[Federal Register Volume 59, Number 46 (Wednesday, March 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5421]
[[Page Unknown]]
[Federal Register: March 9, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-180923; FRL 4763-9]
Receipt of Application for Emergency Exemption to Use
Oxytetracycline; Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has received a specific exemption request from the
Michigan State Department of Agriculture (hereafter referred to as the
``Applicant'') for use of the pesticide oxytetracycline (CAS 79-57-2)
to control fire blight on up to 5000 acres of apples in Van Buren, Kent
and Newaygo counties. In accordance with 40 CFR 166.24, EPA is
soliciting public comment before making the decision whether or not to
grant the exemption.
DATES: Comments must be received on or before March 24, 1994.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180923,'' should be submitted by mail to: Public
Response and Human Resource Branch, Field Operations Division (7506C),
Office of Pesticide Programs, Environmental Protection Agency, 401 M
St., SW., Washington, D.C. 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: Margarita Collantes,
Registration Division (7505W), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, D.C.
20460. Office location and telephone number: 6th Floor, Crystal Station
I, 2800 Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8347.
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 Applicant has requested the Administrator to issue a specific
exemption for the use of the bactericide, oxytetracycline, available as
Terramycin (EPA Reg. No. 618-104) from Merck and Company, Incorporated,
to control fire blight, caused by Erwinia amylovora, on up to 5000
acres of apples in Van Buren, Kent and Newaygo counties. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
According to the Applicant, fire blight is not new to the
commercial fruit production in Michigan. The bactericide commonly used
to control fire blight has been streptomycin. However, since 1990,
resistance in the pathogen Erwinia amylovora has reduced the
effectiveness of streptomycin for fire blight control. The Applicant
claims that none of the registered pesticides is effective against this
disease and that, without an effective control, growers will incur a
significant economic loss during the 1994 growing season.
Under the proposed exemption a maximum of 25,000 lbs of formulated
product could be used (5,000 acres x 1 lb. per acre x 5
applications = 25,000 lbs) if blight-conducive weather occurred
throughout the bloom period on all 5,000 acres. A 60-day preharvest
interval will be observed. In addition, livestock will not feed on the
crop by-product or graze on the treated orchards. Applications would be
made between April 1, 1994, and July 1, 1994.
This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 require that
the Agency publish notice of receipt in the Federal Register and
solicit public comment on an application for a specific exemption if an
emergency exemption has been requested or granted for that use in any 3
previous years, and a complete application for registration of that use
has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions
for the use of oxytetracycline on apples have been requested and
granted for the past 3 years, and an application for registration of
this use has not been submitted to the Agency.
Accordingly, interested persons may submit written views on this
subject to the Field Operations Division at the address above. The
Agency will review and consider all comments received during the
comment period in determining whether to issue the emergency exemption
requested by the Michigan State Department of Agriculture.
List of Subjects
Environmental protection, Pesticides and pests, Crisis exemptions.
Dated: March 2, 1994.
Stephanie R. Irene,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 94-5421 Filed 3-8-94; 8:45 am]
BILLING CODE 6560-50-F
