[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69729-69730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28940]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0700; FRL-8892-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

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 July 1, 2011 to September 30, 2011, 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) 306-0309.

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 
or denial 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-2011-0700. 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 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.
    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 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
    Crisis: On August 9, 2011, for the post harvest use of sulfur 
dioxide on figs to control gray mold caused by Botrytis cinerea (B. 
cinerea); this program will end on December 31, 2011. Contact: Libby 
Pemberton.
    Specific Exemption: EPA authorized the use of lambda-cyhalothrin on 
asparagus to control aphids; July 12, 2011 to October 31, 2011. 
Contact: Libby Pemberton.
    EPA authorized the use of abamectin on bean, lima, dry to control 
spider mites; July 6. 2011 to March 31, 2012. Contact: Keri Grinstead.
Florida
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; August 17, 2011 to December 31, 2011. 
Contact: Stacey Groce.
Kentucky
Department of Agriculture
    Specific Exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; July 12, 2011 to December 31, 2011. 
Contact: Stacey Groce.
Louisiana
Department of Agriculture and Forestry
    Specific Exemption: EPA authorized the use of dinotefuran on rice 
to control

[[Page 69730]]

rice stink bug (Oebalus pugnax); July 12, 2011, to October 30, 2011. 
Contact: Libby Pemberton.
Nebraska
Department of Agriculture
    Denial: On September 12, 2011, EPA denied the use of a product 
containing the two active ingredients, rimsulfuron and thifensulfuron 
methyl, to control weeds in chicory cultivation. Contact: Andrea 
Conrath.
New Jersey
Department of Environmental Protection
    Specific Exemption: EPA authorized the use of quinclorac on 
cranberry to control dodder; July 12, 2011 to December 15, 2011. 
Contact: Marcel Howard.
Ohio
Department of Agriculture
    Specific Exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; August 15, 2011 to December 31, 2011. 
Contact: Stacey Groce.
Oregon
Department of Agriculture
    Specific Exemption: EPA authorized the use of quinclorac on 
cranberry to control yellow loosestrife; August 8, 2011 to August 31, 
2011. Contact: Marcel Howard.
Utah
Department of Agriculture and Food
    Specific Exemption: EPA authorized the use of hop beta acids in 
beehives to control varroa mite; July 15, 2011 to December 31, 2011. 
Contact: Stacey Groce.
Washington
Department of Agriculture
    Specific Exemption: EPA authorized the use of lambda-cyhalothrin on 
asparagus to control aphids; July 12, 2011 to September 30, 2011. 
Contact: Libby Pemberton.
    EPA authorized the use of quinclorac on cranberry to control yellow 
loosestrife; August 8, 2011 to August 31, 2011. Contact: Marcel Howard.
Wyoming
Department of Agriculture
    Denial: On September 12, 2011, EPA denied the use of a product 
containing the two active ingredients, rimsulfuron and thifensulfuron 
methyl, to control weeds in chicory cultivation. Contact: Andrea 
Conrath.

B. Federal Departments and Agencies

Department of Defense
U.S. Army Research Institute of Infectious Diseases (USAMRIID)
    Quarantine: EPA authorized the use of paraformaldehyde to 
decontaminate biological containment areas, biological safety cabinets 
and equipment, and high efficiency particulate air (HEPA) filters in 
the ventilation system to prevent the release of infectious 
microorganisms from containment areas; September 27, 2011 to September 
27, 2014. Contact: Princess Campbell.
Department of Homeland Security
Batelle National Biodefense Institute (BNBI)
    Quarantine: EPA authorized the use of paraformaldehyde to 
decontaminate microbiological containment areas, biological safety 
cabinets and equipment, and high efficiency particulate air (HEPA) 
filters in the ventilation system to prevent the release of infectious 
microorganisms from containment areas; September 27, 2011 to September 
27, 2014. Contact: Princess Campbell.

List of Subjects

    Environmental protection, Antimicrobials, Health and safety, 
Pesticides and pests.

    Dated: October 27, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-28940 Filed 11-8-11; 8:45 am]
BILLING CODE 6560-50-P