[Federal Register: August 25, 2006 (Volume 71, Number 165)]
[Notices]
[Page 50415-50419]
[DOCID:fr25au06-66]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0659; FRL-8086-7]

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 April through June 2006 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 (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>.

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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions discussed above. 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 a docket for this action under
docket identification number (ID) EPA-HQ-OPP-2006-0659; FRL-8086-7.
Publicly available docket materials are available either
electrontronically at http://www.regulations.gov, or, if only

available in hard copy, at the OPP Regulatory Public Docket in S-4400,
One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility is from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket facility
telephone number is<PHONE_NUMBER>.
    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.

II. Background

    Under FIFRA section 18, EPA can authorize the use of a pesticide
whenemergency 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
cannotdemonstrate 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

Arkansas

State Plant Board

Specific: EPA authorized the use of coumaphos in beehives to control
varroa mite and small hive beetle; April 25, 2006 to February 1, 2007.
Contact: Stacey Groce.
EPA authorized the use of fomesafen on snap beans to control various
broadleaf weeds; April 28, 2006 to September 15, 2006. Contact: Andrea
Conrath.

California

Environmental Protection Agency, Department of Pesticide Regulation
Public Health: EPA authorized the use of resmethrin on all food crops
to control the Western Encephalitis mosquito, the vector West Nile
virus (WNV); July 11, 2006 to November 1, 2006. Contact: Princess
Campbell.
EPA authorized the use of D-phenothrin (sumithrin) in overlap areas
around residences and production areas of almonds, pastures, rice, and
walnuts to control the Western Encephalitis mosquito, the vector West
Nile virus (WNV); June 30, 2006 to November 1, 2006. Contact: Princess
Campbell.
Specific: EPA authorized the use of tebuconazole on garlic to control
garlic rust (Puccinia porri -P. allii); April 7, 2006 to July 3, 2006.
This request was granted because existing fungicides registered for use
on garlic are not effective at controlling the pathogen under high
disease pressure. Contact: Libby Pemberton..
EPA authorized the use of myclobutanil on artichokes to control powdery
mildew; June 23, 2006 effective August 18, 2006 to August 18, 2007.
Contact: Stacey Groce.
EPA authorized the use of myclobutanil on bell and non-bell peppers to
control powdery mildew; June 23, 2006 to May 31, 2007. Contact: Stacey
Groce.

Colorado

Department of Agriculture

Crisis: On January 30, 2006, for the use of clothianidin on sugar beet
seed to control beet leafhopper (vector of curly top virus). This
program ended on/is expected to end on July 31, 2006. Contact: Stacey
Groce.
Specific: EPA authorized the use of acibenzolar on onions to control
iris yellow spot virus (Tospovirus (Bunyviridae Family); April 24, 2006
to September 1, 2006. Contact: Libby Pemberton.
EPA authorized the use of fluroxypyr on onions to control volunteer
potatoes; June 6, 2006 to July 31, 2006. Contact: Stacey Groce.

Connecticut

Department of Environmental Protection

Specific: EPA authorized the use of azoxystrobin on tobacco to control
blue mold; May 22, 2006 to December 31, 2006. Contact: Andrew Ertman.

Delaware

Department of Agriculture

Specific: EPA authorized the use of terbacil on watermelons to control
morning glory and other annual broadleaf weeds; April 25, 2006 to June
15, 2006. Contact: Stacey Groce.
EPA authorized the use of fomesafen on snap beans to control various
broadleaf weeds; April 28, 2006 to October 1, 2006. Contact: Andrea
Conrath.

Florida

Department of Agriculture and Consumer Services

Quarantine: EPA authorized the use of myclobutanil on legume vegetables
(except soybeans and foliage of legume vegetables (except soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; May 31,
2006 to May 31, 2009. Contact: Stacey Groce.
Specific: EPA authorized the use of thiophanate-methyl on fruiting
vegetables to control white mold; April 24, 2006 to April 12, 2007.
Contact: Andrew Ertman.
EPA authorized the use of thymol in beehives to control varroa mite;
April 26, 2006 to March 15, 2007. Contact: Stacey Groce.
EPA authorized the use of penoxsulam in sovereign waters to control
fluridone-resistant hydrilla; June 8, 2006 to November 1, 2006.
Contact: Andrea Conrath.
EPA authorized the use of thiophanate-methyl on cotton to control
fusarium hardlock; June 30, 2006 effective July 22, 2006 to July 21,
2007. Contact: Stacey Groce.

