[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Pages 15699-15700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8399]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181038; FRL 5594-4]


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 April 17, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181038,'' 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-181038]. 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 8:30 a.m. to 4 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, telephone number and e-mail: 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. Tree

[[Page 15700]]

vigor is reduced by the toxin introduced by the feeding of pear psyllas 
which ultimately reduces overall 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 1994, 1995 and 1996 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 wish 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 [(a.i.)] (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 during or after pear bloom, nor to 
open blossoms of weeds or cover crops. Negligible residues are expected 
because this is a pre-bloom only use and available residue chemistry 
data indicate non-detectable residues will occur.
    The regulations governing section 18 require publication of a 
notice of receipt in the Federal Register and solicitation of public 
comment on an application for a specific exemption proposing the first 
food use of an active ingredient. Normally, a notice of receipt shall 
give the public 15 days in which to file comments on the application. 
The Administrator may shorten or eliminate the comment period if she 
determines that the time available for a decision on the application 
requires it (40 CFR Sec. 166.24). The comment period has been 
eliminated for these specific exemption requests because implementation 
of the Food Quality Protection Act delayed application processing, the 
use season had started and available data indicate that there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposure and all other exposures for which there is reliable 
information.
    A record has been established for this notice under docket number 
[OPP-181038] (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 8:30 a.m. 
to 4 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 this subject to the 
Filed Operations Division at the address above.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: March 24, 1997.

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

[FR Doc. 97-8399 Filed 4-1-97; 8:45 am]
BILLING CODE 6560-50-F