Subject: Thymol and Eucalyptus Oil; Receipt of Application

ENVIRONMENTAL PROTECTION AGENCY
[OPP-2002-0267; FRL-7276-2]

Thymol and Eucalyptus Oil; 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 specific exemption request from the Maine
Department of Agriculture, Food, and Rural Resources to use the
pesticide thymol and eucalyptus oil (CAS numbers 89-83-8 and 8000-48-4,
respectively) to treat up to 13,000 hives of honey and beeswax to
control Varroa mite. The Applicant proposes the use of the new
chemical, eucalyptus oil which has not been registered by EPA and the
Applicant proposes a first food use of thymol. EPA is soliciting public
comment before making the decision whether or not to grant the
exemption.

DATES: Comments, identified by docket ID number OPP-2002-0267, must be
received on or before November 8, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-6463; fax number: (703) 308-5433; e-mail address:
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SUPPLEMENTARY INFORMATION:

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II. Background

A. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a federal or state agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. The Maine Department of
Agriculture, Food, and Rural Resources has requested the Administrator
to issue a specific exemption for the use of thymol and eucalyptus oil
on honey and beeswax to control Varroa mite. Information in accordance
with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that Varroa mites
were first detected in Maine in November of 1987. Since 1988,
beekeepers have treated their colonies with fluvalinate to control
Varroa. Varroa mite resistance to fluvalinate is widespread in Maine.
In 1999, a section 18 emergency exemption was granted by EPA for the
treatment of Varroa and the small hive beetle. During the fall of 2001,
a Florida-Maine migratory beekeeping operation was determined to have
Varroa with resistance to coumaphos and fluvalinate. Maine produced
231,000 pounds of honey in 2000 valued at $173,000 wholesale. The honey
bee and beekeeping industry is essential for crop pollination. Maine is
the primary producer of blueberries in the world, an industry that
contributes $75 - 100 million to the state's annual economy. Honey bees
also pollinate the state's apple crop and other fruits and vegetables
with an estimated value of over $30 million per year.
    The Applicant proposes to treat 13,000 hives in late summer or fall
at least 5 months prior to harvesting the honey. A maximum of 26,000
tablets weighing 11 grams each will be used.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption proposing use of a new chemical (i.e., an active
ingredient) which has not been registered by EPA, as well as a first
food use of a chemical. The notice provides an opportunity for public
comment on the application.
    The Agency, will review and consider all comments received during
the comment period in determining whether to issue the specific
exemption requested by the Maine Department of Agriculture, Food, and
Rural Resources.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 6, 2002.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02-27129 Filed 10-23-02; 8:45 am]
BILLING CODE 6560-50-S