[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28829-28830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11371]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0306; FRL-10023-48]


Dinotefuran; Receipt of Applications for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received specific exemption requests from the 
Pennsylvania Department of Agriculture and the Virginia Department of 
Agriculture and Consumer Services to use the pesticide dinotefuran (CAS 
No. 165252-70-0) to treat up to 25,000 and 29,000 acres, respectively, 
of pome and stone fruits to control the brown marmorated stinkbug. The 
applicants propose uses which are supported by the Interregional 
Research Project Number 4 (IR4) program and have been requested in 5 or 
more previous years, and petitions for tolerances have not yet been 
submitted to the Agency. Therefore, as required, EPA is soliciting 
public comment before making the decision whether or not to grant the 
exemptions.

DATES: Comments must be received on or before June 14, 2021.

ADDRESSES: The docket for these actions, identified by docket 
identification (ID) number EPA-HQ-OPP-2021-0306, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW, Washington, DC 20460-0001. The 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, and the telephone number for the OPP 
Docket is (703) 305-5805.

[[Page 28830]]

    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets. Submit your comments, identified by docket ID 
number EPA-HQ-OPP-2021-0306, 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: Marietta Echeverria, 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 these actions 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 
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 Pennsylvania 
Department of Agriculture and the Virginia Department of Agriculture 
and Consumer Services have requested the EPA Administrator to issue 
specific exemptions for the use of dinotefuran on pome and stone fruits 
to control the brown marmorated stinkbug. Information in accordance 
with 40 CFR part 166 was submitted as part of the requests.
    As part of the requests, the applicants assert that the rapid 
spread of large outbreaks of the brown marmorated stinkbug (an invasive 
species) has resulted in an urgent and non-routine pest control 
situation that is expected to cause significant economic losses without 
the requested uses.
    The Applicants propose to make no more than two applications at a 
rate of 0.203 to 0.304 lb. (maximum total of 0.608 lb.) of dinotefuran 
per acre on up to 54,000 acres of pome and stone fruits grown in 
Pennsylvania and Virginia, from May 15 to October 15, 2021. A total of 
32,832 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 
require publication of a notice of receipt of an application for a 
specific exemption proposing a use which is supported by the IR4 
program and 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 application.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemptions requested by the Pennsylvania Department of Agriculture and 
the Virginia Department of Agriculture and Consumer Services, as well 
as any subsequent specific exemption applications submitted by other 
state lead agencies.

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

    Dated: May 19, 2021.
Marietta Echeverria,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-11371 Filed 5-27-21; 8:45 am]
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