[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Pages 76729-76732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27771]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0350; FRL-7684-8]


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, 2004 to September 30, 2004 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: Branch Chief, 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

[[Page 76730]]

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 number OPP-2004-0350. 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, 1801 S. Bell St., 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 July 6, 2004, for the use of sodium chlorate on wheat as a 
harvest aid. This program ended on July 10, 2004. Contact: (Libby 
Pemberton)
On September 3, 2004, for the use of acephate on soybeans to control 
stink bugs. This program ended on September 18, 2004. Contact: (Libby 
Pemberton)
Quarantine: EPA authorized the use of propiconazole on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)

California

Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of myclobutanil on peppers to control 
powdery mildew; August 5, 2004 to October 15, 2004. Contact: (Stacey 
Groce)

Colorado

Department of Agriculture
Specific: EPA authorized the use of acibenzolar-S-methyl on onions to 
control iris yellow spot virus; July 27, 2004 to September 1, 2004. 
Contact: (Libby Pemberton)

Florida

Department of Agriculture and Consumer Services
Crisis: On July 21, 2004, for the use of thiophanate-methyl on cotton 
to control fusarium. This program ended on August 5, 2004. Contact: 
(Stacey Groce)
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)

Idaho

Department of Agriculture
Specific: EPA authorized the use of diflubenzuron on alfalfa to control 
Mormon crickets and grasshoppers; September 7, 2004 to October 31, 
2004. Contact: (Libby Pemberton)

Kansas

Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control

[[Page 76731]]

soybean rust; effective from the time when soybean rust is introduced 
to the U.S., to March 1, 2007. Contact: (Andrew Ertman)

Kentucky

Department of Agriculture
Crisis: On June 25, 2004, to allow reduced plant back interval to 
soybeans in flooded corn fields previously treated with mesotrione or 
atrazine. This program ended on July 9, 2004. Contact: (Libby 
Pemberton)
On July 27, 2004, for the use of azoxystrobin on tobacco to control 
blue mold. This program ended on October 15, 2004. Contact: (Libby 
Pemberton)

Louisiana

Department of Agriculture and Forestry
Crisis: On September 3, 2004, for the use of acephate on soybeans to 
control stink bugs. This program ended on September 18, 2004. Contact: 
(Libby Pemberton)
Specific: EPA authorized the use of methoxyfenozide on soybeans to 
control soybean loopers and saltmarsh catepillar; July 14, 2004 to 
September 30, 2004. Contact: (Stacey Groce)

Massachusetts

Department of Food and Agriculture
Specific: EPA authorized the use of thiamethoxam on cranberries to 
control cranberry weevil; August 12, 2004 to October 1, 2004. Contact: 
(Stacey Groce)

Minnesota

Department of Agriculture
Quarantine: EPA authorized the use of tebuconazole on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)

Mississippi

Department of Agriculture and Commerce
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)

Missouri

Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)

Montana

Department of Agriculture
Specific: EPA authorized the use of diflubenzuron on alfalfa to control 
Mormon crickets and grasshoppers; September 7, 2004 to October 31, 
2004. Contact: (Libby Pemberton)

New York

Department of Environmental Conservation
Crisis: On July 21, 2004, for the use of quinoxyfen on cucurbits to 
control powdery mildew. This program ended on September 30, 2004. 
Contact: (Stacey Groce)
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)

North Carolina

Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Specific: EPA authorized the use of tebufenozide on sweet potatoes to 
control armyworms; July 23, 2004 to December 31, 2004. Contact: (Andrew 
Ertman)
EPA authorized the use of bifenthrin on sweet potatoes to control 
beetle complex; August 12, 2004 to September 30, 2004. Contact: (Libby 
Pemberton)

North Dakota

Department of Agriculture
Specific: EPA authorized the use of zeta-cypermethrin on flax to 
control grasshoppers; July 28, 2004 to September 30, 2004. Contact: 
(Libby Pemberton)

Ohio

Department of Agriculture
Quarantine: EPA authorized the use of propiconazole on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
Specific: EPA authorized the use of dimethenamid-p on green onions to 
control common purslane and prostrate pigweed; August 31, 2004 to 
November 15, 2004. Contact: (Stacey Groce)

Oklahoma

Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)

Oregon

Department of Agriculture
Specific: EPA authorized the use of bifenazate on potatoes to control 
spider mites; August 1, 2004 to September 15, 2004. Contact: (Andrew 
Ertman)

Pennsylvania

Department of Agriculture
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)

South Carolina

Clemson University
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of tebuconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)

South Dakota


[[Page 76732]]


Department of Agriculture
Quarantine: EPA authorized the use of tebuconazole on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)

Texas

Department of Agriculture
Crisis: On June 25, 2004, for the use of hexythiazox on corn to control 
the Banks grass mite and the two-spotted spider mite. This program 
ended on August 31, 2004. Contact: (Andrew Ertman)
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; effective from the time when soybean rust is 
introduced to the U.S., to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; effective from the time when soybean rust is introduced to the 
U.S., to March 1, 2007. Contact: (Andrew Ertman)
Specific: EPA authorized the use of hexythiazox on corn to control the 
Banks grass mite and the two-spotted spider mite; June 25, 2004 to 
August 31, 2004. Contact: (Andrew Ertman)

Washington

Department of Agriculture
Specific: EPA authorized the use of bifenazate on potatoes to control 
spider mites; August 1, 2004 to September 15, 2004. Contact: (Andrew 
Ertman)

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of paraformaldehyde to decontaminate 
high security animal laboratories, biological safety cabinets, 
equipment, and holding rooms at the following USDA facilities: (1) 
National Animal Disease Center (NADC), Ames, Iowa; (2) National 
Veterinary Services Laboratories (NVSL): Diagnostic Virology and 
Diagnostic Bacteriology Laboratories, Ames, Iowa; (3) Center for 
Biologics Laboratories (CVBL), Ames, Iowa; (4) NVSL Foreign Animal 
Disease Diagnostic Laboratory (FADDL), Plum Island, New York; (5) the 
Plum Island Animal Disease Center (PIADC), Plum Island, N.Y., and (6) 
the National Wildlife Research Center (NWRC) in Fort Collins, Colorado; 
July 30, 2004, to July 30, 2007. Contact: (Libby Pemberton)

Defense Department

Quarantine: EPA authorized the use of paraformaldehyde on biological 
safety cabinets, glove boxes, ductwork and unique items to prevent the 
release of infectious microorganisms from containment areas at ECBC 
facilities at Aberdeen Proving Ground, MD; July 30, 2004, to July 30, 
2007. Contact: (Libby Pemberton)

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: December 9, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 04-27771 Filed 12-21-04; 8:45 am]
BILLING CODE 6560-50-S