Pesticides; Guidance for Pesticide Registrants on Labeling Statements on Products Used for Adult Mosquito Control, 12881-12882 [05-4878]
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Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices
pests. The program is authorized only in
the States of Alabama, Arizona,
Arkansas, California, Florida, Georgia,
Louisiana, Mississippi, North Carolina,
South Carolina, Tennessee, and Texas.
Two comments were submitted in
response to the notice of receipt for this
permit application, which published in
the Federal Register on July 28, 2004
(69 FR 45051) (FRL–7371–5). One
comment from the National Cotton
Council supported issuance of the EUP.
The other comment by a private citizen
objected to issuance of the EUP based
on unspecified environmental and
human health effects. The Agency
understands the commentor’s concerns.
Pursuant to its authority under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), EPA has conducted an
assessment of the Vip3A insect control
proteins and the genetic material
necessary for their production in cotton.
EPA has concluded that there is a
reasonable certainty that no harm will
result from dietary exposure to this
protein as expressed in cotton. The
Vip3A insect control proteins as
expressed in cotton tested under this
permit are covered by the temporary
tolerance exemption under 40 CFR
180.1247. No adverse effects are
anticipated as a result of Vip3A
expression in transgenic cotton. The
EUP is effective from February 1, 2005
to March 31, 2006.
Authority: 7 U.S.C. 136c.
List of Subjects
Environmental protection,
Experimental use permits.
Dated: March 7, 2005.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. 05–4958 Filed 3–15–05; 8:45 am]
Registration Notice (PR Notice) entitled
‘‘Labeling Statements on Products Used
for Adult Mosquito Control.’’ This PR
Notice was issued by the Agency on
insert date PR Notice was signed by the
OD and is identified as PR Notice 2005–
1. PR Notices are issued by the Office
of Pesticide Programs (OPP) to inform
pesticide registrants and other
interested persons about important
policies, procedures, and registration
related decisions, and serve to provide
guidance to pesticide registrants and
OPP personnel. This particular PR
Notice provides guidance to the
registrant concerning EPA’s policy on
labeling statements for pesticide
products used for wide-area
applications to control adult
mosquitoes. The specific label
statements and label organization
principles recommended in the draft
Notice are intended to improve existing
labels by clarifying language conveying
environmental hazards posed by these
products, as well as specific use
directions and instructions to the
applicators. The Agency believes that
adoption of these recommendations will
help pesticide users and pesticide
enforcement officials to achieve more
effective mosquito control and
protection of public health, while
ensuring that use of these products will
not pose unreasonable risks to the
environment.
FOR FURTHER INFORMATION CONTACT: Jim
Roelofs, Field and External Affairs
Division (7506C), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: 703–308–2964; fax number:
703–308–1850; e-mail
address:roelofs.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Does this Action Apply to Me?
This action is directed to pesticide
registrants, pesticide regulatory officials,
mosquito and vector control agencies,
pesticide users and the general public.
Although this action may be of
particular interest to those persons who
have a specific interest in the labeling
of pesticide products used for the
control of adult mosquitos, 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 information in this notice,
consult the person listed under FOR
FURTHER INFORMATION CONTACT.
SUMMARY: The Agency is announcing
the availability of a Pesticide
II. What Guidance Does this PR Notice
Provide?
This PR Notice provides guidance to
the registrant concerning seven specific
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0030;FRL–7695–8]
Pesticides; Guidance for Pesticide
Registrants on Labeling Statements on
Products Used for Adult Mosquito
Control
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
VerDate jul<14>2003
16:45 Mar 15, 2005
Jkt 205001
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12881
recommendations for labeling
statements to be used on pesticide
products used for control of adult
mosquitos through ground or aerial
application of Ultra-Low Volume (ULV)
sprays or fogs.
A. Background
In recent years state pesticide
regulators and vector control agencies
have raised a variety of concerns about
the labeling of pesticides used for adult
mosquito control. The class of products
of most concern have been those used
for control of adult mosquitoes through
the application of Ultra-Low Volume
(ULV) sprays or fogs. Since state
agencies enforce pesticide use
regulations under cooperative
agreements with EPA, and since FIFRA
section 12(a)(2)(G) makes it an unlawful
act ‘‘to use any registered pesticide in a
manner inconsistent with its labeling’’,
the interpretation of label requirements
is a critical issue for EPA, its Regional
Offices and state pesticide regulatory
agencies, as well as for users.
