[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]


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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.

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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