Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 56821-56824 [2017-25831]
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Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Notices
Dated: November 27, 2017.
Stephanie Valentine,
Acting Director, Information Collection
Clearance Division, Office of the Chief Privacy
Officer, Office of Management.
[FR Doc. 2017–25790 Filed 11–29–17; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2017–0009; FRL–9966–69]
Pesticide Emergency Exemptions;
Agency Decisions and State and
Federal Agency Crisis Declarations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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 1, 2017 to June
30, 2017 to control unforeseen pest
outbreaks.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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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. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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 or denial.
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56821
B. How can I get copies of this document EPA establishes a time-limited tolerance
meeting the ‘‘reasonable certainty of no
and other related information?
harm standard’’ of the Federal Food,
The docket for this action, identified
Drug, and Cosmetic Act (FFDCA).
by docket identification (ID) number
In this document: EPA identifies the
EPA–HQ–OPP–2017–0009, is available
State or Federal agency granted the
at https://www.regulations.gov or at the
exemption or denial, the type of
Office of Pesticide Programs Regulatory
exemption, the pesticide authorized and
Public Docket (OPP Docket) in the
the pests, the crop or use for which
Environmental Protection Agency
authorized, number of acres (if
Docket Center (EPA/DC), West William
applicable), and the duration of the
Jefferson Clinton Bldg., Rm. 3334, 1301
exemption. EPA also gives the Federal
Constitution Ave. NW., Washington, DC
Register citation for the time-limited
20460–0001. The Public Reading Room
tolerance, if any.
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal III. Emergency Exemptions and Denials
holidays. The telephone number for the A. U.S. States and Territories
Public Reading Room is (202) 566–1744,
Alabama
and the telephone number for the OPP
Docket is (703) 305–5805. Please review Department of Agriculture
the visitor instructions and additional
Specific exemption: EPA authorized
information about the docket available
the use of flupyradifurone on a
at https://www.epa.gov/dockets.
maximum of 500 acres of sweet
II. Background
sorghum (forage and syrup) to control
EPA has granted or denied emergency sugarcane aphid. A time-limited
tolerance in connection with this action
exemptions to the following State and
has been established in 40 CFR
Federal agencies. The emergency
180.679(b). Effective June 12, 2017 to
exemptions may take the following
November 15, 2017.
form: Crisis, public health, quarantine,
or specific. EPA has also listed denied
Arizona
emergency exemption requests in this
Department of Agriculture
notice.
Specific exemption: EPA authorized
Under FIFRA section 18 (7 U.S.C.
the use of sulfoxaflor on a maximum of
136p), EPA can authorize the use of a
26,000 acres of sorghum (grain and
pesticide when emergency conditions
forage) to control sugarcane aphid. A
exist. Authorizations (commonly called
time-limited tolerance in connection
emergency exemptions) are granted to
with this action has been established in
State and Federal agencies and are of
40 CFR 180.668(b). Effective May 1,
four types:
2017 to November 30, 2017.
1. A ‘‘specific exemption’’ authorizes
EPA authorized the use of sulfoxaflor
use of a pesticide against specific pests
on a maximum of 150,000 acres of
on a limited acreage in a particular
cotton to control tarnished plant bug
State. Most emergency exemptions are
(Lygus spp.). A permanent tolerance in
specific exemptions.
connection with an earlier registration
2. ‘‘Quarantine’’ and ‘‘public health’’
action has been established in 40 CFR
exemptions are emergency exemptions
180.668(a). Effective June 1, 2017 to
issued for quarantine or public health
October 31, 2017.
purposes. These are rarely requested.
3. A ‘‘crisis exemption’’ is initiated by Arkansas
a State or Federal agency (and is
State Plant Board
confirmed by EPA) when there is
insufficient time to request and obtain
Specific exemptions: EPA authorized
EPA permission for use of a pesticide in the use of sulfoxaflor on a maximum of
an emergency.
420,000 acres of cotton to control
EPA may deny an emergency
tarnished plant bug (Lygus lineolaris). A
exemption: If the State or Federal
permanent tolerance in connection with
agency cannot demonstrate that an
an earlier registration action has been
emergency exists, if the use poses
established in 40 CFR 180.668(a).
unacceptable risks to the environment,
Effective June 1, 2017 to October 31,
or if EPA cannot reach a conclusion that 2017.
