[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 57971-57973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26521]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-009; FRL-9971-02]


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, 2017 to September 30, 2017 to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael L. 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:
     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-2017-0009, 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 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 https://www.epa.gov/dockets.

II. Background

    EPA has granted or denied emergency exemptions to the following 
State agencies. There were no emergency exemptions from any Federal 
agencies during the time period covered by this notice (July 1, 2017 
through September 30, 2017).
    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 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 agency granted the exemption 
or denial, 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 
citation in Title 40 of the Code of Federal Regulations (40 CFR) for 
the time-limited tolerance(s), if any.

[[Page 57972]]

III. Emergency Exemptions and Denials

A. U.S. States and Territories

American Samoa
Department of Health
    Crisis exemption: On July 14, 2017 the American Samoa Department of 
Health declared a crisis exemption for use of deltamethrin for control 
of Aedes species of mosquito, vectors of the Zika virus, in outdoor 
residential areas. Effective July 14, 2017 to July 29, 2017.
California
Department of Pesticide Regulation
    Crisis exemption: On July 21, 2017, the California Department of 
Pesticide Regulation declared a crisis exemption for the use of 
sulfoxaflor on a maximum of 270,000 acres of cotton to control the 
tarnished plant bug. The use season is expected to last until October 
31, 2017, and a specific request was also submitted.
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 18,000 acres of pomegranates to control the leaf-footed 
plant bug. A time-limited tolerance in connection with this action has 
been established in 40 CFR 180.442(b). August 8, 2017 to December 31, 
2017.
    EPA authorized the use of sulfoxaflor on a maximum of 270,000 acres 
of cotton to control the tarnished plant bug. Permanent tolerances in 
connection with an earlier registration action are established in 40 
CFR 180.668(a). August 15, 2017 to October 31, 2017.
    EPA authorized the use of flonicamid on a maximum of 365 acres of 
prickly pear cactus fruit and nopalitos (pads) to control the cochineal 
scale insect. Time-limited tolerances in connection with this action 
will be established in 40 CFR 180.613(b). August 15, 2017 to August 15, 
2018.
Hawaii
Department of Agriculture
    Specific exemption: EPA authorized the use of tolfenpyrad on a 
maximum of 500 acres of watermelon to control melon thrips. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.675(b). Effective August 28, 2017 to August 28, 2018.
Idaho State
Department of Agriculture
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 9,500 acres of mint for postemergence control of herbicide-resistant 
annual weeds such as redroot pigweed, Armaranthus retroflexus and other 
broadleaf weeds. Tolerances in connection with an earlier registration 
action are established in 40 CFR 180.462(a). July 13, 2017 to August 
31, 2017.
Indiana
Office of the Indiana State Chemist
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 11,200 acres of mint for postemergence control of herbicide-
resistant annual weeds such as redroot pigweed, Armaranthus retroflexus 
and other broadleaf weeds. Tolerances in connection with an earlier 
registration action are established in 40 CFR 180.462(a). July 13, 2017 
to August 31, 2017.
Kentucky
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 13,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. Time-limited tolerances in connection with this action 
have been established in 40 CFR 180.668(b). July 28, 2017 to November 
30, 2017.
Michigan
Department of Agriculture
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 11,250 acres of mint for postemergence control of herbicide-
resistant annual weeds such as redroot pigweed, Armaranthus retroflexus 
and other broadleaf weeds. Tolerances in connection with an earlier 
registration action are established in 40 CFR 180.462(a). July 13, 2017 
to August 31, 2017.
    EPA denied a specific exemption request for the use of 
chlorothalonil in sugar beets for control of Cercospora leaf spot. The 
request was denied because EPA is unable to make a ``reasonable 
certainty of no harm'' determination at this time, which is required to 
allow additional uses of chlorothalonil. July 24, 2017.
Minnesota
Department of Agriculture
    EPA denied a specific exemption request for the use of 
chlorothalonil in sugar beets for control of Cercospora leaf spot. The 
request was denied because EPA is unable to make a ``reasonable 
certainty of no harm'' determination at this time, which is required to 
allow additional uses of chlorothalonil. July 24, 2017.
New Jersey
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 8,200 acres of apples, peach, and nectarines, to control the 
brown marmorated stink bug. Time-limited tolerances in connection with 
this action have been established in 40 CFR 180.442(b). Effective 
September 8, 2017 to October 15, 2017.
North Dakota
Department of Agriculture
    EPA denied a specific exemption request for the use of 
chlorothalonil in sugar beets for control of Cercospora leaf spot. The 
request was denied because EPA is unable to make a ``reasonable 
certainty of no harm'' determination at this time, which is required to 
allow additional uses of chlorothalonil. July 24, 2017.
Oregon
Department of Agriculture
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 5,200 acres of mint for postemergence control of herbicide-resistant 
annual weeds such as redroot pigweed, Armaranthus retroflexus and other 
broadleaf weeds. Tolerances in connection with an earlier registration 
action are established in 40 CFR 180.462(a). July 13, 2017 to August 
31, 2017.
Washington
Department of Agriculture
    Crisis exemption: On the July 14, 2017 the Washington Department of 
Agriculture declared a crisis exemption for use of lambda-cyhalothrin 
on asparagus to control the European asparagus aphid. The use season 
was expected to last until October 31, 2017, and a specific exemption 
request was also submitted.
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 15,000 acres of alfalfa grown for seed to control lygus 
bugs. July 7, 2017 to August 31, 2017.
    EPA authorized the use of pyridate on a maximum of 16,000 acres of 
mint for postemergence control of herbicide-resistant annual weeds such 
as redroot pigweed, Armaranthus retroflexus and other broadleaf weeds. 
Tolerances in connection with an earlier registration action are 
established in 40 CFR 180.462(a). July 13, 2017 to August 31, 2017.
    EPA authorized the use of lambda cyhalothrin on a maximum of 7,000 
acres of asparagus to control the

[[Page 57973]]

European asparagus aphid, effective August 2, 2017 to October 31, 2017. 
As required by 40 CFR 166.24, because an emergency exemption for 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, on 
July 10, 2017 (82 FR 31777) (FRL-9963-16) with public comment period 
closing on July 25, 2017.
Wisconsin
Department of Agriculture
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 3,100 acres of mint for postemergence control of herbicide-resistant 
annual weeds such as redroot pigweed, Armaranthus retroflexus and other 
broadleaf weeds. Tolerances in connection with an earlier registration 
action are established in 40 CFR 180.462(a). July 13, 2017 to August 
31, 2017.
Wyoming
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a 
maximum of 300,000 acres of rangeland, pastures, and Conservation 
Reserve Program to control medusahead and ventenata. Time-limited 
tolerances in connection with this action will be established in 40 CFR 
180.653(b). September 14, 2017 to September 14, 2018.

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

    Dated: November 27, 2017.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-26521 Filed 12-7-17; 8:45 am]
 BILLING CODE 6560-50-P