[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Notices]
[Pages 45159-45160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21412]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180979; FRL 4974-5]


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 Arizona 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
for use of the pesticide, bifenthrin (Capture), to control sweetpotato 
whitefly (SWF) on up to 5,500 acres of leaf lettuce and 6,100 acres of 
cauliflower in Arizona. 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 September 14, 1995.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180979,'' 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, DC 20460. In person, bring comments to: Rm. 
1128, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. 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 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-180979]. 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. 1128, Crystal Mall #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: 6th Floor, Crystal Station I, 
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8347; Internet 
address: [email protected].

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 use of 
the bifenthrin, available as Capture 2EC from FMC Corporation, to 
control sweetpotato whitefly on up to 5,500 acres of leaf lettuce and 
6,100 acres of cauliflower per season in Arizona. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    According to the Applicant, the lack of hard freezes during the 
past winter 

[[Page 45160]]
has allowed a large number of whiteflies to survive. Although 
imidacloprid was recently registered as an alternative to control the 
SWF, a single soil application of imidacloprid will not adequately 
protect the crop throughout the full production cycle. Imidacloprid is 
systemic and can be taken up by the seedling as it emerges through the 
soil, and will have minimal impact on beneficial predators and 
parasites of the whitefly. Foliar application will be needed to provide 
additional control of whiteflies later in the season. It might be 
possible to utilize imidacloprid for these foliar applications, but its 
mode of action is such that development of resistance is a major 
concern. The mode of action of this product depends on its ability to 
interact with a specific neuroreceptor of the pest. Should pest 
populations develop in which this neuroreceptor is altered, resistance 
would result. Bayer is well aware of this fact and will not support 
continued use of their product later into the vegetable growing season. 
The Applicant believes the use of bifenthrin as a foliar spray in 
combination with imidacloprid at planting will provide excellent 
control of whiteflies. 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 per 
crop season for lettuce, and a maximum of 5 applications per crop 
season for cauliflower would be made at [0.08 to 0.1 lb of 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 shall be observed around 
aquatic habitats containing endangered species (desert pupfish, 
woundfin and Gila topminnow).
    This notice does not constitute a decision by EPA on the 
application itself. 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 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 
has not been submitted to the Agency [40 CFR 166.24(a)(6). Exemptions 
for the use of bifenthrin on lettuce have been requested and granted 
for the past 3 years, and an application for registration of this use 
has not been submitted to the Agency.
     A record has been established for this notice under docket number 
``[OPP-180979]'' (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 Resources 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:

    [email protected]

    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 will review and consider all comments received during the 
comment period in determining whether to issue the emergency exemption 
requested by the Arizona Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: August 18, 1995.

Susan Lewis,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-21412 Filed 8-29-95; 8:45 am]
BILLING CODE 6560-50-F