[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Notices]
[Pages 15468-15470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6730]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181080; FRL-6772-3]


Bifenazate; 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 Texas 
Department of Agriculture to use the pesticide bifenazate (CAS No. 
149877-41-8) to treat up to 200 acres of greenhouse tomatoes to control 
spider mites. The Applicant proposes a first food use of this 
pesticide. EPA is soliciting public comment before making the decision 
whether or not to grant the exemption.

DATES: Comments, identified by docket control number OPP-181080, must 
be received on or before April 3, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-181080 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT:  Stephen Schaible, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 703 308-9362; fax number: 703 308-5433; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you petition EPA 
for emergency exemption under section 18 of FIFRA. Potentially affected 
categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS Codes         potentially
                                                      affected  entities
------------------------------------------------------------------------
State government                  9241                State agencies
                                                       that petition EPA
                                                       for section 18
                                                       pesticide
                                                       exemption
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be

[[Page 15469]]

regulated by this action. Other types of entities not listed in the 
table in this unit could also be regulated. The North American 
Industrial Classification System (NAICS) codes have been provided to 
assist you and others in determining whether or not this action applies 
to certain entities. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-181080. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-181080 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-181080. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. The Texas Department of 
Agriculture has requested the Administrator to issue a specific 
exemption for the use of bifenazate on greenhouse tomatoes to control 
spider mites. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    As part of this request, the Applicant asserts that currently 
registered alternatives do not provide adequate control of spider 
mites. Texas greenhouse production of tomatoes utilizes an intensive 
integrated pest managment (IPM) program with dependence on beneficial 
insects for control of primary insects and mites. In addition, 
greenhouse tomato production uses an indeterminate variety of tomatoes 
that are harvested year round. For these reasons, pesticide products 
are needed which have a short preharvest interval (PHI = 3 days), are 
efficacious against two-spotted spider mites while being safe to 
beneficial insects and bees, and are labeled for use on greenhouse 
tomatoes. The Applicant claims that the three chemicals currently 
registered for

[[Page 15470]]

use in greenhouses: Dicofol, Abamectin, and Cinnamaldehyde do not meet 
all of the above qualifications. It is further claimed that the 
predator normally used to control two-spotted spider mites does not 
perform well on tomato plants.
    The Applicant feels that for those greenhouse growers using 
biological agents, bifenazate will provide a much needed alternative 
because of its specificity to spider mites and its relative safety to 
beneficial insects. It is felt that the effectiveness of the product 
against multiple tetranychid species makes it useful for single-species 
and concurrent, multi-species infestations as well as for sequential 
infestations with two or more species. The Applicant estimates that for 
the major greenhouse producer, 25% of the 2,000 crop was affected by 
spider mites. Plants affected with spider mites lose 60% of their value 
when the secondary effect on quality is included. The difference in 
gross revenue for the requested use acreage is predicted to be 
$12,228,000 when using the requested pesticide over the next best 
alternative.
    The Applicant proposes to make no more than two applications of 
Floramite miticide (EPA Reg. No. 400-481), containing 50% bifenazate, 
to 200 acres of greenhouse tomatoes in Texas. The product may be 
applied at a rate of 8 to 16 oz. of product (4-8 oz. of active 
ingredient (a.i.)) per acre; no more than 16 oz. of product may be 
applied per acre per year. Application will occur year round throughout 
the state. Under this exemption, a maximum of 200 lbs. of product (100 
lbs. a.i.) may be applied over the course of the year.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 of FIFRA 
require publication of a notice of receipt of an application for a 
specific exemption proposing a first food use of a chemical. The notice 
provides an opportunity for public comment on the application.
    The Agency, will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemption requested by the Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: February 20, 2001.

  Peter Caulkins,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 01-6730 Filed 3-16-01; 8:45 am]
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