82 FR 17251 - Dinotefuran; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 67 (April 10, 2017)

Page Range		17251-17252
FR Document		2017-07135

EPA has received specific exemption requests from the West Virginia, Virginia, and Pennsylvania Departments of Agriculture to use the insecticide dinotefuran (CAS No. 165252-70-0) to treat pome and stone fruit orchards to control the brown marmorated stinkbug. The applicants propose a use which is supported by the Interregional Research Project Number 4 (IR-4) program, has been requested in 5 or more previous years, and a petition for tolerance has not been submitted to the Agency. Therefore, EPA is soliciting public comment before making the decision whether or not to grant the exemptions.

Federal Register, Volume 82 Issue 67 (Monday, April 10, 2017)

[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17251-17252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07135]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0135; FRL-9960-10]


Dinotefuran; Receipt of Applications 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 West 
Virginia, Virginia, and Pennsylvania Departments of Agriculture to use 
the insecticide dinotefuran (CAS No. 165252-70-0) to treat pome and 
stone

[[Page 17252]]

fruit orchards to control the brown marmorated stinkbug. The applicants 
propose a use which is supported by the Interregional Research Project 
Number 4 (IR-4) program, has been requested in 5 or more previous 
years, and a petition for tolerance has not been submitted to the 
Agency. Therefore, EPA is soliciting public comment before making the 
decision whether or not to grant the exemptions.

DATES: Comments must be received on or before April 25, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0135, 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 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 http://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(s) 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 West Virginia, 
Virginia, and Pennsylvania Departments of Agriculture have requested 
the EPA Administrator to issue specific exemptions for the use of 
dinotefuran on pome and stone fruit to control the brown marmorated 
stinkbug. Information in accordance with 40 CFR part 166 was submitted 
as part of the requests. The applicants assert that the rapid spread of 
large outbreaks of the brown marmorated stinkbug (BMSB) resulted in an 
urgent and non-routine pest control situation that is expected to cause 
significant economic losses without the requested use. The applicants 
propose no more than two applications at a rate of 0.203 to 0.304 lb. 
(maximum 0.608 lb.) of dinotefuran per acre, on up to 60,000 acres of 
pome and stone fruit grown in the requesting states, from April 1 to 
October 15, 2017. A total of 36,480 lbs. of dinotefuran could be used 
(maximum acreage at highest rate).
    This notice does not constitute a decision by EPA on the 
applications themselves. The regulations governing FIFRA section 18 at 
40 CFR 166.32(a)(7), require publication of a notice of receipt of an 
application for a specific exemption proposing a use which is supported 
by the IR-4 program, 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 
applications. The Agency will review and consider all comments received 
during the comment period in determining whether to issue the specific 
exemptions requested by the West Virginia, Virginia, and Pennsylvania 
Departments of Agriculture.

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

    Dated: March 23, 2017.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-07135 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17251

TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR AMENDMENTS—Continued
EPA company No. Company name and address

61842 .............................................. Tessenderlo Kerley, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW., Gig
Harbor, WA 98332.
66222 .............................................. Makhteshim Agan of North America, Inc., D/B/A Adama, 3120 Highwoods Blvd., Suite 100, Raleigh, NC
27604.
70385 .............................................. Prorestore Products, Agent Name: Lewis & Harrison, LLC, 122 C Street NW., Suite 505, Washington, DC
20001.
72138 .............................................. White Cap, Inc., Agent Name: Delta Analytical Corp., 12510 Prosperity Drive, Suite 160, Silver Spring, MD
20904.
73049 .............................................. Valent Biosciences Corporation, 870 Technology Way, Libertyville, IL 60048–6316.
87538 .............................................. Coeus Technology, Inc., 5540 West 53rd Street Parkway, Anderson, IN 46013.
89816 .............................................. Mebrom Corp., Agent Name: PRA Registrations, LLC, 8595 Collier Blvd., Suite 107–51, Naples, FL 34114.
90736 .............................................. Jiangsu Fengdeng Crop Science Co., Ltd., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th St.,
CT NW., Gig Harbor, WA 98332.
91411 .............................................. Kocide, LLC, Agent Name: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707.

