Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices 24935

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Comments and

data may also be submitted

electronically by sending electronic

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

comments must be submitted in 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 docket number

OPP–50821. No 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

under the SUPPLEMENTARY unit of

this document.

FOR FURTHER INFORMATION CONTACT:

Linda Hollis, Biopesticides and

Pollution Prevention Division (7501W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

5th Floor, CS #1, 2805 Jefferson Davis

Hwy., Arlington, VA, (703) 308–8733; email: hollis.linda@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: A

notification of intent to conduct smallscale field testing pursuant to EPA’s

Statement of Policy entitled, ‘‘Microbial

Products subject to the Federal

Insecticide, Fungicide, and Rodenticide

Act and the Toxic Substances Control

Act,’’ published in the Federal Register

of June 26, 1986 (51 FR 23313), has been

received from Dupont Agricultural

Products of Delaware (NMP No. 352-

NMP-U). The proposed small-scale field

trial involves the introduction of a

genetically engineered isolate of the

baculovirus Autographa californica

Multiple Nuclear Polyhedrosis Virus

(AcMNPV) which has been modified to

express a synthetic gene which encodes

for an insect-specific toxin from the

venom of the scorpion Leiurus

quinquestriatus hebraeus.

The purpose of the proposed testing

will be to assess and compare the

efficacy of two genetically modified

constructs relative to the wild-type

AcMNPV and a chemical insecticide

standard against selected lepidoptera

pests: Heliothis virescens, Helicoverpa

zea, Spodoptera exigua, Trichoplusia ni,

and Plutella xylostella.

The proposed program will consist of

one trial per site (except Louisianna) to

be conducted in mid-summer 1996 thru

fall 1996. Testing will occur in 7 states:

Arizona, Georgia, Louisianna, and

Mississippi for cotton trials, and

Illinois, Maryland, and Texas, for

cabbage trials. All sites will be located

on secured, fenced research or

commercial farmland with limited

public access.

There will be a maximum of nine

treatments for each trial (cotton and

cabbage). The active ingredient will be

applied at 5E(12) occlusion bodies/ha

(2E(12) occlusion bodies/ac) for three to

five applications. There will be a

maximum of 5 applications per

treatment over a 3 to 4-week period

during the growing season. The total

amount of active ingredient to be used

is 7.2 E12 occlusion bodies.

Treated sites for the cotton trials will

each be a total of 4 rows wide by 50 ft.

long and replicated 4 times for a total

of 800 feet of row per treatment for each

trial. Treated sites for the cabbage trials

will be a total of 2 rows wide by 25 ft.

long and replicated 4 times for a total

of 200 feet of row per treatment. The

active ingredient will be applied via

CO2 backpack sprayer using a handheld spray broom.

All trials will be surrounded by a 10

ft. minimum unplanted buffer zone.

Upon completion of the trials, crops

will remain standing in the field for at

least 2 weeks prior to destruction and

plow down.

Intensive monitoring of the

recombinant construct will take place.

Soil, leaf, and host insect samples will

be collected from all treatments at

weekly intervals and monitored for

amount and type of virus present until

crop destruction. Several assay methods

will be employed in order to quantify

virus content in soil, plant and host

insects. Following review of Dupont’s

application and any comments received

in response to this notice, EPA will

decide whether or not an experimental

use permit is required.

EPA has established a record for this

notice of receipt under docket number

OPP–50821 (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, except legal

holidays. The public record is located in

Room 1132 of the Public Response and

Program Resources 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

The official record for this document,

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.

List of Subjects in 40 CFR Part 172

Environmental protection and

Genetically-engineered microbial

pesticides.

Dated: May 9, 1996.

Janet L. Andersen,

Acting Director, Biopesticides and Pollution

Prevention Division, Office of Pesticide

Programs.

[FR Doc. 96–12480 Filed 5–16–96; 8:45 am]

BILLING CODE 6560–50–F

[OPP–66200A; FRL–5368–1]

Withdrawal of a Notice of Intent to

Cancel Registration of Certain

Products Containing the Active

Ingredient Metam-Sodium

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces that

EPA is withdrawing the Notice of Intent

to Cancel the registration of certain

pesticide products (Vaporooter A

Foaming Fumigant (EPA Reg. No. 9993–

1), Foam Coat Vaporooter (EPA Reg. No.

9993–2) and Sanafoam Vaporooter II

(EPA Reg. No 9993–3)) held by

Airrigation Engineering Company of

Pleasanton, CA. EPA approved the

amendments to the product registrations

to change the classification to restricted

use on March 1, 1996. The change in

classification became effective on March

1, 1996. Because the registrant has

complied with the measures specified in

the Agency’s Notice of Intent to Cancel,

EPA is withdrawing the Notice of Intent

to Cancel.

