[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8103]


[[Page Unknown]]

[Federal Register: April 6, 1994]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[OPP-180928; FRL 4771-1]

 

Receipt of Application for Emergency Exemption To Use 
Imidacloprid; Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received a specific exemption request from the Arizona 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide imidacloprid (CAS 105827-78-9) to treat up to 
25,000 acres of melons 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 April 21, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180928,'' 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.
    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 melons 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 sweet potato whitefly 
(SPWF) is a relatively new pest on melons. The SPWF has caused severe 
economic damage to several other commodities nationwide including 
cotton, lettuce, squash, beans, peanuts, and ornamentals. According to 
the Applicant, SPWF populations for this season are expected to be 
widespread, and heavy enough to cause serious economic loss to the 
melon 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 and that without imidacloprid, melon growers will 
incur a significant economic loss.
    Along with this request, the Applicant has also requested a 
specific exemption for use of a different chemical (bifenthrin) on 
melons 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 non-
systemic, 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 25,000 
acres of melons. Use under this exemption could potentially amount to a 
maximum total of 6,250 lbs. of active ingredient, or 3,125 gal. of 
product. This is the first time that the Applicant has applied for the 
use of imidacloprid on melons. However, the Applicant requested, and 
was granted, specific exemptions for the use of bifenthrin for SPWF 
control in melons 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 Arizona Department of Agriculture.

List of Subjects

    Environmental protection, Pesticide and pests, Crisis exemptions.

    Dated: March 25, 1994.

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

[FR Doc. 94-8103 Filed 4-5-94; 8:45 am]
BILLING CODE 6560-50-F