[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Pages 50185-50187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23213]



[EPA-HQ-OPP-2008-0352; FRL-8436-4]

Pesticide Product Registration Approval; Opportunity for Public 

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:

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     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: 


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 

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 
    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 

[[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]