[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28297]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180952; FRL 4919-2]

 

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 Florida 
Department of Agriculture and Consumer Services (hereafter referred to 
as the ``Applicant'') to use the pesticide imidacloprid (CAS 105827-78-
9) to treat up to 50,000 acres of tomatoes to control the sweet potato 
whitefly (also referred to as the silverleaf whitefly.) 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 December 1, 1994.

ADDRESSES: Three copies of written comments, bearing the identification 
notation ``OPP-180952,'' should be submitted by mail to: Public 
Response and Program Resource Section, 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, or silverleaf 
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 the late 1980s, 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 pest first 
caused economic impacts in Florida in 1987, and since then, its impacts 
have rapidly expanded over the total production area. This whitefly 
causes direct damage to the tomato plant through its feeding activity 
and the production of honeydew which enhances sooty mold development. 
This pest also causes a physiological disorder resulting in irregular 
ripening of fruit, believed to be caused by transmission of a 
geminivirus. The Applicant claims that significant economic losses will 
occur without adequate control, which is not being achieved with the 
currently registered compounds.
    Along with this request, the Applicant has also requested a 
specific exemption for use of a different chemical (fenpropathrin) on 
tomatoes, also for control of whiteflies. The Applicant justifies 
requests for two chemicals, by stating that the imidacloprid would be 
applied at or near transplanting, as a soil-incorporated treatment; 
since imidacloprid is a systemic, it would be taken up by the small 
tomato transplants, and protect them from whitefly feeding during this 
early stage of development. The Applicant states that fenpropathrin, 
being nonsystemic, is only of use as a foliar spray, which is of little 
value during the early phase of development, as there is limited leaf 
area at that time. Thus the Applicant proposes that use of 
fenpropathrin 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 claims that without control of this pest, 
individual fields could experience 100 percent yield loss. Irregular 
ripening can reduce yields by 36 to 100 percent; and direct feeding 
losses can be as much as 10 to 15 percent.
    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 up to 50,000 acres 
of tomatoes. Therefore, use under this exemption could potentially 
amount to a maximum total of 12,500 lbs. of active ingredient, or 6,250 
gal. of product. This is the second time that the Applicant has applied 
for the use of imidacloprid on tomatoes, and an exemption was issued 
for this use last year. Additionally, the Applicant requested, and was 
granted, specific exemptions for the use of fenpropathrin for whitefly 
control in tomatoes for the past 4 years (this is the fifth consecutive 
year for this request for fenpropathrin).
    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 Florida Department of Agriculture 
and Consumer Services.

List of Subjects

    Environmental protection, Pesticide and pests, Crisis exemptions.

    Dated: October 31, 1994.

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

[FR Doc. 94-28297 Filed 11-15-94; 8:45 am]
BILLING CODE 6560-50-F