[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31930]


[Federal Register: December 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-180954; FRL-4922-5]


Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted specific exemptions for the control of various 
pests to the 16 States listed below. There were 14 crisis exemptions 
initiated by various States. These exemptions, issued during the months 
of April, May, June, July, August, September, and October 1994, are 
subject to application and timing restrictions and reporting 
requirements designed to protect the environment to the maximum extent 
possible. EPA has denied four specific exemption requests. Information 
on these restrictions is available from the contact persons in EPA 
listed below.

DATES: See each specific and crisis exemption for its effective date.

FOR FURTHER INFORMATION CONTACT: See each emergency exemption for the 
name of the contact person. The following information applies to all 
contact persons: By mail: Registration Division (7505W), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number: 6th Floor, 
CS #1, 2800 Jefferson Davis Highway, Arlington, VA, (703-308-8417).

SUPPLEMENTARY INFORMATION: EPA has granted specific exemptions to the:
    1. Alabama Department of Agriculture and Industries for the use of 
tebufenozide on cotton to control beet armyworms; August 23, 1994, to 
September 30, 1994. (Margarita Collantes)
    2. Arizona Department of Agriculture for the use of avermectin on 
lettuce to control leafminers; August 10, 1994, to August 9, 1995. 
(Larry Fried)
    3. Arizona Department of Agriculture for the use of bifenthrin on 
fall melon crop to control the sweet potato, or silverleaf whitefly; 
August 11, 1994, to November 1, 1994. (Andrea Beard)
    4. Arizona Department of Agriculture for the use of avermectin on 
melons to control leafminers; August 25, 1994, to August 24, 1995. 
Arizona had initiated a crisis exemption for this use. (Larry Fried)
    5. Arizona Department of Agriculture for the use of bifenthrin on 
broccoli, cauliflower, cabbage, and lettuce to control the silverleaf 
whitefly; August 12, 1994, to May 15, 1995. (Andrea Beard)
    6. Arizona Department of Agriculture for the use of imidacloprid on 
broccoli, cauliflower, cabbage, and lettuce to control the silverleaf 
whitefly; August 12, 1994, to May 15, 1995. A notice published in the 
Federal Register of July 27, 1994 (59 FR 38171). The situation was 
determined to be urgent and nonroutine, registered materials were not 
providing adequate control, and significant economic loss could occur 
if this pest is not adequately controlled. (Andrea Beard)
    7. Arkansas Department of Agriculture for the use of fomesafen on 
snap beans to control weeds; June 1, 1994, to September 10, 1994. 
Arkansas had initiated a crisis exemption for this use. (Larry Fried)
    8. California Environmental Protection Agency for the use of 
imidacloprid on broccoli, cauliflower, cabbage, lettuce, and rapini to 
control the silverleaf whitefly; August 12, 1994 to April 30, 1995. A 
notice of receipt published in the Federal Register of June 22, 1994 
(59 FR 32206). The situation was determined to be urgent and 
nonroutine, registered materials are not providing adequate control and 
significant economic loss could occur if this pest is not adequately 
controlled. (Andrea Beard)
    9. California Environmental Protection Agency for the use of 
bifenthrin on broccoli, cauliflower, cabbage, lettuce, and rapini to 
control the silverleaf whitefly; August 12, 1994, to April 30, 1995. 
(Andrea Beard)
    10. California Department of Pesticide Regulation for the use of 
methyl bromide on carrots to control nematodes; August 31, 1994, to 
August 30, 1995. (Libby Pemberton)
    11. California Environmental Protection Agency for the use of 
avermectin on lettuce to control leafminers; August 10, 1994, to August 
9, 1995. (Larry Fried)
    12. California Environmental Protection Agency for the use of 
avermectin on tomatoes to control leafminers; July 20, 1994, to July 
19, 1995. (Larry Fried)
    13. California Environmental Protection Agency for the use of 
avermectin on bell peppers to control leafminers; August 19, 1994, to 
August 18, 1995. (Larry Fried)
    14. California Environmental Protection Agency for the use of 
avermectin on melons to control leafminers; July 11, 1994, to November 
