[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Notices]
[Pages 47170-47171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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