[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Notices]
[Pages 38149-38150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10449]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0495; FRL-8062-2]


Imazapyr Reregistration Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decision (RED) for the pesticide imazapyr. The Agency's 
risk assessments and other related documents also are available in the 
imazapyr docket. Imazapyr is a systemic, non-selective, pre- and post-
emergent herbicide used for the control of terrestrial annual and 
perennial grasses, broad-leaved herbs, woody species, and riparian and 
emergent aquatic species. It is registered for use on a variety of 
agricultural, commercial, and residential use sites. EPA has reviewed 
imazapyr 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: Sherrie Kinard, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0563; fax 
number: (703) 308-8005; 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 a docket for this action under 
docket identification (ID) number EPA-HQ-OPPT-2005-0495. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the Office of Pesticide Programs (OPP) Regulatory Public 
Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. 
Crystal Drive Arlington, VA. The hours of operation of this Docket 
Facility are 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.

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, imazapyr under section 4(g)(2)(A) of FIFRA.
    Imazapyr is a systemic, non-selective, pre- and post-emergent 
herbicide used for the control of terrestrial annual and perennial 
grasses, broad-leaved herbs, woody species, and riparian and emergent 
aquatic species. It is registered for use on a variety of agricultural, 
commercial, and residential use sites, including corn, forestry sites, 
rights-of-way, fence rows, hedge rows, drainage systems, outdoor 
industrial areas, outdoor buildings and structures, domestic dwellings, 
paved areas, driveways, patios, parking areas, walkways, various water 
bodies (including ponds, lakes, streams, swamps, wetlands, and stagnant 
water), and urban areas.
    Imazapyr is formulated as a liquid, a wettable powder (including 
water soluble bags), and a granular. Application methods include 
aerial, groundboom, boat, and tractor-drawn spreader. Applications to 
smaller areas may be made with handheld equipment, including low-
pressure handwand sprayers, backpack sprayers, sprinkling cans, and 
handgun sprayers. Application rates range from 0.014 lbs ai/acre on 
corn, to 1.5 lbs ai/acre on non-cropped areas and aquatic sites.
    EPA has determined that the data base to support reregistration is 
substantially complete and that products containing imazapyr are 
eligible for reregistration, provided the risks are mitigated in the 
manner described in the RED. 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 imazapyr.
    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 reassessed the imazapyr 
tolerances in 2003 when new food uses were established and has made the 
requisite safety finding for the imazapyr tolerances referred to 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

[[Page 38150]]

risk, extent of use, complexity of issues, and degree of public concern 
associated with each pesticide. Due to its uses, risks, and other 
factors, imazapyr 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 
imazapyr.
    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. An additional comment period was 
not required for imazapyr since all risk issues associated with the use 
of this pesticide were resolved through consultations with 
stakeholders. The Agency therefore is issuing the imazapyr 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: June 28, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-10449 Filed 7-3-06; 8:45 am]
BILLING CODE 6560-50-S