[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8782-8784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02575]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0025; FRL-10017-59]


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 listed in this notice. The exemptions were granted during 
the period July 1 to September 30, 2020 to control unforeseen pest 
outbreaks.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting 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).

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-2020-0025, 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

[[Page 8783]]

Public Reading Room is (202) 566-1744, and the telephone number for the 
OPP Docket is (703) 305-5805.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://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. There were no denied 
emergency exemption requests for the time-period covered by 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 from 
exposure of infants and children to residues of the pesticide.
    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

Arkansas
State Plant Board
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 200 acres of sweet sorghum to control sugarcane aphid. Time-
limited tolerances in connection with this action were established in 
40 CFR 180.679(b). This use was effective September 2, 2020 to November 
15, 2020.
California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of lambda-cyhalothrin on 
a maximum of 3,000 acres of asparagus to control the European asparagus 
aphid (Brachycolus asparagi). 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 requirement at 40 
CFR 166.24, a notice of receipt published in the Federal Register on 
August 13, 2020 (85 FR 49365-36) (FRL-10012-55) with the public comment 
period closing on August 28, 2020. This use was effective September 11, 
2020 to October 31, 2020.
Louisiana
Department of Agriculture and Forestry
    Crisis Exemption: EPA concurred upon a crisis exemption declared by 
the Louisiana Department of Agriculture and Forestry for the use of 
flupyradifurone on a maximum of 500,000 acres of sugarcane to control 
sugarcane aphids. A time-limited tolerance for residues of 
flupyradifurone on sugarcane will be established at 40 CFR 180.679 in 
connection with this stand-alone 15-day crisis exemption program. This 
use was effective July 23, 2020 to August 5, 2020.
Maryland
Department of Agriculture
    Specific exemptions: 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). 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 27, 2020 (85 FR 
31776) (FRL-10009-75) with the public comment period closing on June 
11, 2020. This use was effective July 15, 2020 to October 15, 2020.
Nevada
Department of Agriculture
    Specific exemption: EPA authorized the use of afidopyropen on a 
maximum of 25,000 acres of alfalfa to control blue alfalfa aphid 
(Acyrthosiphon kondoi). A time-limited tolerance in connection with 
this action will be established in 40 CFR 180.700(b). This use is 
effective July 29, 2020 to May 30, 2021.
New York
Department of Environmental Conservation
    Specific exemption: EPA authorized the use of bifenthrin on a 
maximum of 7,521 acres of apples, peaches, and nectarines to control 
the brown marmorated stinkbug. Time-limited tolerances in connection 
with past actions were established in 40 CFR 180.442(b). This use was 
effective July 16, 2020 to October 15, 2020.
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). 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 27, 2020 (85 FR 
31776) (FRL-10009-75) with the public comment period closing on June 
11, 2020. This use was effective July 15, 2020 to October 15, 2020.
    EPA authorized the use of flupyradifurone on a maximum of 750 acres 
of sweet sorghum to control sugarcane aphid. Time-limited tolerances in 
connection with this action were established in 40 CFR

[[Page 8784]]

180.679(b). This use was effective July 24, 2020 to November 15, 2020.
Pennsylvania
Department of Agriculture
    Specific exemptions: 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). 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 27, 2020 (85 FR 
31776) (FRL-10009-75) with the public comment period closing on June 
11, 2020. This use was effective July 15, 2020 to October 15, 2020.
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 750 acres of sweet sorghum to control sugarcane aphid. Time-
limited tolerances in connection with this action were established in 
40 CFR 180.679(b). This use was effective July 24, 2020 to November 15, 
2020.
Texas
Department of Agriculture
    Public health exemptions: EPA authorized the uses of 1-
octadecanaminium, N,N-dimethyl-N-[3-(trihydroxysilyl)propyl] chloride 
on non-porous, non-food-contact surfaces at the following sites in 
Texas: American Airlines aircraft and airport facilities; and Total 
Orthopedics Sports and Spine facilities, to control the Severe Acute 
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), the causal agent of 
COVID-19. The uses are effective August 24, 2020 to August 24, 2021.
Virginia
Department of Agriculture and Consumer Services
    Specific exemptions: 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). 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 27, 2020 (85 FR 
31776) (FRL-10009-75) with the public comment period closing on June 
11, 2020. This use was effective July 15, 2020 to October 15, 2020.
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). 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 27, 2020 (85 FR 
31776) (FRL-10009-75) with the public comment period closing on June 
11, 2020. This use was effective July 15, 2020 to October 15, 2020.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspection Service
    Quarantine exemptions: EPA authorized the use of thymol on hard, 
nonporous surfaces associated with aircraft and associated loading 
equipment used to transport livestock, for disinfection from African 
swine fever and foot-and-mouth disease viruses. This use is effective 
September 4, 2020 to September 4, 2023.

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

    Dated: November 25, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-02575 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P