82 FR 56821 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 229 (November 30, 2017)

Page Range		56821-56824
FR Document		2017-25831
EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were granted during the period April 1, 2017 to June 30, 2017 to control unforeseen pest outbreaks.
Federal Register, Volume 82 Issue 229 (Thursday, November 30, 2017)
[Federal Register Volume 82, Number 229 (Thursday, November 30, 2017)]
[Notices]
[Pages 56821-56824]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25831]


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ENVIRONMENTAL PROTECTION AGENCY

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted or denied emergency exemptions under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of 
pesticides as listed in this notice. The exemptions or denials were 
granted during the period April 1, 2017 to June 30, 2017 to control 
unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed at the end of 
the emergency exemption or denial.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0009, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

II. Background

    EPA has granted or denied emergency exemptions to the following 
State and Federal agencies. The emergency exemptions may take the 
following form: Crisis, public health, quarantine, or specific. EPA has 
also listed denied emergency exemption requests in this notice.
    Under FIFRA section 18 (7 U.S.C. 136p), EPA can authorize the use 
of a pesticide when emergency conditions exist. Authorizations 
(commonly called emergency exemptions) are granted to State and Federal 
agencies and are of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against 
specific pests on a limited acreage in a particular State. Most 
emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are emergency 
exemptions issued for quarantine or public health purposes. These are 
rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency 
(and is confirmed by EPA) when there is insufficient time to request 
and obtain EPA permission for use of a pesticide in an emergency.
    EPA may deny an emergency exemption: If the State or Federal agency 
cannot demonstrate that an emergency exists, if the use poses 
unacceptable risks to the environment, or if EPA cannot reach a 
conclusion that the proposed pesticide use is likely to result in ``a 
reasonable certainty of no harm'' to human health, including exposure 
of residues of the pesticide to infants and children.
    If the emergency use of the pesticide on a food or feed commodity 
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm 
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency 
granted the exemption or denial, the type of exemption, the pesticide 
authorized and the pests, the crop or use for which authorized, number 
of acres (if applicable), and the duration of the exemption. EPA also 
gives the Federal Register citation for the time-limited tolerance, if 
any.

III. Emergency Exemptions and Denials

A. U.S. States and Territories

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

[[Page 56822]]

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

[[Page 56823]]

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

B. Federal Departments and Agencies

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

[[Page 56824]]

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

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

    Dated: October 18, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-25831 Filed 11-29-17; 8:45 am]
 BILLING CODE 6560-50-P
56822 Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Notices

