8674 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

can be found at: http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: February 2, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–02609 Filed 2–7–24; 8:45 am] 

BILLING CODE 6717–01–P 

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 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. To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

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: RDFR

Notices@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 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 

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(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 nonnative 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 


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Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2023–0074; FRL–11590–01– 

OCSPP] 

Cancellation Order for Certain 

Pesticide Registrations and 

Amendments to Terminate Uses 

Correction 

In notice document 2023–28547, 

beginning on page 89448 in the issue of 

Wednesday, December 27, 2023, make 

the following correction: 

On page 89449, in the first column, 

beginning on the 13th line beneath the 

‘‘Section IV. Cancellation Order’’ the 

text ‘‘[INSERT DATE OF PUBLICATION 

IN THE Federal Register]’’ should read 

‘‘December 27, 2023’’. 

[FR Doc. C1–2023–28547 Filed 2–7–24; 8:45 am] 

BILLING CODE 0099–10–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2023–0607; FRL–11686–01– 

OCSPP] 

Pesticides; Flexible Packaging; Child 

Resistant Packaging Requirements; 

Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has determined that 

pesticide products marketed in flexible 

packaging (e.g., pouches) 20 fluid 

ounces or less in size with labeling 

either directly recommending 

residential use or reasonably interpreted 

to permit residential use are subject to 

the Child Resistant Packaging (CRP) 

mitigation measures, regardless of acute 

toxicity requirements, based on the 

visual similarity of the packaging design 

to children’s food products. As such, 

pesticide applicants and registrants 

must comply with CRP for this 

packaging type at the size limits 

specified when labeled for or reasonably 

interpreted to permit residential use and 

EPA will evaluate applications for new 

products or amendments to currently 

registered products submitted to EPA 

under the Federal Insecticide, Fungicide 

and Rodenticide Act (FIFRA), as 

amended by the Pesticide Registration 

Improvement Act of 2022 (referred to as 

‘‘PRIA 5’’). Changes to packaging to 

implement CRP measures on existing 

products must be submitted as 

described in this document to allow for 

CRP data review. Additionally, the 

Agency is including recommended 

labeling mitigation for all flexible 

packaging, regardless of packaging size 

and intended use site. 

DATES: If a registrant has a registered 

pesticide product in flexible packaging 

that is not compliant with this 

determination, the registrant must 

contact the appropriate EPA Product 

Manager by August 6, 2024. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0607, is 

available online at https://

www.regulations.gov. Additional 

information about dockets generally, 

along with instructions for visiting the 

docket in-person is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Registration Division 

(7505M), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (703) 

305–7090; email address: RDFR

Notices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you currently market or 

propose to market a pesticide in flexible 

packaging (e.g., pouches). The following 

list of entities with 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 is the Agency’s authority for 

taking this action? 

EPA is taking this action pursuant to 

the Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA), 7 U.S.C. 136 

et seq., as amended by the Pesticide 

Registration Improvement Act of 2022 

(referred to as ‘‘PRIA 5’’), Public Law 

117–328, and the packaging 

requirements for pesticides and devices 

promulgated in 40 CFR part 157. 

C. What action is the Agency taking? 

This document announces that EPA 

has determined pursuant to 40 CFR 

157.22(a)(6) and (b), that pesticide 

products marketed in flexible packaging 

(e.g., pouches) in 20 fluid ounces or less 

in size with labeling either directly 

recommending residential use or 

reasonably interpreted to permit 

residential use are subject to the Child 

Resistant Packaging (CRP) mitigation 

measures, regardless of acute toxicity 

requirements, based on the visual 

similarity of the packaging design to 

children’s food products. As such, 

pesticide applicants and registrants 

must comply with CRP for this 

packaging type at the size limits 

specified when labeled for or reasonably 

interpreted to permit residential use and 

EPA will evaluate applications for new 

products or amendments to currently 

registered products submitted to EPA 

under IFRA, as amended by PRIA 5. 

Changes to packaging to implement CRP 

measures on existing products must be 

submitted as described in this document 

to allow for CRP data review. 

Additionally, the Agency is including 

recommended labeling mitigation for all 

flexible packaging, regardless of 

packaging size and intended use site. 

II. Background 

EPA has seen an increased interest 

from pesticide manufacturers in the use 

of flexible packaging (e.g., pouches) to 

store and distribute products, especially 

insecticides and herbicides that 

residential users can dilute and apply to 

their lawn and garden. These packages 

contain a concentrated form of pesticide 

product, without added water, which 

ready-to-use (RTU) products typically 

contain. By removing the water, 

pesticide packaging is smaller and 


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