[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Pages 70946-70949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30123]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0313; FRL-7280-9]


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 July 1, 2002 until September 30, 2002 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 a federal 
or state government agency involved in administration of environmental 
quality programs (i.e., Departments of Agriculture, Environment, etc). 
Potentially affected entities may include, but are not limited to:
    [sbull] Federal or State Government Entity, (NAICS 9241), i.e., 
Departments of Agriculture, Environment, etc.
    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-2002-0313. 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

[[Page 70947]]

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

Arizona
Department of Agriculture
Specific: EPA authorized the use of metolachlor on spinach to control 
broadleaf weeds; September 6, 2002 to May 15, 2003. Contact: (Andrew 
Ertman)
Arkansas
State Plant Board
Specific: EPA authorized the use of emamectin benzoate on cotton to 
control beet armyworms and tobacco budworms; July 12, 2002 to September 
30, 2002. Contact: (Andrea Conrath)
EPA authorized the use of spinosad on pastureland and rangeland to 
control fall armyworms and true armyworms; July 15, 2002 to December 
31, 2002. Contact: (Andrew Ertman)
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of fenhexamid on Bosc and Asian pears 
to control gray mold; July 16, 2002 to October 1, 2002. Contact: 
(Barbara Madden)
EPA authorized the use of imidacloprid on commercial stone fruit, 
almonds, and blueberries to control the glassy-winged sharpshooter; 
June 22, 2002 to June 22, 2003. Contact: (Andrew Ertman)
EPA authorized the use of carbofuran on cotton to control aphids; 
August 2, 2002 to October 30, 2002. Contact: (Dan Rosenblatt)
EPA authorized the use of zinc phosphide on alfalfa to control 
California and montane voles; September 9, 2002 to May 31, 2003. 
Contact: (Libby Pemberton)
Colorado
Department of Agriculture
Crisis: On June 4, 2002, for the use of sulfentrazone on potatoes to 
control broadleaf weeds. This program ended on July 1, 2002. Contact: 
(Andrew Ertman)
On June 20, 2002, for the use of metsulfuron-methyl on sorghum to 
control triazine-resistant broadleaf weeds. This program ended on 
August 25, 2002. Contact: (Andrew Ertman)
On June 6, 2002, for the use of permethrin on turnip greens to control 
flea beetles. This program ended on October 15, 2002. Contact: (Andrea 
Conrath)
Georgia
Department of Agriculture
Denial: On July 18, 2002, EPA denied the use of tebuconazole on 
cucurbits to control gummy stem blight disease. This request was denied 
because of the Agency's inability at this time 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 diuron on catfish ponds to control 
blue-green algae; September 10, 2002 to September 10, 2003. Contact: 
(Libby Pemberton)
Idaho
Department of Agriculture
Crisis: On June 21, 2002, for the use of azoxystrobin on chickpeas to 
control Ascochyta blight. This program ended on September 30, 2002. 
Contact: (Libby Pemberton)
Specific: EPA authorized the use of azoxystrobin on chickpeas to 
control Ascochyta blight; July 1, 2002 to September 30, 2002. Contact: 
(Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
EPA authorized the use of chlorine dioxide on stored potatoes to 
control late blight; August 31, 2002 to August 31, 2003. Contact: 
(Andrew Ertman)
Kansas
Department of Agriculture
Crisis: On July 8, 2002, for the use of fluroxypur on grain sorghum to 
control kochia. This program ended on July 23, 2002. Contact: (Libby 
Pemberton)
Specific: EPA authorized the use of bifenthrin on sorghum grown for 
seed to control banks grass mite; August 16, 2002 to September 30, 
2002. Contact: (Andrea Conrath)
Louisiana
Department of Agriculture and Forestry
Crisis: On May 3, 2002, for the use of bifenthrin on sweet potatoes to 
control soil beetles and sweet potato weevils. This program is expected 
to end on November 30, 2002. Contact: (Andrea Conrath)
On May 6, 2002, for the use of sulfentrazone on sugarcane to control 
morning glories. This program is expected to end on December 31, 2002. 
Contact: (Andrew Ertman)
On May 31, 2002, for the use of methoxyfenozide on field corn to 
control Southwestern corn borer and Sugarcane borer. This program ended 
on August 15, 2002. Contact: (Barbara Madden)
Denial: On July 18, 2002, EPA denied the use of flumioxazin on cotton 
to control weeds. This request was denied because it did not meet the 
criteria of an urgent, non-routine situation based on