Idaho

Department of Agriculture

Specific: EPA authorized the use of thiabendazole on lentils to control
Ascochyta blight; February 28, 2006 to June 1, 2006. Contact: Stacey
Groce.
EPA authorized the use of fenpyroximate on hops to control spider
mites; April 24, 2006 to September 15, 2006. Contact: Andrea Conrath.
EPA authorized the use of difenoconazole on sweet corn seed to control
damping off and dieback fungal diseases; April 25, 2006 to April 25,
2007. Contact: Andrea Conrath.
EPA authorized the use of formetanate hydrochloride on dry bulb onions
to control thrips; May 19, 2006 to

September 15, 2006. Contact: Andrew Ertman.

Illinois

Department of Agriculture

Quarantine: EPA authorized the use of cyproconazole on soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; April 19,
2006 to April 19, 2009. Contact: Carmen Rodia.
Specific: EPA authorized the use of tebuconazole on wheat to control
Fusarium head blight; April 5, 2006 to June 20, 2006. Contact: Libby
Pemberton.

Indiana

Office of Indiana State Chemist

Specific: EPA authorized the use of thiophanate-methyl on blueberries
to control various fungal diseases; April 24, 2006 to September 30,
2006. Contact: Andrew Ertman.
EPA authorized the use of fenbuconazole on blueberries to control
mummyberry disease; April 25, 2006 to September 30, 2006. Contact:
Andrew Ertman.
EPA authorized the use of fomesafen on snap beans to control various
broadleaf weeds; April 28, 2006 to September 15, 2006. Contact: Andrea
Conrath.
EPA authorized the use of thymol in beehives to control varroa mite;
May 3, 2006 to March 15, 2007. Contact: Stacey Groce.
EPA authorized the use of tebuconazole on barley and wheat to control
Fusarium head blight; May 19, 2006 to June 30, 2006. Contact: Libby
Pemberton.

Iowa

Department of Agriculture and Land Stewardship

Quarantine: EPA authorized the use of cyproconazole on soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; April 19,
2006 to April 19, 2009. Contact: Carmen Rodia.
Specific: EPA authorized the use of sulfentrazone on strawberries to
control broadleaf weeds; June 25, 2006 to December 15, 2006. Contact:
Andrew Ertman.

Kansas

Department of Agriculture

Specific: EPA authorized the use of propiconazole on sorghum to control
ergot (Claviceps africana); June 29, 2006 to December 31, 2006.
Contact: Libby Pemberton..
EPA authorized the use of coumaphos in beehives to control varroa mite
and small hive beetle; June 30, 2006 to February 1, 2007. Contact:
Stacey Groce.

Kentucky

Department of Agriculture

Specific: EPA authorized the use of tebuconazole on wheat to control
Fusarium head blight; April 5, 2006 to May 20, 2006. Contact: Libby
Pemberton.
EPA authorized the use of azoxystrobin on tobacco to control target
spot and frogeye; June 9, 2006 to October 15, 2006. Contact: Andrew
Ertman.

Louisiana

Department of Agriculture and Forestry

Specific: EPA authorized the use of etofenprox on rice to control rice
water weevil; April 3, 2006 to August 1, 2006. This request was granted
because the rice weevil has the potential to cause significant rice
yield losses in the absence of adequate control. Several registered
pesticide alternatives exist, but have caused problems with drift and
mortality in neighboring crawfish farms. The etofenprox product, a
granular formulation, is less likely to drift and cause mortality. The
product is used as a prophylactic against the rice weevil, similar to
the former preferred control product, fipronil, which was voluntarily
cancelled by the registrant. Contact: Libby Pemberton.
EPA authorized the use of halosulfuron-methyl on sweet potatoes to
control purple nutsedge; April 24, 2006 to August 1, 2006. Contact:
Andrew Ertman.
EPA authorized the use of methoxyfenozide on soybeans to control
soybean loopers; April 26, 2006 effective May 15, 2006 to September 30,
2006. Contact: Stacey Groce.
EPA authorized the use of bifenthrin on sweet potato to control soil
beetles and the sweet potato weevil; May 15, 2006 to November 30, 2006.
Contact: Andrea Conrath.

