[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12881-12882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4878]


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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:[email protected].

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