Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Notices 17357

List of Subjects

Environmental protection, Pesticides

and pests, Product registration.

Dated: March 22, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 95–7959 Filed 4–4–95; 8:45 am]

BILLING CODE 6560–50–F

[PF–624; FRL–4948–2]

Rohm & Haas Co.; Notice of Filing of

Pesticide Petitions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received from the

Rohm & Haas Co. petitions to establish

pesticide tolerances for benzoic acid,

3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4-

ethylbenzoyl) hydrazide, in or on apples

and walnuts.

ADDRESSES: By mail, submit written

comments to: Public Response and

Program Resources 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, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

Information submitted and any

comment(s) concerning this notice may

be claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment(s) that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice to the submitter.

Information on the proposed test and

any written comments will be available

for public inspection in Rm. 1132 at the

Virginia address given above, from 8

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Rick Keigwin, Product Manager

(PM-10), Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 713, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA, (703)-305-7618; email: keigwin.rick@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: This

notice announces that EPA has received

from the Rohm & Haas Co.,

Independence Mall West, Philadelphia,

PA 19105, notices of filing under

section 408 of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 346a) for

pesticide petitions (PP) 4E4375 and

4F4280 to amend 40 CFR part 180 to

establish tolerances for benzoic acid,

3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4-

ethylbenzoyl) hydrazide, in or on the

raw agricultural commodities apples at

1.0 part per million (ppm) (PP 4E4375)

and walnuts at 0.1 ppm (PP 4F4280).

The proposed analytical method for

determining residues is HPLC

separation with UV detection.

List of Subjects

Environmental protection,

Agricultural commodities, Pesticides

and pests.

Authority: 21 U.S.C. 346a and 348.

Dated: March 30, 1995.

Susan Lewis,

Acting Director, Registration Division, Office

of Pesticide Programs.

[FR Doc. 95–8345 Filed 3–31–95; 1:06 pm]

BILLING CODE 6560–50–F

[OPP–66209; FRL–4943–4]

Mevinphos; Amendment to

Cancellation Order and FIFRA Section

6(g) Notification

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of issuance of amended

cancellation order.

SUMMARY: On June 30, 1994, Amvac

Chemical Corporation (Amvac) of Los

Angeles, California, requested voluntary

cancellation of all registrations

containing mevinphos (2-carbomethoxy1-methylvinyl dimethyl phosphate,

alpha and beta isomers, trade name

Phosdrin). Pursuant to section 6(f)(1) of

the Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), EPA canceled

all mevinphos registrations on July 1,

1994. The Cancellation Order contained

certain limitations upon the

distribution, sale, and use of existing

stocks of canceled pesticide products

containing mevinphos. EPA has

modified the existing stocks provision

of the Cancellation Order to extend the

period for sale, distribution, and use of

existing stocks of certain canceled

products containing mevinphos through

November 30, 1995. At the end of this

period, all product in the channels-oftrade, including product in the hands of

growers, will be subject to a recall

which has some provisions for

reimbursement. Product sold after

February 27, 1995, will be labelled with

additional protective requirements. This

notice also amends the timeframe for

reporting the possession of canceled

mevinphos products as required under

section 6(g) of FIFRA.

DATES: The amended cancellation order

became effective January 13, 1995.

FOR FURTHER INFORMATION CONTACT: By

mail: Richard Dumas, Special Review

Branch, Special Review and

Reregistration Division (7508W),

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, (703) 308–

8015.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Background

On June 30, 1994, Amvac requested

voluntary cancellation of all pesticide

product registrations containing

mevinphos as an active ingredient. On

July 1, 1994, EPA issued a Cancellation

Order for all mevinphos registrations

pursuant to FIFRA section 6(f)(1). In the

Federal Register of August 1, 1994 (59

FR 38973), EPA issued a Notice

announcing receipt of the request for

cancellation, the Cancellation Order,

and the FIFRA section 6(g) notification

requirements. The Cancellation Order

prohibited the distribution and sale of

existing stocks of canceled pesticide

products containing mevinphos after

December 31, 1994, and prohibited the

use of existing stocks after February 28,

1995. Existing stocks refer to those

stocks of previously-registered

mevinphos products which were in the

United States and were packaged,

labeled, and released for shipment prior

to the cancellation on July 1, 1994. Also,

the Order required Amvac to develop

and implement an acceptable Recall

Plan for the recall of mevinphos

products that were in the hands of

dealers and distributors after December

31, 1994.

