Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations, 30127-30128 [2023-09880]

Download as PDF Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices and competing applications using the Commission’s eFiling system at https:// ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https://ferconline.ferc.gov/ QuickComment.aspx. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support. In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P–15292–000. More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’ link of the Commission’s website at https://www.ferc.gov/docs-filing/ elibrary.asp. Enter the docket number (P–15292) in the docket number field to access the document. For assistance, contact FERC Online Support. Dated: May 4, 2023. Kimberly D. Bose, Secretary. [FR Doc. 2023–09937 Filed 5–9–23; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2023–0015; FRL–10897–01– OCSPP] Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period October 1, 2022, to March 31, 2023, to control unforeseen pest outbreaks. FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:49 May 09, 2023 Jkt 259001 30127 for a specific crop/site on a limited acreage, or other unit for treatment (e.g., square footage, cartons of produce in a particular State. Most emergency I. General Information exemptions are specific exemptions. 2. ‘‘Quarantine’’ and ‘‘public health’’ A. Does this action apply to me? exemptions are emergency exemptions You may be potentially affected by issued for quarantine or public health this action if you are an agricultural purposes. These are requested less producer, food manufacturer, or frequently than specific exemptions. pesticide manufacturer. The following 3. A ‘‘crisis exemption’’ is initiated by list of North American Industrial a State or Federal agency (and is Classification System (NAICS) codes is concurred upon by EPA) when there is not intended to be exhaustive, but rather insufficient time to request and obtain provides a guide to help readers EPA permission for emergency use of a determine whether this document pesticide under one of the other types applies to them. Potentially affected of emergency exemptions. entities may include: EPA may deny an emergency • Crop production (NAICS code 111). exemption request: If the State or • Animal production (NAICS code Federal agency cannot demonstrate that 112). an emergency exists, if the use poses • Food manufacturing (NAICS code unacceptable risks to the environment, 311). or if EPA cannot reach a conclusion that • Pesticide manufacturing (NAICS the proposed pesticide use is likely to code 32532). result in ‘‘a reasonable certainty of no If you have any questions regarding harm’’ to human health, including the applicability of this action to a exposure of infants and children to particular entity, consult the person residues of the pesticide. listed at the end of the emergency If the emergency use of the pesticide exemption. on a food or feed commodity would B. How can I get copies of this document result in pesticide chemical residues, EPA establishes a time-limited tolerance and other related information? meeting the ‘‘reasonable certainty of no The docket for this action, identified harm standard’’ of the Federal Food, by docket identification (ID) number Drug, and Cosmetic Act (FFDCA). EPA–HQ–OPP–2023–0015, is available In this document: EPA identifies the at https://www.regulations.gov or at the State or Federal agency granted the Office of Pesticide Programs Regulatory exemption, the type of exemption, the Public Docket (OPP Docket) in the pesticide authorized, the pests, the crop Environmental Protection Agency or use for which authorized, number of Docket Center (EPA/DC), West William acres or other unit for treatment (if Jefferson Clinton Bldg., Rm. 3334, 1301 applicable), and the effective date of the Constitution Ave. NW, Washington, DC exemption. EPA also gives the Federal 20460–0001. The Public Reading Room Register citation for the time-limited is open from 8:30 a.m. to 4:30 p.m., tolerance, if any, and notes when a Monday through Friday, excluding legal Notice of Receipt (if required under 40 holidays. The telephone number for the CFR 166.24) was published in the Public Reading Room and the OPP Federal Register. Docket is (202) 566–1744. Please review III. Emergency Exemptions the visitor instructions and additional information about the docket available A. U.S. States and Territories at https://www.epa.gov/dockets. California II. Background Department of Pesticide Regulation EPA has granted emergency Specific exemption: EPA authorized exemptions to the following State and the use of kasugamycin on a maximum Federal agencies. The emergency of 102,000 acres of almond trees to exemptions may take the following control bacterial blast. Time-limited form: Crisis, public health, quarantine, tolerances in connection with a or specific. previous action are established in 40 Under FIFRA section 18 (7 U.S.C. CFR 180.614(b). This authorization was 136p), EPA can authorize the use of a effective February 1, 2023. pesticide when emergency conditions exist. Authorizations (commonly called Louisiana emergency exemptions) are granted to Department of Agriculture and Forestry State and Federal agencies and are of Specific exemption: EPA authorized four types: the use of triclopyr on a maximum of 1. A ‘‘specific exemption’’ authorizes 450,000 acres of sugarcane to control use of a pesticide against specific pests telephone number: (202) 566–1030; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1 30128 Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices divine nightshade. A time-limited tolerance in connection with this action is established in 40 CFR 180.417(b). The authorization was effective October 3, 2022. any U.S. geographical location. The authorization was effective March 3, 2023. Massachusetts Specific exemption: EPA authorized the use of ortho-phthaldehyde, immobilized to a porous resin, to treat the International Space Station (ISS) internal active thermal control system (IATCS) coolant for control of aerobic and microaerophilic water bacteria and unidentified gram-negative rods. This specific exemption was granted because, without this use, the ISS would have no means to control organisms in the IATCS since there are no registered