[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Notices]
[Pages 4911-4912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1860]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180959; FRL-4930-2]
Receipt of Application for Emergency Exemption To Use Fenoxycarb;
Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has received specific exemption requests from the Oregon
and Washington Departments of Agriculture (hereafter referred to as the
``Applicants'') for use of the pesticide fenoxycarb (CAS 72490-01-8) to
control pear psylla (Cacopsylla pyricola) on up to 10,200, and 26,000
acres of pears, respectively. The Applicants propose the first food use
of an active ingredient; therefore, in accordance with 40 CFR 166.24,
EPA is soliciting public comment before making the decision whether or
not to grant the exemptions.
DATES: Comments must be received on or before February 9, 1995.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180959,'' should be submitted by mail to: Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St. SW, Washington, DC 20460. In person, bring comments to: Rm.
1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Information submitted in any comment concerning this notice may be
claimed confidential by marking any part or all of that information as
``Confidential Business Information.'' Information so marked will not
be disclosed except in accordance with procedures set forth in 40 CFR
part 2. A copy of the comment that does not contain Confidential
Business Information must be provided by the submitter for inclusion in
the public record. Information not marked confidential may be disclosed
publicly by EPA without prior notice. All written comments filed
pursuant to this notice will be available for public inspection in Rm.
1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA,
from 8 a.m. to 4 p.m., Monday through Friday, except legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration
Division (7505W), Office of Pesticide [[Page 4912]] Programs,
Environmental Protection Agency, 401 M St. SW, Washington, DC 20460.
Office location and telephone number: 6th Floor, Crystal Station #1,
2800 Jefferson Davis Highway, Arlington, VA, (703-308-8791).
SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p),
the Administrator may, at her discretion, exempt a State agency from
any registration provision of FIFRA if she determines that emergency
conditions exist which require such exemption. The Applicants have
requested the Administrator to issue specific exemptions for the use of
the insecticide fenoxycarb, to control pear psylla, on up to 10,200
acres of pears in Oregon, and 26,000 acres of pears in Washington.
Information in accordance with 40 CFR part 166 was submitted as part of
these requests.
The Applicants state that pear psylla is a major, chronic pest of
pear orchards. If the pest is left uncontrolled, it will cause dramatic
yield decreases, and eventual tree debilitation. Damage is caused by
honeydew, secreted by the pear psylla nymphs while feeding, which
causes deformed fruit and russeting, leading to major quality problems,
downgrading of fruit, and increased cullage. In addition, the honeydew
causes secondary problems with black sooty mold on the fruit. While
feeding, the pear psylla also injects a toxin into the tree, which is
debilitating and reduces vigor and, ultimately, yield. The Applicants
state that the need for a method of reducing the overwintering adult
population before they lay appreciable numbers of eggs in the spring is
critical to pear psylla control. The only effective pre-bloom materials
for some years were the synthetic pyrethroids, permethrin and
fenvalerate. When widespread resistance to these materials became
evident in the psylla population by 1987-88, the Applicants state that
cyfluthrin was used under section 18 exemptions in 1988-1992, and was
found to be efficacious. In 1993, this use of fenoxycarb was first
requested by Washington state, who claimed that resistance to
cyfluthrin was being observed. However, the toxicology data available
at that time for fenoxycarb did not support this use, and cyfluthrin
was again used under section 18 during the 1993 season. In the 1993-4
season, both Washington and Oregon requested exemptions for this use.
Adequate toxicology data were available to support the use under
section 18, and the exemptions were subsequently granted. The
Applicants claim that most of the pear psylla populations are now
resistant to cyfluthrin, and are therefore again requesting this use of
fenoxycarb for control of pear psylla in pears.
The Applicants wishes to treat up to 10,200 acres of pear trees in
Oregon, and up to 26,000 acres in Washington. This would translate to a
possible total of 2,550 pounds of active ingredient (10,200 lbs.
product) in Oregon, and up to 6,500 lbs. a.i. (26,000 lbs. product) in
Washington. Up to two applications would be made per growing season, at
a maximum rate of 2 oz. a.i. (8 oz. product) per acre, diluted in water
to make a minimum spray volume of 50-400 gallons per acre. Application
of fenoxycarb would not be allowed by air or through chemigation
equipment.
This notice does not constitute a decision by EPA on the
applications themselves. The regulations governing section 18 require
publication of a notice of receipt in the Federal Register and solicit
public comment on an application for a specific exemption proposing the
first food use of an active ingredient. Accordingly, interested persons
may submit written views on this subject to the Field Operations
Division at the address above.
The Agency, accordingly, will review and consider all comments
received during the comment period in determining whether to issue the
emergency exemptions requested by the Oregon and Washington Departments
of Agriculture.
List of Subjects
Environmental protection, Pesticide and pests, Crisis exemptions.
Dated: January 13, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-1860 Filed 1-24-95; 8:45 am]
BILLING CODE 6560-50-F
