NOTE from FAN:
Due to length we have included only the fluorinated pesticides cited in this Notice.

Docket identification number OPP-2005-0037

http://www.epa.gov/fedrgstr/EPA-PEST/2005/February/Day-23/p3446.htm

Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

[Federal Register: February 23, 2005 (Volume 70, Number 35)]
[Notices]
[Page 8805-8806]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe05-61]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0037; FRL-7698-7]

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 October 1, 2004 to Decmeber 31, 2004 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 an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
• Crop production (NAICS code 111)
• Animal production (NAICS code 112)
• Food manufacturing (NAICS code 311)
• 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 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 number OPP-2005-0037. 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, 1801 S. Bell St., 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 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

[[Page 8806]]

Georgia
Department of Agriculture
Specific: EPA authorized the use of indoxacarb on collards to control
diamondback moth; November 4, 2004 to November 3, 2005. Contact:
(Andrea Conrath)

Idaho
Department of Agriculture
Specific: EPA authorized the use of flufenacet on wheat to control
Italian ryegrass; October 20, 2004 to December 31, 2004. Contact:
(Andrew Ertman)

Minnesota
Department of Agriculture
Quarantine: EPA authorized the use of trifloxystrobin on soybeans to
control soybean rust; December 13, 2004, to December 1, 2007. Contact:
(Andrew Ertman)

Oregon
Department of Agriculture
EPA authorized the use of flufenacet on wheat to control Italian
ryegrass; October 20, 2004 to December 31, 2004. Contact: (Andrew
Ertman)

South Dakota
Department of Agriculture
Quarantine: EPA authorized the use of trifloxystrobin on soybeans to
control soybean rust; December 13, 2004, to December 1, 2007. Contact:
(Andrew Ertman)

Texas
Department of Agriculture
Crisis: On December 21, 2004, for the use of triflumizole on parsley,
dandelion, Swiss chard, collards, kale, kohlrabi, mustard greens, napa
cabbage, and cilantro to control powdery mildew. This program is
expected to end on October 1, 2005. Contact: (Libby Pemberton)

List of Subjects
Environmental protection, Pesticides and pest.
Dated: February 9, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-3446 Filed 2-22-05; 8:45 am]
BILLING CODE 6560-50-S