III. What is the Agency’s authority for V. Provisions for Disposition of Existing products, upon cancellation of the
taking this action? Stocks products or termination of uses
Section 6(f)(1) of FIFRA (7 U.S.C. Existing stocks are those stocks of identified in Table 1 and Table 2 of Unit
136d(f)(1)) provides that a registrant of registered pesticide products that are II., EPA anticipates allowing registrants
a pesticide product may at any time currently in the United States and that to sell and distribute existing stocks of
request that any of its pesticide were packaged, labeled, and released for these products for 1 year after
registrations be canceled or amended to shipment prior to the effective date of publication of the Cancellation Order in
terminate one or more uses. FIFRA the cancellation action. EPA proposes to the Federal Register. Thereafter,
further provides that, before acting on include the following provisions for the registrants will be prohibited from
the request, EPA must publish a notice treatment of any existing stocks of the selling or distributing the pesticides
of receipt of any such request in the products listed in Table 1 and Table 2 identified in Table 1 and Table 2 of Unit
Federal Register. of Unit II. II., except for export consistent with
Section 6(f)(1)(B) of FIFRA (7 U.S.C. FIFRA section 17 (7 U.S.C. 136o) or for
136d(f)(1)(B)) requires that before acting A. For Products 706–69, 10324–169, proper disposal. Persons other than
on a request for voluntary cancellation, 10324–174, 10324–184, 10324–197, registrants will generally be allowed to
EPA must provide a 30-day public 10324–218, 10807–438 and 33176–24. sell, distribute, or use existing stocks
comment period on the request for The registrant has requested to the until such stocks are exhausted,
voluntary cancellation or use Agency via letter to sell existing stocks provided that such sale, distribution, or
termination. In addition, FIFRA section for an 18-month period for products use is consistent with the terms of the
6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) 706–69, 10324–169, 10324–174, 10324– previously approved labeling on, or that
requires that EPA provide a 180-day 184, 10324–197, 10324–218, 10807–438 accompanied, the canceled products.
comment period on a request for and 33176–24. Authority: 7 U.S.C. 136 et seq.
voluntary cancellation or termination of Because the Agency has identified no
significant potential risk concerns Dated: March 2, 2017.
any minor agricultural use before
granting the request, unless: associated with these pesticide Delores Barber,
1. The registrants request a waiver of products, upon cancellation, EPA Director, Information Technology and
the comment period, or anticipates allowing registrants to sell Resources Management Division, Office of
2. The EPA Administrator determines and distribute existing stocks of these Pesticide Programs.
that continued use of the pesticide products for 1 year and 6 months, after [FR Doc. 2017–07138 Filed 4–7–17; 8:45 am]
would pose an unreasonable adverse publication of the Cancellation Order in BILLING CODE 6560–50–P
effect on the environment. the Federal Register. Thereafter,
The registrants listed in Table 3 of registrants will be prohibited from
Unit II have requested that EPA waive selling or distributing the pesticides ENVIRONMENTAL PROTECTION
the 180-day comment period. identified in Table 1 of Unit II., except AGENCY
Accordingly, EPA will provide a 30-day for export consistent with FIFRA section [EPA–HQ–OPP–2017–0135; FRL–9960–10]
comment period on the proposed 17 or for proper disposal. Persons other
requests. than registrants will generally be Dinotefuran; Receipt of Applications
IV. Procedures for Withdrawal of allowed to sell, distribute, or use for Emergency Exemptions,
Requests existing stocks until such stocks are Solicitation of Public Comment
exhausted, provided that such sale,
Registrants who choose to withdraw a distribution, or use is consistent with AGENCY: Environmental Protection
request for product cancellation or use Agency (EPA).
asabaliauskas on DSK3SPTVN1PROD with NOTICES

the terms of the previously approved
termination should submit the labeling on, or that accompanied, the ACTION: Notice.
withdrawal in writing to the person canceled products.
listed under FOR FURTHER INFORMATION SUMMARY: EPA has received specific
CONTACT. If the products have been B. For All Other Products Identified in exemption requests from the West
subject to a previous cancellation Table 1 and Table 2 of Unit II. Virginia, Virginia, and Pennsylvania
action, the effective date of cancellation Because the Agency has identified no Departments of Agriculture to use the
and all other provisions of any earlier significant potential risk concerns insecticide dinotefuran (CAS No.
cancellation action are controlling. associated with these pesticide 165252–70–0) to treat pome and stone

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17252 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices

