[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Pages 51450-51451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25227]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181024; FRL 5393-2]


Metolachlor; 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'') 
to use the pesticide metolachlor to treat up to 1,000 acres of spinach 
to control weeds. The Applicant proposes the use of an

[[Page 51451]]

emergency exemption that 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 exemption.

DATES: Comments must be received on or before October 17, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181024,'' 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 must be identified by the 
docket number [OPP-181024]. 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 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: Floor 6, Crystal Station #1, 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 the use 
of metolachlor on spinach to control weeds. Information in accordance 
with 40 CFR part 166 was submitted as part of this request.
    According to the Applicant, due to the loss of Antor diethatyl 
ethyl there is no longer an effective herbicide which will effectively 
control weeds in spinach. NOR-AM Chemical Company no longer 
manufactures Antor for use on spinach in the U.S. as of 1992. Stocks of 
Antor were exhausted in 1993. Ro-Neet is the only remaining preemergent 
herbicide registered for use on spinach. Antor was the primary 
preemergence herbicide and was the herbicide of choice in fields where 
problem weeds such as sibara, pigweeds, chickweed, wild mustard, 
mayweed, and henbit were known to be present.
    Alternative control practices consisting of field selection and 
hand hoeing will not solve the weed control problems that exist in 
spinach due to the loss of Antor. Without the use of metolachlor, 
growers can expect a loss of $185 per acre which is a 243 percent 
reduction in net revenue. The loss is due to lower average yields and 
price with Ro-Neet since an estimated 25 to 45 percent of the planted 
acreage will not be marketable due to weeds.
    Under the proposed exemption 1 pound active ingredient (1 pint of 
product) per acre will be used on 1,000 acres of spinach. A maximum of 
1 application will be made by ground and or aerial equipment.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing use which 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.
    A record has been established for this notice under docket number 
[OPP-181024] (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 exemption requested by the Arkansas State Plant Board.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: September 26, 1996.

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

[FR Doc. 96-25227 Filed 10-1-96; 8:45 am]
BILLING CODE 6560-50-F