81_FR_47309 81 FR 47170 - Sulfoxaflor; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

81 FR 47170 - Sulfoxaflor; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47170-47171
FR Document2016-17162

EPA has received a specific exemption request from the New Mexico Department of Agriculture to use the insecticide sulfoxaflor (CAS No. 946578-00-3) on pecans to control the black pecan aphid. The applicant proposes a use of a pesticide, sulfoxaflor, which is now considered to be unregistered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) because of the vacature of all 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 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Notices]
[Pages 47170-47171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17162]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0379; FRL-9948-76]


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 New 
Mexico Department of Agriculture to use the insecticide sulfoxaflor 
(CAS No. 946578-00-3) on pecans to control the black pecan aphid. The 
applicant proposes a use of a pesticide, sulfoxaflor, which is now 
considered to be unregistered under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) because of the vacature of all 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 August 4, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0379, 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 pesticides 
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 New Mexico Department 
of Agriculture has requested the EPA Administrator to issue a specific 
exemption for the use of sulfoxaflor to be applied to pecan orchards to 
control black pecan aphid. Information in accordance with 40 CFR part 
166 was submitted as part of this request. The applicant's submission, 
which provides an explanation of the emergency situation as well as the 
proposed use pattern, can be found at http://www.regulations.gov in the 
following document ``2016 FIFRA Section 18 Emergency Exemption for Use 
of Closer[supreg] SC Insecticide on Pecans in New Mexico.''
    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. Further, this 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 emergency exemption requested by the New Mexico 
Department of Agriculture.

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


[[Page 47171]]


    Dated: July 12, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-17162 Filed 7-19-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  47170                        Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices

