82 FR 23804 - Pyridate; Receipt of Application for Emergency Exemption, Solicitation of Public Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 99 (May 24, 2017)

Page Range		23804-23805
FR Document		2017-10748

EPA has received a specific exemption request from the Washington State Department of Agriculture to use the herbicide pyridate (CAS No. 55512-33-9) to treat up to 13,850 acres of double-cut mint to control terbacil-resistant redroot pigweed biotypes, common lambquarters, Powell amaranth, cinquefoil, Russian thistle, marestail and field violet in Washington. The applicant proposes a use of a pesticide that was voluntarily canceled in 2004, and which is now considered to be unregistered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is soliciting public comment before making the decision whether or not to grant the exemption.

Federal Register, Volume 82 Issue 99 (Wednesday, May 24, 2017)

[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23804-23805]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10748]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0137; FRL-9961-70]


Pyridate; 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 
Washington State Department of Agriculture to use the herbicide 
pyridate (CAS No. 55512-33-9) to treat up to 13,850 acres of double-cut 
mint to control terbacil-resistant redroot pigweed biotypes, common 
lambquarters, Powell amaranth, cinquefoil, Russian thistle, marestail 
and field violet in Washington. The applicant proposes a use of a 
pesticide that was voluntarily canceled in 2004, and which is now 
considered to be unregistered under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA). EPA is soliciting public comment before 
making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before June 8, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0137, 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: 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 http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair

[[Page 23805]]

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 Washington 
State Department of Agriculture has requested the EPA Administrator to 
issue a specific exemption for the use of pyridate on double-cut mint 
(peppermint and spearmint) to control terbacil-resistant redroot 
pigweed biotypes, common lambquarters, Powell amaranth, cinquefoil, 
Russian thistle, marestail and field violet. Information in accordance 
with 40 CFR part 166 was submitted as part of this request.
    In this specific exemption, the Applicant asserts that there are 
currently no available registered herbicides that can be applied at the 
proper timing to provide effective control of various broadleaf weeds 
without causing unacceptable injury in double-cut mint. In addition, 
there are no economically or environmentally feasible alternative 
practices, and that mint producers expect to experience yield loss 
greater than 20% in double-cut spearmint and peppermint.
    The Applicant proposes to apply no more than a total of 2,597 
gallons of the unregistered product, Tough EC, (approximately 12,985 
pounds active ingredient of pyridate) per acre per year. Up to 13,850 
acres of double-cut mint (8,800 acres spearmint; 5,050 acres 
peppermint) in Washington may be treated. Additional information from 
the Applicant's submission that details the need for the exemption and 
the proposed use pattern can be found at http://www.regulations.gov in 
the specific exemption application request from the Washington 
Department of Agriculture for emergency use of pyridate in double-cut 
peppermint and spearmint to control terbacil-resistant redroot pigweed 
species.
    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 use of a pesticide that was voluntarily canceled in 
2004, and which is now considered to be unregistered under the FIFRA 
Act. Accordingly, 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 exemption requested by the Washington State 
Department of Agriculture. Further, numerous states that have 
previously requested a specific exemption for use of pyridate on mint 
to control various broadleaf weeds species may submit similar specific 
exemption requests.

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

    Dated: April 28, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-10748 Filed 5-22-17; 4:15 pm]
BILLING CODE 6560-50-P

