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12880 Federal Register / Vol. 70, No.

50 / Wednesday, March 16, 2005 / Notices

the person listed under FOR FURTHER temporary tolerance exemption non- who conduct or sponsor research on
INFORMATION CONTACT. event specific, that language is to be pesticides, the Agency has not
disregarded. All the other information attempted to describe all the specific
B. How Can I Get Copies of this
contained in that September 15, 2004, entities that may be affected by this
Document and Other Related
Notice of Filing, however, is intended to action. If you have any questions
Information?
support Syngenta Seeds’ request to regarding the information in this action,
In addition to using EDOCKET (http:/ extend the time frame of the subject consult the person listed under FOR
/www.epa.gov/edocket/), you may temporary tolerance exemption. FURTHER INFORMATION CONTACT.
access this Federal Register document As noted elsewhere in this document,
electronically through the EPA Internet B. How Can I Get Copies of this
EPA is providing an additional 30 days
under the ‘‘Federal Register’’ listings Document and Other Related
for parties to comment on Syngenta
athttp://www.epa.gov/fedrgstr/. Information?
Seeds’ petition as corrected via this
document. Any comments received in 1. Docket. EPA has established an
II. Background
response to this document or the official public docket for this action
On July 26, 2004, Syngenta Seeds, original Notice of Filing dated under docket identification (ID) number
3054 Cornwallis Road, Research September 15, 2004, will be addressed OPP–2005–0051. The official public
Triangle Park, NC 27709–2257 in any Final Rule issued by the Agency docket consists of the documents
submitted a petition (PP 3G6547) to EPA concerning this matter. specifically referenced in this action,
under the Federal Food, Drug, and any public comments received, and
Cosmetic Act (FFDCA), as amended by List of Subjects other information related to this action.
the Food Quality Protection Act of 1996 Environmental protection, Although a part of the official docket,
(FQPA), requesting that the temporary Agricultural commodities, Feed the public docket does not include
tolerance exemption for Bacillus additives, Food additives, Pesticides Confidential Business Information (CBI)
thuringiensis VIP3A protein and the and pests, Reporting and recordkeeping or other information whose disclosure is
genetic material necessary for its requirements. restricted by statute. The official public
production in cotton found at 40 CFR docket is the collection of materials that
Dated: March 7, 2005.
180.1247 be amended to include all is available for public viewing at the
VIP3A events. As it turns out, however, Janet L. Andersen,
Public Information and Records
this particular request was unnecessary Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Integrity Branch (PIRIB), Rm. 119,
as the temporary tolerance exemption Crystal Mall #2, 1801 S. Bell St.,
Programs.
found at 40 CFR 180.1247 already Arlington, VA. This docket facility is
[FR Doc. 05–5212 Filed 3–15–05; 8:45 am]
includes all VIP3A events. In a open from 8:30 a.m. to 4 p.m., Monday
BILLING CODE 6560–50–S
subsequent letter dated July 29, 2004, through Friday, excluding legal
Syngenta Seeds also petitioned the holidays. The docket telephone number
