Chlorfenapyr. March 5, 1997. Application for emergency exemption. Federal Register.

FLUORIDE ACTION NETWORK PESTICIDE PROJECT
Chlorfenapyr. March 5, 1997. Application for Emergency Exemption. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1997/March/Day-05/p5306.htm
[Federal Register: March 5, 1997 (Volume 62, Number 43)]
[Notices]
[Page 10055-10056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr97-80]


[[Page 10055]]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181033; FRL 5591-1]


Chlorfenapyr; 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 Texas
Department of Agriculture (hereafter referred to as the ``Applicant'')
to use the pesticide chlorfenapyr (CAS 122453-73-0), formulated as
Pirate 3SC, to treat up to 1.8 million acres of cotton to control the
beet armyworm (BAW).The Applicant proposes the use of a new
(unregistered) chemical. 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 March 20, 1997.

ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181033,'' 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-181033]. 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 8:30 a.m. to 4 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, 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) 308-8791; e-mail:
beard.andrea@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 a specific exemption for the use
of chlorfenapyr on cotton to control beet armyworm. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
    According to the Applicant, three primary factors have brought
about this situation. These are: (1) the resistance to registered
alternative pesticides causing control failures when these products are
applied on cotton to control BAW; (2) the weather conditions consisting
of mild winters and unusually dry hot weather were conducive to a BAW
outbreak, and (3) BAW infesting cotton in unusually large numbers.
Yield losses due to infestations of beet armyworms in cotton have
ranged from 0 percent with light populations to 100 percent, due to the
crop being completely devoured or the grower abandoning the field.
Combining estimates from the Texas Agricultural Extension Entomologists
from the various areas of infestation, at least 40 percent yield losses
may occur on approximately 35 percent of the cotton acreage in the
requested sites. These yield losses will result in significant economic
losses for the cotton producers.
    Under the proposed exemption, chlorfenapyr may be applied at a rate
of 0.2 lb. a.i. per acre, with no more than 2 applications during the
growing season, not to exceed the rate of 0.4 lb. a.i. per acre using
ground or aerial equipment. If all 1.8 million acres are treated at
this maximum rate, this could potentially result in a total use of
720,000 lb. a.i., or 239,907 gal. of product.
    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)]. Such notice provides for opportunity for public comment on the
application.
    A record has been established for this notice under docket number
[OPP-181033] (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 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 exemption requested by the Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency
exemptions.


[[Page 10056]]


    Dated: February 25, 1997.

Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 97-5306 Filed 3-4-97 8:45 am]
BILLING CODE 6560-50-F