Note from FAN: The documents in the following Table were cited in this Federal Register.

http://www.epa.gov/fedrgstr/EPA-PEST/2005/January/Day-26/p1028.htm

 
Fluazifop-P-butyl; Risk Assessment(s) (Phase 3 of 4-Phase Process); Notice of Availability  [Federal Register: January 26, 2005 (Volume 70, Number 16)]
[Notices]
[Page 3702-3704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja05-71]
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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: oconnell.cathryn@epa.gov .

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 opp-docket@epa.gov ,
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