82 FR 31056 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 127 (July 5, 2017)
Federal Register Volume 82, Issue 127 (July 5, 2017)
| Page Range | 31056-31058 | |
| FR Document | 2017-14089 |
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)] [Notices] [Pages 31056-31058] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14089] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0009; FRL-9962-59] 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 [[Page 31057]] listed in this notice. The exemptions were granted during the period January 1, 2017 to March 31, 2017 to control unforeseen pest outbreaks. FOR FURTHER INFORMATION CONTACT: Michael 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 Alabama Department of Agriculture and Industries Specific exemptions: EPA authorized the use of sulfoxaflor on a maximum of 45,000 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 October 31, 2017. EPA authorized the use of sulfoxaflor on a maximum of 75,000 acres of cotton to control tarnished plant bugs. Tolerances in connection with a previous action have 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 bugs. Tolerances in connection with a previous action have been established in 40 CFR 180.668(a); Effective June 1, 2017 to October 31, 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 April 9, 2017 to September 15, 2017. Florida Department of Agriculture and Consumer Services Specific exemptions: EPA authorized the uses of streptomycin and oxytetracycline on a maximum of 388,534 acres of citrus to manage HLB or citrus greening disease caused by the bacteria, Candidatus Liberibacter Asiaticus. Time-limited tolerances in connection with these actions have been established at 40 CFR 180.337(b) (oxytetracycline) and 180.245(b) (streptomycin). Effective January 10, 2017 to December 31, 2017. EPA authorized the use of tolfenpyrad on a maximum of 51,600 acres of fruiting vegetables to control various thrips. A time-limited tolerance in connection with this action have been established in 40 CFR 180.675(b); Effective March 1, 2017 to March 1, 2018. Louisiana Department of Agriculture and Forestry Specific exemptions: EPA authorized the use of sulfoxaflor on a maximum of 180,000 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. EPA authorized the use of sulfoxaflor on a maximum of 175,000 acres of cotton to control tarnished plant bugs. Tolerances in connection with a previous action have been established in 40 CFR 180.668(a); Effective May 15, 2017 to October 31, 2017. Quarantine exemption: EPA authorized the use of triclopyr on a maximum of 382,467 acres of sugarcane [[Page 31058]] to control Merrill's nightshade. A time-limited tolerance in connection with this action will be established in 40 CFR 180.417(b); Effective February 10, 2017 to May 31, 2020. Pennsylvania Department of Agriculture Specific exemptions: EPA authorized the use of thiabendazole on mushroom spawn and supplement equivalent to a maximum of 83,750,000 square feet of crop to control Trichoderma green mold. A time-limited tolerance in connection with a previous action is established at 40 CFR 180.242(a); Effective March 17, 2017 to March 17, 2018. Texas Department of Agriculture Crisis exemption: On March 17, 2017, the Texas Department of Agriculture declared a crisis exemption to allow the use of tolfenpyrad on a maximum of 10,000 acres of dry bulb onions to control onion thrips. The need for this use is expected beyond the 15 days allowed under a crisis exemption, and a specific exemption request was submitted to the Agency. A time-limited tolerance in connection with this action will be established in 40 CFR 180.675(b); Effective March 14, 2017 to March 31, 2017. Specific exemptions: EPA authorized the use of sulfoxaflor on a maximum of 3,000,000 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. EPA authorized the use of clothianidin on a maximum of 4,000 acres of immature 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 May 1, 2017 to May 1, 2018. B. Federal Department and Agency U.S. Department of Agriculture Animal and Plant Health Inspector Service Quarantine exemptions: EPA authorized the use of methyl bromide on post-harvest unlabeled imported/domestic commodities to prevent the introduction/spread of any new or recently introduced foreign pest(s) to any U.S. geographical location; March 1, 2017 to March 1, 2020. EPA authorized the planting of 100% of cotton acreage to transgenic (Bt) cotton as a component of the Pink Bollworm (PBW) Eradication Program in the PBW eradication area of California. A potential maximum of an additional 1,600 acres could be planted to Bt cotton under this quarantine exemption. Effective: March 9, 2017 to March 9, 2020. Authority: 7 U.S.C. 136 et seq. Dated: May 26, 2017. Daniel Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2017-14089 Filed 7-3-17; 8:45 am] BILLING CODE 6560-50-P
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Agency has not attempted to describe all information on a disk or CD–ROM that 2. Tips for preparing your comments.
the specific entities that may be affected you mail to EPA, mark the outside of the When preparing and submitting your
by this action. If you have any questions disk or CD–ROM as CBI and then comments, see the commenting tips at
regarding the applicability of this action identify electronically within the disk or http://www.epa.gov/dockets/
to a particular entity, consult the CD–ROM the specific information that comments.html.