Maine

Department of Agriculture, Food, and Rural Resources

Quarantine: EPA authorized the use of chlorophene (Environ LpH on
washable, hard non-porous surfaces, items and laboratory waste
solutions to control prions; July 11, 2006 to July 11, 2009. Contact:
Princess Campbell.
Specific: EPA authorized the use of coumaphos in beehives to control
varroa mite and small hive beetle; April 6, 2006 to February 1, 2007.
Contact: Stacey Groce.
EPA authorized the use of fomesafen on dry beans to control various
broadleaf weeds; April 28, 2006 to July 15, 2006. Contact: Andrea
Conrath.

Maryland

Department of Agriculture

Quarantine: EPA authorized the use of cyproconazole on soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; April 19,
2006 to April 19, 2009. Contact: Carmen Rodia.
Specific: EPA authorized the use of terbacil on watermelons to control
annual broadleaf weeds; April 25, 2006 to June 30, 2006. Contact:
Stacey Groce.
EPA authorized the use of fomesafen on snap beans to control various
broadleaf weeds; April 28, 2006 to September 15, 2006. Contact: Andrea
Conrath.

Massachusetts

Massachusetts Department of Food and Agriculture

Specific: EPA authorized the use of pronamide on cranberries to control
dodder; April 7, 2006 to June 15, 2006. Contact: Andrew Ertman.
EPA authorized the use of azoxystrobin on tobacco to control blue mold;
May 22, 2006 to December 31, 2006. Contact: Andrew Ertman.

Michigan

Michigan Department of Agriculture

Specific: EPA authorized the use of thymol in beehives to control
varroa mite; April 6, 2006 to April 6, 2007. Contact: Stacey Groce.
EPA authorized the use of tebuconazole on wheat to control Fusarium
head blight; April 14, 2006 to June 25, 2006. Contact: Libby Pemberton.
EPA authorized the use of fomesafen on snap beans to control various
broadleaf weeds; April 28, 2006 to August 30, 2006. Contact: Andrea
Conrath.
EPA authorized the use of fomesafen on dry beans to control various
broadleaf weeds; April 28, 2006 to August 15, 2006. Contact: Andrea
Conrath.
EPA authorized the use of tebuconazole on asparagus to control rust;
May 1, 2006 to November 1, 2006. Contact: Libby Pemberton.
EPA authorized the use of sulfentrazone on strawberries to control
broadleaf weeds; June 25, 2006 to December 15, 2006. Contact: Andrew
Ertman.

Minnesota

Department of Agriculture

Quarantine: EPA authorized the use of metconazole on soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; April 19,
2006 to April 19, 2009. Contact: Carmen Rodia.
EPA authorized the use of chlorophene (Environ LpH on washable, hard
non-porous surfaces, items and laboratory waste solutions to control
prions; May 25, 2006 to May 25, 2009. Contact: Princess Campbell.

Specific: EPA authorized the use of tebuconazole on wheat and barley to
control Fusarium head blight; April 14, 2006 to September 1, 2006.
Contact: Libby Pemberton.
EPA authorized the use of fomesafen on dry beans to control various
broadleaf weeds; April 28, 2006 to August 15, 2006. Contact: Andrea
Conrath.

Mississippi

Department of Agriculture and Commerce

Specific: EPA authorized the use of methoxyfenozide on soybeans to
control salt marsh caterpillars, soybean loopers, and armyworms; June
1, 2006 to September 30, 2006. Contact: Andrew Ertman.

Missouri

Department of Agriculture

Quarantine: EPA authorized the use of cyproconazole on soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; April 19,
2006 to April 19, 2009. Contact: Carmen Rodia.
Specific: EPA authorized the use of fomesafen on snap beans to control
various broadleaf weeds; April 28, 2006 to September 10, 2006. Contact:
Andrea Conrath.

