[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Notices]
[Pages 80715-80717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25602]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0015; FRL-11534-01-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 July 1, 2023, to September 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

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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 after FOR 
FURTHER INFORMATION CONTACT.

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 emergency exemptions to the following State and 
Federal agencies. The emergency exemptions may take the following form: 
Crisis, public health, quarantine, or specific.
    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 thiamethoxam on a 
maximum of 450,000 acres of rice to control rice stink bug. Time-
limited tolerances in connection with a previous action support this 
emergency use and are established in 40 CFR 180.565(b). The 
authorization was effective July 14, 2023 to October 15, 2023.
California
Department of Pesticide Regulation
    Crisis exemption: EPA concurred upon a crisis exemption declared by 
the California Department of Pesticide Regulation for the use of 
afidopyropen to control lygus and whitefly in cotton on August 4, 2023. 
The use season expired on October 31, 2023, and a subsequent specific 
exemption was also submitted.
Hawaii
Department of Agriculture
    Crisis exemption: EPA concurred upon a crisis exemption declared by 
the Hawaii Department of Agriculture for the use of cypermethrin 
applied via unmanned aerial vehicles to control Coconut Rhinoceros 
Beetles in ornamental palm trees on August 16, 2023, and a subsequent 
quarantine exemption was also submitted.
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). The specific exemption was authorized 
on September 20, 2023, and effective October 1, 2023 to May 31, 2024.
Mississippi
Department of Agriculture and Commerce
    Specific exemption: EPA authorized the use of thiamethoxam on a 
maximum of 60,000 acres of rice to control rice stink bug. Time-limited 
tolerances in connection with a previous action support this emergency 
use and are established in 40 CFR 180.565(b). The authorization was 
effective July 14, 2023 to October 15, 2023.
Missouri
Department of Agriculture
    Specific exemption: EPA authorized the use of thiamethoxam on a 
maximum of 60,000 acres of rice to control rice stink bug. Time-limited 
tolerances in connection with a previous action support this emergency 
use and are established in 40 CFR 180.565(b). The authorization was 
effective July 14, 2023 to October 15, 2023.
South Dakota
Department of Agriculture and Natural Resources
    Crisis exemption: EPA concurred upon a crisis exemption declared by 
the South Dakota Department of Agriculture and Natural Resources for 
the use of malathion to control red sunflower seed weevil in sunflower 
on August 16, 2023. The 15-day crisis exemption program expired on 
August 31, 2023.

B. Federal Departments and Agencies

National Aeronautics and Space Administration
    Specific exemption: EPA authorized the use of ortho-phthaldehyde, 
incorporated into a porous resin, to treat and protect the 
International Space Station (ISS) internal active thermal control 
system (IATCS) coolant fluid from growth of aerobic and microaerophilic 
water bacteria and unidentified gram-negative rods. This request was 
granted because, without this use, the ISS would have no means

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to control organisms in the IATCS since there are no registered 
alternatives available that meet the required criteria. This emergency 
request proposed a use of a new (unregistered) chemical and in 
accordance with the requirements at 40 CFR 166.24(a)(1), a notice of 
receipt published in the Federal Register on August 25, 2023, to allow 
a public comment period that closed on September 11, 2023. The specific 
exemption was authorized on September 29, 2023, and effective October 
7, 2023 to October 7, 2024.

C. Annual Report of Crisis Exemptions Declared and Revoked

    Three crisis exemptions were declared, and zero crisis exemptions 
were revoked between October 1, 2022, and September 30, 2023.
    Authority: 7 U.S.C. 136 et seq.

    Dated: November 13, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-25602 Filed 11-17-23; 8:45 am]
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