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Chlorfenpyr. February 28, 1996. Request for Emergency Exemption. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1996/February/Day-28/pr-563.html
[Federal Register: February 28, 1996 (Volume 61, Number 40)] [Notices]
[Page 7514-7515]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
[OPP-180991; FRL 5348-5]
Chlorfenypr; 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 (hereafter referred to as the ``Applicant'') to use the pesticide chlorfenpyr 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 14, 1996.
ADDRESSES: Three copies of written comments, bearing the identification notation
``OPP-180991,'' 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-180991]. 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 #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 chlorfenpyr 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.
The yield losses due to infestations of beet armyworms in cotton on a field
by field basis 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 exemptions, Pirate 3SC may be applied no more than 2 applications
during the growing season, not to exceed the rate of 0.4 lbs a.i. (17.06 fluid
ozs.) per acre using ground or aerial equipment.
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-180991]
(including comments and data
[[Page 7515]]
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 Texas Department of Agriculture.
List of Subjects
Environmental protection, pesticides and pests, emergency exemptions.
Dated: February 9, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-4030 Filed 2-27-96; 8:45 am] BILLING CODE 6560-50-F