[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37324-37325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15043]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0050; FRL-8606-01-OCSPP]


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 October 1, 2020 to March 31, 2021 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).
    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-2021-0050, 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. 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 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

Arkansas
Department of Agriculture
    Specific exemption: EPA authorized the use of benzobicyclon on a 
maximum of 25,000 acres of zero-grade, water-seeded, conventional, and 
imidazolinone-resistant rice fields. A time-limited tolerance in 
connection with a past action has been established in 40 CFR 
180.693(c). Effective April 1, 2021 to August 1, 2021.
    Public health exemption: EPA authorized the use of 1-
octadecanaminium, N,N-dimethyl-N-[3-(trihydroxysilyl)propyl] chloride 
on non-porous, non-food-contact surfaces in American Airlines aircraft 
and airport facilities to control the Severe Acute

[[Page 37325]]

Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), the causal agent of 
COVID-19. The use is effective January 19, 2021 to August 24, 2021.
California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of kasugamycin on a 
maximum of 100,000 acres of almond trees to control bacterial blast 
(Pseudomonas syringae pv. syringae). A time-limited tolerance in 
connection with a past action has been established in 40 CFR 
180.614(b). Effective February 11, 2021 to April 15, 2021.
Florida
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of streptomycin on up 
to 330,254 acres of citrus to manage citrus greening disease (also 
known as Huanglongbing). Time-limited tolerances in connection with 
past actions for this use have been established in 40 CFR 180.245(b). 
Effective December 31, 2020 to December 31, 2021.
    EPA authorized the use of the insecticide clothianidin on a maximum 
of 125,376 acres of immature (3 to 5 years old) citrus trees to control 
the Asian citrus psyllid, the vector of citrus greening disease (also 
known as Huanglongbing) to manage disease transmission. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.586(b); Effective January 1, 2021 to October 31, 2021.
Georgia
Department of Agriculture
    Public health exemption: EPA authorized the use of triethylene 
glycol as an indoor air treatment at various sites in Georgia when 
adherence to current public health guidelines is impractical, difficult 
to maintain, or is not expected to provide a sufficient level of 
protection, to control the Severe Acute Respiratory Syndrome 
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is 
effective January 14, 2021 to January 14, 2022.
Louisiana
Department of Agriculture and Forestry
    Specific exemption: EPA authorized the use of triclopyr on a 
maximum of 450,000 acres of sugarcane to control divine nightshade. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.417(b); Effective October 2, 2020 to May 31, 
2021.
Massachusetts
Department of Agriculture and Resources
    Specific exemption: EPA authorized the use of pronamide on a 
maximum of 5,000 acres of cranberries to control dodder. A time-limited 
tolerance in connection with this action has been established in 40 CFR 
180.679(b). Effective April 15, 2021 to June 30, 2021.
Oklahoma
Department of Agriculture
    Public health exemption: EPA authorized the use of 1-
octadecanaminium, N,N-dimethyl-N-[3-(trihydroxysilyl)propyl] chloride 
on non-porous, non-food-contact surfaces in American Airlines aircraft 
and airport facilities to control the Severe Acute Respiratory Syndrome 
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is 
effective January 19, 2021 to August 24, 2021.
Tennessee
Department of Agriculture
    Public health exemption: EPA authorized the use of triethylene 
glycol as an indoor air treatment at various sites in Tennessee when 
adherence to current public health guidelines is impractical, difficult 
to maintain, or is not expected to provide a sufficient level of 
protection, to control the Severe Acute Respiratory Syndrome 
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is 
effective January 14, 2021 to January 14, 2022.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
    Quarantine Exemption: EPA authorized the use of acetic acid on 
nonporous surfaces to decontaminate from foot and mouth disease virus; 
Effective April 19, 2021 to April 19, 2024.
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 October 9, 2020 to October 9, 2021. 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 September 25, 2020 (85 FR 60458) 
(FRL-10014-21) with the public comment period closing on October 13, 
2020.

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

    Dated: July 9, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-15043 Filed 7-14-21; 8:45 am]
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