[Federal Register: February 16, 2005 (Volume 70, Number 31)]
[Notices]
[Page 7937-7938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe05-40]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0220; FRL-7694-9]
2,4-DB (4-2,4-Dichlorophenoxy) butyric acid and 2,4-DB-DMAS
(Dimethylamine 4-2,4-Dichlorophenoxy) Butyrate 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 2,4-DB (4-2,4-
dichlorophenoxy) butyric acid and 2,4-DB-DMAS (dimethylamine 4-2,4-
dichlorophenoxy) butyrate. The Agency's risk assessments and other
related documents also are available in the 2,4-DB butyric acid and
2,4-DB-DMAS butyrate docket. 2,4-DB is a member of the chlorophenoxy
class of herbicides which function by mimicking the action of auxins,
plant growth hormones. 2,4-DB is used to control broadleaf weeds in
alfalfa, clover, soybeans, peanuts, peppermint, spearmint, and birdfoot
trefoil. 2,4-DB is manufactured as an acid and as the dimethylamine
salt, 2, 4-DB-DMAS. EPA has reviewed 2,4-DB butyric acid and 2,4-DB-
DMAS butyrate 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: Mika J. Hunter, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0041; fax
number: (703) 308-8041; e-mail address: Hunter.Mika@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 identification (ID) number OPP-2004-0220. 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 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. 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.
Once in the system, select ``search,'' then key in the appropriate
docket ID number.
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, 2,4-DB butyric acid and 2,4-DB-DMAS butyrate under section
4(g)(2)(A) of FIFRA. 2,4-DB and 2,4-DB-DMAS are chlorophenoxy
herbicides used to control broadleaf weeds in alfalfa, clover,
soybeans,
[[Page 7938]]
peanuts, peppermint, spearmint, and birdfoot trefoil. End-use products
are formulated as soluble, emulsifiable, or flowable concentrates and
can be applied aerially or on the ground. EPA has determined that the
data base to support reregistration is substantially complete and that
products containing 2,4-DB butyric acid and 2,4-DB-DMAS butyrate are
eligible for reregistration, provided the risks are mitigated either in
the manner described in the RED or by another means that achieve
equivalent risk reduction. 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 2,4-DB butyric acid and 2,4-DB-DMAS butyrate.
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 has reviewed and made the
requisite safety finding for the 2,4-DB butyric acid and 2,4-DB-DMAS
butyrate 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 of 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, 2,4-DB butyric acid and 2,4-
DB-DMAS butyrate 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
2,4-DB butyric acid and 2,4-DB-DMAS butyrate.
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. Another comment
period is not needed because all issues related to this pesticide were
resolved through consultations with stakeholders. The Agency therefore
is issuing the 2,4-DB butyric acid and 2,4-DB-DMAS butyrate 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: January 27, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-2977 Filed 2-15-05; 8:45 am]
BILLING CODE 6560-50-S