[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31056-31058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14089]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0009; FRL-9962-59]


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

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listed in this notice. The exemptions were granted during the period 
January 1, 2017 to March 31, 2017 to control unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael 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: [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).
    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-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 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 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, 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

A. U.S. States and Territories

Alabama
    Department of Agriculture and Industries
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 45,000 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 October 31, 2017.
    EPA authorized the use of sulfoxaflor on a maximum of 75,000 acres 
of cotton to control tarnished plant bugs. Tolerances in connection 
with a previous action have 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 bugs. 
Tolerances in connection with a previous action have been established 
in 40 CFR 180.668(a); Effective June 1, 2017 to October 31, 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 April 9, 2017 to September 15, 2017.
Florida
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the uses of streptomycin and 
oxytetracycline on a maximum of 388,534 acres of citrus to manage HLB 
or citrus greening disease caused by the bacteria, Candidatus 
Liberibacter Asiaticus. Time-limited tolerances in connection with 
these actions have been established at 40 CFR 180.337(b) 
(oxytetracycline) and 180.245(b) (streptomycin). Effective January 10, 
2017 to December 31, 2017.
    EPA authorized the use of tolfenpyrad on a maximum of 51,600 acres 
of fruiting vegetables to control various thrips. A time-limited 
tolerance in connection with this action have been established in 40 
CFR 180.675(b); Effective March 1, 2017 to March 1, 2018.
Louisiana
Department of Agriculture and Forestry
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 180,000 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.
    EPA authorized the use of sulfoxaflor on a maximum of 175,000 acres 
of cotton to control tarnished plant bugs. Tolerances in connection 
with a previous action have been established in 40 CFR 180.668(a); 
Effective May 15, 2017 to October 31, 2017.
    Quarantine exemption: EPA authorized the use of triclopyr on a 
maximum of 382,467 acres of sugarcane

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to control Merrill's nightshade. A time-limited tolerance in connection 
with this action will be established in 40 CFR 180.417(b); Effective 
February 10, 2017 to May 31, 2020.
Pennsylvania
Department of Agriculture
    Specific exemptions: EPA authorized the use of thiabendazole on 
mushroom spawn and supplement equivalent to a maximum of 83,750,000 
square feet of crop to control Trichoderma green mold. A time-limited 
tolerance in connection with a previous action is established at 40 CFR 
180.242(a); Effective March 17, 2017 to March 17, 2018.
Texas
Department of Agriculture
    Crisis exemption: On March 17, 2017, the Texas Department of 
Agriculture declared a crisis exemption to allow the use of tolfenpyrad 
on a maximum of 10,000 acres of dry bulb onions to control onion 
thrips. The need for this use is expected beyond the 15 days allowed 
under a crisis exemption, and a specific exemption request was 
submitted to the Agency. A time-limited tolerance in connection with 
this action will be established in 40 CFR 180.675(b); Effective March 
14, 2017 to March 31, 2017.
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 3,000,000 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.
    EPA authorized the use of clothianidin on a maximum of 4,000 acres 
of immature citrus trees to manage the transmission of Huanglongbing 
(HLB) disease vectored by the Asian citrus psyllid. A time-limited 
tolerance in connection with this action was established in 40 CFR 
180.668(b); Effective May 1, 2017 to May 1, 2018.

B. Federal Department and Agency

U.S. Department of Agriculture
Animal and Plant Health Inspector Service
    Quarantine exemptions: EPA authorized the use of methyl bromide on 
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; March 1, 2017 to March 1, 2020.
    EPA authorized the planting of 100% of cotton acreage to transgenic 
(Bt) cotton as a component of the Pink Bollworm (PBW) Eradication 
Program in the PBW eradication area of California. A potential maximum 
of an additional 1,600 acres could be planted to Bt cotton under this 
quarantine exemption. Effective: March 9, 2017 to March 9, 2020.

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

    Dated: May 26, 2017.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-14089 Filed 7-3-17; 8:45 am]
 BILLING CODE 6560-50-P