[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13671]


[[Page Unknown]]

[Federal Register: June 8, 1994]


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

ENVIRONMENTAL PROTECTION AGENCY
[OPP-180938; FRL 4867-4]

 

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 Texas 
Department of Agriculture (hereafter referred to as the ``Applicant'') 
to use the pesticide imidacloprid (CAS 105827-78-9) to treat up to 
11,000 acres of broccoli, cabbage, and cauliflower to control the sweet 
potato whitefly (Bemesia tabaci). 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 June 23, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180938,'' 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 broccoli, cabbage, and cauliflower 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 broccoli, cauliflower, and cabbage. 
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 
broccoli, cabbage, and cauliflower crops. 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 materials. The Applicant 
indicates that without adequate control of the SPWF in broccoli, 
cabbage, and cauliflower, significant economic losses could be 
suffered.
    The Applicant proposes to apply imidacloprid at a maximum rate of 
0.3016 lb. active ingredient (20 fluid oz. of product) per acre with a 
maximum of one application per crop season on a total of 11,000 acres 
of the above-listed crops. For each of the crops named, it is possible 
to produce two 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 proposed to limit the maximum 
amount which could be applied per calendar year to 0.5 lb. a.i. (32 fl. 
oz. product) per acre. Therefore, use under this exemption could 
potentially amount to a maximum total of 5,500 lbs. of active 
ingredient, or 2,750 gal. of product. This is the first time that the 
Applicant has applied for the use of imidacloprid on the named crops.
    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 Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: May 20, 1994.

Stephanie R. Irene,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-13671 Filed 6-7-94; 8:45 am]
BILLING CODE 6560-50-F