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Fluroxypyr. December 20, 2000, Pesticide Emergency Exemptions. Federal Register.


NOTE from EC: We only list the fluoridated pesticides that appeared in this Notice. They are:

bifenthrin, carfentrazone-ethyl, diflubenzuron, ethalfluralin, fluazinam (4 denials, all for peanuts), fludioxonil, flufenacet, fluroxypyr, fomesafen, lambda-cyhalothrin, norflurazon, oxyfluorfen (2 denials: chili peppers and rhubard), trifloxystrobin.

http://www.epa.gov/fedrgstr/EPA-PEST/2000/December/Day-20/p32154.htm


[Federal Register: December 20, 2000 (Volume 65, Number 245)]
[Notices]
[Page 79842-79853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de00-71]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181078; FRL-6757-7]


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 December 1999 to November 2000 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, Ariel Rios Bldg., 1200 Pennsylvania
Ave., NW., Washington, DC 20460; 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 petition EPA
for authorization under section 18 of FIFRA to use pesticide products
which are otherwise unavailable for a given use. Potentially affected
categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                        Examples of
             Categories              NAICS codes   potentially affected
                                                         entities
------------------------------------------------------------------------
Federal Government                          9241  Federal agencies that
                                                   petition EPA for
                                                   section 18 pesticide
                                                   use authorization
State and Territorial government                  State agencies that
 agencies charged with pesticide                   petition EPA for
 authority                                         section 18 pesticide
                                                   use authorization
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be regulated by this
action. Other types of entities not listed in the table in this unit
could also be regulated. The North American Industrial Classification
System (NAICS) codes have been provided to assist you and others in
determining whether or not this action applies 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 Additional Information or Copies of this Document or
Other Documents?

    1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register--Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for
this action under docket control number OPP-181078. The official record
consists of the documents specifically referenced in this action, and
other information related to this action, including any information
claimed as Confidential Business Information (CBI). This official
record includes the documents that are physically located in the
docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period is available for
inspection in the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy.,
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

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

[[Page 79843]]

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

    Alabama
    Department of Agriculture and Industries

    Specific. EPA authorized the use of norflurazon on bermudagrass to
control annual grassy weeds; 2/24/00 to 7/31/00. Contact: (Libby
Pemberton)
    
    Arkansas
    State Plant Board

    Crisis. On 3/1/00, for the use of norflurazon on bermudagrass
pastures to control annual grassy weeds. This program ended on 9/15/00.
Contact: (Libby Pemberton)
    EPA authorized the use of norflurazon on bermudagrass to control
annual grassy weeds; 3/9/00 to 9/15/00. Contact: (Libby Pemberton)
    EPA authorized the use of fomesafen on snapbeans to control
broadleaf weeds; 4/4/00 to 9/15/00. Contact: (Andrea Conrath) 
   
    California
    Environmental Protection Agency, Department of Pesticide Regulation
     
    EPA authorized the use of fludioxonil on peaches, nectarines,
apricots and plums to control brown rot, gray mold rot, and Rhizopus
rot; 5/1/00 to 11/1/00. Contact: (Andrew Ertman)
      
[[Page 79844]]
   
    Colorado
    Department of Agriculture
    
    EPA authorized the use of lambda-cyhalothrin on barley to control
the Russian wheat aphid; 4/18/00 to 7/15/00. Contact: (Andrew Ertman)  
    
    Delaware
    Department of Agriculture

    Specific. EPA authorized the use of fomesafen on snap beans to
control broad leaf weeds; 3/01/00 to 9/30/00. Contact: (Andrea Conrath)
    
    Florida
    Department of Agriculture and Consumer Services
    
    EPA authorized the use of bifenthrin on citrus to control Diaprepes
root weevil; 3/02/00 to 3/01/01. Contact: (Andrea Conrath)    
    
    Idaho
    Department of Agriculture
    
[[Page 79845]]

