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Lactofen (Valent). July 26, 1995. Request for Emergency Exemption. Federal Register.

http://www.epa.gov/docs/fedrgstr/EPA-PEST/1995/July/Day-26/pr-344.html

ENVIRONMENTAL PROTECTION AGENCY
[OPP-180976; FRL 4967-2]

Lactofen; 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 Florida Department of Agriculture Consumer Services (hereafter referred to as the ``Applicant'') for use of the pesticide, lactofen (Cobra Herbicide), to control nightshade Solanum spp. and parthenium Parthenium spp. on up to 10,000 acres of row middle tomatoes and 5,000 acres of row middle green peppers in Florida. 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 10, 1995.

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-180976,'' should be submitted by mail to: Public Response and Program Resources 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-180976]. 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: 6th Floor, Crystal Station I, 2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8347; Internet address: 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 use of the herbicide, lactofen, available as Cobra from Valent USA Corporation, to control nightshade and parthenium on up to 10,000 acres of row middle tomatoes and 5,000 acres of row middle green peppers in Florida. Information in accordance with 40 CFR part 166 was submitted as part of this request.
According to the Applicant, the use of registered alternatives, Paraquat and Diquat herbicides, has led to the development of different biotypes of nightshade in Florida. Researchers have shown that nightshade has developed a tolerance to postemergence applications of both Diquat and Paraquat. There are no preemergence herbicides labeled in tomatoes or green peppers which control nightshade. Enquik, provides some postemergence burndown of nightshade, however, control is incomplete and regrowth can occur quite rapidly. In addition, Enquik is highly corrosive and requires special application equipment, resulting in limited use potential.
Loss of yields can be due to allelopathic affect from nightshade, direct competition for water and nutrients from both weed species, and interference in crop harvest from both weed species. Finally and most importantly, nightshade is an excellent host of the poinsettia strain of silverleaf whitefly. Silverleaf whitefly causes irregular ripening and is a vector for gemini virus in tomatoes. Institute of Food and Agriculture Scientists (IFAS) have shown that gemini virus can reduce tomato yields up to 60 percent. They believe that the use of Cobra herbicide will control nightshade and parthenium which should result in tomato and green pepper estimated net and gross revenues falling within the previous 5 year averages.
Under the proposed exemption, a maximum of two applications per crop would be made at [0.3 to 0.5 lbs of active ingredient (a.i.)] (19 to 32 fl. ozs. per acre) as a preemergence and/or postemergence application. Not to apply within 30 days of harvest. Reentry to treated acres without protective clothing is not allowed until spray has dried. This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 require that the Agency publish notice of receipt in the Federal Register and solicit public comment on an application for a specific exemption if an emergency exemption has been requested or granted for that use in any 3 previous years, and a complete application for registration of that use has not been submitted to the Agency [40 CFR 166.24(a)(6)]. Exemptions for the use of Lactofen on tomatoes and green peppers have been requested and granted for the past 3 years, and an application for registration of this use has not been submitted to the Agency. A record has been established for this notice under docket number ``[OPP-180976]'' (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 Resources 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

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address above. The Agency will review and consider all comments received during the comment period in determining whether to issue the emergency exemption requested by the Florida Department of Agriculture and Consumer Services.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: July 13, 1995.

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

[FR Doc. 95-18254 Filed 7-25-95; 8:45 am] BILLING CODE 6560-50-F