[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51036-51039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20445]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0597; FRL-8840-4]


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 October 1, 2009 to June 30, 2010 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. 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?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0597. 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 are from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

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.

[[Page 51037]]

    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

Environmental Protection Agency, Department of Pesticide Regulation
Specific exemption: EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; October 2, 2009 to October 1, 2010. Contact: 
Stacey Groce.
    EPA authorized the use of boscalid on Belgian endive to control 
Sclerotinia sclerotiorum; November 13, 2009 to February 15, 2010. 
Contact: Stacey Groce.
    EPA authorized the use of pyraclostrobin on Belgian endive to 
control Sclerotinia sclerotiorum; November 13, 2009 to February 15, 
2010. Contact: Stacey Groce.
    EPA authorized the use of 1-naphthaleneacetic acid on avocado to 
suppress excessive branch growth (sprout inhibition); April 16, 2010 to 
April 16, 2011. Contact: Marcel Howard.
    EPA authorized the use of propiconazole on peach and nectarine to 
control sour rot; May 4, 2010 to November 30, 2010. Contact: Andrea 
Conrath.
    EPA authorized the use of avermectin on lima beans to control two-
spotted spider mite; May 19, 2010 to August 31, 2010. Contact: Marcel 
Howard.

Colorado

Department of Agriculture
Specific exemption: EPA authorized the use of abamectin on dry bulb 
onions to control thrips; March 12, 2010 to September 30, 2010. 
Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to 
control thrips; May 5, 2010 to September 30, 2010. Contact: Keri 
Grinstead.
Quarantine: EPA authorized the use of Environ LpH (containing the 
active ingredients ortho-benzyl para-chlorophenol, para-tertiatry-
amylphenol, and ortho-phenylphenol in laboratories to control prions; 
April 15, 2010, to April 15, 2013. Contact: Princess Campbell.

Florida

Department of Agriculture and Consumer Services
Specific exemption: EPA authorized the use of novaluron on strawberries 
to control sap beetles; December 31, 2009 to December 31, 2010. 
Contact: Marcel Howard.
Quarantine: EPA authorized the use of metconazole on sugarcane to 
control orange rust (Puccinia kuehnii); October 1, 2009, to December 
31, 2011. Contact: Libby Pemberton.
    EPA authorized the use of pyraclostrobin on sugarcane to control 
orange rust (Puccinia kuehnii); October 1, 2009, to December 31, 2011. 
Contact: Libby Pemberton.

Idaho

Department of Agriculture
Crisis: On June 24, 2010, for the use of diflubenzuron on alfalfa to 
control grasshoppers and Mormon crickets. A specific exemption request 
has been submitted to the Agency and this program is expected to end on 
October 31, 2010. Contact: Andrea Conrath.
Specific exemption: EPA authorized the use of linuron on lentils to 
control mayweed chamomile or dog fennel (Anthemis cotula) and prickly 
lettuce (Lactuca serriola L.); December 30, 2009 to June 20, 2010. 
Contact: Andrea Conrath.
    EPA authorized the use of spirotetramat on dry bulb onions to 
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri 
Grinstead.
    EPA authorized the use of hexythiazox on sweet corn to control 
mites; May 27, 2010 to August 20, 2010. Contact: Stacey Groce.

Illinois

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; October 2, 2009 to October 1, 2010. Contact: 
Stacey Groce.
    EPA authorized the use of mandipropamid on basil to control downy 
mildew; May 28, 2010 to October 15, 2010. Contact: Marcel Howard.
    EPA authorized the use of cyazofamid on basil to control downy 
mildew; June 15, 2010 to October 15, 2010. Contact: Marcel Howard.

Indiana

Office of Indiana State Chemist
Specific exemption: EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; April 15, 2010 to October 1, 2010. Contact: 
Stacey Groce.

Iowa

Department of Agriculture and Land Stewardship
Specific exemption: EPA authorized the use of sulfentrazone on 
strawberry to control broadleaf weeds; June 25, 2010 to December 15, 
2010. Contact: Andrea Conrath.

Kentucky

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; November 20, 2009 to October 1, 2010. Contact: 
Stacey Groce.

Louisiana

Department of Agriculture and Forestry
Specific exemption: EPA authorized the use of anthraquinone on field 
and sweet corn seed to repel crows and blackbird species; February 23, 
2010 to February 23, 2011. Contact: Marcel Howard.
    EPA authorized the use of anthraquinone on rice seed to repel 
blackbird species; April 1, 2010 to April 1, 2011. Contact: Marcel 
Howard.

Massachusetts

Department of Food and Agriculture
Specific exemption: EPA authorized the use of quinclorac on cranberries 
to control dodder; March 12, 2010 to July 31, 2010. Contact: Marcel 
Howard.

