[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