[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Notices]
[Pages 47576-47577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22494]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180980; FRL 4975-1]
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 issued specific exemptions of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, to Alabama
Department of Agriculture and Industries, Arkansas State Plant Board,
Louisiana Department of Agriculture and Forestry, and the Mississippi
Department of Agriculture and Commerce (hereafter referred to as the
``Applicants'') for use of the pesticide, Pirate to control tobacco
budworms in up to 2,000,000 acres in the south eastern cotton belt
region. 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 exemption. However, comments may still be submitted and will be
evaluated regarding the continuation of these exemptions.
DATES: Comments must be received on or before September 28, 1995.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180980,'' 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.
1128, 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
[[Page 47577]]
must be identified by the docket number [OPP-180980]. 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. 1128, 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; 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 Applicants have
requested the Administrator to issue specific exemptions for use of the
insecticide Pirate, available as Pirate 3SC from American Cyanamid
Company, to control tobacco budworms on up to 2,000,000 acres within
the south eastern cotton belt region. Information in accordance with 40
CFR part 166 was submitted as part of this request.
According to the Applicants, excessive economic losses will occur
if Pirate is not granted for use on cotton to control the tobacco
budworm (TBW) in these regions. The Applicants claim that there are no
other alternative pesticides to control this pest due to pyrethroid
resistance.
Under the uses requested and/or authorized in these specific
exemptions, Pirate was requested, a maximum of 4 applications of Pirate
may be applied at the rate of [0.2 to 0.35 lb active ingredient (ai/A)]
(8.53 to 14.93 fl. oz. of product) per acre using ground or aerial
equipment, in a minimum of 10 gallons per acre total volume by ground
or 5 gallons of spray solution per acre by air. A 5 to 7 day
application interval, and a 21-day preharvest interval must be
observed. The granted specific exemptions expire September 30, 1995.
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 proposing use of a
new chemical (i.e., an active ingredient not contained in any currently
registered pesticide) [40 CFR 166.24 (a)(1)]. Pirate is an unregistered
(new) chemical. 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-180980'' (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.
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 Pirate on
cotton.
List of Subjects
Environmental protection, Pesticides and pests, Crisis exemptions.
Dated: August 25, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-22494 Filed 9-12-95; 8:45 am]
BILLING CODE 6560-50-F
