[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Notices]
[Pages 6515-6516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02308]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0335; FRL-9921-86]


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 July 1, 2014 to September 30, 2014 to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, 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).
    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-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 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

[[Page 6516]]

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, 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

Arkansas
State Plant Board
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; July 2, 2014 to October 31, 2014.
Colorado
Department of Agriculture
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; August 25, 2014 to 
December 31, 2014.
Florida
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of clothianidin on 
immature (3 to 5 years old) citrus trees to manage transmission of 
Huanglongbing (HLB) disease vectored by the Asian citrus psyllid; 
September 12, 2014 to October 31, 2014.
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; September 24, 2014 to December 31, 
2014.
Georgia
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; September 11, 2014 to November 30, 
2014.
Idaho
Department of Agriculture
    Crisis Exemption: On July 31, 2014, for use of hexythiazox on sugar 
beet to control two-spotted spider mites. This program ended on 
September 30, 2014.
Missouri
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; September 11, 2014 to November 30, 
2014.
New Jersey
Department of Environmental Protection
    Specific Exemption: EPA authorized the use of bifenthrin on apple, 
peach, and nectarine to control the brown marmorated stinkbug; July 3, 
2014 to October 15, 2014.
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
and stone fruit to control the brown marmorated stinkbug; July 3, 2014 
to October 15, 2014.
Oregon
Department of Agriculture
    Specific Exemption: EPA authorized the use of fipronil on turnip 
and rutabaga to control the cabbage maggot; July 7, 2014 to October 15, 
2014. EPA authorized the use because available alternatives are not 
suitable or do not provide adequate control to avoid significant 
economic losses under the increasing pest populations with resistance 
development suspected. 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 
June 4, 2014 (79 FR 32282) (FRL-9910-88) with public comment period 
closing on June 19, 2014.
    Crisis Exemption: On July 31, 2014, for use of hexythiazox on sugar 
beet to control two-spotted spider mites. This program ended on 
September 30, 2014.
Tennessee
Department of Agriculture
    Specific Exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphid; August 18, 2014 to October 31, 
2014.
    Specific Exemption: EPA authorized the use of potassium salt of hop 
beta acids in beehives to control varroa mite; August 25, 2014 to 
December 31, 2014.
Texas
Department of Agriculture
    Denial: On July 18, 2014, EPA denied the use of a pesticide product 
containing the active ingredient propazine on cotton to control 
glyphosate-resistant Palmer amaranth. This request was denied because 
the Agency was unable to conclude 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 as required under the Food Quality Protection Act (FQPA).

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

    Dated: January 30, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-02308 Filed 2-4-15; 8:45 am]
BILLING CODE 6560-50-P