[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Notices]
[Pages 16785-16786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9477]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181008; FRL 5362-4]


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 specific exemption requests from the Colorado 
and Oklahoma Departments of Agriculture (hereafter referred to as the 
``Applicant'') to use the pesticide propazine (CAS 139-40-2) to treat 
up to 272,000 and 280,000 acres, respectively, of sorghum to control 
pigweed. The Applicants propose 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 exemptions.

DATES: Comments must be received on or before May 2, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181008,'' 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 form must be identified by 
the docket number [OPP-181008]. 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 No. 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 Applicants have 
requested the Administrator to issue specific exemptions for the use of 
propazine on sorghum to control pigweed. Information in accordance with 
40 CFR part 166 was submitted as part of these requests.
    Sorghum is grown as a rotational crop with cotton and wheat, in 
order to comply with the soil conservation requirements. Propazine, 
which was formerly registered for use on sorghum, was voluntarily 
canceled by the former Registrant, who did not wish to support its re-
registration. The Applicants claim that this has left sorghum growers 
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 Applicants state 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 Applicants claim that significant economic losses will occur 
without the availability of propazine.
    The Applicants propose to apply propazine at a maximum rate of 1.2 
lbs. 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 
326,400 lbs. of active ingredient (81,600 gal. of product) in Colorado, 
and 336,000 lbs. of active ingredient (84,000 gal. of product) in 
Oklahoma. This is the third year that Colorado and Oklahoma have 
applied for this use of propazine on sorghum, and the fourth year that 
this use has been requested under section 18 of FIFRA. Colorado and 
Oklahoma were issued exemptions for this use for last growing season.
    This notice does not constitute a decision by EPA on the 
applications themselves. 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.

[[Page 16786]]

    A record has been established for this notice under docket number 
[OPP-181008] (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 exemptions requested by the Colorado and Oklahoma Departments 
of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: April 4, 1996.

Susan Lewis,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-9477 Filed 4-16-96; 8:45 am]
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