[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)] [Notices] [Pages 14458-14459] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-7301] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-181057; FRL 5780-1] 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 Department of Agriculture (hereafter referred to as the ``Applicant'') to use the pesticide bifenthrin (CAS 8657-04-3 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 sixth year this use has been requested, and it has been allowed under section 18 for the past 5 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 April 9, 1998. ADDRESSES: Three copies of written comments, bearing the identification notation ``OPP-181057,'' 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. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Comments and data may also be submitted electronically to: opp- [email protected]. Follow the instruction under ``SUPPLEMENTARY INFORMATION.'' No Confidential Business Information (CBI) should be submitted through e-mail. 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 submitted for inclusion in the public record. Information not marked confidential may be included in the public record by EPA without prior notice. The public docket is available for public inspection in Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, 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: Rm. 267, Crystal Mall #2, 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 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 [[Page 14459]] 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 5 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. active ingredient (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. The official record for this notice, as well as the public version, has been established for this notice under docket number [OPP-181057] (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 record is the paper record maintained at the address in ``ADDRESSES'' at the beginning of this document. 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. Comments and data will also be accepted on disks in WordPerfect in 5.1/6.1 or ASCII file format. All comments and data in electronic form must be identified by the docket number [OPP-181057]. 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 Washington Department of Agriculture. List of Subjects Environmental protection, Pesticides and pests, Emergency exemptions. Dated: March 13, 1998 Peter Caulkins, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 98-7301 Filed 3-24-98; 8:45 am] BILLING CODE 6560-50-F