[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2068-2069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-502]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0894; FRL-8395-5]


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 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 July 1, 2008 through September 30, 2008 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:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> 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?

     1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2008-0894. 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 is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket Facility 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.

[[Page 2069]]

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 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, 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
Public Health: On August 15, 2008, for the use of d-phenothrin over 
agricultural fields to control mosquitoes that vector West Nile virus, 
St Louis Encephalitis, and Western Equine Encephalitis. Contact: 
Princess Campbell.
Delaware
Department of Agriculture
Specific exemption: EPA authorized the use of spiromesifen on soybeans 
to control spider mites; August 13, 2008 to September 15, 2008. 
Contact: Andrea Conrath.
Florida
Department of Agriculture and Consumer Services
Quarantine exemption: On September 25, 2008, for the use of naled to 
eradicate tephritid fruit flies, responsive to the attractant, methyl 
eugenol. Contact: Princess Campbell.
Idaho
Department of Agriculture
Specific exemption: EPA authorized the use of endothall in agricultural 
irrigation canals in Twin Falls County to control various aquatic 
weeds; September 30, 2008 to October 31, 2008. Contact: Andrea Conrath.
Illinois
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on 
sweet corn to control corn earworm; July 1, 2008 to October 10, 2008. 
Contact: Marcel Howard.
Indiana
Office of Indiana State Chemist
Specific exemption: EPA authorized the use of chlorantraniliprole on 
sweet corn to control corn earworm; August 5, 2008 to October 15, 2008. 
Contact: Marcel Howard.
Minnesota
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on 
sweet corn to control corn earworm; July 1, 2008 to September 30, 2008. 
Contact: Marcel Howard.
Crisis: On August 15, 2008, for the use of lamda-cyhalothrin on wild 
rice to control rice worm. This program ended on August 29, 2008. 
Contact: Andrew Ertman.
North Dakota
Department of Agriculture
Crisis: On July 24, 2008, for the use of tebuconazole on sunflowers to 
control rust (Puccinia helianthi). This program ended on August 8, 
2008. Contact: Libby Pemberton.
Ohio
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on 
sweet corn to control corn earworm; July 22, 2008 to September 30, 
2008. Contact: Marcel Howard.
Oregon
Department of Agriculture
Crisis: On June 30, 2008, for the use of diflubenzuron on alfalfa grown 
for seed to control grasshoppers and mormon crickets. This program 
ended on July 15, 2008. Contact: Libby Pemberton.
Pennsylvania
Department of Agriculture
Specific exemption: EPA authorized the use of chlorantraniliprole on 
sweet corn to control corn earworm; August 8, 2008 to October 30, 2008. 
Contact: Marcel Howard.
Wisconsin
Department of Agriculture, Trade, and Consumer Protection
Specific exemption: EPA authorized the use of chlorantraniliprole on 
sweet corn to control corn earworm; July 22, 2008 to September 30, 
2008. Contact: Marcel Howard.
Crisis: On August 30, 2008, for the use of chlorpyrifos on ginseng to 
control soil larvae. This program ended on November 15, 2008. Contact: 
Stacey Groce.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
Specific exemption: EPA authorized the use of diflubenzuron on alfalfa 
grown for hay to control Mormon Crickets (Anabrus simplex) and 
Grasshoppers (various spp.) (Family Acrididae); July 2, 2008 to October 
1, 2008. This request was granted on the basis that diflubenzuron is 
preferable to registered alternatives in potential impacts on 
pollinators of the Spalding's catchfly, a threatened plant species 
endemic to the proposed treatment area in Montana. Contact: Libby 
Pemberton.
Defense Department
Quarantine exemption: On September 30, 2008, for the use of 
paraformaldehyde to decontaminate biological containment areas to 
prevent the release of infectious microorganisms. Contact: Princess 
Campbell.

List of Subjects

     Environmental protection, Pesticides and pests.

    Dated: January 2, 2009.
P.V. Shah,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-502 Filed 1-13-09; 8:45 am]
BILLING CODE 6560-50-S