[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Notices]
[Pages 6707-6709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3099]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181085; FRL-6822-9]


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 1, 2001 to December 31, 2001 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; 
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 petition EPA 
for authorization under section 18 of FIFRA to use pesticide products 
which are otherwise unavailable for a given use. Potentially affected 
categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Federal Government                9241                Federal agencies
                                                       that petition EPA
                                                       for section 18
                                                       pesticide use
                                                       authorization
 
State and Territorial government  9241                State agencies
 agencies charged with pesticide                       that petition EPA
 authority                                             for section 18
                                                       pesticide use
                                                       authorization
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be regulated by this 
action. Other types of entities not listed in the table in this unit 
could also be regulated. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in 40 CFR part 
166. 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 Additional Information or Copies of this Document or 
Other Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-181085. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

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

[[Page 6708]]

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

Arizona
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2002 to February 1, 
2003. Contact: (Barbara Madden)
California
Environmental Protection Agency, Department of Pesticide Regulation
Denial: On November 29, 2001, EPA denied the use of avermectin on leaf 
lettuce to control leafminers. This request was denied because at this 
time, the Agency is unable to reach a ``reasonable certainty of no 
harm'' finding regarding health effects which may result if this use 
were to occur. Contact: (Barbara Madden).
Specific: EPA authorized the use of maneb on walnuts to control walnut 
blight; November 8, 2001 to June 15, 2002. Contact: (Libby Pemberton)
    EPA authorized the use of avermectin on spinach to control leaf 
miners; November 1, 2001 to October 31, 2002. Contact: (Dan Rosenblatt)
    EPA authorized the use of carboxin on onion seed to control onion 
smut; November 13, 2001 to May 31, 2002. Contact: (Andrew Ertman)
    EPA authorized the use of imidacloprid on strawberries to control 
silverleaf whiteflies; December 24, 2001 to December 23, 2002. Contact: 
(Andrew Ertman)
    EPA authorized the use of cyhalofop-buty on rice to control bearded 
sprangletop; April 15, 2002 to August 15, 2002. Contact: (Barbara 
Madden)
Colorado
Department of Agriculture
Specific: EPA authorized the use of bifenazate on greenhouse grown 
tomatoes to control spider mites; December 12, 2001 to December 11, 
2002. Contact: (Barbara Madden)
Connecticut
Department of Environmental Protection
Specific: EPA authorized the use of triazamate on Christmas trees to 
control root aphids; November 8, 2001 to September 30, 2002. Contact: 
(Andrew Ertman)
Florida
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; January 19, 2002 to January 18, 
2003. Contact: (Barbara Madden)
Georgia
Department of Agriculture
Specific: EPA authorized the use of fenbuconazole on blueberries to 
control mummy berry disease; December 6, 2001 to July 1, 2002. Contact: 
(Dan Rosenblatt)
    EPA authorized the use of coumaphos in beehives to control varroa 
mites and small hive beetles; January 19, 2002 to January 18, 2003. 
Contact: (Barbara Madden)
Idaho
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat and triticale 
to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: 
(Barbara Madden)
    EPA authorized the use of pendimethalin on mint to control kochia 
and redroot pigweed; January 1, 2002 to December 31, 2002. Contact: 
(Libby Pemberton)
Louisiana
Department of Agriculture and Forestry
Crisis: On November 7, 2001, for the use of azoxystrobin on 
strawberries to control crown rot disease. This program ended on 
November 23, 2001. Contact: (Libby Pemberton)
Michigan
Michigan Department of Agriculture
Specific: EPA authorized the use of tebuconazole on asparagus to 
control rust; October 2, 2001 to November 1, 2001. Contact: (Barbara 
Madden)
Minnesota
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2002 to February 1, 
2003. Contact: (Barbara Madden)
Mississippi
Department of Agriculture and Commerce
Specific: EPA authorized the use of niclosamide in commercially 
operated, man-made levee containment ponds for catfish production to 
control ram's horn snail, an intermediate host to the yellow grub 
trematode (Bolbophorus confusus); November 21, 2001 to November 21, 
2002. Contact: (Barbara Madden)
    EPA authorized the use of coumaphos in beehives to control varroa 
mites and small hive beetles; February 2, 2002 to February 1, 2003. 
Contact: (Barbara Madden)
Missouri
Department of Agriculture
Specific: EPA authorized the use of clethodim on tall fescue to 
suppress stem and seedhead formation in tall fescue pasture or hay to 
reduce toxin producing endophyte-fungus; November 8, 2001 to April 15, 
2002. Contact: (Barbara Madden)
New Mexico
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2002 to February 1, 
2003. Contact: (Barbara Madden)
    EPA authorized the use of propiconazole in sorghum to control 
sorghum ergot; June 1, 2002 to September 30, 2002. Contact: (Dan 
Rosenblatt)
North Dakota
Department of Agriculture
Specific: EPA authorized the use of tebuconazole on wheat to control 
Fusarium Head Blight; May 15, 2002 to September 1, 2002. Contact: 
(Meredith Laws)
    EPA authorized the use of tebuconazole on barley to control 
Fusarium Head Blight; May 15, 2002 to September 1, 2002. Contact: 
(Meredith Laws)
Oklahoma
Department of Agriculture
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; February 2, 2002 to February 1, 
2003. Contact: (Barbara Madden)
Oregon
Department of Agriculture
Denial: On October 4, 2001, EPA denied the use of propoxycarbazone-
sodium on wheat to control jointed goatgrass. This request was denied 
because it was not demonstrated that wheat growers will suffer 
significant economic losses without its use. Contact: (Libby Pemberton)
Specific: EPA authorized the use of flufenacet on wheat and triticale 
to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: 
(Barbara Madden)
    EPA authorized the use of clopyralid on cranberries to control 
lotus, Douglas aster, and clover; January 1, 2002 to December 31, 2002. 
Contact: (Libby Pemberton)
    EPA authorized the use of pendimethalin on mint to control kochia 
and redroot pigweed; January 1, 2002 to December 31, 2002. Contact: 
(Libby Pemberton)
South Carolina
Clemson University
Crisis: On November 16, 2001, for the use of flufenacet on wheat to 
control annual ryegrass. This program ended

