category and or each crop/ crop grouping may be calculated using the data you entered as price times yield. If revenue is not equal to price times yield, you may enter a different revenue amount, but please explain the difference in the comments section below. Gross Revenue Price Enter the unit of measurement for each crop/ species ( lbs, cwt, carton, bin). If not by weight, specify in the comments section the average weight of the measure. Units of Measurement Enter average prices received by the users for that crop/ crop grouping and market category. Average price over all categories can be calculated separately, if needed. Enter marketing categories that determine prices received, for example, grade ( size, color), timeliness ( early season, late season), or end use ( fresh, processing). Itemize or aggregate these factors to the extent appropriate if lack of methyl bromide would effect the yields in each category.

Enter the yield per acre, or the proportion of total yields, obtained for that category. For perennial crops, please enter yields at full production. Be sure to indicate yields at other stages in the timeline in Worksheet 2 A. Yield EPA Form # 7620 18a Pre Plant Column A:

Column B:

Column C:

Column D:

Column E: Constant Cost per Acre For harvest operations, specify costs that depend on land area, for example, picking costs, per acre of land.

Cost per Unit of Yield For harvest operations, specify costs that depend on amount of product harvested, for example, packing material, per unit of produce. Units Harvest costs may likewise be calculated as costs per acre ( Column B) plus variable costs per unit of yield ( Column C) times yield ( Column D). Total Cost per Acre Unit Costs Total Cost per Acre Quantity Used per Acre Operation / Input for Perennial Crops For perennial crops ( Worksheet D( 2)), we have divided the lifespan into three basic periods: pre production ( including establishment), initial production, and full production. Please ensure that the timeline in Worksheet 2 A indicates the years of each period. Operating costs should be an average of costs incurred during each period. Please consider expected replanting rates and indicate which year dead or poorly performing young trees would be replaced. You may copy columns/ rows as needed if these periods need to be refined for your situation.

For inputs and operations detailed in Columns B and D, total costs can be calculated as Column B times Column D. Otherwise, enter total cost of the input or operation. As a check, you may add up Column E to obtain an estimate of total variable operating costs. These will not include fixed and overhead costs, nor a return to the owners' labor. It should, therefore, be less than gross revenues calculated in Worksheet 2 C. If it is not, please explain ( for example, unusually poor yields or unusually poor prices). For perennial crops, Column E should only be totaled for the years at full production. For all inputs and operations detailed in Column B, please specify the unit cost. Also, indicate all costs of applying methyl bromide, including any material costs, for example, tarps. If custom applied and separate costs are unavailable, write ' custom' and enter total cost in Column E. For all inputs and operations detailed in Column B, please specify the units of measurement.

Yield For harvest operations, indicate average yields or representative yields from Worksheet 2 C. OMB Control # 2060 0482 Worksheet 2 D( 1& 2). Methyl Bromide  Baseline  Operating Costs for 2002 Enter all operating costs incurred during a fumigation cycle. Users with a relatively short fumigation cycle ( less than five years) should use version D( 1); users cultivating perennial crops should use version D( 2). Users with multiple crops, either on the same area in a single fumigation cycle or on different areas treated separately, should copy this sheet and provide costs for each crop. If multiple crops are cultivated sequentially following a single fumigation, replace fumigation costs in Pre plant Operations with any additional pest control costs used prior to the following crops. If a fallow season is an important part of the fumigation cycle, include costs incurred ( for example, cultivating a cover crop) as a separate line or as a separate sheet, if costs are extensive. Please fill in the unshaded areas. The shaded areas can be used if the information is known.

The operations/ inputs listed here are not meant to be exhaustive or representative of your specific production system. They are meant to provide suggestions and to help you identify how your operation would change if methyl bromide were unavailable. Be as precise as necessary otherwise you may aggregate operations or inputs. For example, specify herbicide costs if additional treatments would become necessary with the use of a methyl bromide alternative, otherwise you may simply specify total pesticide costs. Please specify only variable operating costs.

