[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9162]


[[Page Unknown]]

[Federal Register: April 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180934; FRL 4774-4]

 

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 
California Environmental Protection Agency (hereafter referred to as 
the ``Applicant'') to use the pesticide imidacloprid (CAS 105827-78-9) 
to treat up to 2,000 acres of tomatoes to control the sweet potato 
whitefly (Bemesia tabaci), and the greenhouse whitefly (Trialeurodes 
vaporariorum). The Applicant proposes the first food use of an active 
ingredient; 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 May 2, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180934,'' 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 tomatoes to control the sweet potato whitefly and 
the greenhouse whitefly. Information in accordance with 40 CFR part 166 
was submitted as part of this request. Whiteflies have been a problem 
in the ``desert-cropping systems'' in California and Arizona for some 
time, but in 1990, a new strain was discovered, which appears to be 
much more prolific than the standard strain, and resistant to many 
insecticides. Whiteflies are common on many wild and cultivated crops 
such as tomatoes, cotton, cucurbits and solanaceae. The Applicant 
states that this new strain caused devastation to many crops in 1991 in 
California's Imperial Valley, with crop losses over $120 million. 
Whiteflies cause direct damage to the tomato plant through feeding 
activities and the production of honeydew which enhances sooty mold 
development.
    Whiteflies are also considered responsible for the introduction and 
distribution of at least one geminivirus (which can lead to extreme 
yield losses), and also cause a physiological disorder resulting in 
irregular ripening of fruit. The Applicant claims that adequate control 
of these pests are not being achieved with the currently registered 
compounds. The Applicant claims that without control of this pest, 
growers could expect up to 30-40 percent yield losses, making it 
economically unfeasible to grow tomatoes. The Applicant estimates that 
losses could average over $1,300 per acre.
    The Applicant proposes to apply imidacloprid at a maximum rate of 
0.375 lb. (dry) active ingredient (24 fluid oz. of product) per acre 
with a maximum of one application per crop season on a maximum of 2,000 
acres of tomatoes. It is possible to produce two tomato crops per 
calendar year on a given acre, and therefore, the acreage could 
potentially receive two applications of imidacloprid per calendar year. 
However, the Applicant proposes that no more than 0.5 lb. a.i. (32 fl. 
oz. product) be applied per acre per calendar year. Therefore, use 
under this exemption could potentially amount to a maximum total of 
1,000 lbs. of active ingredient, or 500 gal. of product. This is the 
first time that the Applicant has applied for the use of imidacloprid 
on tomatoes. However, the Applicant requested, and was granted, 
specific exemptions for the use of fenpropathrin in 1993, and 
bifenthrin in 1992 and 1991, for whitefly control in tomatoes.
    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 in the Federal Register and solicit 
public comment on an application for a specific exemption proposing the 
first food use of an active ingredient. 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 California Environmental 
Protection Agency.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: April 7, 1994.

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

[FR Doc. 94-9162 Filed 4-14-94; 8:45 am]
BILLING CODE 6560-50-F