[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66842-66843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21184]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0463; FRL-11396-01-OCSPP]


Metamitron; 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 specific exemption requests from the Colorado 
and Nebraska Departments of Agriculture to use the pesticide metamitron 
(CAS No. 41394-05-2) to treat up to 69,596 acres of sugar beets to 
control the invasive weed, Palmer amaranth. The applicants propose the 
use of a new chemical which has not been registered by EPA. EPA is 
soliciting public comment before making the decision whether or not to 
grant the exemptions, in accordance with the regulation at 40 Code of 
Federal Regulations (CFR) part 166.24(a)(1).

DATES: Comments must be received on or before October 13, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2023-0463, through the Federal eRulemaking 
Portal at 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. Additional 
instructions on commenting and visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

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) 566-2875; email address: 
<a href="/cdn-cgi/l/email-protection#a8faeceefae6c7dcc1cbcddbe8cdd8c986cfc7de"><span class="__cf_email__" data-cfemail="17455351455978637e7472645772677639707861">[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 
https://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 
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 and Nebraska 
Departments of Agriculture have requested the EPA Administrator to 
issue specific exemptions for the use of metamitron on sugar beets to 
control Palmer amaranth. Information in accordance with 40 CFR part 166 
was submitted as part of the requests.
    As part of this request, the applicants assert that emergency 
conditions exist due to insufficient means to control Palmer amaranth 
in sugar beets, and the use of metamitron will help avert significant 
economic losses.
    The Applicants propose to apply a total of 64 fluid ounces per acre 
of the unregistered product, Goltix 700 SC (containing 58.3% 
metamitron, equivalent to 5.84 lbs. of metamitron per gallon of 
product) on up to 22,468 acres of sugar beets in Colorado, and 47,128 
acres in Nebraska (total of 69,596 acres) from April 1 to May 31, 2024, 
using a potential product maximum of 11,234 gallons in Colorado and 
23,564 gallons in Nebraska (total of 34,798 gallons of Goltix 700 SC, 
equivalent to 203,221 lbs. of metamitron).

[[Page 66843]]

    This notice does not constitute a decision by EPA on the 
applications themselves. The regulations governing FIFRA section 18 at 
40 CFR part 166.24(a)(1) 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 applications.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemptions requested by the Colorado and Nebraska Departments of 
Agriculture.
    Authority: 7 U.S.C. 136 et seq.

    Dated: September 21, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-21184 Filed 9-27-23; 8:45 am]
BILLING CODE 6560-50-P


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