[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
[Notices]
[Pages 24494-24495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12192]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181013; FRL 5369-1]


Puma 1EC; 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 North 
Dakota State Department of Agriculture (hereafter referred to as the 
``Applicant'') for use of the pesticide fenoxyprop-p-ethyl plus a new 
inert ingredient safener, 1-(2,4-dichlorophenyl)-4,5-dihydro-5-methyl-
1H-pyrazole-3,5-dicarboxylic acid, diethyl ester to control green and 
yellow foxtail on up to 300,000 acres of durum wheat. The Applicant 
proposes the first food use of an inert ingredient; therefore, 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 May 30, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181013,'' should be submitted by mail to: Public 
Response and Program Resources 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.
    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-181013]. 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: Pat Cimino, 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) 308-8328; 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 a specific exemption for the use 
of the herbicide Puma 1EC which contains the registered herbicide 
active ingredient, fenoxyprop-p-ethyl, plus an unregistered inert 
ingredient safener, to control green and yellow foxtail on up to 
300,000 acres of durum wheat in North Dakota. Information in accordance 
with 40 CFR part 166 was submitted as part of this request.
    The Applicant states that green and yellow foxtails, major weed 
pests in North Dakota durum wheat, have developed resistance to 
trifluralin herbicide. The applicant indicates that alternative, 
registered herbicides do not provide reliable control of these weed 
pests and that significant yield losses will occur if only currently 
available materials can be used.
    This is the first year that the Applicant has requested this 
pesticide for any use. The Applicant indicates

[[Page 24495]]

that North Dakota durum wheat acreage totals about 2.5 million acres. 
Not all durum wheat acres are infested with trifluralin resistant 
foxtails and the applicant requests that Puma 1EC treatments be 
permitted on up to 300,000 acres of durum wheat which are infested with 
trifluralin resistant foxtails. Applications of Puma 1EC would be made 
postemergent to wheat and foxtail emergence via ground or aerial 
application methods between May 15 and July 15, 1996 when foxtail weeds 
are susceptible to control by this product. Application rates range 
from 0.33 to 0.66 pints of Puma 1EC per acre depending on weed species 
controlled.
    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 proposes use of a new chemical (40 CFR 166.24).
    A record has been established for this notice under docket number 
[OPP-181013] (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 Filed 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 exemption requested by the North Dakota State Department of 
Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: May 7, 1996.

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

[FR Doc. 96-12192 Filed 5-14-96; 8:45 am]
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