Nebraska

Department of Agriculture

Quarantine: EPA authorized the use of cyproconazole on soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; April 19,
2006 to April 19, 2009. Contact: Carmen Rodia.

Nevada

Department of Agriculture

Specific: EPA authorized the use of bifenazate on timothy to control
Banks grass mite; April 12, 2006 to September 1, 2006. Contact: Libby
Pemberton.

New Jersey

Department of Environmental Protection

Specific: EPA authorized the use of thiophanate-methyl on blueberries
to control various fungal diseases; April 24, 2006 to June 15, 2006.
Contact: Andrew Ertman.
EPA authorized the use of thiophanate-methyl on tomatoes to control
white mold; April 24, 2006 to October 31, 2006. Contact: Andrew Ertman.
EPA authorized the use of pronamide on cranberries to control dodder;
April 30, 2006 to December 15, 2006. Contact: Andrew Ertman.
EPA authorized the use of coumaphos in beehives to control varroa mite
and small hive beetle; April 25, 2006 to February 1, 2007. Contact:
Stacey Groce.
EPA authorized the use of thymol in beehives to control varroa mite;
April 26, 2006 to March 15, 2007. Contact: Stacey Groce.

New Mexico

Department of Agriculture

Specific: EPA authorized the use of myclobutanil on chile and bell
peppers to control powdery mildew; June 23, 2006 to October 15, 2006.
Contact: Stacey Groce.

New York

Department of Environmental Conservation

Specific: EPA authorized the use of quinoxyfen on non-edible cucurbits
to control powdery mildew; July 1, 2006 to September 30, 2006. Contact:
Stacey Groce.

North Carolina

Department of Agriculture

Specific: EPA authorized the use of halosulfuron-methyl on sweet
potatoes to control sedges; May 26, 2006 to August 30, 2006. Contact:
Andrew Ertman.
EPA authorized the use of azoxystrobin on tobacco to control target
spot; June 1, 2006 to October 15, 2006. Contact: Andrew Ertman.

North Dakota

Department of Agriculture

Crisis: On January 30, 2006, for the use of clothianidin on sugar beet
seed to control beet leafhopper (vector of curly top virus). This
program ended on/is expected to end on July 31, 2006. Contact: Stacey
Groce.
Specific: EPA authorized the use of tebuconazole on wheat and barley to
control Fusarium head blight; April 14, 2006 to September 1, 2006.
Contact: Libby Pemberton.
EPA authorized the use of coumaphos in beehives to control varroa mite
and small hive beetle; May 15, 2006 to February 1, 2007. Contact:
Stacey Groce.

Ohio

Department of Agriculture

Specific: EPA authorized the use of thiophanate-methyl on tomatoes and
peppers to control white mold; May 15, 2006 to September 30, 2006.
Contact: Andrew Ertman.
EPA authorized the use of dimethenamid-p on green onion to control
common purslane and prostrate pigweed; May 3, 2006 to August 31, 2006.
Contact: Stacey Groce.

Oklahoma

Department of Agriculture

Specific: EPA authorized the use of fomesafen on snap beans to control
various broadleaf weeds; April 28, 2006 to September 10, 2006. Contact:
Andrea Conrath.

Oregon

Department of Agriculture

Crisis: On January 30, 2006, for the use of clothianidin on sugar beet
seed to control beet leafhopper (vector of curly top virus). This
program ended or/is expected to end on July 31, 2006. Contact: Stacey
Groce.
On May 10, 2006, for the use of fipronil on rutabaga and turnip to
control cabbage maggots. This program is expected to end on September
30, 2006. Contact: Andrea Conrath.
Specific: EPA authorized the use of mesotrione on cranberries to
control bog St. John's wort (Hypericum boreala), rushes (Juncus
Canadensis, J. effuses, J. Bufonlus, J. Tenuis), sedges spp. (Carex
spp.), yellow loosestrife (Lysimachia terrestris),and silverleaf
(Potentilla pacifica); April 21, 2006 to October 15, 2006. Contact:
Libby Pemberton.
EPA authorized the use of bifenthrin on orchardgrass grown for seed to
control the orchardgrass billbug; April 21, 2006 to November 15, 2006.
Contact: Andrea Conrath.
EPA authorized the use of formetanate hydrochloride on dry bulb onions
to control thrips; May 19, 2006 to September 15, 2006. Contact: Andrew
Ertman.

