81 FR 28069 - Sulfoxaflor; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range		28069-28069
FR Document		2016-10845

EPA has received a specific exemption request from the Idaho State Department of Agriculture to use the pesticide sulfoxaflor (CAS No. 946578-00-3) to treat up to 12,000 acres of alfalfa grown for seed to control lygus bugs. The applicants propose a use of a pesticide, sulfoxaflor, which is now considered to be unregistered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) owing to the vacature of sulfoxaflor registrations by the United States District court for the Central District of California. In accordance with 40 CFR 166.24(a)(7), EPA is soliciting public comment before making the decision whether or not to grant the exemption.

Federal Register, Volume 81 Issue 89 (Monday, May 9, 2016)

[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Page 28069]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10845]



[[Page 28069]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0188; FRL-9945-83]


Sulfoxaflor; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the Idaho 
State Department of Agriculture to use the pesticide sulfoxaflor (CAS 
No. 946578-00-3) to treat up to 12,000 acres of alfalfa grown for seed 
to control lygus bugs. The applicants propose a use of a pesticide, 
sulfoxaflor, which is now considered to be unregistered under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) owing to 
the vacature of sulfoxaflor registrations by the United States District 
court for the Central District of California. In accordance with 40 CFR 
166.24(a)(7), EPA is soliciting public comment before making the 
decision whether or not to grant the exemption.

DATES: Comments must be received on or before May 24, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0188, by one of the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, 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 http://www.epa.gov/dockets/comments.html.
    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 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 Idaho State 
Department of Agriculture has requested the EPA Administrator to issue 
a specific, exemption for the use of sulfoxaflor on alfalfa grown for 
seed to control lygus bugs. Information in accordance with 40 CFR part 
166 was submitted as part of this request.
    The Applicant proposes to make no more than two applications per 
year of Transform WG, 0.047 to 0.086 pounds of active ingredient per 
application. 12,000 total acres of alfalfa grown for seed are requested 
to be treated. Ground applications must be made in a minimum of 15 
gallons of water per acre. The use season is May 30, 2016 through 
August 31, 2016. The chemical is requested to be used in the State of 
Idaho within the counties of Ada, Canyon, Cassia, Franklin, Jerome, 
Oneida, Owyhee, Payette, and Twin Falls.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing a use of a pesticide that has been subject to a 
judicial vacature, however, EPA considers public notice appropriate in 
this instance. Accordingly, 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 
exemption requested by the Idaho State Department of Agriculture.

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

    Dated: April 28, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-10845 Filed 5-6-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28069

