FLUORIDE ACTION NETWORK PESTICIDE PROJECT

Return to FAN's Pesticide Homepage

Return to Trifluralin Index Page

Trifluralin. May 15, 1996. Comment from ND DOA: Foxtails, major weed pests in North Dakota durum wheat, have developed resistance to trifluralin herbicide. Federal Register.

http://www.epa.gov/fedrgstr/EPA-PEST/1996/May/Day-15/pr-699.html

ENVIRONMENTAL PROTECTION AGENCY
[OPP-181013; FRL 5369-1]

Puma 1EC; 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 North Dakota State Department of Agriculture (hereafter referred to as the ``Applicant'') for use of the pesticide fenoxyprop-p-ethyl plus a new inert ingredient safener, 1-(2,4-dichlorophenyl)-4,5-dihydro-5-methyl- 1H-pyrazole-3,5-dicarboxylic acid, diethyl ester to control green and yellow foxtail on up to 300,000 acres of durum wheat. The Applicant proposes the first food use of an inert ingredient; 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 May 30, 1996.

ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-181013,'' should be submitted by mail to: Public Response and Program Resources 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. 1128, 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-181013]. 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 No. 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: Pat Cimino, 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 #1, 2800 Jefferson Davis Highway, Arlington, VA (703) 308-8328; e-mail: cimino.pat@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 Applicants have requested the Administrator to issue a specific exemption for the use of the herbicide Puma 1EC which contains the registered herbicide active ingredient, fenoxyprop-p-ethyl, plus an unregistered inert ingredient safener, to control green and yellow foxtail on up to 300,000 acres of durum wheat in North Dakota. Information in accordance with 40 CFR part 166 was submitted as part of this request. The Applicant states that green and yellow foxtails, major weed pests in North Dakota durum wheat, have developed resistance to trifluralin herbicide. The applicant indicates that alternative, registered herbicides do not provide reliable control of these weed pests and that significant yield losses will occur if only currently available materials can be used.
This is the first year that the Applicant has requested this pesticide for any use. The Applicant indicates

[[Page 24495]]

that North Dakota durum wheat acreage totals about 2.5 million acres. Not all durum wheat acres are infested with trifluralin resistant foxtails and the applicant requests that Puma 1EC treatments be permitted on up to 300,000 acres of durum wheat which are infested with trifluralin resistant foxtails. Applications of Puma 1EC would be made postemergent to wheat and foxtail emergence via ground or aerial application methods between May 15 and July 15, 1996 when foxtail weeds are susceptible to control by this product. Application rates range from 0.33 to 0.66 pints of Puma 1EC per acre depending on weed species controlled.

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 proposes use of a new chemical (40 CFR 166.24). A record has been established for this notice under docket number [OPP-181013] (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 Resource 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 Filed 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 North Dakota State Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Emergency exemptions.

Dated: May 7, 1996.

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

[FR Doc. 96-12192 Filed 5-14-96; 8:45 am] BILLING CODE 6560-50-F