Agency to amend the temporary is (703) 305–5805.
ENVIRONMENTAL PROTECTION
tolerance exemption found at 40 CFR 2. Electronic access. You may access
AGENCY
180.1247 by extending it from May 1, this Federal Register document
2005 to May 1, 2006. [OPP–2005–0051; FRL–7702–8] electronically through the EPA Internet
On September 15, 2004, EPA under the ‘‘Federal Register’’ listings at
published a Notice in the Federal Issuance of an Experimental Use http://www.epa.gov/fedrgstr/.
Register (69 FR 55605, FRL–7675–1) Permit An electronic version of the public
announcing the filing of the Syngenta AGENCY: Environmental Protection docket is available through EPA’s
Seeds petition. This Notice of Filing, Agency (EPA). electronic public docket and comment
however, was incorrect in two respects. ACTION: Notice. system, EPA Dockets. You may use EPA
First, it reiterated in summary fashion Dockets at http://www.epa.gov/edocket/
Syngenta Seeds request that the SUMMARY: EPA has granted an to submit or view public comments,
temporary tolerance exemption found at experimental use permit (EUP) to the access the index listing of the contents
40 CFR 180.1247 be amended to include following pesticide applicant. An EUP of the official public docket, and to
all VIP3A events. As noted above, this permits use of a pesticide for access those documents in the public
was unnecessary since that temporary experimental or research purposes only docket that are available electronically.
tolerance exemption already includes in accordance with the limitations in Although not all docket materials may
all VIP3A events. Second, the Notice the permit. be available electronically, you may still
failed to include Syngenta Seeds’ FOR FURTHER INFORMATION CONTACT: access any of the publicly available
petition to extend the approved time Sharlene R. Matten, Biopesticides and docket materials through the docket
frame for the temporary exemption. Pollution Prevention Division (7511C), facility identified in Unit I.B.1. Once in
III. What Does this Correction Do? Office of Pesticide Programs, the system, select ‘‘search,’’ then key in
Environmental Protection Agency, 1200 the appropriate docket ID number.
The purpose of this document, Pennsylvania Ave., NW., Washington,
therefore, is to clarify that pesticide II. EUP
DC 20460–0001; telephone number:
petition 3G6547 from Syngenta Seeds, (703) 605–0514; e-mail address: EPA has issued the following EUP:
as summarized and presented in the matten.sharlene@epa.gov. 67979–EUP–5. Issuance. Syngenta
Agency’s September 15, 2004, Notice of Seeds, 3054 Cornwallis Road, Research
Filing, is solely a proposal to amend the SUPPLEMENTARY INFORMATION: Triangle Park, NC 27709–2257. This
temporary tolerance exemption found at I. General Information EUP allows the use of 0.14 pounds of
40 CFR 180.1247 by extending it from the insecticide Vip3A insect control
May 1, 2005 to May 1, 2006. To the A. Does this Action Apply to Me? protein as expressed in Events COT 202
extent there is any language in that This action is directed to the public and COT 203-derived cotton plants on
Notice of Filing discussing or alluding in general. Although this action may be 467 acres of cotton to evaluate the
to Syngenta Seeds’ request to make that of particular interest to those persons control of various lepidopteran insect

