[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Notices]
[Pages 8597-8599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4252]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0033; FRL-7290-7]


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, 2002 to December 31, 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-2003-0033. 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 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.

[[Page 8598]]

    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 coumaphos in beehives to 
control varroa mites and small hive beetles; February 2, 2003 to 
February 1, 2004. Contact: (Barbara Madden)
    California
    Environmental Protection Agency, Department of Pesticide Regulation
    Crisis: On November 5, 2002, for the use of pyriproxyfen on 
strawberry to control whiteflies. This program is expected to end on 
October 2, 2003. Contact: (Andrea Conrath)
    Quarantine: EPA authorized the use of spinosad on minor crop host 
sites to control non-indigenous and quarantined fruit flies; December 
5, 2002 to December 5, 2005. Contact: (Dan Rosenblatt)
    Specific: EPA authorized the use of avermectin on spinach to 
control leafminers; November 1, 2002 to October 31, 2003. Contact: 
(Barbara Madden)
    EPA authorized the use of a baited trap containing lambda-
cyhalothrin (toxicant), ammonium bicarbonate (food lure), and 
spiroketalamine (pheromone) on olive trees to control the olive fruit 
fly; November 14, 2002 to August 31, 2003. Contact: (Dan Rosenblatt)
    EPA authorized the use of pyriproxyfen on strawberry to control 
whiteflies; November 15, 2002 to November 15, 2003. Contact: (Andrea 
Conrath)
    EPA authorized the use of imidacloprid on strawberries to control 
whiteflies; December 24, 2002 to December 23, 2003. Contact: (Andrew 
Ertman)
    EPA authorized the use of avermectin on avocado to control thrips; 
February 1, 2003 to December 1, 2003. Contact: (Barbara Madden)
    EPA authorized the use of tebufenozide on wine grapes to control 
grape leaffolder and Omnivorous leafroller; April 1, 2003 to September 
1, 2003. Contact: (Barbara Madden)
    Delaware
    Department of Agriculture
Specific: EPA authorized the use of s-metolachlor on spinach to control 
weeds; October 25, 2002 to September 1, 2003. Contact: (Andrew Ertman)
    EPA authorized the use of thiophanate methyl on mushroom spawn to 
control green mold; December 5, 2002 to December 5, 2003. Contact: 
(Andrea Conrath)
    Florida
    Department of Agriculture and Consumer Services
    Quarantine: EPA authorized the use of naled on telephone poles and 
inanimate objects to control the Oriental fruit fly and related 
quarantined fruit fly species that respond to methyl eugenol bait; 
November 13, 2002 to November 13, 2005. Contact: (Dan Rosenblatt)
    Specific: EPA authorized the use of coumaphos in beehives to 
control varroa mites and small hive beetles; January 19, 2003 to 
January 18, 2004. Contact: (Barbara Madden)
    EPA authorized the use of thiophanate methyl on citrus to control 
post-bloom fruit drop disease; February 22, 2003 to February 22, 2004. 
Contact: (Andrea Conrath)
    Georgia
    Department of Agriculture
    Specific: EPA authorized the use of flufenacet on wheat to control 
ryegrass; October 10, 2002 to December 31, 2002. Contact: (Barbara 
Madden)
    EPA authorized the use of coumaphos in beehives to control varroa 
mites and small hive beetles; January 19, 2003 to January 18, 2004. 
Contact: (Barbara Madden)
    Idaho
    Department of Agriculture
    Specific: EPA authorized the use of flufenacet on wheat and 
triticale to control ryegrass; October 10, 2002 to June 30, 2003. 
Contact: (Barbara Madden)
    EPA authorized the use of difenoconazole on sweet corn grown for 
seed to control fungal pathogens involved in die-back syndrom; November 
20, 2002 to November 20, 2003. Contact: (Andrea Conrath)
    EPA authorized the use of coumaphos in beehives to control varroa 
mites and small hive beetles; February 2, 2003 to February 1, 2004. 
Contact: (Barbara Madden)
    Maryland
    Department of Agriculture
    Specific: EPA authorized the use of thiophanate methyl on mushroom 
spawn to control green mold; December 5, 2002 to December 5, 2003. 
Contact: (Andrea Conrath)
    EPA authorized the use of coumaphos in beehives to control varroa 
mites and small hive beetles; February 2, 2003 to February 1, 2004. 
Contact: (Barbara Madden)
    Michigan
    Michigan Department of Agriculture
    Specific: EPA authorized the use of sulfentrazone on strawberries 
to control broadleaf weeds; October 21, 2002 to December 15, 2002. 
Contact: (Andrew Ertman)
    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; December 13, 2003 to December 12, 2004. 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 1, 2002 to April 15, 
2003. Contact: (Barbara Madden)
    Nebraska
    Department of Agriculture
    Specific: EPA authorized the use of chlorine dioxide on stored 
potatoes to control late blight; October 6, 2002 to May 31, 2003. 
Contact: (Andrew Ertman)
    New Mexico
    Department of Agriculture
    Specific: EPA authorized the use of propiconazole on grain sorghum 
and sorghum planted for seed production to control sorghum ergot 
(Claviceps africana); November 7, 2002 to September 30, 2003. Contact: 
(Libby Pemberton)
    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, 2003 to 
February 1, 2004. Contact: (Barbara Madden)
    North Carolina
    Department of Agriculture
    Specific: EPA authorized the use of flufenacet on wheat to control 
ryegrass; October 10, 2002 to December 31, 2002. Contact: (Barbara 
Madden)
    North Dakota
    Department of Agriculture
    Specific: EPA authorized the use of chlorine dioxide on stored 
potatoes to control late blight; October 21, 2002 to August 31, 2003. 
Contact: (Andrew Ertman)

