[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Notices]
[Pages 38335-38337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18254]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180976; FRL 4967-2]
Lactofen; Receipt of Application for Emergency Exemption,
Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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[[Page 38336]]
SUMMARY: EPA has received a specific exemption request from the Florida
Department of Agriculture Consumer Services (hereafter referred to as
the ``Applicant'') for use of the pesticide, lactofen (Cobra
Herbicide), to control nightshade Solanum spp. and parthenium
Parthenium spp. on up to 10,000 acres of row middle tomatoes and 5,000
acres of row middle green peppers in Florida. 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 August 10, 1995.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180976,'' should be submitted by mail to: Public
Response and Program Resources 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-180976]. 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: 6th Floor, Crystal Station I,
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8347; Internet
address: 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 use of
the herbicide, lactofen, available as Cobra from Valent USA
Corporation, to control nightshade and parthenium on up to 10,000 acres
of row middle tomatoes and 5,000 acres of row middle green peppers in
Florida. Information in accordance with 40 CFR part 166 was submitted
as part of this request.
According to the Applicant, the use of registered alternatives,
Paraquat and Diquat herbicides, has led to the development of different
biotypes of nightshade in Florida. Researchers have shown that
nightshade has developed a tolerance to postemergence applications of
both Diquat and Paraquat. There are no preemergence herbicides labeled
in tomatoes or green peppers which control nightshade. Enquik, provides
some postemergence burndown of nightshade, however, control is
incomplete and regrowth can occur quite rapidly. In addition, Enquik is
highly corrosive and requires special application equipment, resulting
in limited use potential.
Loss of yields can be due to allelopathic affect from nightshade,
direct competition for water and nutrients from both weed species, and
interference in crop harvest from both weed species. Finally and most
importantly, nightshade is an excellent host of the poinsettia strain
of silverleaf whitefly. Silverleaf whitefly causes irregular ripening
and is a vector for gemini virus in tomatoes. Institute of Food and
Agriculture Scientists (IFAS) have shown that gemini virus can reduce
tomato yields up to 60 percent. They believe that the use of Cobra
herbicide will control nightshade and parthenium which should result in
tomato and green pepper estimated net and gross revenues falling within
the previous 5 year averages.
Under the proposed exemption, a maximum of two applications per
crop would be made at [0.3 to 0.5 lbs of active ingredient (a.i.)] (19
to 32 fl. ozs. per acre) as a preemergence and/or postemergence
application. Not to apply within 30 days of harvest. Reentry to treated
acres without protective clothing is not allowed until spray has dried.
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 Lactofen on tomatoes and green peppers have been
requested and granted for the past 3 years, and an application for
registration of this use has not been submitted to the Agency.
A record has been established for this notice under docket number
``[OPP-180976]'' (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 Resources 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
[[Page 38337]]
address above. The Agency will review and consider all comments
received during the comment period in determining whether to issue the
emergency exemption requested by the Florida Department of Agriculture
and Consumer Services.
List of Subjects
Environmental protection, Pesticides and pests, Crisis exemptions.
Dated: July 13, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-18254 Filed 7-25-95; 8:45 am]
BILLING CODE 6560-50-F
