[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3420-3422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00841]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0019; FRL-9375-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 July 1, 2012 to September 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:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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.

[[Page 3421]]

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, 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, 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

A. U.S. States and Territories

California
Department of Pesticide Regulation
    Specific Exemption: EPA Authorized the use of spirotetramat on dry 
bulb onions to control thrips; July 12, 2012 to September 15, 2012. 
Contact: Keri Grinstead.
Delaware
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control brown marmorated stink bug; July 20, 
2012 to October 15, 2012. Contact: Andrea Conrath.
Florida
Department of Agriculture and Consumer Services
    Specific Exemption: EPA Authorized the use of spirotetramat on 
watercress to control melon/cotton aphids; July 27, 2012 to July 27, 
2013. Contact: Keri Grinstead.
    Specific Exemption: EPA authorized the use of streptomycin sulfate 
on grapefruit to control citrus canker; September 14, 2012 to September 
1, 2013. As allowed by 40 CFR 166.24, the Agency determined that 
publication of a notice of receipt was appropriate since the use is for 
expansion of an antibiotic, and of potential public interest. A notice 
of receipt published in the Federal Register on November 9, 2011 (76 FR 
217) (FRL-9325-8), to allow for a public comment period which ended on 
November 24, 2011. No substantial comments were received. The rationale 
for emergency approval of this use is that no suitable materials are 
available to control citrus canker in grapefruit and significant 
economic losses will occur if this disease is not controlled. Contact: 
Andrea Conrath.
Illinois
Department of Agriculture
    Specific exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; September 5, 2012 to December 31, 
2012. Contact: Stacey Groce.
Louisiana
Department of Agriculture and Forestry
    Crisis Exemption: EPA concurred with Louisiana on the crisis use of 
imidacloprid on sugarcane to control West Indian Cane Fly; August 7, 
2012 to August 22, 2012. Contact: Tawanda Maignan.
Maine
Department of Agriculture, Food and Rural Resources
    Crisis Exemption: EPA concurred with Maine on the crisis use of 
malathion on blueberries to control spotted winged drosophila; August 
13, 2012 to August 28, 2012. Contact: Debra Rate.
    Specific exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; August 3, 2012 to December 31, 2012. 
Contact: Stacey Groce.
Maryland
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control brown marmorated stink bug; July 20, 
2012 to October 15, 2012. Contact: Andrea Conrath.
Michigan
Department of Agriculture and Rural Development
    Crisis Exemption: EPA concurred with Michigan on the crisis use of 
malathion on blueberries to control spotted winged drosophila; July 6, 
2012. Contact: Debra Rate.
    Specific exemption: EPA authorized the use of malathion on 
blueberries to control spotted wing drosophila; September 27, 2012 to 
September 30, 2012. Contact: Debra Rate.
New Jersey
Department of Environmental Protection
    Crisis Exemption: EPA concurred with New Jersey on the crisis use 
of malathion on blueberries to control spotted wing drosophila; July 
16, 2012 to July 30, 2012. Contact: Tawanda Maignan.
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control brown marmorated stink bug; July 20, 
2012 to October 15, 2012. Contact: Andrea Conrath.
    Specific Exemption: EPA authorized the use of dinotefuran on stone 
fruit and pome fruit to control brown marmorated

[[Page 3422]]

stink bug; July 11, 2012 to October 15, 2012. Contact: Andrea Conrath.
New Mexico
Department of Agriculture
    Specific Exemption: EPA authorized the use of spirotetramat on dry 
bulb onions to control thrips; July 9, 2012 to October 31, 2012. 
Contact: Keri Grinstead.
North Carolina
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control brown marmorated stink bug; July 20, 
2012 to October 15, 2012. Contact: Andrea Conrath.
North Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; July 18, 2012 to December 31, 2012. 
Contact: Stacey Groce.
Oregon
Department of Agriculture
    Specific Exemption: EPA authorized the use of fipronil on turnip 
and rutabaga to control cabbage maggot; July 20, 2012 to September 30, 
2012. In accordance with 40 CFR 166.24, a notice of receipt published 
in the Federal Register on May 1, 2012 (77 FR 84) (FRL- 9344-3), to 
allow for public comment since the request proposed a use which is IR-
4-supported, has been requested in 5 or more previous years, and a 
petition for tolerance has not been submitted to the Agency. The public 
comment period ended on May 16, 2012. No substantial comments were 
received. The rationale for emergency approval of this use is that no 
suitable insecticides are available to control the cabbage maggot in 
turnip and rutabaga production and significant economic losses will 
occur if this pest is not controlled. Contact: Andrea Conrath.
Pennsylvania
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control brown marmorated stink bug; July 20, 
2012 to October 15, 2012. Contact: Andrea Conrath.
Tennessee
Department of Agriculture and Regulatory Services
    Specific Exemption: EPA authorized the use of spirotetramat on 
watercress to control melon/cotton aphids; July 27, 2013 to July 27, 
2013. Contact: Keri Grinstead.
Virginia
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control brown marmorated stink bug; July 20, 
2012 to October 15, 2012. Contact: Andrea Conrath.
West Virginia
Department of Agriculture
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control brown marmorated stink bug; July 20, 
2012 to October 15, 2012. Contact: Andrea Conrath.

B. Federal Departments and Agencies

United States Department of Agriculture (USDA) Animal and Plant Health 
Inspection Service (APHIS)
    Quarantine Exemption: EPA authorized the use of sodium hydroxide on 
clean, hard, non-porous areas potentially exposed to prions. September 
12, 2012 to September 12, 2015; Contact: Keri Grinstead.
    Quarantine Exemption: EPA authorized the use of sodium hypochlorite 
on clean, hard, non-porous areas potentially exposed to prions. 
September 12, 2012 to September 12, 2015; Contact: Keri Grinstead.
National Aeronautics and Space Administration (NASA)
    Specific exemption: EPA authorized the use of ortho-phthalaldehyde 
(OPA) immobilized to a porous resin to treat the International Space 
Station internal active thermal control system (IATCS) coolant to 
control micro-organisms; July 13, 2012 to July 12, 2013. This request 
was granted because no registered alternatives met the criteria 
required for this use as well as OPA. Since the request proposed the 
use of a new, unregistered chemical, a notice of receipt published in 
the Federal Register on August 17, 2012 (77 FR 49793) (FRL-9358-4). 
Contact: Debra Rate.

 List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 7, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-00841 Filed 1-15-13; 8:45 am]
BILLING CODE 6560-50-P