[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90181-90182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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) 566-1030; email address: 
<a href="/cdn-cgi/l/email-protection#b0e2f4f6e2fedfc4d9d3d5c3f0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="782a3c3e2a36170c111b1d0b381d0819561f170e">[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 
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/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(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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