[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 47012-47016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-100]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0307; FRL-8143-6]
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 January 1, 2007 to March 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: 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.
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-2007-0307. 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
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
[[Page 47013]]
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
Alabama
Department of Agriculture and Industries
Specific Exemptions: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of sulfosulfuron on bermudagrass pastures and
hayfields to control Johnsongrass (Sorghum halepense); February 16,
2007 to September 15, 2007. Contact: Libby Pemberton.
Arkansas
State Plant Board
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
California
Environmental Protection Agency, Department of Pesticide Regulation
Specific Exemptions: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of maneb on walnuts to control bacterial blight;
March 1, 2007 to June 15, 2007. Contact: Libby Pemberton.
EPA authorized the use of tebuconazole on garlic to control garlic rust
(Puccinia Porr -P. alli); March 2, 2007 to July 3, 2007. Contact: Libby
Pemberton.
EPA authorized the use of thiamethoxam on artichokes to control proba
bugs; March 1, 2007 to February 28, 2008. Contact: Stacey Groce.
EPA authorized the uses of propiconazole on peach and nectarine, post-
harvest, to control sour rot (Geotricum candidum); May 15, 2007 to
September 30, 2007. Contact: Andrea Conrath.
Colorado
Department of Agriculture
Specific Exemptions: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of thiophanate-methyl in mushroom cultivation,
to control green mold (Trichoderma aggresivum); March 1, 2007 to March
1, 2008. Contact: Andrea Conrath.
EPA authorized the use of lambda-cyhalothrin on barley to control
Russian wheat aphids, cereal leaf beetles, and cutworms; April 7, 2007
to July 15, 2007. Contact: Andrew Ertman.
Quarantine Exemption: EPA authorized the use of chlorophene in
laboratories to control prions; February 2, 2007 to February 2, 2010.
Contact: Princess Campbell.
Connecticut
Department of Environmental Protection
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); February 23, 2007 to
February 1, 2008. Contact: Stacey Groce.
Delaware
Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl in
mushroom cultivation, to control green mold (Trichoderma aggresivum);
January 8, 2007 to January 8, 2008. Contact: Andrea Conrath.
Florida
Department of Agriculture and Consumer Services
Specific Exemptions: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); February 12, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of thiophanate-methyl on citrus, to control
post-bloom fruit drop (Colletotrichum acutatum) and stem end rot
(Lasiodiplodia theobromae); March 2, 2007 to March 2, 2008. Contact:
Andrea Conrath.
EPA authorized the use of thiophanate-methyl on fruiting vegetables, to
control white mold (Sclerotinia sclerotiorum); April 12, 2007 to April
12, 2008. Contact: Andrea Conrath.
Georgia
Department of Agriculture
Specific Exemptions: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); February 5, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of sulfosulfuron on bermudagrass and bahiagrass
pastures and hayfields to control Johnsongrass (Sorghum halepense);
February 16, 2007 to September 15, 2007. Contact: Libby Pemberton.
Idaho
Department of Agriculture
Specific Exemptions: EPA authorized the use of thiabendazole on
lentils, to control Ascochyta blight; February 21, 2007 to June 1,
2007. Contact: Andrea Conrath.
EPA authorized the use of coumaphos in beehives to control varroa mite
and the small hive beetle); February 23, 2007 to February 1, 2008.
Contact: Stacey Groce.
EPA authorized the use of fenpyroximate in beehives to control varroa
mites); March 22, 2007 to February 28, 2008. Contact: Stacey Groce.
EPA authorized the use of oxytetracycline on apples to control fire
blight; April 1, 2007 to August 1, 2007. Contact: Andrew Ertman.
Illinois
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 31, 2007 to
February 1, 2008. Contact: Stacey Groce.
Indiana
Office of Indiana State Chemist
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Iowa
Department of Agriculture and Land Stewardship
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle);
[[Page 47014]]
March 12, 2007 to February 1, 2008. Contact: Stacey Groce.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Kansas
Department of Agriculture
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Kentucky
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 31, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of tebuconazole on wheat to control Fusarium
head blight (FHB); March 26, 2007 to May 30, 2007. Contact: Libby
Pemberton.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Louisiana
Department of Agriculture and Forestry
Specific Exemption: EPA authorized the use of etofenprox on rice to
control rice water weevil (Lissorhoptrus oryzophilus); January 24, 2007
to January 24, 2008. Contact: Libby Pemberton.
EPA authorized the use of coumaphos in beehives to control varroa mite
and the small hive beetle); February 28, 2007 to February 1, 2008.
Contact: Stacey Groce.
Maryland
Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl in
mushroom cultivation, to control green mold (Trichoderma aggresivum);
January 8, 2007 to January 8, 2008. Contact: Andrea Conrath.