Rhode Island

Department of Environmental Management

Specific: EPA authorized the use of pronamide on cranberries to control
dodder; April 7, 2006 to June 15, 2006. Contact: Andrew Ertman.

South Carolina

Clemson University

Specific: EPA authorized the use of thymol in beehives to control
varroa mite; May 3, 2006 to March 15, 2007. Contact: Stacey Groce.

South Dakota

Department of Agriculture

Quarantine: EPA authorized the use of metconazole on soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; April 19,
2006 to April 19, 2009. Contact: Carmen Rodia.
Specific: EPA authorized the use of tebuconazole on barley and wheat to
control Fusarium head blight; May 19, 2006 to August 31, 2006. Contact:
Libby Pemberton.

Tennessee

Department of Agriculture

Quarantine: EPA authorized the use of myclobutanil on legume vegetables
(except soybeans and foliage of legume vegetables (except soybeans to
control soybean rust and the pathogen Phakopsora pachyrhizi; May 31,
2006 to May 31, 2009. Contact: Stacey Groce.
Specific: EPA authorized the use of azoxystrobin on tobacco to control
target spot and frogeye; May 22, 2006 to October 15, 2006. Contact:
Andrew Ertman.

Texas

Department of Agriculture

Crisis: On June 21, 2006, for the use of diuron in bass ponds to
control blue-green algae. This program ended on/is expected to end on
November 1, 2006. Contact: Libby Pemberton.
Specific: EPA authorized the use of hexythiazox on field corn to
control mites; June 1, 2006 to August 31, 2006. Contact: Andrew Ertman.
EPA authorized the use of coumaphos in beehives to control varroa mite
and small hive beetle; May 19, 2006 to February 1, 2007. Contact:
Stacey Groce.

Utah

Department of Agriculture

Specific: EPA authorized the use of bifenazate on tart cherries to
control two-spotted spider mite (Tetranychus urticae Koch); McDaniel
mite (Tetranychus mcdanieli Mcgregor); and European red mite
(Panonychus ulmi (Koch); June 2, 2006 to September 1, 2006. Contact:
Libby Pemberton.

Vermont

Department of Agriculture

Specific: EPA authorized the use of fenbuconazole on blueberries to
control mummy berry disease; May 31, 2006 to September 1, 2006.
Contact: Andrew Ertman.
EPA authorized the use of thymol in beehives to control varroa mite;
April 24, 2006 to March 15, 2007. Contact: Stacey Groce.

Virginia

Department of Agriculture and Consumer Services

Specific: EPA authorized the use of terbacil on watermelon to control
morning glory; April 6, 2006 to August 15, 2006. Contact: Stacey Groce.
EPA authorized the use of fomesafen on snap beans to control various
broadleaf weeds; April 28, 2006 to September 30, 2006. Contact: Andrea
Conrath.
EPA authorized the use of azoxystrobin on tobacco to control target
spot and frogeye; June 1, 2006 to October 15, 2006. Contact: Andrew
Ertman.

Washington

Department of Agriculture

Specific: EPA authorized the use of mesotrione on cranberries to
control bog St. John's wort(Hypericum boreala), rushes (Juncus
Canadensis, J. effuses, J. Bufonlus,J. Tenuis), sedges spp. (Carex
spp.), yellow loosestrife (Lysimachia terrestris),and silverleaf
(Potentilla pacifica); April 21, 2006 to October 15, 2006. Contact:
Libby Pemberton.
EPA authorized the use of fenpyroximate on hops to control spider
mites; April 24, 2006 to September 15, 2006. Contact: Andrea Conrath.

Wisconsin

Department of Agriculture, Trade, and Consumer Protection

Specific: EPA authorized the use of sulfentrazone on strawberries to
control common groundsel; June 20, 2006 to December 15, 2006. Contact:
Andrew Ertman.

