[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: opp-docket@epamail.epa.gov. 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: schaible.stephen@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
[[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: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 5.1/6.1 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
