[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51520-51521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13351]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0007; FRL-12027-01-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, 2023, to March 31, 2024, to control unforeseen 
pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Charles Smith, 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 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-2024-0007 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

California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of kasugamycin on a 
maximum of 102,143 acres of almond trees to control bacterial blast. A 
time-limited tolerance in connection with a past action has been 
established in 40 CFR 180.614(b). The authorization was effective 
February 1, 2024, to April 15, 2024.
Colorado
Department of Agriculture
    Specific exemption: EPA authorized the use of metamitron on a 
maximum of 23,468 acres of sugar beets for pre-emergence control of the 
invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an 
unregistered pesticide was requested, a Notice of Receipt (NOR), with 
opportunity for public comment (required by 40 CFR 166.24), published 
in the Federal Register on September 28, 2023 (88 FR 66842) (FRL-11396-
01-OCSPP). The public comment period closed on October 13, 2023. Two 
public comments were received: one in favor and one objecting to the 
use. EPA posted a document addressing the comments to the docket for 
the NOR, as well as EPA's evaluations and risk assessments associated 
with the use, which may be accessed at https://www.regulations.gov/docket/EPA-HQ-OPP-2023-0463. EPA authorized the emergency exemption for 
this use after determining that the use would not result in any risks 
of concern to human health or the environment, and concluding that an 
urgent, nonroutine situation existed with significant economic losses 
expected without the use. The authorization was effective December 14, 
2023 to August 31, 2024.
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

[[Page 51521]]

established in 40 CFR 180.317(b). The specific exemption was authorized 
on January 24, 2024, and effective April 15, 2024, to June 30, 2024.
Nebraska
Department of Agriculture
    Specific exemption: EPA authorized the use of metamitron on a 
maximum of 47,128 acres of sugar beets for pre-emergence control of the 
invasive Amaranthus (pigweed) spp., Palmer amaranth. Because an 
unregistered pesticide was requested, a Notice of Receipt (NOR), with 
opportunity for public comment (required by 40 CFR 166.24), published 
in the Federal Register on September 28, 2023 (88 FR 66842) (FRL-11396-
01-OCSPP). The public comment period closed on October 13, 2023. Two 
public comments were received: one in favor and one objecting to the 
use. EPA posted a document addressing the comments to the docket for 
the NOR, as well as EPA's evaluations and risk assessments associated 
with the use, which may be accessed at https://www.regulations.gov/docket/EPA-HQ-OPP-2023-0463. EPA authorized the emergency exemption for 
this use after determining that the use would not result in any risks 
of concern to human health or the environment, and concluding that an 
urgent, nonroutine situation existed with significant economic losses 
expected without the use. The authorization was effective December 14, 
2023 to August 31, 2024.

B. Federal Departments and Agencies

United States Department of Agriculture
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. The authorization was 
effective October 3, 2023, to October 3, 2026.
    EPA authorized the use of spinosad, incorporated into a wax matrix 
coating on bait stations for control of non-native tephritidae fruit 
fly species. The bait stations may be employed in US states and 
territories where the invasive fruit fly species are detected, and use 
of widespread pesticide spraying is not suitable (e.g., residential 
areas). The authorization was effective December 21, 2023 to December 
31, 2026.
United States Department of Defense
Armed Forces Pest Management Board
    Crisis exemption: EPA concurred upon a crisis exemption declared by 
the Armed Forces Pest Management Board for the use of permethrin to 
retreat military uniforms to protect against public health insects. The 
crisis exemption was effective November 6, 2023.
    Public Health Exemption: EPA authorized the use of permethrin as a 
single retreatment on military uniforms to protect wearers from public 
health pests. The authorization was effective February 14, 2024, to 
September 30, 2024.
    Authority: 7 U.S.C. 136 et seq.

    Dated: June 5, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-13351 Filed 6-17-24; 8:45 am]
BILLING CODE 6560-50-P