[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12687-12688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-551]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0051; FRL-7346-4]
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 October 2003, to December 2003, 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 111)
Animal production (NAICS 112)
Food manufacturing (NAICS 311)
Pesticide manufacturing (NAICS 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 under FOR 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 (ID) number OPP-2004-0051. 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,
1921 Jefferson Davis Hwy., 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.epa.gov/edocket/ 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 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
Arkansas
State Plant Board
Crisis: On August 29, 2003, for the use of spinosad on pastureland and
[[Page 12688]]
rangeland to control armyworms. This program ended on December 31,
2003. Contact: (Andrew Ertman)
Specific: EPA authorized the use of spinosad on pastureland and
rangeland to control armyworms; August 29, 2003 to December 31, 2003.
Contact: (Andrew Ertman)
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of pyriproxyfen on strawberry to
control whiteflies; December 12, 2003 to December 12, 2004. Contact:
(Andrea Conrath)
Specific: EPA authorized the use of abamectin on spinach to control
leafminer; December 23, 2003 to December 23, 2004. Contact: (Libby
Pemberton)
Delaware
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl on mushroom to
control green mold; December 16, 2003 to December 16, 2004. Contact:
(Andrea Conrath)
Florida
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of thymol on beehives to control
varroa mites; November 6, 2003 to November 8, 2004. Contact: (Stacey
Milan Groce)
Georgia
Department of Agriculture
Specific: EPA authorized the use of thymol on beehives to control
varroa mites; October 14, 2003 to December 31, 2003. Contact: (Stacey
Milan Groce)
Specific: EPA authorized the use of flufenacet on wheat to control
ryegrass; October 27, 2003 to December 31, 2003. Contact: (Andrew
Ertman)
Maryland
Department of Agriculture
Specific: EPA authorized the use of thymol on beehives to control
varroa mites; October 14, 2003 to December 31, 2003. Contact: (Stacey
Milan Groce)
Specific: EPA authorized the use of thiophanate methyl on mushroom to
control green mold; December 30, 2003 to December 30, 2004. Contact:
(Andrea Conrath)
Mississippi
Department of Agriculture and Commerce
Specific: EPA authorized the use of niclosamide on catfish ponds to
control ram's horn snail; December 31, 2003 to December 31, 2004.
Contact: (Stacey Milan Groce)
Nebraska
Department of Agriculture
Specific: EPA authorized the use of tebuconazole on field corn seed to
control head smut; December 22, 2003 to May 30, 2004. Contact: (Libby
Pemberton)
New Jersey
Department of Environmental Protection
Denial: On October 3, 2003, EPA denied a specific exemption request for
the use of propamocarb hydrochloride on tomatoes to control late
blight. This request was denied because available alternatives are
expected to be sufficient to avert emergency losses. Concurrently, a
crisis exemption which was declared by New Jersey on August 21, 2003,
for this use was revoked. Contact: (Libby Pemberton)
North Carolina
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat to control
ryegrass; October 14, 2003 to December 31, 2003. Contact: (Andrew
Ertman)
Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl on mushroom to
control green mold; December 16, 2003 to December 16, 2004. Contact:
(Andrea Conrath)
South Carolina
Clemson University
Specific: EPA authorized the use of flufenacet on wheat to control
ryegrass; November 20, 2003 to January 31, 2004. Contact: (Andrew
Ertman)
Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of flufenacet on wheat to control
ryegrass; October 16, 2003 to March 31, 2004. Contact: (Andrew Ertman)
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Crisis: On March 28, 2003, for the use of imidacloprid on soybean seed
to control bean leaf beetles. This program ended on April 30, 2003.
Contact: (Andrew Ertman)
List of Subjects
Environmental protection, Pesticides and pest.
Dated: March 4, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E4-551 Filed 3-16-04; 8:45 am]
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