Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
[Federal Register: November 16, 2005 (Volume 70, Number 220)]
[Notices]
[Page 69560-69562]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no05-70]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0277; FRL-7742-1]
Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has granted or denied emergency exemptions under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions or denials were
granted during the period July 1, 2005 - September 30, 2005 to control
unforseen pest outbreaks.
FOR FURTHER INFORMATION CONTACT: See each emergency exemption or denial
for the name of a contact person. The following information applies to
all contact persons: Team Leader, Emergency Response Team, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9366.
SUPPLEMENTARY INFORMATION: EPA has granted or denied emergency
exemptions to the following State and Federal agencies. The emergency
exemptions may take the following form: Crisis, public health,
quarantine, or specific. EPA has also listed denied emergency exemption
requests in this notice.
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111)
Animal production (NAICS code 112)
Food manufacturing (NAICS code 311)
Pesticide manufacturing (NAICS code 32532)
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed underFOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification number OPP-2005-0277. The official
public docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington,
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket telephone number
is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. Background
Under FIFRA section 18, EPA can authorize the use of a pesticide
when emergency conditions exist. Authorizations (commonly called
emergency exemptions) are granted to State and Federal agencies and are
of four types:
1. A ``specific exemption'' authorizes use of a pesticide against
specific pests on a limited acreage in a particular State. Most
emergency exemptions are specific exemptions.
2. ``Quarantine'' and ``public health'' exemptions are a particular
form of
[[Page 69561]]
specific exemption issued for quarantine or public health purposes.
These are rarely requested.
3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is confirmed by EPA) when there is insufficient time to request
and obtain EPA permission for use of a pesticide in an emergency.
EPA may deny an emergency exemption: If the State or Federal agency
cannot demonstrate that an emergency exists, if the use poses
unacceptable risks to the environment, or if EPA cannot reach a
conclusion that the proposed pesticide use is likely to result in ``a
reasonable certainty of no harm'' to human health, including exposure
of residues of the pesticide to infants and children.
If the emergency use of the pesticide on a food or feed commodity
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
In this document: EPA identifies the State or Federal agency
granted the exemption or denial, the type of exemption, the pesticide
authorized and the pests, the crop or use for which authorized, number
of acres (if applicable), and the duration of the exemption. EPA also
gives the Federal Register citation for the time-limited tolerance, if any.
III. Emergency Exemptions and Denials
A. U.S. States and Territories
Alabama
Department of Agriculture and Industries
Specific: EPA authorized the use of sulfosulfuron on Bermuda and Bahia
grass pastures, and hayfields to control Johnson grass; September 23,
2005 to September 15, 2006. Contact: (Libby Pemberton)
Arizona
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mites and small hive beetles; August 25, 2005 to February 1,
2006. Contact: (Stacey Groce)
Arkansas
State Plant Board
Specific: EPA authorized the use of methoxyfenozide on soybeans to
control saltmarsh catepillars and armyworms; August 9, 2005 to October
30, 2005. Contact: (Stacey Groce)
EPA authorized the use of thymol in beehives to control varroa mites;
August 25, 2005 to December 1, 2006. Contact: (Stacey Groce)
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of myclobutanil on artichoke to
control powdery mildew; August 18, 2005 to August 18, 2006. Contact:
(Stacey Groce)
Delaware
Department of Agriculture
Specific: EPA authorized the use of bifenazate on soybeans to control
two spotted spider mites; July 19, 2005 to August 1, 2005. Contact:
(Libby Pemberton)
Florida
Department of Agriculture and Consumer Services
Quarantine: EPA authorized the use of naled in bait stations to control
fruit flies; September 22, 2005, to September 22, 2008. Contact:
(Andrew Ertman)
Specific: EPA authorized the use of thiophanate-methyl on cotton to
control fusarium hardlock; July 21, 2005 to July 21, 2006. Contact:
(Stacey Groce)
Georgia
Department of Agriculture
Specific: EPA authorized the use of terbacil on watermelons to control
annual broadleaf plants; July 15, 2005 to July 31, 2005. Contact:
(Stacey Groce)
EPA authorized the use of sulfosulfuron on Bermuda and Bahia grass
pastures, and hayfields to control Johnson grass; September 23, 2005 to
September 15, 2006. Contact: (Libby Pemberton)
Idaho
Department of Agriculture
Specific: EPA authorized the use of diflubenzuron on barley and wheat
to control grasshoppers and Mormon crickets; July 1, 2005 to August 1,
2005. Contact: (Libby Pemberton)
EPA authorized the use of flufenacet on wheat to control Italian
ryegrass; September 23, 2005 to December 31, 2005. Contact: (Andrew Ertman)
Louisiana
Department of Agriculture and Forestry
Specific: EPA authorized the use of methoxyfenozide on sorghum grain to
control southwestern corn borer and sugarcane borer; August 4, 2005 to
September 15, 2005. Contact: (Stacey Groce)
EPA authorized the use of sulfosulfuron on Bermuda and Bahia grass
pastures, and hayfields to control Johnson grass; September 23, 2005 to
September 15, 2006. Contact: (Libby Pemberton)
Minnesota
Department of Agriculture
Specific: EPA authorized the use of lambda-cyhalothrin on wild rice to
control rice worms; June 30, 2005 to September 10, 2005. Contact:
(Andrew Ertman)
Mississippi
Department of Agriculture and Commerce
Specific: EPA authorized the use of sulfosulfuron on Bermuda and Bahia
grass pastures, and hayfields to control Johnson grass; September 23,
2005 to September 15, 2006. Contact: (Libby Pemberton)
Montana
Department of Agriculture
Specific: EPA authorized the use of azoxystrobin on safflower to
control Alternaria leaf spot; July 15, 2005 to August 15, 2005.
