[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Notices]
[Pages 26313-26314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12473]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181046; FRL 5717-1]


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 a specific exemption request from the 
Arkansas State Plant Board (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 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. 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 28, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181046,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services 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.'' 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, 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 
Arkansas 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 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 (June 1, 1997 until 
September 30, 1997) would be 0.5 lb. a.i. (16 fluid oz.) per acre. The 
applicant proposes that

[[Page 26314]]

the maximum acreage which could be treated under the requested 
exemption would be 1 million acres, and states that one-half of the 
total requested acreage may require the second application of 
carbofuran. Therefore, the total amount of active ingredient that the 
applicant may use, should this exemption be granted, would be 375,000 
lbs. during the 1997 use season.
    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-181046] 
(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-181046]. 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 exemption requested by the Arkansas State Plant Board.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: May 1, 1997.

James Jones,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 97-12473 Filed 5-12-97; 8:45 am]
BILLING CODE 6560-50-F