[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Pages 15699-15700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8399]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181038; FRL 5594-4]
Fenoxycarb; Receipt of Application for Emergency Exemption,
Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has received and granted 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
18,900, 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 about granting the
exemptions.
DATES: Comments must be received on or before April 17, 1997.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181038,'' 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.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number [OPP-181038]. No Confidential Business Information
(CBI) should be submitted through e-mail. Electronic comments on this
notice may be filed online at many Federal Depository Libraries.
Additional information on electronic submissions can be found below in
this document.
Information submitted in any comment concerning this notice may be
claimed confidential by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment that
does not contain CBI 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.
1132, Crystal Mall No. 2, 1921 Jefferson Davis Highway, Arlington, VA,
from 8:30 a.m. to 4 p.m., Monday through Friday, except legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Pat Cimino, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location, telephone number and e-mail: 6th Floor, Crystal Station #1,
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8328; e-mail:
cimino.pat@epamail.epa.gov.
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 18,900
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. Tree
[[Page 15700]]
vigor is reduced by the toxin introduced by the feeding of pear psyllas
which ultimately reduces overall 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 1994, 1995 and 1996 seasons, 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 wish to treat up to 18,900 acres of pear trees in
Oregon, and up to 26,000 acres in Washington. This would translate to a
possible total of 4,725 pounds of active ingredient [(a.i.)] (18,900
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. Fenoxycarb would be used pre-bloom and
would not be allowed to be applied during or after pear bloom, nor to
open blossoms of weeds or cover crops. Negligible residues are expected
because this is a pre-bloom only use and available residue chemistry
data indicate non-detectable residues will occur.
The regulations governing section 18 require publication of a
notice of receipt in the Federal Register and solicitation of public
comment on an application for a specific exemption proposing the first
food use of an active ingredient. Normally, a notice of receipt shall
give the public 15 days in which to file comments on the application.
The Administrator may shorten or eliminate the comment period if she
determines that the time available for a decision on the application
requires it (40 CFR Sec. 166.24). The comment period has been
eliminated for these specific exemption requests because implementation
of the Food Quality Protection Act delayed application processing, the
use season had started and available data indicate that there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposure and all other exposures for which there is reliable
information.
A record has been established for this notice under docket number
[OPP-181038] (including comments and data submitted electronically as
described below). A public version of this record, including printed,
paper versions of electronic comments, which does not include any
information claimed as CBI is available for inspection from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays.
The public record is located in Room 1132 of the Public Response
and Program Resource Branch, Field Operations Division (7506C), Office
of Pesticide Programs, Environmental Protection Agency, Crystal Mall
#2, 1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments can be sent directly to EPA at:
opp-docket@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this notice, as well as the public version,
as described above will be kept in paper form. Accordingly, EPA will
transfer all comments received electronically into printed, paper form
as they are received and will place the paper copies in the official
record which will also include all comments submitted directly in
writing. The official record is the paper record maintained at the
address in ADDRESSES at the beginning of this document. Accordingly,
interested persons may submit written views on this subject to the
Filed Operations Division at the address above.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: March 24, 1997.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 97-8399 Filed 4-1-97; 8:45 am]
BILLING CODE 6560-50-F
