[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8732]


[[Page Unknown]]

[Federal Register: April 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180930; FRL 4771-3]

 

Receipt of Application for Emergency Exemption to use 2,4-D; 
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 
Minnesota Department of Agriculture (hereafter referred to as the 
``Applicant'') for use of the pesticide 2,4-D (EPA Reg. No. 264-2) to 
control Common waterplantain on up to 20,000 acres of wild rice in 
Minnesota. In accordance with 40 CFR 166.24, EPA is soliciting public 
comment before making the decision on whether or not to grant the 
exemption.

DATES: Comments must be received on or before April 28, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180930,'' 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: Larry Fried, 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) 308-8328.

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 the herbicide, 2,4-D, available as Weedar 64 
(EPA Reg. No. 264-2) from Rhone-Poulenc Ag Company, to control Common 
waterplantain (waterplantain) which develops a dense leaf canopy in 
wild rice fields and can, in extreme cases, reduce wild rice yields by 
more than 90 percent. Information in accordance with 40 CFR part 166 
was submitted as part of this request.
    According to the Applicant, waterplantain is found in nearly all 
Minnesota fields which have been cropped continuously to wild rice. 
Established waterplantain grows from old root stocks early in the 
spring and plants emerge from the water two to three weeks before wild 
rice. The emergence of waterplantain prior to wild rice negatively 
impacts the early stages of the rice's development. Knowledgeable 
experts indicate that it is not unreasonable for fields infested with 
waterplantain to experience 50 percent yield losses. No herbicides are 
currently registered for use on wild rice because of a ruling by EPA 
that disallowed chemicals that are registered for use on ``rice'' to be 
used on wild rice because of differences in taxonomy and growing 
practices of the two crops. Non-chemical control by hand-weeding or 
mechanical cultivation is not practical due to necessary flooding of 
wild rice fields.
    Under the proposed exemption a maximum of one application could be 
applied, at a rate of 8.0 fl. oz. of product (0.25 lb. a.i.) per acre. 
A maximum of 1,375 gal. of product or 5,500 lbs. a.i. could be applied 
in 1994. Applications would be made between May 1 and July 31, 1994.
    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 if an 
emergency exemption has been requested or granted for that use in any 3 
previous years, and a complete application for registration of that use 
has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions 
for this use of 2,4-D on wild rice in Minnesota have been requested and 
granted for the past 4 years, and an application for registration of 
this use has not been submitted to the Agency.
    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 Minnesota Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: April 1, 1994.

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

[FR Doc. 94-8732 Filed 4-12-94; 8:45 am]
BILLING CODE 6560-50-F