[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10053-10054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5199]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-181034; FRL 5591-2]
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
Washington
[[Page 10054]]
Department of Agriculture (hereafter referred to as the ``Applicant'')
to use the pesticide bifenthrin (CAS 82657-04-3 cis and 83322-02-5
trans), formulated as Brigade WSB, to treat up to 9,500 acres of
raspberries to control weevils. This is the fifth year this use has
been requested, and it has been allowed under section 18 for the past 4
years. Since this request proposes a use which has been requested or
granted in any 3 previous years, and a complete application for
registration and petition for tolerance has not yet been submitted to
the Agency, EPA is soliciting public comment before making the decision
whether or not to grant the exemption, in accordance with 40 CFR
166.24(a)(6).
DATES: Comments must be received on or before March 20, 1997.
ADDRESSES: Three copies of written comments, bearing the identification
notation ``OPP-181034,'' 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
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-181034]. 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 8:30 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, DC 20460. Office
location, telephone number and e-mail: 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 Applicant has
requested the Administrator to issue a specific exemption for the use
of bifenthrin on raspberries to control weevils. Information in
accordance with 40 CFR part 166 was submitted as part of this request.
According to the Applicant, this emergency exists because of the
loss of the chlorinated hydrocarbon insecticides. Initially, raspberry
growers obtained some relief through use of carbofuran under an
exemption; however, that use was later disallowed due to groundwater
concerns. Exemptions were then issued for several years for use of
permethrin, but discontinued as the Applicant opted to request
bifenthrin instead, due to claims that use of permethrin disrupted
natural controls of other raspberry pests, leading to population flare-
ups of these pests (primarily mites). This use of bifenthrin has been
allowed under section 18 for the past four years, and the Applicant
states that alternative controls are not adequate to prevent
significant economic losses due to damage and contamination problems
from weevils.
Under the proposed exemption, bifenthrin would be applied at a rate
of 0.1 lb. a.i. per acre, with no more than 2 applications during the
growing season, not to exceed the rate of 0.2 lb. a.i. per acre using
ground equipment only. If all 9,500 acres are treated at this maximum
rate, this could potentially result in a total use of 1,900 lb. a.i.
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 for a specific
exemption proposing a use which has been requested or granted in any 3
previous years, and a complete application for registration and/or
tolerance petition has not been submitted to the Agency [40 CFR 166.24
(a)(6)]. Such notice provides for opportunity for public comment on the
application.
A record has been established for this notice under docket number
[OPP-181034] (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 8:30 a.m.
to 4 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 Washington Department of
Agriculture.
List of Subjects
Environmental protection, Pesticides and pests, Emergency
exemptions.
Dated: February 19, 1997.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 97-5199 Filed 3-4-97; 8:45 am]
BILLING CODE 6560-50-F