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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99859-99862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29019]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0007; FRL-12450-01-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 emergency exemptions under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of 
pesticides as listed in this notice. The exemptions were granted during 
the period April 1, 2024, to September 30, 2024, 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: 
[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).

[[Page 99860]]

     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 after FOR 
FURTHER INFORMATION CONTACT.

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-2024-0007, 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: specific, quarantine, public health, or crisis.
    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

American Samoa
Environmental Protection Agency
    Public health exemption: EPA authorized the use of 95,000 units of 
the unregistered product, Guardian, a hanging polyester mesh emanator 
that passively releases TRANSFLUTHRIN in communities to protect 
residents from mosquitoes that may transmit the dengue virus. This 
authorization was effective July 9, 2024, to July 9, 2025.
Arkansas
Department of Agriculture
    Crisis Exemption: EPA concurred upon a crisis exemption declared by 
the Arkansas Department of Agriculture for the use of methoxyfenozide 
on rice to control fall armyworms. The authorization was effective July 
11, 2024.
    Specific Exemption: EPA authorized the use of methoxyfenozide on a 
maximum of 250,000 acres of rice to control fall armyworms. Permanent 
tolerances in connection with a previous action are established in 40 
CFR 180.544 to support this emergency use. The authorization was 
effective September 4, 2024, to September 30, 2024
California
Department of Pesticide Regulation
    Crisis Exemption: EPA concurred upon a crisis exemption declared by 
the California Department of Pesticide Regulation for the use of 
afidopyropen on field-grown strawberries to control lygus bugs. The 
authorization was effective May 20, 2024.
    Specific Exemption: EPA authorized the use of afidopyropen on a 
maximum of 17,000 acres of field-grown strawberries to control lygus 
bugs. A time-limited tolerance supports this emergency use and is 
established in 40 CFR 180.700(b). The authorization was effective June 
13, 2024, to October 31, 2024.
Colorado
Department of Agriculture
    Specific Exemption: On September 12, 2024, EPA denied a specific 
exemption request for use of the unregistered product MAGNET, 
containing the unregistered active ingredients alpha-pinene, anisyl 
alcohol, butyl salicylate, cineole (eucalyptol), and phenylacetaldehyde 
as well as the registered active ingredient d-limonene on up to 1,400 
acres of sweet corn as an insect attractant to manage corn earworm. 
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 June 7, 2024 (89 FR 48610) (FRL-
11998-01-OCSPP). The public comment period closed on June 24, 2024. EPA 
received two comments, one negative comment was submitted anonymously 
concerning potential risk and one from a federal government stakeholder 
supported allowing the use.
Florida
Department of Agriculture and Consumer Services
    Specific Exemption: EPA authorized the use of clothianidin on a 
maximum of 75,000 acres of immature (3 to 5 years old) citrus trees to 
control the Asian citrus psyllid, the vector of huanglongbing (HLB, or 
citrus greening) disease. A time-limited tolerance in connection with 
this action supports this emergency use and is established in 40 CFR 
180.586(b). Because the applicant proposed a use that has been 
requested in 5 or more previous years, a Notice of Receipt, with 
opportunity for public comment in accordance with the requirements at 
40 CFR 166.24(a)(7)(i), published in the Federal Register on December 
29, 2023 (88 FR 80717) FRL-11634-01-OCSPP). The public comment period 
closed on January 16, 2024. Two public comments were received: one from 
a nongovernmental organization that included substantive supporting 
material objected to the use and the other from a federal government 
stakeholder supported the use. EPA posted a document addressing the 
comments in response to the NOR to the docket, as well as EPA's 
evaluations associated with the use, which may be accessed at https://

[[Page 99861]]