This field is required only for methyl bromide. However, you may include specific amounts of other inputs or operations if you believe it helps to document the additional costs you would incur by using an alternative fumigant. Operation / Input EPA Form # 7620 18a Pre Plant B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

50.00 $

200 lbs/ acre 2.65 $ 530.00 $

250.00 $

50.00 $

415.58 $

900.00 $

322.50 $

285.00 $

49.18 $

237.00 $

250.00 $

230.00 $

27.05 $

187.00 $

340.50 $

4,123.81 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 0.85 $ 1,096.00 931.60 $

0.15 $ 1,096.00 164.40 $

0.85 $ 1,096.00 931.60 $

1.55 $ 1,096.00 1,698.80 $

781.61 $

4,508.01 $ Grading / Packing / Storage Other Costs Total Marketing Harvest Operations Labor Hauling Material Fungicide Nematicide Irrigation Labor ( manual)

Interest on Operating Capital ( 9%) Fuel / Machine Labor Other Costs ( Staking/ Tying) Cultural Operations Seed / Seedlings Fertilizer / Soil Amendments Pesticides Insecticide Herbicide application Irrigation Other costs Pre plant Operations Land preparation Fumigation product ( methyl bromide) Operation / Input OMB Control # 2060 0482 A Worksheet 2 D( 1). Methyl Bromide  Baseline  Operating Costs for 2002  Bell Pepper EPA Form # 7620 18a Pre Plant B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

9.75 $

25 gallons/ acre 3.75 $ 93.75 $

25.00 $

50.00 $

150.00 $

195.00 $

157.00 $

43.50 $

282.00 $

250.00 $

135.00 $

27.05 $

127.62 $

1,545.67 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 0.80 $ 522.00 417.60 $

0.20 $ 522.00 104.40 $

0.80 $ 522.00 417.60 $

1.25 $ 522.00 652.50 $

462.34 $

2,054.44 $ Other Costs Marketing ( 8.5%)

Total Labor Hauling Material Grading / Packing / Storage Total Harvest Operations Labor ( manual)

Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%) Herbicide Fungicide Nematicide Irrigation Seed / Seedlings Fertilizer / Soil Amendments Pesticides Insecticide Cultural Operations application Irrigation Other costs Pre plant Operations Land preparation Fumigation product ( vapam between crops) OMB Control # 2060 0482 Worksheet 2 D( 1). Methyl Bromide  Baseline  Operating Costs for 2002  Cucumber A Operation / Input EPA Form # 7620 18a Pre Plant Worksheet 3 A 3 B Alternatives  Changes in Operating Costs Worksheet 3. Alternatives  Feasibility of Alternative Pest Control Regimens Title You must complete one worksheet for each alternative. Please inset the name of the alternative in the area on top of the page. If you prefer, you may provide the information requested in this worksheet in a narrative review. However, you must fill in the information in Question # 1 and # 3 or we will assume no yield or quality loss. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Purpose of Data: To estimate the loss as a result of not having methyl bromide available. EPA needs to compare data ( yields, crop/ species prices, gross revenues and costs) on the use of methyl bromide and alternative pest control regimens.

Complete worksheet 3 A for each alternative pest control regimen listed in the " U. S. Matrix" for chemical controls ( www. epa. gov/ ozone/ mbr/ cueqa. html) and the " International Matrix" for nonchemical pest controls ( www. epa. gov/ ozone/ mbr/ cue). Each worksheet contains a place holder in the title for you to insert the name of the specific alternative pest control regimen addressed. You should add additional worksheets as required.

Enter all alternative pesticides and pest control methods ( and associated cost and yield data) that would replace one treatment of methyl bromide throughout the fumigation cycle. See the Definition worksheet for a comprehensive definition on fumigation cycles. OMB Control # 2060 0482 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

This data is needed to estimate changes in costs and the impact on operating profit and short run economic viability as a result of not using methyl bromide and to provide required information to the international review board.

The purpose of this worksheet is to determine operating expenses when alternatives are used for evaluating the cost impacts of using an alternative to replace methyl bromide. The data requested are designed to help you identify how your operation would change if methyl bromide were unavailable. Worksheet 3 B( 1) is for users with a fumigation cycle of less than 5 years. Worksheet 3 B( 2) is for users growing perennial crops following a single fumigation at establishment.

In collaboration with USDA, we will estimate fixed and overhead costs across crops and regions to ensure consistency within the U. S. nomination. Please fill out this worksheet for each alternative specified in the U. S. Matrix and for other alternatives for which the economic evaluation would bolster the case that methyl bromide is needed. EPA Form # 7620 18a Pre Plant 1.

2.

Study # 1 2 3 4 5 3.

Units Units bu bu bu bu 4.

X No 5.

6.

Off Site Damage ( outgassing) Other Restrictions ( Describe) Pest Resistant To Alternative Organic Matter Restriction  Township Caps Soil Restriction 8 Cannot be used over Karst topography/ geology Regulatory Restriction  Label Restriction 100 28 day waiting period from application to planting Restrictions on Alternative Use This information will be used to determine the amount of methyl bromide needed.

% of Area Details Are there any variety or cultivar issues associated with this alternative? Are there any production delays ( planting/ harvesting) associated with this alternative?

