[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Notices]
[Pages 2749-2750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-588]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180955; FRL 4926-8]


Receipt of Applications for Emergency Exemptions to use 
Propazine; 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; 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 January 26, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180955,'' 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.

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. 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 third time

[[Page 2750]]

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 two 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). 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 exemption requested by the Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: December 22, 1994.

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

[FR Doc. 95-588 Filed 1-10-95; 8:45 am]
BILLING CODE 6560-50-F