Chemical Review Manager for the is claimed as CBI. In addition to one
pesticide of interest identified in the II. What action is the agency taking?
complete version of the comment that
table in Unit II. includes information claimed as CBI, a Pursuant to 40 CFR 155.58, this notice
B. What should I consider as i prepare copy of the comment that does not announces the availability of EPA’s
my comments for EPA? contain the information claimed as CBI proposed interim registration review
1. Submitting CBI. Do not submit this must be submitted for inclusion in the decisions for the pesticides shown in
information to EPA through public docket. Information so marked the following table, and opens a 60-day
regulations.gov or email. Clearly mark will not be disclosed except in public comment period on the proposed
the part or all of the information that accordance with procedures set forth in interim decisions.
you claim to be CBI. For CBI 40 CFR part 2.
TABLE 1—REGISTRATION REVIEW PROPOSED INTERIM DECISIONS BEING ISSUED
Registration review case name and No. Docket ID No. Chemical review manager and contact information
Aliphatic Esters, Case 4005 ........................................... EPA–HQ–OPP–2016–0084 Brian Kettl, kettl.brian@epa.gov, 703–347–0535.
Mepiquat Chloride and Mepiquat Pentaborate, Case EPA–HQ–OPP–2012–0083 Caitlin Newcamp, newcamp.caitlin@epa.gov, 703–
2375. 347–0325.
Propylene Glycol and Dipropylene Glycol, Case 3126 EPA–HQ–OPP–2013–0218 Megan Block, block.megan@epa.gov, 703–347–0671.
Triethylene Glycol, Case 3146 ....................................... EPA–HQ–OPP–2013–0219 Megan Block, block.megan@epa.gov, 703–347–0671.
Bromuconazole, Case 7035 ........................................... EPA–HQ–OPP–2015–0535 Thomas Harty, harty.thomas@epa.gov, 703–347–
0338.
This document also announces the decisions and to involve the public. required to consider these late
closure of the registration review case Section 3(g) of the Federal Insecticide, comments.
for Amines, C10-16-alkyldimethyl, N- Fungicide, and Rodenticide Act (FIFRA) The Agency will carefully consider all
oxides (ADAO) (Case 5003, and Docket (7 U.S.C. 136a(g)) required EPA to comments received by the closing date
ID Number: EPA–HQ–OPP–2011–0616); establish by regulation procedures for and may provide a ‘‘Response to
1H-Pyrazole-1-methanol, 3,5-dimethyl reviewing pesticide registrations, Comments Memorandum’’ in the
(DMHMP) (Case 5035, and Docket ID originally with a goal of reviewing each docket. The interim registration review
Number: EPA–HQ–OPP–2011–0619); pesticide’s registration every 15 years to decision will explain the effect that any
and Nuosept (Cosan) 145 (Case 3052, ensure that a pesticide continues to comments had on the interim decision
and Docket ID Number: EPA–HQ–OPP– meet the FIFRA standard for and provide the Agency’s response to
2008–0335) because all of the registration. The Agency’s final rule to significant comments.
registrations in the U.S. have been implement this program was issued in Background on the registration review
cancelled. August 2006 and became effective in program is provided at: http://
The registration review docket for a October 2006, and appears at 40 CFR www.epa.gov/pesticide-reevaluation.
pesticide includes earlier documents part 155, subpart C. The Pesticide Authority: 7 U.S.C. 136 et seq.
related to the registration review case. Registration Improvement Act of 2003
For example, the review opened with a Dated: May 23, 2017.