                                                  385.214) on or before 5:00 p.m. Eastern                    • Hand Delivery: To make special                       3. Environmental justice. EPA seeks to
                                                  time on the specified comment date.                      arrangements for hand delivery or                     achieve environmental justice, the fair
                                                  Protests may be considered, but                          delivery of boxed information, please                 treatment and meaningful involvement
                                                  intervention is necessary to become a                    follow the instructions at http://                    of any group, including minority and/or
                                                  party to the proceeding.                                 www.epa.gov/dockets/contacts.html.                    low income populations, in the
                                                     eFiling is encouraged. More detailed                  Additional instructions on commenting                 development, implementation, and
                                                  information relating to filing                           or visiting the docket, along with more               enforcement of environmental laws,
                                                  requirements, interventions, protests,                   information about dockets generally, is               regulations, and policies. To help
                                                  service, and qualifying facilities filings               available at http://www.epa.gov/                      address potential environmental justice
                                                  can be found at: http://www.ferc.gov/                    dockets.                                              issues, the Agency seeks information on
                                                  docs-filing/efiling/filing-req.pdf. For                  FOR FURTHER INFORMATION CONTACT:                      any groups or segments of the
                                                  other information, call (866) 208–3676                   Susan Lewis, Registration Division                    population who, as a result of their
                                                  (toll free). For TTY, call (202) 502–8659.               (7505P), Office of Pesticide Programs,                location, cultural practices, or other
                                                    Dated: July 13, 2016.                                  Environmental Protection Agency, 1200                 factors, may have atypical or
                                                  Nathaniel J. Davis, Sr.,                                 Pennsylvania Ave. NW., Washington,                    disproportionately high and adverse
                                                  Deputy Secretary.                                        DC 20460–0001; main telephone                         human health impacts or environmental
                                                  [FR Doc. 2016–17103 Filed 7–19–16; 8:45 am]              number: (703) 305–7090; email address:                effects from exposure to the pesticides
                                                  BILLING CODE 6717–01–P                                   RDFRNotices@epa.gov.                                  discussed in this document, compared
                                                                                                           SUPPLEMENTARY INFORMATION:                            to the general population.
                                                                                                           I. General Information                                II. What action is the agency taking?
                                                  ENVIRONMENTAL PROTECTION
                                                  AGENCY                                                   A. Does this action apply to me?
                                                                                                                                                                    Under section 18 of the Federal
                                                  [EPA–HQ–OPP–2016–0379; FRL–9948–76]                         You may be potentially affected by                 Insecticide, Fungicide, and Rodenticide
                                                                                                           this action if you are an agricultural                Act (FIFRA) (7 U.S.C. 136p), at the
                                                  Sulfoxaflor; Receipt of Application for                  producer, food manufacturer, or                       discretion of the EPA Administrator, a
                                                  Emergency Exemption, Solicitation of                     pesticide manufacturer. The following                 federal or state agency may be exempted
                                                  Public Comment                                           list of North American Industrial
                                                                                                                                                                 from any provision of FIFRA if the EPA
                                                                                                           Classification System (NAICS) codes is
                                                  AGENCY: Environmental Protection                                                                               Administrator determines that
                                                                                                           not intended to be exhaustive, but rather
                                                  Agency (EPA).                                                                                                  emergency conditions exist which
                                                                                                           provides a guide to help readers
                                                  ACTION: Notice.                                          determine whether this document                       require the exemption. The New Mexico
                                                                                                           applies to them. Potentially affected                 Department of Agriculture has requested
                                                  SUMMARY:   EPA has received a specific                                                                         the EPA Administrator to issue a
                                                  exemption request from the New                           entities may include:
                                                  Mexico Department of Agriculture to                         • Crop production (NAICS code 111).                specific exemption for the use of
                                                                                                              • Animal production (NAICS code                    sulfoxaflor to be applied to pecan
                                                  use the insecticide sulfoxaflor (CAS No.                                                                       orchards to control black pecan aphid.
                                                                                                           112).
                                                  946578–00–3) on pecans to control the                       • Food manufacturing (NAICS code                   Information in accordance with 40 CFR
                                                  black pecan aphid. The applicant                         311).                                                 part 166 was submitted as part of this
                                                  proposes a use of a pesticide,                              • Pesticide manufacturing (NAICS
                                                  sulfoxaflor, which is now considered to                                                                        request. The applicant’s submission,
                                                                                                           code 32532).                                          which provides an explanation of the
                                                  be unregistered under the Federal
                                                  Insecticide, Fungicide, and Rodenticide                  B. What should I consider as I prepare                emergency situation as well as the
                                                  Act (FIFRA) because of the vacature of                   my comments for EPA?                                  proposed use pattern, can be found at
                                                  all sulfoxaflor registrations by the                        1. Submitting CBI. Do not submit this              http://www.regulations.gov in the
                                                  United States District Court for the                     information to EPA through                            following document ‘‘2016 FIFRA
                                                  Central District of California. In                       www.regulations.gov or email. Clearly                 Section 18 Emergency Exemption for
                                                  accordance with 40 CFR 166.24(a)(7),                     mark the part or all of the information               Use of Closer® SC Insecticide on Pecans
                                                  EPA is soliciting public comment before                  that you claim to be CBI. For CBI                     in New Mexico.’’
                                                  making the decision whether or not to                    information in a disk or CD–ROM that                     This notice does not constitute a
                                                  grant the exemption.                                     you mail to EPA, mark the outside of the              decision by EPA on the application
                                                  DATES: Comments must be received on                      disk or CD–ROM as CBI and then                        itself. The regulations governing FIFRA
                                                  or before August 4, 2016.                                identify electronically within the disk or            section 18 require publication of a
                                                  ADDRESSES: Submit your comments,                         CD–ROM the specific information that                  notice of receipt of an application for a
                                                  identified by docket identification (ID)                 is claimed as CBI. In addition to one                 specific exemption proposing a use of a
                                                  number EPA–HQ–OPP–2016–0379, by                          complete version of the comment that                  pesticide that has been subject to a
                                                  one of the following methods:                            includes information claimed as CBI, a                judicial vacature. Further, this notice
                                                     • Federal eRulemaking Portal: http://                 copy of the comment that does not                     provides an opportunity for public
                                                  www.regulations.gov. Follow the online                   contain the information claimed as CBI                comment on the application. The
                                                  instructions for submitting comments.                    must be submitted for inclusion in the                Agency, will review and consider all
                                                  Do not submit electronically any                         public docket. Information so marked
                                                                                                                                                                 comments received during the comment
                                                  information you consider to be                           will not be disclosed except in
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                                                                                                                                                                 period in determining whether to issue
                                                  Confidential Business Information (CBI)                  accordance with procedures set forth in
                                                                                                           40 CFR part 2.                                        the specific emergency exemption
                                                  or other information whose disclosure is
                                                  restricted by statute.                                      2. Tips for preparing your comments.               requested by the New Mexico
                                                     • Mail: OPP Docket, Environmental                     When preparing and submitting your                    Department of Agriculture.
                                                  Protection Agency Docket Center (EPA/                    comments, see the commenting tips at                    Authority: 7 U.S.C. 136 et seq.
                                                  DC), (28221T), 1200 Pennsylvania Ave.                    http://www.epa.gov/dockets/
                                                  NW., Washington, DC 20460–0001.                          comments.html.


