[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4664-4665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2623]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180989; FRL 4996-7]
Propazine; 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 New
Mexico Department of Agriculture (hereafter referred to as the
``Applicant'') to use the pesticide propazine (CAS 139-40-2) to treat
up to 50,000 acres of sorghum to control pigweed. The Applicant
proposes the use of a new (unregistered) chemical; additionally, an
emergency exemption for this use has been requested for the previous 3
years, and a complete application for registration of this use and a
tolerance petition has not been submitted to the Agency. Therefore, 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 February 22, 1996.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180989,'' should be submitted by mail to: Public
Response and Program Resource 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: [email protected]. 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 must be identified by the
docket number [OPP-180989]. 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: Andrea Beard, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Floor 6, Crystal Station #1, 2800
Jefferson Davis Highway, Arlington, VA, (703) 308-8791; e-mail:
[email protected].
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 the use
of propazine on sorghum to control pigweed. Information in accordance
with 40 CFR part 166 was submitted as part of this request.
Sorghum is grown as a rotational crop with cotton and wheat, in
order to comply with the soil conservation requirements. Propazine,
which was
[[Page 4665]]
formerly registered for use on sorghum, was voluntarily canceled by the
former Registrant, who did not wish to support its re-registration. The
Applicant claims that this has left sorghum growers in New Mexico with
no pre-emergent herbicides that will adequately control certain
broadleaf weeds, especially pigweed. Until 1993-4, the first season an
exemption was requested, growers were using existing stocks of
propazine. The Applicant states that other available herbicides have
serious limitations on their use, making them unsuitable for control of
pigweed in sorghum. Although the original Registrant of propazine has
decided not to support this chemical through re-registration, another
company has committed to support the data requirements for this use.
Propazine was once registered for this use, but has now been
voluntarily canceled and is therefore considered to be a new chemical.
The Applicant states that, since growers used existing stocks of
propazine between the time of its voluntary cancellation and the
availability of propazine under an emergency exemption, yields have not
shown a decrease. However, the Applicant claims that significant
economic losses will occur without the availability of propazine.
The Applicant proposes to apply propazine at a maximum rate of 1.2
lbs. active ingredient (a.i.) [(2.4 pts. of product)] per acre, by
ground or air, with a maximum of one application per crop growing
season. Therefore, use under this exemption could potentially amount to
a maximum total of 60,000 lbs. of (a.i.) [(15,000 gal. of product)] in
New Mexico. This is the third year that New Mexico has applied for this
use of propazine on sorghum, and the fourth year that this use has been
requested under section 18 of FIFRA. New Mexico was issued an exemption
for this use for last growing season.
This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 require
publication of a notice of receipt of an application for a specific
exemption proposing use of a new chemical (i.e., an active ingredient
not contained in any currently registered pesticide), or if an
emergency exemption for a use has been requested in any 3 previous
years, and a complete application for registration of the use and/or a
tolerance petition has not been submitted to the Agency. Such notice
provides for opportunity for public comment on the application.
A record has been established for this notice under docket number
[OPP-180989] (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
Resource 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:
[email protected]
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 address above.
The Agency, accordingly, will review and consider all comments
received during the comment period in determining whether to issue the
emergency exemption requested by the New Mexico Departments of
Agriculture.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: January 30, 1996.
Stephen Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-2623 Filed 2-6-96; 8:45 am]
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