fruit orchards to control the brown • Pesticide manufacturing (NAICS rapid spread of large outbreaks of the
marmorated stinkbug. The applicants code 32532). brown marmorated stinkbug (BMSB)
propose a use which is supported by the resulted in an urgent and non-routine
B. What should I consider as I prepare
Interregional Research Project Number 4 pest control situation that is expected to
my comments for EPA?
(IR–4) program, has been requested in 5 cause significant economic losses
or more previous years, and a petition 1. Submitting CBI. Do not submit this without the requested use. The
for tolerance has not been submitted to information to EPA through applicants propose no more than two
the Agency. Therefore, EPA is soliciting www.regulations.gov or email. Clearly applications at a rate of 0.203 to 0.304
public comment before making the mark the part or all of the information lb. (maximum 0.608 lb.) of dinotefuran
decision whether or not to grant the that you claim to be CBI. For CBI per acre, on up to 60,000 acres of pome
exemptions. information in a disk or CD–ROM that and stone fruit grown in the requesting
you mail to EPA, mark the outside of the states, from April 1 to October 15, 2017.
DATES: Comments must be received on
disk or CD–ROM as CBI and then A total of 36,480 lbs. of dinotefuran
or before April 25, 2017.
identify electronically within the disk or could be used (maximum acreage at
ADDRESSES: Submit your comments, CD–ROM the specific information that
identified by docket identification (ID) highest rate).
is claimed as CBI. In addition to one This notice does not constitute a
number EPA–HQ–OPP–2017–0135, by complete version of the comment that
one of the following methods: decision by EPA on the applications
includes information claimed as CBI, a
• Federal eRulemaking Portal: http:// copy of the comment that does not
themselves. The regulations governing
www.regulations.gov. Follow the online FIFRA section 18 at 40 CFR 166.32(a)(7),
contain the information claimed as CBI require publication of a notice of receipt
instructions for submitting comments. must be submitted for inclusion in the
Do not submit electronically any of an application for a specific
public docket. Information so marked exemption proposing a use which is
information you consider to be will not be disclosed except in
Confidential Business Information (CBI) supported by the IR–4 program, has
accordance with procedures set forth in been requested in 5 or more previous
or other information whose disclosure is 40 CFR part 2.
restricted by statute. years, and a petition for tolerance has
2. Tips for preparing your comments.
• Mail: OPP Docket, Environmental When preparing and submitting your
not yet been submitted to the Agency.
Protection Agency Docket Center (EPA/ The notice provides an opportunity for
comments, see the commenting tips at
DC), (28221T), 1200 Pennsylvania Ave. public comment on the applications.
https://www.epa.gov/dockets/
NW., Washington, DC 20460–0001. The Agency will review and consider all
commenting-epa-dockets.
• Hand Delivery: To make special 3. Environmental justice. EPA seeks to comments received during the comment
arrangements for hand delivery or achieve environmental justice, the fair period in determining whether to issue
delivery of boxed information, please treatment and meaningful involvement the specific exemptions requested by
follow the instructions at https:// of any group, including minority and/or the West Virginia, Virginia, and
www.epa.gov/dockets/where-send- low income populations, in the Pennsylvania Departments of
comments-epa-dockets. development, implementation, and Agriculture.
Additional instructions on Authority: 7 U.S.C. 136 et seq.
enforcement of environmental laws,
commenting or visiting the docket,
regulations, and policies. To help Dated: March 23, 2017.
along with more information about
address potential environmental justice Daniel J. Rosenblatt,
dockets generally, is available at http://
issues, the Agency seeks information on Acting Director, Registration Division, Office
www.epa.gov/dockets.
any groups or segments of the of Pesticide Programs.
FOR FURTHER INFORMATION CONTACT: population who, as a result of their
Michael L. Goodis, Registration Division [FR Doc. 2017–07135 Filed 4–7–17; 8:45 am]
location, cultural practices, or other
(7505P), Office of Pesticide Programs, factors, may have atypical or
BILLING CODE 6560–50–P
Environmental Protection Agency, 1200 disproportionately high and adverse
Pennsylvania Ave. NW., Washington, human health impacts or environmental
DC 20460–0001; main telephone ENVIRONMENTAL PROTECTION
effects from exposure to the pesticide(s) AGENCY
number: (703) 305–7090; email address: discussed in this document, compared
RDFRNotices@epa.gov. to the general population. [9956–74–OEI]
SUPPLEMENTARY INFORMATION:
II. What action is the agency taking?
I. General Information Cross-Media Electronic Reporting:
Under section 18 of the Federal Authorized Program Revision
A. Does this action apply to me? Insecticide, Fungicide, and Rodenticide Approval, State of South Carolina
You may be potentially affected by Act (FIFRA) (7 U.S.C. 136p), at the
this action if you are an agricultural discretion of the EPA Administrator, a AGENCY: Environmental Protection
producer, food manufacturer, or Federal or State agency may be Agency (EPA).
pesticide manufacturer. The following exempted from any provision of FIFRA ACTION: Notice.
list of North American Industrial if the EPA Administrator determines
Classification System (NAICS) codes is that emergency conditions exist which SUMMARY: This notice announces EPA’s
not intended to be exhaustive, but rather require the exemption. The West approval of the State of South Carolina’s
Virginia, Virginia, and Pennsylvania request to revise its National Primary
asabaliauskas on DSK3SPTVN1PROD with NOTICES

provides a guide to help readers
determine whether this document Departments of Agriculture have Drinking Water Regulations
applies to them. Potentially affected requested the EPA Administrator to Implementation EPA-authorized
entities may include: issue specific exemptions for the use of program to allow electronic reporting.
• Crop production (NAICS code 111). dinotefuran on pome and stone fruit to DATES: EPA’s approval is effective May
• Animal production (NAICS code control the brown marmorated stinkbug. 10, 2017 for the State of South
112). Information in accordance with 40 CFR Carolina’s National Primary Drinking
• Food manufacturing (NAICS code part 166 was submitted as part of the Water Regulations Implementation
311). requests. The applicants assert that the program, if no timely request for a

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Document Created: 2017-04-08 03:31:26
Document Modified: 2017-04-08 03:31:26

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 April 25, 2017.
Contact		Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation		82 FR 17251