[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Notices]
[Pages 7514-7515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4030]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180991; FRL 5348-5]


Chlorfenypr; 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 Texas 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide chlorfenpyr to treat up to 1.8 million acres of 
cotton to control the beet armyworm (BAW). The Applicant proposes the 
use of a new (unregistered) chemical. Therefore, 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 March 14, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180991,'' should be submitted by mail to: Public 
Response and Program 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-180991]. 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: Floor 6, Crystal Station #1, 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 Applicant has 
requested the Administrator to issue a specific exemption for the use 
of chlorfenpyr on cotton to control beet armyworm. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    According to the Applicant, three primary factors have brought 
about this situation. These are: (1) the resistance to registered 
alternative pesticides causing control failures when these products are 
applied on cotton to control BAW; (2) the weather conditions consisting 
of mild winters and unusually dry hot weather were conducive to a BAW 
outbreak, and (3) BAW infesting cotton in unusually large numbers. The 
yield losses due to infestations of beet armyworms in cotton on a field 
by field basis have ranged from 0 percent with light populations to 100 
percent, due to the crop being completely devoured or the grower 
abandoning the field. Combining estimates from the Texas Agricultural 
Extension Entomologists from the various areas of infestation, at least 
40 percent yield losses may occur on approximately 35 percent of the 
cotton acreage in the requested sites. These yield losses will result 
in significant economic losses for the cotton producers.
    Under the proposed exemptions, Pirate 3SC may be applied no more 
than 2 applications during the growing season, not to exceed the rate 
of 0.4 lbs a.i. (17.06 fluid ozs.) per acre using ground or aerial 
equipment.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 require 
publication of a notice of receipt of 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). Such notice provides for opportunity for public comment on the 
application.
    A record has been established for this notice under docket number 
[OPP-180991] (including comments and data 

[[Page 7515]]
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 Resource 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, accordingly, will review and consider all comments 
received during the comment period in determining whether to issue the 
emergency exemption requested by the Texas Department of Agriculture.

List of Subjects

    Environmental protection, pesticides and pests, emergency 
exemptions.

Dated: February 9, 1996.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-4030 Filed 2-27-96; 8:45 am]
BILLING CODE 6560-50-F