[Federal Register: February 29, 2008 (Volume 73, Number 41)]
[Notices]
[Page 11114-11116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29fe08-76]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-1056; FRL-8350-5]
Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations
Editorial Note: This notice did not appear in the issue of
Wednesday, February 27, 2008. As a result, it is being printed in
its entirety.
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 October 1, 2007 through December 31, 2007 to
control unforeseen 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 (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9366.
SUPPLEMENTARY INFORMATION:
[[Page 11115]]
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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions discussed above. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-1056. Publicly
available docket materials are available either electronically at
http://www.regulations.gov, or, if only available in hard copy, at the
OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of
this Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility 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.
II. Background
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.
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 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
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific Exemption: EPA authorized the use of thiabendazole as a seed
treatment on Brussels sprout, cabbage, and cauliflower to control black
leg disease (Phoma lingam); November 17, 2007 to November 17, 2008.
Contact: (Stacey Groce).
EPA authorized the use of thiophanate-methyl on mushroom to control
green mold; October 26, 2007 to October 26, 2008. Contact: (Andrea
Conrath).
Crisis: On November 29, 2007, for the use of boscalid and
pyraclostrobin on Belgian endive to control Sclerotinia. This program
is expected to end on January 31, 2008. Contact: (Stacey Groce).
Colorado
Department of Agriculture
Specific Exemption: EPA authorized the use of clothianidin on beet,
sugar beet, seed to control beet leafhopper (beet curly top virus);
December 15, 2007 to September 30, 2008. Contact: (Stacey Groce).
Connecticut
Department of Environmental Protection
Crisis: On December 18, 2007, for the use of chlorine dioxide on a
contaminated building to inactive Bacillus anthracis spores. This
program has ended. Contact: (Princess Campbell).
Delaware
Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl on
mushroom to control green mold; January 14, 2008 to January 14, 2009.
Contact: (Andrea Conrath).
Florida
Department of Agriculture and Consumer Services
Specific Exemption: EPA authorized the use of fludioxonil on carambola
to control Dothiorella fruit rot; November 30, 2007 to November 30,
2008. Contact: (Andrea Conrath).
Indiana
Office of Indiana State Chemist
Specific Exemption: EPA authorized the use of tebuconazole on corn,
field, seed to control head smut; November 1, 2007 to May 31, 2008.
Contact: (Andrew Ertman).
Maryland
Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl on
mushroom to control green mold; Effective January 14, 2008 to January
14, 2009. Contact: (Andrea Conrath).
Minnesota
Department of Agriculture
Specific Exemption: EPA authorized the use of anthraquinone on corn,
field, and sweet, seed to control sandhill crane; November 5, 2007 to
July 30, 2008. Contact: (Marcel Howard).
Oregon
Department of Agriculture
[[Page 11116]]
Specific Exemption: EPA authorized the use of thiophanate-methyl on
mushroom to control green mold; October 26, 2007 to October 26, 2008.
Contact: (Andrea Conrath).
EPA authorized the use of clothianidinin on beet, sugar, seed to
control beet leafhopper (beet curly top virus); December 15, 2007 to
September 30, 2008. Contact: (Stacey Groce).
Pennsylvania
Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl on
mushroom to control green mold; Effective January 8, 2008 to January 8,
2009. Contact: (Andrea Conrath).
Texas
Department of Agriculture
Crisis: On November 26, 2007, for the use of thiophanate-methyl on
citrus to control postbloom fruit drop and stem-end rot. A specific
exemption request has been submitted to EPA for this use. This program
is ongoing. Contact: (Andrea Conrath).
Specific Exemption: EPA authorized the use of triflumizole on parsley;
dandelion; swiss chard; collards; kale; kohlrabi; mustard greens;
Chinese napa cabbage; coriander, leaves; broccoli; and turnip greens to
control powdery mildew (Erysiphe spp.); November 2, 2007 to November 2,
2008. Contact: (Libby Pemberton).
EPA authorized the use of formetanate hydrochloride on dry bulb onions
to control thrips; December 28, 2007 to May 31, 2008. Contact: (Andrew
Ertman).
Washington
Department of Agriculture
Specific Exemption: EPA authorized the use of thiabendazole as a seed
treatment on Brussels sprout, cabbage, and cauliflower to control
blackleg disease (phoma lingam); November 17, 2007 to November 17,
2008. Contact: (Stacey Groce).
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific Exemption: EPA authorized the use of anthraquinone on corn,
field, and sweet, seed to control sandhill crane; December 13, 2007 to
July 30, 2008. Contact: (Marcel Howard).
Wyoming
Department of Agriculture
Specific Exemption: EPA authorized the use of clothianidin on beet,
sugar, seed to control beet leafhopper (beet curly top virus); December
13, 2007 to September 30, 2008. Contact: (Stacey Groce).
B. Federal Department and Agencies
United States Department of Agriculture
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of E-11-tetradecen-1-yl acetate on
all agricultural crops and all residential areas to control the light
brown apple moth; October 5, 2007 to October 1, 2010. Contact: (Andrew
Ertman).
Quarantine: EPA authorized the use of bacillus thuringiensis on cotton
to control the pink boll worm; October 31, 2007 to October 31, 2010.
Contact: (Andrea Conrath).
List of Subjects
Environmental protection, Pesticides and pests.
Dated: February 14, 2008.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
Editorial Note: This notice did not appear in the issue of
Wednesday, February 27, 2008. As a result, it is being printed in
its entirety.
[FR Doc. E8-3491 Filed 2-26-08; 8:45 am]
BILLING CODE 6560-50-S