[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51523-51524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13352]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0222; FRL-11995-01-OCSPP]
Helicoverpa zea nudivirus 2 strain 90DR71; 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
Colorado Department of Agriculture (CDA) to use the pesticide
Helicoverpa zea nudivirus 2 strain 90DR71 to treat up to 1,750 acres of
sweet corn in Delta and Montrose Counties in CO to manage corn earworm.
The applicant proposes the use of an active ingredient not included in
any currently registered pesticide products. EPA is soliciting public
comment before making the decision whether or not to grant the
exemption.
DATES: Comments must be received on or before July 3, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0222, 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/where-send-comments-epa-dockets.
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: (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).
[[Page 51524]]
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 Colorado Department
of Agriculture has requested the EPA Administrator to issue a specific
exemption for the use of Helicoverpa zea nudivirus 2 strain 90DR71 to
control corn earworm in sweet corn. Information in accordance with 40
CFR part 166 was submitted as part of this request.
As part of this request, the applicant states that unprecedented
outbreaks in 2023 of corn earworm (Helicoverpa zea) were not adequately
controlled, leading to average losses of 52%. Testing suggests
widespread insecticide resistance has developed, and the applicant
asserts that there is an urgent need for additional methods to manage
corn earworm to produce an economically viable sweet corn crop in
Colorado. The active ingredient of the requested use is an insect virus
transmitted by mating, which infects the reproductive tissues of adult
moths, causing them to produce fewer eggs with many developing into
sterile adult moths. Similar to successful sterile insect techniques
used for other pest species, the use would be part of an area-wide
strategy, including insecticides targeting the eggs and larvae.
Treatment is via release of sterile moths carrying this virus, and
field trials have demonstrated reductions in both larvae and corn ear
damage relative to controls.
The Applicant proposes to make no more than two applications per
treatment site, releasing up to 100 sterile moths per acre, between
June 15 to September 23, 2024, at approximately 21 and 15 days prior to
harvest of the crop. Overall, an estimated total of 350,000 sterile
moths would be used over approximately 1,750 acres.
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 use of a new chemical (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 Colorado Department of Agriculture.
Authority: 7 U.S.C. 136 et seq.
Dated: May 29, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-13352 Filed 6-17-24; 8:45 am]
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