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Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices 12881

pests. The program is authorized only in Registration Notice (PR Notice) entitled recommendations for labeling
the States of Alabama, Arizona, ‘‘Labeling Statements on Products Used statements to be used on pesticide
Arkansas, California, Florida, Georgia, for Adult Mosquito Control.’’ This PR products used for control of adult
Louisiana, Mississippi, North Carolina, Notice was issued by the Agency on mosquitos through ground or aerial
South Carolina, Tennessee, and Texas. insert date PR Notice was signed by the application of Ultra-Low Volume (ULV)
Two comments were submitted in OD and is identified as PR Notice 2005– sprays or fogs.
response to the notice of receipt for this 1. PR Notices are issued by the Office
A. Background
permit application, which published in of Pesticide Programs (OPP) to inform
the Federal Register on July 28, 2004 pesticide registrants and other In recent years state pesticide
(69 FR 45051) (FRL–7371–5). One interested persons about important regulators and vector control agencies
comment from the National Cotton policies, procedures, and registration have raised a variety of concerns about
Council supported issuance of the EUP. related decisions, and serve to provide the labeling of pesticides used for adult
The other comment by a private citizen guidance to pesticide registrants and mosquito control. The class of products
objected to issuance of the EUP based OPP personnel. This particular PR of most concern have been those used
on unspecified environmental and Notice provides guidance to the for control of adult mosquitoes through
human health effects. The Agency registrant concerning EPA’s policy on the application of Ultra-Low Volume
understands the commentor’s concerns. labeling statements for pesticide (ULV) sprays or fogs. Since state
Pursuant to its authority under the products used for wide-area agencies enforce pesticide use
Federal Insecticide, Fungicide, and applications to control adult regulations under cooperative
Rodenticide Act (FIFRA) and under the mosquitoes. The specific label agreements with EPA, and since FIFRA
Federal Food, Drug, and Cosmetic Act statements and label organization section 12(a)(2)(G) makes it an unlawful
(FFDCA), EPA has conducted an principles recommended in the draft act ‘‘to use any registered pesticide in a
assessment of the Vip3A insect control Notice are intended to improve existing manner inconsistent with its labeling’’,
proteins and the genetic material labels by clarifying language conveying the interpretation of label requirements
necessary for their production in cotton. environmental hazards posed by these is a critical issue for EPA, its Regional
EPA has concluded that there is a products, as well as specific use Offices and state pesticide regulatory
reasonable certainty that no harm will directions and instructions to the agencies, as well as for users.
In 2001, EPA sponsored an Inter-
result from dietary exposure to this applicators. The Agency believes that
Regional Mosquito Control Conference
protein as expressed in cotton. The adoption of these recommendations will
for EPA and state agency
Vip3A insect control proteins as help pesticide users and pesticide
representatives. Although labeling was
expressed in cotton tested under this enforcement officials to achieve more
one of many subjects discussed at the
permit are covered by the temporary effective mosquito control and
conference, participants felt label
tolerance exemption under 40 CFR protection of public health, while
improvements were an area that should
180.1247. No adverse effects are ensuring that use of these products will
be addressed. It was agreed that a group
anticipated as a result of Vip3A not pose unreasonable risks to the
representing EPA’s Office of Pesticide
expression in transgenic cotton. The environment. Programs (OPP), Office of Enforcement
EUP is effective from February 1, 2005 FOR FURTHER INFORMATION CONTACT: Jim and Compliance Assurance (OECA),
to March 31, 2006. Roelofs, Field and External Affairs EPA Regions and state lead agency
Authority: 7 U.S.C. 136c.
Division (7506C), Office of Pesticide volunteers would develop initial,
Programs, Environmental Protection informal proposals for improving
List of Subjects Agency, 1200 Pennsylvania Ave., NW., mosquito control product labels, with
Washington, DC 20460–0001; telephone the focus on adulticides only. The EPA
Environmental protection, number: 703–308–2964; fax number: State workgroup developed a paper
Experimental use permits. 703–308–1850; e-mail which included seven
Dated: March 7, 2005. address:roelofs.jim@epa.gov. recommendations. In April 2003, the
Janet L. Andersen, SUPPLEMENTARY INFORMATION: initial recommendations were discussed
at a public meeting of the Pesticide
Director, Biopesticides and Pollution I. Does this Action Apply to Me?
Prevention Division, Office of Pesticide
Program Dialogue Committee (PPDC).
Programs. This action is directed to pesticide The PPDC is chartered under the
[FR Doc. 05–4958 Filed 3–15–05; 8:45 am] registrants, pesticide regulatory officials, Federal Advisory Committee Act to
mosquito and vector control agencies, advise EPA on pesticide issues. Its
BILLING CODE 6560–50–S
pesticide users and the general public. members represent a broad spectrum of
Although this action may be of interests, including the pesticide
ENVIRONMENTAL PROTECTION particular interest to those persons who industry, grower groups, public health
AGENCY have a specific interest in the labeling agencies, academic researchers, public
of pesticide products used for the interest and advocacy organizations.
[OPP–2005–0030;FRL–7695–8] control of adult mosquitos, the Agency The PPDC recommended that EPA
has not attempted to describe all the develop the initial recommendations
Pesticides; Guidance for Pesticide into more formal Agency positions.
specific entities that may be affected by
Registrants on Labeling Statements on After considering the comments and
this action. If you have any questions
Products Used for Adult Mosquito suggestions of state agencies, the PPDC
regarding the information in this notice,
Control and other interested parties, as well as
consult the person listed under FOR
AGENCY: Environmental Protection FURTHER INFORMATION CONTACT. public comments received on a draft
Agency (EPA). version of the PR Notice, the Agency is
II. What Guidance Does this PR Notice making the recommendations in the PR
ACTION: Notice of availability. Provide? Notice as a means to achieve
SUMMARY: The Agency is announcing This PR Notice provides guidance to improvements in the labeling of adult
the availability of a Pesticide the registrant concerning seven specific mosquito control products. The

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