[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4663-4664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2234]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180988; FRL 4994-7]


Norflurazon; 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 Georgia 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
for use of the pesticide, norflurazon, to control grasses on up to 
150,000 acres of Bermudagrass in Georgia. 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-180988,'' 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. 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 form must be identified by 
the docket number [OPP-180988]. 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: 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, (703) 308-8347; 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 use of 
the herbicide, norflurazon, available as Zorial Rapid 80 from Sandoz 
Agro, Inc., to control grasses on up to 150,000 acres of Bermudagrass 
hay fields in Georgia. Information in accordance with 40 CFR part 166 
was submitted as part of this request.
    According to the Applicant, large crabgrass, goosegrass and 
broadleaf signalgrass invade exposed soil seedbeds in newly sprigged 
Bermudagrass strands. These weeds were traditionally controlled with 
simazine; however, in 1987, CIBA-GEIGY canceled the registration use in 
hay fields rather than incur reregistration cost. Since that time there 
had not been a registered herbicide that will provide control of weedy 
annual grasses in Bermudagrass hay fields. Although 2,4-D (Esteron 99C) 
is registered for preemergence control in newly sprigged forage 
Bermudagrass, it has not consistently provided season long control of 
annual grasses. Without a control, these grasses can severely restrict 
Bermudagrass growth following vegetation propagation, limit production 

[[Page 4664]]
and reduce forage value. The applicant will suffer significant economic 
net loss of 1.224 million dollars on newly sprigged fields and a net 
loss of 1.883 million dollars on established fields if the request for 
use of norflurazon on Bermudagrass is not granted.
    Under the proposed exemption, a single application of Zorial Rapid 
80 will be made at 0.6 lb to 1.9 lbs of product [(0.5 to 1.5 lbs. 
active ingredient (a.i./A))] per acre from February 15 to July 1, 1996. 
Do not graze or feed foliage from treated areas to livestock within 60 
days after application.
    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 the use of norflurazon on Bermudagrass 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.
     A record has been established for this notice under docket number 
[OPP-180988] (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 
Resources 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 will review and consider all comments received during the 
comment period in determining whether to issue the emergency exemption 
requested by the Georgia Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: January 26, 1996.

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

[FR Doc. 96-2234 Filed 2-6-96; 8:45 am]
BILLING CODE 6560-50-F