Yes ( If yes, please explain) Label requires 28 day waiting period before planting. Fresh Mkt Cuke 522 313 smaller fruit Fresh Mkt Pepper 1096 626 later harvest, smaller fruit Quality Loss * Describe quality impacts such as: percent smaller fruit, reduced grade, smaller plants, crop damage, disease vector, etc. Refer to market category question in Worksheet 2 C.

Market Category Yield with Methyl Bromide Yield With Alternative Quality Impact Description Attached? Details see 2005 application * If no yield or quality loss information is given we will assume no losses. Only provide pest control information if yield or quality loss information is not available.

Study Information For the information in # 1 above list: the study name, authors, publication, date, and if a copy is attached. Enter Average Loss 5 4 3 Feasibility covered in 2002 application. 2 1 Cyperus Sp. 0 Yield Loss & Pest Control When Comparing This Alternative to Methyl Bromide Provide numerical estimates where possible.

Study # ( list below) Pest Being Tested % Yield Loss * % Pest Control * Details OMB Control # 2060 0482 Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Alternative: 1, 3 dichloropropene 7.

8.

9.

Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 X X X X X X X X X X X X Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 X First crop is terminated and a burndown herbicide plus Metam Sodium through drip irrigation may be applied between crops. Reference for yield loss information: Weed Technology 16: 860 866. Data is for cantaloupe, but would likely be Other Key Crop Steps Other Key Pest Steps Comments: Fumigation Planting Harvest Fallow Continuation of Alternative Cycle ( if needed) Time Interval ( e. g. MONTH/ YEAR/ SEASON)

Land Preparation Fallow Other Key Crop Steps Other Key Pest Steps Land Preparation Fumigation Planting Harvest Beginning Fumigation Cycle Time Interval ( e. g. MONTH/ YEAR/ SEASON) Alternative Timeline ( Indicate when fumigation, major crop and pest management practices typically occur by shading the appropriate cells. Show a second crop if part of the fumigation cycle. If the fumigation cycle is longer than one year change the months to an appropriate interval. These tables are for annual crops but more than one crop may benefit from one methyl bromide fumigation. If application covers multiple crops/ crop groupings not grown sequentially, they will need to provide this information for all crops/ crop groupings. Please adjust timeline as necessary. Please provide additional comments or description below or on a separate page. Please begin the timeline with the first land preparation. For perennials, please begin with the year of land preparation and fumigation and indicate the years of production by yield or percentage of full production.) Non Chemical Pest Control ( please describe) NA 1 1, 3 dichloropropene Telone EC 1, 3 D + chloropicrin Telone C 35 88.9 140 lbs. 85 170 lbs. NA 1 NA 1 to 2 NA 1 to 2 1, 3 D + chloropicrin In Line 85.4 135 lbs. 1, 3 dichloropropene Telone II 88.6 118.0 lbs. Alternative: 1, 3 Dichloropropene Use Rate of Chemical Alternative Active Ingredient ( a. i.) Name of Product and Formulation Quantity a. i. per Acre Units ( gals, lbs. Etc.) # of Acres Treated # of Applications per Year EPA Form # 7620 18a Pre Plant OMB Control # 2060 0482 Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide EPA Form # 7620 18a Pre Plant even greater loss with squash. 1.

2.

Study # 1 2 3 4 5 3.

Units Units bu bu bu bu 4.

X No 5.

6.

Off Site Damage ( outgassing) Other Restrictions ( Describe) Pest Resistant To Alternative Organic Matter Restriction  Township Caps Soil Restriction Regulatory Restriction  Label Restriction 100 21 day waiting period between application and planting Restrictions on Alternative Use This information will be used to determine the amount of methyl bromide needed.

% of Area Details Are there any variety or cultivar issues associated with this alternative? Are there any production delays ( planting/ harvesting) associated with this alternative?

Yes ( If yes, please explain) Label requires 21 day waiting period before planting. Fresh Mkt Cuke 522 313 smaller fruit Fresh Mkt Pepper 1096 783 later harvest, smaller fruit Quality Loss * Describe quality impacts such as: percent smaller fruit, reduced grade, smaller plants, crop damage, disease vector, etc. Refer to market category question in Worksheet 2 C.

Market Category Yield with Methyl Bromide Yield With Alternative Quality Impact Description Attached? Details see 2005 application * If no yield or quality loss information is given we will assume no losses. Only provide pest control information if yield or quality loss information is not available.

Study Information For the information in # 1 above list: the study name, authors, publication, date, and if a copy is attached. Enter Average Loss 5 4 3 Feasibility covered in 2002 application. 2 1 Cyperus Sp. 0 Yield Loss & Pest Control When Comparing This Alternative to Methyl Bromide Provide numerical estimates where possible.

