[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3702-3704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1028]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0347; FRL-7691-3]


Fluazifop-P-butyl; Risk Assessment(s) (Phase 3 of 4-Phase 
Process); Notice of Availability

AGENCY: Environmental Protection Agency(EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk 
assessment(s) and related technical support documents for the pesticide 
fluazifop-P-butyl and opens a public comment period on these documents. 
Fluazifop-P-butyl is a selective, post-emergent herbicide registered 
for the control of annual and perennial grass weeds. EPA is developing 
a tolerance reassessment decision (TRED) for fluazifop-P-butyl through 
a modified, 4-Phase public participation process that the Agency uses 
to involve the public in developing pesticide reregistration and 
tolerance reassessment decisions. Through these programs, EPA is 
ensuring that all pesticides meet current health and safety standards.

DATES: Comments, identified by docket identification (ID) number OPP-
2004-0347, must be received on or before March 28, 2005.

ADDRESSES:  Comments may be submitted electronically, by mail or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:  Cathryn O'Connell, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0136; fax 
number: (703) 308-8041; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health and agricultural advocates; the chemical industry; pesticide 
users and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other RelatedInformation?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2004-0347. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Public Information and Records Integrity Branch (PIRIB), Room 119, 
Crystal Mall 2, 1801 S. Bell Street, Arlington, VA 22202-4501. 
This docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The docket telephone number is (703) 
305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at  http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA Dockets. EPA's 
policy is that copyrighted material will not be placed in EPA Dockets 
but will be available only in printed, paper form in the official 
public docket. To the extent feasible, publicly available docket 
materials will be made available in EPA Dockets. When a document is 
selected from the index list in EPA Dockets, the system will identify 
whether the document is available for viewing in EPA Dockets. Although 
not all docket materials may be available electronically, you may still 
access any of the publicly available docket materials through the 
docket facility identified in Unit I.B.1. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA Dockets.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA Dockets as EPA 
receives them and without change, unless the comment contains 
copyrighted material, CBI or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in EPA Dockets. The entire 
printed comment, including the copyrighted

[[Page 3703]]

material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA Dockets. Public 
comments that are mailed or delivered to the docket will be scanned and 
placed in EPA Dockets. Where practical, physical objects will be 
photographed, and the photograph will be placed in EPA Dockets along 
with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.''. EPA is not required to 
consider these late comments. If you wish to submit CBI or information 
that is otherwise protected by statute, please follow the instructions 
in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or 
information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket and 
made available in EPA Dockets. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA Dockets to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the 
online instructions for submitting comments. Once in the system, select 
``search'' and then key in docket ID number OPP-2004-0347. The system 
is an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address or other contact information, unless you 
provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2004-0347. In contrast to EPA Dockets, 
EPA's e-mail system is not an ``anonymous access''system. If you send 
an e-mail comment directly to the docket without going through EPA 
Dockets, EPA's e-mail system automatically captures your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket and made available in EPA Dockets.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2.  By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2004-0347.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Room 119, Crystal Mall 
2, 1801 S. Bell Street, Arlington, VA 22202-4501, Attention: 
Docket ID Number OPP-2004-0347. Such deliveries are only accepted 
during the docket's normal hours of operation as identified in Unit 
I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA Dockets or by e-mail. You may claim 
information that you submit to EPA as CBI by marking any part or all of 
that information as CBI (if you submit CBI on disk or CD ROM, 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 CBI). 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any 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 and EPA Dockets. If you submit the copy that does 
not contain CBI on disk or CD ROM, mark the outside of the disk or CD 
ROM clearly that it does not contain CBI. Information not marked as CBI 
will be included in the public docket and EPA Dockets without prior 
notice. If you have any questions about CBI or the procedures for 
claiming CBI, please consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period 
deadlineidentified.
    8. To ensure proper receipt by EPA, identify the docket ID number 
assigned to this action in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date and 
Federal Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health risk 
assessment(s) and related technical support documents for fluazifop-P-
butyl. EPA developed the risk assessment(s) for fluazifop-P-butyl 
through a modified version of its public process for making pesticide 
reregistration eligibility and tolerance reassessment decisions. 
Through these programs, EPA is ensuring that pesticides meet current 
standards under the Federal Insecticide, Fungicide and Rodenticide Act 
(FIFRA) and the Federal Food, Drug and Cosmetic Act (FFDCA), as amended 
by the Food Quality Protection Act of 1996 (FQPA).
    Fluazifop-P-butyl is a selective, post-emergent herbicide 
registered for the control of annual and perennial grass weeds and is 
currently registered for food/feed use on asparagus, carrot,

[[Page 3704]]

coffee, cotton, endive (escarole), garlic, macadamia nut, onion, pecan, 
pepper, rhubarb, soybeans, stone fruits, sweet potato and yam, as well 
as for use on lawns/turf.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide comments and input on the Agency's risk 
assessment(s) for fluazifop-P-butyl. Such comments and input could 
address, for example, the availability of additional data to further 
refine the risk assessments, or could address the Agency's risk 
assessment methodologies and assumptions as applied to this specific 
pesticide.
    EPA seeks to achieve environmental justice, the fair treatment and 
meaningful involvement of all people, regardless of race, color, 
national origin or income, 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, unusually high exposure to fluazifop-P-butyl, compared to the 
general population.
    EPA is applying the principles of public participation to all 
pesticides undergoing reregistration and tolerance reassessment. The 
Agency's Pesticide Tolerance Reassessment and Reregistration; Public 
Participation Process, published in the Federal Register on May 14, 
2004, explains that in conducting these programs, the Agency is 
tailoring its public participation process to be commensurate with the 
level of risk, extent of use, complexity of the issues and degree of 
public concern associated with each pesticide. For fluazifop-P-butyl, a 
modified, 4-Phase process with 1 comment period and ample opportunity 
for public consultation seems appropriate in view of its refined risk 
assessments.
    However, if as a result of comments received during this 60-day 
comment period EPA finds that additional issues warranting further 
discussion are raised, the Agency may lengthen the process and include 
a second comment period, as needed. EPA may issue the fluazifop-P-butyl 
TRED for public comment.
    All comments should be submitted using the methods in Unit I. of 
the SUPPLEMENTARY INFORMATION, and must be received by EPA on or before 
the closing date. Comments will become part of the Agency Docket for 
fluazifop-P-butyl. Comments received after the close of the comment 
period will be marked ``late''. EPA is not required to consider these 
late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission 
of all data concerning a pesticide active ingredient, ``the 
Administrator shall determine whether pesticides containing such active 
ingredient are eligible for reregistration,'' before calling in 
product-specific data on individual end-use products and either 
reregistering products or taking other``appropriate regulatory action''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to 
review tolerances and exemptions for pesticide residues in effect as of 
August 2, 1996, to determine whether the tolerance or exemption meets 
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review 
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 6, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 05-1028 Filed 1-25-05; 8:45 am]
BILLING CODE 6560-50-S