[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Notices]
[Pages 7937-7938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2977]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0220; FRL-7694-9]


2,4-DB (4-2,4-Dichlorophenoxy) butyric acid and 2,4-DB-DMAS 
(Dimethylamine 4-2,4-Dichlorophenoxy) Butyrate Reregistration 
Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decision (RED) for the pesticide 2,4-DB (4-2,4-
dichlorophenoxy) butyric acid and 2,4-DB-DMAS (dimethylamine 4-2,4-
dichlorophenoxy) butyrate. The Agency's risk assessments and other 
related documents also are available in the 2,4-DB butyric acid and 
2,4-DB-DMAS butyrate docket. 2,4-DB is a member of the chlorophenoxy 
class of herbicides which function by mimicking the action of auxins, 
plant growth hormones. 2,4-DB is used to control broadleaf weeds in 
alfalfa, clover, soybeans, peanuts, peppermint, spearmint, and birdfoot 
trefoil. 2,4-DB is manufactured as an acid and as the dimethylamine 
salt, 2, 4-DB-DMAS. EPA has reviewed 2,4-DB butyric acid and 2,4-DB-
DMAS butyrate through the 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.

FOR FURTHER INFORMATION CONTACT: Mika J. Hunter, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0041; 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 Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2004-0220. 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 St., 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/.
     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 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. 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. 
Once in the system, select ``search,'' then key in the appropriate 
docket ID number.

II. Background

A. What Action is the Agency Taking?

     Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. EPA 
has completed a Reregistration Eligibility Decision (RED) for the 
pesticide, 2,4-DB butyric acid and 2,4-DB-DMAS butyrate under section 
4(g)(2)(A) of FIFRA. 2,4-DB and 2,4-DB-DMAS are chlorophenoxy 
herbicides used to control broadleaf weeds in alfalfa, clover, 
soybeans,

[[Page 7938]]

peanuts, peppermint, spearmint, and birdfoot trefoil. End-use products 
are formulated as soluble, emulsifiable, or flowable concentrates and 
can be applied aerially or on the ground. EPA has determined that the 
data base to support reregistration is substantially complete and that 
products containing 2,4-DB butyric acid and 2,4-DB-DMAS butyrate are 
eligible for reregistration, provided the risks are mitigated either in 
the manner described in the RED or by another means that achieve 
equivalent risk reduction. Upon submission of any required product-
specific data under section 4(g)(2)(B) and any necessary changes to the 
registration and labeling (either to address concerns identified in the 
RED or as a result of product-specific data), EPA will make a final 
reregistration decision under section 4(g)(2)(C) for products 
containing 2,4-DB butyric acid and 2,4-DB-DMAS butyrate.
     EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act (FQPA) was enacted in 
August 1996, to ensure that these existing pesticide residue limits for 
food and feed commodities meet the safety standard established by the 
new law. Tolerances are considered reassessed once the safety finding 
has been made or a revocation occurs. EPA has reviewed and made the 
requisite safety finding for the 2,4-DB butyric acid and 2,4-DB-DMAS 
butyrate tolerances included in this notice.
     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 of May 14, 
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these 
programs, EPA is tailoring its public participation process to be 
commensurate with the level of risk, extent of use, complexity of 
issues, and degree of public concern associated with each pesticide. 
Due to its uses, risks, and other factors, 2,4-DB butyric acid and 2,4-
DB-DMAS butyrate was reviewed through the modified 4-Phase public 
participation process. Through this process, EPA worked extensively 
with stakeholders and the public to reach the regulatory decisions for 
2,4-DB butyric acid and 2,4-DB-DMAS butyrate.
     The reregistration program is being conducted under 
Congressionally mandated time frames, and EPA recognizes the need both 
to make timely decisions and to involve the public. Another comment 
period is not needed because all issues related to this pesticide were 
resolved through consultations with stakeholders. The Agency therefore 
is issuing the 2,4-DB butyric acid and 2,4-DB-DMAS butyrate RED without 
a comment period.

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 Federal Food, Drug, and Cosmetic Act 
(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 27, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-2977 Filed 2-15-05; 8:45 am]
BILLING CODE 6560-50-S