[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67880-67882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32680]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181065; FRL 6047-8]


Malathion and Diazinon; 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 quarantine exemption request under section 
18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
from the U.S. Department of Agriculture (hereinafter referred to as the 
``Applicant'') to use the pesticides malathion (CAS No. 121-75-5), 
formulated as Fyfanon ULV (EPA Registration No. 4787-8 and 51036-104) 
and diazinon (CAS No. 333-41-5), formulated as Diazinon 4-E (EPA 
Registration No. 769-687) to treat areas within Florida where 
nonindigenous subtropical fruit flies (various species in the family 
Tephritidae) are found. This notice provides a 30-day period for public 
comment on the request.
    Four geographically distinct infestations of the Mediterranean 
fruit fly (Ceratitis capitata) were discovered in Florida in 1998. In 
addition, a wide-spread outbreak of the Mediterranean fruit fly was 
discovered in central Florida in 1997. In order to ensure that this 
pest did not become established in Florida, the Applicant and the State 
of Florida used the pesticides identified above, along with the release 
of sterile Mediterranean fruit flies and other measures, to eradicate 
the outbreaks.
    The pesticide use that takes place related to exotic fruit fly 
eradication is occurring under the authorities of FIFRA section 18. 
Because EPA is interested in engaging stakeholders affected by 
important programs undertaken under section 18, the Agency is invoking 
its discretionary authority under 40 CFR 166.24(a)(7) and, through the 
publication of this notice, is soliciting public comment with respect 
to the eradication scheme proposed by the Applicant.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing Section 18 cite that the 
Administrator may determine that it is appropriate to publish a notice 
of receipt of an application for a quarantine exemption request [40 CFR 
166.24 (a)(7)]. Such notice provides for opportunity for public comment 
on the application.

DATES: Comments must be received on or before January 8, 1999.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181065,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring comments to: Rm. 119, 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]. Follow the 
instructions under SUPPLEMENTARY INFORMATION. No Confidential Business 
Information (CBI) should be submitted through e-mail.
    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

[[Page 67881]]