[[Page 8599]]

    Oregon
    Department of Agriculture
    Specific: EPA authorized the use of flufenacet on wheat and 
triticale to control ryegrass; October 10, 2002 to June 30, 2003. 
Contact: (Barbara Madden)
    Pennsylvania
    Department of Agriculture
    Specific: EPA authorized the use of thiophanate methyl on mushroom 
spawn to control green mold; December 5, 2002 to December 5, 2003. 
Contact: (Andrea Conrath)
    South Carolina
    Clemson University
    Specific: EPA authorized the use of flufenacet on wheat to control 
annual ryegrass; November 20, 2002 to December 31, 2002. Contact: 
(Barbara Madden)
    Texas
    Department of Agriculture
    Crisis: On October 10, 2002, for the use of azoxystrobin on 
broccoli, cabbage, cauliflower, and kohlrabi to control Alternaria 
Leafspot and Cercospera Leafspot. This program is expected to end on 
October 10, 2003. Contact: (Libby Pemberton)
    Specific: EPA authorized the use of bifenthrin on citrus to control 
weevils; November 22, 2002 to November 22, 2003. Contact: (Andrea 
Conrath)
    EPA authorized the use of azoxystrobin on broccoli, cabbage, 
cauliflower, and kohlrabi to control Alternaria Leafspot and Cercospera 
Leafspot; December 12, 2002 to October 10, 2003. Contact: (Libby 
Pemberton)
    EPA authorized the use of propiconazole on grain sorghum to control 
sorghum ergot (Claviceps africana); December 14, 2002 to December 14, 
2003. Contact: (Libby Pemberton)
    Virginia
    Department of Agriculture and Consumer Services
    Specific: EPA authorized the use of bifenazate on greenhouse grown 
tomatoes to control spider mites; October 4, 2002 to October 3, 2003. 
Contact: (Barbara Madden)
    EPA authorized the use of flufenacet on wheat to control ryegrass; 
October 10, 2002 to December 31, 2002. Contact: (Barbara Madden)
    Washington
    Department of Agriculture
    Specific: EPA authorized the use of flufenacet on wheat and 
triticale to control ryegrass; October 10, 2002 to June 30, 2003. 
Contact: (Barbara Madden)
    EPA authorized the use of coumaphos in beehives to control varroa 
mites and small hive beetles; February 2, 2003 to February 1, 2004. 
Contact: (Barbara Madden)

B. Federal Departments and Agencies

    Agriculture Department
    Animal and Plant Health Inspector Service
    Quarantine: EPA authorized the use of diazinon around the drip line 
of infested trees in Florida to control quarantined fruit fly species, 
such as the Mediterranean fruit fly; October 21, 2002 to October 21, 
2005. Contact: (Dan Rosenblatt)
    Environmental Protection Agency
    Crisis: On October 3, 2002, for the use of ethylene oxide to 
decontaminate interior spaces and personal and office items from the 
National Broadcasting Company on which Bacillus anthracis may be 
present at low bioburden levels. This program ended on/is expected to 
end on October 18, 2002. Contact: (Barbara Madden)
    On October 3, 2002, for the use of hydrogen peroxide to 
decontaminate interior spaces and personal and office items from the 
National Broadcasting Company on which Bacillus anthracis may be 
present at low bioburden levels. This program ended on/is expected to 
end on October 18, 2002. Contact: (Barbara Madden)
    On October 3, 2002, for the use of hydrogen peroxide and 
peroxyacetic acid to decontaminate interior spaces and personal and 
office items from the National Broadcasting Company on which Bacillus 
anthracis may be present at low bioburden levels. This program ended 
on/is expected to end on October 18, 2002. Contact: (Barbara Madden)
    On October 3, 2002, for the use of sodium hypochlorite to 
decontaminate interior spaces and personal and office items from the 
National Broadcasting Company on which Bacillus anthracis may be 
present at low bioburden levels. This program ended on/is expected to 
end on October 18, 2002. Contact: (Barbara Madden)
    On October 16, 2002, for the use of ethylene oxide to fumigate 
items retrieved from the U.S. Department of Justice that were 
contaminated or potentially contaminated by Bacillus anthracis. This 
program ended on/is expected to end on November 1, 2002. Contact: 
(Barbara Madden)
    On December 9, 2002, for the use of sodium chlorite to fumigate the 
Joseph Curseen, Jr. and Thomas Morris, Jr. Processing and Distribution 
Center in Washington, D.C. that was contaminated by Bacillus anthracis. 
This program ended on/is expected to end on December 24, 2002. Contact: 
(Barbara Madden)

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: February 10, 2003.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 03-4252 Filed 2-21-03; 8:45 am]
BILLING CODE 6560-50-S