On December 28, 1994, EPA amended

the Cancellation Order by extending

distribution and sale of existing stocks

of canceled mevinphos products

through January 14, 1995, to facilitate

work on a pending agreement between

EPA and Amvac. On January 13, 1995,

EPA entered into an agreement with

Amvac and issued a new amendment to

the Cancellation Order which changed

the existing stocks provisions in the

amended Cancellation Order by

extending the period for distribution,

sale, and use of mevinphos, established

new use restrictions, and ordered the

recall of mevinphos products.
17358 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Notices

The EPA registration numbers

canceled by the Cancellation Order are:

5481–113, 5481–114, 5481–161, 5481–

248, 5481–411, 5481–412, 5481–425,

CA80001800, CA81000300,

CA86006300, CA86007300 and any

supplemental registrations of the

registrations listed above.

B. Restrictions on Distribution, Sale,

and Use

The Cancellation Order, as amended

on December 28, 1994, provided that no

person may distribute or sell mevinphos

products after January 14, 1995, and that

no person may use mevinphos products

after February 28, 1995. The Amended

Cancellation Order and Recall Order,

issued January 13, 1995, prohibits all

distribution, sale, and use of mevinphos

products after November 30, 1995. The

extension of the date for use, sale, and

distribution does not affect the

registration of mevinphos products in

any way. All mevinphos registrations

remain canceled, and will not be

considered for registration. Moreover,

all production of mevinphos products

for use in the United States ceased July

1, 1994.

C. Relabeling Requirements and

Additional Restrictions on Use of

Mevinphos Products

Because of the risks that mevinphos

poses to workers, the Cancellation Order

as amended requires Amvac to relabel

mevinphos products in the hands of

dealers and distributors to reflect

additional use restrictions. The

additional required use restrictions are

as follows: (1) Use of hand-held

application equipment and air blast

sprayers is prohibited; (2) applicators

and other handlers must wear a

respirator with either an organic vapor

removing (O/V) cartridge with a prefilter

approved for pesticides (MSHA/NIOSH)

approval number prefix (TC-230), or a

canister with a prefilter approved for

pesticides (MSHA/NIOSH) approval

number prefix (TC-14G); (3) applicators

and other handlers must use protective

eyewear; (4) applicators and other

handlers must wear: coverall over long

shirt and long pants; chemical-resistant

apron (for mixing/loading and cleaning

equipment); chemical-resistant gloves,

such as Barrier Laminate, Butyl Rubber,

Nitrile, Neoprene Rubber, Polyvinyl

Chloride, or Viton; chemical-resistant

footwear plus socks; and chemicalresistant headgear for overhead

exposure; (5) use of protective measures

described in 2, 3, and 4 apply even

when a closed loading system is used;

and (6) all applications in greenhouses

and on grapes are prohibited.

New labelling also must contain

information on the recall and last legal

date for distribution, sale, and use. The

specific language required on new

labelling is as follows:

This product may not be sold, distributed,

or used after November 30, l995. Any

product remaining after that date may be

returned to Amvac Chemical Corporation

which will arrange for storage and

transportation. You may obtain

reimbursement for the purchase price of any

unopened containers in accordance with the

terms of the Recall Plan. To obtain

information on storage, return, and the

reimbursement process, call 1–800–205–

5330. If you dispose of this product, you

must comply with applicable requirements

for hazardous waste under federal and state

law.

The additional use restrictions, recall

information, and the November 30, 1995

deadline for legal distribution, sale, and

use are contained in a Notice that will

become a part of labelling for all

mevinphos product sold or distributed

after February 27, 1995. All mevinphos

products sold and distributed after

February 27, 1995, must have a oneinch-by-two-inch sticker affixed to each

container directing users to read the

Notice containing new labelling

requirements. The Notice must

accompany each container sold after

February 27, 1995. Amvac is relabeling

at its own cost. Amvac reports that it

initiated the restickering program

immediately after reaching agreement

with the Agency and that the program

is now completed.

D. Recall

When the Agency reached its

agreement with Amvac on June 30,

1994, Amvac agreed to develop and

implement an acceptable recall plan

covering existing stocks of mevinphos

in the hands of dealers and distributors.

