[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: [email protected]. 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: 
[email protected].

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:
    [email protected]
    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