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February 13, 2002. Emergency Exemptions. Federal Register.

Bifenthrin
Cyhalofop-butyl
Flufenacet.


Note from FAN:
We have included only the fluorinated pesticides that were cited in this long notice. - EC.

http://www.epa.gov/fedrgstr/EPA-PEST/2002/February/Day-13/p3099.htm


[Federal Register: February 13, 2002 (Volume 67, Number 30)]
[Notices]
[Page 6707-6709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe02-68]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-181085; FRL-6822-9]
 
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 October 1, 2001 to December 31, 2001 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; 
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  9241                State agencies
 agencies charged with pesticide                       that petition EPA
 authority                                             for 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. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in 40 CFR part 
166. 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,'' ``Regulations and Proposed Rules,'' 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-181085. 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

[[Page 6708]]

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

    EPA authorized the use of cyhalofop-buty on rice to control bearded 
sprangletop; April 15, 2002 to August 15, 2002. Contact: (Barbara 
Madden)
Colorado
Department of Agriculture

Idaho
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat and triticale 
to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: 
(Barbara Madden)

Oregon
Department of Agriculture

Specific: EPA authorized the use of flufenacet on wheat and triticale 
to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: 
(Barbara Madden)
    
South Carolina
Clemson University
Crisis: On November 16, 2001, for the use of flufenacet on wheat to 
control annual ryegrass. This program ended

[[Page 6709]]

December 31, 2001. Contact: (Barbara Madden)
Specific: EPA authorized the use of flufenacet on wheat to control 
annual ryegrass; November 29, 2001 to December 31, 2001. Contact: 
(Barbara Madden)

Texas
Department of Agriculture
Crisis: On March 21, 2001, for the use of bifenthrin on citrus to 
control weevils. This program is expected to end on November 14, 2002. 
Contact: (Andrea Conrath)
Specific: EPA authorized the use of bifenthrin on citrus to control 
weevils; November 14, 2001 to November 14, 2002. Contact: (Andrea 
Conrath)
    
Virginia
Department of Agriculture and Consumer Services
Specific: EPA authorized the use of flufenacet on wheat to control 
annual ryegrass; October 1, 2001 to December 31, 2001. Contact: 
(Barbara Madden)

Washington
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat and triticale 
to control annual ryegrass; October 3, 2001 to June 30, 2002. Contact: 
(Barbara Madden)

B. Federal Departments and Agencies

Environmental Protection Agency
Office of Solid Waste and Emergency Response
Crisis: On November 9, 2001, for the use of chlorine dioxide liquid on 
structures or other property identified as contaminated or potentially 
contaminated by Bacillus anthracis to control anthrax. This program is 
expected to end on November 9, 2002. Contact: (Barbara Madden)
    On November 16, 2001, for the use of hydrogen peroxide and 
dimethylbenzyl ammonium chlorides on structures or other property 
identified as contaminated or potentially contaminated by Bacillus 
anthracis to control anthrax. This program is expected to end on 
November 16, 2002. Contact: (Barbara Madden)
    On November 30, 2001, for the use of chlorine dioxide gas in the 
Hart Senate Office Building to control anthrax (Bacillus anthracis). 
This program ended on February 1, 2002. Contact: (Barbara Madden)
    On December 7, 2001, for the use of ethylene oxide to fumigate 
items retrieved from Congressional Offices that were contaminated or 
potentially contaminated by Bacillus anthracis. This program is 
expected to end by December 6, 2002. Contact: (Barbara Madden)
    On December 17, 2001, for the use of ethylene oxide to fumigate 
mail received by the Department of Justice that may have been 
contaminated or potentially contaminated by Bacillus anthracis. This 
program ended on January 1, 2002. Contact: (Barbara Madden)

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: January 30, 2002.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02-3099 Filed 2-12-02; 8:45 am]
BILLING CODE 6560-50-S