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November 27, 2002. Federal Register.

EPA approved the use of the following organofluorine pesticides for Emergency Exemptions:
Bifenthrin, Cyfluthrin, Diflubenzuron, Fludioxonil, Fluroxypur, Indoxacarb, lambda-Cyhalothrin, Sulfentrazone .

EPA denied the use of flumioxazin for an Emergency Exemption.

http://www.epa.gov/fedrgstr/EPA-PEST/2002/November/Day-27/p30123.htm

[Federal Register: November 27, 2002 (Volume 67, Number 229)]
[Notices]
[Page 70946-70949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no02-59]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2002-0313; FRL-7280-9]

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 July 1, 2002 until September 30, 2002 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 a federal
or state government agency involved in administration of environmental
quality programs (i.e., Departments of Agriculture, Environment, etc).
Potentially affected entities may include, but are not limited to:
    [sbull]
Federal or State Government Entity, (NAICS 9241), i.e.,
Departments of Agriculture, Environment, etc.
    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 (ID) number OPP-2002-0313. 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,
1921 Jefferson Davis Hwy., 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 http://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

[[Page 70947]]

Dockets at http://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

Arizona
Department of Agriculture
Specific: EPA authorized the use of metolachlor on spinach to control
broadleaf weeds; September 6, 2002 to May 15, 2003. Contact: (Andrew
Ertman)

Arkansas
State Plant Board
Specific: EPA authorized the use of emamectin benzoate on cotton to
control beet armyworms and tobacco budworms; July 12, 2002 to September
30, 2002. Contact: (Andrea Conrath)
EPA authorized the use of spinosad on pastureland and rangeland to
control fall armyworms and true armyworms; July 15, 2002 to December
31, 2002. Contact: (Andrew Ertman)

California
Environmental Protection Agency, Department of Pesticide Regulation
Specific: EPA authorized the use of fenhexamid on Bosc and Asian pears
to control gray mold; July 16, 2002 to October 1, 2002. Contact:
(Barbara Madden)
EPA authorized the use of imidacloprid on commercial stone fruit,
almonds, and blueberries to control the glassy-winged sharpshooter;
June 22, 2002 to June 22, 2003. Contact: (Andrew Ertman)
EPA authorized the use of carbofuran on cotton to control aphids;
August 2, 2002 to October 30, 2002. Contact: (Dan Rosenblatt)
EPA authorized the use of zinc phosphide on alfalfa to control
California and montane voles; September 9, 2002 to May 31, 2003.
Contact: (Libby Pemberton)

Colorado
Department of Agriculture
Crisis: On June 4, 2002, for the use of sulfentrazone on potatoes to
control broadleaf weeds. This program ended on July 1, 2002. Contact:
(Andrew Ertman)
On June 20, 2002, for the use of metsulfuron-methyl on sorghum to
control triazine-resistant broadleaf weeds. This program ended on
August 25, 2002. Contact: (Andrew Ertman)
On June 6, 2002, for the use of permethrin on turnip greens to control
flea beetles. This program ended on October 15, 2002. Contact: (Andrea
Conrath)

Georgia
Department of Agriculture
Denial: On July 18, 2002, EPA denied the use of tebuconazole on
cucurbits to control gummy stem blight disease. This request was denied
because of the Agency's inability at this time to reach a ``reasonable
certainty of no harm'' finding regarding health effects which may
result if this use were to occur. Contact: (Barbara Madden).
Specific: EPA authorized the use of diuron on catfish ponds to control
blue-green algae; September 10, 2002 to September 10, 2003. Contact:
(Libby Pemberton)

Idaho
Department of Agriculture
Crisis: On June 21, 2002, for the use of azoxystrobin on chickpeas to
control Ascochyta blight. This program ended on September 30, 2002.
Contact: (Libby Pemberton)
Specific: EPA authorized the use of azoxystrobin on chickpeas to
control Ascochyta blight; July 1, 2002 to September 30, 2002. Contact:
(Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)
EPA authorized the use of chlorine dioxide on stored potatoes to
control late blight; August 31, 2002 to August 31, 2003. Contact:
(Andrew Ertman)

