[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63022-63024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24787]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0050; FRL-8963-01-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 April 1, 2021 to June 30, 2021 to control unforeseen pest 
outbreaks.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Public Reading Room is closed to visitors 
with limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. 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 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 fluridone on a 
maximum of 5,000 acres of peanut to control herbicide-resistant Palmer 
amaranth (Amaranthus palmeri). A time-limited tolerance in connection 
with this action will be established in 40 CFR 180.420(b). The 
authorization for this use is effective May 7, 2021 to August 1, 2021.

[[Page 63023]]

California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of bifenthrin on a 
maximum of 18,000 acres of pomegranate to control leaffooted plant bug. 
A time-limited tolerance in connection with a past action has been 
established in 40 CFR 180.442(b). The authorization for this use is 
effective June 21, 2021 to January 15, 2022.
Colorado
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 5,500 acres of sugar beets for postemergence control of 
glyphosate-resistant Palmer amaranth pigweed (Amaranthus palmeri). 
Time-limited tolerances in connection with this action will be 
established in 40 CFR 180.383(b). The authorization for this use is 
effective June 1, 2021 to July 31, 2021.
Georgia
Department of Agriculture
    Public Health Exemption: EPA authorized the use of Benzene, 1-(1,1-
dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-methyl-
1,3-butadiene, sulfonated, CAS 1637665-77-0 (referred to as BiaXam 
polymer), for supplemental residual control of Severe Acute Respiratory 
Syndrome Coronavirus 2 (SARS-CoV-2) on hard, nonporous, nonfood-contact 
surfaces in Delta Air Lines airplanes and airport facilities in 
Georgia. Because the request proposed use of a new chemical (an active 
ingredient not contained in any currently registered pesticide), in 
accordance with the requirements at 40 CFR 166.24, a notice of receipt 
published in the Federal Register on February 9, 2021 (86 FR 8784) 
(FRL-10019-60) with the public comment period closing on February 24, 
2021. The authorization for this use is effective April 21, 2021 to 
April 21, 2022.
Hawaii
Department of Agriculture
    Specific exemption: EPA authorized the use of fluxapyroxad and 
pyraclostrobin on a maximum of 8,000 acres of coffee to control coffee 
leaf rust (Hemileia vastatrix). Import tolerances in connection with 
prior registration actions have been established in 40 CFR 180.166 for 
fluxapyroxad and 40 CFR 180.582 for pyraclostrobin to support this 
action. The authorization for this use is effective May 19, 2021 to May 
19, 2022.
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., glyphosate-resistant-waterhemp 
(Amaranthus tuberculatus), and Palmer amaranth (Amaranthus palmeri). 
Time-limited tolerances in connection with this action will be 
established in 40 CFR 180.383(b). The authorization for this use is 
effective June 1, 2021 to July 31, 2021.
Minnesota
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 96,000 acres of sugar beets for postemergence control of 
glyphosate-resistant waterhemp (Amaranthus tuberculatus). Time-limited 
tolerances in connection with this action will be established in 40 CFR 
180.383(b). Effective June 1, 2021 to July 31, 2021.
    Public Health Exemption: EPA authorized the use of Benzene, 1-(1,1-
dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-methyl-
1,3-butadiene, sulfonated, CAS 1637665-77-0 (referred to as BiaXam 
polymer), for supplemental residual control of Severe Acute Respiratory 
Syndrome Coronavirus 2 (SARS-CoV-2) on hard, nonporous, nonfood-contact 
surfaces in Delta Air Lines airplanes and airport facilities in 
Minnesota. Because the request proposed use of a new chemical (an 
active ingredient not contained in any currently registered pesticide), 
in accordance with the requirements at 40 CFR 166.24, a notice of 
receipt published in the Federal Register on February 9, 2021 (86 FR 
8784) (FRL-10019-60) with the public comment period closing on February 
24, 2021. The authorization for this use is effective April 21, 2021 to 
April 21, 2022.
Missouri
Department of Agriculture
    Specific exemption: EPA authorized the use of fluridone on a 
maximum of 4,000 acres of peanut to control herbicide-resistant Palmer 
amaranth (Amaranthus palmeri). A time-limited tolerance in connection 
with this action will be established in 40 CFR 180.420(b). The 
authorization for this use is effective May 7, 2021 to August 1, 2021.
Nebraska
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 11,000 acres of sugar beets for postemergence control of 
glyphosate-resistant Palmer amaranth pigweed (Amaranthus palmeri). 
Time-limited tolerances in connection with this action will be 
established in 40 CFR 180.383(b). The authorization for this use is 
effective June 1, 2021 to July 31, 2021.
New York
Department of Environmental Conservation
    Public Health Exemptions: EPA authorized the use of peroxyacetic 
acid and hydrogen peroxide to treat regulated medical waste potentially 
contaminated with the causal agent of COVID-19, the Severe Acute 
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). The authorization for 
this use is effective June 17, 2021 to June 17, 2022.
North Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of acifluorfen on a 
maximum of 34,000 acres of sugar beets for postemergence control of 
glyphosate resistant waterhemp (Amaranthus tuberculatus). Time-limited 
tolerances in connection with this action will be established in 40 CFR 
180.383(b). The authorization for this use is effective June 1, 2021 to 
July 31, 2021.
Utah
Department of Agriculture and Food
    Public Health Exemptions: EPA authorized the use of Benzene, 1-
(1,1-dimethylethyl)-4-ethenyl-, polymer with ethenylbenzene and 2-
methyl-1,3-butadiene, sulfonated, CAS 1637665-77-0 (referred to as 
BiaXam polymer), for supplemental residual control of Severe Acute 
Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) on hard, nonporous, 
nonfood-contact surfaces in Delta Air Lines airplanes and airport 
facilities in Utah. Because the request proposed use of a new chemical 
(an active ingredient not contained in any currently registered 
pesticide), in accordance with the requirements at 40 CFR 166.24, a 
notice of receipt published in the Federal Register on February 9, 2021 
(86 FR 8784) (FRL-10019-60) with the public comment period closing on 
February 24, 2021. The authorization for this use is effective April 
21, 2021 to April 21, 2022.


[[Page 63024]]


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

    Dated: October 29, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-24787 Filed 11-12-21; 8:45 am]
BILLING CODE 6560-50-P


