[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11879-11880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5819]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181067; FRL 6066-3]


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 
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 8,500 
acres of raspberries to control weevils. This is the seventh year this 
use has been requested, and it has been allowed under section 18 for 
the past 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 March 25, 1999.

ADDRESSES: Three copies of written comments, bearing the identification 
notation (OPP-181067), 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 by sending 
electronic mail (e-mail) to: [email protected]. Follow the 
instructions 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 provided by the submitter for inclusion in 
the public record. Information not marked confidential may be disclosed 
publicly by EPA without prior notice. The docket is available for 
public inspection at the Virginia address given above, 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 address: Rm. 271, 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 due to groundwater 
concerns.

[[Page 11880]]

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 using 
ground equipment only, 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 total rate of 0.2 lb., a.i. per acre. If all 8,500 
acres are treated at this maximum rate, this could potentially result 
in a total use of 1,700 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 under docket number (OPP-181067) (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: 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 number (OPP-181067). 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: February 26, 1999

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

[FR Doc. 99-5819 Filed 3-9-99; 8:45 am]
BILLING CODE 6560-50-F