[Federal Register Volume 82, Number 229 (Thursday, November 30, 2017)]
[Notices]
[Pages 56821-56824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25831]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0009; FRL-9966-69]


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 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, 2017 to June 30, 2017 to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, 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 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-2017-0009, 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. Please review the visitor instructions and 
additional information about the docket available at http://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

A. U.S. States and Territories

Alabama
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 500 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective June 12, 
2017 to November 15, 2017.
Arizona
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 26,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). Effective May 1, 2017 
to November 30, 2017.
    EPA authorized the use of sulfoxaflor on a maximum of 150,000 acres 
of cotton to control tarnished plant bug (Lygus spp.). A permanent 
tolerance in connection with an earlier registration action has been 
established in 40 CFR 180.668(a). Effective June 1, 2017 to October 31, 
2017.
Arkansas
State Plant Board
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 420,000 acres of cotton to control tarnished plant bug 
(Lygus lineolaris). A permanent tolerance in connection with an earlier 
registration action has been established in 40 CFR 180.668(a). 
Effective June 1, 2017 to October 31, 2017.
    EPA authorized the use of flupyradifurone on a maximum of 200 acres 
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.

[[Page 56822]]

California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of methoxyfenozide on a 
maximum of 100,000 acres of rice to control armyworm (Mythimna 
unipuncta) and Western Yellow striped Armyworm (Spodoptera praefica). A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.544(b). Effective June 30, 2017 to October 4, 
2017.
Colorado
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 500,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). Effective April 9, 
2017 to November 30, 2017.
Delaware
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 415 acres of apples, pears, and nectarines, to control the 
brown marmorated stink bug. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.442(b). Effective April 
20, 2017 to October 15, 2017.
    EPA authorized the use of dinotefuran on a maximum of 415 acres of 
pome and stone fruit to control the brown marmorated stink bug. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.603(b). Effective May 22, 2017 to October 15, 2017.
Florida
Department of Agriculture and Consumer Services
    Quarantine exemption: EPA authorized the use of propiconazole on a 
maximum of 7,500 acres of avocado trees to control Laurel wilt 
(Raffaelea lauricola). A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.434(b). Effective April 3, 
2017 to April 3, 2020.
    Public health exemptions: EPA authorized use of pyriproxyfen (a 
larvicide) and Beauveria bassiana (a fungus pathogenic to adult 
insects) to help control Aedes species of mosquitoes, vectors of the 
zika virus, in Florida. Effective June 15, 2017 to June 15, 2018.
Georgia
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 50,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). May 1, 2017 to 
November 30, 2017.
    EPA authorized the use of flupyradifurone on a maximum of 200 acres 
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.
Hawaii
Department of Agriculture
    Crisis exemption: On May 31, 2017 the Hawaii Department of 
Agriculture declared a crisis exemption for the use of tolfenpyrad on 
watermelon to control watermelon thrips. The use season is expected to 
last until October 31, 2017, and a specific exemption request was also 
submitted.
Kansas
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 2,850,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). Effective April 9, 
2017 to November 30, 2017.
Kentucky
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a 
maximum of 1,500 acres of sweet sorghum (forage and syrup) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.679(b). Effective June 12, 
2017 to November 15, 2017.
Maryland
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 3,570 acres of apples, pears, and nectarines, to control the 
brown marmorated stink bug. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.442(b). Effective April 
20, 2017 to October 15, 2017.
    EPA authorized the use of dinotefuran on a maximum of 3,730 acres 
of pome and stone fruit to control the brown marmorated stink bug. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15, 
2017.
Michigan
Department of Agriculture
    Crisis exemption: On June 29, 2017 the Michigan Department of 
Agriculture declared a crisis exemption for the use of zeta-
cypermethrin on tart cherries to control Spotted Wing Drosophila. The 
use season is expected to last until August 15, 2017, and a specific 
exemption request was also submitted.
Mississippi
Department of Agriculture and Commerce
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 750,000 acres of cotton to control tarnished plant bug 
(Lygus lineolaris). A permanent tolerance in connection with an earlier 
registration action has been established in 40 CFR 180.668(a). 
Effective June 1, 2017 to October 31, 2017.
    EPA authorized the use of flupyradifurone on a maximum of 1,000 
acres of sweet sorghum (forage and syrup) to control sugarcane aphid. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.679(b). Effective June 12, 2017 to November 
15, 2017.
Missouri
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 85,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). April 20, 2017 to 
November 30, 2017.
    EPA authorized the use of sulfoxaflor on a maximum of 241,500 acres 
of cotton to control tarnished plant bug (Lygus lineolaris). A 
permanent tolerance in connection with an earlier registration action 
has been established in 40 CFR 180.668(a). Effective June 1, 2017 to 
October 31, 2017.
New Mexico
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 140,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). May 5, 2017 to 
November 30, 2017.