    On 5/19/00, for the use of fluroxypyr on sweet corn to control
volunteer potatoes. This program ended on 6/2/00. Contact: (Andrew
Ertman)
    On 6/9/00, for the use of fluroxypyr on field corn to control
volunteer potatoes. This program ended on 8/1/00. Contact: (Andrew
Ertman)    
    EPA authorized the use of trifloxystrobin on hops to control
powdery mildew; 4/13/00 to 9/22/00. Contact: (David Deegan)  
    EPA authorized the use of lambda-cyhalothrin on barley to control
the Russian wheat aphid; 5/1/00 to 7/30/00. Contact: (Andrew Ertman)       
    EPA authorized the use of fluroxypyr on field corn to control
volunteer potatoes; 6/9/00 to 8/1/00. Contact: (Andrew Ertman)    
    EPA authorized the use of flufenacet on wheat to control annual
ryegrass; 10/5/00 to 6/30/01. Contact: (Barbara Madden)
   
    Illinois
    Department of Agriculture
   
    EPA authorized the use of fomesafen on snap beans to control
various weed species; 6/16/00 to 9/18/00. Contact: (Andrea Conrath)

    Indiana
    Office of Indiana State Chemist

    Crisis. On 5/16/00, for the use of fomesafen on snap beans to
control various weed species. This program ended on 8/30/00. Contact:
(Andrea Conrath)   
    EPA authorized the use of fomesafen on snap beans to control
various weed species; 6/16/00 to 8/30/00. Contact: (Andrea Conrath).
Indiana had declared a crisis for this use on 5/16/00.

    
    Kansas
    Department of Agriculture
     
    EPA authorized the use of bifenthrin on seed sorghum to control
spider mites; 7/06/00 to 9/30/00. Contact: (Andrea Conrath)   
     
    Louisiana
    Department of Agriculture and Forestry
    
[[Page 79846]]
 
    EPA authorized the use of lambda-cyhalothrin on sugarcane to
control the sugarcane borer; 7/5/00 to 9/15/00. Contact: (Andrew
Ertman)

    Maine
    Department of Agriculture, Food, and Rural Resources

    Specific. EPA authorized the use of fomesafen on dry beans to
control broad leaf weeds; 03/01/00 to 7/15/00. Contact: (Andrea
Conrath)  
    
    Maryland
    Department of Agriculture

    EPA authorized the use of fomesafen on snapbeans to control
broadleaf weeds; 4/4/00 to 9/15/00. Contact: (Andrea Conrath)
    
    
    Massachusetts
    Massachusetts Department of Food and Agriculture
     
    EPA authorized the use of oxyfluorfen on strawberries to control
broadleaf weeds; 11/9/00 to 12/15/00. Contact: (Barbara Madden)

    Michigan
    Michigan Department of Agriculture
       
    EPA authorized the use of fomesafen on dry beans to control
broadleaf weeds;

[[Page 79847]]

    EPA authorized the use of fomesafen on snap beans to control weeds;
5/4/00 to 8/30/00. Contact: (Andrea Conrath)        
    EPA authorized the use of oxyfluorfen on strawberries to control
broadleaf weeds; 11/9/00 to 1/1/01. Contact: (Barbara Madden)

    Minnesota
    Department of Agriculture
    
     EPA authorized the use of ethalfluralin on canola to control
kochia; 4/7/00 to 4/7/01. Contact: (David Deegan)
     EPA authorized the use of fomesafen on dry beans to control various
weed species; 6/16/00 to 8/15/00. Contact: (Andrea Conrath)
    
    Mississippi
    Department of Agriculture and Commerce
        
    EPA authorized the use of norflurazon on bermudagrass to control
annual grassy weeds; 2/24/00 to 7/31/00. Contact: (Libby Pemberton)
           
    Missouri
    Department of Agriculture
    
    EPA authorized the use of fomesafen on snapbeans to control
broadleaf weeds; 4/4/00 to 9/15/00. Contact: (Andrea Conrath)
    
    Montana
    Department of Agriculture
    Crisis. On 5/11/00, for the use of lambda-cyhalothrin on barley to
control

[[Page 79848]]

the Russian wheat aphid. This program ended on 7/30/00. Contact:
(Andrew Ertman)      
    EPA authorized the use of lambda-cyhalothrin on barley to control
cutworms; 3/7/00 to 7/1/00. Contact: (Andrew Ertman)    
    EPA authorized the use of ethalfluralin on canola to control
kochia; 4/7/00 to 4/7/01. Contact: (David Deegan)
    EPA authorized the use of lambda-cyhalothrin on barley to control
the Russian wheat aphid; 5/11/00 to 7/30/00. Contact: (Andrew Ertman)    
    
    New Jersey
    Department of Environmental Protection
        
    EPA authorized the use of fludioxonil on peaches and nectarines to
control brown rot, gray mold, and Rhizopus rot; 5/31/00 to 9/30/00.
Contact: (Andrew Ertman)
    
    New Mexico
    Department of Agriculture
    
    Denial. On 8/23/00, EPA denied the use of oxyfluorfen on chili
peppers to control Wright groundcherry. This request was denied based
upon 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).       

