[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Notices]
[Pages 13375-13376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7061]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-181040; FRL 5596-5]


Carbofuran; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received a specific exemption request from the Texas 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide flowable Carbofuran [(Furadan 4F Insecticide/
Nematicide)] (EPA Reg. No. 279-2876) to treat up to 1.8 million acres 
of cotton to control cotton aphids. The Applicant proposes 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 April 4, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181040,'' 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-181040]. 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

[[Page 13376]]

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: David Deegan, 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) 308-8327; 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 Applicant has 
requested the Administrator to issue a specific exemption for the use 
of carbofuran on cotton to control aphids. Information in accordance 
with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that the state of 
Texas is likely to experience a non-routine infestation of aphids 
during the 1997 cotton growing season. The Applicant further claims 
that, without a specific exemption of FIFRA for the use of flowable 
carbofuran on cotton to control cotton aphids, cotton growers in much 
of the state will suffer significant economic losses. The Applicant 
also details a use program 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 Applicant proposes to make no more than two applications of 
flowable carbofuran on cotton 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 (April 1, 1997 until September 30, 1997) in Texas would be 0.5 
lb. a.i. (16 fluid oz.) per acre. The Applicant proposes that the 
maximum acreage which could be treated under the requested exemption 
would be 1.8 million acres. If all acres were treated at the maximum 
proposed rates, then 900,000 lbs. a.i. (225,000 gallons Furadan 4F 
Insecticide/Nematicide) would be used.
    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 to 
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-1810040] (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.

    Dated: March 13, 1997.

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

[FR Doc. 97-7061 Filed 3-19-97 8:45 am]
BILLING CODE 6560-50-F