23804 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices

Any person or the Commission’s staff The Commission strongly encourages delivery of boxed information, please
may, within 60 days after issuance of electronic filings of comments, protests follow the instructions at http://
the instant notice by the Commission, and interventions in lieu of paper using www.epa.gov/dockets/contacts.html.
file pursuant to Rule 214 of the the ‘‘eFiling’’ link at http:// Additional instructions on
Commission’s Procedural Rules (18 CFR www.ferc.gov. Persons unable to file commenting or visiting the docket,
385.214) a motion to intervene or notice electronically should submit an original along with more information about
of intervention and pursuant to section and seven copies of the protest or dockets generally, is available at http://
157.205 of the regulations under the intervention to the Federal Energy www.epa.gov/dockets.
NGA (18 CFR 157.205), a protest to the Regulatory Commission, 888 First Street FOR FURTHER INFORMATION CONTACT:
request. If no protest is filed within the NE., Washington, DC 20426. Michael L. Goodis, Registration Division
time allowed therefore, the proposed Dated: May 18, 2017. (7505P), Office of Pesticide Programs,
activity shall be deemed to be Kimberly D. Bose, Environmental Protection Agency, 1200
authorized effective the day after the Secretary. Pennsylvania Ave. NW., Washington,
time allowed for filing a protest. If a DC 20460–0001; main telephone
[FR Doc. 2017–10600 Filed 5–23–17; 8:45 am]
protest is filed and not withdrawn number: (703) 305–7090; email address:
BILLING CODE 6717–01–P
within 30 days after the allowed time RDFRNotices@epa.gov.
for filing a protest, the instant request SUPPLEMENTARY INFORMATION:
shall be treated as an application for
authorization pursuant to section 7 of ENVIRONMENTAL PROTECTION I. General Information
the NGA. AGENCY
A. Does this action apply to me?
Pursuant to section 157.9 of the [EPA–HQ–OPP–2017–0137; FRL–9961–70]
You may be potentially affected by
Commission’s rules, 18 CFR 157.9,
Pyridate; Receipt of Application for this action if you are an agricultural
within 90 days of this Notice the
Emergency Exemption, Solicitation of producer, food manufacturer, or
Commission staff will either: Complete
Public Comment pesticide manufacturer. The following
its environmental assessment (EA) and
list of North American Industrial
place it into the Commission’s public AGENCY: Environmental Protection Classification System (NAICS) codes is
record (eLibrary) for this proceeding, or Agency (EPA). not intended to be exhaustive, but rather
issue a Notice of Schedule for
ACTION: Notice. provides a guide to help readers
Environmental Review. If a Notice of
determine whether this document
Schedule for Environmental Review is SUMMARY: EPA has received a specific
applies to them. Potentially affected
issued, it will indicate, among other exemption request from the Washington entities may include:
milestones, the anticipated date for the State Department of Agriculture to use • Crop production (NAICS code 111).
Commission staff’s issuance of the final the herbicide pyridate (CAS No. 55512– • Animal production (NAICS code
environmental impact statement (FEIS) 33–9) to treat up to 13,850 acres of 112).
or EA for this proposal. The filing of the double-cut mint to control terbacil- • Food manufacturing (NAICS code
EA in the Commission’s public record resistant redroot pigweed biotypes, 311).
for this proceeding or the issuance of a common lambquarters, Powell • Pesticide manufacturing (NAICS
Notice of Schedule for Environmental amaranth, cinquefoil, Russian thistle, code 32532).
Review will serve to notify federal and marestail and field violet in
state agencies of the timing for the Washington. The applicant proposes a B. What should I consider as I prepare
completion of all necessary reviews, and use of a pesticide that was voluntarily my comments for EPA?
the subsequent need to complete all canceled in 2004, and which is now 1. Submitting CBI. Do not submit this
federal authorizations within 90 days of considered to be unregistered under the information to EPA through
the date of issuance of the Commission Federal Insecticide, Fungicide, and www.regulations.gov or email. Clearly
staff’s FEIS or EA. Rodenticide Act (FIFRA). EPA is mark the part or all of the information
Persons who wish to comment only soliciting public comment before that you claim to be CBI. For CBI
on the environmental review of this making the decision whether or not to information in a disk or CD–ROM that
project should submit an original and grant the exemption. you mail to EPA, mark the outside of the
two copies of their comments to the DATES: Comments must be received on disk or CD–ROM as CBI and then
Secretary of the Commission. or before June 8, 2017. identify electronically within the disk or
Environmental commenters will be ADDRESSES: Submit your comments, CD–ROM the specific information that
placed on the Commission’s identified by docket identification (ID) is claimed as CBI. In addition to one
environmental mailing list, will receive number EPA–HQ–OPP–2017–0137, by complete version of the comment that
copies of the environmental documents, one of the following methods: includes information claimed as CBI, a
and will be notified of meetings • Federal eRulemaking Portal: http:// copy of the comment that does not
associated with the Commission’s www.regulations.gov. Follow the online contain the information claimed as CBI
environmental review process. instructions for submitting comments. must be submitted for inclusion in the
Environmental commenters will not be Do not submit electronically any public docket. Information so marked
required to serve copies of filed information you consider to be will not be disclosed except in
documents on all other parties. accordance with procedures set forth in
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Confidential Business Information (CBI)
However, the non-party commenters, or other information whose disclosure is 40 CFR part 2.
will not receive copies of all documents restricted by statute. 2. Tips for preparing your comments.
filed by other parties or issued by the • Mail: OPP Docket, Environmental When preparing and submitting your
Commission (except for the mailing of Protection Agency Docket Center (EPA/ comments, see the commenting tips at
environmental documents issued by the DC), (28221T), 1200 Pennsylvania Ave. http://www.epa.gov/dockets/
Commission) and will not have the right NW., Washington, DC 20460–0001. comments.html.
to seek court review of the • Hand Delivery: To make special 3. Environmental justice. EPA seeks to
Commission’s final order. arrangements for hand delivery or achieve environmental justice, the fair

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Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices 23805

