[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1018-1019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-379]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180913; FRL 4750-7]

 

Receipt of Application for Emergency Exemption to Use 
Imidacloprid 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 (hereafter referred to as the ``Applicant'') 
to use the pesticide imidacloprid (CAS 105827-78-9) to treat up to 
38,000 acres of cucurbits (cucumbers, melons, and squash) to control 
the sweet potato whitefly Bemesia tabaci. The Applicant proposes the 
use of a new chemical; therefore, 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 January 24, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180913,'' should be submitted by mail to: Public Docket 
and Freedom of Information Section, 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.
    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, DC 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 imidacloprid on cucurbits to control the sweet potato whitefly 
(SPWF). Information in accordance with 40 CFR part 166 was submitted as 
part of this request.
    The SPWF is common on many wild and cultivated crops such as 
tomatoes, cotton, cucurbits and solanaceae. The SPWF was first 
confirmed in Texas in 1987. The Applicant states that in 1990, cotton 
growers in the Lower Rio Grande Valley began to experience significant 
crop losses due to infestation by the SPWF. 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. The 
Applicant states that in 1991, SPWF severely infested many more fields 
of cotton and caused severe devastation to fall vegetable crops upon 
harvesting of the cotton. According to the Applicant, SPWF populations 
for this season are expected to be widespread, and heavy enough to 
cause serious economic loss to the cucurbit crop. 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 
estimates that losses in Texas cucurbit production could reach $18.6 
million in net revenue if the SPWF is not adequately controlled, and is 
requesting the use of imidacloprid to control the SPWF.
    Along with this request, the Applicant has also requested a 
specific exemption for use of a different chemical (bifenthrin) on 
cucurbits, also for control of the SPWF. The Applicant justifies 
requests for two chemicals, by stating that the imidacloprid would be 
applied at or near planting/transplanting, as a soil-incorporated 
treatment; since imidacloprid is a systemic, it would be taken up by 
the small seedlings, and protect them from SPWF feeding during this 
early stage of development. The Applicant states that bifenthrin, being 
nonsystemic, is only of use as a foliar spray, which is of little value 
during the early phase of development, when there is limited leaf area. 
Thus the Applicant proposes that use of bifenthrin be allowed later in 
the crop season, as a foliar treatment, to maintain season-long 
control. The Applicant indicates that imidacloprid would not be of use 
as both a soil treatment and a foliar spray, because its mode of action 
is such that resistance development is a concern. The Registrant of 
imidacloprid will not support the use of this chemical further into the 
growing season for this reason.
    The Applicant proposes to apply imidacloprid at a maximum rate of 
0.25 lb. (dry) active ingredient (16 fluid oz. of product) per acre 
with a maximum of one application per crop season on a total of 38,000 
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 two applications of imidacloprid per calendar year. 
Therefore, use under this exemption could potentially amount to a 
maximum total of 19,000 lbs. of active ingredient, or 9,500 gal. of 
product. This is the first time that the Applicant has applied for the 
use of imidacloprid on cucurbits. However, the Applicant requested, and 
was granted, specific exemptions for the use of bifenthrin for SPWF 
control in cucurbits for the past two years (this is the third 
consecutive year for the request for bifenthrin).
    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 use of a new chemical (i.e., an active ingredient 
not contained in any currently registered pesticide). Such notice 
provides for opportunity for public comment on the application. 
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 Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticide and pests, Crisis exemptions.

    Dated: December 20, 1993.

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

[FR Doc. 94-379 Filed 1-6-94; 8:45 am]
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