[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Notices]
[Pages 3640-3641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1190]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180957; FRL 4928-2]


Receipt of Application for Emergency Exemption to Use Propazine; 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received specific exemption requests from the Oklahoma 
and the New Mexico Departments of Agriculture (hereafter referred to as 
the ``Applicants'') to use the pesticide propazine (CAS 139-40-2) to 
treat up to 280,000 and 50,000 acres, respectively, of sorghum to 
control pigweed. The Applicants propose 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 exemptions.

DATES: Comments must be received on or before February 2, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180957'' 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.
    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. 
1132, Crystal Mall No. 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: 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.

[[Page 3641]] 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 specific exemptions 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 Oklahoma and New Mexico with no preemergent herbicides that will 
adequately control certain broadleaf weeds, especially pigweed. Until 
1993-4, the first season an exemption was requested, growers were using 
existing stocks of propazine. The Applicants state 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 reregistration, 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 Applicants state 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 Applicants claim that significant 
economic losses will occur without the availability of propazine.
    The Applicants propose 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. Therefore, use under this exemption could potentially amount to 
a maximum total of 336,000 lbs. of active ingredient (84,000 gal. of 
product) in Oklahoma, and 60,000 lbs. of active ingredient (15,000 gal. 
of product) in New Mexico. This is the second time that Oklahoma and 
New Mexico have applied for this use of propazine on sorghum under 
section 18 of FIFRA. Oklahoma and New Mexico were issued exemptions for 
this use for last growing season.
    This notice does not constitute a decision by EPA on the 
applications themselves. 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). Such notice 
provides for opportunity for public comment on the application. 
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 exemptions requested by the Oklahoma and New Mexico 
Departments of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: January 6, 1995.

Lois Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-1190 Filed 1-17-95; 8:45 am]
BILLING CODE 6560-50-F