[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Pages 81199-81200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27539]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0570; FRL-10016-95]


Broflanilide; 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 
Washington State Department of Agriculture to use the pesticide 
broflanilide (CAS No. 1207727-04-5) to treat an amount of spring wheat 
seed sufficient to plant up to 206,000 acres to control wireworms. The 
applicant proposes the use of a new chemical which has not been 
registered by EPA.

DATES: Comments must be received on or before December 30, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2020-0570, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online

[[Page 81200]]

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.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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: In accordance with the regulations at 40 CFR 
166.24(a)(1), EPA is soliciting public comment before making the 
decision whether or not to grant the exemption.

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(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 Washington State 
Department of Agriculture (WSDA) has requested the EPA Administrator to 
issue a specific exemption for the use of broflanilide (CAS No. 
1207727-04-5) as a seed treatment on spring wheat to control wireworms. 
Information in accordance with 40 CFR part 166 was submitted as part of 
this request.
    As part of this request, the applicant stated that the currently 
registered products do not provide adequate control of wireworms, which 
are having a devastating and severe impact upon wheat fields and 
growers, especially in the dryland wheat growing counties of eastern 
Washington. Approximately 1,029 lbs. of the active ingredient 
broflanilide would be needed for this emergency exemption program. 
Additional information regarding the critical need for the emergency 
and the proposed use pattern can be found in the section 18 emergency 
exemption application request at http://www.regulations.gov, under the 
docket number EPA-HQ-OPP-2020-0570.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 
emergency exemptions require publication of a notice of receipt of an 
application for an emergency exemption if it proposes the use of a new 
chemical which has not been registered by EPA. Broflanilide is not 
currently registered.
    This notice provides an opportunity for public comment on this 
application. The Agency will review and consider all comments received 
during the comment period in determining whether to issue the specific 
exemption requested by WSDA.

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

    Dated: November 23, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2020-27539 Filed 12-14-20; 8:45 am]
BILLING CODE 6560-50-P