In 2001, EPA sponsored an InterRegional Mosquito Control Conference
for EPA and state agency
representatives. Although labeling was
one of many subjects discussed at the
conference, participants felt label
improvements were an area that should
be addressed. It was agreed that a group
representing EPA’s Office of Pesticide
Programs (OPP), Office of Enforcement
and Compliance Assurance (OECA),
EPA Regions and state lead agency
volunteers would develop initial,
informal proposals for improving
mosquito control product labels, with
the focus on adulticides only. The EPA
State workgroup developed a paper
which included seven
recommendations. In April 2003, the
initial recommendations were discussed
at a public meeting of the Pesticide
Program Dialogue Committee (PPDC).
The PPDC is chartered under the
Federal Advisory Committee Act to
advise EPA on pesticide issues. Its
members represent a broad spectrum of
interests, including the pesticide
industry, grower groups, public health
agencies, academic researchers, public
interest and advocacy organizations.
The PPDC recommended that EPA
develop the initial recommendations
into more formal Agency positions.
After considering the comments and
suggestions of state agencies, the PPDC
and other interested parties, as well as
public comments received on a draft
version of the PR Notice, the Agency is
making the recommendations in the PR
Notice as a means to achieve
improvements in the labeling of adult
mosquito control products. The
E:\FR\FM\16MRN1.SGM
16MRN1
12882
Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices
recommendations consist of some
specific statements that should appear
on all labels for this class of products,
some model statements that registrants
may adapt to the specific characteristics
of their products, and some principles
on organizing elements of the label.
B. Summary of the Labeling
Recommendations
The recommendations in the PR
Notice are meant to apply only to
products labeled for wide-area
application by ground or aerial
equipment, as Ultra Low Volume (ULV)
sprays or fogs, and not to home and
garden use products which may list
mosquitoes on the label, or for coarse
(non-ULV) sprays intended for residual
treatment of vegetation or other
surfaces. Control of mosquito larvae is a
wholly different use pattern from adult
mosquito control, and thus, products
registered as mosquito larvicides are not
included in the scope of the Notice.
The PR Notice sets forth seven
recommendations for improving labels
of adult mosquito control products. In
brief form, the recommendations are:
1. Adult mosquito control
applications should be limited to
trained personnel.
2. Mosquito control directions and
precautions should be clearly
distinguished from those applicable to
any other use allowed on the label.
3. Label precautions and directions
should be revised as needed to make
hazards to aquatic life as clear as
possible, and also to allow the
application of these products over a
body of water allowable under some
circumstances.
4. Users should consult with the State
or Tribal lead agency for pesticide
regulation to determine if permits or
other regulatory requirements exist.
5. Labels should specify a spectrum of
spray/fog droplet sizes, and indicate
that droplet size should be determined
according to directions from equipment
manufacturers or other appropriate
sources.
6. Precautionary language to protect
bees should have a provision to allow
mosquito control applications in order
to respond to threats to public health
which are identified by health or vector
control agencies on the basis of
evidence of disease organisms or
diseases cases in animals or humans.
7. Mosquito adulticide labels should
include specific statements on timing
and allowable frequency of applications
to a specific site. Exceptions to
application limits may be allowed in
order to respond to threats to public
health which are identified by health or
vector control agencies on the basis of
VerDate jul<14>2003
16:45 Mar 15, 2005
Jkt 205001
evidence of disease organisms or
diseases cases in animals or humans.
III. Do PR Notices Contain Binding
Requirements?
The PR Notice discussed in this
notice is intended to provide guidance
to EPA personnel and decision makers
and to pesticide registrants. While the
requirements in the statutes and Agency
regulations are binding on EPA and the
applicants, this PR Notice is not binding
on either EPA or pesticide registrants,
and EPA may depart from the guidance
where circumstances warrant and
without prior notice. Likewise, pesticide
registrants may assert that the guidance
is not appropriate generally or not
applicable to a specific pesticide or
situation.
IV. 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–2005–0030. The official public
docket consists of the documents
specifically referenced in this action
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.
