[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50185-50187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23213]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0352; FRL-8436-4]
Pesticide Product Registration Approval; Opportunity for Public
Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces Agency approval of applications to
register pesticide products containing saflufenacil, a new active
ingredient not included in any previously registered products, pursuant
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended; and the opening of a comment period on such approval.
DATES: Comments must be received on or before November 30, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0352, by one of the following methods:
[[Page 50186]]
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0352. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. 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 OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., 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 Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Kathryn Montague, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-1243; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. FIFRA Registrations
On January 31, 2008, EPA received applications from BASF
Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, NC
27709-3528, to register six new pesticide products containing
saflufenacil as an active ingredient under section 3 of FIFRA, 7 U.S.C.
136a. Saflufenacil is a light dependent peroxidizing herbicide (LDPH)
which acts by inhibiting protoporphyrinogen-oxidase (PPO) in the heme
and chlorophyll biosynthetic pathway in plants. The applications sought
the use of saflufenacil on a wide variety of agricultural use sites
(cereal small grains, corn, chickpeas, cotton, edible beans and peas,
lentils, lupine, sorghum, soybeans, sunflowers, fruit tree orchards,
nut tree orchards and vineyards) as well as non-agricultural sites,
including pine plantations, rights-of-way, bare ground and Christmas
tree plantations.
The applications have been approved as Kixor Herbicide Technical
(EPA
[[Page 50187]]
Registration Number 7969-275), Treevix Powered by Kixor Herbicide (EPA
Registration Number 7969-276), Sharpen Powered by Kixor Herbicide (EPA
Registration Number 7969-278), Integrity Powered by Kixor Herbicide
(EPA Registration Number 7969-279), Optill Powered by Kixor Herbicide
(EPA Registration Number 7969-280), and BAS 800 02/03 Powered by Kixor
Herbicide (EPA Registration Number 7969-277.
The Agency approved the applications after considering all required
data on risks associated with the proposed use of saflufenacil, and
information on social, economic, and environmental benefits to be
derived from its use. Specifically, the Agency considered the nature of
the chemical and its pattern of use, application methods and rates, and
level and extent of potential exposure. Based on these reviews, the
Agency was able to make basic health and safety determinations which
show that saflufenacil, when used in accordance with widespread and
commonly recognized practice, will not generally cause unreasonable
adverse effects on the environment.
B. FFDCA Tolerances
Along with the applications for registration of Kixor Herbicide
Technical, Treevix Powered by Kixor Herbicide, Sharpen Powered by Kixor
Herbicide, Integrity Powered by Kixor Herbicide, Optill Powered by
Kixor Herbicide, and BAS 800 02/03 Powered by Kixor Herbicide, BASF
Corporation filed a petition for tolerances under section 408 of the
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. The
petition requested that tolerances be established for residues of
saflufenacil in or on legume vegetables (group 06), citrus fruits
(group 10), pome fruits (group 11), stone fruits (group 12), tree nuts
(group 14), pistachio, cereal grains (group 15), undelinted cotton
seed, cotton gin byproducts, grape, foliage of legume vegetables (group
07), forage, fodder and straw of cereal grains (group 16), sorghum
stover, almond hulls, sunflower seed, animal kidney, and animal liver.
In the Federal Register of June 13, 2008 (73 FR 33814) (FRL-8367-
3), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of this petition.
III. What Action is the Agency Taking?
Although the Agency solicited comments on the petition for
tolerances under the FFDCA, it did not do so regarding the applications
for registration under FIFRA. Therefore, EPA is now seeking comment on
the registrations for the saflufenacil technical and end-use products,
issued under section 3 of FIFRA. After consideration of all comments
received, the Agency will take appropriate action based on that
consideration and issue another Federal Register notice responding to
comments received.
List of Subjects
Environmental protection, Pesticides and pest.
Dated: September 16, 2009.
Rachel C. Holloman,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-23213 Filed 9-29-09; 8:45 am]
BILLING CODE 6560-50-S