[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4659-4660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2235]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180987; FRL 4994-6]
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 Regulation (hereafter referred to as
the ``Applicant'') for use of the pesticide, bifenthrin (Capture), to
control silverleaf whitefly (SWF) on up to 40,000 acres of leaf lettuce
and 22,000 acres of broccoli, cauliflower, cabbage and rapini. 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-180987,'' 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-180987]. 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 bifenthrin, available as Capture 2EC from FMC Corporation, to
control silverleaf whitefly on up to 40,000 acres of leaf lettuce and
22,000 acres of broccoli, cauliflower, cabbage and rapini in
California. Information in accordance with 40 CFR part 166 was
submitted as part of this request.
According to the Applicant, California still does not have material
that will provide them with satisfactory late season control of the
silverleaf whitefly. The registrant (Miles, Inc.) for the registered
alternative product imidacloprid (Admire/Provado) does not want growers
to use imidacloprid throughout the growing season in order to eliminate
any potential that the whitefly may develop a resistant gene to
imidacloprid. When used as a combination, Imidacloprid (Admire) and
bifenthrin (Capture) allowed the growers to maintain the ability to
grow a marketable crop in 1993 and 1994. Without the use of bifenthrin,
the growers are forced into a situation in which they must do multiple
sprays with less effective materials. The Applicant believes the use of
bifenthrin as a foliar spray in combination with imidacloprid at
planting will provide excellent control of whiteflies. Without the use
of bifenthrin, the Applicant claims that growers will suffer
significant economic loss this growing season.
[[Page 4660]]
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 (a.i./A) [(5.2
to 6.4 fl. ozs. of product per acre)] by ground or air equipment. Not
to apply within 20 days of harvest. Do not apply by ground equipment
within 25 feet or by air within 150 feet of lakes, reservoirs, rivers,
permanent streams or natural ponds estuaries and commercial fish farms.
A 200-yard buffer for aerial application and 40 yards for ground
application shall be observed around aquatic habitats containing
endangered species (desert pupfish, and Delhi Sands flower Loving Fly).
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 bifenthrin on lettuce have been requested and granted
for the past 5 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-180987] (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 California Department of Pesticide Regulation.
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. 96-2235 Filed 2-6-96; 8:45 am]
BILLING CODE 6560-50-F