Study # ( list below) Pest Being Tested % Yield Loss * % Pest Control * Details OMB Control # 2060 0482 Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Alternative: Metam Sodium/ Potassium Sodium 7.

8.

9.

Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 X X X X X X X X X X X X Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 X First crop is terminated and a burndown herbicide plus Metam Sodium through drip irrigation may be applied between crops. Reference for yield loss information: Weed Technology 16: 860 866. Data is for cantaloupe, but would likely be Other Key Crop Steps Other Key Pest Steps Comments: Fumigation Planting Harvest Fallow Continuation of Alternative Cycle ( if needed) Time Interval ( e. g. MONTH/ YEAR/ SEASON)

Land Preparation Fallow Other Key Crop Steps Other Key Pest Steps Land Preparation Fumigation Planting Harvest Beginning Fumigation Cycle Time Interval ( e. g. MONTH/ YEAR/ SEASON) Alternative Timeline ( Indicate when fumigation, major crop and pest management practices typically occur by shading the appropriate cells. Show a second crop if part of the fumigation cycle. If the fumigation cycle is longer than one year change the months to an appropriate interval. These tables are for annual crops but more than one crop may benefit from one methyl bromide fumigation. If application covers multiple crops/ crop groupings not grown sequentially, they will need to provide this information for all crops/ crop groupings. Please adjust timeline as necessary. Please provide additional comments or description below or on a separate page. Please begin the timeline with the first land preparation. For perennials, please begin with the year of land preparation and fumigation and indicate the years of production by yield or percentage of full production.) Non Chemical Pest Control ( please describe) 1 to 2 1 to 2 Metam Potassium K Pam 174 348 lbs. Metam Sodium Vapam/ Sectagon 160 320 lbs. Alternative: Metam Sodium/ Metam Potassium Use Rate of Chemical Alternative Active Ingredient ( a. i.) Name of Product and Formulation Quantity a. i. per Acre Units ( gals, lbs. Etc.) # of Acres Treated # of Applications per Year EPA Form # 7620 18a Pre Plant OMB Control # 2060 0482 Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide EPA Form # 7620 18a Pre Plant even greater loss with cucumber. Column A:

Column B:

Column C:

Column D:

Column E:

Total Cost per Acre Harvest costs may likewise be calculated as costs per acre ( Column B) plus variable costs per unit of yield ( Column C) times yield ( Column D).

EPA Form # 7620 18a Pre Plant Yield For harvest operations, indicate average yields or representative yields from Worksheet 3 A.

Total Cost per Acre For inputs and operations detailed in Columns B and D, total costs can be calculated as Column B times Column D. Otherwise, enter total cost of the input or operation. As a check, you may add up Column E to obtain an estimate of total variable operating costs. These will not include fixed and overhead costs, nor a return to the owners' labor. It should, therefore, be less than gross revenues calculated in Worksheet 2 C. If it is not, please explain ( for example, unusually poor yields or unusually poor prices). For perennial crops, Column E should only be totaled for the years at full production. Cost per Unit of Yield For harvest operations, specify costs that depend on amount of product harvested, for example, packing material, per unit of produce.

Unit Costs For all inputs and operations detailed in Column B, please specify the unit cost. Also, indicate all costs of applying methyl bromide, including any material costs, for example, tarps. If custom applied and separate costs are unavailable, write ' custom' and enter total cost in Column E. Constant Cost per Acre For harvest operations, specify costs that depend on land area, for example, picking costs, per acre of land.

Units For all inputs and operations detailed in Column B, please specify the units of measurement. Operation / Input for Perennial Crops For perennial crops ( Worksheet B( 2)), we have divided the lifespan into three basic periods: pre production ( including establishment), initial production, and full production. Please ensure that the timeline in Worksheet 3 A indicates the years of each period. Operating costs should be an average of costs incurred during each period. Please consider expected replanting rates and indicate which year dead or poorly performing young trees would be replaced. You may copy columns/ rows as needed if these periods need to be refined for your situation.

Quantity Used per Acre This field is required only for methyl bromide. However, you may include specific amounts of other inputs or operations if you believe it helps to document the additional costs you would incur by using an alternative fumigant. Enter all operating costs incurred during a fumigation cycle. Users with a relatively short fumigation cycle ( less than five years) should use version B( 1); users cultivating perennial crops should use version B( 2). Users with multiple crops, either on the same area in a single fumigation cycle or on different areas treated separately, should copy this sheet and provide costs for each crop. If multiple crops are cultivated sequentially following a single fumigation, replace fumigation costs in pre plant Operations with any additional pest control costs used prior to the following crops. If a fallow season is an important part of the fumigation cycle, include costs incurred ( for example, cultivating a cover crop) as a separate line or as a separate sheet, if costs are extensive. Please fill in the unshaded areas. The shaded areas can be used if the information is known.

