81 FR 90836 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 241 (December 15, 2016)

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, 2015 to September 30, 2016 to control unforeseen pest outbreaks.

[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90836-90840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30175]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0104; FRL-9955-54]


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, 2015 to September 30, 2016 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

[[Page 90837]]

determine whether this document applies to them. Potentially affected 
entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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-2016-0104, 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 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, and the duration 
of the exemption.

III. Emergency Exemptions

A. U. S. States and Territories

Alabama
Department of Agriculture and Industries
    Specific exemptions: EPA authorized the use of sulfoxaflor on 
cotton to control tarnished plant bug; June 7 to October 31, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 5, 2016 to April 8, 2017.
Arizona
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; September 22, 2016 to April 8, 
2017.
Arkansas
State Plant Board
    Crisis exemption: On July 21, 2016, the Arkansas State Plant Board 
declared a crisis exemption to allow use of flupyradifurone on sweet 
sorghum to control sugarcane aphids. The use was expected to be needed 
beyond the 15 days allowed under a crisis exemption and a specific 
exemption request was also submitted.
    Specific exemptions: EPA authorized the use of sulfoxaflor on 
cotton to control tarnished plant bug; June 7 to October 31, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 5, 2016 to April 8, 2017.
California
Department of Pesticide Regulation
    Crisis exemptions: On August 19, 2016, the California Department of 
Pesticide Regulation declared a crisis exemption to allow use of 
bifenthrin on pomegranate to control leaffooted plant bug. The use was 
expected to be needed beyond the 15 days allowed under a crisis 
exemption and a specific exemption request was also submitted.
    On June 30, 2016, the California Department of Pesticide Regulation 
declared a crisis exemption to allow use of methoxyfenozide in rice to 
control armyworms. The use was expected to be needed beyond the 15 days 
allowed under a crisis exemption and a specific exemption request was 
also submitted.
    Specific exemption: EPA authorized the use of bifenthrin on avocado 
to control polyphagous shot hole borer; April 8, 2016 to April 8, 2017.
Colorado
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; July 11, 2016 to April 8, 2017.
Delaware
Department of Agriculture
    Specific exemptions: EPA authorized the use of dinotefuran on pome 
and stone fruits to control the brown marmorated stinkbug; June 16 to 
October 15, 2016.
    EPA authorized the use of bifenthrin on apple, peach, and nectarine 
to control the brown marmorated stinkbug; May 31 to October 15, 2016.
Florida
Department of Agriculture and Consumer Services
    Crisis exemptions: On March 4, 2016, the Florida Department of 
Agriculture and Consumer Services declared crisis exemptions to allow 
use of the antibiotics, oxytetracycline and streptomycin in citrus to 
help suppress and manage Huanglongbing (HLB) disease (also known as 
citrus greening). The uses were expected to be needed beyond the 15 
days allowed under a crisis exemption and specific exemption requests 
were also submitted.
    Specific exemptions: EPA authorized the use of the antibiotics, 
oxytetracycline and streptomycin in citrus to help suppress and manage 
Huanglongbing (HLB) disease (also known as citrus greening). August 15 
to December 31, 2016.
    EPA authorized the use of tolfenpyrad on fruiting vegetables crop 
group 8-10

[[Page 90838]]

