[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Notices]
[Pages 55984-55985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27586]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181027; FRL 5570-4]


Chlorfenapyr; 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 Arizona 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide chlorfenapyr to treat up to 65,000 acres of 
lettuce to control 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 November 14, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181027,'' 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-181027]. 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

[[Page 55985]]

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 chlorfenapyr on lettuce to control BAW. Information in accordance 
with 40 CFR part 166 was submitted as part of this request. According 
to the Applicant, the BAW is a key pest in lettuce and has been most 
prevalent August through December. However, in recent years BAW has 
been causing crop damage due to infestations all season long. The BAW 
attacks leafy crops at emergence often causing severe crop loss. 
Infestations in the crop cycle will stunt growth, damage and 
contaminate the harvestible portion of the crop.
    There are currently nine registered active ingredients for use in 
lettuce and for control of BAW. However all of these products have 
questionable efficacy or labeled restrictions that prohibits their use 
at critical periods. Furthermore, almost all insecticide applications 
targeting BAW in lettuce now include Lannate methonmyl or Larvin 
thiodicarb. Lannate and Larvin are similar chemicals and the 
probability of resistance development given the pest and the products 
is very high. In 1995 growers reported failures with all product 
combinations. The failures resulted in significant crop lossess in 
Arizona due to stand reductions, slowed growth and unharvestible crop.
    Under the proposed exemption, a maximum of 3 consecutive 
application at a rate of 0.15 lb active ingredient [(a.i.,)] (9.5 fl 
oz.) per acre, not to apply more than 1.0 lb a.i. (64.0 fl oz) per acre 
per crop, would be applied. Do not apply the product within 3 days of 
harvest. Do allow at least 7 days between each application. Do not 
apply by ground within 25 feet or air within 75 feet of lakes, rivers, 
reservoirs, permanent streams, marshes or natural ponds, estuaries of 
fish farms.
    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), [etc., see 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-181027] (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 Arizona Department of Agriculture.

List of Subjects

    Environmental protection, pesticides and pests, emergency 
exemptions.

    Dated: October 10, 1996.

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

[FR Doc. 96-27586 Filed 10-29-96; 8:45 am]
BILLING CODE 6560-50-F