Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
| Court | Environmental Protection Agency |
| Citation | 88 FR 60206 |
| Published date | 31 August 2023 |
| Record Number | 2023-18879 |
| Section | Notices |
60206
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2023–0015; FRL–11225–01–
OCSPP]
Pesticide Emergency Exemptions;
Agency Decisions and State and
Federal Agency Crisis Declarations
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice.
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, 2023, to June
30, 2023, to control unforeseen pest
outbreaks.
FOR FURTHER INFORMATION CONTACT
:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
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–2023–0015, is available
at https://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 and the OPP
Docket is (202) 566–1744. Please review
the visitor instructions and additional
information about the docket available
at https://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
U.S. States and Territories
Arizona
Department of Agriculture
Specific exemption: EPA authorized
the co-formulated use of thiamethoxam
and lambda-cyhalothrin on a maximum
of 400 acres of guayule to control
palestriped flea beetle. A time-limited
tolerance in connection with this action
was not established since the emergency
use is non-food/feed. The authorization
was effective May 12, 2023.
Colorado
Department of Agriculture
Denial: On May 18, 2023, EPA denied
a specific exemption request for the use
of metamitron to control glyphosate-
resistant Palmer amaranth in sugar
beets. Metamitron is an unregistered
pesticide and EPA has not yet fully
evaluated its potential risks. Therefore,
this request was denied because the
Agency was unable to make the safety
findings for metamitron as mandated by
FIFRA and the Federal Food, Drug, and
Cosmetic Act (FFDCA).Because an
unregistered pesticide was requested, a
Notice of Receipt, with opportunity for
public comment (required by 40 CFR
166.24), published in the Federal
Register on March 10, 2023 (88 FR
15014) (FRL–10772–01–OCSPP). The
public comment period closed on March
27, 2023. No negative comments were
submitted, but a number of comments
were received from stakeholders (e.g.
producers, grower representatives, and
state government entities) in favor of
allowing the use.
Hawaii
Department of Agriculture
Specific exemptions: EPA authorized
the use of Wolbachia pipientis DQB
strain (wAlbB) contained in live adult
male culex quinquefasciatus mosquitoes
on a maximum of 20,000 acres of State,
Federal, and private lands to control
mosquitoes (Cx. quinquefasciatus). The
authorization was effective April 25,
2023.
EPA authorized the co-formulated use
of fluxapyroxad and pyraclostrobin on a
maximum of 8,000 acres of coffee to
control coffee leaf rust. Import
tolerances in connection with prior
registration actions are established in 40
CFR 180.666 for fluxapyroxad and 40
CFR 180.582 for pyraclostrobin and are
sufficient to support this use. The
authorization was effective May 18,
2023.
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60207
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Notices
Michigan
Department of Agriculture and Rural
Development
Specific Exemption: EPA authorized
the use of acifluorfen on a maximum of
48,000 acres of sugar beets for
postemergence control of invasive
amaranthus (pigweed) spp., waterhemp,
and palmer amaranth. Time-limited
tolerances in connection with a
previous action support this emergency
use and are established in 40 CFR
180.383(b). The authorization was
effective May 4, 2023
Minnesota
Department of Agriculture
Specific exemption: EPA authorized
the use of acifluorfen on a maximum of
65,000 acres of sugar beets for
postemergence control of glyphosate-
resistant waterhemp. Time-limited
tolerances in connection with a
previous action support this emergency
use and are established in 40 CFR
180.383(b). The authorization was
effective May 4, 2023.
Nebraska
Department of Agriculture
Denial: On May 18, 2023, EPA denied
a specific exemption request for the use
of metamitron to control glyphosate-
resistant Palmer amaranth in sugar
beets. Metamitron is an unregistered
pesticide and EPA has not yet fully
evaluated its potential risks. Therefore,
the request was denied because the
Agency was unable to make the safety
findings for metamitron as mandated by
FIFRA and the Federal Food, Drug, and
Cosmetic Act (FFDCA). Because an
unregistered pesticide was requested, a
Notice of Receipt, with opportunity for
public comment (required by 40 CFR
166.24), published in the Federal
Register on March 10, 2023 (88 FR
15014) (FRL–10772–01–OCSPP). The
public comment period closed on March
27, 2023. No negative comments were
submitted, but a number of comments
were received from stakeholders (e.g.,
producers, grower representatives, and
state government entities) in favor of
allowing the use.
North Dakota
Department of Agriculture
Specific exemption: EPA authorized
the use of acifluorfen on a maximum of
20,000 acres of sugar beets for
postemergence control of glyphosate
resistant waterhemp. Time-limited
tolerances in connection with a
previous action support this emergency
use and are established in 40 CFR
180.383(b). The authorization was
effective May 4, 2023.
Authority: 7 U.S.C. 136 et seq.
Dated: August 24, 2023.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2023–18879 Filed 8–30–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2023–0075; FRL–11150–01–
OCSPP]
Notice of Receipt of Requests To
Voluntarily Cancel Certain Pesticide
Registrations
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice.
SUMMARY
: In accordance with the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing
a notice of receipt of requests by
registrants to voluntarily cancel certain
pesticide registrations. EPA intends to
grant these requests at the close of the
comment period for this announcement
unless the Agency receives substantive
comments within the comment period
that would merit its further review of
the requests, or unless the registrants
withdraw its requests. If these requests
are granted, any sale, distribution, or
use of products listed in this notice will
be permitted after the registrations have
been cancelled only if such sale,
distribution, or use is consistent with
the terms as described in the final order.
DATES
: Comments must be received on
or before October 2, 2023.
ADDRESSES
: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2023–0075,
through the Federal eRulemaking Portal
at https://www.regulations.gov. Follow
the online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Additional
instructions on commenting and visiting
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT
:
Christopher Green, Registration Division
(7505T), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–2707; email address:
green.christopher@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general and may be of interest to a
wide range of stakeholders including
environmental, human health, and
agricultural advocates; the chemical
industry; pesticide users; and members
of the public interested in the sale,
distribution, or use of pesticides.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. What action is the Agency taking?
This notice announces receipt by the
Agency of requests from registrants to
cancel certain pesticide products
registered under FIFRA section 3 (7
U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)).
These registrations are listed in
sequence by registration number (or
company number and 24(c) number) in
Table 1 of this unit.
Unless the Agency determines that
there are substantive comments that
warrant further review of the requests or
the registrants withdraw their requests,
EPA intends to issue an order in the
Federal Register canceling all of the
affected registrations.
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