[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Notices]
[Pages 11114-11116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3491]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1056; FRL-8350-5]


Pesticide Emergency Exemptions; Agency Decisions and State and 
Federal Agency Crisis Declarations

    Editorial Note: This notice did not appear in the issue of 
Wednesday, February 27, 2008. As a result, it is being printed in 
its entirety.
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, 2007 through December 31, 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:

[[Page 11115]]

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-2007-1056. 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

California

Environmental Protection Agency, Department of Pesticide Regulation
Specific Exemption: EPA authorized the use of thiabendazole as a seed 
treatment on Brussels sprout, cabbage, and cauliflower to control black 
leg disease (Phoma lingam); November 17, 2007 to November 17, 2008. 
Contact: (Stacey Groce).
EPA authorized the use of thiophanate-methyl on mushroom to control 
green mold; October 26, 2007 to October 26, 2008. Contact: (Andrea 
Conrath).
Crisis: On November 29, 2007, for the use of boscalid and 
pyraclostrobin on Belgian endive to control Sclerotinia. This program 
is expected to end on January 31, 2008. Contact: (Stacey Groce).

Colorado

Department of Agriculture
Specific Exemption: EPA authorized the use of clothianidin on beet, 
sugar beet, seed to control beet leafhopper (beet curly top virus); 
December 15, 2007 to September 30, 2008. Contact: (Stacey Groce).

Connecticut

Department of Environmental Protection
Crisis: On December 18, 2007, for the use of chlorine dioxide on a 
contaminated building to inactive Bacillus anthracis spores. This 
program has ended. Contact: (Princess Campbell).

Delaware

Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl on 
mushroom to control green mold; January 14, 2008 to January 14, 2009. 
Contact: (Andrea Conrath).

Florida

Department of Agriculture and Consumer Services
Specific Exemption: EPA authorized the use of fludioxonil on carambola 
to control Dothiorella fruit rot; November 30, 2007 to November 30, 
2008. Contact: (Andrea Conrath).

Indiana

Office of Indiana State Chemist
Specific Exemption: EPA authorized the use of tebuconazole on corn, 
field, seed to control head smut; November 1, 2007 to May 31, 2008. 
Contact: (Andrew Ertman).

Maryland

Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl on 
mushroom to control green mold; Effective January 14, 2008 to January 
14, 2009. Contact: (Andrea Conrath).

Minnesota

Department of Agriculture
Specific Exemption: EPA authorized the use of anthraquinone on corn, 
field, and sweet, seed to control sandhill crane; November 5, 2007 to 
July 30, 2008. Contact: (Marcel Howard).

Oregon

Department of Agriculture

[[Page 11116]]

Specific Exemption: EPA authorized the use of thiophanate-methyl on 
mushroom to control green mold; October 26, 2007 to October 26, 2008. 
Contact: (Andrea Conrath).
EPA authorized the use of clothianidinin on beet, sugar, seed to 
control beet leafhopper (beet curly top virus); December 15, 2007 to 
September 30, 2008. Contact: (Stacey Groce).

Pennsylvania

Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl on 
mushroom to control green mold; Effective January 8, 2008 to January 8, 
2009. Contact: (Andrea Conrath).

Texas

Department of Agriculture
Crisis: On November 26, 2007, for the use of thiophanate-methyl on 
citrus to control postbloom fruit drop and stem-end rot. A specific 
exemption request has been submitted to EPA for this use. This program 
is ongoing. Contact: (Andrea Conrath).
Specific Exemption: EPA authorized the use of triflumizole on parsley; 
dandelion; swiss chard; collards; kale; kohlrabi; mustard greens; 
Chinese napa cabbage; coriander, leaves; broccoli; and turnip greens to 
control powdery mildew (Erysiphe spp.); November 2, 2007 to November 2, 
2008. Contact: (Libby Pemberton).
EPA authorized the use of formetanate hydrochloride on dry bulb onions 
to control thrips; December 28, 2007 to May 31, 2008. Contact: (Andrew 
Ertman).

Washington

Department of Agriculture
Specific Exemption: EPA authorized the use of thiabendazole as a seed 
treatment on Brussels sprout, cabbage, and cauliflower to control 
blackleg disease (phoma lingam); November 17, 2007 to November 17, 
2008. Contact: (Stacey Groce).

Wisconsin

Department of Agriculture, Trade, and Consumer Protection
Specific Exemption: EPA authorized the use of anthraquinone on corn, 
field, and sweet, seed to control sandhill crane; December 13, 2007 to 
July 30, 2008. Contact: (Marcel Howard).

Wyoming

Department of Agriculture
Specific Exemption: EPA authorized the use of clothianidin on beet, 
sugar, seed to control beet leafhopper (beet curly top virus); December 
13, 2007 to September 30, 2008. Contact: (Stacey Groce).

B. Federal Department and Agencies

United States Department of Agriculture
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of E-11-tetradecen-1-yl acetate on 
all agricultural crops and all residential areas to control the light 
brown apple moth; October 5, 2007 to October 1, 2010. Contact: (Andrew 
Ertman).
Quarantine: EPA authorized the use of bacillus thuringiensis on cotton 
to control the pink boll worm; October 31, 2007 to October 31, 2010. 
Contact: (Andrea Conrath).

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 14, 2008.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

    Editorial Note: This notice did not appear in the issue of 
Wednesday, February 27, 2008. As a result, it is being printed in 
its entirety.
[FR Doc. E8-3491 Filed 2-26-08; 8:45 am]
BILLING CODE 6560-50-S