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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-180936; FRL 4774-6]

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 Idaho

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

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

7,500 acres of apples to control aphids. 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 May 5, 1994.

ADDRESSES: Three copies of written comments, bearing the identification

notation ``OPP-180936,'' 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 apples to control aphids. Information in accordance

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

The Applicant states that aphids have been a chronic pest of apples

in Idaho. Aphids feed on the plant tissues, which can stunt growth and

affect future productivity of young trees, and causes fruit damage on

large, vigorous trees. Aphids excrete large amounts of honeydew which

drips on the fruit, causing russetting or providing a substrate for the

growth of sooty mold, reducing the value of the fruit, which must be

diverted to a processing market. The Applicant states that some of the

once effective registered alternative pesticides have lost much of

their effectiveness due to development of resistant aphid populations;

other alternative pesticides are said to only provide suppression. One

of the registered alternatives (phosphamidon) that was still somewhat

effective was withdrawn from the market in 1991, due to non-support for

re-registration, and existing stocks have been mostly depleted. Another

chemical (mevinphos), although not recommended for this use, was used

in 1993 by some, due to lack of alternatives, and subsequent cases of

occupational poisoning of farm workers using this material led the

manufacturer to remove uses for apples and pears from the product

label, because of human risk concerns. Therefore, the Applicant claims

that Idaho apple growers are left without adequate means to control

aphids. The Applicant states that information collected last year for

one sampling of apples indicated a 33 percent loss in crop value due to

aphid damage.

The Applicant proposes to apply imidacloprid at a maximum rate of

0.1 lb. active ingredient (a.i.), or 6.4 fluid oz. of product, per acre

with a maximum of 5 applications on up to 7,500 acres of apples, with

no more than 0.5 lb. a.i. (32 fluid oz. of product) applied per year.

This amounts to a possible total of 3,750 lbs. of a.i., or 1,875 gal.

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

the use of imidacloprid on apples.

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 Idaho Department of Agriculture.

List of Subjects

Environmental protection, Pesticides and pests, Crisis exemptions.

Dated: April 7, 1994.

Stephen L. Johnson,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-9571 Filed 4-19-94; 8:45 am]

BILLING CODE 6560-50-F

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-64021; FRL 4771-6]

Notice of Receipt of Request to Amend Mevinphos

(Phosdrin) Through Deletion of Certain Sites from Label

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of receipt of request to amend and request for waiver.

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SUMMARY: This notice, issued pursuant to section 6(f)(1) of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.

136d(f)(1), announces EPA's receipt of a request from the sole

registrant Amvac Chemical Corporation of Los Angeles, California, for

the amendment of its mevinphos registration through voluntary deletion

of 26 sites from the label and a request to waive the 90-day comment

period on this notice.

DATES: The deletions shall be effective April 20, 1994.

FOR FURTHER INFORMATION CONTACT: By mail: Joshua First, Special Review

Branch, Special Review and Reregistration Division (7508W), U.S.

Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.

Office location and telephone number: Special Review Branch, 3rd floor,

2800 Crystal Drive, Arlington, VA 22202, (703) 308-8032.

SUPPLEMENTARY INFORMATION:

I. Decision Not to Support in Reregistration of Certain Uses

Amvac Chemical Corp. has requested the deletions because the

company no longer wishes to support the sites through the

reregistration process.

II. Deletions Pursuant to Request for Voluntary Deletion from Label

The following 26 sites are being deleted from the label: alfalfa,

apples, beans, beets, carrots, cherries, clover, corn, cucumbers, dried

peas, eggplant, grapefruit, okra, onions, oranges, peaches, pears,

peppers, plums, potatoes, raspberries, sorghum, summer squash,

tomatoes, turnip (all), and walnuts.

III. Existing Stocks

For the purpose of this order, existing stocks are defined as those

stocks of mevinphos products that were in the United States and were

formulated prior to December 20, 1993. Mevinphos products with labels

predating this date may be sold and distributed until December 20,

1994.

EPA will not permit the continued sale or distribution of mevinphos

products with labels containing the deleted uses after December 20,

1994. Sale or distribution of these products after this date will be a

violation of federal law.

EPA reserves the right to amend this existing stocks provision,

should conditions warrant such amendment.

IV. Registrations Subject to Label Deletions

The EPA registrations subject to this notice are: 5481-411, 5481-

425, 5481-113, 5481-114, 5481-248, and 5481-412.

V. Deletion Request Approval

EPA approves the deletion of the above 26 sites, as well as the

determination that from the date of this notice, all sale,

distribution, and use of the existing stocks of these products shall

cease within 1 year. Accordingly, this deletion order shall become

effective April 20, 1994.

List of Subjects

Environmental protection, Agricultural commodities, Pesticides and

pests.

Dated: April 7, 1994.

Douglas D. Campt,

Director, Office of Pesticide Programs.

[FR Doc. 94-9572 Filed 4-19-94; 8:45 am]

BILLING CODE 6560-50-F