Sulfoxaflor; Receipt of Application for Emergency Exemption, Solicitation of Public Comment, 4623-4624 [2016-01571]

Download as PDF Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices burden from the most recently approved ICR. The increase in respondent labor hour is caused by a change in assumption; in this ICR, we assume all existing sources will take some time each year to re-familiarize themselves with the rule requirements. There is also a small increase in the total O&M cost due to rounding of all calculated values to three significant digits. Courtney Kerwin, Acting Director, Collection Strategies Division. [FR Doc. 2016–01635 Filed 1–26–16; 8:45 am] BILLING CODE 6560–50–P Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for EPA. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OECA–2012–0525; FRL–9941– 78–OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Chemical Manufacturing Area Sources Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency has submitted an information collection request (ICR), ‘‘NESHAP for Chemical Manufacturing Area Sources (40 CFR part 63, subpart VVVVVV)’’ (EPA ICR No. 2323.06, OMB Control No. 2060–0621) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through January 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015 during a 60day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: Additional comments may be submitted on or before February 26, 2016. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–OECA–2012–0525, to (1) EPA online using www.regulations.gov (our preferred method), by email to docket.oeca@epa.gov, or by mail to: EPA Docket Center, Environmental asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:41 Jan 26, 2016 Jkt 238001 Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564–2970; fax number: (202) 564–0050; email address: yellin.patrick@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Abstract: These standards apply to the area source NESHAP for chemical manufacturing (40 CFR part 63, subpart VVVVVV). There are nine area source categories in the chemical manufacturing sector: Agricultural Chemicals and Pesticides Manufacturing, Cyclic Crude and Intermediate Production, Industrial Inorganic Chemical Manufacturing, Industrial Organic Chemical Manufacturing, Inorganic Pigments Manufacturing, Miscellaneous Organic Chemical Manufacturing, Plastic Materials and Resins Manufacturing, Pharmaceutical Production, and Synthetic Rubber Manufacturing. The requirements apply to process vents, storage tanks, equipment leaks, wastewater systems, transfer operations, and heat exchange systems at affected sources in each area source category and are combined in one subpart. The standards are based on EPA’s determination of generally available control technology (GACT) or management practices for each area source category. Form Numbers: None. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 4623 Respondents/affected entities: Chemical manufacturing area source facilities. Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart VVVVVV). Estimated number of respondents: 498 (total). Frequency of response: Initially and semiannually. Total estimated burden: 9,590 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $2,220,000 (per year), includes $1,250,000 annualized capital or operation & maintenance costs. Changes in the Estimates: There is an adjustment decrease in the respondent burden and number of responses from the most recently approved ICR. The decrease occurred because the rule has been in effect for three years, and the burden associated with initial compliance (e.g. initial performance tests and notification reports) differ from the burden for ongoing compliance (e.g. submittal of semiannual reports). However, there is an adjustment increase in the total capital and O&M cost. This is primarily due to two reasons: (1) The previous ICR presented capital costs as annualized costs over 15 years, rather than one-time costs; and (2) the total number of sources with O&M cost (i.e. maintain systems and monitors) has increased now that the rule is fully implemented. Courtney Kerwin, Acting Director, Collection Strategies Division. [FR Doc. 2016–01636 Filed 1–26–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2014–0643; FRL–9941–32] Sulfoxaflor; Receipt of Application for Emergency Exemption, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received a specific exemption request from the Texas Department of Agriculture to use the insecticide sulfoxaflor (CAS No. 946578–00–3) to treat up to 3,000,000 acres of sorghum to control sugarcane aphid. The applicant proposes 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 SUMMARY: E:\FR\FM\27JAN1.SGM 27JAN1 4624 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices vacature of sulfoxaflor registrations by the United States District Court for the Central District of California. In accordance with 40 CFR 166.24, EPA is soliciting public comment before making a decision whether or not to grant the exemption. B. What should I consider as I prepare my comments for EPA? SUPPLEMENTARY INFORMATION: 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 discussed in this document, compared to the general population. I. General Information II. What action is the Agency taking? A. Does this action apply to me? 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 Texas Department of Agriculture has requested the EPA Administrator to issue a repeat specific exemption for the use of sulfoxaflor on sorghum to control sugarcane aphid. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the applicant asserts that an emergency situation exists based on unusually high populations of sugarcane aphid (Melanaphis sacchari), which can cause Comments must be received on or before February 11, 2016. DATES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2014–0643, by one of the following methods: • Federal eRulemaking Portal: 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. • 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 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: asabaliauskas on DSK5VPTVN1PROD with NOTICES 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. 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). VerDate Sep<11>2014 19:41 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 direct plant death from aphid feeding as well as indirect damage and harvesting problems from the aphid honeydew residue in Texas sorghum fields. Based on information provided by the states in previous submissions, sugarcane aphid is either a new pest or new biotype of M. sacchari. Currently, there are no registered insecticides or any economically or environmentally feasible alternative control practices available to adequately control this nonroutine pest infestation. The state has asserted that without the use of sulfoxaflor, uncontrolled aphid infestations are likely to result in significant economic losses. The applicant proposes to make no more than two applications at a rate of 0.75–1.5 ounces of product (0.023–0.047 lb a.i.) per acre or a seasonal maximum application rate of 3.0 ounces of product (0.094 lb a.i.) per acre per year, resulting in the use of 70,314 gallons of product. A maximum of 3,000,000 acres of sorghum fields (grain and forage) may be treated in Texas. Applications would potentially be made through November 30, 2016. This notice does not constitute a decision by EPA on the application itself. The regulations governing FIFRA section 18 do not expressly 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 vacatur, however, EPA considers public notice appropriate in this instance. Accordingly, this 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 Texas Department of Agriculture. Authority: 7 U.S.C. 136 et seq. Dated: January 15, 2016. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2016–01571 Filed 1–26–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2015–0849; FRL–9941–48] Receipt of Application for Emergency Exemptions for Oxytetracycline and Streptomycin; Solicitation of Public Comment Environmental Protection Agency (EPA). AGENCY: E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4623-4624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01571]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0643; FRL-9941-32]


