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)

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, 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