82_FR_14769 82 FR 14715 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

82 FR 14715 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range14715-14716
FR Document2017-05722

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, 2016 to December 31, 2016 to control unforeseen pest outbreaks.

Federal Register, Volume 82 Issue 54 (Wednesday, March 22, 2017)
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14715-14716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05722]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0009; FRL-9959-45]


Pesticide Emergency Exemptions; Agency Decisions and State and 
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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, 2016 to December 31, 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 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-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 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 bifenthrin on a 
maximum of 18,000 acres of pomegranates to control leaf footed plant 
bug. A time-limited tolerance in connection with this action was 
established in 40 CFR 180.442(b); Effective October 6, 2016 to December 
31, 2016.
Florida
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of clothianidin on a 
maximum of 125,376 acres of immature (3 to 5 years old) citrus trees to 
manage the transmission of Huanglongbing (HLB) disease vectored by the 
Asian citrus psyllid. A time-limited tolerance in connection with this 
action was established in 40 CFR 180.668(b); Effective March 1, 2017 to 
October 31, 2017.
Mississippi
Department of Agriculture and Commerce
    Specific exemptions: EPA authorized the use of sulfoxaflor on a 
maximum of 337,500 acres of cotton to control tarnished plant bug. 
Tolerances in connection with a previous action have been established 
in 40 CFR 180.668(a); Effective December 23, 2016 to October 31, 2017.
    EPA authorized the use of sulfoxaflor on a maximum of 115,000 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 October 31, 2017.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemption: EPA authorized the use of thiabendazole for 
postharvest use on 80,000 acres of sweet potatoes to control black rot 
disease. A time-limited tolerance in connection with this action has 
been established in 40 CFR 180.680(b); Effective January 1, 2017 to 
December 31, 2017.

[[Page 14716]]

Pennsylvania
Department of Agriculture
    Specific exemption: EPA authorized the use of etofenprox for use in 
mushroom cultivation on up to 16 million square feet (equivalent to 
2,000 mushroom houses) to control Sciarid and Phorid fly species. 
Tolerances in connection with a previous action have been established 
in 40 CFR 180.620(a), to cover any residues as a result of this 
emergency exemption use; Effective December 21, 2016 to December 20, 
2017.

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

    Dated: March 1, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-05722 Filed 3-21-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices                                           14715

