Notice2023-18879
Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 31, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
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[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Pages 60206-60207]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18879]
[[Page 60206]]
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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.
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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, 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:
<a href="/cdn-cgi/l/email-protection#792b3d3f2b37160d101a1c0a391c0918571e160f"><span class="__cf_email__" data-cfemail="acfee8eafee2c3d8c5cfc9dfecc9dccd82cbc3da">[email protected]</span></a>.
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:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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.
[[Page 60207]]
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
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</html>Indexed from Federal Register on August 31, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.