[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Notices]
[Pages 13982-13984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6415]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180960; FRL-4935-3]


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 10 States listed below. There were four crisis exemptions 
initiated by various States. Quarantine exemptions have been granted to 
the United States Department of Agriculture/Animal and Plant Health 
Inspection Service. These exemptions, issued during the months of 
October, November, and December 1994, are subject to application and 
timing restrictions and reporting requirements designed to protect the 
environment to the maximum extent possible. EPA has denied four 
specific and one Public Health exemption requests. Information on these 
restrictions is available from the contact persons in EPA listed below.

DATES: See each specific, crisis, and quarantine 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; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: EPA has granted specific exemptions to the:
    1. Arkansas State Plant Board for the use of cypermethrin on 
mustard greens to control various insects; October 20, 1994, to October 
19, 1995. (Libby Pemberton)
    2. California Environmental Protection Agency for the use of methyl 
bromide on watermelon to control nematodes, weeds, and soil diseases; 
November 18, 1994, to April 30, 1995. (Libby Pemberton)
    3. California Environmental Protection Agency for the use of naled 
on swiss chard to control aphids; November 23, 1994, to November 22, 
1995. (Margarita Collantes) [[Page 13983]] 
    4. California Environmental Protection Agency for the use of 
metalaxyl on mustard greens to control white rust; October 10, 1994, to 
August 21, 1995. California had initiated a crisis exemption for this 
use. (Susan Stanton)
    5. California Environmental Protection Agency for the use of 
prometryn on parsley to control weeds; December 21, 1994, to December 
21, 1995. (Andrea Beard)
    6. California Environmental Protection Agency for the use of 
clethodim on dry bulb onions to control annual bluegrass; December 14, 
1994, to December 13, 1995. (Margarita Collantes)
    7. Florida Department of Agriculture and Consumer Services for the 
use of avermectin on strawberries to control spider mites; October 10, 
1994, to June 30, 1995. (Larry Fried)
    8. Florida Department of Agriculture and Consumer Services for the 
use of avermectin on head lettuce to control leafminers; November 14, 
1994, to November 13, 1995. (Larry Fried)
    9. Florida Department of Agriculture and Consumer Services for the 
use of avermectin on potatoes to control leafminers; December 22, 1994, 
to June 1, 1995. (Libby Pemberton)
    10. Florida Department of Agriculture and Consumer Services for the 
use of imidacloprid on tomatoes to control whiteflies; December 14, 
1994, to December 14, 1995. A notice of receipt published in the 
Federal Register of November 16, 1994 (59 FR 59223). The situation was 
determined to be urgent and nonroutine, and significant economic losses 
were expected without this use. (Andrea Beard)
    11. Florida Department of Agriculture and Consumer Services for the 
use of fenpropathrin on tomatoes to control whiteflies; December 14, 
1994, to December 14, 1995. (Andrea Beard)
    12. Georgia Department of Agriculture for the use of sethoxydim on 
canola to control Italian ryegrass; October 10, 1994, to April 15, 
1995. (Susan Stanton)
    13. Hawaii Department of Agriculture for the use of hydramethylnon 
on pineapples to control big-headed and Argentine ants; December 22, 
1994, to December 21, 1995. (Libby Pemberton)
    14. Idaho Department of Agriculture for the use of imazalil on 
sweet corn seed to control dieback syndrome; October 7, 1994, to 
October 1, 1995. (Susan Stanton)
    15. New Jersey Department of Agriculture for the use of Pro-Gro 
(carboxin/thiram) on onion seed to control onion smut; October 19, 
1994, to June 1, 1995. (Susan Stanton)
    16. Puerto Rico Commonwealth, Department of Agriculture, for the 
use of avermectin on tomatoes to control leafminers; October 3, 1994, 
to October 2, 1995. (Larry Fried)
    17. Texas Department of Agriculture for the use of avermectin on 
peppers to control broad mites; November 23, 1994, to November 22, 
1995. (Larry Fried)
    18. Washington Department of Agriculture for the use of zinc 
phosphide on dormant timothy and timothy/alfalfa mixtures to control 