to control various thrips; February 29, 2016 to February 28, 2017.
    EPA authorized the use of clothianidin on immature (3 to 5 years 
old) citrus trees to manage transmission of Huanglongbing (HLB) disease 
vectored by the Asian citrus psyllid; January 15 to October 31, 2016.
    Quarantine exemption: EPA authorized the use of naled in a bait 
formulation to eradicate invasive (non-native) Tephritid fruit fly 
species statewide in Florida, where detected; June 24, 2016 to June 24, 
2017.
Georgia
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; May 5, 2016 to April 8, 2017.
    EPA authorized the use of fluridone in cotton to control Palmer 
amaranth; December 18, 2015 to August 31, 2016.
Idaho
Department of Agriculture
    Specific exemption: EPA authorized the use of hexythiazox on 
sugarbeet to control spider mites; April 19 to September 30, 2016.
Illinois
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; July 19, 2016 to April 8, 2017.
Kansas
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; May 5, 2016 to April 8, 2017.
Kentucky
Department of Agriculture
    Crisis exemption: On July 21, 2016, the Arkansas State Plant Board 
declared a crisis exemption to allow use of flupyradifurone on sweet 
sorghum to control sugarcane aphids. The use was expected to be needed 
longer than the 15 days allowed under a crisis exemption and a specific 
exemption request was also submitted.
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; July 19, 2016 to April 8, 2017.
Louisiana
Department of Agriculture and Forestry
    Crisis exemption: On June 21, 2016, the Louisiana Department of 
Agriculture and Forestry declared a crisis exemption to allow use of 
acetamiprid in sugarcane to control the West Indian canefly. The use 
was expected to be needed longer than the 15 days allowed under a 
crisis exemption, and a specific exemption request was also submitted.
    Specific exemptions: EPA authorized the use of sulfoxaflor on 
cotton to control tarnished plant bug; June 7 to October 31, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 5, 2016 to April 8, 2017.
    Quarantine exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive crazy ant 
species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; April 1 2016 to April 1, 2019.
Maryland
Department of Agriculture
    Specific exemptions: EPA authorized the use of dinotefuran on pome 
and stone fruits to control the brown marmorated stinkbug; June 16 to 
October 15, 2016.
    EPA authorized the use of bifenthrin on apple, peach, and nectarine 
to control the brown marmorated stinkbug; May 31 to October 15, 2016.
Michigan
Department of Agriculture
    Crisis exemption: On July 21 2016, the Michigan Department of 
Agriculture authorized a crisis exemption to allow use of fluopicolide 
on hops to control downy mildew. A previously withdrawn specific 
exemption request was resubmitted since use was needed until October 1, 
2016, beyond the 15 days allowed under a crisis exemption.
    Specific exemption: EPA authorized the use of fluensulfone on 
carrots to control plant-parasitic nematodes; April 20 to June 15, 
2016.
Mississippi
Department of Agriculture and Commerce
    Crisis exemption: On July 21, 2016, the Mississippi Department of 
Agriculture and Commerce declared a crisis exemption to allow use of 
flupyradifurone on sweet sorghum to control sugarcane aphids. The use 
was expected to be needed beyond the 15 days allowed under a crisis 
exemption and a specific exemption request was also submitted.
    Specific exemptions: EPA authorized the use of sulfoxaflor on 
cotton to control tarnished plant bug; June 7 to October 31, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 5, 2016 to April 8, 2017.
    Quarantine exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive crazy ant 
species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; April 1 2016 to April 1, 2019.
Missouri
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on 
cotton to control tarnished plant bug; June 7 to October 31, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 11, 2016 to April 8, 2017.
Nebraska
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; June 2, 2016 to April 8, 2017.
Nevada
Department of Agriculture
    Specific exemption: EPA authorized the use of chlorantraniliprole 
on teff to control armyworm; July 18, 2016 to July 18, 2017.
New Jersey
Department of Environmental Protection
    Specific Exemption: EPA authorized the use of dinotefuran on pome 
and stone fruits to control the brown marmorated stinkbug; August 17 to 
October 15, 2016.
New Mexico
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; June 28, 2016 to April 8, 2017.
New York
Department of Environmental Conservation
    Specific exemptions: EPA authorized the uses of bifenthrin on 
apple, peach, and nectarine to control the brown marmorated stinkbug; 
July 12 to October 15, 2016.
North Carolina
Department of Agriculture and Consumer Services
    Crisis exemption: On July 21, 2016, the North Carolina Department 
of Agriculture and Consumer Services

[[Page 90839]]

