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###### Environmental Protection Agency

          - [OPP-2004-0139; FRL-7745-3]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# SUMMARY:

                        This notice announces Agency approval of applications submitted by Dow AgroSciences LLC, to conditionally register the pesticide products Aminopyralid Technical and MilestoneTM                         containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.                    

# FOR FURTHER INFORMATION CONTACT:

                        Joanne Miller, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 703-305-6103; e-mail address:                        *Miller.Joanne@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), e.g., agricultural workers; greenhouse, nursery and floriculture workers; farmers
    - Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers
    - Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse nursery, and floriculture workers; ranchers; pesticide applicators
    - Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers, greenhouse, nursery, and floriculture workers

                    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 an official public docket for this action under docket identification (ID) number OPP-2004-0139. 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.                

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. The request should: Identify the product name and 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/​*.                

                    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 submit or 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. Did EPA Conditionally Approve the Application?

A conditional registration may be granted under section 3(c)(7)(C) of FIFRA for a new active ingredient where certain data are lacking, on condition that such data are received by the end of the conditional registration period and do not meet or exceed the risk criteria set forth in 40 CFR 154.7; use of the pesticide during the conditional registration period will not cause unreasonable adverse effects; and that use of the pesticide is in the public interest. The Agency has considered the available data on the risks associated with the proposed use of Aminopyralid (2-pyridine carboxylic, 4-amino-3,6-dichloro-) and the Triisopropanolammonium salt of Aminopyralid, and information on social, economic, and environmental benefits to be derived from such use. Specifically, the Agency has considered the nature 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 Aminopyralid and its Triisopropanolammonium salt during the period of conditional registration will not cause any unreasonable adverse effect on the environment, and that use of the pesticide is, in the public interest.

Consistent with section 3(c)(7)(C) of FIFRA, the Agency has determined that these conditional registrations are in the public interest. Use of the pesticides are of significance to the user community, and appropriate labeling, use directions, and other measures have been taken to ensure that use of the pesticides will not result in unreasonable adverse effects to man and the environment.

## III. Conditionally Approved Registrations

                     EPA issued a notice published in the                     **Federal Register**                     of December 20, 2004 (69 FR 75948-75950)(FRL-7690-9), which announced that Dow AgroSciences LLC, Zionsville Road, Indianapolis, IN 46268, had submitted applications to conditionally register the pesticide products: Aminopyralid Technical (EPA File Symbol 62719-LRI) containing 95.3% active ingredient for manufacturing use only, and GF-871 (EPA File Symbol 62719-LRO) containing 40.6% of the                           ( print page 70838)                        Triisopropanolammonium salt of aminopyralid to be used as a herbicide for control of annual and perennial broadleaf weeds, including invasive and noxious weeds, on range permanent grass pastures, Conservation Reserve Program (CRP) acres, non-cropland areas (such as rights-of-way, roadsides and non- irrigation ditch banks), natural areas (such as wildlife management areas, recreation areas, campgrounds, trail heads and trails), and grazed areas in and around these sites; and for control of annual and perennial broadleaf weeds in wheat (including spring wheat, winter wheat, and durum). These active ingredients have not been included in any previously registered pesticide product.                

These applications were conditionally approved and the following pesticide products were conditionally registered on August 10, 2005:

1. Aminopyralid Technical, EPA Registration Number 62719-518,

                    2. MilestoneTM, EPA Registration Number 62719-519.                

# List of Subjects

      - Environmental protection
      - Pesticides and pest

Dated: November 15, 2005.

Lois Rossi,

Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 05-23108 Filed 11-22-05; 8:45 am]

BILLING CODE 6560-50-S