alternatives available that meet the required criteria. The emergency request proposed a use of a new (unregistered) chemical. In accordance with the requirements at 40 CFR 166.24(a)(1), a notice of receipt published in the Federal Register on September 26, 2022, to allow a public comment period that closed on October 6, 2022. The authorization was effective October 7, 2022. Authority: 7 U.S.C. 136 et seq. Department of Agricultural Resources Specific exemption: EPA authorized the use of pronamide on a maximum of 5,000 acres of cranberries to control dodder. A time-limited tolerance in connection with this action is established in 40 CFR 180.317(b). The authorization was effective April 15, 2023. Texas Department of Agriculture Quarantine exemption: EPA authorized the use of thiamethoxam on a maximum of 190,000 acres of commercial rice fields to control the rice delphacid. Time-limited tolerances in connection with this action are established for thiamethoxam in 40 CFR 180.565(b). Section 18 use of thiamethoxam on rice results in potential clothianidin (a major metabolite of thiamethoxam) residues that, when combined with the residues from the Section 3 use of clothianidin on rice, requires an increase in the tolerance for residues of clothianidin in rice. Therefore, a time-limited tolerance is established in 40 CFR 180.586(b), to support this emergency use. The authorization was effective October 12, 2022. B. Federal Departments and Agencies United States Department of Agriculture lotter on DSK11XQN23PROD with NOTICES1 Animal and Plant Health Inspector Service Quarantine exemptions: EPA authorized the use of a mixture of sodium hypochlorite and propylene glycol in freezing temperatures to decontaminate hard, nonporous outdoor surfaces associated with poultry facilities infected with Newcastle disease virus. The authorization was effective October 18, 2022. EPA authorized the use of a mixture of potassium peroxymonosulfate and propylene glycol for disinfection of hard, nonporous surfaces associated with poultry facilities infected with Newcastle disease virus. The authorization was effective December 20, 2022. EPA authorized the use of methyl bromide to fumigate post-harvest unlabeled imported/domestic commodities to prevent the introduction/spread of any new or recently introduced foreign pest(s) to VerDate Sep<11>2014 17:49 May 09, 2023 Jkt 259001 National Aeronautics and Space Administration Dated: April 26, 2023. Charles Smith, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2023–09880 Filed 5–9–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OEJECR–2023–0099; FRL– 10939–01–OA] White House Environmental Justice Advisory Council; Notification of Public Meeting Environmental Protection Agency (EPA). ACTION: Notification for a public meeting. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), the U.S. Environmental Protection Agency (EPA) hereby provides notice that the White House Environmental Justice Advisory Council (WHEJAC) will meet on the dates and times described below. The meeting is open to the public. For additional information about registering to attend the meeting or provide public comment, please see ‘‘REGISTRATION’’ under SUPPLEMENTARY INFORMATION. PreRegistration is required. DATES: The WHEJAC will convene an in-person public meeting with a virtual option on Tuesday, June 13, 2023, at SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 approximately 6:00 p.m. Mountain Standard Time. The WHEJAC meeting continues Wednesday, June 14, 2023, and Thursday, June 15, 2023, from approximately 9:00 a.m.–5:00 p.m. Mountain Standard Time each day. Meeting discussions will focus on several topics including, but not limited to, workgroup activity, proposed recommendations for the Council on Environmental Quality’s (CEQ) consideration, CEQ briefings, new charges, and interaction between the White House Environmental Justice Interagency Council (IAC) and the WHEJAC. A public comment period relevant to current WHEJAC charges will be considered by the WHEJAC at the meeting on Tuesday, June 13, 2023, (see SUPPLEMENTARY INFORMATION). Members of the public who wish to speak during the public comment period must register by 11:59 p.m., Mountain Standard Time, June 6, 2023. ADDRESSES: The WHEJAC meeting will be held at the Renaissance Phoenix Downtown Hotel, 100 North 1st Street in Phoenix, Arizona 85004. FOR FURTHER INFORMATION CONTACT: Audrie Washington, WHEJAC Designated Federal Officer, U.S. EPA; email: whejac@epa.gov; telephone (312) 886–0669. Additional information about the WHEJAC is available at: https:// www.epa.gov/environmentaljustice/ white-house-environmental-justiceadvisory-council#meetings. SUPPLEMENTARY INFORMATION: The Charter of the WHEJAC states that the advisory committee will provide independent advice and recommendations to the Chair of the CEQ and to the White House Interagency Council on how to increase the Federal Government’s efforts to address current and historic environmental injustice, including recommendations for updating Executive Order 12898. The WHEJAC will provide advice and recommendations about broad crosscutting issues related but not limited to issues of environmental justice and pollution reduction, energy, climate change mitigation and resiliency, environmental health, and racial inequity. The WHEJAC’s efforts will include a broad range of strategic, scientific, technological, regulatory, community engagement, and economic issues related to environmental justice. I. Registration Individual registration is required for the public meeting. No two individuals can share the same registration link. Information on how to register is located at https://www.epa.gov/ E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30127-30128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09880]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0015; FRL-10897-01-OCSPP]


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 emergency exemptions under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of 
pesticides as listed in this notice. The exemptions were granted during 
the period October 1, 2022, to March 31, 2023, to control unforeseen 
pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505T), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address: 
[email protected].

