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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180918; FRL 4754-2]

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 20,000 acres of peppers to control melon thrips

Thrips palmi. The Applicant proposes the use of a new chemical;

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 February 3, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180918,'' 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: 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 peppers to control melon thrips. Information in

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

The Applicant states that the melon thrip has developed into a

devastating pest in peppers since its discovery in Florida in December

1990. The Applicant states that this pest has spread throughout

Florida's lower east coast in less than two years, and is expected to

spread throughout the entire state within a few years. The feeding

activities of melon thrips cause damage to peppers by stunting growth,

crinkling and deformation of leaves, shortening of internodes, and

deformation and scarring of fruit. The health of the foliage affects

the plant's photosynthetic ability, ultimately affecting yield.

Deformation and scarring of the fruit can render the fruit

unmarketable. The Applicant states that melon thrips populations must

be kept at manageable levels throughout the entire pepper season, and

claims that registered alternatives are not providing adequate control.

The Applicant states that, if not adequately controlled, this pest

could cause yield losses of up to 100 percent, depending upon level of

infestation. In a survey of pepper growers in Palm Beach County, yield

losses from this pest for the 1992-93 season were 40 to 100 percent,

and translated to a dollar value of over $5 million. The Applicant

states that if comparable losses were to occur over the entire pepper-

growing range, losses could reach over $18 million state-wide.

The Applicant proposes to apply imidacloprid at a maximum rate of

0.5 lb. active ingredient (a.i.), or 32 fluid oz. of product, per acre

with one application allowed, on up to 20,000 acres of peppers. This

amounts to a possible total of 10,000 lbs. of a.i., or 5,000 gal. of

product. This is the first time that the Applicant has applied for the

use of imidacloprid on peppers. 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 of an application

for a specific exemption proposing use of a new chemical (i.e., an

active ingredient not contained in any currently registered pesticide).

Such notice provides for opportunity for public comment on the

application. 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: January 6, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-1241 Filed 1-18-94; 8:45 am]

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