95-29252. Propazine; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment  

  • [Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
    [Notices]
    [Pages 62444-62445]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-29252]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [OPP-180983; FRL 4988-1]
    
    
    Propazine; Receipt of Applications for Emergency Exemptions, 
    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 Texas 
    Department of Agriculture (hereafter referred to as the ``Applicant'') 
    to use the pesticide propazine (CAS 139-40-2) to treat up to 1,823,000 
    acres of sorghum to control pigweed. The Applicant proposes 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 exemption.
    
    DATES: Comments must be received on or before December 21, 1995.
    
    ADDRESSES: Three copies of written comments, bearing the identification 
    notation ``OPP-180983,'' 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: opp-docket@epamail.epa.gov. 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 
    
    [[Page 62445]]
    must be identified by the docket number [OPP-180983]. 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: 
    beard.andrea@epamail.epa.gov.
    
    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 propazine on sorghum to control pigweed. Information in accordance 
    with 40 CFR part 166 was submitted as part of this request.
        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 
    in most of Texas with no pre-emergent herbicides that will adequately 
    control certain broadleaf weeds, especially pigweed. Until 1993, the 
    year an exemption was first requested, growers were using existing 
    stocks of propazine. The Applicant states 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 Applicant states that, since growers used existing stocks of 
    propazine between the time of its voluntary cancellation and the 
    availability of propazine under an emergency exemption, yields have not 
    shown a decrease. However, the Applicant claims that significant 
    economic losses will occur without the availability of propazine.
        The Applicant proposes to apply propazine at a maximum rate of [1.2 
    lbs. active ingredient (a.i.)] (2.4 pts. of product) per acre, by 
    ground or air, with a maximum of one application per crop growing 
    season, on up to 1,823,000 acres of grain sorghum. Therefore, use under 
    this exemption could potentially amount to a maximum total of 2,187,600 
    lbs. of active ingredient (546,900 gal. of product) in Texas. This is 
    the fourth time that Texas has applied for this use of propazine on 
    sorghum under section 18 of FIFRA. Texas was issued exemptions for this 
    use for the past three growing seasons.
        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.
         A record has been established for this notice under docket number 
    [OPP-180983] (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:
        opp-docket@epamail.epa.gov
    
    
        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 Texas Department of Agriculture.
    
    List of Subjects
    
        Environmental protection, Pesticides and pests, Crisis exemptions.
    
        Dated: November 6, 1995.
    
    Stephen L. Johnson,
    Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 95-29252 Filed 12-5-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Published:
12/06/1995
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
95-29252
Dates:
Comments must be received on or before December 21, 1995.
Pages:
62444-62445 (2 pages)
Docket Numbers:
OPP-180983, FRL 4988-1
PDF File:
95-29252.pdf