EPA authorized the use of coumaphos in beehives to control varroa mite
and the small hive beetle); January 30, 2007 to February 1, 2008.
Contact: Stacey Groce.
Maine
Department of Agriculture, Food, and Rural Resources
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); February 28, 2007 to
February 1, 2008. Contact: Stacey Groce.
Michigan
Michigan Department of Agriculture
Specific Exemption: EPA authorized the use of zoxamide on ginseng to
control Phytophthora blight; February 1, 2007 to October 31, 2007.
Contact: Stacey Groce.
EPA authorized the use of coumaphos in beehives to control varroa mite
and the small hive beetle); February 5, 2007 to February 1, 2008.
Contact: Stacey Groce.
EPA authorized the use of chlorothalonil on ginseng to control Botrytis
blight and Alternaria stem and leaf blight); February 9, 2007 to
October 31, 2007. Contact: Stacey Groce.
EPA authorized the use of thiophanate-methyl in mushroom cultivation,
to control green mold (Trichoderma aggresivum); March 1, 2007 to March
1, 2008. Contact: Andrea Conrath.
EPA authorized the use of oxytetracycline on apples to control fire
blight; April 1, 2007 to June 30, 2007. Contact: Andrew Ertman.
EPA authorized the use of tebuconazole on asparagus to control rust
(Puccinia spp.); May 1, 2007 to November 1, 2007. Contact: Libby
Pemberton.
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; June 25, 2007 to December 15, 2007. Contact: Andrew
Ertman.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Minnesota
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of fenpyroximate in beehives to control varroa
mites); March 22, 2007 to February 28, 2008. Contact: Stacey Groce.
EPA authorized the use of lambda-cyhalothrin on wild rice to control
rice worms; August 1, 2007 to September 10, 2007. Contact: Andrew
Ertman.
Quarantine Exemption: EPA authorized the use of flusilazole on soybeans
to control Australasian soybean rust; February 7, 2007 to February 7,
2010. Contact: Andrea Conrath.
Mississippi
Department of Agriculture and Commerce
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of sulfosulfuron on bermudagrass and bahiagrass
pastures and hayfields to control Johnsongrass (Sorghum halepense);
February 16, 2007 to September 15, 2008. Contact: Libby Pemberton.
Missouri
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); March 22, 2007 to
February 1, 2008. Contact: Stacey Groce.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Montana
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of thiabendazole on lentils, to control
Ascochyta blight; February 21, 2007 to June 1, 2007. Contact: Andrea
Conrath.
Nebraska
Department of Agriculture
Specific Exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites); February 28, 2007 to February 28, 2008.
Contact: Stacey Groce.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
New Jersey
Department of Environmental Protection
Specific Exemption: EPA authorized the use of thiophanate-methyl on
tomatoes to control white mold; April 1, 2007 to October 31, 2007.
Contact: Andrew Ertman..
New York
Department of Environmental Conservation
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); January 30, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of fenpyroximate in beehives to control varroa
mites); March 22, 2007 to February 28, 2008. Contact: Stacey Groce.
Nevada
Department of Agriculture
Specific Exemption: EPA authorized the use of bifenazate on Timothy
grass, to control Banks Grass Mite; March 16,
[[Page 47015]]
2007 to September 1, 2007. Contact: Andrea Conrath.
North Carolina
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); February 12, 2007 to
February 1, 2008. Contact: Stacey Groce.
North Dakota
Department of Agriculture
Specific Exemption: EPA authorized the use of thiabendazole on lentils,
to control Ascochyta blight; February 21, 2007 to June 1, 2007.
Contact: Andrea Conrath.
EPA authorized the use of coumaphos in beehives to control varroa mite
and the small hive beetle); March 12, 2007 to February 1, 2008.
Contact: Stacey Groce.
EPA authorized the use of fenpyroximate in beehives to control varroa
mites); March 22, 2007 to February 28, 2008. Contact: Stacey Groce.
Ohio
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); March 12, 2007 to
February 1, 2008. Contact: Stacey Groce.
EPA authorized the use of thiophanate-methyl on fruiting vegetables, to
control white mold (Sclerotinia sclerotiorum); March 30, 2007 to
September 30, 2007. Contact: Andrea Conrath.
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; June 20, 2007 to December 15, 2007. Contact: Andrew
Ertman.
Oklahoma
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); March 12, 2007 to
February 1, 2008. Contact: Stacey Groce.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Oregon
Department of Agriculture
Specific Exemption: EPA authorized the use of thiabendazole on lentils,
to control Ascochyta blight; February 21, 2007 to June 1, 2007.
Contact: Andrea Conrath.
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; March 22, 2007 to February 28, 2008. Contact: Andrew
Ertman.
EPA authorized the use of fenpyroximate in beehives to control varroa
mites); March 22, 2007 to February 28, 2008. Contact: Stacey Groce.
