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Chlorfenapyr. September 13, 1995. Request for emergency Exemption for the pesticide "Pirate." Federal Register.

Note from FAN:
The pesticide "Pirate" is Chlorfenapyr.

http://www.epa.gov/docs/fedrgstr/EPA-PEST/1995/September/Day-13/pr-403.html

ENVIRONMENTAL PROTECTION AGENCY
[OPP-180980; FRL 4975-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has issued specific exemptions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, to Alabama Department of Agriculture and Industries, Arkansas State Plant Board, Louisiana Department of Agriculture and Forestry, and the Mississippi Department of Agriculture and Commerce (hereafter referred to as the ``Applicants'') for use of the pesticide, Pirate to control tobacco budworms in up to 2,000,000 acres in the south eastern cotton belt region. Due to the unique nature of these emergency situations, in which the time to review the conditions of these situations was short, it was not possible to issue a solicitation for public comment, in accordance with 40 CFR 166.24, prior to the Agency's decision to grant these exemption. However, comments may still be submitted and will be evaluated regarding the continuation of these exemptions.

DATES: Comments must be received on or before September 28, 1995.

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-180980,'' 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. 1128, 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

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must be identified by the docket number [OPP-180980]. 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. 1128, 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; 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 Applicants have requested the Administrator to issue specific exemptions for use of the insecticide Pirate, available as Pirate 3SC from American Cyanamid Company, to control tobacco budworms on up to 2,000,000 acres within the south eastern cotton belt region. Information in accordance with 40 CFR part 166 was submitted as part of this request. According to the Applicants, excessive economic losses will occur if Pirate is not granted for use on cotton to control the tobacco budworm (TBW) in these regions. The Applicants claim that there are no other alternative pesticides to control this pest due to pyrethroid resistance.

Under the uses requested and/or authorized in these specific exemptions, Pirate was requested, a maximum of 4 applications of Pirate may be applied at the rate of [0.2 to 0.35 lb active ingredient (ai/A)] (8.53 to 14.93 fl. oz. of product) per acre using ground or aerial equipment, in a minimum of 10 gallons per acre total volume by ground or 5 gallons of spray solution per acre by air. A 5 to 7 day application interval, and a 21-day preharvest interval must be observed. The granted specific exemptions expire September 30, 1995. 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 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 is an unregistered (new) chemical. In the case of these states', and the situation found in their cotton producing areas, there was not adequate time to publish a notice of receipt and solicit public comments on these applications prior to the Agency reviewing the submitted data, and making and issuing its decisions. Therefore, as allowed for by 40 CFR 166.24(c), the comment period following a notice of receipt was eliminated, since the time available to make a decision required this. A record has been established for this notice under docket number ``OPP-180980'' (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. Interested persons are still invited to submit written views on this subject to the Field Operations Division at the address above. The Agency will review and consider all comments received regarding continuance of these emergency exemptions for the use of Pirate on cotton.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: August 25, 1995.

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

[FR Doc. 95-22494 Filed 9-12-95; 8:45 am] BILLING CODE 6560-50-F