[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10055-10056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5306]



[[Page 10055]]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181033; FRL 5591-1]


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 Texas 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide chlorfenapyr (CAS 122453-73-0), formulated as 
Pirate 3SC, 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 20, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181033,'' 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-181033]. 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 8:30 a.m. to 4 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration 
Division (7505W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number and e-mail: Floor 6, Crystal Station #1, 
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8791; 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 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. 
Yield losses due to infestations of beet armyworms in cotton 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 exemption, chlorfenapyr may be applied at a rate 
of 0.2 lb. a.i. per acre, with no more than 2 applications during the 
growing season, not to exceed the rate of 0.4 lb. a.i. per acre using 
ground or aerial equipment. If all 1.8 million acres are treated at 
this maximum rate, this could potentially result in a total use of 
720,000 lb. a.i., or 239,907 gal. of product.
    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-181033] (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 8:30 a.m. 
to 4 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.


[[Page 10056]]


    Dated: February 25, 1997.

Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 97-5306 Filed 3-4-97 8:45 am]
BILLING CODE 6560-50-F