Notice2025-00540
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
January 14, 2025
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 pesticide clothianidin (CAS No. 210-880-92-5) to treat up to 75,000 acres of immature (3-5 years old) citrus trees to control the transmission of Huanglongbing (HLB) disease vectored by the Asian Citrus Psyllid. The applicant proposes a use that has been requested in 5 or more previous years and for which a complete application for registration or tolerance petition has not been submitted to the Agency. 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 90 Issue 8 (Tuesday, January 14, 2025)</title>
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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3207-3208]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00540]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0629; FRL-12544-01-OCSPP]
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
pesticide clothianidin (CAS No. 210-880-92-5) to treat up to 75,000
acres of immature (3-5 years old) citrus trees to control the
transmission of Huanglongbing (HLB) disease vectored by the Asian
Citrus Psyllid. The applicant proposes a use that has been requested in
5 or more previous years and for which a complete application for
registration or tolerance petition has not been submitted to the
Agency. 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 29, 2025.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0629, online 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#e7b5a3a1b5a988938e848294a7829786c9808891"><span class="__cf_email__" data-cfemail="297b6d6f7b67465d404a4c5a694c5948074e465f">[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 CBI to EPA through email or
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you wish to include CBI in your
comment, please follow the applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly mark the
information that you claim to be CBI. 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
[[Page 3208]]
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, especially when it comes to
protecting young (3-5) year old citrus trees from HLB infection. The
future of the citrus industry remains at risk due to no effective means
to limit the infection levels of these young trees that actively flush
new foliage throughout the year.
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 75,000 acres of immature (3-5 years old)
citrus trees grown in Florida from April 16, 2025-April 16, 2026. A
total of 14,943 lbs. active ingredient of clothianidin may be used on
the maximum acreage of 75,000 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-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: January 7, 2025.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2025-00540 Filed 1-13-25; 8:45 am]
BILLING CODE 6560-50-P
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