[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Pages 51451-51453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25228]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181022; FRL 5390-5]


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 a specific exemption request from the 
California

[[Page 51452]]

Department of Pesticide Regulation (hereafter referred to as the 
``Applicant'') to use the pesticide Pirate to treat up to 10,000 acres 
of cotton in Kern County to control spider mites. 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 October 17, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181022,'' 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-181022]. 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 a specific exemption for the use 
of Pirate on cotton to control spider mites. Information in accordance 
with 40 CFR part 166 was submitted as part of this request.
    According to the Applicant, spider mites are currently causing 
widespread damage to cotton throughout California, particularly in the 
southern San Joaquin County. In 1995, and again in 1996, California 
experienced unusually heavy rainfall with very wet spring weather. The 
wet spring weather contributed to an increase in outlying weeds and 
plants that serve as host for large lygus and aphid populations. As 
host plants dry out, these pests migrate to adjacent cotton fields. 
Broad spectrum insecticides are used to control large lygus and aphid 
populations.
    Use of these insecticides destroy populations of mite predators, 
primarily thrips and big-eyed bugs, that normally maintain mite 
populations below the economic thresholds. Without the benefit of mite 
predators, additional acracides must be used to control the exploding 
mite populations. Furthermore, insecticides which previously provided a 
degree of control failed to regulate the exceptionally high mite 
populations which lead to development of resistance to currently 
labeled materials. There are no products with an alternative mode of 
action for controlling mites. By using Alert the high probability of 
resistance occurring with the remaining miticides will be reduced.
    The use of Pirate to control the beet armyworm and tobacco budworm 
on cotton have 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 (Alert/AC) may be applied to 
late season cotton (12''< tall) at a rate of 0.12 to 0.2 lbs. active 
ingredient [(a.i.)] (8 to 13 fl. ozs of product) per acre by ground or 
air equipment. Not to apply more then 67.2 fl. oz. (1.05 lbs. a.i., per 
acre per year). A reentry interval of 12 hours and a preharvest 
interval of 21 days must be observed.
    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), in accordance 
with 40 CFR 166.24. Such notice provides for opportunity for public 
comment on the application.
    A record has been established for this notice under docket number 
[OPP-181022] (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 exemption requested by the California Department of Pesticide 
Regulation.


[[Page 51453]]



List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: September 26, 1996.

Susan Lewis,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-25228 Filed 10-1-96; 8:45 am]
BILLING CODE 6560-50-F