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                                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices                                           47171

                                                     Dated: July 12, 2016.                                   Parties: CMA CGM, S.A. and ANL                      FEDERAL MARITIME COMMISSION
                                                  Daniel J. Rosenblatt,                                    Singapore Pte Ltd. (acting as a single
                                                                                                                                                                 [Docket No. 16–15]
                                                  Acting Director, Registration Division, Office           party); Hamburg-Süd KG; and MSC
                                                  of Pesticide Programs.                                   Mediterranean Shipping Company S.A.                   World Imports, Ltd., World Imports
                                                  [FR Doc. 2016–17162 Filed 7–19–16; 8:45 am]                                                                    Chicago, LLC, and World Imports
                                                                                                             Filing Party: Wayne R. Rohde, Esq.;
                                                  BILLING CODE 6560–50–P
                                                                                                           Cozen O’Connor LLP; 1200 Nineteenth                   South, LLC v. OEC Group New York;
                                                                                                           St. NW.; Washington, DC 20036.                        Notice of Filing of Complaint and
                                                                                                                                                                 Assignment
                                                  FEDERAL COMMUNICATIONS                                     Synopsis: The amendment would
                                                  COMMISSION                                               delete Hapag-Lloyd AG as a party to the                  Notice is given that a complaint has
                                                                                                           Agreement, remove an outdated                         been filed with the Federal Maritime
                                                  Deletion of Items From Sunshine Act                      reference to a former member from                     Commission (Commission) by World
                                                  Meeting                                                  Appendix A, and revise Appendix B to                  Imports, Ltd., World Imports Chicago,
                                                                                                           the Agreement.                                        LLC, and World Imports South, LLC
                                                  July 14, 2016.                                                                                                 (collectively ‘‘World Imports’’),
                                                    The following consent agenda has                         Agreement No.: 012067–016.                          hereinafter ‘‘Complainants,’’ against
                                                  been deleted from the list of items                        Title: U.S. Supplemental Agreement                  OEC Group New York (‘‘OEC’’),
                                                  scheduled for consideration at the                       to HLC Agreement.                                     hereinafter ‘‘Respondent.’’
                                                  Thursday, July 14, 2016, Open Meeting                                                                          Complainants state that they are
                                                  and previously listed in the                               Parties: BBC Chartering Carriers
                                                                                                                                                                 corporations ‘‘formerly engaged in the
                                                  Commission’s Notice of July 7, 2016.                     GmbH & Co. KG and BBC Chartering &                    business of buying furniture wholesale
                                                  The consent agenda has been adopted                      Logistic GmbH & Co. KG, as a single                   and selling it to retail distributors.’’
                                                  by the Commission.                                       member; Chipolbrok (Chinese-Polish                    Complainant alleges that Respondent is
                                                  *    *     *    *     *                                  Joint Stock Shipping Company); Hanssy                 a New York corporation and a ‘‘freight
                                                                                                           Shipping Pte. Ltd.; Hyundai Merchant                  forwarder/logistics provider’’ providing
                                                  Consent Agenda                                           Marine Co., Ltd.; Industrial Maritime                 non-vessel-operating common carrier
                                                    The Commission will consider the                       Carriers, L.L.C.; Nordana Line A/S; and               services.
                                                  following subjects listed below as a                     Rickmers-Linie GmbH & Cie. KG.                           Complainants allege that Respondent
                                                  consent agenda and these items will not                    Filing Party: Wade S. Hooker, Esq.;                 ‘‘was in possession of multiple landed
                                                  be presented individually:                               211 Central Park W.; New York, NY                     shipments of merchandise for delivery’’
                                                    1. General Counsel: Title: William J.                                                                        to Complainants but failed to release
                                                                                                           10024.
                                                  Kirsch Request for Inspection of Records                                                                       those goods on the basis of freight
                                                  (FOIA Control No. 2015–368).                               Synopsis: The amendment would                       charges owed to Respondent for goods
                                                    Summary: The Commission will                           delete Hyundai Merchant Marine and                    Respondent had ‘‘previously delivered
                                                  consider a Memorandum Opinion and                        Nordana Line A/S as parties to the U.S.               and unconditionally released.’’ Further
                                                  Order concerning the application for                     Agreement and the worldwide HLC                       Complainant alleges that Respondent
                                                  review filed by William J. Kirsch                        Agreement, and change the name of                     has ‘‘transmogrified what would have
