[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: [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-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.M[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 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:
    [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 

[[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