Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28069 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2016–0188; FRL–9945–83] 

Sulfoxaflor; Receipt of Application for 

Emergency Exemption, Solicitation of 

Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a specific 

exemption request from the Idaho State 

Department of Agriculture to use the 

pesticide sulfoxaflor (CAS No. 946578– 

00–3) to treat up to 12,000 acres of 

alfalfa grown for seed to control lygus 

bugs. 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 24, 2016. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2016–0188, 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 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 Idaho State 

Department of Agriculture has requested 

the EPA Administrator to issue a 

specific, exemption for the use of 

sulfoxaflor on alfalfa grown for seed to 

control lygus bugs. Information in 

accordance with 40 CFR part 166 was 

submitted as part of this request. 

The Applicant proposes to make no 

more than two applications per year of 

Transform WG, 0.047 to 0.086 pounds of 

active ingredient per application. 12,000 

total acres of alfalfa grown for seed are 

requested to be treated. Ground 

applications must be made in a 

minimum of 15 gallons of water per 

acre. The use season is May 30, 2016 

through August 31, 2016. The chemical 

is requested to be used in the State of 

Idaho within the counties of Ada, 

Canyon, Cassia, Franklin, Jerome, 

Oneida, Owyhee, Payette, and Twin 

Falls. 

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 of a 

pesticide that has been subject to a 

judicial vacature, however, EPA 

considers public notice appropriate in 

this instance. Accordingly, 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 Idaho State Department 

of Agriculture. 

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. 2016–10845 Filed 5–6–16; 8:45 am] 

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