[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Notices]
[Pages 3201-3203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00926]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0069; FRL-9904-61]


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 April 1, 2013 to September 30, 2013 to control unforeseen 
pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 305-7090; 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:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).

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-2013-0069, 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), EPA West 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 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, 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, the type of exemption, the pesticide authorized 
and the pests, the crop or use for which authorized, and the duration 
of the exemption.

III. Emergency Exemptions

A. U.S. States and Territories

Alabama
Department of Agriculture and Industries
    Specific exemption: EPA authorized the use of mandipropamid on 
greenhouse grown basil to control downy mildew; April 19, 2013 to 
December 31, 2013.
    Specific exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 1, 2013 to December 
31, 2013.
Arkansas
State Plant Board
    Specific exemption: EPA authorized the use of anthraquinone on rice 
seed to repel blackbirds; May 9, 2013 to June 15, 2013.
California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of mandipropamid on 
greenhouse and shade house grown basil to control downy mildew; June 
20, 2013 to June 19, 2014.
    Specific exemption: EPA authorized the use of methoxyfenozide on 
dates to control carob moth; July 11, 2013 to October 15, 2013.
Delaware
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; May 
31, 2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; June 7, 
2013 to October 15, 2013.
Illinois
Department of Agriculture
    Specific exemption: EPA authorized the use of mandipropamid on 
basil to control downy mildew; April 5, 2013 to October 15, 2013.

[[Page 3202]]

Kansas
Department of Agriculture
    Specific exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 9, 2013 to 
December 31, 2013.
Louisiana
Department of Agriculture and Forestry
    Specific exemption: EPA authorized the use of fluxapyroxad on rice 
to control sheath blight; May 1, 2013 to August 1, 2013.
    Specific exemption: EPA authorized the use of imidacloprid on 
sugarcane to control West Indian canefly on May 23, 2013; Effective 
dates June 1, 2013 to August 31, 2013.
Maryland
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; May 
31, 2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; June 7, 
2013 to October 15, 2013.
Michigan
Department of Agriculture and Rural Development
    Crisis exemption: EPA concurred with the reduced preharvest 
interval for the use of spinetoram on blueberries to control spotted 
wing drosophila; July 9, 2013.
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; May 
31, 2013 to November 30, 2013.
New Jersey
Department of Environmental Protection
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; July 
16, 2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; 
August 2, 2013 to October 15, 2013.
New Mexico
Department of Agriculture
    Specific exemption: EPA authorized the use of spirotetramat on dry 
bulb onions to control thrips; April 12, 2013 to October 31, 2013.
New York
Department of Environmental Conservation
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; June 7, 
2013 to October 15, 2013.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; May 
31, 2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; June 7, 
2013 to October 15, 2013.
Oklahoma
Department of Agriculture, Food, and Forestry
    Specific exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 1, 2013 to December 
31, 2013.
Oregon
Department of Agriculture
    Specific exemption: EPA authorized the use of fipronil on rutabaga 
and turnip to control the cabbage maggot; June 24, 2013 to September 
30, 2013.
Pennsylvania
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; May 
31, 2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; June 7, 
2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of etofenprox to control 
sciarid and phorid flies in mushroom houses; September 6, 2013 to 
September 6, 2014.
South Carolina
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of fluridone on cotton 
to control glyphosate-resistant Palmer amaranth; April 15, 2013 to 
August 1, 2013.
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of sodium salt of 
fomesafen on immature soybean (edamame) to control glyphosate-resistant 
Palmer amaranth; July 1, 2013 to July 31, 2013.
Virginia
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; May 
31, 2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; June 7, 
2013 to October 15, 2013.
Washington
State Department of Agriculture
    Specific exemption: EPA authorized the use of lambda-cyhalothrin on 
asparagus to control European asparagus aphid (Brachycolus asparagi); 
June 28, 2013 to September 30, 2013.
West Virginia
Department of Agriculture
    Specific exemption: EPA authorized the use of dinotefuran on pome 
fruits and stone fruits to control the brown marmorated stink bug; May 
31, 2013 to October 15, 2013.
    Specific exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stink bug; June 7, 
2013 to October 15, 2013.

B. Federal Departments and Agencies

Agriculture Department
    Quarantine exemption: EPA authorized the use of ethylene oxide 
(ETO) to sterilize the interior surfaces of enclosed animal and 
auxiliary isolator units at the National Veterinary Services 
Laboratories and the National Animal Disease Center. May 14, 2013 to 
December 31, 2014.
National Aeronautics and Space Administration
    Specific exemption: EPA authorized the use of ortho-phthalaldehyde 
(OPA) to control aerobic/microaerophilic water bacteria in the internal 
active thermal control system coolant of the International Space 
Station; August 9, 2013 to August 8, 2014.

List of Subjects

    Environmental protection, Pesticides and pests.


[[Page 3203]]


    Dated: January 10, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-00926 Filed 1-16-14; 8:45 am]
BILLING CODE 6560-50-P