1, 1994. (Larry Fried)
    15. California Environmental Protection Agency, Department of 
Pesticide Regulation, for the use of Pro-Gro (carboxim/thiram) on onion 
seed to control onion smut; September 7, 1994, to May 31, 1995. (Susan 
Stanton)
    16. California Environmental Protection Agency for the use of 
esfenvalerate on sugar beets to control granulate cutworms; September 
13, 1994, to March 1, 1995. (Andrea Beard)
    17. Florida Department of Agriculture and Consumer Services for the 
use of imazethapyr on lettuce, escarol, and endives to control pigweed; 
September 1, 1994, to August 31, 1995. (Margarita Collantes)
    18. Idaho Department of Agriculture for the use of pirimicarb on 
alfalfa grown for seed to control alfalfa aphid, pea aphid, and lygus 
bugs; June 13, 1994, to August 31, 1994. (Larry Fried)
    19. Idaho Department of Agriculture for the use of avermectin on 
hops to control spider mites; April 22, 1994, to September 20, 1994. 
(Larry Fried)
    20. Maryland Department of Agriculture for the use of metolachlor 
on spinach to control annual weeds; August 1, 1994, to April 1, 1995. 
(Margarita Collantes)
    21. Montana Department of Agriculture for the use of pirimicarb on 
alfalfa grown for seed to control alfalfa aphid, pea aphid, and lygus 
bugs; August 3, 1994, to September 30, 1994. (Larry Fried)
    22. Mississippi Department of Agriculture and Commerce Bureau for 
the use of tebufenozide on cotton to control beet armyworms; August 1, 
1994, to September 7, 1994. (Margarita Collantes)
    23. Nevada Department of Business and Industry, Division of 
Agriculture for the use of pirimicarb on alfalfa grown for seed to 
control alfalfa aphid, pea aphid, and lygus bugs; June 13, 1994, to 
August 31, 1994. (Larry Fried)
    24. New York Department of Environmental Conservation for the use 
of fomesafen on snap beans to control weeds; June 15, 1994, to August 
31, 1994. (Larry Fried)
    25. Oklahoma Department of Agriculture for the use of fomesafen on 
snap beans to control weeds; June 1, 1994, to July 1, 1994. Oklahoma 
had initiated a crisis exemption for this use. (Larry Fried)
    26. Oregon Department of Agriculture for the use of metolachlor on 
grasses grown for seed to control weeds and volunteer crop seedlings; 
September 9, 1994, to November 15, 1994. (Susan Stanton)
    27. Oregon Department of Agriculture for the use of pirimicarb on 
alfalfa grown for seed to control alfalfa aphid, pea aphid, and lygus 
bugs; June 13, 1994, to August 31, 1994. (Larry Fried)
    28. Oregon Department of Agriculture for the use of lactofen on 
snap beans to control weeds; May 31, 1994, to July 10, 1994. (Larry 
Fried)
    29. Oregon Department of Agriculture for the us of avermectin on 
hops to control spider mites; April 22, 1994, to September 20, 1994. 
(Larry Fried)
    30. Oregon Department of Agriculture for the use of oxyfluorfen on 
blackberries to control primocanes; April 5, 1994, to July 31, 1994. 
(Larry Fried)
    31. Oregon Department of Agriculture for the use of pronamide on 
grass grown for seed to control grassy weeds and volunteer crop 
seedlings; August 18, 1994, to January 20, 1995. (Susan Stanton)
    32. Oregon Department of Agriculture for the use of oxyfluorfen 
grass grown for seed to control grassy weeds and volunteer crop 
seedlings; August 18, 1994, to January 15, 1995. (Susan Stanton)
    33. South Carolina Division of Regulatory and Public Service 
Programs, College of Agricultural Sciences, Clemson University, for the 
use of tralomethrin on tomatoes to control stinkbugs; September 30, 
1994, to December 1, 1994. South Carolina had initiated crisis 
exemption for this use. (Andrea Beard)
    34. Texas Department of Agriculture for the use of metolachlor on 
spinach to control weeds; August 1, 1994, to April 1, 1995. Texas had 
initiated a crisis exemption for this use. (Margarita Collantes)
    35. Washington Department of Agriculture for the use of pirimicarb 
on alfalfa grown for seed to control alfalfa aphid, pea aphid, and 
lygus bugs; June 13, 1994, to August 31, 1994. (Larry Fried)
    36. Washington Department of Agriculture for the use of avermectin 
on hops to control spider mites; April 22, 1994, to September 20, 1994. 
(Larry Fried)
    Crisis exemptions were initiated by the:
    1. Arkansas State Plant Board on August 24, 1994, for the use of 