[[Page 56823]]

New York
Department of Environmental Conservation
    Specific exemption: EPA authorized the use of bifenthrin on a 
maximum of 7,321 acres of apples, pears, and nectarines, to control the 
brown marmorated stink bug. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.442(b). Effective June 
26, 2017 to October 15, 2017.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of fluridone on a 
maximum of 25,000 acres of sweet potatoes to control Palmer Amaranth. A 
tolerance is established at 40 CFR 180.420(d) for vegetable, root and 
tuber, group 1 at 0.1 ppm (for indirect or inadvertent residues) which 
will support any residues resulting from this emergency use. Effective 
April 25, 2017 to July 20, 2017.
    EPA authorized the use of sulfoxaflor on a maximum of 50,000 acres 
of sorghum (grain and forage) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.668(b). Effective May 5, 2017 to November 30, 2017.
    EPA authorized the use of bifenthrin on a maximum of 3,000 acres of 
apples, pears, and nectarines, to control the brown marmorated stink 
bug. A time-limited tolerance in connection with this action has been 
established in 40 CFR 180.442(b). Effective May 12, 2017 to October 15, 
2017.
    EPA authorized the use of dinotefuran on a maximum of 4,000 acres 
of pome and stone fruit to control the brown marmorated stink bug. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15, 
2017.
    EPA authorized the use of flupyradifurone on a maximum of 150 acres 
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.
Oklahoma
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 300,000 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). Effective April 9, 
2017 to November 30, 2017.
Pennsylvania
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a 
maximum of 24,973 acres of apples, pears, and nectarines, to control 
the brown marmorated stink bug. A time-limited tolerance in connection 
with this action has been established in 40 CFR 180.442(b). Effective 
April 20, 2017 to October 15, 2017.
    EPA authorized the use of dinotefuran on a maximum of 24,974 acres 
of pome and stone fruit to control the brown marmorated stink bug. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15, 
2017.
South Carolina
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 19,600 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). Effective April 9, 
2017 to November 30, 2017.
Tennessee
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 240,000 acres of cotton to control tarnished plant bug 
(Lygus lineolaris). A permanent tolerance in connection with an earlier 
registration action has been established in 40 CFR 180.668(a). 
Effective June 1, 2017 to September 30, 2017.
    EPA authorized the use of flupyradifurone on a maximum of 750 acres 
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established 
in 40 CFR 180.679(b). Effective June 12, 2017 to November 15, 2017.
Texas
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 5.5 million acres of cotton to control tarnished plant bug 
(Lygus lineolaris). A permanent tolerance in connection with an earlier 
registration action has been established in 40 CFR 180.668(a). 
Effective April 28, 2017 to October 31, 2017.
    EPA authorized the use of tolfenpyrad on a maximum of 10,000 acres 
of dry bulb onions to control thrips (Thrips tabaci). A time-limited 
tolerance in connection with this action will be established in 40 CFR 
180.675(b). Effective June 2, 2017 to July 10, 2017.
Virginia
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of sulfoxaflor on a 
maximum of 16,591 acres of sorghum (grain and forage) to control 
sugarcane aphid. A time-limited tolerance in connection with this 
action has been established in 40 CFR 180.668(b). Effective April 9, 
2017 to November 30, 2017.
    EPA authorized the use of bifenthrin on a maximum of 29,000 acres 
of apples, pears, and nectarines, to control the brown marmorated stink 
bug. A time-limited tolerance in connection with this action has been 
established in 40 CFR 180.442(b). Effective April 20, 2017 to October 
15, 2017.
    EPA authorized the use of dinotefuran on a maximum of 29,000 acres 
of pome and stone fruit to control the brown marmorated stink bug. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15, 
2017.
West Virginia
Department of Agriculture
    Specific exemption: EPA authorized the use of bifenthrin on a 
maximum of 5,986 acres of apples, pears, and nectarines, to control the 
brown marmorated stink bug. A time-limited tolerance in connection with 
this action has been established in 40 CFR 180.442(b). Effective May 5, 
2017 to October 15, 2017.
    EPA authorized the use of dinotefuran on a maximum of 5,986 acres 
of pome and stone fruit to control the brown marmorated stink bug. A 
time-limited tolerance in connection with this action has been 
established in 40 CFR 180.603(b). Effective May 22, 2017 to October 15, 
2017.

B. Federal Departments and Agencies

Defense Department
Department of Defense
Armed Forces Pest Management Board
    Specific exemption. EPA authorized use of permethrin for treatment 
of unoccupied military aircraft to comply with disinsection 
requirements of Italy and other countries, to prevent dissemination of 
potential insect disease vectors such as the Aedes mosquito, vector of 
the zika virus. Signed June 26,

[[Page 56824]]

2017, effective July 13, 2017 to July 13, 2018.
Centers for Disease Control and Prevention
    Public health exemptions: EPA authorized use of pyriproxyfen (a 
larvicide) and Beauveria bassiana (a fungus pathogenic to adult 
insects) to help control Aedes species of mosquitoes, vectors of the 
zika virus, in Puerto Rico. Effective May 12, 2017 to May 12, 2018.

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

    Dated: October 18, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-25831 Filed 11-29-17; 8:45 am]
 BILLING CODE 6560-50-P