                                                      Dated: February 24, 2017.                             EPA–HQ–OPP–2017–0009, is available                    pesticide authorized and the pests, the
                                                    Peter Tsirigotis,                                       at http://www.regulations.gov or at the               crop or use for which authorized,
                                                    Director, Sector Policies and Programs                  Office of Pesticide Programs Regulatory               number of acres (if applicable), and the
                                                    Division.                                               Public Docket (OPP Docket) in the                     duration of the exemption. EPA also
                                                    [FR Doc. 2017–05662 Filed 3–21–17; 8:45 am]             Environmental Protection Agency                       gives the Federal Register citation for
                                                    BILLING CODE 6560–50–P                                  Docket Center (EPA/DC), West William                  the time-limited tolerance, if any.
                                                                                                            Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                                                                                  III. Emergency Exemptions
                                                                                                            Constitution Ave. NW., Washington, DC
                                                    ENVIRONMENTAL PROTECTION                                20460–0001. The Public Reading Room                   A. U.S. States and Territories
                                                    AGENCY                                                  is open from 8:30 a.m. to 4:30 p.m.,
                                                                                                                                                                  California
                                                                                                            Monday through Friday, excluding legal
                                                    [EPA–HQ–OPP–2017–0009; FRL–9959–45]
                                                                                                            holidays. The telephone number for the                Department of Pesticide Regulation
                                                    Pesticide Emergency Exemptions;                         Public Reading Room is (202) 566–1744,                  Specific exemption: EPA authorized
                                                    Agency Decisions and State and                          and the telephone number for the OPP                  the use of bifenthrin on a maximum of
                                                    Federal Agency Crisis Declarations                      Docket is (703) 305–5805. Please review               18,000 acres of pomegranates to control
                                                                                                            the visitor instructions and additional               leaf footed plant bug. A time-limited
                                                    AGENCY: Environmental Protection                        information about the docket available                tolerance in connection with this action
                                                    Agency (EPA).                                           at http://www.epa.gov/dockets.                        was established in 40 CFR 180.442(b);
                                                    ACTION: Notice.                                                                                               Effective October 6, 2016 to December
                                                                                              II. Background
                                                    SUMMARY: EPA has granted emergency
                                                                                                                                                                  31, 2016.
                                                                                                 EPA has granted emergency
                                                    exemptions under the Federal              exemptions to the following State and                               Florida
                                                    Insecticide, Fungicide, and Rodenticide Federal agencies. The emergency
                                                                                                                                                                  Department of Agriculture and
                                                    Act (FIFRA) for use of pesticides as      exemptions may take the following                                   Consumer Services
                                                    listed in this notice. The exemptions     form: Crisis, public health, quarantine,
                                                    were granted during the period October    or specific.                                                           Specific exemption: EPA authorized
                                                    1, 2016 to December 31, 2016 to control      Under FIFRA section 18 (7 U.S.C.                                 the use of clothianidin on a maximum
                                                    unforeseen pest outbreaks.                136p), EPA can authorize the use of a                               of 125,376 acres of immature (3 to 5
                                                    FOR FURTHER INFORMATION CONTACT:          pesticide when emergency conditions                                 years old) citrus trees to manage the
                                                    Michael L. Goodis, Registration Division exist. Authorizations (commonly called                               transmission of Huanglongbing (HLB)
                                                    (7505P), Office of Pesticide Programs,    emergency exemptions) are granted to                                disease vectored by the Asian citrus
                                                    Environmental Protection Agency, 1200 State and Federal agencies and are of                                   psyllid. A time-limited tolerance in
                                                    Pennsylvania Ave. NW., Washington,        four types:                                                         connection with this action was
                                                    DC 20460–0001; main telephone                1. A ‘‘specific exemption’’ authorizes                           established in 40 CFR 180.668(b);
                                                    number: (703) 305–7090; email address: use of a pesticide against specific pests                              Effective March 1, 2017 to October 31,
                                                    RDFRNotices@epa.gov.                      on a limited acreage in a particular                                2017.
                                                                                              State. Most emergency exemptions are
                                                    SUPPLEMENTARY INFORMATION:                                                                                    Mississippi
                                                                                              specific exemptions.
                                                    I. General Information                       2. ‘‘Quarantine’’ and ‘‘public health’’                          Department of Agriculture and
                                                                                              exemptions are emergency exemptions                                 Commerce
                                                    A. Does this action apply to me?
                                                                                              issued for quarantine or public health                                Specific exemptions: EPA authorized
                                                       You may be potentially affected by     purposes. These are rarely requested.                               the use of sulfoxaflor on a maximum of
                                                    this action if you are an agricultural       3. A ‘‘crisis exemption’’ is initiated by
                                                                                                                                                                  337,500 acres of cotton to control
                                                    producer, food manufacturer, or           a State or Federal agency (and is
                                                                                                                                                                  tarnished plant bug. Tolerances in
                                                    pesticide manufacturer. The following     confirmed by EPA) when there is
                                                                                                                                                                  connection with a previous action have
                                                    list of North American Industrial         insufficient time to request and obtain
                                                                                                                                                                  been established in 40 CFR 180.668(a);
                                                    Classification System (NAICS) codes is    EPA permission for use of a pesticide in
                                                                                                                                                                  Effective December 23, 2016 to October
                                                    not intended to be exhaustive, but rather an emergency.
                                                                                                                                                                  31, 2017.
                                                    provides a guide to help readers             EPA may deny an emergency
                                                                                                                                                                    EPA authorized the use of sulfoxaflor
                                                    determine whether this document           exemption: If the State or Federal
                                                                                                                                                                  on a maximum of 115,000 acres of
                                                    applies to them. Potentially affected     agency cannot demonstrate that an
                                                                                                                                                                  sorghum (grain and forage) to control
                                                    entities may include:                     emergency exists, if the use poses
                                                                                                                                                                  sugarcane aphid. A time-limited
                                                       • Crop production (NAICS code 111).    unacceptable risks to the environment,
                                                                                                                                                                  tolerance in connection with this action
                                                       • Animal production (NAICS code        or if EPA cannot reach a conclusion that
                                                                                                                                                                  has been established in 40 CFR
                                                    112).                                     the proposed pesticide use is likely to
                                                                                                                                                                  180.668(b); Effective May 1, 2017 to
                                                       • Food manufacturing (NAICS code       result in ‘‘a reasonable certainty of no
                                                                                                                                                                  October 31, 2017.
                                                    311).                                     harm’’ to human health, including
                                                       • Pesticide manufacturing (NAICS       exposure of residues of the pesticide to                            North Carolina
                                                    code 32532).                              infants and children.                                               Department of Agriculture and
                                                       If you have any questions regarding       If the emergency use of the pesticide
                                                                                                                                                                  Consumer Services
                                                                                              on a food or feed commodity would
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the applicability of this action to a
                                                    particular entity, consult the person     result in pesticide chemical residues,                                Specific exemption: EPA authorized
                                                    listed at the end of the emergency        EPA establishes a time-limited tolerance                            the use of thiabendazole for postharvest
                                                    exemption.                                meeting the ‘‘reasonable certainty of no                            use on 80,000 acres of sweet potatoes to
                                                                                              harm standard’’ of the Federal Food,                                control black rot disease. A time-limited
                                                    B. How can I get copies of this document                                                                      tolerance in connection with this action
                                                                                              Drug, and Cosmetic Act (FFDCA).
                                                    and other related information?               In this document: EPA identifies the                             has been established in 40 CFR
                                                       The docket for this action, identified State or Federal agency granted the                                 180.680(b); Effective January 1, 2017 to
                                                    by docket identification (ID) number      exemption, the type of exemption, the                               December 31, 2017.