Kansas
Department of Agriculture
Crisis: On July 8, 2002, for the use of fluroxypur [sic - fluroxypyr] on grain sorghum to
control kochia. This program ended on July 23, 2002. Contact: (Libby
Pemberton)
Specific: EPA authorized the use of bifenthrin on sorghum grown for
seed to control banks grass mite; August 16, 2002 to September 30,
2002. Contact: (Andrea Conrath)

Louisiana
Department of Agriculture and Forestry
Crisis: On May 3, 2002, for the use of bifenthrin on sweet potatoes to
control soil beetles and sweet potato weevils. This program is expected
to end on November 30, 2002. Contact: (Andrea Conrath)
On May 6, 2002, for the use of sulfentrazone on sugarcane to control
morning glories. This program is expected to end on December 31, 2002.
Contact: (Andrew Ertman)
On May 31, 2002, for the use of methoxyfenozide on field corn to
control Southwestern corn borer and Sugarcane borer. This program ended
on August 15, 2002. Contact: (Barbara Madden)
Denial: On July 18, 2002, EPA denied the use of flumioxazin on cotton
to control weeds. This request was denied because it did not meet the
criteria of an urgent, non-routine situation based on

[[Page 70948]]

the availability of registered alternatives. Contact: (Libby
Pemberton).
Specific: EPA authorized the use of sulfentrazone on sugarcane to
control morning glories; May 6, 2002 to December 31, 2002. Contact:
(Andrew Ertman)
EPA authorized the use of carbofuran on rice to control rice weeil;
June 19, 2002 to July 31, 2002. This request was originally granted due
to reported failures of the registered alternative in controlling rice
weevils. However, on July 24, 2002 this specific emergency exemption
was revoked after additional information submitted to the Agency
indicated the registered alternative had not failed. Additionally, EPA
received compelling feedback from the public in response to the
solicitation of comments about this program from the public in a June
27, 2002, Federal Register notice. The public, governmental
organizations, and non- governmental organizations, overwhelmingly
expressed their opposition to any ongoing use of granular carbofuran
under this section 18. Contact: (Daniel Rosenblatt).
EPA authorized the use of methoxyfenozide on field corn to control
Southwestern corn borer and Sugarcane borer; July 5, 2002 to August 15,
2002. Contact: (Barbara Madden)
EPA authorized the use of lambda-cyhalothrin on sugarcane to control
sugarcane borers; July 12, 2002 to September 15, 2002. Contact: (Andrew
Ertman)
EPA authorized the use of bifenthrin on sweet potatoes to control soil
beetles and sweet potato weevils; July 19, 2002 to November 30, 2002.
Contact: (Andrea Conrath)
EPA authorized the use of tebufenozide on sweet potatoes to control
beet armyworms; July 25, 2002 to October 31, 2002. Contact: (Andrew
Ertman)

Maryland
Department of Agriculture
Crisis: On August 6, 2002, for the use of diquat on private ponds to
control weeds associated with the invasive snakehead fish. This program
ended on October 31, 2002. Contact: (Andrea Conrath)
Specific: EPA authorized the use of metolachlor on spinach to control
broadleaf weeds; September 6, 2002 to April 30, 2003. Contact: (Andrew
Ertman)

Massachusetts
Massachusetts Department of Food and Agriculture
Crisis: On June 7, 2002, for the use of indoxacarb on cranberry to
control weevils. This program ended on October 1, 2002. Contact:
(Andrea Conrath)
Specific: EPA authorized the use of imidacloprid on blueberries to
control oriental beetles; June 24, 2002 to August 15, 2002. Contact:
(Andrew Ertman)
EPA authorized the use of imidacloprid on strawberries to control white
grubs; July 1, 2002 to August 7, 2002. Contact: (Andrew Ertman)

Michigan
Michigan Department of Agriculture
Specific: EPA authorized the use of imidacloprid on blueberries to
control Japanese beetle grubs and adults; June 11, 2002 to September
30, 2002. Contact: (Andrew Ertman)

Minnesota
Department of Agriculture
Specific: EPA authorized the use of lambda-cyhalothrin on wild rice to
control rice worms; July 25, 2002 to September 10, 2002. Contact:
(Andrew Ertman)
EPA authorized the use of chlorine dioxide on stored potatoes to
control late blight; August 31, 2002 to August 31, 2003. Contact:
(Andrew Ertman)

