94-4537. Receipt of Application for Emergency Exemption to use Bifenthrin; Solicitation of Public Comment  

  • [Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-4537]
    
    
    [[Page Unknown]]
    
    [Federal Register: March 2, 1994]
    
    
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    ENVIRONMENTLAL PROTECTION AGENCY
    [OPP-180921; FRL 4761-6]
    
     
    
    Receipt of Application for Emergency Exemption to use Bifenthrin; 
    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 Environmental Protection Agency (hereafter referred to as 
    the ``Applicant'') to use the pesticide bifenthrin [CAS 82657-04-3 cis 
    isomer and CAS 83322-02-5 trans isomer] to treat up to 200,000 acres of 
    cucurbits (cucumbers, melons, pumpkins, and squash) to control the 
    sweet potato whitefly. 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 March 17, 1994.
    
    ADDRESSES: Three copies of written comments, bearing the identification 
    notation ``OPP-180921,'' 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, D.C. 20460. In person, bring comments to: 
    Rm. 1132, 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. 
    1132, Crystal Mall No. 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: Andrea Beard, Registration 
    Division (7505W), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office 
    location and telephone number: Floor 6, Crystal Station #1, 2800 
    Jefferson Davis Highway, Arlington, VA, (703) 308-8791.
    
    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 bifenthrin on cucurbits to control the sweet potato whitefly. 
    Information in accordance with 40 CFR part 166 was submitted as part of 
    this request.
        The sweet potato whitefly (SPWF) is a relatively new pest on 
    cucurbits. The SPWF has caused severe economic damage to several other 
    commodities nationwide including cotton, lettuce, squash, beans, 
    peanuts, and ornamentals. SPWF causes damage through feeding 
    activities, and also indirectly through the production of a honeydew, 
    which encourages growth of sooty mold and other fungi. The Applicant 
    claims that adequate control of the SPWF is not being achieved with the 
    currently registered compounds. The Applicant claims that significant 
    economic losses are expected in California cucurbit production if the 
    SPWF is not adequately controlled, and is therefore requesting this use 
    of bifenthrin.
        The Applicant proposes to apply bifenthrin at a maximum rate of 0.1 
    lb. active ingredient (a.i.) (6.4 oz. of product) per acre with up to 
    three applications allowed, and a maximum of 0.3 lb. a.i. per acre per 
    season, on a total of 200,000 acres of cucurbits. It is possible to 
    produce two cucurbit crops per calendar year on a given acre, and 
    therefore, the acreage could potentially receive 6 applications, 
    (maximum of 0.6 lb. a.i. per acre) per calendar year. Therefore, use 
    under this exemption could potentially amount to a maximum total of 
    120,000 lbs. of active ingredient. This notice does not constitute a 
    decision by EPA on the application itself. This is the third time that 
    the Applicant has applied for the use of bifenthrin on cucurbits, and 
    the fourth year that this use has been requested under section 18. 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 proposing use of a pesticide 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 
    and/or a petition for tolerance for residues in or on the commodity has 
    not been submitted to the Agency [40 CFR 166.24(a)(6)].
        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 Environmental Protection Agency.
    
    List of Subjects
    
        Environmental protection, Pesticides and pests, Crisis exemptions.
    
        Dated: February 17, 1994.
    
    Stephen L. Johnson,
    Acting Director, Registration Division, Office of Pesticide Programs.
    
    [FR Doc. 94-4537 Filed 3-1-94; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
03/02/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Notice.
Document Number:
94-4537
Dates:
Comments must be received on or before March 17, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 2, 1994, OPP-180921, FRL 4761-6