15698 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Notices

has calculated aggregate exposure levels

for this chemical. Based on chronic

toxicity endpoints, only 4% of the RfD

will be utilized for the U.S. general

population. EPA usually has no concern

for exposures below 100 % of the RfD

because the RfD represents the level at

or below which daily aggregate dietary

exposure over a lifetime will not pose

appreciable risks to human health. Ciba

concludes that there is a reasonable

certainty that no harm will result from

aggregate exposure to cyprodinil

residues.

J. Safety to Infants and Children

Developmental delays (reduced pup

weight and ossification) were observed

in the rat teratology study and 2-

generation rat reproduction study at

maternally toxic doses. The lowest

NOEL for this effect was established in

the 2-generation study at 100 mg/kg

(1,000 ppm). The finding is judged to be

a nonspecific, secondary effect of

maternal toxicity. No developmental

toxicity was observed in the rabbit

teratology study.

Reference dose. Using the same

conservative exposure assumptions as

employed for the determination in the

general population, Ciba has calculated

the utilization of RfD by aggregate

exposure to residues of cyprodinil to be

12% for nursing infants less than 1 year

old, 22% for non-nursing infants less

than 1 year old, 12% for children 1 to

6 years old, and 6% for children 7 to 12

years old. Ciba believes that under the

worst case assumptions which

overestimate exposure to infants and

children, there is a reasonable certainty

that no harm will result to infants and

children from aggregate exposure to

cyprodinil residues.

K. Estrogenic effects

Cyprodinil does not belong to a class

of chemicals known or suspected of

having adverse effects on the endocrine

system. Developmental toxicity studies

in rats and rabbits and a reproduction

study in rats gave no indication that

cyprodinil might have any effects on

endocrine function related to

development and reproduction. The

chronic studies also showed no

evidence of a long-term effect related to

the endocrine system.

[FR Doc. 97–8397 Filed 4–1–97; 8:45 am]

BILLING CODE 6560–50–F

[OPP–181041; FRL 5597–8]

Cymoxanil, Propamocarb

Hydrochloride and Dimethomorph;

Receipt of Applications for Emergency

Exemptions, Solicitation of Public

Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received specific

exemption requests from the Florida

Department of Agriculture and

Consumer Services (hereafter referred to

as the ‘‘Applicant’’) to use the pesticides

cymoxanil (CAS 57966–95–7),

propamocarb hydrochloride (CAS

25606–41–1) and dimethomorph (CAS

110488–70–5) to treat potentially up to

50,000 acres of tomatoes to control

immigrant strains of late blight which

are resistant to historically used control

materials. The Applicant proposes the

use of either new (unregistered)

chemicals or 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 exemptions.

DATES: Comments must be received on

or before April 17, 1997.

ADDRESSES: Three copies of written

comments, bearing the identification

notation ‘‘OPP–181041,’’ should be

submitted by mail to: Public Response

and Program Resource 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, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

Comments and data may also be

submitted electronically by following

the instructions under

‘‘SUPPLEMENTARY INFORMATION’’

of this document. 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

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: Libby Pemberton, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number and e-mail: Floor 6, Crystal

Station #1, 2800 Jefferson Davis

Highway, Arlington, VA, (703) 308–

8326; e-mail:

pemberton.libby@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 Applicant has requested

the Administrator to issue specific

exemptions for the use of cymoxanil,

propamocarb hydrochloride, and/or

dimethomorph on tomatoes to control

late blight. Information in accordance

with 40 CFR part 166 was submitted as

part of this request.

Recent failures to control late blight in

tomatoes as well as potatoes with the

registered fungicides, have been caused

almost exclusively by immigrant strains

of late blight Phytophthora infestans,

which are resistant to the control of

choice, metalaxyl. Before the immigrant

strains of late blight arrived, all of the

strains in the U.S. were previously

controlled by treatment with metalaxyl.

The Applicant states that presently,

there are no fungicides registered in the

U.S. that will provide adequate control

of the immigrant strains of late blight.

The Applicant states that each of these

requested chemicals has been shown to

be effective against these strains of late

blight. Each active ingredient holds

current registrations throughout many

European countries for control of this

disease. The Applicant indicates that at

least a 30 percent yield reduction is

expected based on the current

infestation. Net revenues are expected to

be reduced by over $12 million for the

affected acreage without the use of these

requested chemicals.

The Applicant proposes to apply

propamocarb hydrochloride,

manufactured by AgrEvo USA

Company, as Tattoo C, at a maximum

rate of 0.9 lbs. active ingredient [(a.i.)],

(2.3 pt of product) per acre by ground

or air, with a maximum of 5

applications per season. A 7–day PHI

will be observed. Use under this

exemption could potentially amount to
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