Wyoming

Department of Agriculture

Crisis: On January 30, 2006, for the use of clothianidin on sugar beet
seed to control beet leafhopper (vector of curly top virus). This
program ended is expected to end on July 31, 2006. Contact: Stacey
Groce.
Specific: EPA authorized the use of lambda-cyhalothrin on barley to
control Russian wheat aphids, cereal leaf beetles, and cutworms; April
14, 2006 to July 31, 2006. Contact: Andrew Ertman.
EPA authorized the use of coumaphos in beehives to control varroa mite
and small hive beetle; April 25, 2006 to February 1, 2007. Contact:
Stacey Groce.

B. Federal Departments and Agencies

Agriculture Department

Animal and Plant Health Inspector Service

Quarantine: EPA authorized the use of brodifacoum on Congo Ca, in the
U.S. Virgin Islands to eradicate non-native rats; May 12, 2006 to June
21, 2009. Contact: Princess Campbell.

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: August 16, 2006.
Lois A. Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-14053 Filed 8-24-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Notices]
[Page 10797]
[FR Doc No: 2012-4175]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Rulemaking Advisory Committee--New Task

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of withdrawal of task assignment for the Aviation
Rulemaking Advisory Committee (ARAC).

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SUMMARY: The FAA has withdrawn a task assigned to the Aviation
Rulemaking Advisory Committee (ARAC) concerning commercial air tours.
This notice is to inform the public of the FAA's decision to withdraw
this task.

FOR FURTHER INFORMATION CONTACT: Katherine Haley, Office of Rulemaking,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>, facsimile:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA established ARAC to provide advice and recommendations to
the FAA Administrator on the FAA's rulemaking activities. ARAC's
objectives are to improve the development of the FAA's regulations by
providing information, advice, and recommendations related to aviation
issues.
    On July 15, 2009, the FAA tasked ARAC (74 FR 34390) to provide
advice and recommendations on a maintenance quality assurance system, a
maintenance training program and a required inspection program for
operators and air carriers that conduct air tours and operate under
parts 91 and 135 (aircraft type certificated for a passenger seating
configuration, excluding any pilot seat, of 9 or fewer seats). That
tasking was in response to two recommendations from the National
Transportation Safety Board (NTSB) (A-08-32 and A-08-33) and an FAA
recommendation on air tour accidents. The Commercial Air Tours
Maintenance (CATM) working group formed and met between November 2009
and December 2010 to address the ARAC tasking. On December 16, 2010,
the CATM working group presented the findings and recommendations to
the ARAC Executive Committee. One of the recommendations was to develop
an Advisory Circular (AC) to create a voluntary accreditation program
modeled after the AC 00-56A, Voluntary Industry Distributor
Accreditation Program. The FAA accepted the recommendations on February
1, 2011.
    In December 2011, the FAA assigned ARAC a new task to develop a
comprehensive program of voluntary accreditation for commercial air
tour operators that are not required under parts 91 and 135 of Title 14
of the Code of Federal Regulations (14 CFR), to maintain their aircraft
under a continuous airworthiness maintenance program (CAMP). This new
task was the FAA's response to one of the CATM recommendations.
    The notice informing the public of this new ARAC activity published
in the Federal Register on December 27, 2011 (76 FR 81009), and
included a request for volunteers for the Commercial Air Tour Voluntary
Accreditation Program working group. The time period to volunteer
expired on January 26, 2011. We received minimal interest from the
public, and have decided to withdraw the task due to a lack of adequate
representation on the working group.
    This notice informs the public of the withdrawal of the ARAC task
that would have been assigned to the Commercial Air Tour Voluntary
Accreditation Program Working Group.

    Issued in Washington, DC, on February 16, 2012.
Pamela Hamilton-Powell,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. 2012-4175 Filed 2-22-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Rules and Regulations]
[Pages 50950-50951]
[FR Doc No: 2020-16595]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 882 and 895

[Docket No. FDA-2016-N-1111]

Medical Devices; Petition for an Administrative Stay of Action:
Electrical Stimulation Devices for Self-Injurious or Aggressive
Behavior

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; notification of administrative stay.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is providing
notice of a stay of the effectiveness of provisions for devices in use
on specific individuals who have or would need to obtain a physician-
directed transition plan as of the date of publication on March 6,
2020, of the final regulation banning electrical stimulation devices
(ESDs) for self-injurious or aggressive behavior. FDA is publishing
this notification in response to petitions for an administrative stay
of action in accordance with regulatory requirements.

