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 glyphosateresistant 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Notices 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 glyphosateresistant 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 glyphosateresistant 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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