Contact: (Libby Pemberton)
EPA authorized the use of diflubenzuron on alfalfa to control
grasshoppers and Mormon crickets; August 25, 2005 to September 30,
2005. Contact: (Libby Pemberton)
Nebraska
Department of Agriculture
Crisis: On August 18, 2005, for the use of tebuconazole on sunflower to
control rust. This program ended on September 1, 2005.Contact: (Stacey
Groce)
Specific: EPA authorized the use of tebuconazole on field corn seed to
control head smut (Sphacelotheca reiliana (Kuhn); August 11, 2005 to
May 30, 2006. Contact: (Libby Pemberton)
Nevada
Department of Agriculture
Specific: EPA authorized the use of thymol in beehives to control
varroa mites; August 25, 2005 to December 1, 2006. Contact: (Stacey Groce)
New Mexico
Department of Agriculture
Specific: EPA authorized the use of myclobutanil on chile peppers and
bell peppers to control powdery mildew; July 1, 2005 to October 15,
2005. Contact: (Stacey Groce)
North Carolina
Department of Agriculture
Crisis: On July 5, 2005, for the use of azoxystrobin on tobacco to
control target
[[Page 69562]]
spot. This program ended on July 22, 2005. Contact: (Libby Pemberton)
North Dakota
Department of Agriculture
Crisis: On August 5, 2005, for the use of diquat dibromide on canola as
a harvest aid. This program ended on August 19, 2005. Contact: (Libby
Pemberton)
Specific: EPA authorized the use of azoxystrobin on safflower to
control Alternaria leaf spot; July 7, 2005 to August 15, 2005. Contact:
(Libby Pemberton)
Oklahoma
Department of Agriculture
Specific: EPA authorized the use of thymol in beehives to control
varroa mites; September 15, 2005 to December 1, 2006. Contact: (Stacey
Groce)
EPA authorized the use of sulfosulfuron on Bermuda and Bahia grass
pastures, and hayfields to control Johnson grass; September 23, 2005 to
September 15, 2006. Contact: (Libby Pemberton)
Oregon
Department of Agriculture
Specific: EPA authorized the use of bifenthrin on orchardgrass to
control the orchardgrass billbug; July 8, 2005 to November 15, 2005.
Contact: (Andrea Conrath)
EPA authorized the use of flufenacet on wheat to control Italian
ryegrass; September 23, 2005 to December 31, 2005. Contact: (Andrew Ertman)
EPA authorized the use of ethoprop on baby mint to control garden
symphylan (Scutigerella immaculata); July 22, 2005 to September 15,
2005. Contact: (Libby Pemberton)
South Carolina
Clemson University
Crisis: On July 14, 2005, for the use of azoxystrobin on tobacco to
control target spot. This program ended on July 28, 2005. Contact:
(Libby Pemberton)
Tennessee
Department of Agriculture
Specific: EPA authorized the use of azoxystrobin on tobacco to control
(Cercospora nicotianae) and Target spot (Rhizoctonia solani); August 9,
2005 to October 15, 2005. Contact: (Libby Pemberton)
Utah
Department of Agriculture
Specific: EPA authorized the use of bifenazate on tart cherries to
control two spotted spider mites (Tetranychus urticae Koch); McDaniel
mite (Tetranychus mcdanieli Mcgregor); and European red mite
(Panonychus ulmi (Koch)); July 19, 2005 to September 1, 2005. Contact:
(Libby Pemberton)
Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of thymol in beehives to control
varroa mites; August 25, 2005 to December 1, 2006. Contact: (Stacey Groce)
Washington
Department of Agriculture
Specific: EPA authorized the use of diflubenzuron on barley and wheat
to control grasshoppers and Mormon crickets; July 1, 2005 to August 1,
2005. Contact: (Libby Pemberton)
EPA authorized the use of flufenacet on wheat to control Italian
ryegrass; September 23, 2005 to December 31, 2005. Contact: (Andrew Ertman)
B. Federal Departments and Agencies
Agriculture Department
Animal and Plant Health Inspector Service
Crisis: On June 20, 2005, for the use of sodium hypochlorite, sodium
carbonate, and sodium hydroxide on any item, field site, or surface
potentially contaminated by exotic infectious disease organisms to
control those organisms in various locations throughout the United
States. This program is expected to end on June 21, 2008. Contact:
(Libby Pemberton)
Defense Department
Quarantine: EPA authorized the use of paraformaldehyde on biological
containment areas, biological safety cabinets and equipement, and high
efficiency particulate air filters in the ventilation system to prevent
the release of infectious microorganisms from containment areas);
September 29, 2005 to September 29, 2008. Contact: (Libby Pemberton)
List of Subjects
Environmental protection, Pesticides and pest.
Dated: October 28, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-22618 Filed 11-15-05; 8:45 am]
BILLING CODE 6560-50-S
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