Receipt of Application for Emergency Exemption to use Imidacloprid; Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180917; FRL 4754-1]

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

Michigan Department of Agriculture (hereafter referred to as the

``Applicant'') for use of the insecticide imidacloprid (trade name

Admire 2 Flowable) (CAS No. 105827-78-9) to manage insecticide

resistance in Colorado potato beetle on up to 30,000 acres of potatoes

in Michigan. 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 February 3, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180917,'' should be submitted by mail to: Public

Response and Program Resources 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 #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: Libby Pemberton, Registration

Division (7505W), Office of Pesticide Programs, Environmental

Protection Agency, 401 M St., SW., Washington, D.C. 20460. Office

location and telephone number: CS#1, Room 52, 6th Floor, 2800 Jefferson

Davis Highway, Arlington, VA (703-308-8326).

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 the insecticide, imidacloprid, available as Admire 2 Flowable, from

Miles Inc., to control pesticide resistant Colorado potato beetle (CPB)

on up to 30,000 acres of potatoes in Michigan. Information in

accordance with 40 CFR part 166 was submitted as part of this request.

According to the Applicant, this emergency is the direct result of

severe insecticide resistance problems and the extreme population

levels built up because of the growers' inability to control CPB.

The Applicant states that year-to-year changes in weather and

varieties make it difficult to track long term trends in potato beetle

injury. However, there is no visible increase in yields during this

period in spite of major improvements in average yield of new varieties

and widespread increases in use of irrigation. Under current severe

insecticide resistance and defoliation by Colorado potato beetles,

average production of potatoes per acre in Michigan has not increased

significantly in the past eight years. Losses plus control costs in

1993 were $10.53 million - more than 13 percent of the entire

industry's expected gross profits. Under the proposed exemption, one

application of Admire 2 Flowable would be made at the rate of 0.9 to

1.3 fl. oz. per 1,000 feet of row. This is equivalent to 13.8 to 20 fl.

oz. of formulated product per acre with 34 inches between the rows.

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 use

of a new chemical (i.e., an active ingredient not contained in any

currently registered pesticide) [40 CFR 166.34 (a)(1)]. Imidacloprid is

a new chemical. Accordingly, interested persons may submit written

views on this subject to the Field Operations Division at the address

above. The Agency will review and consider all comments received during

the comment period in determining whether to issue the emergency

exemption requested by the Michigan Department of Agriculture.

List of Subjects

Environmental protection, Pesticide and pests, Crisis exemptions.

Dated: January 6, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-1239 Filed 1-18-94; 8:45 am]

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