paraquat on grain sorghum to control weedy vegetation. This program has 
ended. (Susan Stanton)
    2. Colorado Department of Agriculture on August 25, 1994, for the 
use of cypermethrin on green onions to control leafminers. This program 
has ended. (Libby Pemberton)
    3. Georgia Department of Agriculture on August 3, 1994, for the use 
of iprodione on canola to control alternaria brassicicole. This program 
has ended. (Libby Pemberton)
    4. Illinois Department of Agriculture on June 22, 1994, for the use 
of fomesafen on lima beans to control puncture vine and black 
nightshade. This program has ended. (Larry Fried)
    5. Louisiana Department of Agriculture and Forestry on October 7, 
1994, for the use of metolachlor on spinach to control annual weeds. 
This program has ended. (Margarita Collantes)
    6. Louisiana Department of Agriculture and Forestry on September 3, 
1994, for the use of paraquat on corn to control excessive vegetation. 
This program has ended. (Susan Stanton)
    7. Michigan Department of Agriculture on July 13, 1994, for the use 
of avermectin on potatoes to control the Colorado potato beetle. The 
applicants' authority to issue crisis exemptions for the control of the 
Colorado potato beetle in Michigan was revoked October 7, 1994. This 
program has ended. (Libby Pemberton)
    8. Mississippi Department of Agriculture and Commerce on May 12, 
1994, for the use of fomesafen on snap beans to control annual weeds. 
This program has ended. (Larry Fried)
    9. Mississippi Department of Agriculture and Commerce on August 10, 
1994, for the use of paraquat on grain sorghum to control weeds. This 
program has ended. (Susan Stanton)
    10. Mississippi Department of Agriculture and Commerce on August 
19, 1994, for the use of paraquat on corn to control weeds. This 
program has ended. (Susan Stanton)
    11. Texas Department of Agriculture on September 12, 1994, for the 
use of metolachlor on spinach to control weeds. This program has ended. 
(Margarita Collantes)
    12. Texas Department of Agriculture on August 12, 1994, for the use 
of bifenthrin on grain sorghum to control Banks grass mites. This 
program has ended. (Andrea Beard)
    13. Texas Department of Agriculture on August 2, 1994, for the use 
of carbofuran on cotton to control aphids. This program has ended. 
(Susan Stanton)
    14. Virginia Department of Agriculture and Consumer Services on 
August 8, 1994, for the use of avermectin on fresh market tomatoes to 
control leafminers. This program has ended. (Larry Fried)
    EPA has denied specific exemption requests from the:
    1. Oregon Department of Agriculture for the use of pendimethalin on 
grass grown for seed to control grassy weed and volunteer crop 
seedlings. This specific exemption was denied because an emergency 
condition does not exist. (Susan Stanton)
    2. Texas Department of Agriculture for the use of lactofen on 
peanuts to control eclipta. This specific exemption was denied because 
an urgent nonroutine situation does not exist in spite of increased 
infestations of the weed eclipta. (Margarita Collantes)
    3. Texas Department of Agriculture for the use of flowable 
carbofuran on cotton to control the cotton aphid. The application 
proposed use of a pesticide which has been the subject of Special 
Review and was intended for use that could pose similiar risk. This 
specific exemption was denied because the applicant did not demonstrate 
that an emergency condition existed, or was likely to develop, when it 
issued the crisis exemption. Because of the high risk to birds and 
other wildlife, EPA could not make the finding required for approval of 
an emergency exemption that the use of flowable carbofuran to control 
the cotton aphid would not cause unreasonable adverse effects on the 
environment. (Susan Stanton)
    4. Wyoming Department of Agriculture for the use of hymexazol on 
sugar beet seed to control aphanomyces cochlioides. This specific 
exemption was denied because hymexazol is an unregistered fungicide and 
the Agency was not able to determine whether or not the proposed use 
would cause unreasonable adverse effects on the environment. (Larry 
Fried)

    Authority: 7 U.S.C. 136.

List of Subjects

    Environmental protection, Pesticides and pests, Crisis exemptions.

    Dated: December 15, 1994.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 94-31930 Filed 12-27-94; 8:45 am]
BILLING CODE 6560-50-F