[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23606]


[Federal Register: September 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180950; FRL-4909-4]


Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted specific exemptions for the control of various 
pests to the 12 States as listed below. Three crisis exemptions were 
initiated by various States. These exemptions, issued during the month 
of June 1994, except for the one in May 1994, are subject to 
application and timing restrictions and reporting requirements designed 
to protect the environment to the maximum extent possible. EPA has 
denied seven specific exemption requests from various States. 
Information on these restrictions is available from the contact persons 
in EPA listed below.

DATES: See each specific and crisis exemption for its effective date.

FOR FURTHER INFORMATION CONTACT: See each emergency exemption for the 
name of the contact person. The following information applies to all 
contact persons: By mail: Registration Division (7505W), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number: 6th Floor, 
CS #1, 2800 Jefferson Davis Highway, Arlington, VA, (703-308-8417).

SUPPLEMENTARY INFORMATION: EPA has granted specific exemptions to the:
    1. Arizona Department of Agriculture for the use of bifenthrin on 
melons to control the sweet potato, or silverleaf whitefly; June 6, 
1994, to July 10, 1994. A request for this use was initially denied on 
April 15, 1994. The denial was based on the fact that an exemption 
issued for this pest problem for another chemical, imidacloprid, was 
expected to reduce whitefly populations to a level controllable with 
the registered alternatives. However, at the time of issuance of the 
imidacloprid exemption, some melons were too far along in their 
development in order to use imidacloprid once, at or near planting, 
according to use directions. Therefore, EPA issued this exemption for 
use of bifenthrin only on those melons that could not be treated under 
the exemption for imidacloprid. (Andrea Beard)
    2. California Environmental Protection Agency, Department of 
Pesticide Regulation, for the use of myclobutanil on tomatoes to 
control powdery mildew; June 18, 1994, to June 17, 1995. (Susan 
Stanton)
    3. Delaware Department of Agriculture for the use of clomazone on 
cucumbers to control weeds and grasses; June 24, 1994, to August 20, 
1994. (Margarita Collantes)
    4. Maryland Department of Agriculture for the use of clomazone on 
cucumbers to control weeds and grasses; June 24, 1994, to August 20, 
1994. (Margarita Collantes)
    5. Minnesota Department of Agriculture for the use of triclopyr on 
aquatic sites to control purple loopestrife; June 1, 1994, to September 
30, 1994. (Libby Pemberton)
    6. Nebraska Department of Agriculture for the use of bifenthrin on 
corn to control mites; June 24, 1994, to September 15, 1994. (Andrea 
Beard)
    7. New Mexico Department of Agriculture for the use of bifenthrin 
on corn to control mites; June 24, 1994, to September 15, 1994. (Andrea 
Beard)
    8. Oregon Department of Agriculture for the use of bifenthrin on 
strawberries to control weevils; June 16, 1994, to August 31, 1994. 
(Andrea Beard)
    9. Oregon Department of Agriculture for the use of bifenthrin on 
raspberries to control weevils; June 7, 1994, to August 15, 1994. 
(Andrea Beard)
    10. Texas Department of Agriculture for the use of bifenthrin on 
corn to control mites; June 24, 1994, to September 15, 1994. (Andrea 
Beard)
    11. Texas Department of Agriculture for the use of esfenvalerate on 
sorghum to control sorghum midge; June 28, 1994, to September 30, 1994. 
Texas had initiated a crisis exemption this use. (Libby Pemberton)
    12. Texas Department of Agriculture for the use of imidacloprid on 
broccoli, cauliflower, and cabbage to control the silverleaf whitefly; 
June 28, 1994, to June 27, 1995. A notice of receipt published in the 
Federal Register of June 8, 1994 (59 FR 29604); no comments were 
received. The situation was determined to be urgent and nonroutine. The 
silverleaf whitefly is a relatively new pest, and adequate control is 
not being achieved with the registered materials. Significant economic 
losses were expected. (Andrea Beard)
    13. Virginia Department of Agriculture and Consumer Services for 
the use of clomazone on cucumbers to control weeds and grasses; June 
24, 1994, to August 20, 1994. (Margarita Collantes)
