[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Notices]
[Pages 7514-7515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4030]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180991; FRL 5348-5]
Chlorfenypr; 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 Texas
Department of Agriculture (hereafter referred to as the ``Applicant'')
to use the pesticide chlorfenpyr to treat up to 1.8 million acres of
cotton to control the 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 March 14, 1996.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180991,'' 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-180991]. 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 #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 chlorfenpyr on cotton to control beet armyworm. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
According to the Applicant, three primary factors have brought
about this situation. These are: (1) the resistance to registered
alternative pesticides causing control failures when these products are
applied on cotton to control BAW; (2) the weather conditions consisting
of mild winters and unusually dry hot weather were conducive to a BAW
outbreak, and (3) BAW infesting cotton in unusually large numbers. The
yield losses due to infestations of beet armyworms in cotton on a field
by field basis have ranged from 0 percent with light populations to 100
percent, due to the crop being completely devoured or the grower
abandoning the field. Combining estimates from the Texas Agricultural
Extension Entomologists from the various areas of infestation, at least
40 percent yield losses may occur on approximately 35 percent of the
cotton acreage in the requested sites. These yield losses will result
in significant economic losses for the cotton producers.
Under the proposed exemptions, Pirate 3SC may be applied no more
than 2 applications during the growing season, not to exceed the rate
of 0.4 lbs a.i. (17.06 fluid ozs.) per acre using ground or aerial
equipment.
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), [40 CFR 166.24
(a)(1). Such notice provides for opportunity for public comment on the
application.
A record has been established for this notice under docket number
[OPP-180991] (including comments and data
[[Page 7515]]
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 Texas Department of Agriculture.
List of Subjects
Environmental protection, pesticides and pests, emergency
exemptions.
Dated: February 9, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-4030 Filed 2-27-96; 8:45 am]
BILLING CODE 6560-50-F
