[Federal Register: March 16, 2005 (Volume 70, Number 50)]
[Notices]
[Page 12881-12882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr05-69]
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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.
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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 http://www.epa.gov/fedrgstr/ You may obtain an electronic copy other PR Notices, both final and draft, at http://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 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. 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