    14. Washington Department of Agriculture for the use of bifenthrin 
on raspberries to control weevils; June 7, 1994, to August 10, 1994. 
Washington had initiated a crisis exemption for this use. (Andrea 
Beard)
    15. Washington Department of Agriculture for the use of bifenthrin 
on strawberries to control weevils; June 16, 1994, to September 30, 
1994. (Andrea Beard)
    16. Wisconsin Department of Agriculture, Trade, and Consumer 
Protection for the use of vinclozolin on snap beans to control white 
mold; June 24, 1994, to September 15, 1994. (Libby Pemberton)
    17. Wisconsin Department of Agriculture for the use of metolachlor 
on spinach to control weeds and grasses; June 1, 1994, to July 1, 1994. 
(Margarita Collantes)
    Crisis exemptions were initiated by the:
    1. Colorado Department of Agriculture on May 28, 1994, for the use 
of chlorpyrifos on barley to control the Russian wheat aphid. This 
program has ended. (Andrea Beard)
    2. Texas Department of Agriculture on June 1, 1994, for the use of 
esfenvalerate on grain sorghum to control sorghum midge. This program 
is expected to last until September 30, 1994. (Libby Pemberton)
    3. Washington Department of Agriculture on June 6, 1994, for the 
use of bifenthrin on raspberries to control weevils. This program has 
ended. (Andrea Beard)
    EPA has denied a specific exemption request from the:
    1. Alabama Department of Agriculture and industries for the use of 
Pirate insecticide on cotton to control beet armyworms. A notice of 
receipt published in the Federal Register of May 25, 1994 (59 FR 
27017). This specific exemption was denied because the proposed use 
poses an unreasonable risk to nontarget birds and aquatic organisms, 
including several endangered species. Although some growers may incur 
significant economic losses, the expected statewide losses do not 
justify the use of this unregistered pesticide on cotton. (Susan 
Stanton)
    2. California Environmental Protection Agency (CEPA), Department of 
Pesticide Regulations, for the use of acephate on leaf lettuce to 
control green peach aphids. This specific exemption was denied because 
CEPA failed to demonstrate that an emergency condition exists. They 
claimed that an emergency resulted due to the development of resistance 
to registered alternatives; however, no data were submitted to document 
CEPA's claims. (Larry Fried)
    3. Colorado Department of Agriculture for the use of permethrin on 
wheat and barley to control cutworms. This specific exemption was 
denied because of concerns regarding potential dietary risk from 
permethrin exposure and inadequate progress toward registration. 
(Andrea Beard)
    4. Georgia Department of Agriculture for the use of permethrin on 
southern peas to control cowpea curculio. This specific exemption was 
denied because of concerns regarding potential dietary risk from 
permethrin exposure and inadequate progress toward registration. 
(Andrea Beard)
    5. Mississippi Department of Agriculture for the use of Pirate 
insecticide on cotton to control beet armyworms. A notice of receipt 
published in the Federal Register of May 25, 1994 (59 FR 27018). This 
specific exemption was denied because the proposed use poses a risk of 
unreasonable adverse effects on nontarget birds and aquatic organisms, 
including several endangered species. An emergency condition does not 
exist in Mississippi. (Susan Stanton)
    6. Montana Department of Agriculture for the use of permethrin on 
small grains to control cutworms. This specific exemption was denied 
because of concerns regarding potential dietary risk from permethrin 
exposure and inadequate progress toward registration. (Andrea Beard)
    7. New Hampshire Department of Agriculture for the use of clomazone 
on winter squash to control weeds. This specific exemption was denied 
because it has been 6 years that the use of clomazone on winter squash 
has been requested under section 18 of FIFRA, and it was expected that 
clomazone would be registered for use in New Hampshire by this growing 
season 1994; however, FMC Corporation has not yet submitted an 
application to add this use to its commercial label. (Margarita 
Collantes)

    Authority: 7 U.S.C. 136.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: September 9,1994.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

[FR Doc. 94-23606 Filed 9-27-94; 8:45 am]
BILLING CODE 6560-50-F