                                                  regarding a decision of the International                Rickmers-Linie GmbH & Co. KG to NPC                   been an unsecured claim in World
                                                  Bureau’s fee estimate for processing his                 Projects AS/Rickmers-Linie GmbH & Co.                 Imports’ bankruptcy proceedings into a
                                                  Freedom of Information Act (FOIA)                        KG as a party to both Agreements.                     secured maritime lien.’’ Complainant
                                                  request.                                                                                                       alleges that Respondent has violated
                                                                                                             Agreement No.: 012425.                              section 10(d)(1) of the Shipping Act, 46
                                                  Federal Communications Commission.
                                                  Marlene H. Dortch,                                         Title: APL/ANL Space Charter                        U.S.C. 41102(c), which provides that a
                                                  Secretary.                                               Agreement.                                            common carrier ‘‘may not fail to
                                                                                                             Parties: ANL Singapore Pte Ltd.; APL                establish, observe, and enforce just and
                                                  [FR Doc. 2016–17181 Filed 7–18–16; 11:15 am]
                                                                                                           Co. Pte Ltd; and American President                   reasonable regulations and practices
                                                  BILLING CODE 6712–01–P
                                                                                                                                                                 relating to or connected with receiving,
                                                                                                           Lines, Ltd.
                                                                                                                                                                 handling, storing, or delivering
                                                                                                             Filing Party: Draughn B. Arbona, Esq;               property.’’
                                                  FEDERAL MARITIME COMMISSION                              CMA CGM (America) LLC; 5701 Lake                         Complainant requests the following
                                                                                                           Wright Drive, Norfolk, VA 23502.                      relief: ‘‘an order be made commanding
                                                  Notice of Agreements Filed                                                                                     OEC to: (1) Cease and desist from the
                                                                                                             Synopsis: The agreement authorizes
                                                    The Commission hereby gives notice                     APL to charter space to ANL in the trade              aforesaid violations; (2) establish and
                                                  of the filing of the following agreements                between China and Korea on the one                    put in force such practices as the
                                                  under the Shipping Act of 1984.                                                                                Commission determines to be lawful
                                                                                                           hand, and the U.S. East Coast on the
                                                  Interested parties may submit comments                                                                         and reasonable; (3) to pay to World
                                                                                                           other hand.
                                                  on the agreements to the Secretary,                                                                            Imports by way of reparations for the
                                                  Federal Maritime Commission,                               By Order of the Federal Maritime                    unlawful conduct herein described the
                                                  Washington, DC 20573, within twelve                      Commission.                                           sum of $172,075.50, with interest and
                                                  days of the date this notice appears in                    Dated: July 15, 2016.                               attorney’s fees or such other sum as the
                                                  the Federal Register. Copies of the                      Karen V. Gregory,                                     Commission may determine to be
                                                                                                                                                                 proper as an award of reparation; (4) to
mstockstill on DSK3G9T082PROD with NOTICES




                                                  agreements are available through the                     Secretary.
                                                  Commission’s Web site (www.fmc.gov)                                                                            reimburse World Imports any sum it
                                                                                                           [FR Doc. 2016–17079 Filed 7–19–16; 8:45 am]
                                                  or by contacting the Office of                                                                                 may be ordered to pay to OEC as a
                                                                                                           BILLING CODE 6731–AA–P                                secured creditor in World Imports’
                                                  Agreements at (202)–523–5793 or
                                                  tradeanalysis@fmc.gov.                                                                                         bankruptcy case, insofar as such sums
                                                    Agreement No.: 011275–039.                                                                                   reflect charges, fees, or the like
                                                    Title: Australia and New Zealand-                                                                            demanded in violation of Section
                                                  United States Discussion Agreement.                                                                            (10)(d)(1); and (5) that such other and


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Document Created: 2018-02-08 07:57:17
Document Modified: 2018-02-08 07:57:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received on or before August 4, 2016.
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 47170 

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