meadow voles; October 4, 1994, to April 15, 1995. (Susan Stanton)
    Crisis exemptions were initiated by the:
    1. Arkansas State Plant Board on October 17, 1994, for the use of 
metolachlor on spinach to control weeds. This program has ended. (Susan 
Stanton)
    2. Georgia Department of Agriculture on October 20, 1994, for the 
use of metalaxyl on collards, mustard greens, and turnip greens to 
control downy mildew. This program is expected to last until June 30, 
1995. (Susan Stanton)
    3. Hawaii Department of Agriculture on November 10, 1994, for the 
use of imidacloprid on tomatoes to control whiteflies. This program is 
expected to last until November 10, 1995. (Andrea Beard)
    4. Pennsylvania Department of Agriculture on October 5, 1994, for 
the use of chlorothalonil on mushrooms to control verticillium 
diseases. This crisis exemption was revoked on October 7, 1994, due to 
dietary risk issues and lack of progress toward registration of this 
use. (Susan Stanton)
    EPA has denied specific and public health exemption requests from 
the:
    1. Connecticut Department of Agriculture for the use of oxyfluorfen 
on strawberries to control weeds. This specific exemption was denied 
because the Agency was not able to conclude that strawberry growers 
will experience significant economic losses if oxyfluorfen is not 
available. (Larry Fried)
    2. Georgia Department of Agriculture for the use of chlorothalonil 
on collards, mustard greens, and turnip greens to control fungal 
diseases. This specific exemption was denied because of unacceptable 
dietary risk, lack of adequate progress toward registration, and the 
State's failure to satsify data requirements imposed last year as a 
condition for consideration of future section 18 requests for this use. 
(Susan Stanton)
    3. New Hampshire Department of Agriculture for the use of 
oxyfluorfen on strawberries to control weeds. This specific exemption 
was denied because the Agency was not able to conclude that strawberry 
growers will experience significant economic losses if oxyfluorfen is 
not available. (Larry Fried)
    4. Pennsylvania Department of Agriculture for the use of 
chlorothalonil on mushrooms to control verticillium fungicola. This 
specific exemption was denied because the estimated lifetime dietary 
cancer risk from the registered uses of chlorothalonil and the use on 
mushrooms exceeds the level generally considered acceptable by EPA. The 
current estimates of cancer risk from this use preclude any further 
progress toward registration. (Susan Stanton)
    5. Texas Department of Agriculture for the use of sodium 
fluoroacetate on certain mammalian vectors to control gray fox rabies. 
A notice of receipt of this public health exemption was published in 
the Federal Register of August 24, 1994 (59 FR 43580), an extension of 
comment period later published September 8, 1994 (59 FR 46428). The 
Agency concluded that the proposed vector control program cannot be 
expected with any degree of certainty to be effective in halting the 
spread of the epizootic. For this reason, the Agency denied the request 
for a public health exemption. This conclusion is based on the 
following: the geographical area encompassed by the epizootic appears 
to be too large to ensure that the landowner executed vector control 
efforts could be managed and coordinated efficiently; the type of bait 
proposed for use could not, on the basis of available relevant data, be 
expected to selectively target gray foxes and the primary host 
organisms or the purported ancillary vector species efficiently or 
effectively; and the proposed spacing of individual baits and the 
baiting density suggest that the expected taking of most baits by 
nontarget species would create significant gaps in the proposed barrier 
treatment that is intended to reduce gray fox populations and confine 
the epizootic. (Libby Pemberton)
    EPA has granted a quarantine exemption to the United States 
Department of Agriculture/Animal and Plant Health Inspection Service 
for the use of diazinon soil treatments and malathion in quarantined 
areas within the State of Florida to eradicate exotic subtropical 
members of the fruit fly family Tephritidae. November 30, 1994, to 
November 29, 1997. (Susan Stanton).

    Authority: 7 U.S.C. 136.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    [[Page 13984]] Dated: March 6, 1995.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-6415 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-50-F