DQB Males (Wolbachia pipientis, DQB Strain, Contained in Live Adult Culex quinquefasciatus Males); Receipt of Application for Emergency Exemption, Solicitation of Public Comment, 8674-8675 [2024-02586]

Download as PDF 8674 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices can be found at: https://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 I. General Information [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 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:34 Feb 07, 2024 Jkt 262001 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: 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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 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] lotter on DSK11XQN23PROD with NOTICES1 Pesticides; Flexible Packaging; Child Resistant Packaging Requirements; Notice of Availability Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) has determined that pesticide products marketed in flexible SUMMARY: VerDate Sep<11>2014 17:34 Feb 07, 2024 Jkt 262001 8675 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: 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). I. Executive Summary 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 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 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8674-8675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02586]


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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: [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 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 non-native 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

[[Page 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
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