Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 56821-56824 [2017-25831]

Download as PDF 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 daltland on DSKBBV9HB2PROD with NOTICES 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. VerDate Sep<11>2014 18:35 Nov 29, 2017 Jkt 244001 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 http://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 http://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, PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1 56822 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 daltland on DSKBBV9HB2PROD with NOTICES 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. VerDate Sep<11>2014 18:35 Nov 29, 2017 Jkt 244001 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 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 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. E:\FR\FM\30NON1.SGM 30NON1 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 daltland on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 18:35 Nov 29, 2017 Jkt 244001 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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 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, E:\FR\FM\30NON1.SGM 30NON1 56824 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. daltland on DSKBBV9HB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:35 Nov 29, 2017 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 http://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 http://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 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1

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 http://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 http://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