[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: [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-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: [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 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:
    [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.
    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