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Bifenthrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 10, 1999 (Volume 64, Number 46)]
[Notices]
[Page 11879-11880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr99-81]
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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: opp-docket@epamail.epa.gov. 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: 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 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-
docket@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 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