[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Pages 10053-10054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5199]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181034; FRL 5591-2]


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

[[Page 10054]]

Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide bifenthrin (CAS 82657-04-3 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 fifth year this use has 
been requested, and it has been allowed under section 18 for the past 4 
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 20, 1997.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-181034,'' should be submitted by mail to: Public 
Response and Program Resource Branch, Field Operations Division 
(7506C), 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 by sending 
electronic mail (e-mail) to: <a href="/cdn-cgi/l/email-protection#6f001f1f420b000c040a1b2f0a1f0e020e0603410a1f0e41080019"><span class="__cf_email__" data-cfemail="89e6f9f9a4ede6eae2ecfdc9ecf9e8e4e8e0e5a7ecf9e8a7eee6ff">[email protected]</span></a>. 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 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-181034]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic comments on this 
notice may be filed online at many Federal Depository Libraries. 
Additional information on electronic submissions can be found below in 
this document.
    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. All written comments filed 
pursuant to this notice will be available for public inspection in Rm. 
1132, Crystal Mall No. 2, 1921 Jefferson Davis Highway, Arlington, VA, 
from 8:30 a.m. to 4 p.m., Monday through Friday, except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration 
Division (7505W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number and e-mail: Floor 6, Crystal Station #1, 
2800 Jefferson Davis Highway, Arlington, VA, (703) 308-8791; e-mail: 
<a href="/cdn-cgi/l/email-protection#dfbdbabeadbbf1beb1bbadbabe9fbaafbeb2beb6b3f1baafbef1b8b0a9"><span class="__cf_email__" data-cfemail="791b1c180b1d5718171d0b1c18391c091814181015571c0918571e160f">[email protected]</span></a>.

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. 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 four 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. 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.
    A record has been established for this notice under docket number 
[OPP-181034] (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 public 
record is located in Room 1132 of the Public Response and Program 
Resource Branch, Field Operations Division (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    <a href="/cdn-cgi/l/email-protection#c2adb2b2efa6ada1a9a7b682a7b2a3afa3abaeeca7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="29465959044d464a424c5d694c594844484045074c5948074e465f">[email protected]</span></a>
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this notice, as well as the public version, 
as described above will be kept in paper form. Accordingly, EPA will 
transfer all comments received electronically into printed, paper form 
as they are received and will place the paper copies in the official 
record which will also include all comments submitted directly in 
writing. The official record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document. 
Accordingly, interested persons may submit written views on this 
subject to the Field Operations Division at the address above.
    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 19, 1997.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 97-5199 Filed 3-4-97; 8:45 am]
BILLING CODE 6560-50-F


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