[[Page 70948]]

the availability of registered alternatives. Contact: (Libby 
Pemberton).
Specific: EPA authorized the use of sulfentrazone on sugarcane to 
control morning glories; May 6, 2002 to December 31, 2002. Contact: 
(Andrew Ertman)
EPA authorized the use of carbofuran on rice to control rice weeil; 
June 19, 2002 to July 31, 2002. This request was originally granted due 
to reported failures of the registered alternative in controlling rice 
weevils. However, on July 24, 2002 this specific emergency exemption 
was revoked after additional information submitted to the Agency 
indicated the registered alternative had not failed. Additionally, EPA 
received compelling feedback from the public in response to the 
solicitation of comments about this program from the public in a June 
27, 2002, Federal Register notice. The public, governmental 
organizations, and non- governmental organizations, overwhelmingly 
expressed their opposition to any ongoing use of granular carbofuran 
under this section 18. Contact: (Daniel Rosenblatt).
EPA authorized the use of methoxyfenozide on field corn to control 
Southwestern corn borer and Sugarcane borer; July 5, 2002 to August 15, 
2002. Contact: (Barbara Madden)
EPA authorized the use of lambda-cyhalothrin on sugarcane to control 
sugarcane borers; July 12, 2002 to September 15, 2002. Contact: (Andrew 
Ertman)
EPA authorized the use of bifenthrin on sweet potatoes to control soil 
beetles and sweet potato weevils; July 19, 2002 to November 30, 2002. 
Contact: (Andrea Conrath)
EPA authorized the use of tebufenozide on sweet potatoes to control 
beet armyworms; July 25, 2002 to October 31, 2002. Contact: (Andrew 
Ertman)
Maryland
Department of Agriculture
Crisis: On August 6, 2002, for the use of diquat on private ponds to 
control weeds associated with the invasive snakehead fish. This program 
ended on October 31, 2002. Contact: (Andrea Conrath)
Specific: EPA authorized the use of metolachlor on spinach to control 
broadleaf weeds; September 6, 2002 to April 30, 2003. Contact: (Andrew 
Ertman)
Massachusetts
Massachusetts Department of Food and Agriculture
Crisis: On June 7, 2002, for the use of indoxacarb on cranberry to 
control weevils. This program ended on October 1, 2002. Contact: 
(Andrea Conrath)
Specific: EPA authorized the use of imidacloprid on blueberries to 
control oriental beetles; June 24, 2002 to August 15, 2002. Contact: 
(Andrew Ertman)
EPA authorized the use of imidacloprid on strawberries to control white 
grubs; July 1, 2002 to August 7, 2002. Contact: (Andrew Ertman)
Michigan
Michigan Department of Agriculture
Specific: EPA authorized the use of imidacloprid on blueberries to 
control Japanese beetle grubs and adults; June 11, 2002 to September 
30, 2002. Contact: (Andrew Ertman)
Minnesota
Department of Agriculture
Specific: EPA authorized the use of lambda-cyhalothrin on wild rice to 
control rice worms; July 25, 2002 to September 10, 2002. Contact: 
(Andrew Ertman)
EPA authorized the use of chlorine dioxide on stored potatoes to 
control late blight; August 31, 2002 to August 31, 2003. Contact: 
(Andrew Ertman)
Mississippi
Department of Agriculture and Commerce
Denial: On July 18, 2002 EPA denied the use of flumioxazin on cotton to 
