[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Pages 60206-60207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18879]



[[Page 60206]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0015; FRL-11225-01-OCSPP]


Pesticide Emergency Exemptions; Agency Decisions and State and 
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 April 1, 2023, to June 30, 2023, to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505T), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; 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-2023-0015, 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 and the OPP Docket is (202) 566-1744. 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 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 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 Federal Register citation for the time-limited tolerance, if 
any.

III. Emergency Exemptions and Denials

U.S. States and Territories

Arizona
Department of Agriculture
    Specific exemption: EPA authorized the co-formulated use of 
thiamethoxam and lambda-cyhalothrin on a maximum of 400 acres of 
guayule to control palestriped flea beetle. A time-limited tolerance in 
connection with this action was not established since the emergency use 
is non-food/feed. The authorization was effective May 12, 2023.
Colorado
Department of Agriculture
    Denial: On May 18, 2023, EPA denied a specific exemption request 
for the use of metamitron to control glyphosate-resistant Palmer 
amaranth in sugar beets. Metamitron is an unregistered pesticide and 
EPA has not yet fully evaluated its potential risks. Therefore, this 
request was denied because the Agency was unable to make the safety 
findings for metamitron as mandated by FIFRA and the Federal Food, 
Drug, and Cosmetic Act (FFDCA).Because an unregistered pesticide was 
requested, a Notice of Receipt, with opportunity for public comment 
(required by 40 CFR 166.24), published in the Federal Register on March 
10, 2023 (88 FR 15014) (FRL-10772-01-OCSPP). The public comment period 
closed on March 27, 2023. No negative comments were submitted, but a 
number of comments were received from stakeholders (e.g. producers, 
grower representatives, and state government entities) in favor of 
allowing the use.
Hawaii
Department of Agriculture
    Specific exemptions: EPA authorized the use of Wolbachia pipientis 
DQB strain (wAlbB) contained in live adult male culex quinquefasciatus 
mosquitoes on a maximum of 20,000 acres of State, Federal, and private 
lands to control mosquitoes (Cx. quinquefasciatus). The authorization 
was effective April 25, 2023.
    EPA authorized the co-formulated use of fluxapyroxad and 
pyraclostrobin on a maximum of 8,000 acres of coffee to control coffee 
leaf rust. Import tolerances in connection with prior registration 
actions are established in 40 CFR 180.666 for fluxapyroxad and 40 CFR 
180.582 for pyraclostrobin and are sufficient to support this use. The 
authorization was effective May 18, 2023.

[[Page 60207]]

Michigan
Department of Agriculture and Rural Development
    Specific Exemption: EPA authorized the use of acifluorfen on a 
maximum of 48,000 acres of sugar beets for postemergence control of 
invasive amaranthus (pigweed) spp., waterhemp, and palmer amaranth. 
Time-limited tolerances in connection with a previous action support 
this emergency use and are established in 40 CFR 180.383(b). The 
authorization was effective May 4, 2023
Minnesota
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 65,000 acres of sugar beets for postemergence control of 
glyphosate-resistant waterhemp. Time-limited tolerances in connection 
with a previous action support this emergency use and are established 
in 40 CFR 180.383(b). The authorization was effective May 4, 2023.
Nebraska
Department of Agriculture
    Denial: On May 18, 2023, EPA denied a specific exemption request 
for the use of metamitron to control glyphosate-resistant Palmer 
amaranth in sugar beets. Metamitron is an unregistered pesticide and 
EPA has not yet fully evaluated its potential risks. Therefore, the 
request was denied because the Agency was unable to make the safety 
findings for metamitron as mandated by FIFRA and the Federal Food, 
Drug, and Cosmetic Act (FFDCA). Because an unregistered pesticide was 
requested, a Notice of Receipt, with opportunity for public comment 
(required by 40 CFR 166.24), published in the Federal Register on March 
10, 2023 (88 FR 15014) (FRL-10772-01-OCSPP). The public comment period 
closed on March 27, 2023. No negative comments were submitted, but a 
number of comments were received from stakeholders (e.g., producers, 
grower representatives, and state government entities) in favor of 
allowing the use.
North Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 20,000 acres of sugar beets for postemergence control of 
glyphosate resistant waterhemp. Time-limited tolerances in connection 
with a previous action support this emergency use and are established 
in 40 CFR 180.383(b). The authorization was effective May 4, 2023.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 24, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-18879 Filed 8-30-23; 8:45 am]
BILLING CODE 6560-50-P