[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14459-14460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7303]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-181056; FRL 5779-9]


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 and 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. 279-2876) to treat up to 1.8 million acres of cotton in Texas, 
and up to 500,000 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. 
Additionally, in 1997 EPA denied requests made under provisions of 
section 18 for this use of flowable 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 9, 1998.
ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181056,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring comments to: Rm. 119, Crystal Mall #2, 1921 Jefferson Davis 
Highway, Arlington, VA.
    Comments and data may also be submitted electronically to: opp-
[email protected]. Follow the instruction 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 submitted for inclusion in the public 
record. Information not marked confidential may be included in the 
public record by EPA without prior notice. The public docket is 
available for public inspection in Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: David Deegan, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number, and e-mail: Crystal Mall #2, 1921 Jefferson 
Davis Highway, Arlington, VA, (703-308-9358); 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 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.

[[Page 14460]]

    As part of this request, the Applicants assert that the state of 
Texas and the state of Louisiana are likely to experience non-routine 
infestations of aphids during the 1998 cotton growing season. The 
applicants further claim that, without a specific exemption of FIFRA 
for the use of flowable carbofuran on cotton to control cotton aphids, 
cotton growers in the states will suffer significant economic losses. 
The applicants also detail 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 applicants propose 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 1998 growing 
season (March 1, 1998 until September 30, 1998 in Texas, and between 
June 1, 1998 - September 30, 1998 in Louisiana) would be 0.5 lb. a.i. 
(16 fluid oz.) per acre. The applicants propose that the maximum 
acreage which could be treated under the requested exemption would be 
1.8 million acres in Texas, and 500,000 acres in Louisiana. 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 
in Texas; and 250,000 lbs. a.i. would be used in Louisiana.
    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-181056] 
(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 record is 
the paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.
    Electronic comments can be sent directly to EPA at: opp-
[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 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-181056]. 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 Texas Department of Agriculture, 
and by the Louisiana Department of Agriculture and Forestry.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: March 13,1998

Peter Caulkins,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 98-7303 Filed 3-24-98; 8:45 am]
BILLING CODE 6560-50-F