control weeds. This request was denied because it did not meet the 
criteria of an urgent, non-routine situation based on the availability 
of registered alternatives. Contact: (Libby Pemberton).
Specific: EPA authorized the use of emamectin benzoate on cotton to 
control beet armyworms and tobacco budworms; July 12, 2002 to September 
30, 2002. Contact: (Andrea Conrath)
EPA authorized the use of bifenthrin on sweet potatoes to control soil 
beetles; July 19, 2002 to September 30, 2002. Contact: (Andrea Conrath)
EPA authorized the use of tebufenozide on sweet potatoes to control 
beet armyworms; August 29, 2002 to October 15, 2002. Contact: (Andrew 
Ertman)
Montana
Department of Agriculture
Crisis: On June 26, 2002, for the use of azoxystrobin on chickpeas to 
control Ascochyta blight. This program ended on August 15, 2002. 
Contact: (Libby Pemberton)
On July 8, 2002, for the use of azoxystrobin on safflower to control 
Alternaria leaf spot. This program ended on August 15, 2002. Contact: 
(Libby Pemberton)
Specific: EPA authorized the use of lambda-cyhalothrin on barley to 
control the Russian wheat aphid and the cereal leaf beetle; June 24, 
2002 to July 30, 2002. Contact: (Andrew Ertman)
EPA authorize the use of azoxystrobin on chickpeas to control Ascochyta 
blight; July 1, 2002 to August 31, 2002. Contact: (Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
Nebraska
Department of Agriculture
Crisis: On May 21, 2002, for the use of sulfentrazone on potatoes to 
control broadleaf weeds. This program ended on July 1, 2002. Contact: 
(Andrew Ertman)
On July 19, 2002, for the use of azoxystrobin on chickpeas to control 
Ascochyta blight. This program ended on August 2, 2002. Contact: (Libby 
Pemberton)
Nevada
Department of Agriculture
Specific: EPA authorized the use of chlorine dioxide on stored potatoes 
to control late blight; September 10, 2002 to August 31, 2003. Contact: 
(Andrew Ertman)
New Jersey
Department of Environmental Protection
Crisis: On June 3, 2002, for the use of propyzamide on cranberries to 
control dodder. This program is expected to end on December 15, 2002. 
Contact: (Andrew Ertman)
Specific: EPA authorized the use of metolachlor on spinach to control 
broadleaf weeds; June 3, 2002 to May 1, 2003. Contact: (Andrew Ertman)
EPA authorized the use of halosulfuron-methyl on asparagus to control 
yellow nutsedge; July 5, 2002 to December 1, 2002. Contact: (Barbara 
Madden)
EPA authorized the use of propyzamide on cranberries to control dodder; 
July 18, 2002 to December 15, 2002. Contact: (Andrew Ertman)
North Carolina
Department of Agriculture
Crisis: On August 12, 2002, for the use of tebufenozide on sweet 
potatoes to control beet armyworms. This program is expected to end on 
November 15, 2002. Contact: (Andrew Ertman)
Specific: EPA authorized the use of diuron on catfish ponds to control 
blue-green algae; July 12, 2002 to November 30, 2002. Contact: (Libby 
Pemberton)
EPA authorized the use of tebufenozide on sweet potatoes to control 
beet armyworms; August 12, 2002 to November 15, 2003. Contact: (Andrew 
Ertman)
North Dakota
Department of Agriculture
Crisis: On July 10, 2002, for the use of azoxystrobin on safflower to 
control Alternaria leaf spot. This program