(PRIA) was amended and extended in
Preliminary Work Plan, for public Yu-Ting Guilaran,
September 2007. FIFRA, as amended by
comment. A Final Work Plan was PRIA in 2007, requires EPA to complete Director, Pesticide Re-Evaluation Division,
placed in the docket following public Office of Pesticide Programs.
registration review decisions by October
comment on the Preliminary Work Plan. 1, 2022, for all pesticides registered as [FR Doc. 2017–14096 Filed 7–3–17; 8:45 am]
The documents in the dockets of October 1, 2007. BILLING CODE 6560–50–P
describe EPA’s rationales for conducting
additional risk assessments for the The registration review final rule at 40
registration review of the pesticides CFR 155.58(a) provides for a minimum ENVIRONMENTAL PROTECTION
included in the table in Unit II, as well 60-day public comment period on all AGENCY
as the Agency’s subsequent risk findings proposed interim registration review
decisions. This comment period is [EPA–HQ–OPP–2017–0009; FRL–9962–59]
and consideration of possible risk
mitigation measures. These proposed intended to provide an opportunity for
Pesticide Emergency Exemptions;
interim registration review decisions are public input and a mechanism for
Agency Decisions and State and
supported by the rationales included in initiating any necessary amendments to
Federal Agency Crisis Declarations
those documents. the proposed interim decision. All
comments should be submitted using
sradovich on DSK3GMQ082PROD with NOTICES
Following public comment, the AGENCY: Environmental Protection
Agency will issue interim or final the methods in ADDRESSES, and must be Agency (EPA).
registration review decisions for the received by EPA on or before the closing ACTION: Notice.
pesticides listed in the table in Unit II. date. These comments will become part
The registration review program is of the docket for the pesticides included SUMMARY: EPA has granted emergency
being conducted under congressionally in the table in Unit II. Comments exemptions under the Federal
mandated time frames, and EPA received after the close of the comment Insecticide, Fungicide, and Rodenticide
recognizes the need both to make timely period will be marked ‘‘late.’’ EPA is not Act (FIFRA) for use of pesticides as
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![31058 Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices
to control Merrill’s nightshade. A time- EPA authorized the planting of 100% Division (7502P), Office of Pesticide
limited tolerance in connection with of cotton acreage to transgenic (Bt) Programs, Environmental Protection
this action will be established in 40 CFR cotton as a component of the Pink Agency, 1200 Pennsylvania Ave., NW.,
180.417(b); Effective February 10, 2017 Bollworm (PBW) Eradication Program in Washington, DC 20460–0001; telephone
to May 31, 2020. the PBW eradication area of California. number: (703) 347–0237; email address:
A potential maximum of an additional yanchulis.michael@epa.gov.
Pennsylvania
1,600 acres could be planted to Bt SUPPLEMENTARY INFORMATION:
Department of Agriculture cotton under this quarantine exemption.
Effective: March 9, 2017 to March 9, I. General Information
Specific exemptions: EPA authorized
the use of thiabendazole on mushroom 2020. A. Does this action apply to me?
spawn and supplement equivalent to a Authority: 7 U.S.C. 136 et seq.
This action is directed to the public
maximum of 83,750,000 square feet of Dated: May 26, 2017. in general, and may be of interest to a
crop to control Trichoderma green Daniel Rosenblatt, wide range of stakeholders including
mold. A time-limited tolerance in environmental, human health, and
Acting Director, Registration Division, Office
connection with a previous action is of Pesticide Programs. agricultural advocates; the chemical
established at 40 CFR 180.242(a); industry; pesticide users; and members
[FR Doc. 2017–14089 Filed 7–3–17; 8:45 am]
Effective March 17, 2017 to March 17, of the public interested in the sale,
BILLING CODE 6560–50–P
2018. distribution, or use of pesticides. Since
Texas others also may be interested, the
ENVIRONMENTAL PROTECTION Agency has not attempted to describe all
Department of Agriculture
AGENCY the specific entities that may be affected
Crisis exemption: On March 17, 2017, by this action.
