[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Pages 56180-56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28658]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181049; FRL 5751-6]


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 Regulations (hereafter referred to 
as the ``Applicant'') to use the pesticide bifenthrin (CAS #8657-04-3 
cis and 83322-02-5 trans), formulated as Capture 2EC, 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 has been requested for this use for the previous 6 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 November 13, 1997.
ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181049,'' should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), 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 to: opp-
[email protected]. Follow the instructions under ``SUPPLEMENTARY 
INFORMATION.'' No Confidential Business Information (CBI) should be 
submitted through e-mail.
    Information submitted as a comment concerning this document 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 submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. The public docket is 
available for public inspection in Rm. 1132 at the Virginia address 
given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number and e-mail: Crystal Mall #2, Rm. 267, 1921 
Jefferson Davis Highway, Arlington, VA, (703) 308-9356; 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

[[Page 56181]]

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 broccoli, 
cauliflower, cabbage, lettuce, and rapini to control whiteflies. 
Information in accordance with 40 CFR part 166 was submitted as part of 
this request.
    According to the Applicant, materials are still not available to 
growers which will provide them with satisfactory late season control 
of the silverleaf whitefly. An alternative is available for early 
season control (imidacloprid), which the registrant (Bayer, Inc.) does 
not want used throughout the growing season, in order to avoid 
potential for the whitefly to develop resistance to imidacloprid. The 
Applicant states that when used in a complementary fashion 
(imidacloprid for early season control, and bifenthrin for late), these 
two materials have helped the growers to continue to grow a marketable 
crop in the past several years. Without this use of bifenthrin, the 
Applicant claims that growers will suffer significant economic loss due 
to inadequate control of the silverleaf whitefly in the aforementioned 
crops.
    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 (5.2 to 6.4 
fl. oz. of product) per acre, by ground or air equipment. At the 
maximum rates and acreages, the uses proposed in this request could 
result in a potential total of 27,000 lbs. of active ingredient used. 
Other restrictions proposed include: a 20-day pre-harvest interval; 
aquatic buffer zones of 25 ft. for ground and 150 ft. by air; and 
buffer zones around endangered species habitat of 40 yards for ground 
and 200 yards by aerial application.
    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.
    The official record for this notice, as well as the public version, 
has been established for this notice under docket number [OPP-181049] 
(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 official notice 
record is located at the address in ``ADDRESSES'' at the beginning of 
this document.
    Electronic comments can be sent directly to EPA at: opp-
[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 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket control number [OPP-181049]. Electronic comments on this 
notice may be filed online at many Federal Depository Libraries.
    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 
Regulation.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: October 17, 1997.

James Jones,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 97-28658 Filed 10-28-97; 8:45 am]
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