96-12192. Puma 1EC; Receipt of Application for Emergency Exemption, Solicitation of Public Comment  

  • [Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
    [Notices]
    [Pages 24494-24495]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-12192]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    [OPP-181013; FRL 5369-1]
    
    
    Puma 1EC; 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 North 
    Dakota State Department of Agriculture (hereafter referred to as the 
    ``Applicant'') for use of the pesticide fenoxyprop-p-ethyl plus a new 
    inert ingredient safener, 1-(2,4-dichlorophenyl)-4,5-dihydro-5-methyl-
    1H-pyrazole-3,5-dicarboxylic acid, diethyl ester to control green and 
    yellow foxtail on up to 300,000 acres of durum wheat. The Applicant 
    proposes the first food use of an inert ingredient; 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 May 30, 1996.
    
    ADDRESSES: Three copies of written comments, bearing the identification 
    notation ``OPP-181013,'' should be submitted by mail to: Public 
    Response and Program Resources 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. 
    1128, 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 must be identified by 
    the docket number [OPP-181013]. 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: Pat Cimino, Registration 
    Division (7505W), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location and telephone number: 6th Floor, Crystal Station #1, 2800 
    Jefferson Davis Highway, Arlington, VA (703) 308-8328; e-mail: 
    cimino.pat@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 Applicants have 
    requested the Administrator to issue a specific exemption for the use 
    of the herbicide Puma 1EC which contains the registered herbicide 
    active ingredient, fenoxyprop-p-ethyl, plus an unregistered inert 
    ingredient safener, to control green and yellow foxtail on up to 
    300,000 acres of durum wheat in North Dakota. Information in accordance 
    with 40 CFR part 166 was submitted as part of this request.
        The Applicant states that green and yellow foxtails, major weed 
    pests in North Dakota durum wheat, have developed resistance to 
    trifluralin herbicide. The applicant indicates that alternative, 
    registered herbicides do not provide reliable control of these weed 
    pests and that significant yield losses will occur if only currently 
    available materials can be used.
        This is the first year that the Applicant has requested this 
    pesticide for any use. The Applicant indicates
    
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    that North Dakota durum wheat acreage totals about 2.5 million acres. 
    Not all durum wheat acres are infested with trifluralin resistant 
    foxtails and the applicant requests that Puma 1EC treatments be 
    permitted on up to 300,000 acres of durum wheat which are infested with 
    trifluralin resistant foxtails. Applications of Puma 1EC would be made 
    postemergent to wheat and foxtail emergence via ground or aerial 
    application methods between May 15 and July 15, 1996 when foxtail weeds 
    are susceptible to control by this product. Application rates range 
    from 0.33 to 0.66 pints of Puma 1EC per acre depending on weed species 
    controlled.
        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 proposes use of a new chemical (40 CFR 166.24).
        A record has been established for this notice under docket number 
    [OPP-181013] (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 Filed 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 North Dakota State Department of 
    Agriculture.
    
    List of Subjects
    
        Environmental protection, Pesticides and pests, Emergency 
    exemptions.
    
        Dated: May 7, 1996.
    
    Stephen L. Johnson,
    Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 96-12192 Filed 5-14-96; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Published:
05/15/1996
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
96-12192
Dates:
Comments must be received on or before May 30, 1996.
Pages:
24494-24495 (2 pages)
Docket Numbers:
OPP-181013, FRL 5369-1
PDF File:
96-12192.pdf