Notice2023-28772
Clothianidin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 29, 2023
Issuing agencies
Environmental Protection Agency
Abstract
EPA has received a specific exemption request from the Florida Department of Agriculture and Consumer Services (FDACS) to use the insecticide clothianidin (CAS No. 210-880-92-5) as a soil drench application to treat up to 125,376 acres of immature (3-5 years old) citrus trees to control the transmission of Huanglongbing (HLB) disease vectored by the Asian Citrus Psyllid (ACP). The applicant proposes a use that has been requested in 5 or more previous years. Therefore, EPA is soliciting public comment before making the decision whether or not to grant the exemption.
Full Text
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<title>Federal Register, Volume 88 Issue 249 (Friday, December 29, 2023)</title>
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[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90181-90182]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28772]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2023-0597; FRL-11634-01]
Clothianidin; 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 Florida
Department of Agriculture and Consumer Services (FDACS) to use the
insecticide clothianidin (CAS No. 210-880-92-5) as a soil drench
application to treat up to 125,376 acres of immature (3-5 years old)
citrus trees to control the transmission of Huanglongbing (HLB) disease
vectored by the Asian Citrus Psyllid (ACP). The applicant proposes a
use that has been requested in 5 or more previous years. Therefore, EPA
is soliciting public comment before making the decision whether or not
to grant the exemption.
DATES: Comments must be received on or before January 16, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0597, through the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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) 566-1030; email address:
<a href="/cdn-cgi/l/email-protection#e8baacaebaa6879c818b8d9ba88d9889c68f879e"><span class="__cf_email__" data-cfemail="e7b5a3a1b5a988938e848294a7829786c9808891">[email protected]</span></a>.
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:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="https://www.epa.gov/dockets/comments.html">https://www.epa.gov/dockets/comments.html</a>.
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 FDACS has requested
the EPA Administrator to issue a specific exemption for the use of
clothianidin as a soil drench application on immature (3-5 years old)
citrus trees to control the transmission of HLB disease vectored by
ACP. Information in accordance with 40 CFR part 166 was submitted as
part of this request.
As part of this request, the applicant asserts that clothianidin is
needed to suppress the transmission of HLB disease vectored by ACP due
to the lack of available alternative pesticides and effective control
practices. Without this tool, Florida citrus growers are expected to
experience significant economic losses due to the severity of this
invasive disease and vector complex.
The Applicant proposes to make no more than two applications of
clothianidin at a maximum rate of 0.4 lb. a.i./A (24.0 fl. oz per acre)
per 12-month period on up to 125,376 acres of immature (3-5 years old)
citrus grown in Florida from February 1, 2024, to February 1, 2025. A
total of 25,037 lbs. active ingredient of clothianidin may be used on
the maximum acreage 125,376 at the highest application rate.
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 which is supported by the Inter-
[[Page 90182]]
Regional Project Number (IR-4) program that has been requested in 5 or
more previous years, and for which a complete application for
registration of that use and/or petition for tolerance of residues in
or on the commodity has not yet been submitted to the Agency. The
notice provides an opportunity for public comment on the application.
In 2011, the FDACS submitted a petition for tolerance to EPA that
was subsequently withdrawn, and an application/petition has not been
resubmitted to the Agency. The notice provides an opportunity for
public comment on the application. EPA will review and consider all
comments received during the comment period in determining whether to
issue the specific exemption requested by the FDACS.
Authority: 7 U.S.C. 136 et seq.
Dated: December 20, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-28772 Filed 12-28-23; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.