[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Pages 4060-4063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02354]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0010; FRL-9987-70]


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 of April 1, 2018 to September 30, 2018 to control unforeseen 
pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Director 
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.

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-2018-0010, 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. 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 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
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 500 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective May 14, 
2018 to November 15, 2018.
Arizona
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 26,000 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 30, 
2018 to November 30, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 150,000 acres 
of cotton to control tarnished plant bug (Lygus spp.). A permanent 
tolerance in connection with an earlier registration action has been 
established in 40 CFR 180.668(a). Effective June 1, 2018 to October 31, 
2018.
California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 270,000 acres of cotton to control tarnished plant bug 
(Lygus spp.). A permanent tolerance in connection with an earlier 
registration action has been established in 40 CFR 180.668(a). 
Effective May 15, 2018 to October 31, 2018.
    EPA authorized the use of methoxyfenozide on a maximum of 100,000 
acres of rice to control armyworm (Mythimna unipuncta) and Western 
Yellowstriped Armyworm (Spodoptera praefica). A time-limited tolerance 
in connection with this action has been established in 40 CFR

[[Page 4061]]

180.544(b). Effective June 21, 2018 to October 4, 2018.
    EPA authorized the use of bifenthrin on a maximum of 18,000 acres 
of pomegranates to control leaf-footed plant bugs. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.442(b); Effective August 21, 2018 to December 31, 2018.
Delaware
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 415 acres of apple, peach, and nectarine to control the 
brown marmorated stinkbug. Time-limited tolerances in connection with 
past actions were established in 40 CFR 180.442(b); Effective May 11, 
2018 to October 15, 2018.
    EPA authorized the use of dinotefuran on a maximum of 415 acres of 
pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b); Effective June 8, 2018 to October 15, 2018. The 
request was granted because an emergency condition exists with 
significant economic losses expected. Since this request proposed a use 
for which an emergency exemption has been requested for 5 or more 
previous years (and supported by the Interregional Research Project 
Number 4 (IR-4) program) and a registration application or tolerance 
petition has not been submitted to EPA, in accordance with the 
requirements at 40 CFR 166.24, a notice of receipt published in the 
Federal Register on May 7, 2018 (83 FR 20070) (FRL-9979-46) with the 
public comment period closing on May 22, 2018.
Georgia
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 50,000 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective May 1, 2018 
to December 1, 2018.
Illinois
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 23,000 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 July 17, 
2018 to November 30, 2018.
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). Effective May 
18, 2018 to August 31, 2018.
Kentucky
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 1,500 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective May 8, 2018 
to November 15, 2018.
Maryland
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 3,570 acres of apple, peach, and nectarine to control the 
brown marmorated stinkbug. Time-limited tolerances in connection with 
past actions were established in 40 CFR 180.442(b); Effective May 11, 
2018 to October 15, 2018.
    EPA authorized the use of dinotefuran on a maximum of 3,730 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b); Effective June 8, 2018 to October 15, 2018. Since 
this request proposed a use for which an emergency exemption has been 
requested for 5 or more previous years (and supported by the IR-4 
program) and a registration application or tolerance petition has not 
been submitted to EPA, in accordance with the requirements at 40 CFR 
166.24, a notice of receipt published in the Federal Register on May 7, 
2018 (83 FR 20070) (FRL-9979-46) with the public comment period closing 
on May 22, 2018.
Michigan
Department of Agriculture and Rural Development
    Specific exemption: EPA authorized the use of pyridate on a maximum 
of 1,250 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). Effective May 18, 2018 to 
August 31, 2018.
    EPA authorized the use of dinotefuran on a maximum of 35,280 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b); Effective June 8, 2018 to October 15, 2018. Since 
this request proposed a use for which an emergency exemption has been 
requested for 5 or more previous years (and supported by the IR-4 
program) and a registration application or tolerance petition has not 
been submitted to EPA, in accordance with the requirements at 40 CFR 
166.24, a notice of receipt published in the Federal Register on May 7, 
2018 (83 FR 20070) (FRL-9979-46) with the public comment period closing 
on May 22, 2018.
Montana
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam in 
rangeland, pastures, and conservation reserve programs on a maximum of 
55,000 acres to control Medusahead and Ventenata. Time-limited 
tolerances in connection with this action have been established in 40 
CFR 180.653(b); Effective August 1, 2018 to August 1, 2019.
New Jersey
Department of Environmental Protection
    Specific exemptions: EPA authorized the use of dinotefuran on a 
maximum of 8,100 acres of pome and stone fruit to control the brown 
marmorated stinkbug. Time-limited tolerances in connection with past 
actions were established in 40 CFR 180.603(b); Effective June 8, 2018 
to October 15, 2018. Since this request proposed a use for which an 
emergency exemption has been requested for 5 or more previous years 
(and supported by the IR-4 program) and a registration application or 
tolerance petition has not been submitted to EPA, in accordance with 
the requirements at 40 CFR 166.24, a notice of receipt published in the 
Federal Register on May 7, 2018 (83 FR 20070) (FRL-9979-46) with the 
public comment period closing on May 22, 2018.
    EPA authorized the use of bifenthrin on a maximum of 8,200 acres of 
apple, peach, and nectarine to control the brown marmorated stinkbug. 
Time-limited tolerances in connection with