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                                                    14716                       Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices

                                                    Pennsylvania                                            (DFO), SAB Staff Office, by telephone at              scientific advisory committees, provide
                                                    Department of Agriculture                               (202) 564–2049; or at wong.diana-m@                   independent advice to the EPA.
                                                                                                            epa.gov. General information                          Members of the public can submit
                                                      Specific exemption: EPA authorized                    concerning the EPA Science Advisory                   relevant comments pertaining to the
                                                    the use of etofenprox for use in                        Board can be found at the EPA SAB                     meeting materials or the group
                                                    mushroom cultivation on up to 16                        Web site at http://www.epa.gov/sab.                   conducting this SAB activity. Input
                                                    million square feet (equivalent to 2,000
                                                                                                            SUPPLEMENTARY INFORMATION:                            from the public to the SAB will have the
                                                    mushroom houses) to control Sciarid
                                                                                                               Background: The SAB was                            most impact if it consists of comments
                                                    and Phorid fly species. Tolerances in
                                                                                                            established pursuant to the                           that provide specific scientific or
                                                    connection with a previous action have
                                                                                                            Environmental Research, Development,                  technical information or analysis for
                                                    been established in 40 CFR 180.620(a),
                                                                                                            and Demonstration Authorization Act                   SAB committees and panels to consider
                                                    to cover any residues as a result of this
                                                                                                            (ERDAA) codified at 42 U.S.C. 4365, to                or if it relates to the clarity or accuracy
                                                    emergency exemption use; Effective
                                                                                                            provide independent scientific and                    of the technical information. Members
                                                    December 21, 2016 to December 20,
                                                                                                            technical advice to the Administrator on              of the public wishing to provide
                                                    2017.
                                                                                                            the technical basis for Agency positions              comment should contact the DFO
                                                       Authority: 7 U.S.C. 136 et seq.                      and regulations. The SAB is a Federal                 directly.
                                                      Dated: March 1, 2017.                                 Advisory Committee chartered under
                                                    Michael Goodis,                                         the Federal Advisory Committee Act                       Oral Statements: In general,
                                                                                                            (FACA), 5 U.S.C., App. 2. The SAB will                individuals or groups requesting an oral
                                                    Director, Registration Division, Office of
                                                    Pesticide Programs.                                     comply with the provisions of FACA                    presentation on a public teleconference
                                                    [FR Doc. 2017–05722 Filed 3–21–17; 8:45 am]             and all appropriate SAB Staff Office                  will be limited to three minutes per
                                                    BILLING CODE 6560–50–P
                                                                                                            procedural policies. Pursuant to FACA                 speaker. Interested parties wishing to
                                                                                                            and EPA policy, notice is hereby given                provide comments should contact Dr.
                                                                                                            that the SAB CAAC—RDX Panel will                      Diana Wong, DFO (preferably via email),
                                                    ENVIRONMENTAL PROTECTION                                hold two public teleconferences to                    at the contact information noted above,
                                                    AGENCY                                                  discuss its draft report regarding the                by April 6, 2017, to be placed on the list
                                                                                                            draft IRIS Toxicological Review of                    of public speakers for the
                                                    [FRL–9960–06–OA]
                                                                                                            Hexahydro-1,3,5-trinitro-1,3,5-triazine               teleconference.
                                                    Notification of Two Public                              (External Review Draft—September                         Written Statements: Written
                                                    Teleconferences of the Science                          2016). The Panel will provide advice to
                                                                                                                                                                  statements will be accepted throughout
                                                    Advisory Board Chemical Assessment                      the Administrator through the chartered
                                                                                                                                                                  the advisory process; however, for
                                                    Advisory Committee Augmented for                        SAB regarding this IRIS assessment.
                                                                                                               The SAB CAAC—RDX Panel held a                      timely consideration by Panel members,
