Receipt of Application for Emergency Exemption to use Bifenthrin; Solicitation of Public Comment

ENVIRONMENTLAL PROTECTION AGENCY

[OPP-180921; FRL 4761-6]

Receipt of Application for Emergency Exemption to use Bifenthrin;

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

California Environmental Protection Agency (hereafter referred to as

the ``Applicant'') to use the pesticide bifenthrin [CAS 82657-04-3 cis

isomer and CAS 83322-02-5 trans isomer] to treat up to 200,000 acres of

cucurbits (cucumbers, melons, pumpkins, and squash) to control the

sweet potato whitefly. 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 March 17, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180921,'' should be submitted by mail to: Public

Response and Program Resources Branch, Field Operations Division

(7506C), Office of Pesticide Programs, Environmental Protection Agency,

401 M St., SW., Washington, D.C. 20460. In person, bring comments to:

Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.

Information submitted in any comment concerning this notice may be

claimed confidential by marking any part or all of that information as

``Confidential Business Information.'' 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 Confidential

Business Information 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 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, D.C. 20460. Office

location and telephone number: Floor 6, Crystal Station #1, 2800

Jefferson Davis Highway, Arlington, VA, (703) 308-8791.

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 cucurbits to control the sweet potato whitefly.

Information in accordance with 40 CFR part 166 was submitted as part of

this request.

The sweet potato whitefly (SPWF) is a relatively new pest on

cucurbits. The SPWF has caused severe economic damage to several other

commodities nationwide including cotton, lettuce, squash, beans,

peanuts, and ornamentals. SPWF causes damage through feeding

activities, and also indirectly through the production of a honeydew,

which encourages growth of sooty mold and other fungi. The Applicant

claims that adequate control of the SPWF is not being achieved with the

currently registered compounds. The Applicant claims that significant

economic losses are expected in California cucurbit production if the

SPWF is not adequately controlled, and is therefore requesting this use

of bifenthrin.

The Applicant proposes to apply bifenthrin at a maximum rate of 0.1

lb. active ingredient (a.i.) (6.4 oz. of product) per acre with up to

three applications allowed, and a maximum of 0.3 lb. a.i. per acre per

season, on a total of 200,000 acres of cucurbits. It is possible to

produce two cucurbit crops per calendar year on a given acre, and

therefore, the acreage could potentially receive 6 applications,

(maximum of 0.6 lb. a.i. per acre) per calendar year. Therefore, use

under this exemption could potentially amount to a maximum total of

120,000 lbs. of active ingredient. This notice does not constitute a

decision by EPA on the application itself. This is the third time that

the Applicant has applied for the use of bifenthrin on cucurbits, and

the fourth year that this use has been requested under section 18. The

regulations governing section 18 require that the Agency publish notice

of receipt in the Federal Register and solicit public comment on an

application for a specific exemption proposing use of a pesticide if an

emergency exemption has been requested or granted for that use in any 3

previous years, and a complete application for registration of that use

and/or a petition for tolerance for residues in or on the commodity has

not been submitted to the Agency [40 CFR 166.24(a)(6)].

Accordingly, interested persons may submit written views on this

subject to the Field Operations Division at the address above. The

Agency will review and consider all comments received during the

comment period in determining whether to issue the emergency exemption

requested by the California Environmental Protection Agency.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: February 17, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-4537 Filed 3-1-94; 8:45 am]

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