DATES: FDA is administratively staying temporarily the final regulation
published on March 6, 2020 (85 FR 13312), for those devices in use on
specific individuals as described in SUPPLEMENTARY INFORMATION. FDA
will publish a document in the Federal Register lifting the stay or
taking further action as needed.

ADDRESSES: For access to the docket, go to https://www.regulations.gov
and insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts and/or go to
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Publicly
available submissions may be seen in the docket.

FOR FURTHER INFORMATION CONTACT: Rebecca Nipper, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1540, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of March 6, 2020 (85
FR 13312), FDA issued a final regulation banning electrical stimulation
devices (ESDs) for self-injurious behavior (SIB) or aggressive behavior
(AB). This final regulation provided two operational dates. The ban is
in effect for all devices as of April 6, 2020, 30 days after the date
of publication. However, for devices in use on specific individuals as
of the date of publication and subject to a physician-directed
transition plan, compliance is required on September 2, 2020, 180 days
after the date of publication of the final rule.
    FDA received two requests under 21 CFR 10.35 to immediately and
indefinitely stay these dates for the final regulation banning ESDs for
SIB or AB. The first petition, dated March 20, 2020, is from Eckert
Seamans Cherin & Mellot, LLC on behalf of their client, the Judge
Rotenberg Educational Center, Inc. (JRC) (see Docket No. FDA-2020-P-
1166). As described below, FDA temporarily granted this petition (JRC
petition) in part on March 27, 2020. The second petition, dated March
24, 2020, is from Todd & Weld, LLP on behalf of their clients the
parents and guardians of certain patients at JRC, as well as the
patients themselves, and the JRC Parents and Friends Association, Inc.
(see

Docket No. FDA-2020-P-1181). This petition (Parent petition) was routed
for review and response after FDA's March 27, 2020, letter granting
JRC's request for a stay in part. Although filed by different parties,
the Parent petition requested the same action as the JRC petition and
did not necessitate a different response or change in the stay FDA
granted in response to the JRC petition. Both petitions request a stay
based on all four criteria for a mandatory stay or, alternatively,
based on being ``in the public interest and in the interest of
justice'' for a discretionary stay (Sec.  10.35 (21 CFR 10.35(e))).
Because the petitions request the same action for substantially similar
reasons, FDA has determined that its March 27, 2020, response to the
JRC petition is equally applicable to the Parent petition. FDA notes
that both sets of petitioners filed legal challenges to the ban in the
U.S. Court of Appeals for the D.C. Circuit, which challenges have now
been consolidated before that court.
    By a letter dated March 27, 2020, FDA responded to the JRC petition
granting in part a discretionary temporary stay. As the letter states,
it is in the public health interest and interest of justice to stay the
compliance date for devices subject to the ban that are currently in
use on specific individuals who would need to obtain a physician-
directed transition plan to cease use of such devices. The stay is in
the public interest and interest of justice because of the ongoing
national emergency caused by ``severe acute respiratory syndrome
coronavirus 2'' (SARS-CoV-2) and the disease it causes ``Coronavirus
Disease 2019 (COVID-19).'' Specifically, the creation or implementation
of a physician-directed transition plan has the potential to increase
the risk of transmission or exposure to COVID-19, and it may divert
healthcare delivery resources from other uses during the pandemic.
    The stay is intended to remain in effect for the duration of the
public health emergency related to COVID-19 declared by HHS, including
any renewals made by the Secretary in accordance with section 319(a)(2)
of the PHS Act (42 U.S.C. 247d(a)(2)). Once the public health emergency
ends, FDA will substantively respond to the petitions, and issue
another notification in the Federal Register, if necessary, in
accordance with Sec.  10.35. If the public health emergency ends while
the consolidated legal challenge in the D.C. Circuit is still pending,
the stay will continue in effect until: (1) FDA substantively responds
to the petitions and (2) if FDA does not grant the petitions, the
parties have had adequate time and reasonable opportunity to obtain a
ruling from the D.C. Circuit regarding a stay of FDA's response to the
petitions.
    FDA's partial stay is limited to those devices currently in use on
specific individuals who have or would need to obtain a physician-
directed transition plan to cease use of such devices in order to
comply with the final regulation banning ESDs. For all other devices,
the ban became effective on, and required compliance by, April 6, 2020.

