[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14458-14459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7301]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181057; FRL 5780-1]
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
Washington Department of Agriculture (hereafter referred to as the
``Applicant'') to use the pesticide bifenthrin (CAS 8657-04-3 cis and
83322-02-5 trans), formulated as Brigade WSB, to treat up to 9,500
acres of raspberries to control weevils. This is the sixth year this
use has been requested, and it has been allowed under section 18 for
the past 5 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 April 9, 1998.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181057,'' 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. 119, Crystal Mall #2, 1921 Jefferson Davis
Highway, Arlington, VA.
Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instruction under ``SUPPLEMENTARY
INFORMATION.'' No Confidential Business Information (CBI) should be
submitted through e-mail.
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 submitted for inclusion in the public
record. Information not marked confidential may be included in the
public record by EPA without prior notice. The public docket is
available for public inspection in Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Highway, Arlington, VA, 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: Rm. 267, Crystal Mall #2, 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 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 raspberries to control weevils. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
According to the Applicant, this emergency exists because of the
loss of the chlorinated hydrocarbon insecticides. Initially, raspberry
growers obtained some relief through use of carbofuran under an
exemption; however, that use was later disallowed
[[Page 14459]]
due to groundwater concerns. Exemptions were then issued for several
years for use of permethrin, but discontinued as the Applicant opted to
request bifenthrin instead, due to claims that use of permethrin
disrupted natural controls of other raspberry pests, leading to
population flare-ups of these pests (primarily mites). This use of
bifenthrin has been allowed under section 18 for the past 5 years, and
the Applicant states that alternative controls are not adequate to
prevent significant economic losses due to damage and contamination
problems from weevils.
Under the proposed exemption, bifenthrin would be applied at a rate
of 0.1 lb. active ingredient (a.i.) per acre, with no more than 2
applications during the growing season, not to exceed the rate of 0.2
lb. a.i. per acre using ground equipment only. If all 9,500 acres are
treated at this maximum rate, this could potentially result in a total
use of 1,900 lb. a.i.
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-181057]
(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 record is
the paper record maintained at the address in ``ADDRESSES'' at the
beginning of this document.
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. Comments and data
will also be accepted on disks in WordPerfect in 5.1/6.1 or ASCII file
format. All comments and data in electronic form must be identified by
the docket number [OPP-181057]. 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 Washington Department of
Agriculture.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: March 13, 1998
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 98-7301 Filed 3-24-98; 8:45 am]
BILLING CODE 6560-50-F