[[Page 6709]]

December 31, 2001. Contact: (Barbara Madden)
Specific: EPA authorized the use of flufenacet on wheat to control 
annual ryegrass; November 29, 2001 to December 31, 2001. Contact: 
(Barbara Madden)
Texas
Department of Agriculture
Crisis: On March 21, 2001, for the use of bifenthrin on citrus to 
control weevils. This program is expected to end on November 14, 2002. 
Contact: (Andrea Conrath)
Specific: EPA authorized the use of bifenthrin on citrus to control 
weevils; November 14, 2001 to November 14, 2002. Contact: (Andrea 
Conrath)
    EPA authorized the use of azoxystrobin on cabbage to control leaf 
spot caused by Cercospora brassicicola and Alternaria bassicae; 
November 29, 2001 to March 18, 2003. Contact: (Libby Pemberton)
    EPA authorized the use of propiconazole in sorghum to control 
sorghum ergot; December 14, 2001 to December 13, 2002. Contact: (Dan 
Rosenblatt)
    EPA authorized the use of imazapic-ammonium on bermudagrass hay 
meadows and pastures to control grassy weeds; February 1, 2002 to 
October 31, 2002. Contact: (Libby Pemberton)
    EPA authorized the use of coumaphos in beehives to control varroa 
mites and small hive beetles; February 2, 2002 to February 1, 2003. 
Contact: (Barbara Madden)
    EPA authorized the use of bifenazate on greenhouse grown tomatoes 
to control spider mites; June 13, 2002 to June 12, 2003. Contact: 
(Barbara Madden)
Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of flufenacet on wheat to control 
annual ryegrass; October 1, 2001 to December 31, 2001. Contact: 
(Barbara Madden)
Washington
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat and triticale 
to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: 
(Barbara Madden)
    EPA authorized the use of clopyralid on cranberries to control 
lotus, Douglas aster, and clover; January 1, 2002 to December 31, 2002. 
Contact: (Libby Pemberton)
    EPA authorized the use of pendimethalin on mint to control kochia 
and redroot pigweed; January 1, 2002 to December 31, 2002. Contact: 
(Libby Pemberton)

B. Federal Departments and Agencies

Environmental Protection Agency
Office of Solid Waste and Emergency Response
Crisis: On November 9, 2001, for the use of chlorine dioxide liquid on 
structures or other property identified as contaminated or potentially 
contaminated by Bacillus anthracis to control anthrax. This program is 
expected to end on November 9, 2002. Contact: (Barbara Madden)
    On November 16, 2001, for the use of hydrogen peroxide and 
dimethylbenzyl ammonium chlorides on structures or other property 
identified as contaminated or potentially contaminated by Bacillus 
anthracis to control anthrax. This program is expected to end on 
November 16, 2002. Contact: (Barbara Madden)
    On November 30, 2001, for the use of chlorine dioxide gas in the 
Hart Senate Office Building to control anthrax (Bacillus anthracis). 
This program ended on February 1, 2002. Contact: (Barbara Madden)
    On December 7, 2001, for the use of ethylene oxide to fumigate 
items retrieved from Congressional Offices that were contaminated or 
potentially contaminated by Bacillus anthracis. This program is 
expected to end by December 6, 2002. Contact: (Barbara Madden)
    On December 17, 2001, for the use of ethylene oxide to fumigate 
mail received by the Department of Justice that may have been 
contaminated or potentially contaminated by Bacillus anthracis. This 
program ended on January 1, 2002. Contact: (Barbara Madden)

List of Subjects

    Environmental protection, Pesticides and pest.


    Dated: January 30, 2002.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02-3099 Filed 2-12-02; 8:45 am]
BILLING CODE 6560-50-S