treatment and meaningful involvement spearmint to control terbacil-resistant Bureau, Federal Communications
of any group, including minority and/or redroot pigweed species. Commission, barbara.kreisman@fcc.gov,
low income populations, in the This notice does not constitute a (202) 418–2324.
development, implementation, and decision by EPA on the application SUPPLEMENTARY INFORMATION: This is a
enforcement of environmental laws, itself. The regulations governing FIFRA summary of the Commission’s
regulations, and policies. To help section 18 require publication of a document, DA 17–442; MB Docket No.
address potential environmental justice notice of receipt of an application for a 16–306, GN Docket No. 12–268, released
issues, the Agency seeks information on specific exemption proposing use of a May 12, 2017. The complete text of this
any groups or segments of the pesticide that was voluntarily canceled document is available for public
population who, as a result of their in 2004, and which is now considered inspection during regular business
location, cultural practices, or other to be unregistered under the FIFRA Act. hours in the FCC Reference Center,
factors, may have atypical or Accordingly, this notice provides an Room CY–A257, 445 12th Street SW.,
disproportionately high and adverse opportunity for public comment on the Washington, DC 20554, or online at
human health impacts or environmental application. The Agency will review http://transition.fcc.gov/Daily_Releases/
effects from exposure to the pesticide and consider all comments received Daily_Business/2017/db0515/DA–17–
discussed in this document, compared during the comment period in 442A1.pdf.
to the general population. determining whether to issue the
specific exemption requested by the Displacement Public Notice
II. What action is the Agency taking?
Washington State Department of The Media Bureau will announce a
Under section 18 of the FIFRA (7 Agriculture. Further, numerous states limited window (Special Displacement
U.S.C. 136p), at the discretion of the that have previously requested a Window) for LPTV/translator stations
EPA Administrator, a Federal or State specific exemption for use of pyridate subject to displacement as a result of the
agency may be exempted from any on mint to control various broadleaf incentive auction and repacking process
provision of FIFRA if the EPA weeds species may submit similar to submit displacement applications.
Administrator determines that specific exemption requests. The Special Displacement Window will
emergency conditions exist which Authority: 7 U.S.C. 136 et seq. be announced after full power and Class
require the exemption. The Washington A television stations reassigned to new
State Department of Agriculture has Dated: April 28, 2017.
channels in the repacking process have
requested the EPA Administrator to Michael Goodis,
had an opportunity to apply for their
issue a specific exemption for the use of Director, Registration Division, Office of preferred facilities. The exact dates for
pyridate on double-cut mint Pesticide Programs.
the Special Displacement Window will
(peppermint and spearmint) to control [FR Doc. 2017–10748 Filed 5–22–17; 4:15 pm]
be announced by public notice
terbacil-resistant redroot pigweed BILLING CODE 6560–50–P (Displacement Public Notice)
biotypes, common lambquarters, Powell approximately seven to eight months
amaranth, cinquefoil, Russian thistle, after release of the Closing and Channel
marestail and field violet. Information FEDERAL COMMUNICATIONS Reassignment Public Notice on April 13,
in accordance with 40 CFR part 166 was COMMISSION 2017. The Displacement Public Notice
submitted as part of this request. will be released not less than 60 days
[MB Docket No. 16–306, GN Docket No. 12–
In this specific exemption, the 268; DA 17–442] prior to the opening of the Special
Applicant asserts that there are Displacement Window. The Special
currently no available registered Incentive Auction Task Force and Displacement Window will remain open
herbicides that can be applied at the Media Bureau Announce Procedures for 30 days.
proper timing to provide effective for the Post-Incentive Auction Channel Study. The Displacement
control of various broadleaf weeds Broadcast Transition Public Notice will provide channel
without causing unacceptable injury in availability data to assist eligible LPTV/
double-cut mint. In addition, there are AGENCY: Federal Communications TV translator stations in identifying
no economically or environmentally Commission. potential new channels in the repacked
feasible alternative practices, and that ACTION: Notice. TV bands, consistent with the
mint producers expect to experience Commission’s direction in the LPTV
yield loss greater than 20% in double- SUMMARY: In this document, the Federal
DTV Third R&O. Specifically, the data
cut spearmint and peppermint. Communications Commission will identify locations and channels
The Applicant proposes to apply no (Commission) provides guidance for low where LPTV/translator stations cannot
more than a total of 2,597 gallons of the power television (LPTV), television propose displacement facilities because
unregistered product, Tough EC, translator (TV translator) and analog-to- of the presence of other non-displaced
(approximately 12,985 pounds active digital replacement translator (DRT) LPTV/translator stations, full power and
ingredient of pyridate) per acre per year. stations (referred to collectively as Class A television stations or land
Up to 13,850 acres of double-cut mint ‘‘LPTV/translator stations’’) regarding mobile operations. The data will be
(8,800 acres spearmint; 5,050 acres the post-auction transition period with based on use of the incentive auction
peppermint) in Washington may be the completion of the broadcast software nationwide and the full power
treated. Additional information from the television spectrum incentive auction and Class A television station technical
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Applicant’s submission that details the (Auction 1000). The purpose of this parameters in the Closing and Channel
need for the exemption and the notice is to summarize and clarify the Reassignment Public Notice, as well as
proposed use pattern can be found at rules and procedures governing the any full power and Class A television
http://www.regulations.gov in the post-auction transition for LPTV/ modifications proposed in the two
specific exemption application request translator stations. alternate channel/expanded facilities
from the Washington Department of DATES: May 24, 2017. filing windows. The data will be
Agriculture for emergency use of FOR FURTHER INFORMATION CONTACT: provided on the same 2x2 kilometer
pyridate in double-cut peppermint and Shaun Maher, Video Division, Media basis as utilized in ‘‘TVStudy,’’ the

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Document Created: 2017-05-24 01:03:08
Document Modified: 2017-05-24 01:03:08

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 June 8, 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 23804