[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Notices]
[Pages 31464-31465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15326]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181064; FRL 5794-5]


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 
California Environmental Protection Agency, Department of Pesticide 
Regulation, (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 300,000 acres of cotton in 
California, 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. 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 June 24, 1998.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181064,'' 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 by sending 
electronic mail (e-mail) to: [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.

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.
    As part of this request, the Applicant asserts that the state of 
California is likely to experience non-routine infestations of aphids 
during the 1998 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 the 
state will suffer significant economic losses. The applicant 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 1998 growing 
season July 20, 1998 until October 15, 1998 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 300,000 
acres. If all acres were treated at the maximum proposed rates, then 
150,000 lbs., a.i. would be used in California.
    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-181064] 
(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

[[Page 31465]]

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:
    [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 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-181064]. 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 California Environmental 
Protection Agency, Department of Pesticide Regulation.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: May 27, 1998.

James Jones,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 98-15326 Filed 6-8-98; 8:45 am]
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