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.

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-2023-0015, 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 and the OPP Docket is (202) 566-1744. Please review the 
visitor instructions and additional information about the docket 
available at https://www.epa.gov/dockets.

II. Background

    EPA has granted emergency exemptions to the following State and 
Federal agencies. The emergency exemptions may take the following form: 
Crisis, public health, quarantine, or specific.
    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 for a specific crop/site on a limited acreage, or other 
unit for treatment (e.g., square footage, cartons of produce 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 
requested less frequently than specific exemptions.
    3. A ``crisis exemption'' is initiated by a State or Federal agency 
(and is concurred upon by EPA) when there is insufficient time to 
request and obtain EPA permission for emergency use of a pesticide 
under one of the other types of emergency exemptions.
    EPA may deny an emergency exemption request: 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 infants and children to residues of the pesticide.
    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, the type of exemption, the pesticide authorized, 
the pests, the crop or use for which authorized, number of acres or 
other unit for treatment (if applicable), and the effective date of the 
exemption. EPA also gives the Federal Register citation for the time-
limited tolerance, if any, and notes when a Notice of Receipt (if 
required under 40 CFR 166.24) was published in the Federal Register.

III. Emergency Exemptions

A. U.S. States and Territories

California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of kasugamycin on a 
maximum of 102,000 acres of almond trees to control bacterial blast. 
Time-limited tolerances in connection with a previous action are 
established in 40 CFR 180.614(b). This authorization was effective 
February 1, 2023.
Louisiana
Department of Agriculture and Forestry
    Specific exemption: EPA authorized the use of triclopyr on a 
maximum of 450,000 acres of sugarcane to control

[[Page 30128]]

divine nightshade. A time-limited tolerance in connection with this 
action is established in 40 CFR 180.417(b). The authorization was 
effective October 3, 2022.
Massachusetts
Department of Agricultural Resources
    Specific exemption: EPA authorized the use of pronamide on a 
maximum of 5,000 acres of cranberries to control dodder. A time-limited 
tolerance in connection with this action is established in 40 CFR 
180.317(b). The authorization was effective April 15, 2023.
Texas
Department of Agriculture
    Quarantine exemption: EPA authorized the use of thiamethoxam on a 
maximum of 190,000 acres of commercial rice fields to control the rice 
delphacid. Time-limited tolerances in connection with this action are 
established for thiamethoxam in 40 CFR 180.565(b). Section 18 use of 
thiamethoxam on rice results in potential clothianidin (a major 
metabolite of thiamethoxam) residues that, when combined with the 
residues from the Section 3 use of clothianidin on rice, requires an 
increase in the tolerance for residues of clothianidin in rice. 
Therefore, a time-limited tolerance is established in 40 CFR 
180.586(b), to support this emergency use. The authorization was 
effective October 12, 2022.

B. Federal Departments and Agencies

United States Department of Agriculture
Animal and Plant Health Inspector Service
    Quarantine exemptions: EPA authorized the use of a mixture of 
sodium hypochlorite and propylene glycol in freezing temperatures to 
decontaminate hard, nonporous outdoor surfaces associated with poultry 
facilities infected with Newcastle disease virus. The authorization was 
effective October 18, 2022.
    EPA authorized the use of a mixture of potassium peroxymonosulfate 
and propylene glycol for disinfection of hard, nonporous surfaces 
associated with poultry facilities infected with Newcastle disease 
virus. The authorization was effective December 20, 2022.
    EPA authorized the use of methyl bromide to fumigate post-harvest 
unlabeled imported/domestic commodities to prevent the introduction/
spread of any new or recently introduced foreign pest(s) to any U.S. 
geographical location. The authorization was effective March 3, 2023.
National Aeronautics and Space Administration
    Specific exemption: EPA authorized the use of ortho-phthaldehyde, 
immobilized to a porous resin, to treat the International Space Station 
(ISS) internal active thermal control system (IATCS) coolant for 
control of aerobic and microaerophilic water bacteria and unidentified 
gram-negative rods. This specific exemption was granted because, 
without this use, the ISS would have no means to control organisms in 
the IATCS since there are no registered alternatives available that 
meet the required criteria. The emergency request proposed a use of a 
new (unregistered) chemical. In accordance with the requirements at 40 
CFR 166.24(a)(1), a notice of receipt published in the Federal Register 
on September 26, 2022, to allow a public comment period that closed on 
October 6, 2022. The authorization was effective October 7, 2022.
    Authority: 7 U.S.C. 136 et seq.

    Dated: April 26, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-09880 Filed 5-9-23; 8:45 am]
BILLING CODE 6560-50-P

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