[Federal Register Volume 60, Number 130 (Friday, July 7, 1995)]
[Notices]
[Pages 35395-35396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16555]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180974; FRL 4957-8]


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 received a specific exemption request from the Alabama 
Department of Agriculture and Industries, Mississippi Department of 
Argiculture and Commerce, Tennessee Department of Agriculture, 
Louisiana Department of Agriculture and Forestry, and the Arkansas 
Plant Board (hereafter referred to as the ``Applicants'') for use of 
the pesticides, Pirate and Tebufenozide to control beet armyworms (BAW) 
on up to 2,125,000 acres in the southeastern region of the cotton belt. 
In accordance with 40 CFR 166.24, EPA is soliciting public comment 
before making the decision whether or not to grant these exemptions.

DATES: Comments must be received on or before July 24, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180974,'' should be submitted by mail to: Public 
Response and Human 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: [email protected]. 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-180974]. 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; e-mail: 
[email protected].

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 a specific 
exemption for use of the insecticides pirate, available as Pirate 3SC 
from American Cyanamid Co., and tebufenozide, available as Confirm 2F 
from Rohm & Haas Co., to control beet armyworms (BAW) on up to 
2,125,000 acres of cotton in the southeastern region of the cotton belt 
due to an inadequate supply of both. (American Cyanamid has indicated 
that it can potentially supply enough pirate to treat approximately 
500,000 acres. Rohm & Haas estimates supplies of Confirm 2F being 
sufficient to treat approximately 350,000 acres.) Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    According to the Applicants, the beet armyworm (BAW) has 
historically been an occasional or sporadic pest of cotton in these 
southern states. In recent years, statewide yield losses have totaled 
into the millions of dollars and unsuccessful control attempts have 
costs growers additional millions. Damage in 1994 was not as widespread 
and severe due to the fact that the BAW is a hot, dry weather pest and 
the cooler and wetter conditions in 1994 may have prevented further 
widespread infestations. Several insecticides (chlorpyrifos, 
thiodicarb, profenofos, sulprofos and diflubenzuron) are currently 
registered and recommended for BAW control. However, based on field 
experiences over a 6-year period (1988-93) and research trials, none 
provide the level of control necessary against high populations to be 
economically or biologically acceptable. Entomologists, growers and 
consultants recognize that the best control for BAW's is the 
utilization of naturally occurring parasites and predators. However, 
due to economically damaging levels of other insects such as boll 
weevils, aphids, plant bugs, bollworms and budworms, growers have no 
alternative but to apply insecticides (extremely toxic phosphates) for 
control of these insects. When this occurs, naturally occurring 
parasites and predators are destroyed.
    In 1995, the areas of greatest concern are those that are in the 
initial years of the boll weevil eradication program (BWEP). It has 
been noted that the most destructive BAW damage has occurred in areas 
where the highest number of phosphate insecticide application were 
being applied to control boll weevils. This program expanded in August 
of 1994. Each planted acre in this area will likely require multiple 
malathion applications for boll weevils control. Therefore, little 
usage can be made of naturally occurring parasites and predators during 
the 1995 season. Therefore, Alabama, Louisiana, Mississippi, Tennessee, 
and Arkansas are requesting emergency exemptions for the use of Pirate 
3SC and Confirm 2F based on the following; (1) BAW outbreaks are 
increasing in number and intensity throughout the southeastern area of 
the cotton belt, (2) the BAW is not effectively controlled with 
insecticides currently available, (3) cotton producers cannot afford 
the yield losses and control costs associated with presently available 
insecticides, (4) insecticide use would be drastically reduced if an 
effective insecticide was available, and (5) phermone trap catches 
currently indicate the presence of BAW in southeastern region of cotton 
belt.
    Under the proposed exemptions, Pirate may be applied at the rate of 
0.15 to 0.2 lbs a.i./A (8.53 fl. oz.) of the 3SC formulation per acre, 
and Confirm may be applied at the rate of 0.125 to 0.250 lbs a.i./A (8 
to 16 fl. ozs) of product per acre. Pirate or Confirm may be applied 
using ground or aerial application equipment, in a minimum of 10 
gallons 

[[Page 35396]]
per acre total volume by ground or 5 gallons of spray solution per acre 
by air.
    Alabama's and Mississippi's 1994 requests for the use of Pirate to 
control the BAW on cotton were denied due to the risk of unreasonable 
adverse effects to non-target birds, aquatic organisms and the 
environment. Alabama has proposed a 75 foot buffer between cotton 
fields treated with Pirate and aquatic areas to mitigate these 
concerns.
    Tebufenozide, as either the technical or the 2F formulation, 
produces minimal to no toxicity following acute exposures. Following 
subchronic or chronic exposure, tebufenozide does produce organ 
toxicity after multiple exposures at high doses to laboratory animals. 
The primary target organ for toxicity is the hemopoietic system and the 
toxicity was characterized as a regenerative anemia. Tebufenozide 
produced marginal reproductive effects following multiple exposures of 
very high doses to rats and was found to be moderately toxic to aquatic 
and aquatic invertebrate organisms and highly toxic to oysters.
    This notice does not constitute a decision by EPA on the 
applications themselves. 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 a new chemical.
     A record has been established for this notice under docket number 
``[OPP-180974]'' (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:
    [email protected]


    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 will review and consider all comments received during the 
comment period in determining whether to issue the emergency exemption 
requested by the Alabama Department of Agriculture, Mississippi 
Department of Agriculture and Commerce, Louisiana Department of 
Agriculture and Forestry, Tennessee Department of Agriculture and the 
Arkansas State Plant Board.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: June 23, 1995.

Peter Caulkins
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-16555 Filed 7-6-95; 8:45 am]
BILLING CODE 6560-50-F