EPA authorized the use of
the proposed pesticide use is likely to
flupyradifurone on a maximum of 200
result in ‘‘a reasonable certainty of no
acres of sweet sorghum (forage and
harm’’ to human health, including
syrup) to control sugarcane aphid. A
exposure of residues of the pesticide to
time-limited tolerance in connection
infants and children.
with this action has been established in
If the emergency use of the pesticide
40 CFR 180.679(b). Effective June 12,
on a food or feed commodity would
2017 to November 15, 2017.
result in pesticide chemical residues,
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Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Notices
California
Georgia
Department of Pesticide Regulation
Department of Agriculture
Specific exemptions: EPA authorized
the use of sulfoxaflor on a maximum of
50,000 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.668(b). May 1, 2017 to
November 30, 2017.
EPA authorized the use of
flupyradifurone on a maximum of 200
acres of sweet sorghum (forage and
syrup) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.679(b). Effective June 12,
2017 to November 15, 2017.
Specific exemption: EPA authorized
the use of methoxyfenozide on a
maximum of 100,000 acres of rice to
control armyworm (Mythimna
unipuncta) and Western Yellow striped
Armyworm (Spodoptera praefica). A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.544(b). Effective June 30,
2017 to October 4, 2017.
Colorado
Department of Agriculture
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
500,000 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
Delaware
Department of Agriculture
Specific exemptions: EPA authorized
the use of bifenthrin on a maximum of
415 acres of apples, pears, and
nectarines, to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.442(b). Effective April 20, 2017 to
October 15, 2017.
EPA authorized the use of dinotefuran
on a maximum of 415 acres of pome and
stone fruit to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.603(b). Effective May 22, 2017 to
October 15, 2017.
Florida
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Department of Agriculture and
Consumer Services
Quarantine exemption: EPA
authorized the use of propiconazole on
a maximum of 7,500 acres of avocado
trees to control Laurel wilt (Raffaelea
lauricola). A time-limited tolerance in
connection with this action has been
established in 40 CFR 180.434(b).
Effective April 3, 2017 to April 3, 2020.
Public health exemptions: EPA
authorized use of pyriproxyfen (a
larvicide) and Beauveria bassiana (a
fungus pathogenic to adult insects) to
help control Aedes species of
mosquitoes, vectors of the zika virus, in
Florida. Effective June 15, 2017 to June
15, 2018.
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Hawaii
Department of Agriculture
Crisis exemption: On May 31, 2017
the Hawaii Department of Agriculture
declared a crisis exemption for the use
of tolfenpyrad on watermelon to control
watermelon thrips. The use season is
expected to last until October 31, 2017,
and a specific exemption request was
also submitted.
Kansas
Department of Agriculture
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
2,850,000 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
Kentucky
Department of Agriculture
Specific exemption: EPA authorized
the use of flupyradifurone on a
maximum of 1,500 acres of sweet
sorghum (forage and syrup) to control
sugarcane aphid. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.679(b). Effective June 12, 2017 to
November 15, 2017.
Maryland
Department of Agriculture
Specific exemptions: EPA authorized
the use of bifenthrin on a maximum of
3,570 acres of apples, pears, and
nectarines, to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.442(b). Effective April 20, 2017 to
October 15, 2017.
EPA authorized the use of dinotefuran
on a maximum of 3,730 acres of pome
and stone fruit to control the brown
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marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.603(b). Effective May 22, 2017 to
October 15, 2017.
Michigan
Department of Agriculture
Crisis exemption: On June 29, 2017
the Michigan Department of Agriculture
declared a crisis exemption for the use
of zeta-cypermethrin on tart cherries to
control Spotted Wing Drosophila. The
use season is expected to last until
August 15, 2017, and a specific
exemption request was also submitted.
Mississippi
Department of Agriculture and
Commerce
Specific exemptions: EPA authorized
the use of sulfoxaflor on a maximum of
750,000 acres of cotton to control
tarnished plant bug (Lygus lineolaris). A
permanent tolerance in connection with
an earlier registration action has been
established in 40 CFR 180.668(a).
Effective June 1, 2017 to October 31,
2017.
EPA authorized the use of
flupyradifurone on a maximum of 1,000
acres of sweet sorghum (forage and
syrup) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.679(b). Effective June 12,
2017 to November 15, 2017.
