[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12687-12688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-551]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0051; FRL-7346-4]


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 2003, to December 2003, 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 an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111)
     Animal production (NAICS 112)
     Food manufacturing (NAICS 311)
     Pesticide manufacturing (NAICS 32532)
    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-2004-0051. 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.
    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

Arkansas
State Plant Board
Crisis: On August 29, 2003, for the use of spinosad on pastureland and

[[Page 12688]]

rangeland to control armyworms. This program ended on December 31, 
2003. Contact: (Andrew Ertman)
Specific: EPA authorized the use of spinosad on pastureland and 
rangeland to control armyworms; August 29, 2003 to December 31, 2003. 
Contact: (Andrew Ertman)
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of pyriproxyfen on strawberry to 
control whiteflies; December 12, 2003 to December 12, 2004. Contact: 
(Andrea Conrath)
Specific: EPA authorized the use of abamectin on spinach to control 
leafminer; December 23, 2003 to December 23, 2004. Contact: (Libby 
Pemberton)
Delaware
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl on mushroom to 
control green mold; December 16, 2003 to December 16, 2004. Contact: 
(Andrea Conrath)
Florida
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of thymol on beehives to control 
varroa mites; November 6, 2003 to November 8, 2004. Contact: (Stacey 
Milan Groce)
Georgia
Department of Agriculture
Specific: EPA authorized the use of thymol on beehives to control 
varroa mites; October 14, 2003 to December 31, 2003. Contact: (Stacey 
Milan Groce)
Specific: EPA authorized the use of flufenacet on wheat to control 
ryegrass; October 27, 2003 to December 31, 2003. Contact: (Andrew 
Ertman)
Maryland
Department of Agriculture
Specific: EPA authorized the use of thymol on beehives to control 
varroa mites; October 14, 2003 to December 31, 2003. Contact: (Stacey 
Milan Groce)
Specific: EPA authorized the use of thiophanate methyl on mushroom to 
control green mold; December 30, 2003 to December 30, 2004. Contact: 
(Andrea Conrath)
Mississippi
Department of Agriculture and Commerce
Specific: EPA authorized the use of niclosamide on catfish ponds to 
control ram's horn snail; December 31, 2003 to December 31, 2004. 
Contact: (Stacey Milan Groce)
Nebraska
Department of Agriculture
Specific: EPA authorized the use of tebuconazole on field corn seed to 
control head smut; December 22, 2003 to May 30, 2004. Contact: (Libby 
Pemberton)
New Jersey
Department of Environmental Protection
Denial: On October 3, 2003, EPA denied a specific exemption request for 
the use of propamocarb hydrochloride on tomatoes to control late 
blight. This request was denied because available alternatives are 
expected to be sufficient to avert emergency losses. Concurrently, a 
crisis exemption which was declared by New Jersey on August 21, 2003, 
for this use was revoked. Contact: (Libby Pemberton)
North Carolina
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat to control 
ryegrass; October 14, 2003 to December 31, 2003. Contact: (Andrew 
Ertman)
Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl on mushroom to 
control green mold; December 16, 2003 to December 16, 2004. Contact: 
(Andrea Conrath)
South Carolina
Clemson University
Specific: EPA authorized the use of flufenacet on wheat to control 
ryegrass; November 20, 2003 to January 31, 2004. Contact: (Andrew 
Ertman)
Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of flufenacet on wheat to control 
ryegrass; October 16, 2003 to March 31, 2004. Contact: (Andrew Ertman)
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Crisis: On March 28, 2003, for the use of imidacloprid on soybean seed 
to control bean leaf beetles. This program ended on April 30, 2003. 
Contact: (Andrew Ertman)

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: March 4, 2004.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E4-551 Filed 3-16-04; 8:45 am]
BILLING CODE 6560-50-S