Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 8805-8806 [05-3446]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Notices]
[Pages 8805-8806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3446]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0037; FRL-7698-7]


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 October 1, 2004 to Decmeber 31, 2004 to 
control unforseen 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 (7505C), 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. 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 an official public docket for this 
action under docket identification number OPP-2005-0037. The official 
public docket consists of the documents specifically referenced in this 
action, any public comments received, and other information related to 
this action. Although a part of the official docket, the public docket 
does not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public docket is the collection of materials that is available for 
public viewing at the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington, 
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The docket 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 https://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

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 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: EPA authorized the use of thiophanate methylin mushroom 
cultivation to control green mold; October 28, 2004 to October 27, 
2005. Contact: (Andrea Conrath)
EPA authorized the use of pyriproxyfen on strawberry to control 
silverleaf whiteflly; December 13, 2004 to December 12, 2005. Contact: 
(Andrea Conrath)

Colorado

Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and

[[Page 8806]]

L-menthol in beehives to control varroa mites; December 3, 2004 to 
December 1, 2005. Contact: (Barbara Madden)

Florida

Department of Agriculture and Consumer Services
Specific: EPA authorized the use of coumaphos in beehives to control 
varroa mites and small hive beetles; January 19, 2005 to January 
18,2006. Contact: (Barbara Madden)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; December 29, 2004 to December 1, 2005. Contact: (Barbara Madden)

Georgia

Department of Agriculture
Specific: EPA authorized the use of indoxacarb on collards to control 
diamondback moth; November 4, 2004 to November 3, 2005. Contact: 
(Andrea Conrath)
EPA authorized the use of fenbuconazole on blueberries to control 
mummyberry disease; November 18, 2004 to July 1, 2005. Contact: (Andrea 
Conrath)

Idaho

Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat to control 
Italian ryegrass; October 20, 2004 to December 31, 2004. Contact: 
(Andrew Ertman)

Kentucky

Department of Agriculture
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; December 3, 2004 to December 1, 2005. Contact: (Barbara 
Madden)

Minnesota

Department of Agriculture
Quarantine: EPA authorized the use of trifloxystrobin on soybeans to 
control soybean rust; December 13, 2004, to December 1, 2007. Contact: 
(Andrew Ertman)

New York

Department of Environmental Conservation
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; December 29, 2004 to December 1, 2005. Contact: (Barbara 
Madden)

North Carolina

Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; December 29, 2004 to December 1, 2005. Contact: (Barbara 
Madden)

Ohio

Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; December 1, 2004, to March 1, 2007. Contact: 
(Andrew Ertman)

Oregon

Department of Agriculture
Specific: EPA authorized the use of thiophanate methyl in mushroom 
cultivation to control green mold; October 19, 2004 to October 18, 
2005. Contact: (Andrea Conrath)
EPA authorized the use of flufenacet on wheat to control Italian 
ryegrass; October 20, 2004 to December 31, 2004. Contact: (Andrew 
Ertman)

South Carolina

Clemson University
Specific: EPA authorized the use of the formulated product ApiLife VAR 
containing thymol, eucalyptus oil, and L-menthol in beehives to control 
varroa mites; December 3, 2004 to December 1, 2005. Contact: (Barbara 
Madden)

South Dakota

Department of Agriculture
Quarantine: EPA authorized the use of trifloxystrobin on soybeans to 
control soybean rust; December 13, 2004, to December 1, 2007. Contact: 
(Andrew Ertman)

Texas

Department of Agriculture
Crisis: On December 21, 2004, for the use of triflumizole on parsley, 
dandelion, Swiss chard, collards, kale, kohlrabi, mustard greens, napa 
cabbage, and cilantro to control powdery mildew. This program is 
expected to end on October 1, 2005. Contact: (Libby Pemberton)
Specific: EPA authorized the use of fenbuconazole on grapefruit to 
control greasy spot disease; November 5, 2004 to November 4, 2005. 
Contact: (Andrea Conrath)
EPA authorized the use of the formulated product ApiLife VAR containing 
thymol, eucalyptus oil, and L-menthol in beehives to control varroa 
mites; December 3, 2004 to December 1, 2005. Contact: (Barbara Madden)

Virginia

Department of Agriculture and Consumer Services
Quarantine: EPA authorized the use of myclobutanil on soybeans to 
control soybean rust; November 15, 2004, to March 1, 2007. Contact: 
(Andrew Ertman)
EPA authorized the use of propiconazole on soybeans to control soybean 
rust; November 15, 2004, to March 1, 2007. Contact: (Andrew Ertman)
EPA authorized the use of tebuconazole on soybeans to control soybean 
rust; November 15, 2004, to March 1, 2007. Contact: (Andrew Ertman)

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of carbaryl on imported flightless 
birds to control exotic ectoparasites; November 15, 2004, to November 
15, 2007. Contact: (Andrew Ertman)

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: February 9, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 05-3446 Filed 2-22-05; 8:45 am]
BILLING CODE 6560-50-S