[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)] [Notices] [Pages 41154-41155] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-19966] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-181021; FRL 5387-7] Bifenthrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: EPA has received a specific exemption request from the California Department of Pesticide Regulations (hereafter referred to as the ``Applicant'') to use the pesticide bifenthrin to treat up to 22,000 acres of broccoli, cauliflower, cabbage and rapini and 40,000 acres of lettuce to control silverleaf whitefly. An emergency exemption for this use has been requested for the previous 6 years, and a complete application for registration of this use and a tolerance petition has not been submitted to the Agency. Therefore, 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 August 22, 1996. ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-181021,'' should be submitted by mail to: Public Response and Program 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 [[Page 41155]] 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-181021]. 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: Margarita Collantes, 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) 308-8347; 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 the use of bifenthrin on lettuce, broccoli, cauliflower, cabbage, and rapini to control silverleaf whitefly (SWF). 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 (Bayer, 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 and bifenthrin allowed the growers to maintain the ability to grow a marketable crop in 1993 and 1994. 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 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 publication of a notice of receipt of an application if a specific exemption use has been requested in any 3 previous years, and a complete application for registration of the use and/or a tolerance petition has not been submitted to the Agency [etc., see 40 CFR 166.24]. Such notice provides for opportunity for public comment on the application. A record has been established for this notice under docket number [OPP-181021] (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 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, accordingly, 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 Regulations. List of Subjects Environmental protection, Pesticides and pests, Emergency exemptions. Dated: July 26, 1996. Stephen L. Johnson, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 96-19966 Filed 8-6-96; 8:45 am] BILLING CODE 6560-50-F