[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51523-51524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13352]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0222; FRL-11995-01-OCSPP]


Helicoverpa zea nudivirus 2 strain 90DR71; 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 (CDA) to use the pesticide 
Helicoverpa zea nudivirus 2 strain 90DR71 to treat up to 1,750 acres of 
sweet corn in Delta and Montrose Counties in CO to manage corn earworm. 
The applicant proposes the use of an active ingredient not included in 
any currently registered pesticide products. EPA is soliciting public 
comment before making the decision whether or not to grant the 
exemption.

DATES: Comments must be received on or before July 3, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0222, 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, Registration Division 
(7505T), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (202) 566-1030; 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).

[[Page 51524]]

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 
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 Colorado Department 
of Agriculture has requested the EPA Administrator to issue a specific 
exemption for the use of Helicoverpa zea nudivirus 2 strain 90DR71 to 
control corn earworm in sweet corn. Information in accordance with 40 
CFR part 166 was submitted as part of this request.
    As part of this request, the applicant states that unprecedented 
outbreaks in 2023 of corn earworm (Helicoverpa zea) were not adequately 
controlled, leading to average losses of 52%. Testing suggests 
widespread insecticide resistance has developed, and the applicant 
asserts that there is an urgent need for additional methods to manage 
corn earworm to produce an economically viable sweet corn crop in 
Colorado. The active ingredient of the requested use is an insect virus 
transmitted by mating, which infects the reproductive tissues of adult 
moths, causing them to produce fewer eggs with many developing into 
sterile adult moths. Similar to successful sterile insect techniques 
used for other pest species, the use would be part of an area-wide 
strategy, including insecticides targeting the eggs and larvae. 
Treatment is via release of sterile moths carrying this virus, and 
field trials have demonstrated reductions in both larvae and corn ear 
damage relative to controls.
    The Applicant proposes to make no more than two applications per 
treatment site, releasing up to 100 sterile moths per acre, between 
June 15 to September 23, 2024, at approximately 21 and 15 days prior to 
harvest of the crop. Overall, an estimated total of 350,000 sterile 
moths would be used over approximately 1,750 acres.
    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 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 29, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-13352 Filed 6-17-24; 8:45 am]
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