[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66834-66836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27062]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0019; FRL-9362-1]


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 April 1, 2012 to June 30, 2012 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) 308-8050.

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. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0019, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

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 emergency 
exemptions 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,

[[Page 66835]]

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, the type of exemption, the pesticide authorized 
and the pests, the crop or use for which authorized, and the duration 
of the exemption.

III. Emergency Exemptions

A. U.S. States and Territories

Alabama
Department of Agriculture and Industries
    Specific exemption: EPA authorized the use of cyazofamid on 
greenhouse grown basil to control downy mildew; May 15, 2012 to 
December 31, 2012. Contact: Debra Rate.
    EPA authorized the use of mandipropamid on greenhouse grown basil 
to control downy mildew; May 15, 2012 to December 31, 2012. Contact: 
Debra Rate.
Arkansas
State Plant Board
    Specific exemptions: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; April 13, 2012 to December 31, 2012. 
Contact: Stacey Groce.
    EPA authorized the use of fluridone on cotton to control 
glyphosate-resistant Palmer amaranth; April 17, 2012 to August 1, 2012. 
Contact: Keri Grinstead.
    EPA authorized the use of sulfoxaflor on cotton grown in river 
delta counties to control tarnished plant bug, (Lygus lineolaris), June 
1, 2012 to September 30, 2012. This request was granted because 
adequate control of plant bugs with registered alternatives is not 
achievable. The situation is being exacerbated by the mild winter and 
warm, wet spring resulting in greater initial populations moving from 
wild hosts into cotton. Since this request proposed use of a new 
chemical, a notice of receipt published in the Federal Register on June 
8, 2011 (76 FR 33276) (FRL-8875-2) with the public comment period 
closing on June 23, 2011. Contact: Libby Pemberton.
California
Department of Pesticide Registration
    Specific exemptions: EPA authorized the use of propiconazole on 
peach and nectarine to control sour rot; April 6, 2012, to November 30, 
2012. Contact: Andrea Conrath.
    EPA authorized the use of cyazofamid on greenhouse and shadehouse 
grown basil to control downy mildew; May 21, 2012, to May 20, 2013. 
Contact: Debra Rate.
    EPA authorized the use of mandipropamid on greenhouse and 
shadehouse grown basil to control downy mildew; May 21, 2012, to May 
20, 2013. Contact: Debra Rate.
    EPA authorized the use of thiabendazole on mushroom to control 
green mold (Trichoderma aggressivum); May 31, 2012 to January 13, 2013. 
Contact: Andrea Conrath.
Delaware
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
and stone fruit to control brown marmorated stink bug; June 21, 2012 to 
October 15, 2012. Contact: Andrea Conrath.
Hawaii
Department of Agriculture
    Specific exemption: EPA authorized the use of fludioxonil on 
pineapple to control post-harvest development of surface molds; May 21, 
2012 to May 21, 2013. Contact: Andrea Conrath.
Illinois
Department of Agriculture
    Specific exemptions: EPA authorized the use of cyazofamid on basil 
to control downy mildew; April 26, 2012 to October 15, 2012. Contact: 
Debra Rate.
    EPA authorized the use of mandipropamid on basil to control downy 
mildew; April 26, 2012 to October 15, 2012. Contact: Debra Rate.
Iowa
Department of Agriculture
    Specific exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; April 5, 2012 to December 31, 2012. 
Contact: Stacey Groce.
Louisiana
Department of Agriculture and Forestry
    Specific exemptions: EPA authorized the use of dinotefuran on rice 
to control rice stink bug (Oebalus pugnax); May 2, 2012 to October 30, 
2012. Contact: Libby Pemberton.
    EPA authorized the use of fluxapyroxad on rice in the vicinity of 
Mowata to control sheath blight; May 11, 2012 to August 1, 2012. 
Contact: Debra Rate.
    EPA authorized the use of sulfoxaflor on cotton grown in river 
delta counties to control tarnished plant bug, (Lygus lineolaris), June 
1, 2012 to September 30, 2012. This request was granted because 
adequate control of plant bugs with registered alternatives is not 
achievable. The situation is being exacerbated by the mild winter and 
warm, wet spring resulting in greater initial populations moving from 
wild hosts into cotton. Since this request proposed use of a new 
chemical, a notice of receipt published in the Federal Register on June 
8, 2011 with the public comment period closing on June 23, 2011. 
Contact: Libby Pemberton.
Maryland
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
and stone fruit to control brown marmorated stink bug; June 21, 2012 to 
October 15, 2012. Contact: Andrea Conrath.
Massachusetts
Department of Agricultural Resources
    Specific exemptions: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; May 14, 2012 to December 31, 2012. 
Contact: Stacey Groce.
    EPA authorized the use of quinclorac on cranberries to control 
dodder (Cuscuta gronovii); April 3, 2012 to July 31, 2012. Contact: 
Marcel Howard.
Michigan
Department of Agriculture
    Specific exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; April 5, 2012 to December 31, 2012. 
Contact: Stacey Groce.
Mississippi
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on cotton 
grown in river delta counties to control tarnished plant bug, (Lygus 
lineolaris), June 1, 2012 to September 30, 2012. This request was 
granted because adequate control of plant bugs with registered 
alternatives is not achievable. The situation is being exacerbated by 
the mild winter and warm, wet spring resulting in greater initial 
populations moving from wild hosts into cotton. Since this request 
proposed use of a new chemical, a notice of receipt published in the 
Federal Register on