California Georgia marmorated stink bug. A time-limited
Department of Agriculture tolerance in connection with this action
Department of Pesticide Regulation
has been established in 40 CFR
Specific exemptions: EPA authorized 180.603(b). Effective May 22, 2017 to
Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of October 15, 2017.
the use of methoxyfenozide on a 50,000 acres of sorghum (grain and
maximum of 100,000 acres of rice to forage) to control sugarcane aphid. A Michigan
control armyworm (Mythimna time-limited tolerance in connection
unipuncta) and Western Yellow striped Department of Agriculture
with this action has been established in
Armyworm (Spodoptera praefica). A 40 CFR 180.668(b). May 1, 2017 to Crisis exemption: On June 29, 2017
time-limited tolerance in connection November 30, 2017. the Michigan Department of Agriculture
with this action has been established in EPA authorized the use of declared a crisis exemption for the use
40 CFR 180.544(b). Effective June 30, flupyradifurone on a maximum of 200 of zeta-cypermethrin on tart cherries to
2017 to October 4, 2017. acres of sweet sorghum (forage and control Spotted Wing Drosophila. The
syrup) to control sugarcane aphid. A use season is expected to last until
Colorado August 15, 2017, and a specific
time-limited tolerance in connection
Department of Agriculture with this action has been established in exemption request was also submitted.
40 CFR 180.679(b). Effective June 12, Mississippi
Specific exemption: EPA authorized 2017 to November 15, 2017.
the use of sulfoxaflor on a maximum of Department of Agriculture and
500,000 acres of sorghum (grain and Hawaii Commerce
forage) to control sugarcane aphid. A Department of Agriculture Specific exemptions: EPA authorized
time-limited tolerance in connection Crisis exemption: On May 31, 2017 the use of sulfoxaflor on a maximum of
with this action has been established in the Hawaii Department of Agriculture 750,000 acres of cotton to control
40 CFR 180.668(b). Effective April 9, declared a crisis exemption for the use tarnished plant bug (Lygus lineolaris). A
2017 to November 30, 2017. of tolfenpyrad on watermelon to control permanent tolerance in connection with
Delaware watermelon thrips. The use season is an earlier registration action has been
expected to last until October 31, 2017, established in 40 CFR 180.668(a).
Department of Agriculture and a specific exemption request was Effective June 1, 2017 to October 31,
also submitted. 2017.
Specific exemptions: EPA authorized EPA authorized the use of
the use of bifenthrin on a maximum of Kansas flupyradifurone on a maximum of 1,000
415 acres of apples, pears, and Department of Agriculture acres of sweet sorghum (forage and
nectarines, to control the brown syrup) to control sugarcane aphid. A
marmorated stink bug. A time-limited Specific exemption: EPA authorized
the use of sulfoxaflor on a maximum of time-limited tolerance in connection
tolerance in connection with this action with this action has been established in
has been established in 40 CFR 2,850,000 acres of sorghum (grain and
forage) to control sugarcane aphid. A 40 CFR 180.679(b). Effective June 12,
180.442(b). Effective April 20, 2017 to 2017 to November 15, 2017.
October 15, 2017. time-limited tolerance in connection
with this action has been established in Missouri
EPA authorized the use of dinotefuran 40 CFR 180.668(b). Effective April 9,
on a maximum of 415 acres of pome and 2017 to November 30, 2017. Department of Agriculture
stone fruit to control the brown Specific exemptions: EPA authorized
marmorated stink bug. A time-limited Kentucky
the use of sulfoxaflor on a maximum of
tolerance in connection with this action Department of Agriculture 85,000 acres of sorghum (grain and
has been established in 40 CFR Specific exemption: EPA authorized forage) to control sugarcane aphid. A
180.603(b). Effective May 22, 2017 to the use of flupyradifurone on a time-limited tolerance in connection
October 15, 2017. maximum of 1,500 acres of sweet with this action has been established in
sorghum (forage and syrup) to control 40 CFR 180.668(b). April 20, 2017 to
Florida
sugarcane aphid. A time-limited November 30, 2017.
Department of Agriculture and tolerance in connection with this action EPA authorized the use of sulfoxaflor
Consumer Services has been established in 40 CFR on a maximum of 241,500 acres of
180.679(b). Effective June 12, 2017 to cotton to control tarnished plant bug
Quarantine exemption: EPA (Lygus lineolaris). A permanent
November 15, 2017.
authorized the use of propiconazole on tolerance in connection with an earlier
a maximum of 7,500 acres of avocado Maryland registration action has been established
trees to control Laurel wilt (Raffaelea Department of Agriculture in 40 CFR 180.668(a). Effective June 1,
lauricola). A time-limited tolerance in 2017 to October 31, 2017.
connection with this action has been Specific exemptions: EPA authorized
established in 40 CFR 180.434(b). the use of bifenthrin on a maximum of New Mexico
3,570 acres of apples, pears, and
Effective April 3, 2017 to April 3, 2020. Department of Agriculture
nectarines, to control the brown
Public health exemptions: EPA marmorated stink bug. A time-limited Specific exemption: EPA authorized
daltland on DSKBBV9HB2PROD with NOTICES

authorized use of pyriproxyfen (a tolerance in connection with this action the use of sulfoxaflor on a maximum of
larvicide) and Beauveria bassiana (a has been established in 40 CFR 140,000 acres of sorghum (grain and
fungus pathogenic to adult insects) to 180.442(b). Effective April 20, 2017 to forage) to control sugarcane aphid. A
help control Aedes species of October 15, 2017. time-limited tolerance in connection
mosquitoes, vectors of the zika virus, in EPA authorized the use of dinotefuran with this action has been established in
Florida. Effective June 15, 2017 to June on a maximum of 3,730 acres of pome 40 CFR 180.668(b). May 5, 2017 to
15, 2018. and stone fruit to control the brown November 30, 2017.

VerDate Sep<11>2014 18:35 Nov 29, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1
Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Notices 56823

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

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56824 Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Notices

