[Federal Register Volume 72, Number 228 (Wednesday, November 28, 2007)]
[Notices]
[Pages 67302-67303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23092]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0671; FRL-8153-9]


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, 2007 to September 30, 2007 to control 
unforeseen 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 (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9366.

SUPPLEMENTARY INFORMATION:

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 code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions discussed above. 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 a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2007-0671. Publicly 
available docket materials are available either electronically at 
http://www.regulations.gov, or, if only available in hard copy, at the 
OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of 
this Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket Facility 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.

II. Background

    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.
    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

Arkansas State Plant Board

Crisis: On September 24, 2007, for the use of profenofos on rice grown 
in greenhouses for research only (non-food) to control rice panicle 
mite (Steneotarsonemus Spinki Smiley). This program ended on October 9, 
2007. Contact: Libby Pemberton.

California

Environmental Protection Agency, Department of Pesticide Regulation

Specific Exemption: EPA authorized the use of myclobutanil on 
artichokes to control powdery mildew; August 18, 2007 to May 31, 2008. 
Contact: Stacey Groce.

Public Health Exemption: EPA authorized the use of d-Phenothrin and

[[Page 67303]]

piperonyl butoxide in the air column over agricultural lands to control 
mosquito vectors of Eastern Equine Encephalitis virus and West Nile 
Virus at risk for mosquito-borne disease transmission; August 3, 2007 
to November 1, 2007. Contact: Princess Campbell.

Connecticut

Department of Environmental Conservation

Crisis: On September 19, 2007, for the use of sodium hypochlorite in 
contaminated buildings to control anthrax. This program ended on 
October 3, 2007. Contact: Princess Campbell.

Florida

Department of Agriculture and Consumer Services

Specific Exemption:EPA authorized the use of thiophanate-methyl on 
cotton to control fusarium hardlock; July 21, 2007 to July 21, 2008. 
Contact: Stacey Groce.

Georgia

Department of Agriculture

Quarantine: EPA authorized the use of metconazole on soybeans to 
control Australasian soybean rust (Phakopsora pachyrhizi); July 10, 
2007, to April 19, 2007. Contact: Stacey Groce.

EPA authorized the use of flusilazole on soybeans to control 
Australasian soybean rust (Phakopsora pachyrhizi); July 6, 2007, to 
June 15, 2010. Contact: Andrea Conrath.

EPA authorized the use of cyproconazole on soybeans to control 
Australasian soybean rust (Phakopsora pachyrhizi); July 11, 2007, to 
March 31, 2009. Contact: Stacey Groce.

Illinois

Department of Agriculture

Specific Exemption:EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; July 3, 2007 to February 28, 2008. Contact: 
Stacey Groce.

Louisiana

Department of Agriculture and Forestry

Specific Exemption:EPA authorized the use of sulfosulfuron on 
bermudagrass and bahiagrass pastures and hayfields to control 
Johnsongrass (Sorghum halepense); July 30, 2007 to September 15, 2007. 
Contact: Libby Pemberton.

Massachusetts

Department of Agricultural Resources

Public Health Exemption: EPA authorized the use of d-Phenothrin and 
piperonyl butoxide in the air column over agricultural lands to control 
mosquito vectors of Eastern Equine Encephalitis virus and West Nile 
Virus and risk for mosquito-borne disease transmission; August 3, 2007 
to November 1, 2007. Contact: Princess Campbell.

Minnesota

Department of Agriculture

Specific Exemption:EPA authorized the use of azoxystrobin on wild rice 
to control stem rot (Nakataea sigmoidea/Sclerotium oryzae); July 2, 
2007 to August 31, 2007. Contact: Libby Pemberton.

Nebraska

Department of Agriculture

Specific Exemption:EPA authorized the use of tebuconazole on field corn 
seed to control head smut; September 12, 2007 to May 30, 2008. Contact: 
Andrew Ertman.

New Mexico

Department of Agriculture

Crisis: On July 5, 2007, for the use of azoxystrobin on cotton to 
control southwestern cotton rust. This program ended on July 17, 2007. 
Contact: Libby Pemberton.

Rhode Island

Division of Agricultural Resources

Public Health Exemption: EPA authorized the use of d-Phenothrin and 
piperonyl butoxide in the air column over agricultural lands to control 
mosquito vectors of Eastern Equine Encephalitis Virus and West Nile 
Virus and risk for mosquito-borne disease transmission; August 3, 2007 
to November 1, 2007. Contact: Princess Campbell.

South Carolina

Clemson University

Quarantine: EPA authorized the use of metconazole on soybeans to 
control Australasian soybean rust (Phakopsora pachyrhizi); July 10, 
2007, to April 19, 2007. Contact: Stacey Groce.

EPA authorized the use of flusilazole on soybeans to control 
Australasian soybean rust (Phakopsora pachyrhizi); July 6, 2007, to 
June 15, 2010. Contact: Andrea Conrath.

EPA authorized the use of cyproconazole on soybeans to control 
Australasian soybean rust (Phakopsora pachyrhizi); July 11, 2007, to 
March 31, 2009. Contact: Stacey Groce.

Tennessee

Department of Agriculture

Specific Exemption:EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; July 19, 2007 to February 28, 2008. Contact: 
Stacey Groce.

Texas

Department of Agriculture

Crisis: On July 2, 2007, for the use of azoxystrobin on cotton to 
control southwestern cotton rust. This program ended on July 17, 2007. 
Contact: Libby Pemberton.

Crisis: On July 24, 2007, for the use of profenofos on rice grown for 
research only to control rice panicle mite (Steneotarsonemus Spinki 
Smiley). This program ended on August 7, 2007. Contact: Libby 
Pemberton.

USDA/APHIS

Quarantine: EPA authorized the use of E-11-tetradecen-1-yl acetate and 
z-11-tetradecen-1-yl acetate on all agricultural crops, all orchards, 
all nurseries, all parks and forests, all residential and municipal 
areas, all recreational and non-crop areas to control the light brown 
apple moth; July 24, 2007, to July 24, 2010. Contact: Andrew Ertman.

Quarantine: EPA authorized the use of E-11-tetradecen-1-yl acetate on 
all agricultural crops, all orchards, all nurseries, all parks and 
forests, all residential and municipal areas, all recreational and non-
crop areas to control the light brown apple moth in California; July 
24, 2007, to June 12, 2010. Contact: Andrew Ertman.

West Virginia

Department of Agriculture

Quarantine: EPA authorized the use of metconazole on soybeans to 
control Australasian soybean rust (Phakopsora pachyrhizi); August 15, 
2007, to April 19, 2007. Contact: Stacey Groce.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: November 14, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-23092 Filed 11-27-07; 8:45 am]
BILLING CODE 6560-50-S