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Oxytetracycline; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: March 29, 1995]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180965; FRL 4942-6]
 
Oxytetracycline; 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 specific exemption requests from the 
Michigan, Oregon and Washington Departments of Agriculture (hereafter 
referred to as the ``Applicant'') for use of the pesticide, 
[[Page 16133]] oxytetracycline, to control fire blight on apples for 
5,000 acres in Michigan, 4,340 acres in Oregon, and 3,000 acres in 
Washington State. In accordance with 40 CFR 166.24, EPA is soliciting 
public comment before making the decision whether or not to grant the 
exemption.

DATES: Comments must be received on or before April 13, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180965,'' should be submitted by mail to: Public 
Response and Human 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. 1128, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Information submitted in any comment concerning this notice may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information.'' 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 Confidential 
Business Information 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. 
1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, 
from 8 a.m. to 4 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Margarita Collantes, 
Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: 6th Floor, Crystal Station I, 
2800 Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8347; email: 
collantes.margarita@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 a specific exemptions for use of 
the bactericide, oxytetracycline, available as Terramycin (EPA Reg. No. 
618-104) from Merck and Company, to control fireblight on up to 5,000 
acres of apples in Michigan, 4,340 in Oregon and 3,000 in Washington 
State. Information in accordance with 40 CFR part 166 was submitted as 
part of this request.
    According to the Applicants, the bactericide commonly used to 
control fire blight has been streptomycin, however, apples have 
developed a resistance to streptomycin and have become susceptible to 
blight. None of the registered pesticides are effective against this 
disease and, without an effective control growers will incur 
significant economic losses during the 1995 growing season.
    Under the proposed exemptions, a maximum of five ground 
applications of Terramycin for Michigan, and a maximum of up to eight 
application for Oregon and Washington, would be made at 0.8 ounces to 
1.0 pound of product (50 to 100 gallons of a 200 ppm solution per 
acre). A 60-day preharvest interval will be observed.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 require that 
the Agency publish notice of receipt in the Federal Register and 
solicit public comment on an application for a specific exemption if an 
emergency exemption has been requested or granted for that use in any 3 
previous years, and a complete application for registration of that use 
has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions 
for the use of oxytetracycline on apples have been requested and 
granted for the past 4 years, and an application for registration of 
this use has not been submitted to the Agency.
    Accordingly, interested persons may submit written views on this 
subject to the Field Operations Division at the address above. The 
Agency will review and consider all comments received during the 
comment period in determining whether to issue the emergency exemptions 
requested by the Michigan, Oregon and Washington Departments of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: March 22, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-7717 Filed 3-28-95; 8:45 am]
BILLING CODE 6560-50-F

 
 

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