Missouri
Department of Agriculture
Specific exemptions: EPA authorized
the use of sulfoxaflor on a maximum of
85,000 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.668(b). April 20, 2017 to
November 30, 2017.
EPA authorized the use of sulfoxaflor
on a maximum of 241,500 acres of
cotton to control tarnished plant bug
(Lygus lineolaris). A permanent
tolerance in connection with an earlier
registration action has been established
in 40 CFR 180.668(a). Effective June 1,
2017 to October 31, 2017.
New Mexico
Department of Agriculture
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
140,000 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.668(b). May 5, 2017 to
November 30, 2017.
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Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Notices
with this action has been established in
40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
New York
Department of Environmental
Conservation
Specific exemption: EPA authorized
the use of bifenthrin on a maximum of
7,321 acres of apples, pears, and
nectarines, to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.442(b). Effective June 26, 2017 to
October 15, 2017.
North Carolina
Department of Agriculture and
Consumer Services
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Specific exemptions: EPA authorized
the use of fluridone on a maximum of
25,000 acres of sweet potatoes to control
Palmer Amaranth. A tolerance is
established at 40 CFR 180.420(d) for
vegetable, root and tuber, group 1 at 0.1
ppm (for indirect or inadvertent
residues) which will support any
residues resulting from this emergency
use. Effective April 25, 2017 to July 20,
2017.
EPA authorized the use of sulfoxaflor
on a maximum of 50,000 acres of
sorghum (grain and forage) to control
sugarcane aphid. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.668(b). Effective May 5, 2017 to
November 30, 2017.
EPA authorized the use of bifenthrin
on a maximum of 3,000 acres of apples,
pears, and nectarines, to control the
brown marmorated stink bug. A timelimited tolerance in connection with
this action has been established in 40
CFR 180.442(b). Effective May 12, 2017
to October 15, 2017.
EPA authorized the use of dinotefuran
on a maximum of 4,000 acres of pome
and stone fruit to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.603(b). Effective May 22, 2017 to
October 15, 2017.
EPA authorized the use of
flupyradifurone on a maximum of 150
acres of sweet sorghum (forage and
syrup) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.679(b). Effective June 12,
2017 to November 15, 2017.
Oklahoma
Department of Agriculture
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
300,000 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
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Pennsylvania
Department of Agriculture
Specific exemptions: EPA authorized
the use of bifenthrin on a maximum of
24,973 acres of apples, pears, and
nectarines, to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.442(b). Effective April 20, 2017 to
October 15, 2017.
EPA authorized the use of dinotefuran
on a maximum of 24,974 acres of pome
and stone fruit to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.603(b). Effective May 22, 2017 to
October 15, 2017.
South Carolina
Department of Pesticide Regulation
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
19,600 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
56823
bulb onions to control thrips (Thrips
tabaci). A time-limited tolerance in
connection with this action will be
established in 40 CFR 180.675(b).
Effective June 2, 2017 to July 10, 2017.
Virginia
Department of Agriculture and
Consumer Services
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
16,591 acres of sorghum (grain and
forage) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
EPA authorized the use of bifenthrin
on a maximum of 29,000 acres of
apples, pears, and nectarines, to control
the brown marmorated stink bug. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.442(b). Effective April 20,
2017 to October 15, 2017.
EPA authorized the use of dinotefuran
on a maximum of 29,000 acres of pome
and stone fruit to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.603(b). Effective May 22, 2017 to
October 15, 2017.
West Virginia
Tennessee
Department of Agriculture
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
240,000 acres of cotton to control
tarnished plant bug (Lygus lineolaris). A
permanent tolerance in connection with
an earlier registration action has been
established in 40 CFR 180.668(a).
Effective June 1, 2017 to September 30,
2017.
EPA authorized the use of
flupyradifurone on a maximum of 750
acres of sweet sorghum (forage and
syrup) to control sugarcane aphid. A
time-limited tolerance in connection
with this action has been established in
40 CFR 180.679(b). Effective June 12,
2017 to November 15, 2017.
Department of Agriculture
Specific exemption: EPA authorized
the use of bifenthrin on a maximum of
5,986 acres of apples, pears, and
nectarines, to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.442(b). Effective May 5, 2017 to
October 15, 2017.
