[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15076]


[[Page Unknown]]

[Federal Register: June 22, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180943; FRL 4872-8]

 

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 specific exemption requests from the 
California Environmental Protection Agency, Department of Pesticide 
Regulation (hereafter referred to as the ``Applicant'') to use the 
pesticide imidacloprid (CAS 105827-78-9) to treat up to 22,000 acres of 
broccoli, cabbage, cauliflower, and rapini, and up to 40,000 acres of 
head and leaf lettuce, to control the silverleaf, or 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 July 7, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180943,'' 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, 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, 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 specific exemptions for the use of 
imidacloprid on broccoli, cabbage, cauliflower, and head and leaf 
lettuce to control the silverleaf whitefly (SLW). Information in 
accordance with 40 CFR part 166 was submitted as part of these 
requests.
    Whiteflies have been a problem in the ``desert-cropping systems'' 
in California and Arizona for some time, but in 1990, a new strain 
(possibly a new species) 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 through feeding activities and 
indirectly through the production of honeydew which enhances sooty mold 
development. The Applicant claims that adequate control of this pest is 
not being achieved with the currently registered compounds. The 
Applicant claims that without control of this pest, growers could 
expect up to 50 percent yield losses, causing significant economic 
losses.
    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, at or near planting, per crop season on a 
total of 62,000 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 
31,000 lbs. of active ingredient, or 15,500 gal. of product. This is 
the second time that the Applicant has applied for the use of 
imidacloprid on the named crops, and exemptions were issued for this 
use in California last year.
    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 Department of Pesticide 
Regulation.

List of subjects

    Environmental protection, Crisis exemptions, Pesticides and pests.

    Dated: June 13, 1994.

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

[FR Doc. 94-15076 Filed 6-21-94; 8:45 am]
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