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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180926; FRL 4765-4]

Receipt of Application for Emergency Exemption to use Avermectin;

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 Idaho,

Oregon and Washington Departments of Agriculture (hereafter referred to

as the ``Applicants'') for use of the pesticide Avermectin (EPA Reg.

No. 618-98) to control Tetranychus urticae (Two-spotted spider mite) on

up to 42,000 acres of Hops. 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 March 31, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180926,'' should be submitted by mail to: Public

Response and Human 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.

1128, 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.

1128, 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: Lawrence Fried, Registration

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

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

location and telephone number: 6th Floor, Crystal Station I, 2800

Jefferson Davis Highway, Arlington, VA 22202, (703) 308-8328.

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 Applicants have

requested the Administrator to issue specific exemptions for the use of

the miticide/insecticide, avermectin, available as Agrimek 0.15EC (EPA

Reg. No. 618-98) from Merck and Company, Incorporated, to control the

Two-spotted spider mite (TSSM), in Idaho, Oregon and Washington.

Information in accordance with 40 CFR part 166 was submitted as part of

this request.

According to the Applicants, the TSSM is a serious pest problem in

hop yards. The TSSM's rapid reproduction cycle results in a significant

expansion of their population size. With such a high fecundity rate

stimulated by extended hot, dry weather conditions, it takes only a

short period of time for mites to reach injurious densities resulting

in reduced plant vigor, yields and the discoloration of hop cones which

decreases product quality. This reduction in quality can result in

rejection by brewers, the major buyers of hops, and severely impacts

hop growers economically. The Applicants claim that none of the

registered pesticides are effective against the TSSM and that, without

an effective control, growers will incur significant economic losses

during the 1994 growing season.

Under the proposed exemption a maximum of 10,500 gallons of

formulated product could be used if conditions conducive to mite

propagation occur during the growing season. A 14-day pre-harvest

interval will be observed. In addition, livestock would not be grazed

in treated hop yards. Applications would be made between April 15 and

September 20, 1994.

This notice does not constitute a decision by EPA on the

application itself. The regulations governing section 18 require that

the Agency publish notice of receipt in the Federal Register and

solicit public comment on an application for a specific exemption if an

emergency exemption has been requested or granted for that use in any 3

previous years, and a complete application for registration of that use

has not been submitted to the Agency [40 CFR 166.24 (a)(6)]. Exemptions

for the use of avermectin on hops have been requested and granted for

the past 3 years, and an application for registration of this use has

not been submitted to the Agency.

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 exemptions

requested by the Idaho, Oregon and Washington Departments of

Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: March 4, 1994.

Stephanie R. Irene,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-5998 Filed 3-15-94; 8:45 am]

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