[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8732]
[[Page Unknown]]
[Federal Register: April 13, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180930; FRL 4771-3]
Receipt of Application for Emergency Exemption to use 2,4-D;
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
Minnesota Department of Agriculture (hereafter referred to as the
``Applicant'') for use of the pesticide 2,4-D (EPA Reg. No. 264-2) to
control Common waterplantain on up to 20,000 acres of wild rice in
Minnesota. In accordance with 40 CFR 166.24, EPA is soliciting public
comment before making the decision on whether or not to grant the
exemption.
DATES: Comments must be received on or before April 28, 1994.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-180930,'' should be submitted by mail to: Public
Response and Human Resource Branch, Field Operations Division (7506C),
Office of Pesticide Programs, Environmental Protection Agency, 401 M
St., SW., Washington, D.C. 20460. In person, bring comments to: Rm.
1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Information submitted in any comment concerning this notice may be
claimed confidential by marking any part or all of that information as
``Confidential Business Information.'' 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 Confidential
Business Information 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.
1128, Crystal Mall #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: Larry Fried, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office
location and telephone number: 6th Floor, Crystal Station I, 2800
Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8328.
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 the herbicide, 2,4-D, available as Weedar 64
(EPA Reg. No. 264-2) from Rhone-Poulenc Ag Company, to control Common
waterplantain (waterplantain) which develops a dense leaf canopy in
wild rice fields and can, in extreme cases, reduce wild rice yields by
more than 90 percent. Information in accordance with 40 CFR part 166
was submitted as part of this request.
According to the Applicant, waterplantain is found in nearly all
Minnesota fields which have been cropped continuously to wild rice.
Established waterplantain grows from old root stocks early in the
spring and plants emerge from the water two to three weeks before wild
rice. The emergence of waterplantain prior to wild rice negatively
impacts the early stages of the rice's development. Knowledgeable
experts indicate that it is not unreasonable for fields infested with
waterplantain to experience 50 percent yield losses. No herbicides are
currently registered for use on wild rice because of a ruling by EPA
that disallowed chemicals that are registered for use on ``rice'' to be
used on wild rice because of differences in taxonomy and growing
practices of the two crops. Non-chemical control by hand-weeding or
mechanical cultivation is not practical due to necessary flooding of
wild rice fields.
Under the proposed exemption a maximum of one application could be
applied, at a rate of 8.0 fl. oz. of product (0.25 lb. a.i.) per acre.
A maximum of 1,375 gal. of product or 5,500 lbs. a.i. could be applied
in 1994. Applications would be made between May 1 and July 31, 1994.
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 has been requested or granted for that use in any 3
previous years, and a complete application for registration of that use
has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions
for this use of 2,4-D on wild rice in Minnesota have been requested and
granted for the past 4 years, and an application for registration of
this use has not been submitted to the Agency.
Accordingly, interested persons may submit written views on this
subject to the Field Operations Division at the address above. The
Agency will review and consider all comments received during the
comment period in determining whether to issue the emergency exemption
requested by the Minnesota Department of Agriculture.
List of Subjects
Environmental protection, Pesticides and pests, Crisis exemptions.
Dated: April 1, 1994.
Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 94-8732 Filed 4-12-94; 8:45 am]
BILLING CODE 6560-50-F
