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Norflurazon. February 7, 1996. Request for Emergency Exemption. Federal Register.

http://www.epa.gov/docs/fedrgstr/EPA-PEST/1996/February/Day-07/pr-530.html

[Federal Register: February 7, 1996 (Volume 61, Number 26)] [Notices]
[Page 4663-4664]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

ENVIRONMENTAL PROTECTION AGENCY
[OPP-180988; FRL 4994-7]

Norflurazon; 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 Georgia Department of Agriculture (hereafter referred to as the ``Applicant'') for use of the pesticide, norflurazon, to control grasses on up to 150,000 acres of Bermudagrass in Georgia. 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 February 22, 1996.

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-180988,'' 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, DC 20460. In person, bring comments to: Rm. 1132, 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. 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 file format or ASCII file format. All comments and data in electronic form must be identified by the docket number [OPP-180988]. No Confidential Business Information (CBI) should be submitted through e-mail. Electronic comments on this notice may be filed online at many Federal Depository Libraries. Additional information on electronic submissions can be found below in this document.
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 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 #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8 a.m. to 4:30 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Margarita Collantes, Registration Division (7505W), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: 6th Floor, Crystal Station I, 2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8347; e-mail: collantes.margarita@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 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 use of the herbicide, norflurazon, available as Zorial Rapid 80 from Sandoz Agro, Inc., to control grasses on up to 150,000 acres of Bermudagrass hay fields in Georgia. Information in accordance with 40 CFR part 166 was submitted as part of this request.
According to the Applicant, large crabgrass, goosegrass and broadleaf signalgrass invade exposed soil seedbeds in newly sprigged Bermudagrass strands. These weeds were traditionally controlled with simazine; however, in 1987, CIBA-GEIGY canceled the registration use in hay fields rather than incur reregistration cost. Since that time there had not been a registered herbicide that will provide control of weedy annual grasses in Bermudagrass hay fields. Although 2,4-D (Esteron 99C) is registered for preemergence control in newly sprigged forage Bermudagrass, it has not consistently provided season long control of annual grasses. Without a control, these grasses can severely restrict Bermudagrass growth following vegetation propagation, limit production

[[Page 4664]]
and reduce forage value. The applicant will suffer significant economic net loss of 1.224 million dollars on newly sprigged fields and a net loss of 1.883 million dollars on established fields if the request for use of norflurazon on Bermudagrass is not granted. Under the proposed exemption, a single application of Zorial Rapid 80 will be made at 0.6 lb to 1.9 lbs of product [(0.5 to 1.5 lbs. active ingredient (a.i./A))] per acre from February 15 to July 1, 1996. Do not graze or feed foliage from treated areas to livestock within 60 days after application.
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 norflurazon on Bermudagrass have been requested and granted for the past 4 years, and an application for registration of this use has not been submitted to the Agency. A record has been established for this notice under docket number [OPP-180988] (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 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The public record is located in Room 1132 of the Public Response and Program Resources Branch, Field Operations Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. 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. The official record for this notice, as well as the public version, as described above will be kept in paper form. Accordingly, EPA will transfer all comments received electronically into printed, paper form as they are received and will place the paper copies in the official record which will also include all comments submitted directly in writing. The official record is the paper record maintained at the address in ``ADDRESSES'' at the beginning of this document. 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 Georgia Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: January 26, 1996.

Stephen Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-2234 Filed 2-6-96; 8:45 am] BILLING CODE 6560-50-F