[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Notices]
[Pages 23460-23461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11020]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181044; FRL 5713-4]


Carbofuran; 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 
Mississippi Department of Agriculture and Commerce, and from the 
Louisiana Department of Agriculture and Forestry (hereafter referred to 
as the ``Applicants'') to use the pesticide flowable Carbofuran 
(Furadan 4F Insecticide/Nematicide) (EPA Reg. No.

[[Page 23461]]

279-2876) to treat up to 1 million acres of cotton in Mississippi and 
to treat up to 1 million acres of cotton in Louisiana, to control 
cotton aphids. The Applicants propose the use of a chemical which has 
been the subject of a Special Review within EPA's Office of Pesticide 
Programs. The granular formulation of carbofuran was the subject of a 
Special Review between the years of 1986 - 1991, which resulted in a 
negotiated settlement whereby most of the registered uses of granular 
carbofuran were phased out. While the flowable formulation of 
carbofuran is not the subject of a Special Review, EPA believes that 
the proposed use of flowable carbofuran on cotton 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 May 15, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181044,'' 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 following 
the instructions under ``SUPPLEMENTARY INFORMATION'' of this document. 
No Confidential Business Information (CBI) should be submitted through 
e-mail.
    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: David Deegan, 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) 308-8327; 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 Applicants have 
requested the Administrator to issue specific exemptions for the use of 
carbofuran on cotton to control aphids. Information in accordance with 
40 CFR part 166 was submitted as part of these requests. As part of 
these requests, the Applicants assert that the states of Mississippi 
and Louisiana are likely to experience nonroutine infestations of 
aphids during the 1996 cotton growing season. The Applicants further 
claim that, without specific exemptions of FIFRA for the use of 
flowable carbofuran on cotton to control cotton aphids, cotton growers 
in much of these states will suffer significant economic losses. The 
Applicants also detail use programs designed to minimize risks to 
pesticide handlers and applicators, nontarget organisms (both 
Federally-listed endangered species, and nonlisted species), and to 
reduce the possibility of drift and runoff.
    The Applicants propose to make no more than two applications at the 
rate of 0.25 lbs. 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 1997 growing season (Mississippi proposes a use 
season from the date of EPA issuance until September 15, 1997; 
Louisiana proposes a use season beginning June 1, 1997 until September 
30, 1997) would be 0.5 lbs. a.i., (16 fluid oz.) per acre. The 
Applicants propose that the maximum acreage which could be treated 
under the requested exemptions would be 1 million acres in each state. 
If all acres were treated at the maximum proposed rates, then 500,000 
lbs. a.i. would be used in each state.
    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.
    The official record for this notice, as well as the public version, 
has been established for this notice under docket number [OPP-181044] 
(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 official notice 
record is located at the address in ``ADDRESSES'' at the beginning of 
this document.
    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. Comment and data 
will also be accepted on disks in Wordperfect 5.1 file format or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket number [OPP-181044]. Electronic comments on 
this notice may be filed online at many Federal Depository Libraries.
    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 Mississippi Department of 
Agriculture and Commerce, and by the Louisiana Department of 
Agriculture and Forestry.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.


    Dated: April 18, 1997.

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

[FR Doc. 97-11020 Filed 4-29-97; 8:45 am]
BILLING CODE 6560-50-F