[Federal Register: June 27, 2002 (Volume 67, Number 124)]
[Notices]               
[Page 43314-43316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn02-76]                         

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0124; FRL-7185-3]

 
Carbofuran; 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 
Louisiana Department of Agriculture and Forestry to use the pesticide 
carbofuran (CAS No. 1563-66-2) to treat up to 100,000 acres of rice to 
control the rice weevil. Because this application for an emergency 
exemption program involves the use of a chemical which has been the 
subject of a Special Review by EPA under 40 CFR part 154, EPA is 
soliciting public comment on the exemption.

DATES: Comments, identified by docket ID number OPP-2002-0124, must be 
received on or before July 2, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket ID number 
OPP-2002-0124 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Dan Rosenblatt, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703) 308-9366; fax number: (703) 308-5433; e-mail address: 
rosenblatt.dan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you petition EPA 
for emergency exemption under section 18 of FIFRA. Potentially affected 
categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
State government                  9241                State agencies
                                                       that petition EPA
                                                       for section 18
                                                       pesticide
                                                       exemption
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be regulated by this 
action. Other types of entities not listed in the table in this unit 
could also be regulated. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in Unit II. 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 Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket ID number OPP-2002-0124. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business

[[Page 43315]]

Information (CBI). This official record includes the documents that are 
physically located in the docket, as well as the documents that are 
referenced in those documents. The public version of the official 
record does not include any information claimed as CBI. The public 
version of the official record, which includes printed, paper versions 
of any electronic comments submitted during an applicable comment 
period, is available for inspection in the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The PIRIB telephone 
number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket ID number OPP-2002-0124 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: opp-docket@epa.gov, or you can submit a computer disk as 
described in Unit I.C.3. Do not submit any information electronically 
that you consider to be CBI. Avoid the use of special characters and 
any form of encryption. Electronic submissions will be accepted in 
WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket ID number OPP-2002-0124. Electronic 
comments may also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record 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. Louisiana Department of 
Agriculture and Forestry has requested the Administrator to issue a 
specific exemption for the use of carbofuran on rice to control the 
rice weevil. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    In the emergency exemption application, the Applicant asserts that 
rice producers in Louisiana do not have adequate alternatives to 
control the rice weevil and that carbofuran is the only material that 
can be applied at this point in the growing season that will control 
this pest. The rice weevil has historically been an important pest for 
rice producers. The Applicant estimates that yield losses of 20 to 40% 
will be experienced if this pest is not controlled by the requested 
emergency program. The Applicant asserts that there are weaknesses and 
limitations for the alternative control measures that require use of 
carbofuran this growing season. In the past, granular carbofuran was 
commonly applied to control this pest in water-seeded rice. However, it 
is no longer registered for this use. The use of granular carbofuran, 
generally, was canceled following an agreement between FMC Corporation, 
the chemical's manufacturer, and EPA in 1991. For rice, use was 
permitted to continue until August 1999, after which distribution, 
sale, and use of existing stocks labeled for rice were not permitted.
    Since the cancellation of granular carbofuran, EPA has registered 
alternative chemicals for insect control on rice. Notably, an 
alternative rice weevil product called fipronil (trade name, Icon) was 
approved by EPA in 1998. Fipronil is a contact and ingestion 
insecticide that can be applied early in the growing season to control 
rice weevils.
    The main reason that the Applicant believes this exemption is 
warranted is the unexpected and novel efficacy failure of fipronil in 
many fields that were treated this year with that chemical. The 
efficacy issues connected to fipronil's performance this year in rice 
are believed to be connected with high levels of hydrogen sulfide gas 
which are building up in fields due to the presence of straw and 
stubble from the previous year's rice crop. The breakdown of this 
organic material under anaerobic conditions (this involves water-seeded 
rice) is believed to interfere with the performance of fipronil. The 
high level of organic material in the fields is connected to reduced or 
no-till soil management practices.
    The Applicant also indicated that weather and equipment issues have 
prevented growers from using other alternative controls this year. 
Total yield loss estimates projected by the Applicant range from $6.6 
to $13.2 million.
    The Applicant proposed to make no more than one application of a 
granular

[[Page 43316]]

carbofuran product that contains 3% active ingredient to 100,000 acres 
of rice in Louisiana. The proposed application rate called for 15 to 20 
pounds of product per acre (or 0.45 to 0.60 pound active ingredient per 
acre). Treatments may occur following permanent flood of the rice 
fields, but, at minimum, 60 days prior to harvest.
    Because EPA received additional information from the Applicant in 
the days following the receipt of this request which heightened the 
urgency of this emergency exemption application from the standpoint of 
the growers, the Agency has already authorized a limited number of rice 
producers who are currently experiencing a high level of pest 
infestation as a result of efficacy failure following treatments of 
Icon (fipronil) to make treatments under this exemption. Specifically, 
on June 19, 2002, EPA issued a section 18 authorization which permits 
6,000 pounds of carbofuran active ingredient to be applied to 10,000 
acres of rice. The authorization limits treatments to those fields 
which were first treated with fipronil, but where, nonetheless, high 
levels of pest problems now exist. Information on this exemption 
request, including the June 19 authorization, is available at the 
Docket. Since granular carbofuran is generally cancelled at this time, 
another important factor that impacts the scope of this exemption is 
the level of available product. At this time, existing stocks of 
granular carbofuran could permit treatment to 2,500 acres of rice. New 
product would have to be manufactured for treatment of the additional 
7,500 acres. Carbofuran is believed to be the only alternative chemical 
means of control at this point in the growing season.
    EPA's decision to permit treatments of carbofuran for this use 
relates only to growers able to certify that they experienced 
performance failure connected to the use of fipronil. In addition, EPA 
anticipates that soil management practices will be adopted that 
diminish the likelihood of hydrogen sulfide build up in future growing 
seasons. Therefore, EPA does not anticipate that this emergency will be 
repeated.
    EPA has decided to open a shortened comment period and solicit 
input and comments from the public for a 5 day period. In general, the 
length of a comment period on an emergency exemption application is 15 
days. However, EPA is shortening this comment period to five days due 
to the limited time available to consider this request in light of the 
typical harvest period for rice in Louisiana and also a label provision 
for this use that requires a 60 day pre-harvest interval. Because of 
these factors, EPA determined that a 15 day comment period was not 
possible for this request.
    The Agency is specifically seeking input from the public and 
stakeholders on the scope and use terms of this exemption connected to 
the acres that might be treated but for which there is currently no 
available product. In particular, due to the product availability 
issues mentioned above, a further determination related to the 
remaining 7,500 acres is needed. The public comments will help EPA 
determine whether the exemption should be revised to limit it to the 
2,500 acres or maintained up to the 10,000 acre limit.
    In order to obtain the greatest amount of input from this shortened 
comment period, EPA is directly contacting several key affected 
stakeholders in advance of this Federal Register publication. In 
addition, EPA is preparing a general notification plan to ensure that 
stakeholders are informed about this solicitation for comments.
    The Agency will review and consider all comments received during 
the comment period in determining whether to maintain the exemption as 
granted on June 19, 2002 or modify the specific exemption such that use 
is limited to the 2,500 acres currently being treated with available 
product.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: June 24, 2002.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 02-16265 Filed 6-24-02; 3:07 pm]
BILLING CODE 6560-50-S