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Lactofen; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: March 29, 1995]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180966; FRL 4943-7]
 
Lactofen; Receipt of Application for Emergency Exemption, 
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 Oregon 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
for use of the pesticide Lactofen (Cobra Herbicide) (EPA Reg. No. 
59639-34) manufactured by Valent U.S.A. Corp., to control black 
nightshade, hairy nightshade, and redroot pigweed on up to 2,000 acres 
of snap beans. 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 13, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180966,'' 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. 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, DC 20460. Office 
location and telephone number: 6th Floor, Crystal Station I, 2800 
Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8328; e-mail: 
fried.larry@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 the use of Lactofen (Cobra Herbicide). The Applicant 
provided information (in accordance with 40 CFR part 166) to the Agency 
which supports the position that an emergency situation would exist for 
Oregon snap bean growers if Cobra Herbicide is not available for use 
this growing season.
    According to the Applicant, infestations of black night shade, 
hairy nightshade, and redroot pigweed have caused significant yield 
reductions in snap bean fields in Oregon. The registered herbicides do 
not control these identified weed species.
    Snap bean crop yields have significantly declined and the incidence 
of weed contamination in the final product has increased steadily since 
the loss of Chloramben Herbicide (Amiben).
    Under the proposed exemption a maximum of one application could be 
applied, at a rate of 3/4 pint (.1875 lb. active ingredient (a.i.)) of 
product per acre. A maximum of 281.25 gallons of product or 375 lbs. of 
(a.i.) could be applied in 1995. Application would occur between April 
1, 1995 and July 31, 1995.
    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 Cobra Herbicide 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 Oregon Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: March 17, 1995.
Lois Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 95-7582 Filed 3-28-95; 8:45 am]
BILLING CODE 6560-50-F

 
 

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