Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Notices 15699

a maximum 225,000 lbs. of

propamocarb hydrochloride.

The Applicant proposes to apply

cymoxanil, manufactured by E.I. du

Pont de Nemours and Company, as

Curzate M-8, and as Manex C-8,

manufactured by Griffin Corporation, at

a maximum rate of 0.12 lbs. a.i. (1.5 lb.

of product) per acre, by ground or air,

with a maximum of 7 applications per

season and a 5–day PHI. Use under this

exemption could potentially amount to

a maximum 42,000 lbs. of cymoxanil.

The Applicant proposes to apply

dimethomorph at a maximum rate of 0.2

lbs. a.i. (2.25 lb. of product) per acre, by

ground or air, with a maximum of 5

applications per season and a 5–day

PHI. Use under this exemption could

potentially amount to a maximum

50,000 lbs of dimethomorph.

This notice does not constitute a

decision by EPA on the applications.

The regulations governing section 18

require publication of a notice of receipt

in the Federal Register for an

application for a specific exemption

proposing use of a new chemical (i.e.,

an active ingredient not contained in

any currently registered pesticide) or the

first food use of an active ingredient.

Such notice provides for opportunity for

public comment on the application.

Accordingly, interested persons may

submit written views on this subject to

the Field Operations Division at the

address above.

The official record for this notice, as

well as the public version, has been

established for this notice under docket

number [OPP–181041] (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-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comment and data will

also be accepted on disks in

Wordperfect 5.1 file format or ASCII file

format. All comments and data in

electronic form must be identified by

the docket number [OPP–181041].

Electronic comments on this notice may

be filed online at many Federal

Depository Libraries.

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

Florida Department of Agriculture and

Consumer Services.

List of Subjects

Environmental protection, Pesticides

and pests, Crisis exemptions.

Dated: March 24, 1997.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 97–8398 Filed 4–1–97; 8:45 am]

BILLING CODE 6560–50–F

[OPP–181038; FRL 5594–4]

Fenoxycarb; Receipt of Application for

Emergency Exemption, Solicitation of

Public Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

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: oppdocket@epamail.epa.gov. 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:

cimino.pat@epamail.epa.gov.

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
15700 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Notices

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

§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:

opp-docket@epamail.epa.gov

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

[PF–726; FRL–5594–9]

ISK Biosciences Corporation;

Pesticide Tolerance Petition Filing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of filing.

SUMMARY: This notice announces the

initial filing of a pesticide petition

proposing the establishment of timelimited tolerances for residues of the

fungicide, chlorothalonil and its

metabolite, 4-hydroxy-2,5,6-

trichloroisophthalonitrile in or on nonbell peppers. This notice includes a

summary of the petition that was

prepared by the petitioner, ISK

Biosciences Corporation.

DATES: Comments, identified by the

docket control number [PF-726], must

be received on or before, May 2, 1997.

ADDRESSES: By mail, submit written

comments 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. 1132, CM #2, 1921

Jefferson Davis Highway, Arlington, VA.

Comments and data may also be

submitted electronically be sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. 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 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by docket control

number [PF-726]. Electronic comments

on this notice may be filed online at

many Federal Depository Libraries.

Additional information on electronic

submissions can be found in Unit II. of

this document.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). CBI should not be submitted

through e-mail. Information marked as

CBI will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2. A copy of the comment