Operation / Input The operations/ inputs listed here are not meant to be exhaustive or representative of your specific production system. They are meant to provide suggestions and to help you identify how your operation would change if methyl bromide were unavailable. Be as precise as necessary otherwise you may aggregate operations or inputs. For example, specify herbicide costs if additional treatments would become necessary with the use of a methyl bromide alternative, otherwise you may simply specify total pesticide costs. Please specify only variable operating costs. OMB Control # 2060 0482 Worksheet 3 B( 1& 2). Alternatives  Changes in Operating Costs Alternative: 1, 3 dichloropropene B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

50.00 $

17.5 gallons 21.00 $ 367.50 $

250.00 $

50.00 $

415.58 $

900.00 $

322.50 $

285.00 $

118.73 $

312.00 $

126.00 $

250.00 $

310.00 $

27.05 $

187.00 $

357.42 $

4,328.78 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 0.80 $ 522.00 417.60 $

0.20 $ 522.00 104.40 $

0.80 $ 522.00 417.60 $

1.25 $ 522.00 652.50 $

462.34 $

2,054.44 $

EPA Form # 7620 18a Pre Plant Total Material Grading / Packing / Storage Other Costs Marketing Costs ( 8.5%) Harvest Operations Labor Hauling Other Costs Interest on Operating Capital ( 9%)

Total Nematicide Irrigation Labor ( manual)

Fuel / Machine Labor Pesticides Insecticide Herbicide Fungicide Cultural Operations Seed / Seedlings Fertilizer / Soil Amendments Other costs Fumigation product ( 1,3 D)

application Irrigation A Operation / Input Pre plant Operations Land preparation Worksheet 3 B( 1). Alternatives  Changes in Operating Costs Alternative: 1, 3 Dichloropropene Pepper OMB Control # 2060 0482 Column A:

Column B:

Column C:

Column D:

Column E:

Total Cost per Acre Yield For harvest operations, indicate average yields or representative yields from Worksheet 3 A.

Total Cost per Acre For inputs and operations detailed in Columns B and D, total costs can be calculated as Column B times Column D. Otherwise, enter total cost of the input or operation. As a check, you may add up Column E to obtain an estimate of total variable operating costs. These will not include fixed and overhead costs, nor a return to the owners' labor. It should, therefore, be less than gross revenues calculated in Worksheet 2 C. If it is not, please explain ( for example, unusually poor yields or unusually poor prices). For perennial crops, Column E should only be totaled for the years at full production. Cost per Unit of Yield For harvest operations, specify costs that depend on amount of product harvested, for example, packing material, per unit of produce.

Unit Costs For all inputs and operations detailed in Column B, please specify the unit cost. Also, indicate all costs of applying methyl bromide, including any material costs, for example, tarps. If custom applied and separate costs are unavailable, write ' custom' and enter total cost in Column E. Constant Cost per Acre For harvest operations, specify costs that depend on land area, for example, picking costs, per acre of land.

Units For all inputs and operations detailed in Column B, please specify the units of measurement. Operation / Input for Perennial Crops For perennial crops ( Worksheet B( 2)), we have divided the lifespan into three basic periods: pre production ( including establishment), initial production, and full production. Please ensure that the timeline in Worksheet 3 A indicates the years of each period. Operating costs should be an average of costs incurred during each period. Please consider expected replanting rates and indicate which year dead or poorly performing young trees would be replaced. You may copy columns/ rows as needed if these periods need to be refined for your situation.

Quantity Used per Acre This field is required only for methyl bromide. However, you may include specific amounts of other inputs or operations if you believe it helps to document the additional costs you would incur by using an alternative fumigant. Enter all operating costs incurred during a fumigation cycle. Users with a relatively short fumigation cycle ( less than five years) should use version B( 1); users cultivating perennial crops should use version B( 2). Users with multiple crops, either on the same area in a single fumigation cycle or on different areas treated separately, should copy this sheet and provide costs for each crop. If multiple crops are cultivated sequentially following a single fumigation, replace fumigation costs in pre plant Operations with any additional pest control costs used prior to the following crops. If a fallow season is an important part of the fumigation cycle, include costs incurred ( for example, cultivating a cover crop) as a separate line or as a separate sheet, if costs are extensive. Please fill in the unshaded areas. The shaded areas can be used if the information is known.

