[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Notices]
[Pages 40584-40585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19667]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180978; FRL 4969-1]
Carbofuran; Notice of Issuances and Receipt of Application for
Emergency Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has issued specific exemptions of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, to the Texas
Department of Agriculture, the Oklahoma Department of Agriculture, and
the Mississippi Department of Agriculture and Commerce (hereafter
referred to as the ``Applicants'') for use of the insecticide, flowable
carbofuran, to control aphids on cotton. Due to the unique nature of
these emergency situations, in which the time to review the conditions
of these situations was short, it was not possible to issue a
solicitation for public comment, in accordance with 40 CFR 166.24,
prior to the Agency's decision to grant these exemptions. EPA is also
announcing the receipt of a request from the Louisiana Department of
Agriculture and Forestry for an emergency exemption to use flowable
carbofuran on 300,000 acres of cotton.
DATES: EPA is waiving the public comment period, as allowed in 40 CFR
166.24, due to the short period of time available with which to review
this situation and render a timely decision. However, comments may
still be submitted and will be evaluated.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180978,'' 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, D.C. 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-180978]. 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: Dave Deegan, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office
location and telephone number: 6th Floor, Crystal Station I, 2800
Jefferson Davis Highway, Arlington VA, (703) 308-8417; Internet
address: deegan.dave@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 Applicants requested
that the Administrator issue specific exemptions for the use of the
insecticide, carbofuran, formulated as Furadan 4F Insecticide-
Nematicide, EPA Reg. No. 279-2876, manufactured by FMC Corporation, to
control aphids. Information in accordance with 40 CFR part 166 was
submitted as part of these requests.
According to the Applicants, carbofuran is the only insecticide
that could provide effective control of aphids. The applicants
submitted data indicating that other currently registered insecticides
either are showing signs of diminishing efficacy due to development of
resistance in pest populations, or whose efficacy is not consistently
reliable enough to control this pest infestation.
Under the uses requested and/or authorized in these specific
exemptions, Furadan 4F was requested to be used at a rate of 0.25 lb.
of active ingredient (a.i.) per acre per application, applied as a
foliar spray using ground or aerial equipment. A maximum of two
applications per acre were requested. If two applications are made, a
maximum total rate of 0.5 lbs. of carbofuran may not be exceeded per
acre.
Under the exemptions which have been granted, the Texas Department
of Agriculture was authorized use of up to 100,000 lbs. of carbofuran
to treat up to 400,000 acres of cotton; the Oklahoma Department of
Agriculture was authorized use of up to 10,000 lbs. of carbofuran to
treat up to 40,000 acres of cotton; and the Mississippi Department of
Agriculture and Commerce was authorized use of up to 50,000 lbs. of
carbofuran to treat up to 200,000 acres of cotton. These states were
granted use of these amounts of carbofuran following the requested
application rates.
The granted specific exemptions expire on September 15, 1995. In
the event that it is granted, the proposed exemption from Louisiana
would expire on September 15, 1995 as well.
The regulations governing section 18 [40 CFR 166.24(a)(5)] require
that the Agency publish a notice of receipt in the Federal Register and
solicit public comment on an application for a specific exemption if
the applicant proposes use of a chemical which has been the subject of
a special review within the Agency. In the case of these states', and
the situation found in their cotton producing areas, there was not
adequate time to publish a notice of receipt and solicit public
comments on these applications prior to the Agency reviewing the
submitted data, and making and issuing its decisions. Therefore, as
allowed for by 40 CFR 166.24(c), the comment period following a notice
of receipt was eliminated, since the time available to make a decision
required this.
A record has been established for this notice under docket number
``[OPP-180978]'' (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
[[Page 40585]]
(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.
Interested persons are still invited to submit written views on
this subject to the Field Operations Division at the address above. The
Agency will review and consider all comments received regarding
continuance of these emergency exemptions for the use of carbofuran on
cotton.
List of Subjects
Environmental Protection, Pesticides and pests, Crisis exemptions.
Dated: July 28, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-19667 Filed 8-8-95; 8:45 am]
BILLING CODE 6560-50-F
