DQB Males (Wolbachia pipientis, DQB Strain, Contained in Live Adult Culex quinquefasciatus Males); 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.
Issuing agencies
Abstract
EPA has received a specific exemption renewal request from the Hawaii Department of Agriculture for use of the pesticide DQB Males (Wolbachia pipientis, DQB strain, contained in live adult Culex quinquefasciatus males), to treat up to 20,000 acres of State, Federal, and private wildlife conservation areas throughout the State of Hawaii to control Culex quinquefasciatus mosquitoes, a vector of avian malaria. The applicant proposes a new use of a microbial pesticide which has not been registered by EPA. Therefore, in accordance with the Code of Federal Regulations, EPA is soliciting public comment before making the decision whether to grant the exemption.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 27 (Thursday, February 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8674-8675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02586]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0035; FRL-11721-01-OCSPP]
DQB Males (Wolbachia pipientis, DQB Strain, Contained in Live
Adult Culex quinquefasciatus Males); Receipt of Application for
Emergency Exemption, Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has received a specific exemption renewal request from the
Hawaii Department of Agriculture for use of the pesticide DQB Males
(Wolbachia pipientis, DQB strain, contained in live adult Culex
quinquefasciatus males), to treat up to 20,000 acres of State, Federal,
and private wildlife conservation areas throughout the State of Hawaii
to control Culex quinquefasciatus mosquitoes, a vector of avian
malaria. The applicant proposes a new use of a microbial pesticide
which has not been registered by EPA. Therefore, in accordance with the
Code of Federal Regulations, EPA is soliciting public comment before
making the decision whether to grant the exemption.
DATES: Comments must be received on or before February 23, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0035, and the specific case number for the
chemical substance related to your comment, 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. To make
special arrangements for hand delivery or delivery of boxed
information, please follow the instructions at <a href="https://www.epa.gov/dockets/contacts.html">https://www.epa.gov/dockets/contacts.html</a>. Additional instructions on commenting or
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, Registration Division
(7505T), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number: (703) 305-7090; email address: <a href="/cdn-cgi/l/email-protection#84d6c0c2d6caebf0ede7e1f7c4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="8ddfc9cbdfc3e2f9e4eee8fecde8fdeca3eae2fb">[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 a
pesticide manufacturer, North American Industrial Classification System
(NAICS) (Code 32532) or involved with Hawaiian wildlife conservation
areas that have known populations of Culex quinquefasciatus. This
listing is not intended to be exhaustive, but rather provides a guide
to help readers determine whether this document applies to them. Other
types of entities not listed could also be affected.
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/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</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 Hawaii Department of
Agriculture has requested the EPA Administrator to issue a specific
exemption for the use of DQB males for conservation purposes to control
mosquitoes (Culex quinquefasciatus), which are a known vector to avian
malaria and threaten Hawaii's endemic forest bird population.
Information in accordance with 40 CFR part 166 was submitted as part of
this request.
As part of this request, the applicant asserts that avian malaria
was introduced into the Hawaiian Islands in the 19th century and spread
by a non-native mosquito. Hawaii is experiencing increased mosquito
populations that have significantly reduced Hawaiian bird populations.
According to the applicant, without mosquito control, the survival and
recovery of Hawaii's few remaining forest birds, including threatened
and endangered species, are at imminent risk.
The applicant proposes to make 156 maximum applications of DQB male
mosquitoes per release site per year based on an anticipated maximum of
3 releases per week. The total number of application days is a maximum
of 156 during the year. The total amount of DQB Males to be applied per
year to treat conservation lands throughout Hawaii is up to 3,000,000
male mosquitoes per week or 156,000,000 males per year. The maximum
amount of Wolbachia pipientis, DQB strain, to
[[Page 8675]]
be applied per year is up to ~1.83g/week or 95g/year.
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 new use of a microbial pesticide (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 Hawaii Department of Agriculture.
Authority: 7 U.S.C. 136 et seq.
Dated: February 1, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-02586 Filed 2-7-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>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.