84 FR 20121 - Dinotefuran; Receipt of Application for Emergency Exemptions, Solicitation of Public Comment

EPA has received specific exemption requests from the Virginia Department of Agriculture and Consumer Services (VDACS) to use the insecticide dinotefuran (CAS No. 165252-70-0) to treat up to 29,000 acres of pome fruits and stone fruits to control the brown marmorated stinkbug. The applicant proposes uses which are supported by the Interregional Research Project Number 4 (IR-4) and have been requested in 5 or more previous years, and petitions for tolerances have not yet been submitted to the Agency. Therefore, EPA is soliciting public comment before making the decision whether to grant the exemptions.

[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20121-20122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-09379]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0192; FRL-9992-45]


Dinotefuran; Receipt of Application for Emergency Exemptions, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received specific exemption requests from the Virginia 
Department of Agriculture and Consumer Services (VDACS) to use the 
insecticide dinotefuran (CAS No. 165252-70-0) to treat up to 29,000 
acres of pome fruits and stone fruits to control the brown marmorated 
stinkbug. The applicant proposes uses which are supported by the 
Interregional Research Project Number 4 (IR-4) and have been requested 
in 5 or more previous years, and petitions for tolerances have not yet 
been submitted to the Agency. Therefore, EPA is soliciting public 
comment before making the decision whether to grant the exemptions.

DATES: Comments must be received on or before May 23, 2019.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2019-0192, by one of the following methods:
     Federal eRulemaking Portal: 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.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

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).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.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/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the EPA Administrator determines that emergency 
conditions exist which require the exemption. The VDACS has requested 
the EPA Administrator to issue specific exemptions for the use of 
dinotefuran on pome fruits and stone fruits to control the brown 
marmorated stinkbug. Information in accordance with 40 CFR part 166 was 
submitted as part of the requests. In addition to VDACS, several other 
states have previously requested specific exemptions for the same uses 
and are expected to submit similar requests.
    As part of the requests, the applicant asserts that the rapid 
spread of large outbreaks of the brown marmorated stinkbug (a recent 
invasive species) resulted in an urgent and non-routine

[[Page 20122]]

pest control situation that is expected to cause significant economic 
losses without the requested uses. The Applicant proposes to make no 
more than two applications at a rate of 0.203 to 0.304 lb. (maximum 
total of 0.608 lb.) of dinotefuran per acre, on up to 29,000 acres of 
pome fruits and stone fruit grown in Virginia from May 1 to October 15, 
2019. A total of 17,632 lbs. of dinotefuran could be used (maximum 
acreage at highest rate).
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 at 40 
CFR 166.24(a)(7), require publication of a notice of receipt of an 
application for a specific exemption proposing a use which is supported 
by the Interregional Research Project Number 4 (IR-4) and has been 
requested in 5 or more previous years, and a petition for tolerance has 
not yet been submitted to the Agency. The notice provides an 
opportunity for public comment on the application. The Agency will 
review and consider all comments received during the comment period in 
determining whether to issue the specific exemptions requested by the 
VDACS.

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

    Dated: May 1, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2019-09379 Filed 5-7-19; 8:45 am]
 BILLING CODE 6560-50-P