Receipt of Application for Emergency Exemption to use Fomesafen; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180932; FRL 4771-7]

Receipt of Application for Emergency Exemption to use Fomesafen;

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

Arkansas State Plant Board (hereafter referred to as the ``Applicant'')

for use of the pesticide Fomesafen (EPA Reg. No. 10182-83) to control

broadleaf weeds on up to 1,000 acres of snap beans in Arkansas. 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 2, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180932,'' should be submitted by mail to: Public

Response and Human Resource Branch, Field Operations Division (7506C),

Office of Pesticide Programs, Environmental Protection Agency, 401 M

St., SW., Washington, D.C. 20460. In person, bring comments to: Rm.

1128, 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.

1128, Crystal Mall #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: Larry Fried, Registration

Division (7505W), Office of Pesticide Programs, Environmental

Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office

location and telephone number: 6th Floor, Crystal Station I, 2800

Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8328.

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 the herbicide, fomesafen, available as Reflex

2LC (EPA Reg. No. 10182-83) from Zeneca Inc., to control broadleaf

weeds. Information in accordance with 40 CFR part 166 was submitted as

part of this request.

According to the Applicant, infestations of broadleaf weeds have

caused serious yield reductions in snap bean fields in Arkansas.

Cultural practices and the use of registered alternative herbicides

have proven ineffective in controlling a variety of broadleaf weed

species. Bean crop yields have significantly declined and the incidence

of weed contamination in the final product has increased steadily since

the loss of the herbicide Premerge (dinoseb) in 1987.

Under the proposed exemption a maximum of two ground applications

could be applied. Maximum use of fomesafen would not exceed 1.5 pints

of formulated product/A (0.375 lb. a.i./A per year). A maximum of 188

gallons of formulated product (375 lbs. a.i.) could be applied in 1994

on up to 1,000 acres of spring and fall crop snap beans. Applications

would be made between April 31 and September 10, 1994.

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 has been requested or granted for that use in any 3

previous years, and a complete application for registration of that use

has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions

for the use of fomesafen on snap beans have been requested and granted

for the past 3 years, and an application for registration of this use

has not been submitted to the Agency.

Accordingly, interested persons may submit written views on this

subject to the Field Operations Division at the address above. The

Agency will review and consider all comments received during the

comment period in determining whether to issue the emergency exemption

requested by the Arkansas State Plant Board.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: April 1, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-9160 Filed 4-14-94; 8:45 am]

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