[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