As part of the agreement between

Amvac and EPA reached on January 13,

1995, Amvac submitted to EPA a

proposed recall plan for the recall of

existing stocks of mevinphos product.

EPA has accepted Amvac’s proposed

plan and has ordered Amvac to begin

implementing the recall plan on

December 1, 1995. Amvac’s recall plan,

which is exemplary, includes provisions

for recall of all mevinphos products

down through the end-user, including

opened and partially filled containers.

Additionally, holders of unopened

containers of Amvac product or those

products that are supplemental

registrations of Amvac products will be

reimbursed for the purchase price.

Reimbursement will go through the

distribution chain, where dealers

reimburse end-users, distributors

reimburse dealers, and Amvac

reimburses distributors. Reimbursement

to all holders provides a strong

incentive to return mevinphos products.

Finally, Amvac is assuming all costs

associated with transportation,

collection, and storage of mevinphos

products that are being recalled.

The mevinphos registrations subject

to the recall and reimbursement are:

5481–113, 5481–114, 5481–161, 5481–

248, 5481–411, 5481–412, 5481–425,

CA80001800, CA81000300,

CA86006300, CA86007300, and

supplemental registrations 5481–161–

34704, 5481–114–34704, and 5481-412-

34704. Mevinphos products that are not

Amvac products or its supplemental

registrations are subject to this recall,

but they are not eligible for

reimbursement. For example, products

produced by Shell, Dupont, and Helena

may not be eligible for reimbursement,

but are subject to the recall.

E. Modified Reporting Schedule Under

Section 6(g)

In the July 1, 1994 Cancellation Order,

any person holding canceled mevinphos

product was required to report holdings

under section 6(g) of FIFRA. Producers,

exporters, applicants for a registration,

applicants or holders of an experimental

use permit, dealers, distributors, and

retailers were to report by January 31,

1995. Commercial applicators were to

report by March 28, 1995. All persons

must now report by December 31, 1995.

II. Agency Rationale for Amendment

On July 1, 1994, when the Agency

accepted the voluntary cancellation and

allowed the use of existing stocks

through February 28, 1995, there were

many reasons to accept the voluntary

cancellation rather than issuing a notice

of intent to suspend notice as the

Agency was prepared to do to resolve

the risks posed by mevinphos. Had the

Agency issued the suspension and

Amvac contested the suspension and

requested an administrative hearing,

production and distribution could have

continued throughout the legal

proceedings. This outcome could have

resulted in significantly greater use and

almost certainly a larger volume of

potential hazardous waste at all levels of

the channels-of-trade (particularly, at

the grower level) than would have

occurred had the Agency not agreed to

a voluntary cancellation that allowed

existing stocks. Mevinphos would have

become a hazardous waste only when it

was intended for disposal and not when

it would be returned under the recall

program. Moreover, even if the Agency

had prevailed in an administrative

hearing, Amvac could have appealed
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Notices 17359

the decision and further production and

use might have been allowed during the

appeal process. In addition, Amvac had

agreed to conduct a recall of mevinphos

products in the hands of dealers and

distributors. If the Agency had to

mandate a recall rather than utilize a

voluntary recall, it would have had to

do so through a rulemaking process

which can take more time to implement

than the voluntary program agreed to by

Amvac. Finally, the Agency anticipated

that a safer alternative, NTN, would be

registered by end of 1994 that would

have mitigated the economic impact on

growers from the loss of mevinphos.

Weighing the risk and benefit outlined

above, the Agency believed that it was

in the public’s interest to enter into the

agreement with Amvac that is reflected

in the July 1, 1994 Cancellation Order.

On June 29, 1994, California imposed

some additional restrictions on

mevinphos use. The specific restrictions

were not known to the Agency at the

time it came to agreement with Amvac.

It is now the Agency’s understanding

that these restrictions possibly along

with other factors such as low pest

pressure lead to significantly less use of

mevinphos during the rest of 1994.

Consequently, there was significantly

more mevinphos product in the hands

of growers, dealers, and distributors

than originally anticipated by the

Agency on July 1, 1994. Because of the

quantity of existing stocks in the

channels-of-trade, Amvac indicated

there were substantial difficulties and

costs associated with the recall program

and it expressed reluctance to undertake

such an extensive recall. If the product

was not recalled in a timely manner

pursuant to a voluntary recall, then the

potential for illegal use and risk

associated with possession of a potential

hazardous waste would be greater than

expected. In addition, the safer

alternative that the Agency expected to

be available by the end of 1994 has yet

to be registered. Consequently, the

economic impact of enforcing the

existing stocks provisions of the July 1,

1994 Cancellation Order would have

been greater than originally anticipated.

