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[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27129-27130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10584]

[[Page 27129]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0225; FRL-9945-75]

Sulfoxaflor; Receipt of Applications for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received specific exemption requests from the 
Tennessee Department of Agriculture (TDA), the Arkansas State Plant 
Board (ASPB) and the Mississippi Departments of Agriculture and 
Commerce (MDAC) to use the pesticide sulfoxaflor (CAS No. 946578-00-3) 
to treat up to 168,750 acres of cotton in Tennessee, up to 320,000 of 
acres of cotton fields in Arkansas and up to 337,500 acres of cotton 
fields in Mississippi to control tarnished plant bug. The applicants 
propose a use of a pesticide, sulfoxaflor, which is now considered to 
be unregistered under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) owing to the vacature of sulfoxaflor 
registrations by the United States District court for the Central 
District of California. In accordance with 40 CFR 166.24(a)(7), EPA is 
soliciting public comment before making the decision whether or not to 
grant the exemption.

DATES: Comments must be received on or before May 20, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0225, by one of the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@epa.gov.

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 http://www.epa.gov/dockets/comments.html.
    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 
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 Tennessee Department 
of Agriculture, the Arkansas State Plant Board and the Mississippi 
Departments of Agriculture and Commerce have requested the EPA 
Administrator to issue specific exemptions for the use of sulfoxaflor 
on cotton to control tarnished plant bug. Information in accordance 
with 40 CFR part 166 was submitted as part of this request.
    In addition to TDA, ASPB, and MDAC, numerous states have previously 
requested specific exemptions for the use of sulfoxaflor on cotton to 
control tarnished plant bug (Lygus lineolaris) and are expected to 
submit similar requests.
    The applicants propose to make no more than four applications of 
Tranform WG per acre per year. Annual use will not exceed 0.266 lbs of 
active ingredient per acre for all states. Tennessee has requested to 
treat a total of 168,750 acres of cotton fields. In Arkansas, up to 
320,000 of acres of cotton fields are requested to be treated. In 
Mississippi up to 337,500 acres of cotton fields are requested to be 
treated to control tarnished plant bug. The use season is from June 
2016 through September 2016 for Tennessee and June 2016 through October 
2016 for Arkansas and Mississippi. In Tennessee, the maximum amount of 
insecticide that could be applied is 89,648 lbs of formulated product 
applied foliarly by air or ground. In Arkansas, the maximum amount of 
insecticide that could be applied is 160,000 lbs of formulated product 
applied foliarly. In Mississippi, the maximum amount of insecticide 
that could be applied is 179,297 lbs of formulated product applied 
foliarly
    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 specific 
exemptions proposing a use of a pesticide that has be subject to a 
judicial vacature, however, EPA

[[Page 27130]]

considers public notice appropriate in this instance. Accordingly, this 
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 
exemptions requested by the Tennessee Department of Agriculture, the 
Arkansas State Plant Board and the Mississippi Departments of 
Agriculture and Commerce.
    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 
exemptions requested by the Tennessee Department of Agriculture, the 
Arkansas State Plant Board and the Mississippi Departments of 
Agriculture and Commerce.

    Authority:  7 U.S.C. 136 et seq.

    Dated: April 28, 2016.
Daniel J. Rosenblatt, Acting,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-10584 Filed 5-4-16; 8:45 am]
 BILLING CODE 6560-50-P
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