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 Texas 
Department of Agriculture to use the insecticide sulfoxaflor (CAS No. 
946578-00-3) to treat up to 3,000,000 acres of sorghum to control 
sugarcane aphid. The applicant proposes 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

[[Page 4624]]

vacature of sulfoxaflor registrations by the United States District 
Court for the Central District of California. In accordance with 40 CFR 
166.24, EPA is soliciting public comment before making a decision 
whether or not to grant the exemption.

DATES: Comments must be received on or before February 11, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2014-0643, by one of the following methods:
     Federal eRulemaking Portal: 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.
     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 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: 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 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 
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 Texas 
Department of Agriculture has requested the EPA Administrator to issue 
a repeat specific exemption for the use of sulfoxaflor on sorghum to 
control sugarcane aphid. Information in accordance with 40 CFR part 166 
was submitted as part of this request.
    As part of this request, the applicant asserts that an emergency 
situation exists based on unusually high populations of sugarcane aphid 
(Melanaphis sacchari), which can cause direct plant death from aphid 
feeding as well as indirect damage and harvesting problems from the 
aphid honeydew residue in Texas sorghum fields. Based on information 
provided by the states in previous submissions, sugarcane aphid is 
either a new pest or new biotype of M. sacchari. Currently, there are 
no registered insecticides or any economically or environmentally 
feasible alternative control practices available to adequately control 
this non-routine pest infestation. The state has asserted that without 
the use of sulfoxaflor, uncontrolled aphid infestations are likely to 
result in significant economic losses.
    The applicant proposes to make no more than two applications at a 
rate of 0.75-1.5 ounces of product (0.023-0.047 lb a.i.) per acre or a 
seasonal maximum application rate of 3.0 ounces of product (0.094 lb 
a.i.) per acre per year, resulting in the use of 70,314 gallons of 
product. A maximum of 3,000,000 acres of sorghum fields (grain and 
forage) may be treated in Texas. Applications would potentially be made 
through November 30, 2016.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 do not 
expressly 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 vacatur, however, EPA considers public notice 
appropriate in this instance. Accordingly, this 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 Texas Department of Agriculture.

    Authority: 7 U.S.C. 136 et seq.

    Dated: January 15, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-01571 Filed 1-26-16; 8:45 am]
 BILLING CODE 6560-50-P
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