Operation / Input The operations/ inputs listed here are not meant to be exhaustive or representative of your specific production system. They are meant to provide suggestions and to help you identify how your operation would change if methyl bromide were unavailable. Be as precise as necessary otherwise you may aggregate operations or inputs. For example, specify herbicide costs if additional treatments would become necessary with the use of a methyl bromide alternative, otherwise you may simply specify total pesticide costs. Please specify only variable operating costs. OMB Control # 2060 0482 Worksheet 3 B( 1& 2). Alternatives  Changes in Operating Costs Alternative: Metam Sodium/ Metam Potassium B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

50.00 $

75 gallons 3.75 $ 281.25 $

250.00 $

50.00 $

415.58 $

900.00 $

322.50 $

285.00 $

118.73 $

312.00 $

126.00 $

250.00 $

310.00 $

27.05 $

187.00 $

349.66 $

4,234.77 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 0.90 $ 783.00 704.70 $

0.20 $ 783.00 156.60 $

0.75 $ 783.00 587.25 $

2.13 $ 783.00 1,667.79 $

558.40 $

3,674.74 $ Material Grading / Packing / Storage Other Costs Marketing Costs ( 8.5%) Harvest Operations Labor Hauling Other Costs ( staking/ tying)

Interest on Operating Capital ( 9%) Nematicide Irrigation Labor ( manual)

Fuel / Machine Labor Pesticides Insecticide Herbicide Fungicide Cultural Operations Seed / Seedlings Fertilizer / Soil Amendments Other costs Fumigation product ( metam)

application Irrigation A Operation / Input Pre plant Operations Land preparation Worksheet 3 B( 1). Alternatives  Changes in Operating Costs Alternative: Metam Sodium/ Metam Potassium Pepper Harvest costs may likewise be calculated as costs per acre ( Column B) plus variable costs per unit of yield ( Column C) times yield ( Column D).

EPA Form # 7620 18a Pre Plant OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

9.75 $

25 gallons 3.75 $ 93.75 $

25.00 $

50.00 $

150.00 $

195.00 $

157.00 $

99.15 $

282.00 $

126.00 $

250.00 $

215.00 $

27.05 $

151.17 $

1,830.87 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 0.75 $ 313.00 234.75 $

0.10 $ 313.00 31.30 $

1.05 $ 313.00 328.65 $

0.65 $ 313.00 203.45 $

277.22 $

1,075.37 $

EPA Form # 7620 18a Pre Plant Marketing Costs ( 8.5%)

Total Hauling Material Grading / Packing / Storage Other Costs Total Harvest Operations Labor Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%) Fungicide Nematicide Irrigation Labor ( manual) Fertilizer / Soil Amendments Pesticides Insecticide Herbicide Cultural Operations Seed / Seedlings Irrigation Other costs Land preparation Fumigation product ( vapam between crops)

application A Operation / Input Pre plant Operations OMB Control # 2060 0482 Worksheet 3 B( 1). Alternatives  Changes in Operating Costs Alternative: 1, 3 Dichloropropene/ Cucumber 2nd Crop B C D E Quantity Used per Acre Units ( lbs, hours, etc) Unit Cost ($) Total Cost per Acre ($)

9.75 $

25 gallons 3.75 $ 93.75 $

25.00 $

50.00 $

150.00 $

195.00 $

157.00 $

99.15 $

357.00 $

126.00 $

250.00 $

215.00 $

27.05 $

157.92 $

1,912.62 $

Constant Cost per Acre ($) Cost per Unit of Yield ($) Yield Total Cost per Acre ($) 0.75 $ 313.00 234.75 $

0.10 $ 313.00 31.30 $

1.05 $ 313.00 328.65 $

0.65 $ 313.00 203.45 $

277.22 $

1,075.37 $

EPA Form # 7620 18a Pre Plant Marketing Costs ( 8.5%)

Total Hauling Material Grading / Packing / Storage Other Costs Harvest Operations Labor Fuel / Machine Labor Other Costs Interest on Operating Capital ( 9%) Fungicide Nematicide Irrigation Labor ( manual) Fertilizer / Soil Amendments Pesticides Insecticide Herbicide Cultural Operations Seed / Seedlings Irrigation Other costs Land preparation Fumigation product ( Metam Na/ K)

application A Operation / Input Pre plant Operations OMB Control # 2060 0482 Worksheet 3 B( 1). Alternatives  Changes in Operating Costs Alternative: Metam Sodium/ Metam Potassium/ Cucumber 1. 1 4 2 5 3 2. 1 4 2 5 3 6 3. 1 4 2 5 3 4.

5.

6. Yes X No 7. Yes X No 8.

X X From:

To:

X X 9.

Years Amount ($) 93 03 $ 773,000.00 93 03 $ 1,970,000.00 93 03 $ 9,000.00 10. $

Cost $ 30,000.00 $ 106,500.00 $ 20,000.00 11. Will economic impacts be measured?

