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Fomesafen; 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-180963; FRL 4942-4]
 
Fomesafen; 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 New 
York State Department of Environmental Conservation (hereafter referred 
to as the ``Applicant'') for use of the pesticide fomesafen (Reflex 
2LC) (EPA Reg. No. 10182-83) manufactured by Zeneca Ag Products, to 
control broadleaf weeds on up to 24,383 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-180963,'' 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 Reflex 2LC. 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 New York snap bean 
growers if Reflex 2LC is not available for use this growing season.
    According to the Applicant, infestations of broadleaf weeds have 
caused significant yield reductions in dry and snap bean fields in New 
York State. 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 one application could be 
applied, at a rate of 1.0 to 1.25 pints of Reflex 2LC per acre (0.25 to 
0.313 lb active ingredient (a.i.) per acre). A maximum of 3,816 gallons 
of product or 7,632 pounds of (a.i.) could be applied [[Page 16132]] in 
1995. Applications would be made between June 1, and August 15, 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 fomesafen on snap and dry beans 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.
    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 New York State Department of Environmental 
Conservation.

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. 95-7584 Filed 3-28-95; 8:45 am]
BILLING CODE 6560-50-F

 
 

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