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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180938; FRL 4867-4]

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 Texas

Department of Agriculture (hereafter referred to as the ``Applicant'')

to use the pesticide imidacloprid (CAS 105827-78-9) to treat up to

11,000 acres of broccoli, cabbage, and cauliflower to control the 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 June 23, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180938,'' 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, 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 broccoli, cabbage, and cauliflower to control the

sweet potato whitefly (SPWF). Information in accordance with 40 CFR

part 166 was submitted as part of this request.

The SPWF is common on many wild and cultivated crops such as

tomatoes, cotton, cucurbits and solanaceae. The SPWF was first

confirmed in Texas in 1987. The Applicant states that in 1990, cotton

growers in the Lower Rio Grande Valley began to experience significant

crop losses due to infestation by the SPWF. The sweet potato whitefly

(SPWF) is a relatively new pest on broccoli, cauliflower, and cabbage.

The SPWF has caused severe economic damage to several other commodities

nationwide including cotton, lettuce, squash, beans, peanuts, and

ornamentals. The Applicant states that in 1991, SPWF severely infested

many more fields of cotton and caused severe devastation to fall

vegetable crops upon harvesting of the cotton. According to the

Applicant, SPWF populations for this season are expected to be

widespread, and heavy enough to cause serious economic loss to the

broccoli, cabbage, and cauliflower crops. SPWF causes damage through

feeding activities, and also indirectly through the production of a

honeydew, which encourages growth of sooty mold and other fungi. The

Applicant claims that adequate control of the SPWF is not being

achieved with the currently registered materials. The Applicant

indicates that without adequate control of the SPWF in broccoli,

cabbage, and cauliflower, significant economic losses could be

suffered.

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 per crop season on a total of 11,000 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 5,500 lbs. of active

ingredient, or 2,750 gal. of product. This is the first time that the

Applicant has applied for the use of imidacloprid on the named crops.

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 Texas Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: May 20, 1994.

Stephanie R. Irene,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-13671 Filed 6-7-94; 8:45 am]

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