declared a crisis exemption to allow use of flupyradifurone on sweet 
sorghum to control sugarcane aphids. The use was expected to be needed 
beyond the 15 days allowed under a crisis exemption and a specific 
exemption request was also submitted.
    On January 11, 2016, the North Carolina Department of Agriculture 
declared a crisis exemption for the postharvest use of thiabendazole on 
sweet potatoes to control black rot disease. The use was expected to be 
needed until December 31, 2016 and a request for a specific exemption 
was also submitted.
    Specific exemptions: EPA authorized the use of thiabendazole on 
sweet potatoes to control black rot disease; July 18 to December 31, 
2016.
    EPA authorized the uses of bifenthrin on apple, peach, and 
nectarine to control the brown marmorated stinkbug; July 12 to October 
15, 2016.
    EPA authorized the use of dinotefuran on pome and stone fruits to 
control the brown marmorated stinkbug; June 16 to October 15, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 5, 2016 to April 8, 2017.
Oklahoma
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; May 5, 2016 to April 8, 2017.
Oregon
Department of Agriculture
    Specific exemption: EPA authorized the use of hexythiazox on 
sugarbeet to control spider mites; April 19 to September 30, 2016.
Pennsylvania
Department of Agriculture
    Specific exemptions: EPA authorized the use of dinotefuran on pome 
and stone fruits to control the brown marmorated stinkbug; June 16 to 
October 15, 2016.
    EPA authorized the use of bifenthrin on apple, peach, and nectarine 
to control the brown marmorated stinkbug; May 31 to October 15, 2016.
    EPA authorized the use of thiabendazole on mushroom to control 
Trichoderma green mold; March 11, 2016 to March 11, 2017.
South Carolina
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; May 25, 2016 to April 8, 2017.
Tennessee
Department of Agriculture
    Crisis exemption: On July 21, 2016, the Tennessee Department of 
Agriculture declared a crisis exemption to allow use of flupyradifurone 
on sweet sorghum to control sugarcane aphids. The use was expected to 
be needed beyond the 15 days allowed under a crisis exemption and a 
specific exemption request was also submitted.
    Specific exemptions: EPA authorized the use of sulfoxaflor on 
cotton to control tarnished plant bug; June 7 to October 31, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 5, 2016 to April 8, 2017.
Texas
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on 
sorghum to control sugarcane aphids; April 8, 2016 to April 8, 2017.
    Quarantine exemption: EPA authorized the use of fipronil as an 
expansion of the registered use, to control an invasive crazy ant 
species (commonly referred to as the tawny crazy ant) around the 
outside of manmade structures in counties where the ant has been 
confirmed; April 1, 2016 to April 1, 2019.
Virginia
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of dinotefuran on pome 
and stone fruits to control the brown marmorated stinkbug; June 16 to 
October 15, 2016.
    EPA authorized the use of bifenthrin on apple, peach, and nectarine 
to control the brown marmorated stinkbug; May 31 to October 15, 2016.
    EPA authorized the use of sulfoxaflor on sorghum to control 
sugarcane aphids; May 16, 2016 to April 8, 2017.
Washington
Department of Agriculture
    Crisis exemptions: On the August 26, 2016, the Washington 
Department of Agriculture declared a crisis exemption for use of 
lambda-cyhalothrin on asparagus to control the European asparagus 
aphid. The use season was expected to last until October 31, 2016, and 
a specific exemption request was also submitted.
    On May 19, 2016, the Washington Department of Agriculture declared 
a crisis exemption for use of isofetamid on blackberry, blueberry, and 
raspberry to control Botrytis cinerea (gray mold). The use was expected 
to be needed beyond the 15 days allowed under a crisis exemption and a 
specific exemption request was also submitted.
    Specific exemptions: EPA authorized the use of lambda-cyhalothrin 
on asparagus to control the European asparagus aphid; September 19 to 
October 31, 2016.
    EPA authorized the use of isofetamid on blackberry, blueberry, and 
raspberry to control Botrytis cinerea (gray mold); July 27 to October 
30, 2016.
West Virginia
Department of Agriculture
    Specific exemptions: EPA authorized the use of dinotefuran on pome 
and stone fruits to control the brown marmorated stinkbug; June 16 to 
October 15, 2016.
    EPA authorized the use of bifenthrin on apple, peach, and nectarine 
to control the brown marmorated stinkbug; May 31 to October 15, 2016.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
    Quarantine exemptions: EPA authorized the use of citric acid to 
treat for disinfection of porous and nonporous surfaces contaminated 
with Foot-and-Mouth Disease Virus, African Swine Fever Virus, Low 
Pathogenic Avian Influenza Virus, and high Pathogenic Avian Flu 
Influenza Virus; February 4, 2016 to February 4, 2019.
    EPA authorized the use of a mixture of potassium peroxymonosulfate 
and propylene glycol for disinfection of nonporous surfaces associated 
with poultry facilities infected with highly pathogenic avian influenza 
virus; January 20, 2016 to January 20, 2019.
Centers for Disease Control and Prevention
    Public health exemptions: EPA authorized use of deltamethrin to 
help control Aedes species of mosquitoes, vectors of the zika virus, in 
Puerto Rico where the zika virus is being locally transmitted, and 
Aedes mosquito populations have developed resistance to other materials 
commonly used for mosquito control. EPA authorized three different uses 
of deltamethrin as follows: Pre-treated mosquito bed nets, May 10, 2016 
to May 10, 2017; pre-treated window curtain coverings, May 18, 2016 to 
May 18, 2017; a tablet form used to prepare a solution for treatment of 
mosquito bed nets and curtains, May 19, 2016 to May 19, 2017.
    EPA authorized use of pyriproxyfen (a larvicide) and Beauveria 
bassiana (a

[[Page 90840]]

fungus pathogenic to adult insects) to help control Aedes species of 
mosquitoes, vectors of the zika virus. Deployment is in a container 
``trap'' designed to attract the egg-laying adult mosquito, and was 
initially targeted for Puerto Rico, where the zika virus was being 
locally transmitted. While in the trap depositing eggs, the adult 
mosquito is coated with the pesticide mixture, and then visits other 
egg-laying sites, distributing pyriproxyfen in the process. The 
pyriproxyfen kills the larva by preventing development into an adult, 
while the Beauvaria bassiana slowly kills the adult mosquito over 8-10 
days. Use is allowed in other areas of the U.S. if zika-transmitting 
mosquitoes are detected. May 6, 2016 to May 6, 2017.
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 counties, to prevent dissemination of 
potential insect disease vectors such as the Aedes mosquito, vector of 
the zika virus. July 13, 2016 to July 13, 2017.
National Aeronautics and Space Administration
    Specific exemption. EPA authorized use of ortho-phthalaldehyde, 
immobilized to a porous resin, to treat the International Space Station 
(ISS) internal active thermal control system (IATCS) coolant for 
control of aerobic and microaerophilic water bacteria and unidentified 
gram negative rods. August 31, 2016 to August 31, 2017.

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

    Dated: November 30, 2016,
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-30175 Filed 12-14-16; 8:45 am]
 BILLING CODE 6560-50-P