[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Notices]
[Pages 33086-33087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13011]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0203; FRL-8366-1]


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 emergency exemptions under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of 
pesticides as listed in this notice. The exemptions were granted during 
the period January 1, 2008 through March 31, 2008, to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: See each emergency exemption 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 listed in this unit. If 
you have any questions regarding the applicability of this action to a 
particular entity, consult the person listed at the end of the 
emergency exemption of interest.

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-2008-0203. 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 emergency exemptions to the following State and 
Federal agencies. The emergency exemptions may take the following form: 
Crisis, public health, quarantine, or specific.
    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 that 
granted the exemption, 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: U.S. States and Territories

Arkansas

State Plant Board

Specific exemption: EPA authorized the use of chlorantraniliprole on 
rice, seed to control rice water weevil; March 21, 2008 to July 31, 
2008. Contact: Marcel Howard.

California

Environmental Protection Agency, Department of Pesticide Regulation

Specific exemption: EPA authorized the use of maneb on walnuts to 
control bacterial blight (Xanthomonas campestris pv. Juglandis); 
February 27, 2008 to June 15, 2008. Contact: Libby Pemberton.
    EPA authorized the use of tebuconazole on garlic to control garlic 
rust (Puccinia porri - P. allii); March 5, 2008 to July 3, 2008. 
Contact: Libby Pemberton.

[[Page 33087]]

    EPA authorized the use of abamectin on large lima beans to control 
spider mites; March 6, 2008 to August 31, 2008. Contact: Andrew Ertman.

Quarantine exemption: EPA authorized the use of Environ LpH on hard 
surfaces, items, and laboratory waste solutions to control prions; 
March 26, 2008 to March 26, 2011. 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 thiophanate-methyl on 
citrus to control postbloom fruit drop and stem-end rot; March 19, 2008 
to March 19, 2009. Contact: Andrea Conrath.

Louisiana

Department of Agriculture and Forestry

Specific exemption: EPA authorized the use of chlorantraniliprole on 
rice, seed to control rice water weevil; February 5, 2008 to July 31, 
2008. Contact: Marcel Howard.
    EPA authorized the use of etofenprox on water-seeded rice to 
control rice water weevil (Lissorhoptrus oryzophilus); February 20, 
2008 to August 1, 2008. Contact: Libby Pemberton.

Maryland

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.

Minnesota

Department of Agriculture

Specific exemption: EPA authorized the use of azoxystrobin on wild rice 
to control stem rot (Nakataea sigmoidea/Sclerotium oryzae); March 10, 
2008 to August 31, 2008. Contact: Libby Pemberton.

Mississippi

Department of Agriculture and Commerce

Specific exemption: EPA authorized the use of chlorantraniliprole on 
rice, seed to control rice water weevil; March 21, 2008 to July 31, 
2008. Contact: Marcel Howard.

Crisis: On March 31, 2008, for the use of anthraquinone on corn, field 
and sweet seed to control blackbird species and grackle. This program 
ended on May 10, 2008. Contact: Marcel Howard.

Missouri

Department of Agriculture

Specific exemption: EPA authorized the use of chlorantraniliprole on 
rice, seed to control rice water weevil; March 21, 2008 to July 31, 
2008. Contact: Marcel Howard.

Nevada

Department of Agriculture

Specific exemption: EPA authorized the use of bifenazate on timothy to 
control banks grass mite; March 31, 2008 to September 1, 2008. Contact: 
Andrea Conrath.

Oklahoma

Department of Agriculture

Crisis: On March 24, 2008, for the use of pendimethalin on Bermuda 
grass pastures and hayfields to control sand bur spp. This program 
ended on April 8, 2008. Contact: Stacey Groce.

Oregon

Department of Agriculture

Specific exemption: EPA authorized the use of sulfentrazone on 
strawberries to control broadleaf weeds; March 15, 2008 to February 28, 
2009. Contact: Andrew Ertman.
    EPA authorized the use of fenoxaprop-P-ethyl on grasses grown for 
seed to control annual grass weeds; February 28, 2008 to September 15, 
2008. Contact: Andrea Conrath.

Pennsylvania

Department of Agriculture

Specific exemption: EPA authorized the use of thiophanate-methyl on 
mushroom to control green mold; January 8, 2008 to January 8, 2009. 
Contact: Andrea Conrath.

Texas

Department of Agriculture

Specific exemption: EPA authorized the use of anthraquinone on corn, 
field, and sweet, seed to control sandhill crane; February 7, 2008 to 
July 31, 2008. Contact: Marcel Howard.
    EPA authorized the use of chlorantraniliprole on rice, seed to 
control rice water weevil; February 14, 2008 to July 1, 2008. Contact: 
Marcel Howard.

Crisis: On February 4, 2008, for the use of pendamethalin on Bermuda 
grass pastures and hayfields to control sand bur spp. This program is 
expected to end on May 31, 2008. Contact: Stacey Groce.

Washington

Department of Agriculture

Specific exemption: EPA authorized the use of sulfentrazone on 
strawberries to control broadleaf weed; February 19, 2008 to February 
28, 2009. Contact: Andrew Ertman.

Wisconsin

Department of Agriculture, Trade, and Consumer Protection

Specific exemption: EPA authorized the use of sulfentrazone on 
strawberries to control broadleaf weeds; June 20, 2008 to December 15, 
2008. Contact: Andrew Ertman.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 29, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E8-13011 Filed 6-10-08; 8:45 am]
BILLING CODE 6560-50-S