    Dated: July 27, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-16595 Filed 8-17-20; 4:15 pm]
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[Federal Register: May 21, 2009 (Volume 74, Number 97)]
[Notices]
[Page 23858-23859]
[DOCID:fr21my09-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0352; FRL-8908-6]

Second Draft Risk and Exposure Assessment Report for Sulfur
Dioxide (SO2)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension of comment period.

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SUMMARY: The EPA is announcing an extension of the public comment
period for the draft document titled ``Risk and Exposure Assessment to
Support the Review of the SO2 Primary National Ambient Air
Quality Standards: Second Draft'' (74 FR 18573). The EPA is extending
the comment period that originally ends on May 20, 2009. The extended
comment period will close on June 11, 2009. The EPA is extending the
comment period to provide stakeholders and the public with adequate
time to conduct appropriate analysis and prepare meaningful comments.

DATES: Comments on the above report must be received on or before June
11, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0352, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail)
to<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OAR-2007-
0352.
     Fax: Fax your comments to<PHONE_NUMBER>, Attention Docket
ID. No. EPA-HQ-OAR-2007-0352.
     Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2007-0352.
     Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, 1301 Constitution Ave., NW., Room 3334, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0352. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket in the
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>; fax<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dr. Michael Stewart, Office of Air
Quality Planning and Standards (Mailcode C504-06), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that

includes information claimed as CBI, a copy of the comment that does
not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

SUPPLEMENTARY INFORMATION: Under section 108(a) of the Clean Air Act
(CAA), the Administrator identifies and lists certain pollutants which
``cause or contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare.'' The EPA then issues
air quality criteria for listed pollutants, which are commonly referred
to as ``criteria pollutants.'' The air quality criteria are to
``accurately reflect the latest scientific knowledge useful in
indicating the kind and extent of all identifiable effects on public
health or welfare which may be expected from the presence of [a]
pollutant in the ambient air, in varying quantities.'' Under section
109 of the CAA, EPA establishes National Ambient Air Quality Standards
(NAAQS) for each listed pollutant, with the NAAQS based on the air
quality criteria. Section 109(d) of the CAA requires periodic review
and, if appropriate, revision of existing air quality criteria. The
revised air quality criteria reflect advances in scientific knowledge
on the effects of the pollutant on public health or welfare. The EPA is
also required to periodically review and revise the NAAQS, if
appropriate, based on the revised criteria.
    Air quality criteria have been established for the sulfur oxides
(SOX) and NAAQS have been established for sulfur dioxide
(SO2), an indicator for SOX. Presently, EPA is
reviewing the air quality criteria for SOX and the NAAQS for
SO2. As part of its review of the NAAQS, EPA has prepared an
assessment of exposures and characterization of health risks associated
with ambient SO2. Planned approaches to assessing exposures
and characterizing risks were described in the document, Sulfur Dioxide
Health Assessment Plan: Scope and Methods for Exposure and Risk
Assessment. This planning document was released for public review and
comment in November 2007 and was the subject of a consultation with the
Clean Air Scientific Advisory Committee (CASAC) on December 5 and 6,
2007. Comments received from that consultation were considered in
developing the ``Risk and Exposure Assessment to Support the Review of
the SO2 Primary National Ambient Air Quality Standards:
First Draft,'' which was released in July 2008.
    The second draft of this document was released in March 2009 and
conveys the approach taken to assess exposures to ambient
SO2 and to characterize associated health risks, as well as
to present the results of those assessments. In addition, this document
also contains a staff policy assessment that considers the evidence
presented in the final Integrated Science Assessment and the exposure
and risk characterization results presented in this second draft
document, as they relate to the adequacy of the current SO2
NAAQS and any potential alternative primary SO2 standards.
This draft document is available online at: http://www.epa.gov/ttn/
naaqs/standards/so2/s_so2_cr_rea.html.

    Dated: May 14, 2009.
Jenny Noonan Edwards,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. E9-11917 Filed 5-20-09; 8:45 am]

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