EPA authorized the use of dinotefuran
on a maximum of 5,986 acres of pome
and stone fruit to control the brown
marmorated stink bug. A time-limited
tolerance in connection with this action
has been established in 40 CFR
180.603(b). Effective May 22, 2017 to
October 15, 2017.
Texas
B. Federal Departments and Agencies
Department of Agriculture
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of
5.5 million acres of cotton to control
tarnished plant bug (Lygus lineolaris). A
permanent tolerance in connection with
an earlier registration action has been
established in 40 CFR 180.668(a).
Effective April 28, 2017 to October 31,
2017.
EPA authorized the use of tolfenpyrad
on a maximum of 10,000 acres of dry
Defense Department
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Department of Defense
Armed Forces Pest Management Board
Specific exemption. EPA authorized
use of permethrin for treatment of
unoccupied military aircraft to comply
with disinsection requirements of Italy
and other countries, to prevent
dissemination of potential insect disease
vectors such as the Aedes mosquito,
vector of the zika virus. Signed June 26,
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Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Notices
2017, effective July 13, 2017 to July 13,
2018.
Centers for Disease Control and
Prevention
Public health exemptions: EPA
authorized use of pyriproxyfen (a
larvicide) and Beauveria bassiana (a
fungus pathogenic to adult insects) to
help control Aedes species of
mosquitoes, vectors of the zika virus, in
Puerto Rico. Effective May 12, 2017 to
May 12, 2018.
Authority: 7 U.S.C. 136 et seq.
Dated: October 18, 2017.
Michael Goodis,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2017–25831 Filed 11–29–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2016–0675; FRL–9968–41]
TSCA Reporting and Recordkeeping
Requirements; Standards for Small
Manufacturers and Processors; Final
Determination
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Notice.
On December 15, 2016, EPA
issued a notice in the Federal Register
requesting public comment on whether
revision to the current size standards for
small manufacturers and processors,
which are used in connection with
reporting regulations under the Toxic
Substances Control Act (TSCA) section
8(a), is warranted. This document
describes EPA’s final determination that
revision to the current size standards is
warranted.
SUMMARY:
For
technical information contact: Lynne
Blake-Hedges, Chemistry, Economics,
and Sustainable Strategies Division
(7406M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8807; email address:
blake-hedges.lynne@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Jkt 244001
review the adequacy of the standards for
determining which manufacturers and
A. Does this action apply to me?
processors qualify as small
You may be potentially affected by
manufacturers and processors for
this action if you manufacture or
purposes of TSCA sections 8(a)(1) and
process chemical substances or
8(a)(3). (Note that under TSCA section
mixtures. The following list of North
3(9), manufacture includes import.)
American Industrial Classification
TSCA furthermore requires that (after
System (NAICS) codes is not intended
consulting with the Small Business
to be exhaustive, but rather provides a
Administration and providing public
guide to help readers determine whether notice and an opportunity for comment)
this document applies to them.
EPA determine whether revision of the
Potentially affected entities may
standards is warranted. For the reasons
include:
described below, EPA determines that
• Basic Chemical Manufacturers
revision of the standards is warranted.
In the 1980s, EPA issued standards
(NAICS code 3251);
• Resin, Synthetic Rubber, and
that are used in identifying which
Artificial Synthetic Fibers and Filament businesses qualify as small
Manufacturers (NAICS code 3252);
manufacturers and processors for
• Pesticide, Fertilizer, and Other
purposes of the reporting and
Agricultural Chemical Manufacturers
recordkeeping rules issued under TSCA
(NAICS code 3253);
section 8(a). Under TSCA section
• Paint, Coating, and Adhesive
8(a)(1), small manufacturers and
Manufacturers (NAICS code 3255);
processors are generally exempt from
• Other Chemical Product and
section 8(a) reporting requirements,
Preparation Manufacturers (NAICS code except in limited cases set forth in
3259); and
TSCA section 8(a)(3).
• Petroleum Refineries (NAICS code
In 1982, EPA finalized standards for
32411).
determining which manufacturers of a
B. How can I get copies of this document reportable chemical substance qualify as
small manufacturers for purposes of the
and other related information?
section 8(a) Preliminary Assessment
The docket for this action, identified
Information Reporting (PAIR) rules,
by docket identification (ID) number
codified in 40 CFR part 712, subpart B.
