[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4659-4660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2235]



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ENVIRONMENTAL PROTECTION AGENCY

[OPP-180987; FRL 4994-6]


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 Regulation (hereafter referred to as 
the ``Applicant'') for use of the pesticide, bifenthrin (Capture), to 
control silverleaf whitefly (SWF) on up to 40,000 acres of leaf lettuce 
and 22,000 acres of broccoli, cauliflower, cabbage and rapini. 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 February 22, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180987,'' should be submitted by mail to: Public 
Response and Human 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: [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-180987]. 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 #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; e-mail: 
[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 silverleaf whitefly on up to 40,000 acres of leaf lettuce and 
22,000 acres of broccoli, cauliflower, cabbage and rapini in 
California. 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 (Miles, 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 (Admire) and 
bifenthrin (Capture) allowed the growers to maintain the ability to 
grow a marketable crop in 1993 and 1994. Without the use of bifenthrin, 
the growers are forced into a situation in which they must do multiple 
sprays with less effective materials. 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.

[[Page 4660]]

    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 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 5 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-180987] (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 California Department of Pesticide Regulation.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: January 26, 1996.

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

[FR Doc. 96-2235 Filed 2-6-96; 8:45 am]
BILLING CODE 6560-50-F