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avermectin (Agri-Mek, Affirm) Emergency Exemption for Use on Pears 1/94

New York State Department of Environmental Conservation
50 Wolf Road, Albany, New York 12233


                                                    Jan. 19, 1994


Ms. Rebecca Cool
Registration Division (TS-767)
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC  20460

Dear Ms. Cool:

     Section 18 Emergency Exemption for Use of Avermectin B1
     (Agri-Mek 0.15 EC) on Pears in New York for the Control
     Pear Psylla in 1994

The New York State Department of Environmental Conservation,
as the State lead agency for pesticide matters, hereby requests
consideration of the subject matter for emergency exemption under
Section 18 of FIFRA, as amended. Enclosed is a copy of the
December 2, 1993 request from Associate Professor Author M.
Agnello, Department of Entomology, Cornell University, to you
which includes the information required in 40 CFR Part 166.20.

This is the fourth year that Section 18 emergency exemption
is being requested for use of Avermectin Bl on pears in New York
State. The Section 3 registration application for Agri-Mek was
submitted to the United States Environmental Protection Agency
(USEPA) by Merck, Sharp & Dohme on July 17, 1989, and is
currently under review by Agency scientists. The USEPA has
accepted the residue chemistry data in support of a permanent
tolerance and has waived the requirement for an aquatic mesocosm
study. These satisfy the last two USEPA requirements for
registration (see Appendix D of enclosed request).

Also enclosed is a copy of the use report as required under
the Emergency Exemption for Avermectin B1 issued for 1993 (see
Appendix G of enclosed request).


Your prompt attention to this matter is appreciated so that
the necessary material may be available to growers by June 1,
1994. Please contact Frank Hegener, of my staff, at
(518) 457-7446, if you have any questions concerning this
request.

Thank you for your assistance on this matter.

                             Sicerely,      


                             Norman H. Nosenchuck, P.E.
                             Director
                             Division of Hazardous Substances
                               Regulation

Enclosures

F. Kozak - USEPA - Region II - w/enc.
W. Smith - Cornell Univ. - w/o enc.
A. Agnello - Cornell Univ. - w/o enc.
D. Rapp - NYS Dept. of Ag. & Mkts. - w/o enc.