EPA–HQ–OPPT–2016–0675, is available The small manufacturer standard for
at https://www.regulations.gov or at the
PAIR rules is found at 40 CFR 712.25(c).
Office of Pollution Prevention and
In 1988, EPA established general
Toxics Docket (OPPT Docket),
small manufacturer standards for use in
Environmental Protection Agency
other rules issued under TSCA section
Docket Center (EPA/DC), West William
8(a) (40 CFR 704.3). For example, these
Jefferson Clinton Bldg., Rm. 3334, 1301
are the standards that now apply to the
Constitution Ave. NW., Washington,
Chemical Data Reporting (CDR) rule (40
DC. The Public Reading Room is open
CFR part 711). The general standards are
from 8:30 a.m. to 4:30 p.m., Monday
somewhat different from the earlier
through Friday, excluding legal
standards that are codified for use in the
holidays. The telephone number for the PAIR rules. The general small
Public Reading Room is (202) 566–1744, manufacturer standards are as follows:
and the telephone number for the OPPT
Small manufacturer or importer
Docket is (202) 566–0280. Please review means a manufacturer or importer that
the visitor instructions and additional
meets either of the following standards:
1. First standard. A manufacturer or
information about the docket available
importer of a substance is small if its
at https://www.epa.gov/dockets.
total annual sales, when combined with
II. What action is the agency taking?
those of its parent company (if any), are
On June 22, 2016, President Obama
less than $40 million. However, if the
signed into law the Frank R. Lautenberg annual production or importation
Chemical Safety for the 21st Century
volume of a particular substance at any
Act which amends the Toxic Substance
individual site owned or controlled by
Control Act (TSCA), the nation’s
the manufacturer or importer is greater
primary chemicals management law. A
than 45,400 kilograms (100,000
summary of the new law is available at
pounds), the manufacturer or importer
https://www.epa.gov/assessing-andshall not qualify as small for purposes
managing-chemicals-under-tsca/frank-r- of reporting on the production or
lautenberg-chemical-safety-21stimportation of that substance at that
century-act. This particular action
site, unless the manufacturer or
involves revised TSCA section
importer qualifies as small under
8(a)(3)(C), which requires EPA, after
standard (2) of this definition.
2. Second standard. A manufacturer
consultation with the Administrator of
or importer of a substance is small if its
the Small Business Administration, to
I. General Information
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]]>Agencies
[Federal Register Volume 82, Number 229 (Thursday, November 30, 2017)]
[Notices]
[Pages 56821-56824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25831]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2017-0009; FRL-9966-69]
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 1, 2017 to June 30, 2017 to control
unforeseen pest outbreaks.
FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address:
RDFRNotices@epa.gov.
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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
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 or denial.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0009, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
II. Background
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.
Under FIFRA section 18 (7 U.S.C. 136p), 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 emergency
exemptions 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
Alabama
Department of Agriculture
Specific exemption: EPA authorized the use of flupyradifurone on a
maximum of 500 acres of sweet sorghum (forage and syrup) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.679(b). Effective June 12,
2017 to November 15, 2017.
Arizona
Department of Agriculture
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 26,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). Effective May 1, 2017
to November 30, 2017.
EPA authorized the use of sulfoxaflor on a maximum of 150,000 acres
of cotton to control tarnished plant bug (Lygus spp.). A permanent
tolerance in connection with an earlier registration action has been
established in 40 CFR 180.668(a). Effective June 1, 2017 to October 31,
2017.
Arkansas
State Plant Board
Specific exemptions: EPA authorized the use of sulfoxaflor on a
maximum of 420,000 acres of cotton to control tarnished plant bug
(Lygus lineolaris). A permanent tolerance in connection with an earlier
registration action has been established in 40 CFR 180.668(a).
Effective June 1, 2017 to October 31, 2017.
EPA authorized the use of flupyradifurone on a maximum of 200 acres
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.
[[Page 56822]]
California
Department of Pesticide Regulation
Specific exemption: EPA authorized the use of methoxyfenozide on a
maximum of 100,000 acres of rice to control armyworm (Mythimna
unipuncta) and Western Yellow striped Armyworm (Spodoptera praefica). A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.544(b). Effective June 30, 2017 to October 4,
2017.