Tarpaulin ( Low Density Polyethylene)

Other Will yield/ quality loss be measured? Metam Potassium Methyl Iodide Command, Dual, Devrinol 1,3  dichloropropene a suitable alternative become available and prove technically and economically feasible, Georgia growers Dual + Methyl Iodide __ 98_% methyl bromide, ___ 2_% chloropicrin __ 67_% methyl bromide, __ 33_% chloropicrin Virtually Impermeable Film ( VIF)

Non Chemical Methods ( please specify) fallow management of nutsedge, crop rotation Worksheet 4. Future Research Plans Please describe future plans to test alternatives to methyl bromide. You may use this worksheet to describe all future plans.

Identify the top 3 to 5 target pests for your research. Yellow & Purple Nutsedge Phytophthora capsici Nematodes Provide a list of alternative chemicals or cultural practices that have been tested. Pythium sp. Rhizoctonia solani How will you minimize your use and/ or emissions of methyl bromide? chloropicrin Metam Sodium would transition away from methyl bromide as soon as feasible. What would be the best currently available alternative if methyl bromide were not available? 1, 3  Dichloropropene + Chloropicrin Prioritize the alternative chemicals or cultural practices to be tested.

Metam Potassium + 1,3 D + Dual Dual + 1,3 D + Pic Formulation Changes Grant requests made to USDA, EPA, state, or other funding group. Methyl Bromide Alternatives IR4 Methyl Bromide Alternatives USDA Investment Plastic, Fumigants, Drip Irrigation Please provide an overview/ timeline of the plan to transition away from using methyl bromide. Currently there is no data to suggest that there is a suitable alternative to transition toward. Obviously, should University of Georgia Other total investments, if any, made to reduce your reliance on methyl bromide? Formulation Changes ( please specify)

( check all that apply)

Cultural Practices ( please specify) Other Pesticides ( please specify)

USDA Tifton Pest Control Unit What is the cumulative amount spent and the types of contributions this consortium has made to fund research to develop alternatives to methyl bromide since 1992? ( e. g. consortium dues, direct research funding, etc.)

Name of Organization / Research Institution OMB Control # 2060 0482 ( Describe each investment and its associated costs. e. g. specialized machinery, etc.) This has already been accomplished.

Custom Drip Irrigation System for research Application Equipment Roundup, Sandea, Dual, Sulfentrazone, fumigants GFVGA EPA Form # 7620 18a Pre Plant 1.

2.

3.

4. 2005 5. 2005 6.

2006 765,408 lbs. 5,712 2007 765,408 lbs. 5,712 Not Technically Feasible Not Economically Feasible X X X X X X X X X X X For EPA Use Only ID # _______________ SECTOR __________________________

Worksheet 5. Application Summary This worksheet will be posted on the web to notify the public of requests for critical use exemptions beyond the 2005 phase out for methyl bromide. Therefore, this worksheet cannot be claimed as CBI.

Consortium Name: Georgia Fruit and Vegetable Growers Association Location: Georgia Crop: Peppers followed by cucumbers ( or some other second crop) Pounds of Methyl Bromide Requested 765,408 lbs. Acres Treated with Methyl Bromide 5,712 Acres If methyl bromide is requested for additional years, reason for request:

There is no forseeable alternative to methyl bromide that will be technically and economically feasible for production of these crops by 2006 or 2007. Therefore, requests are being made to cover these years as well.

Area Treated Acres Area Treated Acres Place an " X" in the column( s) labeled " Not Technically Feasible" and/ or " Not Economically Feasible" where appropriate. Use the " Reasons" column to describe why the potential alternative is not feasible.

Potential Alternatives Reasons Telone ( 1, 3 Dichloropropene) Product will not control nutsedge, a major pest in GA. Not legal to use this material where Karst topography exists.

Chloropicrin Does not adequately control nutsedge.

Metam Sodium Does not adequately control nutsedge. Also, has a 21 day waiting period before planting.

Metam Potassium Does not adequately control nutsedge. Also, has a 21 day waiting period before planting.

Methyl Iodide Does not adequately control nutsedge.

Biological Control Does not adequately control nutsedge. Solarization Does not adequately control nutsedge.

General IPM Does not adequately control nutsedge. OMB Control # 2060 0482 Resistant Cultivars Does not adequately control nutsedge.

Cover Crops & Mulching Does not adequately control nutsedge. Organic Production Does not adequately control nutsedge. EPA Form # 7620 18a Pre Plant 82 Fumigation cycle: The period of time between methyl bromide fumigations.

