[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Notices]
[Pages 16133-16134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7581]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180967; FRL 4944-3]


Pyrithiobac-Sodium; 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 
Arkansas State Plant Board (hereafter referred to as the ``Applicant'') 
for use of the pesticide pyrithiobac-sodium, to control morningglory 
and cocklebur on up to 500,000 acres of cotton in Arkansas. 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 April 13, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180967,'' 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 I, 
2800 Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8347; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the Federal 
Insecticide, [[Page 16134]] 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 morningglory and cocklebur on up to 
500,000 acres of cotton in Arkansas. Information in accordance with 40 
CFR part 166 was submitted as part of this request.
    According to the Applicant, the registered alternative herbicides 
Command and Cotoran, provide only fair control unless environmental 
conditions are perfect. If no rainfall occurs for activation of the 
soil applied herbicide, no height difference is established for the 
post-directed spray. This is often compounded by wet weather preventing 
the directed application to be made. Command was used last year by over 
one-half of the Arkansas cotton growers for morningglory control. 
Command provides good control of pitted morningglory, but poor control 
of the entire leaf and ivyleaf species. In addition, off-target 
movement problems have created a controversy in Arkansas and the long-
term future of this herbicide remains clouded. Even with Command, an 
emergency situation exists for an over-the-top herbicide for 
morningglory control. In addition, a second weed that is rapidly 
increasing is the cocklebur which is resistant to MSMA and DSMA. The 
arsenical herbicides have been Arkansas primary means of cocklebur 
control and resistance is fast rendering them useless. The applicant 
estimates a yield loss ranging from 17 to 66 percent due to cocklebur 
and a 72 percent yield loss due to pitted morningglory.
    Under the proposed exemption, a maximum of two ground or air 
applications of Staple would be made at 1.0 fluid ounces of product (or 
1.18 to 2.35 ozs 85 percent SP/A) per acre. Not to exceed 2.0 fluid 
ounces of product per acre. 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 Arkansas 
State Plant Board.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: March 17, 1995.

Lois Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-7581 Filed 3-28-95; 8:45 am]
BILLING CODE 6560-50-F