[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40348-40351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13780]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0188; FRL-7722-5]


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 January 1, 2005 to March 31, 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. 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 an official public docket for this 
action under docket identification number OPP-2005-0188. 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.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

[[Page 40349]]

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

Alabama

Department of Agriculture and Industries
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 7, 2005 to February 1, 
2006. Contact: (Barbara Madden)

California

Environmental Protection Agency, Department of Pesticide Regulation
Crisis: On August 30, 2004, for the use of spinosad on green onions to 
control thrips. This program ended on October 31, 2004. Contact: 
(Andrew Ertman)
Specific: EPA authorized the use of thiamethoxam on artichoke to 
control proba bug; January 14, 2005 to January 14, 2006. Contact: 
(Barbara Madden)
EPA authorized the use of maneb on walnut to control bacterial blight; 
March 1, 2005 to June 15, 2005. Contact: (Libby Pemberton)
EPA authorized the use of myclobutanil on peppers to control powdery 
mildew (Oidiopsis taurica); June 1, 2005 to May 31, 2006. Contact: 
(Libby Pemberton)
EPA authorized the use of oxytetracycline in apples to control fire 
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on garlic to control garlic rust 
(Puccinia porri - P. allii); March 16, 2005 to July 3, 2005. Contact: 
(Libby Pemberton)
EPA authorized the use of spiromesifen on pepper to control potato 
psyllid Bactericera (Paratrioza cockerelli); March 25, 2005 to November 
30, 2005. Contact: (Libby Pemberton)

Colorado

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 7, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of difenoconazole on sweet corn seed to control 
damping off and die-back disease; March 11, 2005 to March 10, 2006. 
Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on sunflower to control rust 
(Puccinia helianthi); July 1, 2005 to August 25, 2005. Contact: (Libby 
Pemberton)

Connecticut

Department of Environmental Protection
Specific: EPA authorized the use of azoxystrobin on tobacco to control 
blue mold (Peronospora tabacina) March 30, 2005 to December 31, 2005. 
Contact: (Libby Pemberton)
EPA authorized the use of maneb on walnut to control bacterial blight; 
March 1, 2005 to June 15, 2005. Contact: (Libby Pemberton)

Delaware

Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl in mushroom 
cultivation to control green mold; January 7, 2005 to January 7, 2006. 
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites 
and small hive beetles; February 7, 2005 to February 1, 2006. Contact: 
(Barbara Madden)

Florida

Department of Agriculture and Consumer Services
Specific: EPA authorized the use of Pyriproxyfen in legumes to control 
Whitefly; February 9, 2005 to February 9, 2006. Contact: (Andrea 
Conrath)
EPA authorized the use of thiophanate methyl in citrus to control post-
bloom fruit drop and stem end rot; March 2, 2005 to March 2, 2006. 
Contact: (Andrea Conrath)

Georgia

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)

Idaho

Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; February 17, 2005 to December 1, 2005. Contact: (Barbara 
Madden)
EPA authorized the use of thiabendazole in lentils to control Ascochyta 
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of difenoconazole on sweet corn seed to control 
damping off and die-back disease; March 11, 2005 to March 10, 2006. 
Contact: (Andrea Conrath)
EPA authorized the use of oxytetracycline in apples to control fire 
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)

Illinois

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 7, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)

Indiana

Office of Indiana State Chemist
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa

[[Page 40350]]

mites and small hive beetles; February 23, 2005 to February 1, 2006. 
Contact: (Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control 
mummyberry disease; March 10, 2005 to September 30, 2005. Contact: 
(Andrea Conrath)

Kansas

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 7, 2005 to February 1, 
2006. Contact: (Barbara Madden)

Maryland

Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl in mushroom 
cultivation to control green mold; January 7, 2005 to January 7, 2006. 
Contact: (Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites 
and small hive beetles; February 7, 2005 to February 1, 2006. Contact: 
(Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)

Massachusetts

Massachusetts Department of Food and Agriculture
Specific: EPA authorized the use of azoxystrobin on tobacco to control 
blue mold (Peronospora tabacina) March 30, 2005 to December 31, 2005. 
Contact: (Libby Pemberton)

Michigan

Michigan Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; February 17, 2005 to December 1, 2005. Contact: (Barbara 
Madden)
EPA authorized the use of fenbuconazole in blueberries to control 
mummyberry disease; March 10, 2005 to September 1, 2005. Contact: 
(Andrea Conrath)
EPA authorized the use of oxytetracycline in apples to control fire 
blight; March 11, 2005 to June 30, 2005. Contact: (Andrea Conrath)
EPA authorized the use of tebuconazole on asparagus to control 
asparagus rust (Puccinia asparagi); March 16, 2005 to November 1, 2005. 
Contact: (Libby Pemberton)

Minnesota

Department of Agriculture
Crisis: EPA authorized the use of tetraconazole on soybeans to control 
soybean rust; March 2, 2005, to March 1, 2008. Contact: (Andrew Ertman)
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; January 30, 2005 to December 1, 2005. Contact: (Barbara 
Madden)