submitter for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice. The 
docket is available for public inspection at the Virginia address given 
above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Daniel J. Rosenblatt, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location, telephone number and e-mail: Crystal Mall #2, Rm. 280, 
1921 Jefferson Davis Highway, Arlington, VA, (703-308-9375); 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 federal or state 
agency from any provision of FIFRA if she determines that emergency 
conditions exist which require such exemption. The Applicant has 
requested the Administrator to issue a quarantine exemption for the use 
of malathion and diazinon to control non-indigenous subtropical fruit 
flies in Florida. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    The Applicant is responsible for operating quarantine programs in 
the United States to protect agriculture against the introduction and 
establishment of non-indigenous pest species. The establishment of a 
new exotic fruit fly species such as the Mediterranean fruit fly in the 
continental United States would be extremely costly for agricultural 
producers and related industries. The Applicant projects that the costs 
associated with the establishment of exotic fruit flies in the 
continental United States would be severe, dramatically curtailing 
interstate and international trade in numerous agricultural 
commodities, particularly citrus crops. In addition, the Applicant 
indicates that if nonindigenous exotic fruit flies become established 
such infestations will have significant negative biological and 
environmental consequences.
    The Applicant maintains that exclusion and detection measures alone 
are not adequate to protect Florida from the introduction of 
nonindigenous and destructive fruit fly pests. Therefore, an emergency 
program capable of eradicating an outbreak once it is discovered is 
necessary. The Applicant's position is that the requested program is 
efficacious and, simultaneously, protective of public health and 
environment. The request describes several alternative approaches that 
were considered that appear to be less suitable or developed as 
compared to the proposed approach. For example, physical control 
measures, such as fruit stripping, cultural control measures through 
the modification of agricultural practices, biological controls such as 
the introduction of predator species, and several other alternative 
pesticides were considered by the Applicant.
    The pesticidal approaches proposed for use under this program will 
be dictated by the magnitude of the pest infestation. For example, in 
the outbreak discovered in Dade County Florida in April 1998, a small 
number of localized ground-based applications of malathion bait were 
used, along with limited treatments of diazinon soil drench and sterile 
Mediterranean fruit fly releases. In the eradication program undertaken 
against the infestation of Mediterranean fruit flies centered in Lake 
County Florida in April 1998, 1,315 flies were trapped. An outbreak of 
this intensity required the use of both aerial and ground treatments of 
malathion bait in a 35.5 square mile area. Sterile Mediterranean fruit 
flies were also released in connection with this outbreak.
    Under the exemption application now under consideration, the 
Applicant requested the use of malathion and diazinon to eradicate 
nonindigenous subtropical fruit flies. Following the identification of 
a quarantined fruit fly, malathion would be applied along with a 
protein bait attractant (at a rate of 2.4 ounces/acre of malathion with 
9.6 ounces of protein hydrolysate/acre) through ground or aerial 
application equipment. Applications are proposed at 5 to 21 day 
intervals until eradication is achieved, as determined by an absence of 
detections in baited traps. The total number of applications includes 
sufficient time to extend through two fruit fly life cycles beyond the 
last fly find. Fruit fly life cycles are temperature dependent, and 
could range from approximately 26 to 90 days. The applicant referenced 
the general conditions in Florida and estimates that six to eight 
applications are typically needed in order to cover two life cycles. 
Because of these uncertainties, it is difficult to anticipate the total 
amount of pesticide required for a given infestation or time period.
    The diazinon would be applied through soil drench technique 
directly within the drip line of trees determined to have been hosts to 
the pests. The proposed application rate for diazinon is 1.8 ounces 
pesticide per 1,000 square feet of soil surface within the drip line of 
host trees and to the soil around host nursery stock. A maximum of 10 
pounds of diazinon was proposed.
    A summary of the other major proposed measures and eradication 
program conditions include:
    1. Expansion of fruit fly detection and prevention activities. The 
exotic fruit fly trapping and detection activities represent the 
initial defense against pest outbreaks. Given that fruit fly 
populations are capable of reproducing quickly, a comprehensive 
scouting and exclusion program is critical to preventing the 
establishment of these pests in the contiguous United States. In 
addition, prevention efforts are in line with the objective of risk 
reduction since it is likely that any eradication program that is 
undertaken would be smaller in scope if the outbreak is detected 
shortly after the introduction of the pest.
    Given that background, the Applicant has indicated that more fruit 
fly traps will be placed in the field in the future. Further, the traps 
will be serviced by new personnel hired to expand the detection efforts 
in Florida. In addition, new or expanded exclusion measures will be 
used to increase the security of the Florida border from the accidental 
importation of contaminated produce. For example, screening tools such 
as canine detection teams and new x-ray equipment will be used in 
Florida ports.
    2. Sterile Insect Technique (SIT) which involves the introduction 
of sterilized male flies into the infested area with the objective of 
fostering sterile flies to mate with feral female flies. The resultant 
eggs will be infertile. The Applicant is an advocate of SIT and 
believes it should be used when it is possible to over flood the wild 
population with sterile males. The Applicant also mentions that SIT can 
be used as a preventative measure and cited the ongoing release of SIT 
over Manatee County, Florida.
    3. Public notification and education whereby residents in treated 
areas are to receive a minimum of 24 hours advance notice for a 
treatment planned around their homes. The notification measures include 
precautions that the public might take to protect their health, 
property, and pets. Further, the Applicant will establish a telephone 
hotline so that individuals in the treatment areas can obtain current 
information about the eradication program and report any suspected 
adverse effects connected with the treatments. The outreach program 
also includes special notification for individuals who are listed on 
state

[[Page 67882]]

public health registries as hypersensitive to chemical exposure.
    4. Ecological and environmental protections will be established. 
These include consultations with FWS concerning endangered and 
threatened species, notice to beekeepers and the establishment of 
buffer areas to protect sensitive environmental resources.
    This notice is a summary of the information submitted by the 
Applicant. This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 cite that the 
Administrator may determine that it is appropriate to publish a notice 
of receipt of an application for a quarantine exemption request 40 CFR 
166.24 (a)(7). Such notice provides for opportunity for public comment 
on the application.
    The official record for this notice, as well as the public version, 
has been established under docket number [OPP-181065] (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 official notice record is 
located at the address in ``ADDRESSES'' at the beginning of this 
document.
    Electronic comments can be sent directly to EPA at: opp-
[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 5/1/6.1 or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket number [OPP-181065]. Electronic comments on 
this notice may be filed online at many Federal Depository Libraries.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the emergency 
exemption requested by the U.S. Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: December 1, 1998.

James Jones,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 98-32680 Filed 12-8-98; 8:45 am]
BILLING CODE 6560-50-F