[[Page 66836]]

June 8, 2011 with the public comment period closing on June 23, 2011. 
Contact: Libby Pemberton.
Montana
Department of Agriculture
    Specific exemptions: EPA authorized the use of Bacillus mycoides 
isolate J on seed potato grown in Montana to control tuber infections 
caused by Potato Virus Y (PVY), June 14, 2012, to August 15, 2012. This 
request was granted because there are no registered alternatives to 
control PVY and adequate control of aphids which vector PVY with 
registered alternatives is not achievable. Since this request proposed 
use of a new, unregistered chemical, a notice of receipt published in 
the Federal Register on June 6, 2012 (77 FR 33455) (FRL-9351-2) with 
the public comment period closing on June 11, 2012. Contact: Debra 
Rate.
New Jersey
Department of Environmental Protection
    Specific exemptions: EPA authorized the use of quinclorac on 
cranberries to control dodder (Cuscuta gronovii); April 3, 2012 to 
December 15, 2012. Contact: Marcel Howard.
    EPA authorized the use of dinotefuran on pome and stone fruit to 
control brown marmorated stink bug; June 21, 2012 to October 15, 2012. 
Contact: Andrea Conrath.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of dinotefuran on pome 
and stone fruit to control brown marmorated stink bug; June 21, 2012 to 
October 15, 2012. Contact: Andrea Conrath.
Ohio
Department of Agriculture
    Specific exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; April 3, 2012 to December 31, 2012. 
Contact: Stacey Groce.
Oregon
Department of Agriculture
    Specific exemption: EPA authorized the use of quinclorac on 
cranberries to control yellow loosestrife (Lysimachia terrestris); 
April 27, 2012 to August 1, 2012. Contact: Debra Rate.
Pennsylvania
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
and stone fruit to control brown marmorated stink bug; June 21, 2012 to 
October 15, 2012. Contact: Andrea Conrath.
South Carolina
Department of Pesticide Regulation
South Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; April 5, 2012 to December 31, 2012. 
Contact: Stacey Groce.
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on cotton 
grown in river delta counties to control tarnished plant bug, (Lygus 
lineolaris), June 1, 2012, to September 30, 2012. This request was 
granted because adequate control of plant bugs with registered 
alternatives is not achievable. The situation is being exacerbated by 
the mild winter and warm, wet spring resulting in greater initial 
populations moving from wild hosts into cotton. Since this request 
proposed use of a new chemical, a notice of receipt published in the 
Federal Register on June 8, 2011 with the public comment period closing 
on June 23, 2011. Contact: Libby Pemberton.
Texas
Department of Agriculture
    Specific exemptions: EPA authorized the use of cyazofamid on 
greenhouse grown basil to control downy mildew; June 22, 2012 to June 
22, 2013. Contact: Debra Rate.
    EPA authorized the use of mandipropamid on greenhouse grown basil 
to control downy mildew; June 22, 2012 to June 22, 2013. Contact: Debra 
Rate.
Virginia
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of dinotefuran on pome 
and stone fruit to control brown marmorated stink bug; June 21, 2012 to 
October 15, 2012. Contact: Andrea Conrath.
Washington
Department of Agriculture
    Specific exemptions: Quinclorac on cranberries to control yellow 
loosestrife (Lysimachia terrestris); April 27, 2012 to August 1, 2012. 
Contact: Debra Rate.
    EPA authorized the use of lambda-cyhalothrin on asparagus to 
control European asparagus aphid (Brachycolus asparagi); May14, 2012, 
to September 30, 2012. Contact: Libby Pemberton.
West Virginia
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
and stone fruit to control brown marmorated stink bug; June 21, 2012 to 
October 15, 2012. Contact: Andrea Conrath.
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
    Specific exemptions: EPA authorized the use of spirotetramat on dry 
bulb onions to control thrips; April 5, 2012 to September 15, 2012. 
Contact: Keri Grinstead.
    EPA authorized the use of hop beta acids in beehives to control 
varroa mite; April 10, 2012 to December 31, 2012. Contact: Stacey 
Groce.
Wyoming
Department of Agriculture
    Specific exemption: EPA authorized the use of diflubenzuron on 
alfalfa to control Mormon cricket and various grasshopper species; May 
22, 2012 to October 31, 2012. Contact: Andrea Conrath.

B. Federal Departments and Agencies

Defense Department
    Quarantine exemption: EPA authorized the use of paraformaldehyde in 
or on containment areas and equipment to control infectious agents; May 
15, 2012 to May 15, 2015. Contact: Princess Campbell.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 18, 2012.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-27062 Filed 11-6-12; 8:45 am]
BILLING CODE 6560-50-P