[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Notices]
[Pages 41154-41155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19966]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181021; FRL 5387-7]
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 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
for this use has been requested for the previous 6 years, and a
complete application for registration of this use and a tolerance
petition has not been submitted to the Agency. Therefore, 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 August 22, 1996.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181021,'' should be submitted by mail to: Public
Response and Program 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
[[Page 41155]]
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-181021]. 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 No. 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: Floor 6, Crystal Station #1, 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 the use
of bifenthrin on lettuce, broccoli, cauliflower, cabbage, and rapini to
control silverleaf whitefly (SWF). 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 (Bayer, 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 and bifenthrin
allowed the growers to maintain the ability to grow a marketable crop
in 1993 and 1994. Without the use of bifenthrin, the Applicant claims
that growers will suffer significant economic loss this growing season.
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
publication of a notice of receipt of an application if a specific
exemption use has been requested in any 3 previous years, and a
complete application for registration of the use and/or a tolerance
petition has not been submitted to the Agency [etc., see 40 CFR
166.24]. Such notice provides for opportunity for public comment on the
application.
A record has been established for this notice under docket number
[OPP-181021] (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
Resource 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, 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
Regulations.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: July 26, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 96-19966 Filed 8-6-96; 8:45 am]
BILLING CODE 6560-50-F
