Receipt of Application for Emergency Exemption To Use Pirate Insecticide; Solicitation of Public Comment

Federal RegisterJun 22, 1994

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-180944; FRL 4872-9]

Receipt of Application for Emergency Exemption To Use Pirate

Insecticide; 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 Georgia

Department of Agriculture (hereafter referred to as the ``Applicant'')

for use of the pesticide, 4-bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-

5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile, to control beet

armyworms (BAW) on up to 25,000 acres of cotton in Georgia. 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 July 7, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180944,'' should be submitted by mail to: Public

Response and Human Resource Branch, Field Operations Division (7506C),

Office of Pesticide Programs, Environmental Protection Agency, 401 M

St., SW., Washington, D.C. 20460. In person, bring comments to: Rm.

1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.

Information submitted in any comment concerning this notice may be

claimed confidential by marking any part or all of that information as

``Confidential Business Information.'' 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 Confidential

Business Information 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 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Susan Stanton, Registration

Division (7505W), Office of Pesticide Programs, Environmental

Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office

location and telephone number: 6th Floor, Crystal Station I, 2800

Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8327.

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 insecticide, 4-bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-

(trifluoromethyl)-1H-pyrrole-3-carbonitrile, available as Pirate 3SC

from American Cyanamid Company, to control beet armyworms (BAW) on up

to 25,000 acres of cotton in Georgia. Information in accordance with 40

CFR part 166 was submitted as part of this request.

According to the Applicant, BAW has historically been a late-season

pest of cotton, particularly in drought years. However, the use of

organophosphate insecticides in the Boll Weevil Eradication Program has

disrupted the natural biological control of BAW, causing it to become a

serious, season-long problem in certain years. According to the

Applicant, the registered pesticides provide only partial control of

BAW. If Pirate Insecticide is not available for use and a severe

outbreak occurs, the Applicant claims that yield losses of up to 100

percent are possible in some fields.

Under the proposed exemption, a maximum of two ground applications

of Pirate 3SC would be made at 8.53 fluid ounces of product (0.2 pounds

active ingredient) per acre. No applications would be made within 21

days of harvest. A maximum of 10,000 pounds of active ingredient would

be needed to treat up to 25,000 acres of cotton.

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

proposing use of a new chemical (i.e., an active ingredient not

contained in any currently registered pesticide) [40 CFR 166.24

(a)(1)]. 4-bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-

(trifluoromethyl)-1H-pyrrole-3-carbonitrile is a new chemical.

Accordingly, interested persons may submit written views on this

subject to the Field Operations Division at the 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 Georgia Department of Agriculture.

List of Subjects

Environmental protection, Crisis exemptions, Pesticides and pests.

Dated: June 13, 1994.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-15073 Filed 6-21-94; 8:45 am]

BILLING CODE 6560-50-F

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