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###### Environmental Protection Agency

          - [EPA-HQ-OPP-2008-0470; FRL-8409-2]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# SUMMARY:

This notice announces Agency approval of an application to register the pesticide products NEU1173H Concentrate, and NEU1173H RTU containing an active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

# FOR FURTHER INFORMATION CONTACT:

                        Driss Benmhend, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-9525; e-mail address: benmhend.driss                        *@epa.gov*.                    

# 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. How Can I Get Copies of this Document and Other Related Information?

                    1.                     *Docket*. EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2008-0470. 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 Office of Pesticide Programs (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.                

                    In accordance with section 3(c)(2) of FIFRA, a copy of the approved label, the list of data references, the data and other scientific information used to support registration, except for material specifically protected by section 10 of FIFRA, are also available for public inspection. Requests for data must be made in accordance with the provisions of the Freedom of Information Act and must be addressed to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. Such requests should: Identify the product name and                           ( print page 17862)                        registration number and specify the data or information desired.                

A paper copy of the fact sheet, which provides more detail on this registration, may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.

                    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*.                

## II. Did EPA Approve the Application?

The Agency approved the application after considering all required data on risks associated with the proposed use of Iron HEDTA (FeHEDTA), and information on social, economic, and environmental benefits to be derived from use. Specifically, the Agency has 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 use of the active ingredient, Iron HEDTA (FeHEDTA) in accordance with widespread and commonly recognized practices will not generally cause unreasonable adverse effects to the environment.

## III. Approved Application

                    EPA issued a notice, published in the                     **Federal Register**                     of June 25, 2008 (73 FR 36076) (FRL-8368-3), which announced that W. Neudorff GmbH KG Neudorff GmbH KG c/o Walter G. Talarek PC, 1008 Riva Ridge Drive, Great Falls, VA 22066-1620, had submitted an application to register the pesticide products, NEU1173H Concentrate (EPA File Symbol: 67702-EA), and NEU1173H RTU(EPA File Symbol: 67702-ET).                     *Type of product*: Herbicide.                     *Active ingredient*: Iron HEDTA (FeHEDTA) at 26.52% and 1.5% respectively. This product was not previously registered.                

 The application was approved on December 9, 2008, as NEU1173H Concentrate herbicide, EPA Registration Number 67702-26, and NEU1173H RTU, EPA Reg. Number 67702-27 for household and commercial use as herbicides.

# List of Subjects

      - Environmental protection
      - Chemicals
      - Pests and pesticides

Dated: April 7, 2009.

Janet L. Andersen,

Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

[FR Doc. E9-8880 Filed 4-16-09; 8:45 a.m.]

BILLING CODE 6560-50-S