[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48610-48611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12416]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0211; FRL-11998-01-OCSPP]


Alpha-Pinene, Anisyl Alcohol, Butyl Salicylate, Cineole 
(Eucalyptol), and Phenylacetaldehyde; 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 
Colorado Department of Agriculture to use the pesticides, alpha-pinene, 
anisyl alcohol,

[[Page 48611]]

butyl salicylate, cineole (eucalyptol), and phenylacetaldehyde (CAS 
Nos. 80-56-8, 1331-81-3, 2052-14-4, 470-82-6, and 122-78-1, 
respectively) to treat up to 1,400 acres of sweet corn to control corn 
earworm. The applicant proposes the use of new chemicals which have not 
been registered by EPA. 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 24, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0211, by one of the following methods:
     Federal eRulemaking Portal: 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.
     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 https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505T), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-2875; 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 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. 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 Colorado Department 
of Agriculture has requested the EPA Administrator to issue a specific 
exemption for the use of alpha-pinene, anisyl alcohol, butyl 
salicylate, cineole (eucalyptol), and phenylacetaldehyde (partnered 
with a toxicant insecticide as an attract-and-kill insect control 
strategy) in sweet corn to control corn earworm. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the applicant asserts that emergency 
conditions exist due to insufficient means to control corn earworm in 
sweet corn, and the use of the formulation containing alpha-pinene, 
anisyl alcohol, butyl salicylate, cineole (eucalyptol, and 
phenylacetaldehyde will help avert significant economic losses.
    The Applicant proposes to make no more than 8 applications per 
treatment site of Insect Attractant (containing the following 
registered ingredient, d-limonene (0.2%), and the following new 
chemical ingredients: Alpha-pinene (0.5%); anisyl alcohol (0.5%), butyl 
salicylate (0.9%); cineole (eucalyptol), (0.5%); and phenylacetaldehyde 
(0.8%) per gallon of product) to treat up to 2% (28 acres) of the 1,400 
maximum sweet corn acreage the applicant requested under this specific 
exemption from June 10--October 10, 2024. The total amount of pesticide 
applied is not to exceed 1,300 gallons of product, equivalent to a 
combined total of 384.28 pounds of d-limonene (20.28 lbs.), alpha-
pinene (61.62 lbs.), anisyl alcohol (56.42 lbs.), butyl salicylate 
(112.71 lbs.), cineole (eucalyptol) (54.99 lbs.), and 
phenylacetaldehyde (98.54 lbs.), and is to be used only in two Colorado 
counties, Delta and Montrose.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 at 40 
CFR part 166.24(a)(1) require publication of a notice of receipt of an 
application for a specific exemption proposing use of a new chemical 
(i.e., an active ingredient) which has not been registered by EPA. 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 
exemption requested by the Colorado Department of Agriculture.
    Authority: 7 U.S.C. 136 et seq.

    Dated: May 23, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-12416 Filed 6-6-24; 8:45 am]
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