[[Page 4062]]

past actions were established in 40 CFR 180.442(b); Effective June 26, 
2018 to October 15, 2018.
New Mexico
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 140,000 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 May 10, 
2018 to November 30, 2018.
New York
Department of Environmental Conservation
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 7,321 acres of apple, peach, and nectarine to control the 
brown marmorated stinkbug. Time-limited tolerances in connection with 
past actions were established in 40 CFR 180.442(b); Effective July 6, 
2018 to October 15, 2018.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of dinotefuran on a 
maximum of 4,000 acres of pome and stone fruit to control the brown 
marmorated stinkbug. Time-limited tolerances in connection with past 
actions were established in 40 CFR 180.603(b); Effective June 8, 2018 
to October 15, 2018. Since this request proposed a use for which an 
emergency exemption has been requested for 5 or more previous years 
(and supported by the IR-4 program) and a registration application or 
tolerance petition has not been submitted to EPA, in accordance with 
the requirements at 40 CFR 166.24, a notice of receipt published in the 
Federal Register on May 7, 2018 (83 FR 20070) (FRL-9979-46) with the 
public comment period closing on May 22, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 425,000 acres 
of cotton to control tarnished plant bug (Lygus spp.). A permanent 
tolerance in connection with an earlier registration action has been 
established in 40 CFR 180.668(a). Effective June 15, 2018 to October 
30, 2018.
    EPA authorized the use of bifenthrin on a maximum of 3,000 acres of 
apple, peach, and nectarine to control the brown marmorated stinkbug. 
Time-limited tolerances in connection with past actions were 
established in 40 CFR 180.442(b); Effective June 26, 2018 to October 
15, 2018.
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 750 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 166.20(b). Effective July 3, 2018 
to November 15, 2018.
Oklahoma
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 300,000 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 10, 
2018 to November 30, 2018.
    EPA authorized the use of sulfoxaflor on a maximum of 700,000 acres 
of cotton to control tarnished plant bug (Lygus spp.). A permanent 
tolerance in connection with an earlier registration action has been 
established in 40 CFR 180.668(a). Effective May 29, 2018 to October 30, 
2018.
Oregon
Department of Agriculture
    Crisis exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 7,000 acres of alfalfa grown for seed to control lygus bugs; 
Effective July 31, 2018 to August 14, 2018.
Pennsylvania
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 24,974 acres of apple, peach, and nectarine to control the 
brown marmorated stinkbug. Time-limited tolerances in connection with 
past actions were established in 40 CFR 180.442(b); Effective May 11, 
2018 to October 15, 2018.
    EPA authorized the use of dinotefuran on a maximum of 24,974 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b); Effective June 8, 2018 to October 15, 2018. Since 
this request proposed a use for which an emergency exemption has been 
requested for 5 or more previous years (and supported by the IR-4 
program) and a registration application or tolerance petition has not 
been submitted to EPA, in accordance with the requirements at 40 CFR 
166.24, a notice of receipt published in the Federal Register on May 7, 
2018 (83 FR 20070) (FRL-9979-46) with the public comment period closing 
on May 22, 2018.
South Carolina
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 19,600 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 July 3, 
2018 to November 30, 2018.
Texas
Department of Agriculture
    Specific exemption: 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, 2018 to May 1, 
2019.
Utah
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam in 
rangeland, pastures, and conservation reserve programs on a maximum of 
10,000 acres to control Medusahead and Ventenata. Time-limited 
tolerances in connection with this action have been established in 40 
CFR 180.653(b); Effective June 10, 2018 to June 9, 2019.
Virginia
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 16,591 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 4, 
2018 to November 30, 2018.
    EPA authorized the use of bifenthrin on a maximum of 29,000 acres 
of apple, peach, and nectarine to control the brown marmorated 
stinkbug. Time-limited tolerances in connection with past actions were 
established in 40 CFR 180.442(b); Effective May 11, 2018 to October 15, 
2018.
    EPA authorized the use of dinotefuran on a maximum of 29,000 acres 
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in 
40 CFR 180.603(b); Effective June 8, 2018 to October 15, 2018. Since 
this request proposed a use for which an emergency exemption has been 
requested for 5 or more previous years (and supported by the IR-4 
program) and a registration

