[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11437-11438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03715]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0889; FRL-10683-01-OCSPP]


Sulfoxaflor; Pesticide Product Registration; Notice of Receipt 
and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA received applications to register new uses for pesticide 
products containing sulfoxaflor, a currently registered active 
ingredient. Pursuant to the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and 
opportunity to comment on the application.

DATES: Comments must be received on or before March 27, 2023.

ADDRESSES: Submit your comments, identified by the docket 
identification (ID) number EPA-HQ-OPP-2010-0889, through the Federal 
eRulemaking Portal at https://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. For the 
latest status information on EPA/DC services and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Registration Division (RD) (Mail Code 
7505T); Daniel Rosenblatt; main telephone number: (202) 566-1030; email 
address: [email protected]; Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    This action provides information that is directed to the public in 
general.

B. What action is the Agency taking?

    EPA is hereby providing notice of receipt and opportunity to 
comment on applications to register new uses for pesticide products 
containing sulfoxaflor, a currently registered active ingredient. 
Notice of receipt of the applications does not imply a decision by the 
Agency on these applications. For actions being evaluated under EPA's 
public participation process for registration actions, there will be an 
additional opportunity for public comment on the proposed decisions. 
Please see EPA's public participation website for additional 
information on this process (https://www.epa.gov/pesticide-registration/public-participation-process-registration-actions).

C. What is the Agency's authority for taking this action?

    EPA is taking this action pursuant to FIFRA section 3(c)(4), 7 
U.S.C. 136a(c)(4), and 40 CFR 152.102.

D. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
https://www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be 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

[[Page 11438]]

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 pesticides 
discussed in this document, compared to the general population.

II. Applications to Register New Uses

    In July 2019, EPA's Office of Pesticide Program granted a number of 
amendments to add new uses and make other labeling changes to three 
existing sulfoxaflor products registered for use under FIFRA. Those 
amendments were challenged in the Ninth Circuit Court of Appeals. 
Center for Food Safety v. Reagan, 56 F.4th 648 (9th Cir. 2022). 
Petitioners in that case contended that EPA failed to provide notice 
and opportunity for comment under FIFRA section 3(c)(4) on the 2010 
application for use of sulfoxaflor on citrus, cotton, cucurbits, 
soybean, and strawberry crops and, for uses registered in 2016, removal 
of restrictions limiting use to post-bloom applications on berries, 
canola, okra, ornamentals, pome fruit, potato, stone fruit, fruiting 
vegetables, nuts, succulent and dry beans; prohibiting use on crops 
grown for seed; prohibiting tank mixing; and removing a 12' on-field 
aerial buffer. The Court agreed with the Petitioners on this issue, 
requiring EPA to issue a new FIFRA section 3(c)(4) notice with an 
opportunity for comment on those uses. This notice is intended to 
address that part of the Court's mandate.
    This unit provides the following information about the applications 
received and on which comments are being sought: The EPA File Symbol or 
Registration number(s) and EPA docket ID number for the application; 
The name and address of the applicant; The name of the active 
ingredient, product type and proposed uses; and the division to contact 
for that application. Additional information about the application may 
also be available in the docket.
     EPA File Symbol: 62719-631, 62719-623, 62719-625. Docket 
ID Number: EPA-HQ-OPP-2010-0889. Applicant: Corteva Agriscience, 9330 
Zionsville Rd., Indianapolis, IN 46268. Active Ingredient: Sulfoxaflor. 
Product Type: Insecticide. Proposed Use: After conducting an extensive 
risk analysis, including review of one of the agency's largest datasets 
on the effects of a pesticide on bees, the Agency restored the 2015 
vacated uses in 2019 on: citrus, cotton, cucurbits, soybeans, 
strawberry. The Agency also removed the following 2016 mitigations in 
2019: A 12 foot on-field aerial buffer; prohibition for use on crops 
grown for seed; removal of the tank mix restriction; removal of 
restrictions limiting use to post-bloom applications on berries, 
canola, okra, ornamentals, pome fruit, potato, stone fruit, fruiting 
vegetables, nuts, succulent and dry beans. Contact: RD.
    Authority: 7 U.S.C. 136 et seq.

    Dated: February 16, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-03715 Filed 2-22-23; 8:45 am]
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