[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Notices]
[Pages 53704-53705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20045]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0210; FRL-7372-2]


Benfluralin; Availability of Reregistration Eligibility Decision 
Document

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces availability of EPA's Reregistration 
Eligibility Decision (RED) document for the pesticide active ingredient 
Benfluralin. Benfluralin is a pre-emergent dinitroaniline herbicide 
used to control weeds in turf and ornamental plants, lettuce, alfalfa, 
clover, birdsfoot trefoil, nonbearing fruit and nut trees, nonbearing 
berries, and nonbearing vineyards. The Agency has completed its 
assessment of the occupational, residential, and ecological risk 
associated with the use of pesticide products containing the active 
ingredient benfluralin. Based on a review of these data and on public 
comments on the Agency's assessments for the active ingredient 
benfluralin, the Agency has sufficient information on the human health 
and ecological effects of benfluralin to make decisions as part of the 
tolerance reassessment process under the Federal Food, Drug, and 
Cosmetic Act (FFDCA) and reregistration process under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended by the 
Food Quality Protection Act (FQPA). The Agency has determined that 
benfluralin containing products are eligible for reregistration 
provided that: Current data gaps and confirmatory data needs are 
addressed; the risk mitigation measures outlined in the RED are 
adopted; and label amendments are made to reflect these measures.

FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0166; 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. This action may, 
however, be of interest to persons who are or may be required to 
conduct testing of chemical substances under the FIFRA or the FFDCA; 
environmental, human health, and agricultural advocates; pesticides 
users; and members of the public interested in the use of pesticides. 
Since other entities may also 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 Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2004-0210. 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), Rm. 119, Crystal Mall 2, 
1801 S. Bell Street, Arlington, VA. 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/. To access RED documents and 
RED fact sheets electronically, go directly to the REDs table on EPA's 
Office of Pesticide Programs Home Page, at http://www.epa.gov/pesticides/reregistration/status.htm.
    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 view previously 
submitted 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 EPA's 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's electronic 
public docket.EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket 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's electronic public docket. 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's electronic public docket. 
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's electronic public docket.

II. Background

A. What Action is the Agency Taking?

    The Agency has issued a RED for the pesticide benfluralin. 
Benfluralin is a pre-emergent dinitroaniline herbicide used to control 
weeds in turf and ornamental plants, lettuce, alfalfa, clover, 
birdsfoot trefoil, nonbearing fruit and nut trees, nonbearing berries, 
and nonbearing vineyards. Most of the benfluralin used is applied to 
turf. Under FIFRA, as amended in 1988, EPA is conducting a 
reregistration program to reevaluate existing pesticides to make sure 
they meet current scientific and regulatory standards. The data base to 
support the reregistration of benfluralin is substantially complete, 
and its risks have been mitigated so that it will not pose unreasonable 
risks to people or the environment when used according to its approved 
labeling. In addition, EPA is reevaluating existing pesticides and

[[Page 53705]]

reassessing tolerances under FQPA of 1996. The benfluralin tolerances 
have been found to meet the FQPA safety standard.
    Through the Agency's public participation process, EPA worked 
extensively with stakeholders and the public to reach the regulatory 
decisions for benfluralin. During the public comment period on the risk 
assessments, which closed on April 26, 2004, the Agency received 
comments from two commentors, Dow Agrosciences and the U.S. Fish and 
Wildlife Service. An individual response to these comments is being 
prepared by EPA and will be made available in the public docket. 
Because so few comments were received in the earlier comment period, 
the Agency does not anticipate significant interest from stakeholders 
on the RED for benfluralin. Therefore, EPA is not having a comment 
period on this document.

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

    The legal authority for these REDs falls under FIFRA, as amended in 
1988 and 1996. Section 4(g)(2)(A) of FIFRA 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.''

List of Subjects

    Environmental protection, Chemicals, Pesticides and pests.

    Dated: August 18, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 04-20045 Filed 9-1-04; 8:45 am]
BILLING CODE 6560-50-S