[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57081-57084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22746]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0335; FRL-9916-40]


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

[[Page 57082]]

listed in this notice. The exemptions were granted during the period 
April 1, 2014 to June 30, 2014 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; main 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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     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-2014-0335, 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 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

Arkansas
State Plant Board
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 17, 2014 to 
December 31, 2014.
Arizona
Department of Agriculture
    Specific Exemption: EPA authorized the use of flutriafol on cotton 
to control cotton root rot; April 14, 2014 to June 15, 2014.
Delaware
Department of Agriculture
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; April 
29, 2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; June 20, 
2014 to October 15, 2014.
Florida
Department of Agriculture and Consumer Services
    Crisis Exemption: On April 8, 2014, for use of clothianidin on 
young citrus trees to control transmission of Huanglongbing disease 
caused by Asian Citrus Psyllid. Florida Department of Agriculture and 
Consumer Services has also submitted a specific exemption request which 
allows the use to continue beyond the 15 days allowed under a crisis 
exemption, because the use is needed until November 1, 2014. EPA is 
currently evaluating that request. Since this use is for a 
neonicotinoid, EPA published a notice of receipt for the specific 
exemption request in the Federal Register on May 21, 2014 (79 FR 29185) 
(FRL-9909-94) with the public comment period closing on May 28, 2014.
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 16, 2014 to December 
31, 2014.
    Specific Exemption: EPA authorized the use of streptomycin on 
grapefruit to control citrus canker; June 12, 2014 to June 12, 2015. 
EPA authorized the use because available alternative controls are not 
adequate to effectively control this disease, since they cause 
phytotoxic effects to the citrus when used during higher temperatures. 
Significant economic losses are occurring without control of this 
pathogen, which has become a serious threat to the fresh-market 
grapefruit industry in Florida. Since this request proposed the use of 
a material also used in humans and animals as an antibiotic drug, a 
notice of receipt published in the Federal Register on May 21, 2014 (79 
FR 29185) (FRL-9909-94) with the public comment period closing on May 
28, 2014.
Georgia
Department of Agriculture
    Specific Exemption: EPA authorized the use of terbufos on cotton to 
control southern root knot nematodes; May 20, 2014 to July 1, 2014. EPA 
authorized the use because the loss of the industry standard tool 
resulted in a critical and urgent emergency situation and alternative 
controls were not adequate to effectively control this disease. Since 
this request proposed the use of an active ingredient which belongs to 
the organophosphate class of pesticides, a

[[Page 57083]]

notice of receipt published in the Federal Register on May 21, 2014 (79 
FR 29185) (FRL-9909-94) with the public comment period closing on May 
28, 2014.
Kentucky
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 22, 2014 to December 
31, 2014.
Louisiana
Department of Agriculture and Forestry
    Quarantine Exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive crazy ant 
species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; April 23, 2014 to November 1, 2015.
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 18, 2014 to 
December 31, 2014.
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; April 30, 2014 to October 31, 2014.
Maine
Department of Agriculture, Conservation and Forestry
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 23, 2014 to 
December 31, 2014.
Maryland
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 23, 2014 to 
December 31, 2014.
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; April 
29, 2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; June 20, 
2014 to October 15, 2014.
Massachusetts
Department of Agricultural Resources
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 17, 2014 to 
December 31, 2014.
Michigan
Department of Agriculture and Rural Development
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; April 
29, 2014 to November 30, 2014.
Mississippi
Department of Agriculture and Commerce
    Quarantine Exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive crazy ant 
species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; May 22, 2014 to November 1, 2015.
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 29, 2014 to 
December 31, 2014.
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; June 12, 2014 to October 31, 2014.
Missouri
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 18, 2014 to 
December 31, 2014.
Nebraska
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 16, 2014 to December 
31, 2014.
Nevada
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 17, 2014 to 
December 31, 2014.
New York
Department of Environmental Conservation
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; June 20, 
2014 to October 15, 2014.
North Carolina
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; May 28, 
2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; June 20, 
2014 to October 15, 2014.
North Dakota
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 17, 2014 to 
December 31, 2014.
Ohio
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 18, 2014 to 
December 31, 2014.
Oklahoma
Department of Agriculture, Food, and Forestry
    Specific Exemption: EPA authorized the use of flutriafol on cotton 
to control cotton root rot; April 14, 2014 to June 30, 2014.
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 17, 2014 to 
December 31, 2014.
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; April 30, 2014 to October 31, 2014.
Pennsylvania
Department of Agriculture
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; May 28, 
2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; June 20, 
2014 to October 15, 2014.
South Carolina
Department of Agriculture
    Specific Exemption: EPA authorized the use of terbufos on cotton to 
control southern root knot nematodes; May 30, 2014 to July 1, 2014.
South Dakota
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; May 16, 2014 to December 
31, 2014.

[[Page 57084]]

Texas
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; April 24, 2014 to October 31, 2014.
Virginia
Department of Agriculture and Consumer Services
    Specific Exemptions: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; April 
29, 2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; June 20, 
2014 to October 15, 2014.
Washington State
Department of Agriculture
    Specific Exemption: EPA authorized the use of lambda-cyhalothrin on 
asparagus to control European asparagus aphid; May 22, 2014 to 
September 30, 2014.
West Virginia
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; April 23, 2014 to 
December 31, 2014.
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
fruit and stone fruit to control the brown marmorated stinkbug; April 
29, 2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; June 20, 
2014 to October 15, 2014.
Wyoming
Department of Agriculture
    Specific Exemption: EPA authorized the use of diflubenzuron on 
alfalfa to control the Mormon cricket and grasshoppers; June 6, 2014 to 
October 31, 2014. EPA authorized the use because projected levels of 
grasshoppers are very high for 2014 and the available alternatives are 
not expected to avert significant economic losses under outbreak 
conditions. Since this use has been requested for more than 5 years and 
an application for registration has not yet been received by EPA, a 
Notice of Receipt with opportunity for public comment published in the 
Federal Register, as required by 40 CFR 166.24, on April 30, 2014 (79 
FR 24418) (FRL-9908-39) with public comment period closing on May 15, 
2014.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspection Service
    Quarantine Exemption: EPA authorized a quarantine exemption to 
permit cotton growers to plant up to 100% of cotton acreage to 
transgenic (Bt) cotton, in conjunction with sterile insect release, as 
a Pink Bollworm (PBW) eradication strategy, in the PBW eradication area 
in California; April 23, 2014 to April 23, 2017.

    Authority: 7 U.S.C. 136 et seq.

    Dated: September 17, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-22746 Filed 9-23-14; 8:45 am]
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