[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