[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Pages 51451-51453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25228]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181022; FRL 5390-5]
Pirate; 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
California
[[Page 51452]]
Department of Pesticide Regulation (hereafter referred to as the
``Applicant'') to use the pesticide Pirate to treat up to 10,000 acres
of cotton in Kern County to control spider mites. The Applicant
proposes the use of a new (unregistered) chemical. Therefore, 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 October 17, 1996.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181022,'' 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 sending
electronic mail (e-mail) to: 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. 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-181022]. 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 a.m. to 4:30 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: Floor 6, Crystal Station #1, 2800
Jefferson Davis Highway, Arlington, VA, (703) 308-8347; e-mail:
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 exemption for the use
of Pirate on cotton to control spider mites. Information in accordance
with 40 CFR part 166 was submitted as part of this request.
According to the Applicant, spider mites are currently causing
widespread damage to cotton throughout California, particularly in the
southern San Joaquin County. In 1995, and again in 1996, California
experienced unusually heavy rainfall with very wet spring weather. The
wet spring weather contributed to an increase in outlying weeds and
plants that serve as host for large lygus and aphid populations. As
host plants dry out, these pests migrate to adjacent cotton fields.
Broad spectrum insecticides are used to control large lygus and aphid
populations.
Use of these insecticides destroy populations of mite predators,
primarily thrips and big-eyed bugs, that normally maintain mite
populations below the economic thresholds. Without the benefit of mite
predators, additional acracides must be used to control the exploding
mite populations. Furthermore, insecticides which previously provided a
degree of control failed to regulate the exceptionally high mite
populations which lead to development of resistance to currently
labeled materials. There are no products with an alternative mode of
action for controlling mites. By using Alert the high probability of
resistance occurring with the remaining miticides will be reduced.
The use of Pirate to control the beet armyworm and tobacco budworm
on cotton have been issued to most of the states within the southern
cotton belt region this year. In an effort to mitigate risk to
Federally-listed threatened and endangered species from potentially
harmful exposure to Pirate, specific directions, restrictions,
precautions and monitoring for wildlife mortality were required.
Under the proposed exemption, Pirate (Alert/AC) may be applied to
late season cotton (12''< tall)="" at="" a="" rate="" of="" 0.12="" to="" 0.2="" lbs.="" active="" ingredient="" [(a.i.)]="" (8="" to="" 13="" fl.="" ozs="" of="" product)="" per="" acre="" by="" ground="" or="" air="" equipment.="" not="" to="" apply="" more="" then="" 67.2="" fl.="" oz.="" (1.05="" lbs.="" a.i.,="" per="" acre="" per="" year).="" a="" reentry="" interval="" of="" 12="" hours="" and="" a="" preharvest="" interval="" of="" 21="" days="" must="" be="" observed.="" this="" notice="" does="" not="" constitute="" a="" decision="" by="" epa="" on="" the="" application="" itself.="" the="" regulations="" governing="" section="" 18="" 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="" not="" contained="" in="" any="" currently="" registered="" pesticide),="" in="" accordance="" with="" 40="" cfr="" 166.24.="" such="" notice="" provides="" for="" opportunity="" for="" public="" comment="" on="" the="" application.="" a="" record="" has="" been="" established="" for="" this="" notice="" under="" docket="" number="" [opp-181022]="" (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,="" 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 Field Operations Division at the address above.
The Agency, accordingly, will review and consider all comments
received during the comment period in determining whether to issue the
emergency exemption requested by the California Department of Pesticide
Regulation.
[[Page 51453]]
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: September 26, 1996.
Susan Lewis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-25228 Filed 10-1-96; 8:45 am]
BILLING CODE 6560-50-F
