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http://www.epa.gov/fedrgstr/EPA-PEST/2005/October/Day-21/p20996.htm

[Federal Register: October 21, 2005 (Volume 70, Number 203)]
[Notices]
[Page 61287-61289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc05-86]
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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
[[Page 61288]]
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: wormell.lance@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 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.
[[Page 61289]]
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