[[Page 70949]]

ended on August 15, 2002. Contact: (Libby Pemberton)
On July 30, 2002, for the use of zeta-cypermethrin on flax to control 
grasshoppers. This program ended on September 15, 2002. Contact: (Libby 
Pemberton)
Specific: EPA authorized the use of azoxystrobin on chickpeas to 
control Ascochyta blight; July 1, 2002 to August 31, 2002. Contact: 
(Libby Pemberton)
Oregon
Department of Agriculture
Specific: EPA authorized the use of fludioxonil on peaches to control 
brown rot, gray mold, and Rhizopus rot; July 2, 2002 to September 30, 
2002. Contact: (Andrew Ertman)
EPA authorized the use of fludioxonil on cherries to control brown rot, 
gray mold, and Rhizopus rot; July 2, 2002 to August 15, 2002. Contact: 
(Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
EPA authorized the use of ethoprop on baby mint to control garden 
symphylan; August 19, 2002 to September 15, 2002. Contact: (Dan 
Rosenblatt)
EPA authorized the use of chlorine dioxide on stored potatoes to 
control late blight; August 31, 2002 to August 31, 2003. Contact: 
(Andrew Ertman)
Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of sulfentrazone on strawberries to 
control common groundsel; June 26, 2002 to December 15, 2002. Contact: 
(Andrew Ertman)
South Dakota
Department of Agriculture
Specific: EPA authorized the use of azoxystrobin on chickpeas to 
control Ascochyta blight; July 1, 2002 to August 31, 2002. Contact: 
(Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on stored 
grains to control the lesser grain borer; July 24, 2002 to July 17, 
2003. Contact: (Andrew Ertman)
Tennessee
Department of Agriculture
Specific: EPA authorized the use of carbofuran on cotton to control 
aphids; August 2, 2002 to October 30, 2002. Contact: (Dan Rosenblatt)
Texas
Department of Agriculture
Specific: EPA authorized the use of fenbuconazole on grapefruit to 
control greasy spot disease; August 9, 2002 to August 9, 2003. Contact: 
(Andrea Conrath)
EPA authorized the use of bifenthrin on sorghum grown for seed to 
control banks grass mite; August 16, 2002 to August 16, 2003. Contact: 
(Andrea Conrath)
EPA authorized the use of chlorine dioxide on stored potatoes to 
control late blight; August 31, 2002 to August 31, 2003. Contact: 
(Andrew Ertman)
EPA authorized the use of diuron on catfish ponds to control blue-green 
algae; September 10, 2002 to September 10, 2003. Contact: (Libby 
Pemberton)
Utah
Department of Agriculture
Crisis: On May 14, 2002, for the use of diflubenzuron on alfalfa to 
control grasshoppers and crickets. This program ended on October 31, 
2002. Contact: (Andrea Conrath)
Specific: EPA authorized the use of diflubenzuron on alfalfa to control 
grasshoppers and crickets; September 13, 2002 to October 31, 2002. 
Contact: (Andrea Conrath)
Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of tebufenozide on grapes to control 
Grape berry moth; July 5, 2002 to October 1, 2002. Contact: (Barbara 
Madden)
Washington
Department of Agriculture
Crisis: On June 21, 2002, for the use of azoxystrobin on chickpeas to 
control Ascochyta blight. This program ended on September 30, 2002. 
Contact: (Libby Pemberton)
Specific: EPA authorized the use of azoxystrobin on chickpeas to 
control Ascochyta blight; July 1, 2002 to September 30, 2002. Contact: 
(Libby Pemberton)
EPA authorized the use of zinc phosphide on timothy and timothy legume 
mixtures to control vole complex; July 25, 2002 to May 1, 2003. 
Contact: (Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley 
to control the lesser grain borer; August 1, 2002 to July 31, 2003. 
Contact: (Andrew Ertman)
EPA authorized the use of chlorine dioxide on stored potatoes to 
control late blight; August 31, 2002 to August 31, 2003. Contact: 
(Andrew Ertman)
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific: EPA authorized the use of chlorine dioxide on stored potatoes 
to control late blight; August 31, 2002 to August 31, 2003. Contact: 
(Andrew Ertman)

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of acetominophen in Guam and the 
Commonwealth of Northern Mariana Islands to control the invasive brown 
tree snake; July 17, 2002, to July 17, 2005. Contact: (Andrea Conrath)
Defense Department
Quarantine: EPA authorized the use of paraformaldehyde on United States 
Army, Medical Research Institute of Infectious Diseases (USAMRIID) 
facility to control infectious microorganisms from containment areas; 
July 24, 2002, to July 24, 2005. Contact: (Libby Pemberton)

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: November 16, 2002.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.

 FR Doc. 02-30123 Filed 11-26-02; 8:45 am
BILLING CODE 6560-50-S