[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Pages 18140-18141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9975]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180997; FRL 5353-8]
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 May 9, 1996.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180997,'' 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-180997]. 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 #2, 1921 Jefferson Davis Highway, Arlington, VA,
from 8 a.m. to 4:30 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 and telephone number: 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. 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 and 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 and 1995 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 wishes 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 (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
[[Page 18141]]
during or after pear bloom, nor to open blossoms of weeds or cover
crops. Negligible residues are expected because this is a prebloom-only
use and available residue chemistry data indicate non-detectable
residues will occur.
Normally this notice does not constitute a decision by EPA on the
applications themselves. However, these specific exemptions were
granted on March 1, 1996, because inclement weather and furloughs
delayed the publication process and control measures were needed
immediately in order to prevent significant economic loss. 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. Such notice provides for opportunity for public
comment on the application.
A record has been established for this notice under docket number
[OPP-180997] (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 a.m. to
4:30 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.
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, Pesticides and pests, Emergency
exemptions.
Dated: April 15, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-9975 Filed 4-23-96; 8:45 am]
BILLING CODE 6560-50-F