ENVIRONMENTAL PROTECTION I. General Information II. What action is the agency taking?
AGENCY A. Does this action apply to me? Under section 18 of the FIFRA (7
[EPA–HQ–OPP–2016–0188; FRL–9945–83] U.S.C. 136p), at the discretion of the
You may be potentially affected by EPA Administrator, a Federal or State
this action if you are an agricultural agency may be exempted from any
Sulfoxaflor; Receipt of Application for
producer, food manufacturer, or provision of FIFRA if the EPA
Emergency Exemption, Solicitation of
pesticide manufacturer. The following Administrator determines that
Public Comment
list of North American Industrial emergency conditions exist which
AGENCY: Environmental Protection Classification System (NAICS) codes is require the exemption. The Idaho State
Agency (EPA). not intended to be exhaustive, but rather Department of Agriculture has requested
ACTION: Notice. provides a guide to help readers the EPA Administrator to issue a
determine whether this document specific, exemption for the use of
SUMMARY: EPA has received a specific applies to them. Potentially affected sulfoxaflor on alfalfa grown for seed to
exemption request from the Idaho State entities may include: control lygus bugs. Information in
Department of Agriculture to use the • Crop production (NAICS code 111). accordance with 40 CFR part 166 was
pesticide sulfoxaflor (CAS No. 946578– • Animal production (NAICS code submitted as part of this request.
00–3) to treat up to 12,000 acres of 112). The Applicant proposes to make no
alfalfa grown for seed to control lygus • Food manufacturing (NAICS code more than two applications per year of
bugs. The applicants propose a use of a 311). Transform WG, 0.047 to 0.086 pounds of
pesticide, sulfoxaflor, which is now • Pesticide manufacturing (NAICS active ingredient per application. 12,000
considered to be unregistered under the code 32532). total acres of alfalfa grown for seed are
Federal Insecticide, Fungicide, and requested to be treated. Ground
Rodenticide Act (FIFRA) owing to the B. What should I consider as I prepare applications must be made in a
vacature of sulfoxaflor registrations by my comments for EPA? minimum of 15 gallons of water per
the United States District court for the 1. Submitting CBI. Do not submit this acre. The use season is May 30, 2016
Central District of California. In information to EPA through through August 31, 2016. The chemical
accordance with 40 CFR 166.24(a)(7), www.regulations.gov or email. Clearly is requested to be used in the State of
EPA is soliciting public comment before mark the part or all of the information Idaho within the counties of Ada,
making the decision whether or not to that you claim to be CBI. For CBI Canyon, Cassia, Franklin, Jerome,
grant the exemption. information in a disk or CD–ROM that Oneida, Owyhee, Payette, and Twin
DATES: Comments must be received on you mail to EPA, mark the outside of the Falls.
or before May 24, 2016. disk or CD–ROM as CBI and then This notice does not constitute a
identify electronically within the disk or decision by EPA on the application
ADDRESSES: Submit your comments,
CD–ROM the specific information that itself. The regulations governing FIFRA
identified by docket identification (ID) section 18 require publication of a
number EPA–HQ–OPP–2016–0188, by is claimed as CBI. In addition to one
complete version of the comment that notice of receipt of an application for a
one of the following methods: specific exemption proposing a use of a
• Federal eRulemaking Portal: http:// includes information claimed as CBI, a
copy of the comment that does not pesticide that has been subject to a
www.regulations.gov. Follow the online judicial vacature, however, EPA
instructions for submitting comments. contain the information claimed as CBI
must be submitted for inclusion in the considers public notice appropriate in
Do not submit electronically any this instance. Accordingly, the notice
information you consider to be public docket. Information so marked
will not be disclosed except in provides an opportunity for public
Confidential Business Information (CBI) comment on the application.
or other information whose disclosure is accordance with procedures set forth in
40 CFR part 2. The Agency, will review and consider
restricted by statute. all comments received during the
• Mail: OPP Docket, Environmental 2. Tips for preparing your comments.
comment period in determining
Protection Agency Docket Center (EPA/ When preparing and submitting your
whether to issue the specific exemption
DC), (28221T), 1200 Pennsylvania Ave. comments, see the commenting tips at
requested by the Idaho State Department
NW., Washington, DC 20460–0001. http://www.epa.gov/dockets/
of Agriculture.
• Hand Delivery: To make special comments.html.
3. Environmental justice. EPA seeks to Authority: 7 U.S.C. 136 et seq.
arrangements for hand delivery or
delivery of boxed information, please achieve environmental justice, the fair Dated: April 28, 2016.
follow the instructions at http:// treatment and meaningful involvement Daniel J. Rosenblatt,
www.epa.gov/dockets/contacts.html. of any group, including minority and/or Acting Director, Registration Division, Office
Additional instructions on commenting low income populations, in the of Pesticide Programs.
or visiting the docket, along with more development, implementation, and [FR Doc. 2016–10845 Filed 5–6–16; 8:45 am]
information about dockets generally, is enforcement of environmental laws, BILLING CODE 6560–50–P
available at http://www.epa.gov/ regulations, and policies. To help
dockets. address potential environmental justice
issues, the Agency seeks information on FEDERAL COMMUNICATIONS
FOR FURTHER INFORMATION CONTACT: any groups or segments of the COMMISSION
Susan Lewis, Registration Division population who, as a result of their
mstockstill on DSK3G9T082PROD with NOTICES

(7505P), Office of Pesticide Programs, location, cultural practices, or other [OMB 3060–0799]
Environmental Protection Agency, 1200 factors, may have atypical or
Pennsylvania Ave. NW., Washington, Information Collection Being Reviewed
disproportionately high and adverse
DC 20460–0001; main telephone by the Federal Communications
human health impacts or environmental
number: (703) 305–7090; email address: Commission
effects from exposure to the pesticide
RDFRNotices@epa.gov. discussed in this document, compared AGENCY:Federal Communications
SUPPLEMENTARY INFORMATION: to the general population. Commission.

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Document Created: 2018-02-07 14:49:57
Document Modified: 2018-02-07 14:49:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be received on or before May 24, 2016.
Contact		Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation		81 FR 28069