FOR FURTHER INFORMATION CONTACT: By

mail, Vivian Prunier, Review Manager,

Special Review Branch, Special Review

and Reregistration Division (7508W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Third floor, Westfield Building, 2800
24936 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices

Jefferson Davis Highway, Arlington, VA

(703)–308–8034.

SUPPLEMENTARY INFORMATION: In a

Federal Register Notice of September

21, 1994 (59 FR 48430), EPA announced

its intent to cancel the registrations of

certain pesticide products (Vaporooter

A Foaming Fumigant (EPA Reg. No.

9993–1), Foam Coat Vaporooter (EPA

Reg. No. 9993–2) and Sanafoam

Vaporooter II (EPA Reg. No. 9993–3))

held by Airrigation Engineering

Company of Pleasanton, CA. The

Agency took this action because

Airrigation Engineering Company failed

to comply with the Agency’s decision to

classify the products as restricted use

pesticides.

Under FIFRA section 3(d)(1)(C), the

Administrator may classify a pesticide

for restricted use if she determines that

the pesticide, when applied in

accordance with the directions for use,

warnings and cautions, or, in

accordance with widespread and

commonly recognized practice, may

generally cause unreasonable adverse

effects on the environment, unless

additional regulatory restrictions are

employed. Once classified for restricted

use, a product can be applied only by

or under the direct supervision of a

certified applicator (FIFRA sections

3(d)(1)(C), 12(a)(2)(F), 12(a)(2)(G).

EPA has published regulations that

establish procedures that EPA will

follow when classifying a product for

restricted use. Under 40 CFR

152.165(c)(2), the Agency may notify a

registrant that it has decided to classify

a pesticide as restricted use and require

the registrant to submit certain

information to comply with the

classification decision. If a registrant

fails to comply with this notification,

the Agency may initiate cancellation

proceedings.

The Agency determined that

restricted use classification for the use

of metam-sodium products in sewers is

required because of the elaborate and

complicated methods of applying this

pesticide and the potential for harmful

exposure. The basis for the Agency’s

determination is given in the September

21, 1994 Notice of Intent to Cancel. The

Airrigation Engineering Company

products identified above are metamsodium products used in sewers that are

subject to this classification

determination. On September 24, 1993,

EPA notified Airrigation Engineering

Company of its classification decision.

Airrigation Engineering Company

refused to comply with the Agency’s

requirement that the metam-sodium

products be classified as restricted use.

Because the only measure short of

cancellation that would reduce the risks

posed by these products to an

acceptable level was the restricted use

classification and because the registrant

would not voluntarily change the

classification of its products, the Agency

initiated cancellation proceedings.

The September 21, 1994 Notice of

Intent to Cancel announced that

cancellation could be avoided by

amending the registrations of the

products identified above to change

their classification to restricted use; the

change in classification for the

Airrigation Engineering Company

products would become effective at the

same time as the change in classification

of similar products whose registrants

had already agreed to the restricted use

classification. Alternatively, Airrigation

Engineering Company could request an

evidentiary hearing on the Agency’s

cancellation decision. Procedures for

requesting a hearing were given in the

September 21, 1994 Notice.

On November 7, 1994, Airrigation

Engineering Company submitted a

timely and effective hearing request.

During the course of the pre-hearing

proceedings, the registrant decided to

comply with the Agency’s classification

decision.

On March 1, 1996, the Agency

approved label amendments for the

products identified above to change

their classification to restricted use.

This Notice announces that

Airrigation Engineering Company has

complied with the Agency’s decision to

classify the products identified above as

restricted use products. Because

Airrigation Engineering Company took

the

steps to avoid cancellation which were

identified in the September 21, 1994

Notice, EPA is withdrawing its Notice of

Intent to Cancel the product

registrations identified above.

Dated: May 9, 1996.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 96–12476 Filed 5–16–96; 8:45 am]

BILLING CODE 6560–50–F

[OPP–30410; FRL–5367–6]

Woodstream Corporation; Applications

to Register Pesticide Products

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces receipt

of applications to register pesticide

products containing new active

ingredients not included in any

previously registered products pursuant

to the provisions of section 3(c)(4) of the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), as amended.

DATES: Written comments must be

submitted by June 17, 1996.

ADDRESSES: By mail, submit written

comments identified by the document

control number [OPP–30410] and the

file symbols (47629–R and 47629–E) to:

Public Response and Program Resources

Branch, Field Operations Divisions

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring comments to:

Environmental Protection Agency, Rm.

1132, CM #2, 1921 Jefferson Davis Hwy.,

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 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–

30410]. 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 submission

can be found below in this document.

Information submitted as a comment

concerning this notice may be claimed

confidential by marking any part or all

of that information as ‘‘Confidential

Business Information’’ (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 submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Rita Kumar, Biopesticides and

Pollution Prevention Division (7501W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. CS51B6, Westfield Building North

Tower, 2800 Crystal Drive, Arlington,

VA 22202, (703) 308–8291; e-mail:

kumar.rita@epamail.epa.gov.