Year: If a fumigation cycle overlaps more than one calendar year, " year" refers to the calendar year when methyl bromide is applied ( or the beginning of the cycle).

Comparable data: In order to compare revenues and costs with and without methyl bromide, data on alternatives for pest control, yields, revenues, and costs must be for the same time interval as the methyl bromide fumigation cycle. If, however, quantitative data, is not available for the entire fumigation cycle, then to be comparable, the quantitative data for the alternatives should cover the same portion of the fumigation cycle as the quantitative data for methyl bromide, and the rest of the cycle should be discussed in the comments sections.

2 year example: If a methyl bromide fumigation is made every 2 years, then the 2001 fumigation cycle began in 2001 and would end in 2003. The data should cover the methyl bromide costs and usage for the methyl bromide fumigation made in 2001, and all yields and revenues received and other costs incurred during the 2 year period. To be comparable, the data on alternatives should cover a similar 2 year period beginning in 2005 beginning at the same time of year when a methyl bromide fumigation would be made. The data should cover all methyl bromide alternatives used, and all yields and revenues received during that 2 year interval. Other pest control and other costs would only need to be provided for that interval if they would change from what they were with methyl bromide.

Other beneficiary example If someone other than the applicant benefits from a methyl bromide fumigation, you should comment on these benefits if you do not have quantitative data for the entire fumigation cycle. For example, if a rotational crop in the second year benefits from a methyl bromide fumigation a year earlier, but there is quantitative data only on the first crop, then the data on the alternatives should cover only the first crop, and the benefits of methyl bromide and the additional pesticides that would have to be used on the rotational crop should be discussed in the comments sections.

Crop cycle change example: If in a one year interval, methyl bromide is applied, tomatoes are grown and harvested followed by peppers, then the fumigation cycle would be one year including the tomatoes and peppers. If, however, without methyl bromide, it is not possible to follow tomatoes with peppers in the same one year interval, then the alternative data on pesticides, costs, yields, and revenues should just cover tomatoes. The loss of profit from not being able to grow peppers with the alternatives would be part of the loss from not having methyl bromide.

Crop Grouping The applicant can group simliar crops together if: ( i) Crops would experience similar yield and quality losses in the absence of methyl bromide; and ( ii) Crops are grown on the same fumigation and cultivation cycle with similar operating costs. For example, nursery crops including various flower or tree species can be aggregated, with average yields per acre and prices. However, if crops are distinctly different in revenues and operating costs, or the cycles, the applicant may want to present yield, price and operating costs for each crop separately and also indicate the proportion of land area allocated to each crop. Definitions: OMB Control # 2060 0482 EPA Form # 7620 18a Pre Plant


[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4726-4727]
[FR Doc No: 2018-01962]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0006]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
provides the public notice that on January 5, 2018, Northern Plains
Railroad (NPR), petitioned the Federal Railroad Administration (FRA)
for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 229. FRA assigned
the petition Docket Number FRA-2018-0006.
    Specifically, NPR seeks a waiver of compliance from a portion of 49
CFR 229.47, Emergency brake valve, for five SD60F locomotives (Numbers
5513,

5517, 5518, 5525, and 5535) that were purchased from Canadian National
Railway (CN). These units do not have the required emergency brake
valve installed at the rear exit door.
    NPR is a regional railroad operating on a 350-mile network in North
Dakota and western Minnesota. NPR's primary commodities handled include
wheat, soybeans, corn, aggregates, and miscellaneous industrial
products. The maximum operating speed on the NPR is 25 miles per hour.
NPR has had no history of vandalism, two reportable train accidents
since 2013, and an injury frequency rate of under one percent for the
last two years. NPR indicates that these units will be used in road
service and will be paired together. NPR does not see this waiver of
compliance adversely affecting safety.
    NPR believes that 49 CFR 229.47 was established to provide a crew
member a means of initiating an emergency stop when they are unable to
give the locomotive operator a visual signal to stop while making a
reverse movement. This would only apply to locomotives that do not have
an exposed walkway on the end of the car body. The five full body
locomotives are all equipped with a walkway and corner steps that
provide a position for crew to direct the locomotive engineer while
making a reverse movement. Because these end platforms, which are
identical to that of a regular body locomotive, are available and
equipped with corner steps, NPR crews would not place themselves inside
the locomotive engine compartment to direct a reverse movement, thereby
making the application of this emergency brake valve meaningless.
Therefore, NPR is requesting a waiver from the requirement that an
emergency brake pipe valve be installed adjacent to the rear door for
these five units.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 19, 2018 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2018-01962 Filed 1-31-18; 8:45 am]
 BILLING CODE 4910-06-P