[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38447-38448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18393]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181018; FRL 5384-5]


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 specific exemption requests from the 
Tennessee Department of Agriculture (hereafter referred to as the 
``Applicant'') to use the pesticide Pirate to treat up to 1,000,000 
acres of cotton to control the beet armyworm (BAW). The Applicant 
proposes the use of a new (unregistered) chemical [40 CFR 
166.24(a)(1)]. 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 August 8, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181018,'' 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-181018]. 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: 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 specific exemptions for the use of 
Pirate on cotton to control the beet armyworm. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    According to the Applicant, the rationale for requesting this 
emergency exemption is based on Pirate's proven ability to be effective 
against the the

[[Page 38448]]

BAW and the inability of the currently available insecticides to 
control the BAW. Boll weevil pheromone trap catches this spring 
indicate a very high population of overwintered boll weevils in West 
Virginia. Although the possibility of the BAW overwintering in West 
Tennessee is small, the summer generation of BAW have been known to 
disperse several hundred miles in wind currents from the south. 
Therefore, if hot, dry growing season occurs in 1996 it appears that 
the BAW infestations are likely to occur in Tennessee.
    The use of pirate to control the BAW has been issued to most of the 
states within the southern cotton belt region this year. In an effort 
to mitigate risk to Federally-listed threatened and endangered species 
from potentially harmful exposure to Pirate, specific directions, 
restrictions, precautions and monitoring for wildlife mortality were 
required.
    Under the proposed exemption, Pirate 3SC may be applied at a 
maximum rate of 1.5 to 2.0 lbs. active ingredient (a.i.) per acre (6.4 
to 8.53 fl. ozs.) for control of the BAW, using ground or aerial 
application equipment in a minimum of 10 gallons per acre total volume 
by ground, or 5 gallons of spray solution per acre by air.
    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)]. Pirate 3SC is an unregistered chemical. Such notice 
provides for opportunity for public comment on the application.
    A record has been established for this notice under docket number 
[OPP-181018] (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 Tennessee Department of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: June 11, 1996.

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

[FR Doc. 96-18393 Filed 7-23-96; 8:45 am]
BILLING CODE 6560-50-F