[[Page 79849]]

    New York
    Department of Environmental Conservation

    Specific. EPA authorized the use of fomesafen on snap and dry beans
to control broad leaf weeds; 3/01/00 to 8/15/00. Contact: (Andrea
Conrath) 
    
    North Carolina
    Department of Agriculture
    
    Denial. On 5/1/00 EPA denied the use of fluazinam on peanuts to
control Sclerotinia blight. This request was denied based upon 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)
    
    North Dakota
    Department of Agriculture
        
    EPA authorized the use of ethalfluralin on canola to control
kochia; 4/7/00 to 4/7/01. Contact: (David Deegan)       
    EPA authorized the use of fomesafen on dry beans to control various
weed species; 6/16/00 to 8/15/00. Contact: (Andrea Conrath)
   
    
    Ohio
    Department of Agriculture
    
    EPA authorized the use of oxyfluorfen on strawberries to control
weeds; 6/20/00 to 12/15/00. Contact: (Barbara Madden)

    Oklahoma
    Department of Agriculture

    Crisis. On 5/30/00, for the use of diflubenzuron on rangeland to
control grasshoppers. This program became effective 6/1/00 and ended on
6/15/00. Contact: (Steve Schaible)
    
    Denial. On 5/1/00 EPA denied the use of fluazinam on peanuts to
control Sclerotinia blight. This request was denied based upon 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 fomesafen on snapbeans to
control broadleaf weeds; 4/4/00 to 9/15/00. Contact: (Andrea Conrath)    

[[Page 79850]]
   
    EPA authorized the use of bifenthrin on peanuts to control spider
mites; 7/21/00 to 10/30/00. Contact: (Andrea Conrath)   
    EPA authorized the use of fluazinam on peanuts to control
Sclerotinia blight; 9/11/00 to 10/15/00. Contact: (Barbara Madden)

    Oregon
    Department of Agriculture
    Crisis. On 8/9/00, for the use of bifenthrin on potatoes to control
spider mites. This program ended on 10/15/00. Contact: (Andrea Conrath)
    Denial. On 1/12/00 EPA denied the use of oxyfluorfen on rhubarb to
control broadleaf weeds. This request was denied because no supporting
data were submitted to support the claim that an emergency exists
however, based on the information the state submitted, the Agency
concluded the situation may be serious but is most likely a chronic
pest problem. Contact: (Barbara Madden).
   
    Specific. EPA authorized the use of oxyfluorfen on strawberries to
control broadleaf weeds; 12/15/99 to 8/15/00. Contact: (Barbara Madden)        
    EPA authorized the use of trifloxystrobin on hops to control
powdery mildew; 4/13/00 to 9/22/00. Contact: (David Deegan)    
    EPA authorized the use of fluroxypyr on field corn to control
volunteer potatoes; 4/15/00 to 8/1/00. Contact: (Andrew Ertman)
    EPA authorized the use of fluroxypyr on sweet corn to control
volunteer potatoes; 4/15/00 to 8/1/00. Contact: (Andrew Ertman)    
    EPA authorized the use of Switch 62.5 WG (containing the active
ingredients fludioxonil and cyprodinil) on caneberries to control gray
mold; 5/9/00 to 9/10/00. Contact: (Steve Schaible)    
    EPA authorized the use of fludioxonil on peaches to control brown
rot, gray mold, and Rhizopus rot; 5/31/00 to 9/30/00. Contact: (Andrew
Ertman)
    EPA authorized the use of bifenthrin on raspberries to control
weevils; 6/13/00 to 8/15/00. Contact: (Andrea Conrath)   
    EPA authorized the use of bifenthrin on potatoes to control spider
mites; 9/07/00 to 10/15/00. Contact: (Andrea Conrath). Oregon had
declared a crisis for this use on 8/09/00.
    EPA authorized the use of flufenacet on wheat to control annual
ryegrass; 10/5/00 to 6/30/01. Contact: (Barbara Madden)

