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Chlorfenapyr. October 2, 1996. Request for Emergency Exemption for PIRATE. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1996/October/Day-02/pr-875DIR/pr-875.html
Federal Register: October 2, 1996 (Volume 61, Number 192)] [Notices] ENVIRONMENTAL PROTECTION AGENCY
[OPP-181022; FRL 5390-5]
Pirate; 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 California
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Department of Pesticide Regulation (hereafter referred to as the ``Applicant'') to use the pesticide Pirate to treat up to 10,000 acres of cotton in Kern County to control spider mites. 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 October 17, 1996.
ADDRESSES: Three copies of written comments, bearing the identification notation
``OPP-181022,'' 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-181022]. 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 a specific exemption
for the use of Pirate on cotton to control spider mites. Information in accordance
with 40 CFR part 166 was submitted as part of this request. According to the
Applicant, spider mites are currently causing widespread damage to cotton throughout
California, particularly in the southern San Joaquin County. In 1995, and again
in 1996, California experienced unusually heavy rainfall with very wet spring
weather. The wet spring weather contributed to an increase in outlying weeds
and plants that serve as host for large lygus and aphid populations. As host
plants dry out, these pests migrate to adjacent cotton fields. Broad spectrum
insecticides are used to control large lygus and aphid populations.
Use of these insecticides destroy populations of mite predators, primarily thrips
and big-eyed bugs, that normally maintain mite populations below the economic
thresholds. Without the benefit of mite predators, additional acracides must
be used to control the exploding mite populations. Furthermore, insecticides
which previously provided a degree of control failed to regulate the exceptionally
high mite populations which lead to development of resistance to currently labeled
materials. There are no products with an alternative mode of action for controlling
mites. By using Alert the high probability of resistance occurring with the
remaining miticides will be reduced. The use of Pirate to control the beet armyworm
and tobacco budworm on cotton have 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 (Alert/AC)
may be applied to late season cotton (12''< tall) at a rate of 0.12 to 0.2
lbs. active ingredient [(a.i.)] (8 to 13 fl. ozs of product) per acre by ground
or air equipment. Not to apply more then 67.2 fl. oz. (1.05 lbs. a.i., per acre
per year). A reentry interval of 12 hours and a preharvest interval of 21 days
must be observed.
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), in
accordance with 40 CFR 166.24. Such notice provides for opportunity for public
comment on the application.
A record has been established for this notice under docket number [OPP-181022]
(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 exemption
requested by the California Department of Pesticide Regulation.
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List of Subjects
Environmental protection, Pesticides and pests, Emergency exemptions.
Dated: September 26, 1996.
Susan Lewis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-25228 Filed 10-1-96; 8:45 am] BILLING CODE 6560-50-F