[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Notices]
[Pages 55984-55985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27586]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181027; FRL 5570-4]
Chlorfenapyr; 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 Arizona
Department of Agriculture (hereafter referred to as the ``Applicant'')
to use the pesticide chlorfenapyr to treat up to 65,000 acres of
lettuce to control beet armyworm (BAW). 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 November 14, 1996.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181027,'' 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-181027]. 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
[[Page 55985]]
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 chlorfenapyr on lettuce to control BAW. Information in accordance
with 40 CFR part 166 was submitted as part of this request. According
to the Applicant, the BAW is a key pest in lettuce and has been most
prevalent August through December. However, in recent years BAW has
been causing crop damage due to infestations all season long. The BAW
attacks leafy crops at emergence often causing severe crop loss.
Infestations in the crop cycle will stunt growth, damage and
contaminate the harvestible portion of the crop.
There are currently nine registered active ingredients for use in
lettuce and for control of BAW. However all of these products have
questionable efficacy or labeled restrictions that prohibits their use
at critical periods. Furthermore, almost all insecticide applications
targeting BAW in lettuce now include Lannate methonmyl or Larvin
thiodicarb. Lannate and Larvin are similar chemicals and the
probability of resistance development given the pest and the products
is very high. In 1995 growers reported failures with all product
combinations. The failures resulted in significant crop lossess in
Arizona due to stand reductions, slowed growth and unharvestible crop.
Under the proposed exemption, a maximum of 3 consecutive
application at a rate of 0.15 lb active ingredient [(a.i.,)] (9.5 fl
oz.) per acre, not to apply more than 1.0 lb a.i. (64.0 fl oz) per acre
per crop, would be applied. Do not apply the product within 3 days of
harvest. Do allow at least 7 days between each application. Do not
apply by ground within 25 feet or air within 75 feet of lakes, rivers,
reservoirs, permanent streams, marshes or natural ponds, estuaries of
fish farms.
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), [etc., see 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-181027] (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 Arizona Department of Agriculture.
List of Subjects
Environmental protection, pesticides and pests, emergency
exemptions.
Dated: October 10, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-27586 Filed 10-29-96; 8:45 am]
BILLING CODE 6560-50-F
