[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 39969-39971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19079]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181019; FRL 5386-4]


Pyridaben; 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 a specific exemption request from the 
Delaware State Department of Agriculture (hereafter referred to as the 
``Applicant'') for use of the pesticide pyridaben, [2-tert-butyl-5-(4-
tert-butylbenzylthio)-4-chloropyridazin-3-(2H)-one], CAS number 96489-
71-3 to control European red mite and two-spotted spider mite on up to 
800 acres of apples. The Applicant proposes 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 exemption.

DATES: Comments must be received on or before August 15, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181019,'' 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-181019]. 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 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 a specific exemption for the use 
of the miticide pyramite which contains the registered active 
ingredient, pyridaben, to control European red mite and two-spotted 
spider mite on up to 800 acres of apples in Delaware. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    The Applicant states that European red mite is the most important 
acarine pest of apples in Delaware and neighboring states. Populations 
of European red mite and two-spotted spider mite build up during the 
growing season and are aggravated by hot, dry weather. Mites feed on 
apple leaves and can cause fruit size and color reduction and 
debilitation of tree health resulting in decreased yields in subsequent 
years. The primary cause of the emergency condition is the voluntary 
withdrawal of the use of propargite (Omite) on apples by Uniroyal 
Corporation. Propargite was the primary miticide of choice for mid to 
late season mite control because of its fit into Delaware Apple 
Integrated Pest Management (IPM) systems. Propargite was cost 
effective, efficacious, did not have mite resistance problems and fit 
well into IPM systems because it did not adversely impact mite 
predators. The applicant indicates that alternative, registered 
miticides are not recommended because either mite populations have 
developed resistance to them and/or they adversely impact mite predator 
populations and disrupt IPM apple systems.
    This is the first year that the Applicant has requested this 
pesticide for any use. Delaware has approximately 800 acres of apples 
in production all of which are subject to mite infestations. 
Applications of pyramite would be made to apples via ground application 
methods (dilute or airblast sprayers) between July and early September 
1996. Application rates range from 4.4 - 6.6 ounces formulated product/
acre for European red mite control and 6.6 - 13.2 ounces formulated 
product/acre for two-spotted spider mite control. The use of pyramite 
is limited to 2 complete applications per acre per year (this includes 
4 split applications using alternate row middle spray methods) and will 
not exceed 26.4 ounces of formulated product per acre per year.
    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 proposes use of a new chemical (40 CFR 166.24).
    A record has been established for this notice under docket number 
[OPP-181019] (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. 
Accordingly, interested persons may submit written views on

[[Page 39971]]

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 exemption requested by the Delaware State Department of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: July 16, 1996.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-19079 Filed 7-30-96; 8:45 am]
BILLING CODE 6560-50-F