56180 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Notices

A. Residue Chemistry

1. Analytical method. A practical

analytical method for copperethylenediamine complex is not

required for crop use since it is expected

that no residues will occur in RACs.

2. Magnitude of residues. Residues are

not expected in the RAC (potatoes) since

the potato tubers are underground and

only the vines which are above ground

are treated.

B. Toxicological Profile

The Agency does not require

subchronic, chronic, reproductive or

developmental toxicity studies for the

copper salts.

Copper-ethylenediamine(Komeen) is

slightly to moderately toxic upon acute

oral, dermal and inhalation exposure,

slightly irritating to the skin and

moderately irritating to the eye.

Acute toxicity. The acute oral lethal

dose LD50 (95% confidence limits) for

Komeen was 498 milligram(mg)/

kilogram(kg) (349–710 mg/kg).

The acute dermal LD50 for Komeen

was determined to be >2,000 mg/kg.

The acute inhalation lethal

concentration LC50 (95% confidence

limits) for Komeen was 0.81 mg/liter(l)

(0.26-1.37 mg/l).

Komeen was shown to be moderately

irritating to the eye with all signs of

ocular irritation cleared within 10 days

of treatment.

C. Aggregate Exposure

1. Dietary (food) exposure. Based on

the proposed used pattern of potato vine

desiccation, no copper residues are

expected to occur on potatoes and the

dietary exposure would be negligible by

comparison to the normal daily intake

of copper. A single day’s diet may

contain 10 mg or more of copper. The

daily recommended allowance of

copper for adults nutritional needs is 2

mg.

2. Drinking water. Copper is

ubiquitous in the environment and

found in natural water. In 1991, the

USEPA established a maximum

contamination level (MCL) for copper in

drinking water of 1.3 mg/l. No impact

on copper levels found naturally in

water would occur as a result of potato

vine desiccant use for this product.

3. Non-dietary exposure. Copper is

registered for use as an aquatic

herbicide for outdoor residential sites.

Any contributions to aggregate exposure

from this use would not be expected to

be significant.

4. Potential for endocrine effects.

Since copper is required for

homeostasis, low copper dietary

exposures would not be expected result

in any adverse endocrine effects.

D. Cumulative Effects

Griffin believes that no cumulative

adverse effects are expected from longterm exposure to copper salts. No other

elements are expected to produce

cumulative toxicity with copper.

E. Safety Determination

Copper compounds such as copper

sulfate pentahydrate are considered as

Generally Recognized as Safe (GRAS) by

the Food and Drug Administration and

as such are exempt from the

requirement of a tolerance when used as

aquatic herbicides (40 CFR 180.1021).

Copper compounds are also exempt

from the requirement of a tolerance

when applied to growing crops when

used as a plant fungicide in accordance

with good agricultural practices (40 CFR

180.1001(b)(1). Copper-ethylenediamine

complex is registered as an aquatic

herbicide under the trade name,

Komeen.

1. U.S. population. Copper is a

component of the human diet and an

essential element. Use of copperethylenediamine complex is not

expected to increase the amount of

copper in the diet as a result of potato

vine desiccation.

2. Infants and children. Infants and

children also require copper in their

diets and Griffin believes that no special

sensitivity for this population subgroup

would be expected as a result of the

proposed use.

F. International Tolerances

No international tolerances have been

established for copper-ethylenediamine

complex.

[FR Doc. 97–28640 Filed 10–28–97; 8:45 am]

BILLING CODE 6560–50–F

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.

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: oppdocket@epamail.epa.gov. 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:

beard.andrea@epamail.epa.gov.

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
Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Notices 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: oppdocket@epamail.epa.gov

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]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–181050; FRL 5752–5]

Emamectin Benzoate; 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 Florida

Department of Agriculture (hereafter

referred to as the ‘‘Applicant’’) to use

the pesticide emamectin benzoate (CAS

137512–74–4) (formulated as ‘‘Proclaim

5SG’’) to control the diamondback moth

on up to 13,400 acres of the Brassica

(cole) leafy vegetable group in Florida.

The Applicant proposes the use of a

‘‘new’’ chemical (an active ingredient

not currently found in any registered

product). In accordance with 40 CFR

166.24, EPA is soliciting public

comment before making the decision

whether or not to grant the exemption.

DATES: Comments must be received on

or before November 13, 1997.

ADDRESSES: Three copies of written

comments, bearing the identification

notation ‘‘OPP–181050,’’ should be

submitted by mail to: Public

Information and Records Integrity

Branch, Information Resources 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: oppdocket@epamail.epa.gov. 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: Olga Odiott, 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. 268, CM #2, 1921 Jefferson

Davis Highway, Arlington, VA, (703)

308–9363; e-mail:

odiott.olga@epamail.epa.gov.

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 emamectin

benzoate on the Brassica (cole) leafy

vegetable group to control the

diamondback moth. Information in