

[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Notices]               
[Page 40097-40099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy06-70]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0479; FRL-8078-6]

 
Dicamba Reregistration Eligibility Decision; Notice of 
Availability

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 dicamba acid and its 
associated salts and opens a public comment period on this document. 
The Agency's risk assessments and other related documents also are 
available in the dicamba Docket. Dicamba (2-methoxy-3,6-dichlorobenzoic 
acid) is a selective benzoic acid herbicide registered for pre-emergent 
control of broadleaf weeds and woody plants. EPA has reviewed dicamba 
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.

DATES: Comments must be received on or before September 12, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0479, by one of the following methods:
     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 Drive, Arlington, VA. Deliveries are only 
accepted during the Docket'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 telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0479. 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 Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact

[[Page 40098]]

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 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. 
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 Drive, 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: Kendra Tyler, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0125; fax 
number: (703) 308-8041; e-mail address: tyler.kendra@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. 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. 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 dicamba under section 4(g)(2)(A) of FIFRA.
    Dicamba is an acid which forms salts in aqueous solutions. Various 
dicamba salts are formulated for herbicidal use and the following 
compounds are considered in the RED document: Dimethylamine (DMA) salt, 
sodium (NA) salt, isopropylamine (IPA) salt, diglycolamine (DGA) salt, 
and potassium (K) salt. Dicamba is widely used in agricultural, 
industrial, and residential settings. Different forms of dicamba (acid 
and salts) have registered uses on rights-of-way areas, asparagus, 
barley, corn (field and pop), grasses grown in pasture and rangeland, 
oats, proso millet, rye, sorghum, soybeans, sugarcane, and wheat. 
Residential uses include broadcast and spot treatment on golf courses 
and lawns. The completion of the Dicamba RED does not result in any 
additional tolerances being reassessed; tolerances were reassessed in 
2000 when a new use was granted.
    EPA has determined that the data base to support reregistration is 
substantially complete and that products containing dicamba are 
eligible for reregistration provided the risks are mitigated in the 
manner described in the RED. 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 dicamba.
    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, dicamba was reviewed through 
the modified 4-Phase process. Through this process, EPA worked 
extensively with stakeholders and the public to reach the regulatory 
decisions for dicamba.
    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. The Agency is issuing the dicamba 
RED for public comment. This comment period is intended to provide an 
additional opportunity for public input and a mechanism for initiating 
any necessary

[[Page 40099]]

amendments to the RED. All comments should be submitted using the 
methods in ADDRESSES, and must be received by EPA on or before the 
closing date. These comments will become part of the Agency Docket for 
dicamba. Comments received after the close of the comment period will 
be marked ``late.'' EPA is not required to consider these late 
comments.
    The Agency will carefully consider all comments received by the 
closing date and will provide a Response to Comments Memorandum in the 
Docket and regulations.gov. If any comment significantly affects the 
document, EPA also will publish an amendment to the RED in the Federal 
Register. In the absence of substantive comments requiring changes, the 
dicamba RED will be implemented as it is now presented.

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.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 6, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E6-11117 Filed 7-13-06; 8:45 am]

BILLING CODE 6560-50-S
