[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Notices]
[Pages 2962-2963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-819]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180956; FRL 4928-1]


Receipt of Applications for Emergency Exemptions to Use 
Bifenthrin; Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received specific exemption requests from the 
California Environmental Protection Agency and the Texas Department of 
Agriculture (hereafter referred to as the ``Applicants'') to use the 
pesticide bifenthrin [CAS 82657-04-3 (cis isomer) and CAS 83322-02-5 
(trans isomer)] to treat up to 200,000 and 36,000 acres, respectively, 
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 exemptions.

DATES: Comments must be received on or before January 27, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180956,'' should be [[Page 2963]] 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 Applicants have 
requested the Administrator to issue specific exemptions 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. This pest also 
causes a physiological disorder resulting in irregular ripening of 
fruit, believed to be caused by transmission of a geminivirus. The 
Applicants claim that adequate control of the SPWF is not being 
achieved with the currently registered compounds. The Applicants claim 
that significant economic losses are expected in California and Texas 
cucurbit production if the SPWF is not adequately controlled, and are 
therefore requesting this use of bifenthrin.
    The Applicants propose 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 in California, and 
36,000 acres of cucurbits in Texas. 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 these exemptions 
could potentially amount to a maximum total of 120,000 lbs. of active 
ingredient in California and 21,600 lbs. of active ingredient in Texas.
    This notice does not constitute a decision by EPA on the 
applications themselves. This is the fifth 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 exemptions 
requested by the California Environmental Protection Agency and the 
Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: January 4, 1995.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-819 Filed 1-11-95; 8:45 am]
BILLING CODE 6560-50-F