[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Notices]
[Pages 8932-8933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4971]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180993; FRL 5349-9]


Bifenthrin; Receipt of Applications for Emergency Exemptions, 
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 Arizona 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 113,000 and 28,000 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 March 21, 1996.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180993,'' 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. 
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-180993]. 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: Andrea Beard, 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) 308-8791; 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 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 Arizona 
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 113,000 acres of cucurbits in California, and 
28,000 acres of cucurbits in Arizona. 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 60,000 lbs. of active 
ingredient in California and 8,400 lbs. of active ingredient in 
Arizona.
    This notice does not constitute a decision by EPA on the 
applications themselves. This is the sixth 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)].
    A record has been established for this notice under docket number 
[OPP-180993] (including comments and data 

[[Page 8933]]
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:
    [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 exemptions 
requested by the California Environmental Protection Agency and the 
Arizona Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: February 23, 1996.

Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 96-4971 Filed 3-5-96; 8:45 am]
BILLING CODE 6560-50-F