[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
[Notices]
[Pages 24493-24494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12078]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181012; FRL 5368-5]


Carbofuran; 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 specific exemption requests from the 
Louisiana Department of Agriculture and Forestry, and from the Oklahoma 
Department of Agriculture (hereafter referred to as the ``Applicants'') 
to use the pesticide flowable Carbofuran (Furadan 4F Insecticide/
Nematicide) (EPA Reg. No. 279-2876) to treat up to 750,000 acres of 
cotton in Louisiana, and up to 148,000 acres of cotton in Oklahoma, to 
control cotton aphids. The Applicants propose the use of a chemical 
which has been the subject of a Special Review within EPA's Office of 
Pesticide Programs, and the proposed use could pose a risk similar to 
the risk assessed by EPA under the Special Review of granular 
carbofuran. 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 May 30, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181012,'' 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-181012]. 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 No. 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: David Deegan, 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) 308-8327; 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 that the Administrator issue specific exemptions for the use 
of carbofuran on cotton to control aphids.
    Information in accordance with 40 CFR part 166 was submitted as 
part of these requests. As part of these requests, the Applicants 
assert that the states of Louisiana and Oklahoma are likely to 
experience nonroutine infestations of aphids during the 1996 cotton 
growing season. The applicants further claim that, without specific 
exemptions of FIFRA for the use of flowable carbofuran on cotton to 
control cotton aphids, cotton growers in much of these states will 
suffer significant economic losses. The applicants also detail use 
programs designed to minimize risks to pesticide handlers and 
applicators, non-target organisms (both Federally-listed endangered 
species, and non-listed species), and to reduce the possibility of 
drift and runoff.
    The applicants propose to make no more than two applications at the 
rate of 0.25 lb. active ingredient [(a.i.)] (8 fluid oz.) in a minimum 
of 2 gallons of finished spray per acre by air, or 10 gallons of 
finished spray per acre by ground application. The total maximum 
proposed use during the 1996 growing season (Louisiana proposes a use 
season of June 01, 1996 until September 30, 1996; Oklahoma proposes a 
use season from July 10, 1996 until October 15, 1996) would be 0.5 lb. 
a.i. (16 fluid oz.) per acre. The applicants propose that the maximum 
acreage which could be treated under the requested exemptions would be 
750,000 acres (Louisiana) and 148,000 acres (Oklahoma). If all acres

[[Page 24494]]

were treated at the maximum proposed rates, then 375,000 lbs. a.i. 
would be used in Louisiana, and 74,000 lbs. a.i. would be used in 
Oklahoma.
    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 chemical (i.e., an active ingredient) 
which has been the subject of a Special Review within EPA's Office of 
Pesticide Programs, and the proposed use could pose a risk similar the 
risk assessed by EPA under the previous Special Review. Such notice 
provides for opportunity for public comment on the application.
    A record has been established for this notice under docket number 
[OPP-181012] (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 
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 exemptions requested by the Louisiana Department of 
Agriculture and Forestry, and from the Oklahoma Department of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: May 1, 1996.

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

[FR Doc. 96-12078 Filed 5-14-96; 8:45 am]
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