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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3207-3208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00540]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0629; FRL-12544-01-OCSPP]

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 
pesticide clothianidin (CAS No. 210-880-92-5) to treat up to 75,000 
acres of immature (3-5 years old) citrus trees to control the 
transmission of Huanglongbing (HLB) disease vectored by the Asian 
Citrus Psyllid. The applicant proposes a use that has been requested in 
5 or more previous years and for which a complete application for 
registration or tolerance petition has not been submitted to the 
Agency. 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 29, 2025.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0629, online 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: 
[email protected].

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 CBI to EPA through email or 
https://www.regulations.gov. If you wish to include CBI in your 
comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
information that you claim to be CBI. 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

[[Page 3208]]

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, especially when it comes to 
protecting young (3-5) year old citrus trees from HLB infection. The 
future of the citrus industry remains at risk due to no effective means 
to limit the infection levels of these young trees that actively flush 
new foliage throughout the year.
    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 75,000 acres of immature (3-5 years old) 
citrus trees grown in Florida from April 16, 2025-April 16, 2026. A 
total of 14,943 lbs. active ingredient of clothianidin may be used on 
the maximum acreage of 75,000 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-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: January 7, 2025.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2025-00540 Filed 1-13-25; 8:45 am]
BILLING CODE 6560-50-P
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