[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Pages 61287-61289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20996]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0347 FRL-7726-2]


Fluazifop-P-butyl; Tolerance Reassessment Decision; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Tolerance 
Reassessment Decision (TRED) for the pesticide fluazifop-P-butyl. The

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Agency's risk assessments and other related documents also are 
available in the fluazifop-P-butyl Docket. Through the tolerance 
reassessment program, EPA is ensuring that all pesticides meet current 
health and food safety standards.

FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0523; 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 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), 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 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'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?

    EPA has reassessed risks associated with use of the pesticide 
fluazifop-P-butyl, reassessed 37 existing tolerances or legal residue 
limits, and on September 13, 2005, reached a tolerance reassessment and 
risk management decision. Fluazifop-P-butyl is a selective, post-
emergent herbicide registered for the control of perennial and annual 
grass weeds. Fluazifop-P-butyl is typically applied as a broadcast, 
banded, directed or spot treatment with groundboom sprayers and aerial 
equipment to asparagus, carrot, coffee, cotton, endive (escarole), 
garlic, macadamia nut, onion, pecan, pepper, rhubarb, soybeans, stone 
fruits, sweet potato, and yam; it is also registered for use on lawns/
turf. The Agency is now issuing a Report on Food Quality Protection Act 
(FQPA) Tolerance Reassessment Progress and Risk Management Decision for 
fluazifop-P-butyl, known as a TRED, as well as related technical 
support documents.
    EPA must review tolerances and tolerance exemptions that were in 
effect when 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 fluazifop-P-butyl 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 on 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, fluazifop-P-butyl 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 fluazifop-P-butyl.

B. What is the Agency's Authority for Taking this 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.
    Section 4(g)(2) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (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.''

List of Subjects

    Environmental protection, Pesticides and pests.


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    Dated: October 11, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-20996 Filed 10-20-05; 8:45 am]
BILLING CODE 6560-50-S