Mississippi
Department of Agriculture and Commerce
Denial: On July 18, 2002 EPA denied the use of flumioxazin on cotton to
control weeds. This request was denied because it did not meet the
criteria of an urgent, non-routine situation based on the availability
of registered alternatives. Contact: (Libby Pemberton).
Specific: EPA authorized the use of emamectin benzoate on cotton to
control beet armyworms and tobacco budworms; July 12, 2002 to September
30, 2002. Contact: (Andrea Conrath)
EPA authorized the use of bifenthrin on sweet potatoes to control soil
beetles; July 19, 2002 to September 30, 2002. Contact: (Andrea Conrath)
EPA authorized the use of tebufenozide on sweet potatoes to control
beet armyworms; August 29, 2002 to October 15, 2002. Contact: (Andrew
Ertman)

Montana
Department of Agriculture
Crisis: On June 26, 2002, for the use of azoxystrobin on chickpeas to
control Ascochyta blight. This program ended on August 15, 2002.
Contact: (Libby Pemberton)
On July 8, 2002, for the use of azoxystrobin on safflower to control
Alternaria leaf spot. This program ended on August 15, 2002. Contact:
(Libby Pemberton)
Specific: EPA authorized the use of lambda-cyhalothrin on barley to
control the Russian wheat aphid and the cereal leaf beetle; June 24,
2002 to July 30, 2002. Contact: (Andrew Ertman)
EPA authorize the use of azoxystrobin on chickpeas to control Ascochyta
blight; July 1, 2002 to August 31, 2002. Contact: (Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)

Nebraska
Department of Agriculture
Crisis: On May 21, 2002, for the use of sulfentrazone on potatoes to
control broadleaf weeds. This program ended on July 1, 2002. Contact:
(Andrew Ertman)
On July 19, 2002, for the use of azoxystrobin on chickpeas to control
Ascochyta blight. This program ended on August 2, 2002. Contact: (Libby
Pemberton)

Nevada
Department of Agriculture
Specific: EPA authorized the use of chlorine dioxide on stored potatoes
to control late blight; September 10, 2002 to August 31, 2003. Contact:
(Andrew Ertman)

New Jersey
Department of Environmental Protection
Crisis: On June 3, 2002, for the use of propyzamide on cranberries to
control dodder. This program is expected to end on December 15, 2002.
Contact: (Andrew Ertman)
Specific: EPA authorized the use of metolachlor on spinach to control
broadleaf weeds; June 3, 2002 to May 1, 2003. Contact: (Andrew Ertman)
EPA authorized the use of halosulfuron-methyl on asparagus to control
yellow nutsedge; July 5, 2002 to December 1, 2002. Contact: (Barbara
Madden)
EPA authorized the use of propyzamide on cranberries to control dodder;
July 18, 2002 to December 15, 2002. Contact: (Andrew Ertman)

North Carolina
Department of Agriculture
Crisis: On August 12, 2002, for the use of tebufenozide on sweet
potatoes to control beet armyworms. This program is expected to end on
November 15, 2002. Contact: (Andrew Ertman)
Specific: EPA authorized the use of diuron on catfish ponds to control
blue-green algae; July 12, 2002 to November 30, 2002. Contact: (Libby
Pemberton)
EPA authorized the use of tebufenozide on sweet potatoes to control
beet armyworms; August 12, 2002 to November 15, 2003. Contact: (Andrew
Ertman)

North Dakota
Department of Agriculture
Crisis: On July 10, 2002, for the use of azoxystrobin on safflower to
control Alternaria leaf spot. This program

[[Page 70949]]

ended on August 15, 2002. Contact: (Libby Pemberton)
On July 30, 2002, for the use of zeta-cypermethrin on flax to control
grasshoppers. This program ended on September 15, 2002. Contact: (Libby
Pemberton)
Specific: EPA authorized the use of azoxystrobin on chickpeas to
control Ascochyta blight; July 1, 2002 to August 31, 2002. Contact:
(Libby Pemberton)

