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- Federal Register
- Vol. 59, No. 143
- Wednesday, July 27, 1994
-
- [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.
-
- 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
-
-
-