[Federal Register: September 2, 2004 (Volume 69, Number 170)]
[Notices]
[Page 53704-53705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se04-60]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0210; FRL-7372-2]
Benfluralin; Availability of Reregistration Eligibility Decision
Document
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces availability of EPA's Reregistration
Eligibility Decision (RED) document for the pesticide active ingredient
Benfluralin. Benfluralin is a pre-emergent dinitroaniline herbicide
used to control weeds in turf and ornamental plants, lettuce, alfalfa,
clover, birdsfoot trefoil, nonbearing fruit and nut trees, nonbearing
berries, and nonbearing vineyards. The Agency has completed its
assessment of the occupational, residential, and ecological risk
associated with the use of pesticide products containing the active
ingredient benfluralin. Based on a review of these data and on public
comments on the Agency's assessments for the active ingredient
benfluralin, the Agency has sufficient information on the human health
and ecological effects of benfluralin to make decisions as part of the
tolerance reassessment process under the Federal Food, Drug, and
Cosmetic Act (FFDCA) and reregistration process under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended by the
Food Quality Protection Act (FQPA). The Agency has determined that
benfluralin containing products are eligible for reregistration
provided that: Current data gaps and confirmatory data needs are
addressed; the risk mitigation measures outlined in the RED are
adopted; and label amendments are made to reflect these measures.
FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0166; e-mail
address: hall.katie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. This action may,
however, be of interest to persons who are or may be required to
conduct testing of chemical substances under the FIFRA or the FFDCA;
environmental, human health, and agricultural advocates; pesticides
users; and members of the public interested in the use of pesticides.
Since other entities may also 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-2004-0210. 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 Street, 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/. To access RED documents and
RED fact sheets electronically, go directly to the REDs table on EPA's
Office of Pesticide Programs Home Page, at http://www.epa.gov/pesticides/reregistration/status.htm
.
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 previously
submitted 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 EPA's 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?
The Agency has issued a RED for the pesticide benfluralin.
Benfluralin is a pre-emergent dinitroaniline herbicide used to control
weeds in turf and ornamental plants, lettuce, alfalfa, clover,
birdsfoot trefoil, nonbearing fruit and nut trees, nonbearing berries,
and nonbearing vineyards. Most of the benfluralin used is applied to
turf. Under FIFRA, as amended in 1988, EPA is conducting a
reregistration program to reevaluate existing pesticides to make sure
they meet current scientific and regulatory standards. The data base to
support the reregistration of benfluralin is substantially complete,
and its risks have been mitigated so that it will not pose unreasonable
risks to people or the environment when used according to its approved
labeling. In addition, EPA is reevaluating existing pesticides and
[[Page 53705]]
reassessing tolerances under FQPA of 1996. The benfluralin tolerances
have been found to meet the FQPA safety standard.
Through the Agency's public participation process, EPA worked
extensively with stakeholders and the public to reach the regulatory
decisions for benfluralin. During the public comment period on the risk
assessments, which closed on April 26, 2004, the Agency received
comments from two commentors, Dow Agrosciences and the U.S. Fish and
Wildlife Service. An individual response to these comments is being
prepared by EPA and will be made available in the public docket.
Because so few comments were received in the earlier comment period,
the Agency does not anticipate significant interest from stakeholders
on the RED for benfluralin. Therefore, EPA is not having a comment
period on this document.
B. What is the Agency's Authority for Taking this Action?
The legal authority for these REDs falls under FIFRA, as amended in
1988 and 1996. Section 4(g)(2)(A) of FIFRA 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, Chemicals, Pesticides and pests.
Dated: August 18, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 04-20045 Filed 9-1-04; 8:45 am]
BILLING CODE 6560-50-S