2017, effective July 13, 2017 to July 13, I. General Information review the adequacy of the standards for
2018. determining which manufacturers and
A. Does this action apply to me?
processors qualify as small
Centers for Disease Control and You may be potentially affected by manufacturers and processors for
Prevention this action if you manufacture or purposes of TSCA sections 8(a)(1) and
Public health exemptions: EPA process chemical substances or 8(a)(3). (Note that under TSCA section
authorized use of pyriproxyfen (a mixtures. The following list of North 3(9), manufacture includes import.)
larvicide) and Beauveria bassiana (a American Industrial Classification TSCA furthermore requires that (after
fungus pathogenic to adult insects) to System (NAICS) codes is not intended consulting with the Small Business
help control Aedes species of to be exhaustive, but rather provides a Administration and providing public
mosquitoes, vectors of the zika virus, in guide to help readers determine whether notice and an opportunity for comment)
Puerto Rico. Effective May 12, 2017 to this document applies to them. EPA determine whether revision of the
May 12, 2018. Potentially affected entities may standards is warranted. For the reasons
include: described below, EPA determines that
Authority: 7 U.S.C. 136 et seq. • Basic Chemical Manufacturers revision of the standards is warranted.
Dated: October 18, 2017. (NAICS code 3251); In the 1980s, EPA issued standards
Michael Goodis, • Resin, Synthetic Rubber, and that are used in identifying which
Director, Registration Division, Office of
Artificial Synthetic Fibers and Filament businesses qualify as small
Pesticide Programs. Manufacturers (NAICS code 3252); manufacturers and processors for
• Pesticide, Fertilizer, and Other purposes of the reporting and
[FR Doc. 2017–25831 Filed 11–29–17; 8:45 am]
Agricultural Chemical Manufacturers recordkeeping rules issued under TSCA
BILLING CODE 6560–50–P
(NAICS code 3253); section 8(a). Under TSCA section
• Paint, Coating, and Adhesive 8(a)(1), small manufacturers and
Manufacturers (NAICS code 3255); processors are generally exempt from
ENVIRONMENTAL PROTECTION
• Other Chemical Product and section 8(a) reporting requirements,
AGENCY
Preparation Manufacturers (NAICS code except in limited cases set forth in
3259); and TSCA section 8(a)(3).
[EPA–HQ–OPPT–2016–0675; FRL–9968–41] • Petroleum Refineries (NAICS code In 1982, EPA finalized standards for
32411). determining which manufacturers of a
TSCA Reporting and Recordkeeping
Requirements; Standards for Small B. How can I get copies of this document reportable chemical substance qualify as
and other related information? small manufacturers for purposes of the
Manufacturers and Processors; Final section 8(a) Preliminary Assessment
Determination The docket for this action, identified Information Reporting (PAIR) rules,
by docket identification (ID) number codified in 40 CFR part 712, subpart B.
AGENCY: Environmental Protection EPA–HQ–OPPT–2016–0675, is available The small manufacturer standard for
Agency (EPA). at http://www.regulations.gov or at the PAIR rules is found at 40 CFR 712.25(c).
ACTION: Notice. Office of Pollution Prevention and In 1988, EPA established general
Toxics Docket (OPPT Docket), small manufacturer standards for use in
SUMMARY: On December 15, 2016, EPA Environmental Protection Agency other rules issued under TSCA section
issued a notice in the Federal Register Docket Center (EPA/DC), West William 8(a) (40 CFR 704.3). For example, these
requesting public comment on whether Jefferson Clinton Bldg., Rm. 3334, 1301 are the standards that now apply to the
revision to the current size standards for Constitution Ave. NW., Washington, Chemical Data Reporting (CDR) rule (40
small manufacturers and processors, DC. The Public Reading Room is open CFR part 711). The general standards are
which are used in connection with from 8:30 a.m. to 4:30 p.m., Monday somewhat different from the earlier
reporting regulations under the Toxic through Friday, excluding legal standards that are codified for use in the
Substances Control Act (TSCA) section holidays. The telephone number for the PAIR rules. The general small
8(a), is warranted. This document Public Reading Room is (202) 566–1744, manufacturer standards are as follows:
describes EPA’s final determination that and the telephone number for the OPPT Small manufacturer or importer
revision to the current size standards is Docket is (202) 566–0280. Please review means a manufacturer or importer that
warranted. the visitor instructions and additional meets either of the following standards:
information about the docket available 1. First standard. A manufacturer or
FOR FURTHER INFORMATION CONTACT: For at http://www.epa.gov/dockets. importer of a substance is small if its
technical information contact: Lynne total annual sales, when combined with
Blake-Hedges, Chemistry, Economics, II. What action is the agency taking? those of its parent company (if any), are
and Sustainable Strategies Division On June 22, 2016, President Obama less than $40 million. However, if the
(7406M), Office of Pollution Prevention signed into law the Frank R. Lautenberg annual production or importation
and Toxics, Environmental Protection Chemical Safety for the 21st Century volume of a particular substance at any
Agency, 1200 Pennsylvania Ave. NW., Act which amends the Toxic Substance individual site owned or controlled by
Washington, DC 20460–0001; telephone Control Act (TSCA), the nation’s the manufacturer or importer is greater
number: (202) 564–8807; email address: primary chemicals management law. A than 45,400 kilograms (100,000
blake-hedges.lynne@epa.gov. summary of the new law is available at pounds), the manufacturer or importer
For general information contact: The https://www.epa.gov/assessing-and- shall not qualify as small for purposes
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TSCA-Hotline, ABVI-Goodwill, 422 managing-chemicals-under-tsca/frank-r- of reporting on the production or
South Clinton Ave., Rochester, NY lautenberg-chemical-safety-21st- importation of that substance at that
14620; telephone number: (202) 554– century-act. This particular action site, unless the manufacturer or
1404; email address: TSCA-Hotline@ involves revised TSCA section importer qualifies as small under
epa.gov. 8(a)(3)(C), which requires EPA, after standard (2) of this definition.
consultation with the Administrator of 2. Second standard. A manufacturer
SUPPLEMENTARY INFORMATION: the Small Business Administration, to or importer of a substance is small if its

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Document Created: 2017-11-30 00:35:13
Document Modified: 2017-11-30 00:35:13
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 L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation		82 FR 56821