    Pennsylvania
    Department of Agriculture
    
    EPA authorized the use of fomesafen on snap beans to control weeds;
5/4/00 to 8/30/00. Contact: (Andrea Conrath)    
    EPA authorized the use of oxyfluorfen on strawberries to control
broadleaf weeds; 10/15/00 to 12/15/00. Contact: (Barbara Madden)
    
    South Carolina
    Clemson University
   
    EPA authorized the use of Switch 62.5 WG (containing the active
ingredients fludioxonil and cyprodinil) on strawberries to control
flower blight and fruit rot; 5/12/00 to 6/15/00. Contact: (Steve
Schaible)
    EPA authorized the use of fludioxonil on peaches and nectarines to
control brown rot; 5/15/00 to 9/15/00. Contact: (Andrew Ertman)    
    
[[Page 79851]]
   
    Texas
    Department of Agriculture   
    
    On 5/1/00 EPA denied the use of fluazinam on peanuts to control
Sclerotinia blight. This request was denied based upon 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)         
    EPA authorized the use of bifenthrin on seed sorghum to control
spider mites; 8/23/00 to 8/23/01. Contact: (Andrea Conrath)
    EPA authorized the use of fluazinam on peanuts to control
Sclerotinia blight; 9/11/00 to 10/1/00. Contact: (Barbara Madden)
        
    Virginia
    Department of Agriculture and Consumer Services
    Denial. On 5/1/00 EPA denied the use of fluazinam on peanuts to
control Sclerotinia blight. This request was denied based upon 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).
   
[[Page 79852]]

    EPA authorized the use of fomesafen on snap beans to control broad
leaf weeds; 3/01/00 to 9/20/00. Contact: (Andrea Conrath)    
    EPA authorized the use of flufenacet on wheat to control annual
ryegrass; 10/18/00 to 12/31/00. Contact: (Barbara Madden)

    Washington
    Department of Agriculture
    
    On 8/9/00, for the use of bifenthrin on potatoes to control spider
mites. This program ended on 10/15/00. Contact: (Andrea Conrath)      
    EPA authorized the use of fluroxypyr on field corn to control
volunteer potatoes; 3/24/00 to 8/1/00. Contact: (Andrew Ertman)
    EPA authorized the use of fluroxypyr on sweet corn to control
volunteer potatoes; 3/24/00 to 8/1/00. Contact: (Andrew Ertman)    
    EPA authorized the use of bifenthrin on raspberries to control
weevils; 3/30/00 to 8/10/00. Contact: (Andrea Conrath)   
    EPA authorized the use of trifloxystrobin on hops to control
powdery mildew; 4/13/00 to 9/22/00. Contact: (David Deegan)   
    EPA authorized the use of Switch 62.5 WG (containing the active
ingredients fludioxonil and cyprodinil) on caneberries to control gray
mold; 5/9/00 to 9/10/00. Contact: (Steve Schaible)       
    EPA authorized the use of bifenthrin on potatoes to control spider
mites; 9/07/00 to 10/15/00. Contact: (Andrea Conrath). Washington had
declared a crisis exemption for this use on 8/09/00.    
    EPA authorized the use of flufenacet on wheat to control annual
ryegrass; 10/5/00 to 6/30/01. Contact: (Barbara Madden)
    
    Wisconsin
    Department of Agriculture, Trade, and Consumer Protection    
    
[[Page 79853]]

    EPA authorized the use of fluroxypyr on field corn to control
volunteer potatoes; 6/1/00 to 7/15/00. Contact: (Andrew Ertman)
    EPA authorized the use of carfentrazone-ethyl on sweet corn to
control broadleaf weeds; 6/2/00 to 6/30/00. Contact: (Steve Schaible)
    
    Wyoming
    Department of Agriculture
    Crisis. On 5/10/00, for the use of lambda-cyhalothrin on barley to
control the Russian wheat aphid. This program ended on 7/31/00.
Contact: (Andrew Ertman)
    Specific. EPA authorized the use of lambda-cyhalothrin on barley to
control the Russian wheat aphid; 5/10/00 to 7/31/00. Contact: (Andrew
Ertman)   

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 8, 2000.

James Jones,

Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 00-32154 Filed 12-19-00; 8:45 am]
BILLING CODE 6560-50-S