SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Settlement Agreement

The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2026-6172) contains a ( printed page 53858) copy of the proposed settlement agreement. The official public docket is available for public viewing at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744.

The electronic version of the public docket for this action contains a copy of the proposed settlement agreement and is available through regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents to the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search”.

II. Additional Information About the Proposed Settlement Agreement

On May 4, 2020, Natural Resources Defense Council (NRDC) petitioned EPA, under the Federal Food, Drug, and Cosmetic Act (FFDCA), to revoke all tolerances for residues of five neonics on or in food—acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam. Plaintiffs subsequently filed a mandamus petition on October 29, 2025, alleging that EPA's failure to issue a final decision on the FFDCA petition constitutes an unreasonable delay under the All Writs Act, 28 U.S.C. 1651(a), and the Administrative Procedure Act (“APA”), 5 U.S.C. 555(b).

The proposed settlement agreement states that no later than April 30, 2027, EPA must issue a final decision on Petitioner's administrative petition under 21 U.S.C. 346a(d)(4)(A). Further, the proposed settlement agreement states that within 15 days of the execution of the proposed settlement agreement, the parties will file a joint motion to continue holding the litigation in abeyance pending the April 30, 2027 deadline for EPA's issuance of a final decision on the administrative petition.

For a period of thirty (30) days following the date of publication of this publication, the Agency will accept written comments relating to the proposed settlement agreement from persons who are not named as parties to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the APA or FFDCA. Unless EPA or the Department of Justice determines that consent should be withdrawn, the terms of the proposed settlement agreement will be affirmed.

III. Additional Information About Commenting on the Proposed Settlement Agreement

Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2026-6172 via www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. EPA may publish any comment received to its docket. Do not submit to EPA's docket at www.regulations.gov any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission ( i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www.epa.gov/​dockets/​commenting-epa-dockets. For additional information about submitting information identified as CBI, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be received by scheduled appointment only.

If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email or other contact information in the body of your comment. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you if EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

Use of the www.regulations.gov website to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment.

Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

91 FR 53857