2. Electronic Access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. You may
obtain an electronic copy other PR
Notices, both final and draft, at https://
www.epa.gov/opppmsd1/PR_Notices.
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 https://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.
Once in the system, select ‘‘search,’’
then key in the appropriate docket ID
number.
Certain types of information will not
be placed in the EPA Dockets.
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
Information claimed as CBI and other
information whose disclosure is
restricted by statute, which is not
included in the official public docket,
will not be available for public viewing
in EPA’s electronic public docket. EPA’s
policy is that copyrighted material will
not be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. To the extent feasible, publicly
available docket materials will be made
available in EPA’s electronic public
docket. When a document is selected
from the index list in EPA Dockets, the
system will identify whether the
document is available for viewing in
EPA’s electronic public docket.
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 IV.A. EPA
intends to work towards providing
electronic access to all of the publicly
available docket materials through
EPA’s electronic public docket.
List of Subjects
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests.
Dated: March 3, 2005.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc.05–4878 Filed 3–15–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–7884–9]
Riverhills Battery Superfund Site;
Notice of Settlement
Environmental Protection
Agency.
ACTION: Notice of settlement.
AGENCY:
SUMMARY: Under Section 122(i) of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA), the Environmental
Protection Agency (EPA) has entered
into an Agreement for response cost at
the Riverhills Battery Superfund Site
(Site) located in Tampa, Hillsborough
County, Florida, with Henry H. Black.
EPA will consider public comments
on settlement of response cost,
paragraphs thirty-six (36) and thirtyseven (37), of the Agreement for April
15, 2005.
EPA may withdraw from or modify
the Agreement should such comments
disclose facts or considerations which
E:\FR\FM\16MRN1.SGM
16MRN1
]]>Agencies
[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12881-12882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4878]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0030;FRL-7695-8]
Pesticides; Guidance for Pesticide Registrants on Labeling
Statements on Products Used for Adult Mosquito Control
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Agency is announcing the availability of a Pesticide
Registration Notice (PR Notice) entitled ``Labeling Statements on
Products Used for Adult Mosquito Control.'' This PR Notice was issued
by the Agency on insert date PR Notice was signed by the OD and is
identified as PR Notice 2005-1. PR Notices are issued by the Office of
Pesticide Programs (OPP) to inform pesticide registrants and other
interested persons about important policies, procedures, and
registration related decisions, and serve to provide guidance to
pesticide registrants and OPP personnel. This particular PR Notice
provides guidance to the registrant concerning EPA's policy on labeling
statements for pesticide products used for wide-area applications to
control adult mosquitoes. The specific label statements and label
organization principles recommended in the draft Notice are intended to
improve existing labels by clarifying language conveying environmental
hazards posed by these products, as well as specific use directions and
instructions to the applicators. The Agency believes that adoption of
these recommendations will help pesticide users and pesticide
enforcement officials to achieve more effective mosquito control and
protection of public health, while ensuring that use of these products
will not pose unreasonable risks to the environment.
FOR FURTHER INFORMATION CONTACT: Jim Roelofs, Field and External
Affairs Division (7506C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: 703-308-2964; fax number: 703-308-1850; e-mail
address:roelofs.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
This action is directed to pesticide registrants, pesticide
regulatory officials, mosquito and vector control agencies, pesticide
users and the general public. Although this action may be of particular
interest to those persons who have a specific interest in the labeling
of pesticide products used for the control of adult mosquitos, 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
information in this notice, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
II. What Guidance Does this PR Notice Provide?
This PR Notice provides guidance to the registrant concerning seven
specific recommendations for labeling statements to be used on
pesticide products used for control of adult mosquitos through ground
or aerial application of Ultra-Low Volume (ULV) sprays or fogs.
A. Background
In recent years state pesticide regulators and vector control
agencies have raised a variety of concerns about the labeling of
pesticides used for adult mosquito control. The class of products of
most concern have been those used for control of adult mosquitoes
through the application of Ultra-Low Volume (ULV) sprays or fogs. Since
state agencies enforce pesticide use regulations under cooperative
agreements with EPA, and since FIFRA section 12(a)(2)(G) makes it an
unlawful act ``to use any registered pesticide in a manner inconsistent
with its labeling'', the interpretation of label requirements is a
critical issue for EPA, its Regional Offices and state pesticide
regulatory agencies, as well as for users.
