[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Pages 56180-56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28658]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181049; FRL 5751-6]
Bifenthrin; 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
California Department of Pesticide Regulations (hereafter referred to
as the ``Applicant'') to use the pesticide bifenthrin (CAS #8657-04-3
cis and 83322-02-5 trans), formulated as Capture 2EC, to treat up to
22,000 acres of broccoli, cauliflower, cabbage, and rapini; and 40,000
acres of lettuce, to control silverleaf whitefly. An emergency
exemption has been requested for this use for the previous 6 years.
Since this request proposes a use which has been requested or granted
in any 3 previous years, and a complete application for registration
and petition for tolerance has not yet been submitted to the Agency,
EPA is soliciting public comment before making the decision whether or
not to grant the exemption, in accordance with 40 CFR 166.24(a)(6).
DATES: Comments must be received on or before November 13, 1997.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181049,'' 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. 1132, Crystal Mall #2, 1921 Jefferson Davis
Highway, Arlington, VA.
Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instructions under ``SUPPLEMENTARY
INFORMATION.'' No Confidential Business Information (CBI) should be
submitted through e-mail.
Information submitted as a comment concerning this document 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 will be included in the
public docket by EPA without prior notice. The public docket is
available for public inspection in Rm. 1132 at the Virginia address
given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location, telephone number and e-mail: Crystal Mall #2, Rm. 267, 1921
Jefferson Davis Highway, Arlington, VA, (703) 308-9356; e-mail:
beard.andrea@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
[[Page 56181]]
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 bifenthrin on broccoli,
cauliflower, cabbage, lettuce, and rapini to control whiteflies.
Information in accordance with 40 CFR part 166 was submitted as part of
this request.
According to the Applicant, materials are still not available to
growers which will provide them with satisfactory late season control
of the silverleaf whitefly. An alternative is available for early
season control (imidacloprid), which the registrant (Bayer, Inc.) does
not want used throughout the growing season, in order to avoid
potential for the whitefly to develop resistance to imidacloprid. The
Applicant states that when used in a complementary fashion
(imidacloprid for early season control, and bifenthrin for late), these
two materials have helped the growers to continue to grow a marketable
crop in the past several years. Without this use of bifenthrin, the
Applicant claims that growers will suffer significant economic loss due
to inadequate control of the silverleaf whitefly in the aforementioned
crops.
Under the proposed exemption, a maximum of four applications for
lettuce, and five applications for broccoli, cauliflower, cabbage, and
rapini would be made at 0.08 to 0.1 lb. active ingredient (5.2 to 6.4
fl. oz. of product) per acre, by ground or air equipment. At the
maximum rates and acreages, the uses proposed in this request could
result in a potential total of 27,000 lbs. of active ingredient used.
Other restrictions proposed include: a 20-day pre-harvest interval;
aquatic buffer zones of 25 ft. for ground and 150 ft. by air; and
buffer zones around endangered species habitat of 40 yards for ground
and 200 yards by aerial application.
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 a use which has been requested or granted in any 3
previous years, and a complete application for registration and/or
tolerance petition has not been submitted to the Agency [40 CFR 166.24
(a)(6)]. 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-181049]
(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 notice
record is located at the address in ``ADDRESSES'' at the beginning of
this document.
Electronic comments can be sent directly to EPA at: 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 5.1/6.1 or ASCII file
format. All comments and data in electronic form must be identified by
the docket control number [OPP-181049]. 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 Department of Pesticide
Regulation.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: October 17, 1997.
James Jones,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 97-28658 Filed 10-28-97; 8:45 am]
BILLING CODE 6560-50-F
