[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17915]


[[Page Unknown]]

[Federal Register: July 27, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180946; FRL 4901-8]

 

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 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 
55,000 acres of head and leaf lettuce, 8,500 acres of broccoli, 6,100 
acres of cauliflower, and 3,500 acres of cabbage to control the sweet 
potato, or silverleaf whitefly (Bemesia tabaci = argentifolii). 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 August 11, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180946,'' 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, D.C. 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 head and leaf lettuce, broccoli, cabbage, and 
cauliflower to control the sweet potato, or silverleaf whitefly (SLW). 
Information in accordance with 40 CFR part 166 was submitted as part of 
this request.
    The Applicant states that a new strain, or possibly a new species, 
of whitefly, often referred to as the strain B of sweet potato 
whitefly, or silverleaf whitefly (SLW), was initially found in Arizona 
in 1988. Since that time, it has steadily spread to new host plants and 
grown in population size each summer and fall. The SLW causes damage by 
feeding, and also through the production of honeydew, which encourages 
growth of sooty mold and other fungi. When SLWs become numerous as they 
did in many areas of the state in the past several years, their direct 
feeding lowers the yield. The SLW has also been implicated as a vector 
of virus. The Applicant claims that adequate control of the SLW is not 
being achieved with currently registered products and alternative 
cultural practices. Along with this request, the Applicant has also 
requested a specific exemption for use of a different chemical, 
bifenthrin, on the named crops, for control of the same pest. The 
Applicant justifies requests for two chemicals, by stating that the 
imidacloprid would be applied once at planting, as a soil treatment; 
since imidacloprid is a systemic, it would be taken up by the seedling 
as it germinates, and protect the emerging seedling. The Applicant 
states that bifenthrin can only be applied as a foliar spray, which is 
of little value during the early establishment phase of seedling 
development, as there is limited leaf area at that time. Thus the 
Applicant proposed that use of bifenthrin be allowed later in the crop 
season, as a foliar treatment. 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 indicates that without adequate control of the SLW in the 
named crops, significant economic losses will be suffered.
    The Applicant proposes to apply imidacloprid at a maximum rate of 5 
oz. (dry) active ingredient (20 fluid oz. of product) per acre with a 
maximum of one application per crop season on a total of 73,100 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 proposes 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 36,550 lbs. of active 
ingredient, or 18,275 gal. of product. This is the second time that the 
Applicant has applied for the use of imidacloprid on the named crops. 
The Applicant received specific exemptions last year (1993) for 
imidacloprid on broccoli, cauliflower, cabbage, and head and leaf 
lettuce, and for bifenthrin on broccoli, cauliflower, and head lettuce. 
In 1992, the Applicant was granted specific exemptions for the use of 
bifenthrin for SLW control in broccoli, cauliflower, and head lettuce.
    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 exemptions requested by the Arizona Department of 
Agriculture.


List of Subjects

    Environmental protection, Pesticide and pests, Crisis exemptions.

1Dated: July 11, 1994.

Lois A. Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-17915 Filed 7-26-94; 8:45 am]
BILLING CODE 6560-50-F