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Chlorfenapyr. July 24, 1996. Request for Emergency Exemption for PIRATE. Federal Register.

http://www.epa.gov/docs/fedrgstr/EPA-PEST/1996/July/Day-24/pr-810DIR/pr-810.html

ENVIRONMENTAL PROTECTION AGENCY
[OPP-181018; FRL 5384-5]

Pirate; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received specific exemption requests from the Tennessee Department of Agriculture (hereafter referred to as the ``Applicant'') to use the pesticide Pirate to treat up to 1,000,000 acres of cotton to control the beet armyworm (BAW). The Applicant proposes the use of a new (unregistered) chemical [40 CFR 166.24(a)(1)]. 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 August 8, 1996.

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-181018,'' 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 sending electronic mail (e-mail) to: opp-docket@epamail.epa.gov. 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 file format or ASCII file format. All comments and data in electronic form must be identified by the docket number [OPP-181018]. No Confidential Business Information (CBI) should be submitted through e-mail. Electronic comments on this notice may be filed online at many Federal Depository Libraries. Additional information on electronic submissions can be found below in this document.
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 a.m. to 4:30 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Margarita Collantes, 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) 308-8347; e-mail: collantes.margarita@epamail.epa.gov.

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 specific exemptions for the use of Pirate on cotton to control the beet armyworm. Information in accordance with 40 CFR part 166 was submitted as part of this request. According to the Applicant, the rationale for requesting this emergency exemption is based on Pirate's proven ability to be effective against the the

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BAW and the inability of the currently available insecticides to control the BAW. Boll weevil pheromone trap catches this spring indicate a very high population of overwintered boll weevils in West Virginia. Although the possibility of the BAW overwintering in West Tennessee is small, the summer generation of BAW have been known to disperse several hundred miles in wind currents from the south. Therefore, if hot, dry growing season occurs in 1996 it appears that the BAW infestations are likely to occur in Tennessee. The use of pirate to control the BAW has been issued to most of the states within the southern cotton belt region this year. In an effort to mitigate risk to Federally-listed threatened and endangered species from potentially harmful exposure to Pirate, specific directions, restrictions, precautions and monitoring for wildlife mortality were required.
Under the proposed exemption, Pirate 3SC may be applied at a maximum rate of 1.5 to 2.0 lbs. active ingredient (a.i.) per acre (6.4 to 8.53 fl. ozs.) for control of the BAW, using ground or aerial application equipment in a minimum of 10 gallons per acre total volume by ground, or 5 gallons of spray solution per acre by air. 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 new chemical (i.e., an active ingredient not contained in any currently registered pesticide), [40 CFR 166.24(a)(1)]. Pirate 3SC is an unregistered chemical. Such notice provides for opportunity for public comment on the application. A record has been established for this notice under docket number [OPP-181018] (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 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The public record is located in Room 1132 of the Public Response and Program Resource Branch, Field Operations Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Electronic comments can be sent directly to EPA at: opp-docket@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. The official record for this notice, as well as the public version, as described above will be kept in paper form. Accordingly, EPA will transfer all comments received electronically into printed, paper form as they are received and will place the paper copies in the official record which will also include all comments submitted directly in writing. The official record is the paper record maintained at the address in ``ADDRESSES'' at the beginning of this document. Accordingly, interested persons may submit written views on this subject to the Field Operations Division at the address above. 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 Tennessee Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Emergency exemptions.

Dated: June 11, 1996.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-18393 Filed 7-23-96; 8:45 am] BILLING CODE 6560-50-F