[EPA–HQ–OPP–2010–0014; FRL–9962–88]
the Texas Department of Agriculture
B. How can I get copies of this document
declared a crisis exemption to allow the Product Cancellation Order for Certain and other related information?
use of tolfenpyrad on a maximum of Pesticide Registrations
10,000 acres of dry bulb onions to The docket for this action, identified
control onion thrips. The need for this AGENCY: Environmental Protection by docket identification (ID) number
use is expected beyond the 15 days Agency (EPA). EPA–HQ–OPP–2010–1014, is available
allowed under a crisis exemption, and ACTION: Notice. at http://www.regulations.gov or at the
a specific exemption request was Office of Pesticide Programs Regulatory
submitted to the Agency. A time-limited SUMMARY: This notice announces EPA’s Public Docket (OPP Docket) in the
tolerance in connection with this action order for the cancellations, voluntarily Environmental Protection Agency
will be established in 40 CFR requested by the registrants and Docket Center (EPA/DC), West William
180.675(b); Effective March 14, 2017 to accepted by the Agency, of the products Jefferson Clinton Bldg., Rm. 3334, 1301
March 31, 2017. listed in Table 1 of Unit II., pursuant to Constitution Ave. NW., Washington, DC
Specific exemptions: EPA authorized the Federal Insecticide, Fungicide, and 20460–0001. The Public Reading Room
the use of sulfoxaflor on a maximum of Rodenticide Act (FIFRA). This is open from 8:30 a.m. to 4:30 p.m.,
3,000,000 acres of sorghum (grain and cancellation order follows a June 8, Monday through Friday, excluding legal
forage) to control sugarcane aphid. A 2016 Federal Register Notice of Receipt holidays. The telephone number for the
time-limited tolerance in connection of Requests from the registrants listed in Public Reading Room is (202) 566–1744,
with this action has been established in Table 2 of Unit II. to voluntarily cancel and the telephone number for the OPP
40 CFR 180.668(b); Effective April 9, these product registrations. In the June Docket is (703) 305–5805. Please review
2017 to November 30, 2017. 8, 2016 notice, EPA indicated that it the visitor instructions and additional
would issue an order implementing the information about the docket available
EPA authorized the use of
cancellations, unless the Agency at http://www.epa.gov/dockets.
clothianidin on a maximum of 4,000
received substantive comments within
acres of immature citrus trees to manage II. What action is the agency taking?
the 180-day comment period that would
the transmission of Huanglongbing
merit its further review of these This notice announces the
(HLB) disease vectored by the Asian
requests, or unless the registrants cancellations and/or amendment to
citrus psyllid. A time-limited tolerance
withdrew their requests. The Agency terminate uses, as requested by
in connection with this action was
did not receive any comments on the registrants, of products registered under
established in 40 CFR 180.668(b);
notice. Further, the registrants did not FIFRA section 3 (7 U.S.C. 136a). These
Effective May 1, 2017 to May 1, 2018.
withdraw their requests. Accordingly, registrations are listed in sequence by
B. Federal Department and Agency EPA hereby issues in this notice a registration number in Table 1 and
cancellation order granting the Table 2 of this unit. The following
U.S. Department of Agriculture
requested cancellations. Any registration numbers that were listed in
Animal and Plant Health Inspector distribution, sale, or use of the products the Federal Register of June 8, 2016 (81
Service subject to this cancellation order is FR 36913) (FRL–9943–68) have already
Quarantine exemptions: EPA permitted only in accordance with the been cancelled in previous Federal
authorized the use of methyl bromide terms of this order, including any Register notices: 81002–1 on September
sradovich on DSK3GMQ082PROD with NOTICES
on post-harvest unlabeled imported/ existing stocks provisions. 18, 2015 (80 FR 56457); 9198–205 on
domestic commodities to prevent the DATES: The cancellations are effective October 3, 2016 (81 FR 68013); and
introduction/spread of any new or July 5, 2017. 3525–71, 3525–91, 3525–96, 3525–109,
recently introduced foreign pest(s) to FOR FURTHER INFORMATION CONTACT: CA–030012, MA–080001, OR–080035,
any U.S. geographical location; March 1, Michael Yanchulis, Information OR–100010 and TX–100019 on March
2017 to March 1, 2020. Technology and Resources Management 22, 2017 (82 FR 14717).
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Document Created: 2017-07-04 02:01:02
Document Modified: 2017-07-04 02:01:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone | |
| FR Citation | 82 FR 31056 |
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