Michigan

Department of Agriculture
Crisis: On June 17, 2010, for the use of spinosad on wooded areas to 
control emerald ash borer. This program ended on July 1, 2010. Contact: 
Libby Pemberton.
Specific exemption: EPA authorized the use of anthraquinone on field 
and sweet corn seed to repel sand hill cranes; February 1, 2010 to 
January 21, 2011. Contact: Marcel Howard.
    EPA authorized the use of kasugamycin on apples to control fire 
blight; April 22, 2010 to April 1, 2011. Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to 
control thrips; May 5, 2010 to September 30, 2010. Contact: Keri 
Grinstead.
    EPA authorized the use of abamectin on dry bulb onions to control 
thrips; June 14, 2010 to September 30, 2010. Contact: Keri Grinstead.
    EPA authorized the use of sulfentrazone on strawberry to control 
broadleaf weeds; June 25, 2010 to December 15, 2010. Contact: Andrea 
Conrath.

Minnesota


[[Page 51038]]


Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; February 18, 2010 to October 1, 2010. Contact: 
Stacey Groce.
    EPA authorized the use of anthraquinone on field and sweet corn 
seed to repel sand hill cranes; February 26, 2010 to February 26, 2011. 
Contact: Marcel Howard.

Mississippi

Department of Agriculture and Commerce
Specific exemption: EPA authorized the use of anthraquinone on field 
and sweet corn seed to repel crows and blackbird species; March 12, 
2010 to March 12, 2011. Contact: Marcel Howard.

Missouri

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; February 18, 2010 to October 1, 2010. Contact: 
Stacey Groce.

Nevada

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb 
onions to control thrips; June 7, 2010 to September 15, 2010. Contact: 
Keri Grinstead.

New Hampshire

Department of Agriculture
Crisis: On March 11, 2010, for the use of sodium hypochlorite on 
surfaces and items to control Bacillus anthracis. This program ended on 
March 30, 2010. Contact: Princess Campbell.

New Jersey

Department of Environmental Protection
Specific exemption: EPA authorized the use of quinclorac on cranberries 
to control dodder; April 19, 2010 to December 15, 2010. Contact: Marcel 
Howard.

New Mexico

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb 
onions to control thrips; May 5, 2010 to October 31, 2010. Contact: 
Keri Grinstead.

New York

Department of Environmental Conservation
Specific exemption: EPA authorized the use of abamectin on dry bulb 
onions to control thrips; March 12, 2010 to September 15, 2010. 
Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to 
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri 
Grinstead.

North Dakota

Department of Agriculture
Specific exemption: EPA authorized the use of anthraquinone on field 
and sweet corn seed to repel ring-necked pheasants; April 7, 2010 to 
April 7, 2011. Contact: Marcel Howard.
    EPA authorized the use of sulfentrazone on flax to control kochia; 
May 7, 2010 to June 30, 2010. Contact: Andrea Conrath.

Ohio

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb 
onions to control thrips; May 5, 2010 to September 15, 2010. Contact: 
Keri Grinstead.
    EPA authorized the use of sulfentrazone on strawberry to control 
broadleaf weeds; June 20, 2010 to December 15, 2010. Contact: Andrea 
Conrath.

Oklahoma

Department of Agriculture
Specific exemption: EPA authorized the use of nicosulfuron on 
Bermudagrass and hayfields to control sandbur species; April 1, 2010 to 
June 30, 2010. Contact: Stacey Groce.

Oregon

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives 
to control varroa mites; October 8, 2009 to October 1, 2010. Contact: 
Stacey Groce.
    EPA authorized the use of fenoxaprop-p-ethyl on grasses grown for 
seed to control annual grassy weeds; February 12, 2010 to September 20, 
2010. Contact: Andrea Conrath.
    EPA authorized the use of sulfentrazone on strawberry to control 
broadleaf weeds; March 24, 2010 to February 28, 2010. Contact: Andrea 
Conrath.
    EPA authorized the use of fipronil on rutabaga and turnip to 
control the cabbage maggot; April 15, 2010 to September 30, 2010. 
Contact: Andrea Conrath.
    EPA authorized the use of bifenthrin on orchardgrass to control the 
orchardgrass billbug; April 15, 2010 to November 15, 2010. Contact: 
Andrea Conrath.
    EPA authorized the use of spirotetramat on dry bulb onions to 
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri 
Grinstead.

South Dakota

Department of Agriculture
Crisis: On June 14, 2010, for the use of diflubenzuron on alfalfa to 
control grasshoppers and Mormon crickets. A specific exemption request 
has been submitted to the Agency and this program is expected to end on 
October 31, 2010. Contact: Andrea Conrath.
Specific exemption: EPA authorized the use of anthraquinone on field 
and sweet corn seed to repel ring-necked pheasants; April 7, 2010 to 
April 7, 2011. Contact: Marcel Howard.
    EPA authorized the use of anthraquinone on sunflower seed to repel 
ring-necked pheasants; April 15, 2010 to April 15, 2011. Contact: 
Marcel Howard.

