[Federal Register: April 15, 1998 (Volume 63, Number 72)] [Notices] [Page 18420-18421] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15ap98-91] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-181060; FRL 5782-4] Carfentrazone ethyl; Receipt of Application for Emergency Exemption, Solicitation of Public Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: EPA has received a specific exemption request from the California Environmental Protection Agency, Department of Pesticide Regulation (hereafter referred to as the ``Applicant'') to use the pesticide carfentrazone ethyl (CAS 128639-02-1) to treat up to 70,000 acres of rice to control California arrowhead Sagittaria montevidensis spp. Calcycina) and Ricefield bulrush Scirpus mucronatus. 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 April 30, 1998. ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-181060,'' should be submitted by mail to: Public Information and Records Integrity Branch, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. In person, bring comments to: Rm. 119, 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. Follow the instruction under ``SUPPLEMENTARY INFORMATION.'' No Confidential Business Information (CBI) should be submitted through e-mail. 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 submitted for inclusion in the public record. Information not marked confidential may be included in the public record by EPA without prior notice. The public docket is available for public inspection in Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: By mail: Stephen Schaible, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location, telephone number, and e-mail: Floor 2, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, (703-308-9362); e- mail: schaible.stephen@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 [[Page 18421]] 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 carfentrazone ethyl on rice to control California arrowhead Sagittaria montevidensis spp. Calcycina and ricefield bulrush Scirpus mucronatus. Information in accordance with 40 CFR part 166 was submitted as part of this request. According to the Applicant, these two weed species cause economic damage by competing with rice plants for soil, nutrients and sunlight, and by interfering with harvesting equipment to reduce yields. Resistance to the registered alternative herbicide of choice, bensulfuron methyl, has occurred; resistance was first reported in 1992 and a survey conducted in 1995 estimated that 60% of rice fields have resistant California arrowhead and 15% have resistant ricefield bulrush. Phenoxy herbicides such as MCPA or 2,4-D may be used on bensulfuron methyl resistant weeds, but are phytotoxic to rice plants. Additionally, manufacturers have announced that they will not supply these products in the Sacramento Valley, due to persistent concerns about off-target applications, drift and damage symptoms on non-target crops, especially cotton. Propanil and triclopyr may offer partial control of these weeds, but neither is labeled for this use. Under the proposed exemption, a maximum of 12 oz. of product (0.3 lbs. active ingredient (a.i.)) per acre per season may be used. Two applications are specified, by air or ground; for early postseeding applications to flooded paddies with water-seeded rice, apply 8 ounces (2 lbs. a.i.) per acre, and for postemergent applications to rice with weeds exposed, apply 4 oz. of product (0.1 lbs. a.i.) per acre. A postharvest interval (PHI) of 7 days is specified, as is a Restricted Entry Interval (REI) of 12 days. The use of carfentrazone ethyl is only allowed if the following conditions are met: (1) It has been documented that the listed weeds on this section 18 are not controlled by bensulfuron methyl in the field(s) that are to be treated with carfentrazone ethyl, or where propanil cannot be used due to buffer zone restrictions. (2) Field(s) that are to be treated are within the propanil buffer zones. This section 18 emergency exemption is not for use on wild rice. 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) or if an emergency exemption for a use has been requested in any 3 previous years, and a complete application for registration of the use and/or a tolerance petition has not been submitted to the Agency. Such notice provides for opportunity for public comment on the application. The official record for this notice, as well as the public version, has been established for this notice under docket number [OPP-181060] (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 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The official record is the paper record maintained at the address in ``ADDRESSES'' at the beginning of this document. 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. Comments and data will also be accepted on disks in WordPerfect in 5.1/6.1 or ASCII file format. All comments and data in electronic form must be identified by the docket number [OPP-181060]. Electronic comments on this notice may be filed online at many Federal Depository Libraries. 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 California Environmental Protection Agency, Department of Pesticide Regulation. List of Subjects Environmental protection, Pesticides and pests, Emergency exemptions. Dated: April 1, 1998. James Jones, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 98-10018 Filed 4-14-98; 8:45 am] BILLING CODE 6560-50-F