[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Notices]
[Pages 82345-82346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33172]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00693; FRL-6762-2]


Pesticides; Final Guidance for Pesticide Registrants on 
Applicability of the Treated Articles Exemption to Antimicrobial 
Pesticides

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice of availability.

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SUMMARY:  The Agency is issuing PR Notice 2000-10 which extends the 
effective date of when it will begin to rely upon PR Notice 2000-1 
(issued March 6, 2000). PR Notice 2000-1 provides guidance on the 
applicability of the ``treated articles exemption'' in 40 CFR 152.25(a) 
to antimicrobial pesticide products.

FOR FURTHER INFORMATION CONTACT:  Jeff Kempter (7510C), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 305-5448; fax number: (703) 308-6467; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may 
be of particular interest to those persons who produce pesticides or 
who produce articles treated with pesticides. Since other entities may 
also be interested, 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.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document and the PR Notice from the Office of Pesticide Programs' Home 
Page at http://www.epa.gov/pesticides/. You can also go directly to the 
listings from the EPA Internet Home Page at http://www.epa.gov/. To 
access this document, on the Home Page select ``Laws and Regulations,'' 
``Regulations and Proposed Rules,'' and then look up the entry for this 
document under the ``Federal Register--Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-00693. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as confidential business information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

II. Background

A. What Guidance Does this PR Notice Provide?

    On March 6, 2000, the Agency issued PR Notice 2000-1 concerning the 
applicability of the ``treated articles exemption'' in 40 CFR 152.25(a) 
to antimicrobial pesticide products. The intent of that notice was to 
clarify current Agency policy with respect to the scope of the treated 
articles exemption. Specifically, the notice addressed the types of 
claims which are or are not permitted on treated articles,

[[Page 82346]]

and explained the requirement that the pesticide in a treated article 
be ``registered for such use.''
    Section VI of PR Notice 2000-1, titled ``Effective Date and 
Procedures,'' encouraged producers, distributors, and other persons 
selling or distributing pesticide-treated articles and substances to 
bring their products into compliance with 40 CFR 152.25(a). That 
section also indicated that the Agency would begin to rely on the 
guidance provided in that notice on February 11, 2001, and that 
products in commerce after that date which make statements or claims 
that do not reflect the clarifications offered in that notice, would 
risk being considered out of compliance with 40 CFR 152.25(a).
    The Agency has since learned that certain segments of the industry 
which produce treated articles will not be able to meet the February 
11, 2001 date, both in production of treated articles and in their sale 
and distribution in commerce. Further, the Agency is concerned that 
some distributors of treated articles may not be aware that their 
products are subject to PR Notice 2000-1 due to the fact that the 
notice was sent primarily to registrants and not generally to the 
distributors of treated articles. Finally, the Agency is concerned that 
the current date of February 11, 2001, and the inclusion of all treated 
articles in commerce could have an unintended adverse economic impact 
on affected companies.
    For these reasons, the Agency is extending the effective date of 
when it will begin to rely upon PR Notice 2000-1 from February 11, 2001 
to April 30, 2001. In addition, the Agency is changing the guidance in 
that notice such that treated articles produced on or before April 30, 
2001, may continue to be sold or distributed by anyone through commerce 
without being subject to the clarifying guidance in PR Notice 2000-1. 
Thus, only treated articles produced after April 30, 2001, which make 
statements or claims that do not reflect the clarifications offered in 
that notice, would risk being out of compliance with 40 CFR 152.25(a). 
Producers of treated articles produced on or before April 30, 2001, 
would need to be able to provide adequate documentation of the 
production date of such articles found in commerce. All other elements 
of PR Notice 2000-1, as well as the current enforcement approach, will 
remain as stated or referenced in that notice.

B. PR Notices are Guidance Documents

    The PR Notice discussed in this notice is intended to provide 
guidance to EPA personnel, the public, pesticide registrants, and 
producers of pesticide-treated articles. This notice is not binding on 
EPA, pesticide registrants, or treated article producers, and EPA may 
depart from the guidance where circumstances warrant and without prior 
notice. Likewise, pesticide registrants and treated article producers 
may assert that the guidance is not appropriate generally or not 
applicable to a specific pesticide, treated article, or situation.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides, Antimicrobials, and pests.


    Dated: December 20, 2000.

Marcia E. Mulkey,
Director, Office of Pesticide Programs.

[FR Doc. 00-33172 Filed 12-27-00; 8:45 am]
BILLING CODE 6560-50-S