[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Notices]
[Pages 18420-18421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10018]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181060; FRL 5782-4]


Carfentrazone ethyl; 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 
California Environmental Protection Agency, Department of Pesticide 
Regulation (hereafter referred to as the ``Applicant'') to use the 
pesticide carfentrazone ethyl (CAS 128639-02-1) to treat up to 70,000 
acres of rice to control California arrowhead Sagittaria montevidensis 
spp. Calcycina) and Ricefield bulrush Scirpus mucronatus. The Applicant 
proposes the use of a new (unregistered) chemical. 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 April 30, 1998.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181060,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring comments to: Rm. 119, 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]. Follow the 
instruction under ``SUPPLEMENTARY INFORMATION.'' No Confidential 
Business Information (CBI) should be submitted through e-mail.
    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 submitted for inclusion in the public 
record. Information not marked confidential may be included in the 
public record by EPA without prior notice.
    The public docket is available for public inspection in Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Stephen Schaible, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location, telephone number, and e-mail: Floor 2, Crystal Mall 
#2, 1921 Jefferson Davis Highway, Arlington, VA, (703-308-9362); 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

[[Page 18421]]

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 carfentrazone ethyl on rice to control California arrowhead 
Sagittaria montevidensis spp. Calcycina and ricefield bulrush Scirpus 
mucronatus. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    According to the Applicant, these two weed species cause economic 
damage by competing with rice plants for soil, nutrients and sunlight, 
and by interfering with harvesting equipment to reduce yields. 
Resistance to the registered alternative herbicide of choice, 
bensulfuron methyl, has occurred; resistance was first reported in 1992 
and a survey conducted in 1995 estimated that 60% of rice fields have 
resistant California arrowhead and 15% have resistant ricefield 
bulrush. Phenoxy herbicides such as MCPA or 2,4-D may be used on 
bensulfuron methyl resistant weeds, but are phytotoxic to rice plants. 
Additionally, manufacturers have announced that they will not supply 
these products in the Sacramento Valley, due to persistent concerns 
about off-target applications, drift and damage symptoms on non-target 
crops, especially cotton. Propanil and triclopyr may offer partial 
control of these weeds, but neither is labeled for this use.
    Under the proposed exemption, a maximum of 12 oz. of product (0.3 
lbs. active ingredient (a.i.)) per acre per season may be used. Two 
applications are specified, by air or ground; for early postseeding 
applications to flooded paddies with water-seeded rice, apply 8 ounces 
(2 lbs. a.i.) per acre, and for postemergent applications to rice with 
weeds exposed, apply 4 oz. of product (0.1 lbs. a.i.) per acre. A 
postharvest interval (PHI) of 7 days is specified, as is a Restricted 
Entry Interval (REI) of 12 days. The use of carfentrazone ethyl is only 
allowed if the following conditions are met:
    (1) It has been documented that the listed weeds on this section 18 
are not controlled by bensulfuron methyl in the field(s) that are to be 
treated with carfentrazone ethyl, or where propanil cannot be used due 
to buffer zone restrictions.
    (2) Field(s) that are to be treated are within the propanil buffer 
zones. This section 18 emergency exemption is not for use on wild rice.
    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 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.
    The official record for this notice, as well as the public version, 
has been established for this notice under docket number [OPP-181060] 
(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 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The official record is 
the paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.
    Electronic comments can be sent directly to EPA at:opp-
[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 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-181060]. Electronic comments on this notice may 
be filed online at many Federal Depository Libraries.
    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 California Environmental 
Protection Agency, Department of Pesticide Regulation.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: April 1, 1998.

James Jones,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 98-10018 Filed 4-14-98; 8:45 am]
BILLING CODE 6560-50-F