Oregon
Department of Agriculture
Specific: EPA authorized the use of fludioxonil on peaches to control
brown rot, gray mold, and Rhizopus rot; July 2, 2002 to September 30,
2002. Contact: (Andrew Ertman)
EPA authorized the use of fludioxonil on cherries to control brown rot,
gray mold, and Rhizopus rot; July 2, 2002 to August 15, 2002. Contact:
(Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)
EPA authorized the use of ethoprop on baby mint to control garden
symphylan; August 19, 2002 to September 15, 2002. Contact: (Dan
Rosenblatt)
EPA authorized the use of chlorine dioxide on stored potatoes to
control late blight; August 31, 2002 to August 31, 2003. Contact:
(Andrew Ertman)

Pennsylvania
Department of Agriculture
Specific: EPA authorized the use of sulfentrazone on strawberries to
control common groundsel; June 26, 2002 to December 15, 2002. Contact:
(Andrew Ertman)

South Dakota
Department of Agriculture
Specific: EPA authorized the use of azoxystrobin on chickpeas to
control Ascochyta blight; July 1, 2002 to August 31, 2002. Contact:
(Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on stored
grains to control the lesser grain borer; July 24, 2002 to July 17,
2003. Contact: (Andrew Ertman)

Tennessee
Department of Agriculture
Specific: EPA authorized the use of carbofuran on cotton to control
aphids; August 2, 2002 to October 30, 2002. Contact: (Dan Rosenblatt)

Texas
Department of Agriculture
Specific: EPA authorized the use of fenbuconazole on grapefruit to
control greasy spot disease; August 9, 2002 to August 9, 2003. Contact:
(Andrea Conrath)
EPA authorized the use of bifenthrin on sorghum grown for seed to
control banks grass mite; August 16, 2002 to August 16, 2003. Contact:
(Andrea Conrath)
EPA authorized the use of chlorine dioxide on stored potatoes to
control late blight; August 31, 2002 to August 31, 2003. Contact:
(Andrew Ertman)
EPA authorized the use of diuron on catfish ponds to control blue-green
algae; September 10, 2002 to September 10, 2003. Contact: (Libby
Pemberton)

Utah
Department of Agriculture
Crisis: On May 14, 2002, for the use of diflubenzuron on alfalfa to
control grasshoppers and crickets. This program ended on October 31,
2002. Contact: (Andrea Conrath)
Specific: EPA authorized the use of diflubenzuron on alfalfa to control
grasshoppers and crickets; September 13, 2002 to October 31, 2002.
Contact: (Andrea Conrath)

Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of tebufenozide on grapes to control
Grape berry moth; July 5, 2002 to October 1, 2002. Contact: (Barbara
Madden)

Washington
Department of Agriculture
Crisis: On June 21, 2002, for the use of azoxystrobin on chickpeas to
control Ascochyta blight. This program ended on September 30, 2002.
Contact: (Libby Pemberton)
Specific: EPA authorized the use of azoxystrobin on chickpeas to
control Ascochyta blight; July 1, 2002 to September 30, 2002. Contact:
(Libby Pemberton)
EPA authorized the use of zinc phosphide on timothy and timothy legume
mixtures to control vole complex; July 25, 2002 to May 1, 2003.
Contact: (Libby Pemberton)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on wheat
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)
EPA authorized the use of cyfluthrin and chlorpyrifos-methyl on barley
to control the lesser grain borer; August 1, 2002 to July 31, 2003.
Contact: (Andrew Ertman)
EPA authorized the use of chlorine dioxide on stored potatoes to
control late blight; August 31, 2002 to August 31, 2003. Contact:
(Andrew Ertman)

Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific: EPA authorized the use of chlorine dioxide on stored potatoes
to control late blight; August 31, 2002 to August 31, 2003. Contact:
(Andrew Ertman)

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
Quarantine: EPA authorized the use of acetominophen in Guam and the
Commonwealth of Northern Mariana Islands to control the invasive brown
tree snake; July 17, 2002, to July 17, 2005. Contact: (Andrea Conrath)
Defense Department
Quarantine: EPA authorized the use of paraformaldehyde on United States
Army, Medical Research Institute of Infectious Diseases (USAMRIID)
facility to control infectious microorganisms from containment areas;
July 24, 2002, to July 24, 2005. Contact: (Libby Pemberton)

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: November 16, 2002.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.
FR Doc. 02-30123 Filed 11-26-02; 8:45 am
BILLING CODE 6560-50-S