Colorado
Department of Agriculture
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 500,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
Delaware
Department of Agriculture
Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 415 acres of apples, pears, and nectarines, to control the
brown marmorated stink bug. A time-limited tolerance in connection with
this action has been established in 40 CFR 180.442(b). Effective April
20, 2017 to October 15, 2017.
EPA authorized the use of dinotefuran on a maximum of 415 acres of
pome and stone fruit to control the brown marmorated stink bug. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.603(b). Effective May 22, 2017 to October 15, 2017.
Florida
Department of Agriculture and Consumer Services
Quarantine exemption: EPA authorized the use of propiconazole on a
maximum of 7,500 acres of avocado trees to control Laurel wilt
(Raffaelea lauricola). A time-limited tolerance in connection with this
action has been established in 40 CFR 180.434(b). Effective April 3,
2017 to April 3, 2020.
Public health exemptions: EPA authorized use of pyriproxyfen (a
larvicide) and Beauveria bassiana (a fungus pathogenic to adult
insects) to help control Aedes species of mosquitoes, vectors of the
zika virus, in Florida. Effective June 15, 2017 to June 15, 2018.
Georgia
Department of Agriculture
Specific exemptions: EPA authorized the use of sulfoxaflor on a
maximum of 50,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). May 1, 2017 to
November 30, 2017.
EPA authorized the use of flupyradifurone on a maximum of 200 acres
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.
Hawaii
Department of Agriculture
Crisis exemption: On May 31, 2017 the Hawaii Department of
Agriculture declared a crisis exemption for the use of tolfenpyrad on
watermelon to control watermelon thrips. The use season is expected to
last until October 31, 2017, and a specific exemption request was also
submitted.
Kansas
Department of Agriculture
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 2,850,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
Kentucky
Department of Agriculture
Specific exemption: EPA authorized the use of flupyradifurone on a
maximum of 1,500 acres of sweet sorghum (forage and syrup) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.679(b). Effective June 12,
2017 to November 15, 2017.
Maryland
Department of Agriculture
Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 3,570 acres of apples, pears, and nectarines, to control the
brown marmorated stink bug. A time-limited tolerance in connection with
this action has been established in 40 CFR 180.442(b). Effective April
20, 2017 to October 15, 2017.
EPA authorized the use of dinotefuran on a maximum of 3,730 acres
of pome and stone fruit to control the brown marmorated stink bug. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15,
2017.
Michigan
Department of Agriculture
Crisis exemption: On June 29, 2017 the Michigan Department of
Agriculture declared a crisis exemption for the use of zeta-
cypermethrin on tart cherries to control Spotted Wing Drosophila. The
use season is expected to last until August 15, 2017, and a specific
exemption request was also submitted.
Mississippi
Department of Agriculture and Commerce
Specific exemptions: EPA authorized the use of sulfoxaflor on a
maximum of 750,000 acres of cotton to control tarnished plant bug
(Lygus lineolaris). A permanent tolerance in connection with an earlier
registration action has been established in 40 CFR 180.668(a).
Effective June 1, 2017 to October 31, 2017.
EPA authorized the use of flupyradifurone on a maximum of 1,000
acres of sweet sorghum (forage and syrup) to control sugarcane aphid. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.679(b). Effective June 12, 2017 to November
15, 2017.
Missouri
Department of Agriculture
Specific exemptions: EPA authorized the use of sulfoxaflor on a
maximum of 85,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). April 20, 2017 to
November 30, 2017.
EPA authorized the use of sulfoxaflor on a maximum of 241,500 acres
of cotton to control tarnished plant bug (Lygus lineolaris). A
permanent tolerance in connection with an earlier registration action
has been established in 40 CFR 180.668(a). Effective June 1, 2017 to
October 31, 2017.
New Mexico
Department of Agriculture
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 140,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). May 5, 2017 to
November 30, 2017.
[[Page 56823]]
New York
Department of Environmental Conservation
Specific exemption: EPA authorized the use of bifenthrin on a
maximum of 7,321 acres of apples, pears, and nectarines, to control the
brown marmorated stink bug. A time-limited tolerance in connection with
this action has been established in 40 CFR 180.442(b). Effective June
26, 2017 to October 15, 2017.
North Carolina
Department of Agriculture and Consumer Services
Specific exemptions: EPA authorized the use of fluridone on a
maximum of 25,000 acres of sweet potatoes to control Palmer Amaranth. A
tolerance is established at 40 CFR 180.420(d) for vegetable, root and
tuber, group 1 at 0.1 ppm (for indirect or inadvertent residues) which
will support any residues resulting from this emergency use. Effective
April 25, 2017 to July 20, 2017.