Texas

Department of Agriculture
Specific exemption: EPA authorized the use of anthraquinone on field 
and sweet corn seed to repel sand hill cranes; March 8, 2010 to March 
8, 2011. Contact: Marcel Howard.
    EPA authorized the use of nicosulfuron on Bermudagrass and 
hayfields to control sandbur species; April 1, 2010 to June 30, 2010. 
Contact: Stacey Groce.
    EPA authorized the use of dinotefuran on rice to control rice stink 
bug (Oebalus pugnax); May 14, 2010 to October 30, 2010. Contact: Libby 
Pemberton.
Quarantine: EPA authorized the use of fipronil in an expansion of the 
registered use around outside structures up to 10 feet up and out to 
control a newly-introduced strain or species of Caribbean crazy ant; 
October 21, 2009, to October 21, 2012. Contact: Andrea Conrath.
    EPA authorized the use of metconazole on sugarcane to control 
orange rust (Puccinia kuehnii); June 14, 2010, to June 14, 2013. 
Contact: Libby Pemberton.
    EPA authorized the use of pyraclostrobin on sugarcane to control 
orange rust (Puccinia kuehnii); June 14, 2010, to June 14, 2013. 
Contact: Libby Pemberton.

Utah

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb 
onions to control thrips; May 5, 2010 to September 1, 2010. Contact: 
Keri Grinstead.

Vermont

Department of Agriculture
Crisis: On April 26, 2010, for the use of anthraquinone on field and 
sweet corn seed to repel crow and blackbird species. A specific 
exemption request

[[Page 51039]]

has been submitted to the Agency and this program is expected to end on 
December 31, 2010. Contact: Marcel Howard.

Washington

Department of Agriculture
Specific exemption: EPA authorized the use of linuron on lentils to 
control mayweed chamomile or dog fennel (Anthemis cotula) and prickly 
lettuce (Lactuca serriola L.); December 30, 2009 to June 20, 2010. 
Contact: Andrea Conrath.
    EPA authorized the use of sulfentrazone on strawberry to control 
broadleaf weeds; March 24, 2010 to February 28, 2011. Contact: Andrea 
Conrath.
    EPA authorized the use of spirotetramat on dry bulb onions to 
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri 
Grinstead.
    EPA authorized the use of abamectin on dry bulb onions to control 
thrips; June 14, 2010 to September 15, 2010. Contact: Keri Grinstead.

Wisconsin

Department of Agriculture, Trade, and Consumer Protection
Crisis: On May 21, 2010, for the use of zoxamide on ginseng to control 
phytophthora blight. This program ended on June 5, 2010. Contact: 
Stacey Groce.
Specific exemption: EPA authorized the use of anthraquinone on field 
and sweet corn seed to repel sand hill cranes; February 26, 2010 to 
February 26, 2011. Contact: Marcel Howard.
    EPA authorized the use of fenpyroximate in beehives to control 
varroa mites; March 9, 2010 to October 1, 2010. Contact: Stacey Groce.
    EPA authorized the use of abamectin on dry bulb onions to control 
thrips; March 12, 2010 to September 15, 2010. Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to 
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri 
Grinstead.
    EPA authorized the use of sulfentrazone on strawberry to control 
broadleaf weeds; June 20, 2010 to December 15, 2010. Contact: Andrea 
Conrath.

Wyoming

Department of Agriculture
Crisis: On May 28, 2010, for the use of diflubenzuron on alfalfa to 
control grasshoppers and Mormon crickets. A specific exemption request 
has been submitted to the Agency and this program is expected to end on 
October 31, 2010. Contact: Andrea Conrath.

B. Federal Departments and Agencies

Agriculture Department

Animal and Plant Health Inspection Service (APHIS)
Crisis: On May 4, 2010, for the use of methyl bromide on imported 
avocados, bananas, opuntia, plantains, bulb vegetables, edible cacti, 
Brassica leafy vegetables, cucurbit vegetables, leafy vegetables, 
leaves of root and tuber vegetables, root and tuber vegetables, edible 
podded legume vegetables, figs, fresh herbs and spices, ivy gourd, 
Kaffir lime leaves, kiwi fruit, longan, lychee fruit, fresh and dried 
mint, okra, pomegranate, pointed gourd, rambutan, seeds in the family 
Malvacceae, small fruits and berries, and stone fruit to control 
various plant pests not currently established in the United States. 
APHIS has submitted a quarantine exemption to the Agency and this 
program is expected to end on May 4, 2011. Contact: Libby Pemberton.
    On June 5, 2010, for the use of diazinon on containment areas and 
equipment to control exotic fruit flies. A quarantine exemption request 
has been submitted to the Agency and this program is expected to end on 
June 15, 2011. Contact: Stacey Groce.
Quarantine: EPA authorized the use of ethylene oxide to sterilize the 
interior surfaces of enclosed animal isolator units; March 11, 2010, to 
March 11, 2013. Contact: Princess Campbell.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 10, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2010-20445 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S