Mississippi

Department of Agriculture and Commerce
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 23, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)

Missouri

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 7, 2005 to February 1, 
2006. Contact: (Barbara Madden)

Montana

Department of Agriculture
Specific: EPA authorized the use of thiabendazole in lentils to control 
Ascochyta Blight; March 11, 2005 to June 1, 2005. Contact: (Andrea 
Conrath)

New Hampshire

Department of Agriculture
Specific: EPA authorized the use of fenbuconazole in blueberries to 
control mummyberry disease; March 10, 2005 to August 31, 2005. Contact: 
(Andrea Conrath)

New York

Department of Environmental Conservation
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of desmedipham on red (table) beets to control 
several important broadleaf weeds, including hairy galinsoga, common 
ragweed, redroot pigweed, common lambsquarters, velvetleaf, nightshade 
spp. and wild mustard; February 2, 2005 to August 15, 2005. Contact: 
(Libby Pemberton)
EPA authorized the use of fenbuconazole in blueberries to control 
mummyberry disease; March 10, 2005 to June 30, 2005. Contact: (Andrea 
Conrath)

North Carolina

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control 
mummyberry disease; March 10, 2005 to August 31, 2005. Contact: (Andrea 
Conrath)

North Dakota

Department of Agriculture
Specific: EPA authorized the use of thiabendazole in lentils to control 
Ascochyta Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea 
Conrath)

Oklahoma

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2005 to February 1, 
2006. Contact: (Barbara Madden)

Oregon

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 7, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; February 7, 2005 to December 1, 2005. Contact: (Barbara Madden)
EPA authorized the use of propiconazole on filberts to control Eastern 
Filbert Blight; February 9, 2005 to May 30, 2005. Contact: (Andrea 
Conrath)
EPA authorized the use of thiabendazole in lentils to control Ascochyta 
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of fenbuconazole in blueberries to control 
mummyberry disease; March 10, 2005 to May 31, 2005. Contact: (Andrea 
Conrath)
EPA authorized the use of sulfentrazone on strawberries to control 
broadleaf weeds; March 11, 2005 to February 28, 2006. Contact: (Andrew 
Ertman)
EPA authorized the use of oxytetracycline in apples to control fire 
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)

Pennsylvania

Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and

[[Page 40351]]

L-menthol in beehives to control varroa mites; January 30, 2005 to 
December 1, 2005. Contact: (Barbara Madden)
EPA authorized the use of thiophanate methyl in mushroom cultivation to 
control green mold; January 7, 2005 to January 7, 2006. Contact: 
(Andrea Conrath)
EPA authorized the use of coumaphos in beehives to control varroa mites 
and small hive beetles; February 7, 2005 to February 1, 2006. Contact: 
(Barbara Madden)
EPA authorized the use of fenbuconazole in blueberries to control 
mummyberry disease; March 10, 2005 to September 1, 2005. Contact: 
(Andrea Conrath)

South Carolina

Clemson University
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 23, 2005 to February 1, 
2006. Contact: (Barbara Madden)

South Dakota

Department of Agriculture
Quarantine: EPA authorized the use of tetraconazole on soybeans to 
control soybean rust; March 2, 2005, to March 1, 2008. Contact: (Andrew 
Ertman)

Tennessee

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 23, 2005 to February 1, 
2006. Contact: (Barbara Madden)

Texas

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2005 to February 1, 
2006. Contact: (Barbara Madden)

Utah

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 23, 2005 to February 1, 
2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; February 23, 2005 to December 1, 2005. Contact: (Barbara Madden)

Washington

Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; January 30, 2005 to December 1, 2005. Contact: (Barbara 
Madden)
EPA authorized the use of coumaophos in beehives to control varroa 
mites and small hive beetles; February 7, 2005 to February 1, 2006. 
Contact: (Barbara Madden)
EPA authorized the use of propiconazole on filberts to control Eastern 
Filbert Blight; February 9, 2005 to May 30, 2005. Contact: (Andrea 
Conrath)
EPA authorized the use of thiabendazole in lentils to control Ascochyta 
Blight; February 22, 2005 to June 1, 2005. Contact: (Andrea Conrath)
EPA authorized the use of sulfentrazone on strawberries to control 
broadleaf weeds; March 2, 2005 to February 28, 2006. Contact: (Andrew 
Ertman)
EPA authorized the use of fenbuconazole in blueberries to control 
mummyberry disease; March 10, 2005 to June 10, 2005. Contact: (Andrea 
Conrath)
EPA authorized the use of oxytetracycline in apples to control fire 
blight; March 11, 2005 to August 1, 2005. Contact: (Andrea Conrath)

West Virginia

Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2005 to February 1, 
2006. Contact: (Barbara Madden)

Wisconsin

Department of Agriculture, Trade, and Consumer Protection
Specific: EPA authorized the use of sulfentrazone on strawberries to 
control broadleaf weeds; June 20, 2005 to December 15, 2005. Contact: 
(Andrew Ertman)

List of Subjects

    Environmental protection, Pesticides and pest.


    June 29, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-13780 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-S