[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] ----------------------------------------------------------------------- [[Page 39970]] 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. ----------------------------------------------------------------------- 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