www.regulations.gov/docket/EPA-HQ-OPP-2023-0597. The authorization was 
effective April 16, 2024, to April 16, 2025
Hawaii
Department of Agriculture
    Crisis Exemption: EPA concurred upon a crisis exemption declared by 
the Hawaii Department of Agriculture for the use of cypermethrin on the 
crowns of ornamental palm trees to control coconut rhinoceros beetles. 
This authorization was effective November 13, 2023.
    Specific Exemption: EPA authorized the use of the unregistered 
product, DQB Males (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). Because the applicant proposed a use of a new 
chemical, a Notice of Receipt, with opportunity for public comment in 
accordance with the requirements at 40 CFR 166.24(a)(1), published in 
the Federal Register on February 8, 2024 (89 FR 8675) (FRL-11721-01-
OCSPP). The public comment period closed on February 23, 2024. Eighty-
seven public comments were received. EPA posted a document addressing 
the comments in response to the NOR to the docket, as well as EPA's 
evaluations associated with the use, which may be accessed at https://www.regulations.gov/docket/EPA-HQ-OPP-2024-0035. The authorization was 
effective April 25, 2024, to April 25, 2025.
    Quarantine Exemption: EPA authorized the use of cypermethrin on a 
maximum of 10,000 acres of ornamental palm trees, applied on the crowns 
via unmanned aerial vehicles, to control coconut rhinoceros beetles. 
The authorization was effective April 22, 2024, to April 22, 2027.
Louisiana
Department of Agriculture and Forestry
    Crisis Exemption: EPA concurred upon a crisis exemption declared by 
the Louisiana Department of Agriculture and Forestry for the use of 
methoxyfenozide on rice to control fall armyworms. The authorization 
was effective July 16, 2024.
    Specific Exemption: EPA authorized the use of methoxyfenozide on a 
maximum of 40,000 acres of rice to control fall armyworms. Permanent 
tolerances in connection with a previous action are established in 40 
CFR 180.544 to support this emergency use. The authorization was 
effective September 4, 2024, to September 30, 2024.
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., water hemp, 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 1, 2024, to July 31, 2024.
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 water hemp. 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 20, 2024, to 
July 31, 2024.
Mississippi
Department of Agriculture and Commerce
    Crisis Exemption: EPA concurred upon a crisis exemption declared by 
the Mississippi Department of Agriculture and Commerce for the use of 
methoxyfenozide on rice to control fall armyworms. The authorization 
was effective July 11, 2024.
    Specific Exemption: EPA authorized the use of methoxyfenozide on a 
maximum of 60,000 acres of rice to control fall armyworms. Permanent 
tolerances in connection with a previous action are established in 40 
CFR 180.544 to support this emergency use. The authorization was 
effective September 4, 2024, to September 30, 2024.
Missouri
Department of Agriculture
    Crisis Exemption: EPA concurred upon a crisis exemption declared by 
the Missouri Department of Agriculture for the use of methoxyfenozide 
on rice to control fall armyworms. The authorization was effective July 
18, 2024.
    Specific Exemption: EPA authorized the use of methoxyfenozide on a 
maximum of 60,000 acres of rice to control fall armyworms. Permanent 
tolerances in connection with a previous action are established in 40 
CFR 180.544 to support this emergency use. The authorization was 
effective September 4, 2024, to September 30, 2024.
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 water hemp. 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 27, 2024, to 
July 31, 2024.
Puerto Rico
Department of Agriculture
    Public Health Exemption: EPA authorized the use of 750,000 units of 
the unregistered product, Guardian, a hanging polyester mesh emanator 
that passively releases TRANSFLUTHRIN in communities to protect 
residents from mosquitoes that may transmit the dengue virus. This 
authorization was effective June 20, 2024, to June 20, 2025.

B. Federal Departments and Agencies

United States Department of Agriculture
Animal and Plant Health Inspection Service
    Quarantine Exemptions: EPA authorized the use of acetic acid 
(vinegar) on hard nonporous surfaces to control African swine fever 
virus. The authorization was effective June 10, 2024, to June 10, 2027.
    EPA authorized the use of sodium hypochlorite on porous and 
nonporous, nonfood/feed contact surfaces to control foot-and mouth 
disease virus (FMDv), African swine fever virus (ASFv), and classical 
swine fever virus (CSFv). The authorization was effective September 17, 
2024, to September 17, 2027.
    EPA authorized the use of sodium hydroxide on hard, nonporous, 
nonfood/feed contact surfaces to control prions. The authorization was 
effective September 25, 2024, to September 25, 2027.
    EPA authorized the use of sodium hypochlorite on hard, nonporous, 
nonfood/feed contact surfaces to control prions. The authorization was 
effective September 25, 2024, to September 25, 2027.

C. Annual Report of Crisis Exemptions Declared and Revoked

    Seven crisis exemptions were declared, and none were revoked 
between November 6, 2023, to July 18, 2024.

[[Page 99862]]

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

    Dated: December 5, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-29019 Filed 12-10-24; 8:45 am]
BILLING CODE 6560-50-P
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