The potential for greater existing stocks

at all levels in the channels-of-trade for

a longer time and greater potential

economic impacts than originally

anticipated were considerations for the

Agency extending the last date for

distribution, sale, and use of existing

stocks on January 13, 1995.

In addition to extending the use of

existing stocks, the Agency also

required that additional protective

measures for the use of mevinphos, a

relabelling program, and an expanded

recall of mevinphos products be carried

out by Amvac. The protective measures

are intended to reduce exposure during

the extended use period. Product in the

hands of dealers and distributors will be

relabelled to include the new protective

measures, information on the recall,

including an 800 number, and the last

legal use date. Amvac has agreed to

recall and reimburse any person

possessing any unopened mevinphos

product produced by Amvac or by

supplemental registrants, even stocks

held by growers, to accept mevinphos

products produced by other companies

including Dupont, Shell, and Helena

and to accept opened containers of

mevinphos product. A voluntary recall

that includes opened and partially filled

containers and goes down through the

end-user is unprecedented. Because of

the recall which includes

reimbursement provisions, growers are

less likely to have a potential hazardous

waste for an extended period. This plan

reduces potential accidental poisonings

and the opportunity for illegal use in the

future. The minimization of the holding

of hazardous waste, accidental

poisonings, and illegal use along with

the imposition of additional protective

measures for workers were important

benefits contributing to the Agency’s

decision.

The Agency believes that the amount

of mevinphos product used by

November 30, 1995, will likely be no

more than the amount originally

anticipated when the Agency entered

into the agreement with Amvac on July

1, 1994. This level of use combined with

the requirement for additional

protective measures for those using the

product during the extended use period

leads the Agency to believe that

exposure to agricultural workers from

the continued use of mevinphos will be

no greater, and likely less, than the

Agency anticipated in July of 1994.

An additional benefit associated with

the new arrangement is that it allows

the Agency to avoid the uncertainty

associated with litigation over the

cancellation and recall.

The Agency has considered the risks

and benefits of extending the

distribution, sale, and use of existing

stocks of products containing

mevinphos. When the risk of continued

use through November 30, 1995, is

weighed against the benefits, both

economic and in terms of risk reduction,

the Agency believes that the agreement

signed on January 13, 1995, was in the

best interest of the public.

Dated: March 27, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–8344 Filed 4–4–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

[FEMA–1046–DR]

(California); Amendment to Notice of a

Major Disaster Declaration

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Notice.

SUMMARY: This notice amends the notice

of a major disaster for the State of

California, (FEMA–1046–DR), dated

March 12, 1995, and related

determinations.

EFFECTIVE DATE: March 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Pauline C. Campbell, Response and

Recovery Directorate, Federal

Emergency Management Agency,

Washington, DC 20472, (202) 646–3606.

SUPPLEMENTARY INFORMATION: The notice

of a major disaster for the State of

California dated March 12, 1995, is

hereby amended to include the

following areas among those areas

determined to have been adversely

affected by the catastrophe declared a

major disaster by the President in his

declaration of March 12, 1995:

Alameda, Alpine, Calaveras, Contra Costa,

Merced, San Francisco, San Joaquin, and

San Mateo Counties for Individual

Assistance and Public Assistance.

(Catalog of Federal Domestic Assistance No.

83.516, Disaster Assistance)

Richard W. Krimm,

Associate Director, Response and Recovery

Directorate.

[FR Doc. 95–8248 Filed 4–4–95; 8:45 am]

BILLING CODE 6718–02–M

Changes to the Hotel and Motel Fire

Safety Act National Master List

AGENCY: United States Fire

Administration, FEMA.

ACTION: Notice.

SUMMARY: The Federal Emergency

Management Agency (FEMA or Agency)

gives notice of additions and

corrections/changes to, and deletions

from, the national master list of places

of public accommodations which meet

the fire prevention and control

guidelines under the Hotel and Motel

Fire Safety Act.

EFFECTIVE DATE: May 5, 1995.