[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Notices]
[Page 54901-54903]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-61]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0314; FRL-7326-6]
Carbofuran; 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 flowable
carbofuran (Furadan 4F Insecticide/Nematicide) (EPA Reg. No. 279-2876)
to treat up to 300,000 acres of cotton in California to control cotton
aphid. The applicant proposes the use of a chemical which has been the
subject of a Special Review within EPA's Office of Pesticide Programs,
and is intended for a use that could pose a risk similar to the risk
posed by uses evaluated under the Special Review. The granular
formulation of carbofuran was the subject of a Special Review between
the years of 1986-1991, which resulted in a negotiated settlement
whereby most of the registered uses of granular carbofuran were phased
out. While the flowable formulation of carbofuran is not the subject of
a Special Review, EPA believes that the proposed use of flowable
carbofuran on cotton could pose a risk similar to the risk assessed by
EPA under the Special Review of granular carbofuran. EPA is soliciting
public comment before making the decision whether or not to grant the
exemption. On September 4, 2003, the California Department of Pesticide
Regulation declared a crisis exemption for this use to treat up to
200,000 acres of cotton in California.
DATES: Comments, identified by docket ID number OPP-2003-0314, must be
received on or before October 6, 2003.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Stephen A. Schaible, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9362; fax number: (703) 308-6920; e-
mail address: schaible.stephen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a Federal
or State Government Agency involved in administration of environmental
quality programs. Other types of entities not listed in this unit could
also be affected. If you have any questions regarding the applicability
of this action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2003-0314. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
[[Page 54902]]
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected bystatute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2003-0314. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP-2003-0314. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0314.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1921 Jefferson Davis Hwy., Arlington, VA., Attention:
Docket ID Number OPP-2003-0314. Such deliveries are only accepted
during the docket's normal hours of operation as identified in Unit
I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice.
7. Make sure to submit your comments by the deadline in this
document.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
II. Background
A. What Action is the Agency Taking?
Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. The California Department
of Pesticide Regulation has requested the Administrator to issue a
specific exemption for the use of carbofuran on cotton to control
cotton aphids. Information in accordance with 40 CFR part 166 was
submitted as part of this request.
[[Page 54903]]
As part of this request, the applicant asserts that Furadan has
been an important and necessary tool for control of late season aphid
problems the past several seasons. Cotton growers in California are
specifically concerned with the prevention of sticky cotton, which can
result from sugar secretions from specific insect pests and diminishes
the quality of the cotton. The applicant claims that recently
registered chloronicotinyl insecticides, which rely on foliar uptake
and translaminar movement, are less effective in the late season after
foliage has hardened off. The applicant further claims that resistance
to these chloronicotinyl insecticides could develop and that without a
specific exemption from registration under FIFRA for the use of
flowable carbofuran on cotton to control cotton aphids, cotton growers
in these states will suffer significant economic losses.
The applicant proposes to make no more than two applications of
flowable carbofuran on cotton at the rate of 0.25 lb. active ingredient
(8 fluid ounces) in a minimum of 2 gallons of finished spray per acre
by air, or 10 gallons of finished spray per acre by ground application.
The total maximum proposed use during the 2003 growing season, from
August 20, 2003 to October 30, 2003, would be 0.5 lb. active ingredient
(16 fluid ounces) per acre. The applicant proposes that a maximum of
300,000 acres could be treated under the requested exemptions. If all
of these acres were treated at the maximum proposed rate and for the
maximum allowed number of times, 150,000 lbs. active ingredient would
be used in California. Under the crisis exemption, a single aerial
application of flowable carbofuran at a rate of 0.25 lb. active
ingredient (8 fluid ounces) per acre may be made to cotton. A maximum
of 200,000 acres of cotton in California may be treated.
This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption proposing use of a chemical (i.e., an active
ingredient) which has been the subject of a Special Review within EPA's
Office of Pesticide Programs and is intended for a use that could pose
a risk similar to the risk posed by uses evaluated under the Special
Review. The granular formulation of carbofuran was the subject of a
Special Review between the years of 1986-1991, which resulted in a
negotiated settlement whereby most of the registered uses of granular
carbofuran were phased out. While the flowable formulation of
carbofuran is not the subject of a Special Review, EPA believes that
the proposed use of flowable carbofuran on cotton could pose a risk
similar to the risk assessed by EPA under the Special Review of
granular carbofuran. The notice provides an opportunity for public
comment on the application.
The Agency, will review and consider all comments received during
the comment period in determining whether to issue the specific
exemption requested by the California Department of Pesticide
Regulation.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: September 4, 2003.
Debra Edwards,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 03-24117 Filed 9-17-03; 1:38 pm]
BILLING CODE 6560-50-S