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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180940; FRL 4867-6]

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 a specific exemption request from the Kansas

Department of Agriculture (hereafter referred to as the ``Applicant'')

to use the pesticide propazine (CAS 139-40-2) to treat up to 120,000

acres of sorghum to control various weeds. 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 June 23, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180940,'' 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 Applicant claims that this has left many sorghum

growers with no pre-emergent herbicides that will adequately control

certain broadleaf weeds, especially pigweed. The Applicant states that

other available herbicides have serious limitations on their use,

making them unsuitable for control of pigweed in sorghum. The Applicant

claims that significant economic losses will occur without the

availability of propazine.

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 proposes to apply propazine at a maximum rate of 1.2

lbs. a.i. (2.4 pt. of product) per acre, by ground or air, to a maximum

of 120,000 acres of sorghum, with one application allowed per crop

growing season. Therefore, use under this exemption could potentially

amount to a maximum total of 144,000 lbs. of active ingredient (36,000

gal. of product). This is the first time that Kansas has applied for

this use of propazine on sorghum. Requests for exemptions for this use

were also received earlier this year from Oklahoma and Colorado, which

are currently under EPA review. New Mexico and Texas were recently

issued exemptions for this use for this growing season, and Texas was

issued an exemption for this use for last growing season. 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 Kansas Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: May 20, 1994.

Stephanie R. Irene,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-13676 Filed 6-7-94; 8:45 am]

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