EPA authorized the use of mesotrione on cranberry to control bog St.
John's Wort (Hypericum boreala), rushes (Juncus Canadensis, J. effuses,
J. Bufonlus,J. Tenuis), sedges spp. (Carex spp.), yellow loosestrife
(Lysimachia terrestris),and silverleaf (Potentilla pacifica); March 30,
2007 to October 15, 2007. Contact: Libby Pemberton.
EPA authorized the use of oxytetracycline on apples to control fire
blight; April 1, 2007 to August 1, 2007. Contact: Andrew Ertman.
Pennsylvania
Department of Agriculture
Specific Exemption: EPA authorized the use of thiophanate-methyl in
mushroom cultivation, to control green mold (Trichoderma aggresivum);
January 8, 2007 to January 8, 2008. Contact: Andrea Conrath.
EPA authorized the use of coumaphos in beehives to control varroa mite
and the small hive beetle); January 30, 2007 to February 1, 2008.
Contact: Stacey Groce.
South Carolina
Clemson University
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); April 3, 2007 to
February 1, 2008. Contact: Stacey Groce.
South Dakota
Department of Agriculture
Quarantine Exemption: EPA authorized the use of flusilazole on soybeans
to control Australasian soybean rust; February 7, 2007 to February 7,
2010. Contact: Andrea Conrath.
Tennessee
Department of Agriculture
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); March 12, 2007 to
February 1, 2008. Contact: Stacey Groce.
Quarantine Exemption: EPA authorized the use of flutriafol on soybeans
to control soybean rust; February 12, 2007 to February 12, 2010.
Contact: Princess Campbell.
Texas
Department of Agriculture
Crisis Exemption: On March 20, 2007, for the use of fenpyroximate in
beehives to control varroa mites. This program is expected to end on
February 28, 2008. Contact: Stacey Groce.
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); February 12, 2007 to
February 1, 2008. Contact: Stacey Groce.
Virginia
Department of Agriculture and Consumer Services
Specific Exemption: EPA authorized the use of coumaphos in beehives to
control varroa mite and the small hive beetle); March 12, 2007 to
February 1, 2008. Contact: Stacey Groce.
Washington
Department of Agriculture
Specific Exemption: EPA authorized the use of thiabendazole on lentils,
to control Ascochyta blight; February 13, 2007 to June 1, 2007.
Contact: Andrea Conrath.
EPA authorized the use of coumaphos in beehives to control varroa mite
and the small hive beetle); February 23, 2007 to February 1, 2008.
Contact: Stacey Groce.
EPA authorized the use of fenpyroximate in beehives to control varroa
mites); March 22, 2007 to February 28, 2008. Contact: Stacey Groce.
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; March 22, 2007 to February 28, 2008. Contact: Andrew
Ertman.
EPA authorized the use of mesotrione on cranberry to control bog St.
John's wort (Hypericum boreala), rushes (Juncus Canadensis, J. effuses,
J. Bufonlus,J. Tenuis), sedges spp. (Carex spp.), yellow loosestrife
(Lysimachia terrestris),and silverleaf (Potentilla pacifica); March 30,
2007 to October 31, 2007. Contact: Libby Pemberton.
EPA authorized the use of oxytetracycline on apples to control fire
blight; April 1, 2007 to August 1, 2007. Contact: Andrew Ertman.
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific Exemption: EPA authorized the use of mancozeb on ginseng to
control Alternaria stem and leaf blight); January 31, 2007 to October
31, 2007. Contact: Stacey Groce.
EPA authorized the use of zoxamide on ginseng to control Phytophthora
blight ; February 1, 2007 to October 31, 2007. Contact: Stacey Groce.
EPA authorized the use of chlorothalonil on ginseng to control Botrytis
blight and Alternaria stem and leaf blight; March 2, 2007 to October
31, 2007. Contact: Stacey Groce.
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf
[[Page 47016]]
weeds; June 20, 2007 to December 15, 2007. Contact: Andrew Ertman.
B. Federal Departments and Agencies
Department of Agriculture
Quarantine Exemption: EPA authorized the use of ethylene oxide on
animal isolators to inactivate all microbes; January 30, 2007 to
January 30, 2009. Contact: Princess Campbell.
Animal and Plant Health Inspector Service
Crisis Exemption: On March 2, 2007, for the use of methyl bromide on
avocados, bananas, plantains, blackberries, raspberries, certain
cucurbit vegetables and edible seeds, fresh herbs and spices, kiwi,
certain leafy vegetables, longan, lychee fruit, fresh and dried mint,
opuntia, rambutan, certain root and tuber vegetables, and snow peas to
control exotic pests. This program is expected to end on March 3, 2008.
Contact: Libby Pemberton.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 9, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-16452 Filed 8-21-07; 8:45 am]
BILLING CODE 6560-50-S