                                                    the Review of EPA’s Draft Hexahydro-                                                                          statements should be should be
                                                    1,3,5-trinitro-1,3,5-triazine (RDX)                     public meeting on December 12–14,
                                                                                                            2016. The purpose of that meeting was                 supplied to the DFO (preferably via
                                                    Assessment                                                                                                    email) at the contact information noted
                                                                                                            to develop responses to the peer review
                                                    AGENCY: Environmental Protection                        charge on the agency’s draft IRIS                     above by April 6, 2017. It is the SAB
                                                    Agency (EPA).                                           Toxicological Review of Hexahydro-                    Staff Office general policy to post
                                                    ACTION: Notice.                                         1,3,5-trinitro-1,3,5-triazine (External               written comments on the Web page for
                                                                                                            Review Draft—September 2016). The                     the advisory meeting or teleconference.
                                                    SUMMARY:    The Environmental Protection                purpose of these public teleconferences               Submitters are requested to provide an
                                                    Agency (EPA or Agency) Science                          is for the Panel to discuss these                     unsigned version of each document
                                                    Advisory Board (SAB) Staff Office                       responses and draft report. The two                   because the SAB Staff Office does not
                                                    announces two public teleconferences                    public teleconferences will be                        publish documents with signatures on
                                                    of the SAB Chemical Assessment                          conducted as one complete meeting,                    its Web sites. Members of the public
                                                    Advisory Committee Augmented for the                    beginning on April 13, 2017, and if                   should be aware that their personal
                                                    Review of the Draft Hexahydro-1,3,5-                    necessary, will continue on April 17,                 contact information, if included in any
                                                    trinitro-1,3,5-triazine (RDX) Assessment                2017.                                                 written comments, may be posted to the
                                                    (CAAC–RDX Panel) to peer review                            Availability of Meeting Materials:
                                                    EPA’s draft Integrated Risk Information                                                                       SAB Web site. Copyrighted material will
                                                                                                            Additional background on this SAB                     not be posted without explicit
                                                    System (IRIS) Toxicological Review of                   activity, the teleconference agenda, draft
                                                    Hexahydro-1,3,5-trinitro-1,3,5-triazine                                                                       permission of the copyright holder.
                                                                                                            report, and other materials for the
                                                    (RDX) (External Review Draft—                           teleconferences will be posted on the                    Accessibility: For information on
                                                    September 2016).                                        SAB Web site at http://                               access or services for individuals with
                                                    DATES: The public teleconferences will                  yosemite.epa.gov/sab/sabproduct.nsf/                  disabilities, please contact Dr. Diana
                                                    be held on Thursday April 13, 2017, and                 fedrgstr_activites/                                   Wong at (202) 564–2049 or wong.diana-
                                                    Monday April 17, 2017. The                              IRIS%20RDX?OpenDocument.                              m@epa.gov. To request accommodation
                                                    teleconferences will be held from 1:00                     Procedures for Providing Public Input:             of a disability, please contact Dr. Wong
                                                    p.m. to 5:00 p.m. (Eastern Time) on both                Public comment for consideration by                   preferably at least ten days prior to the
                                                    days.                                                   EPA’s federal advisory committees and                 teleconferences, to give EPA as much
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    ADDRESSES: Location: The public                         panels has a different purpose from                   time as possible to process your request.
                                                    teleconference will be conducted by                     public comment provided to EPA                         Dated: March 8, 2017.
                                                    telephone only.                                         program offices. Therefore, the process
                                                                                                                                                                  Khanna Johnston,
                                                    FOR FURTHER INFORMATION CONTACT: Any                    for submitting comments to a federal
                                                    member of the public wishing further                    advisory committee is different from the              Acting Deputy Director, EPA Science
                                                    information concerning the                              process used to submit comments to an                 Advisory Board Staff Office.
                                                    teleconferences may contact Dr. Diana                   EPA program office. Federal advisory                  [FR Doc. 2017–05702 Filed 3–21–17; 8:45 am]
                                                    Wong, Designated Federal Officer                        committees and panels, including                      BILLING CODE 6560–50–P




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Document Created: 2017-03-22 03:58:59
Document Modified: 2017-03-22 03:58:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMichael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation82 FR 14715 

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