EPA authorized the use of sulfoxaflor on a maximum of 50,000 acres
of sorghum (grain and forage) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.668(b). Effective May 5, 2017 to November 30, 2017.
EPA authorized the use of bifenthrin on a maximum of 3,000 acres of
apples, pears, and nectarines, to control the brown marmorated stink
bug. A time-limited tolerance in connection with this action has been
established in 40 CFR 180.442(b). Effective May 12, 2017 to October 15,
2017.
EPA authorized the use of dinotefuran on a maximum of 4,000 acres
of pome and stone fruit to control the brown marmorated stink bug. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15,
2017.
EPA authorized the use of flupyradifurone on a maximum of 150 acres
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.
Oklahoma
Department of Agriculture
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 300,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
Pennsylvania
Department of Agriculture
Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 24,973 acres of apples, pears, and nectarines, to control
the brown marmorated stink bug. A time-limited tolerance in connection
with this action has been established in 40 CFR 180.442(b). Effective
April 20, 2017 to October 15, 2017.
EPA authorized the use of dinotefuran on a maximum of 24,974 acres
of pome and stone fruit to control the brown marmorated stink bug. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15,
2017.
South Carolina
Department of Pesticide Regulation
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 19,600 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
Tennessee
Department of Agriculture
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 240,000 acres of cotton to control tarnished plant bug
(Lygus lineolaris). A permanent tolerance in connection with an earlier
registration action has been established in 40 CFR 180.668(a).
Effective June 1, 2017 to September 30, 2017.
EPA authorized the use of flupyradifurone on a maximum of 750 acres
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.
Texas
Department of Agriculture
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 5.5 million acres of cotton to control tarnished plant bug
(Lygus lineolaris). A permanent tolerance in connection with an earlier
registration action has been established in 40 CFR 180.668(a).
Effective April 28, 2017 to October 31, 2017.
EPA authorized the use of tolfenpyrad on a maximum of 10,000 acres
of dry bulb onions to control thrips (Thrips tabaci). A time-limited
tolerance in connection with this action will be established in 40 CFR
180.675(b). Effective June 2, 2017 to July 10, 2017.
Virginia
Department of Agriculture and Consumer Services
Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 16,591 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). Effective April 9,
2017 to November 30, 2017.
EPA authorized the use of bifenthrin on a maximum of 29,000 acres
of apples, pears, and nectarines, to control the brown marmorated stink
bug. A time-limited tolerance in connection with this action has been
established in 40 CFR 180.442(b). Effective April 20, 2017 to October
15, 2017.
EPA authorized the use of dinotefuran on a maximum of 29,000 acres
of pome and stone fruit to control the brown marmorated stink bug. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15,
2017.
West Virginia
Department of Agriculture
Specific exemption: EPA authorized the use of bifenthrin on a
maximum of 5,986 acres of apples, pears, and nectarines, to control the
brown marmorated stink bug. A time-limited tolerance in connection with
this action has been established in 40 CFR 180.442(b). Effective May 5,
2017 to October 15, 2017.
EPA authorized the use of dinotefuran on a maximum of 5,986 acres
of pome and stone fruit to control the brown marmorated stink bug. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15,
2017.
B. Federal Departments and Agencies
Defense Department
Department of Defense
Armed Forces Pest Management Board
Specific exemption. EPA authorized use of permethrin for treatment
of unoccupied military aircraft to comply with disinsection
requirements of Italy and other countries, to prevent dissemination of
potential insect disease vectors such as the Aedes mosquito, vector of
the zika virus. Signed June 26,
[[Page 56824]]
2017, effective July 13, 2017 to July 13, 2018.
Centers for Disease Control and Prevention
Public health exemptions: EPA authorized use of pyriproxyfen (a
larvicide) and Beauveria bassiana (a fungus pathogenic to adult
insects) to help control Aedes species of mosquitoes, vectors of the
zika virus, in Puerto Rico. Effective May 12, 2017 to May 12, 2018.
Authority: 7 U.S.C. 136 et seq.
Dated: October 18, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-25831 Filed 11-29-17; 8:45 am]
BILLING CODE 6560-50-P
