[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Notices]
[Pages 4913-4914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1859]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180958; FRL 4930-1]


Receipt of Application for Emergency Exemption to use 
Pyrithiobac-Sodium Herbicide; 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 South 
Carolina Department of Fertilizer and Pesticide Control (hereafter 
referred to as the ``Applicant'') for use of the pesticide, 
pyrithiobac-sodium, to control Palmer amaranth on up to 135,000 acres 
of cotton in South Carolina. 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 9, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180958,'' 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, DC 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: Margarita Collantes, 
Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: 6th Floor, Crystal Station #1, 
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8347.

[[Page 4914]] 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 herbicide, pyrithiobac-sodium, available as Staple from DuPont 
Agricultural Products, to control Palmer amaranth on up to 135,000 
acres of cotton in South Carolina. Information in accordance with 40 
CFR part 166 was submitted as part of this request.
    According to the Applicant, dinitroaniline (dna) herbicides were 
used on essentially all of South Carolina's cotton acreage since the 
mid 1960's. It was not until 1989, that the presence of a dna-resistant 
Palmer amaranth biotype was first suspected in a Lee County cotton 
field in South Carolina. Since this time Palmer amaranth has become 
recognized as South Carolina's most troublesome weed in cotton. This 
phenomenon is due to the intensive selection pressure associated with 
yearly applications of dinitroaniline herbicides with essentially no 
herbicide rotation. In fields where Palmer amaranth exhibited 
resistance to the dna's and where acceptable early-season control was 
not achieved with the other soil-applied herbicides, Palmer amaranth 
could not be controlled with postemergence treatments. No selective 
postemergence over-the-top herbicides are registered for cotton that 
will control Palmer amaranth. The applicant estimates a 60 percent 
yield reduction resulting in significant economic loss if the request 
for use of pyrithiobac-sodium on cotton is not granted.
    Under the proposed exemption, a maximum of two ground applications 
of Staple would be made at 1.0 fluid ounces of product (0.0625 pounds 
active ingredient=1.2 ounces of product) per acre. Not to exceed 2.0 
fluid ounces of product (0.1250 pound active ingredient=2.4 ounces of 
product) per acre per season for pre and post applications. No 
applications would be made within 45 days of harvest.
    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)].
    Pyrithiobac-sodium 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 South 
Carolina Department of Fertilizer and Pesticide Control.

List of Subjects

    Environmental protection, Pesticide and pests, Crisis exemptions.

    Dated: January 17, 1995.

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

[FR Doc. 95-1859 Filed 1-24-95; 8:45 am]
BILLING CODE 6560-50-F