In 2001, EPA sponsored an Inter-Regional Mosquito Control
Conference for EPA and state agency representatives. Although labeling
was one of many subjects discussed at the conference, participants felt
label improvements were an area that should be addressed. It was agreed
that a group representing EPA's Office of Pesticide Programs (OPP),
Office of Enforcement and Compliance Assurance (OECA), EPA Regions and
state lead agency volunteers would develop initial, informal proposals
for improving mosquito control product labels, with the focus on
adulticides only. The EPA State workgroup developed a paper which
included seven recommendations. In April 2003, the initial
recommendations were discussed at a public meeting of the Pesticide
Program Dialogue Committee (PPDC). The PPDC is chartered under the
Federal Advisory Committee Act to advise EPA on pesticide issues. Its
members represent a broad spectrum of interests, including the
pesticide industry, grower groups, public health agencies, academic
researchers, public interest and advocacy organizations. The PPDC
recommended that EPA develop the initial recommendations into more
formal Agency positions.
After considering the comments and suggestions of state agencies,
the PPDC and other interested parties, as well as public comments
received on a draft version of the PR Notice, the Agency is making the
recommendations in the PR Notice as a means to achieve improvements in
the labeling of adult mosquito control products. The
[[Page 12882]]
recommendations consist of some specific statements that should appear
on all labels for this class of products, some model statements that
registrants may adapt to the specific characteristics of their
products, and some principles on organizing elements of the label.
B. Summary of the Labeling Recommendations
The recommendations in the PR Notice are meant to apply only to
products labeled for wide-area application by ground or aerial
equipment, as Ultra Low Volume (ULV) sprays or fogs, and not to home
and garden use products which may list mosquitoes on the label, or for
coarse (non-ULV) sprays intended for residual treatment of vegetation
or other surfaces. Control of mosquito larvae is a wholly different use
pattern from adult mosquito control, and thus, products registered as
mosquito larvicides are not included in the scope of the Notice.
The PR Notice sets forth seven recommendations for improving labels
of adult mosquito control products. In brief form, the recommendations
are:
1. Adult mosquito control applications should be limited to trained
personnel.
2. Mosquito control directions and precautions should be clearly
distinguished from those applicable to any other use allowed on the
label.
3. Label precautions and directions should be revised as needed to
make hazards to aquatic life as clear as possible, and also to allow
the application of these products over a body of water allowable under
some circumstances.
4. Users should consult with the State or Tribal lead agency for
pesticide regulation to determine if permits or other regulatory
requirements exist.
5. Labels should specify a spectrum of spray/fog droplet sizes, and
indicate that droplet size should be determined according to directions
from equipment manufacturers or other appropriate sources.
6. Precautionary language to protect bees should have a provision
to allow mosquito control applications in order to respond to threats
to public health which are identified by health or vector control
agencies on the basis of evidence of disease organisms or diseases
cases in animals or humans.
7. Mosquito adulticide labels should include specific statements on
timing and allowable frequency of applications to a specific site.
Exceptions to application limits may be allowed in order to respond to
threats to public health which are identified by health or vector
control agencies on the basis of evidence of disease organisms or
diseases cases in animals or humans.
III. Do PR Notices Contain Binding Requirements?
The PR Notice discussed in this notice is intended to provide
guidance to EPA personnel and decision makers and to pesticide
registrants. While the requirements in the statutes and Agency
regulations are binding on EPA and the applicants, this PR Notice is
not binding on either EPA or pesticide registrants, and EPA may depart
from the guidance where circumstances warrant and without prior notice.
Likewise, pesticide registrants may assert that the guidance is not
appropriate generally or not applicable to a specific pesticide or
situation.
IV. 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-2005-0030. The
official public docket consists of the documents specifically
referenced in this action 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.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr/. You may obtain an electronic
copy other PR Notices, both final and draft, at https://www.epa.gov/
opppmsd1/PR_Notices.
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 https://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. Once in the system, select ``search,''
then key in the appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
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 IV.A. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
List of Subjects
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests.
Dated: March 3, 2005.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc.05-4878 Filed 3-15-05; 8:45 am]
BILLING CODE 6560-50-S