[[Page 4063]]

application or tolerance petition has not been submitted to EPA, in 
accordance with the requirements at 40 CFR 166.24, a notice of receipt 
published in the Federal Register on May 7, 2018 (83 FR 20070) (FRL-
9979-46) with the public comment period closing on May 22, 2018.
Washington
Department of Agriculture
    Specific exemption: EPA authorized the use of lambda-cyhalothrin on 
a maximum of 7,000 acres of asparagus to control the European asparagus 
aphid. Due to the long (120-day) pre-harvest interval required and no 
detectable residues expected, time-limited tolerances were not 
required; Effective July 20, 2018 to October 30, 2018. The request was 
granted because an emergency condition exists with significant economic 
losses expected. Since this request proposed a use for which an 
emergency exemption has been requested for 5 or more previous years 
(and supported by the IR-4 program) and a registration application or 
tolerance petition has not been submitted to EPA, in accordance with 
the requirements at 40 CFR 166.24, a notice of receipt published in the 
Federal Register on June 28, 2018 (83 FR 30443) (FRL-9979-46) with the 
public comment period closing on July 13, 2018.
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). Effective May 18, 2018 to 
August 31, 2018.
West Virginia
Department of Agriculture
    Specific exemptions: EPA authorized the use of dinotefuran on a 
maximum of 5,986 acres of pome and stone fruit to control the brown 
marmorated stinkbug. Time-limited tolerances in connection with past 
actions were established in 40 CFR 180.603(b); Effective June 8, 2018 
to October 15, 2018. Since this request proposed a use for which an 
emergency exemption has been requested for 5 or more previous years 
(and supported by the IR-4 program) and a registration application or 
tolerance petition has not been submitted to EPA, in accordance with 
the requirements at 40 CFR 166.24, a notice of receipt published in the 
Federal Register on May 7, 2018 (83 FR 20070) (FRL-9979-46) with the 
public comment period closing on May 22, 2018.
    EPA authorized the use of bifenthrin on a maximum of 5,986 acres of 
apple, peach, and nectarine to control the brown marmorated stinkbug. 
Time-limited tolerances in connection with past actions were 
established in 40 CFR 180.442(b); Effective June 26, 2018 to October 
15, 2018.
Wyoming
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a 
maximum of 300,000 acres of rangeland, pastures, and areas subject to 
the conservation reserve program to control Medusahead and Ventenata. 
Time-limited tolerances in connection with this action have been 
established in 40 CFR 180.653(b); Effective September 14, 2019 to 
September 14, 2019.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
    Quarantine Exemptions: EPA authorized the use of acetic acid on 
nonporous surfaces to decontaminate from foot and mouth disease virus; 
Effective April 19, 2018 to April 19, 2021.
    EPA authorized the use of sodium hypochlorite on porous and 
nonporous surfaces to decontaminate from viruses of foot and mouth 
disease, classical swine fever, and African swine fever; Effective 
September 17, 2018 to September 17, 2021.
    EPA authorized the use of sodium hydroxide on nonporous surfaces to 
control prions; Effective September 25, 2018 to September 25, 2021.
    EPA authorized the use of sodium hypochlorite on nonporous surfaces 
to control prions; Effective September 25, 2018 to September 25, 2021.
National Aeronautics and Space Administration
    Specific exemption. EPA authorized use of ortho-phthalaldehyde, 
immobilized to a porous resin, to treat the International Space Station 
(ISS) internal active thermal control system (IATCS) coolant for 
control of aerobic and microaerophilic water bacteria and unidentified 
gram-negative rods. Effective May 31, 2018 to May 31, 2019. This 
request was granted because without this use, the ISS would have no 
means of controlling microorganisms in the IATCS because there are no 
registered alternatives available which meet the required criteria. 
Since this request proposed a use of a new (unregistered) chemical, in 
accordance with the requirements at 40 CFR 166.24, a notice of receipt 
published in the Federal Register on June 14, 2018 (83 FR 27766) (FRL-
9978-55), with the public comment period eliminated since the time 
available for a decision on the application required it.

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

    Dated: December 21, 2018.
Donna S. Davis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2019-02354 Filed 2-13-19; 8:45 am]
 BILLING CODE 6560-50-P