[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Notices]
[Pages 30115-30117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11147]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00646; FRL-6496-8]


Pesticides; Draft Guidance for Pesticide Registrants on Voluntary 
Pesticide Resistance Management Labeling Based on Mode/Target Site of 
Action on the Pest

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: EPA has developed guidance for pesticide registrants on 
voluntary pesticide resistance management labeling based on mode/target 
site of action for pesticide products that are intended for general 
agricultural use. This effort will help reduce the development of 
pesticide resistance based on mode/target site of action and lead to 
better environmental protection. These guidelines are the result of a 
joint effort of the United States, Canada, and Mexico under the North 
American Free Trade Agreement (NAFTA). The guidance provides 
consistency in resistance management labeling being considered for 
approval in any or all of the countries involved in NAFTA. The Agency 
seeks public comment on a draft Pesticide Registration (PR) notice 
entitled ``Draft Guidance for Pesticide Registrants on Voluntary 
Pesticide Resistance Management Labeling Based on Mode/Target Site of 
Action on the Pest.'' This draft PR notice provides guidance to the 
registrant concerning schemes of classification of pesticides according 
to their mode/target site of action, a recommended standard 
presentation and format for showing group identification symbols on 
end-use product labels, and labeling resistance management strategies 
in the use directions.

DATES: Comments, identified by docket control number OPP-00646, must be 
received on or before July 10, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-00646 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Sharlene R. Matten (7511C), 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (703) 605-0514; fax 
number:

[[Page 30116]]

(703) 308-7026; e-mail address: <a href="/cdn-cgi/l/email-protection#6e030f1a1a0b00401d060f1c020b000b2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="5934382d2d3c37772a31382b353c373c193c2938773e362f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to those persons who are required 
to register 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 draft 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'' 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. Fax-on-demand. You may request a faxed copy of the draft PR 
notice entitled ``Draft Guidance for Pesticide Registrants on Voluntary 
Pesticide Resistance Management Labeling Based on Mode/Target Site of 
Action on the Pest,'' by using a faxphone to call (202) 401-0527 and 
selecting item 6124. You may also follow the automated menu.
    3. In person. The Agency has established an official record for 
this action under docket control number OPP-00646. 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.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-00646 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``<a href="/cdn-cgi/l/email-protection#2f405f5f024b404c444a5b6f4a5f4e01484059"><span class="__cf_email__" data-cfemail="c2adb2b2efa6ada1a9a7b682a7b2a3eca5adb4">[email protected]</span></a>,'' or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in Wordperfect 6, 
Suite 8, or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-00646. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want To Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Guidance Does This PR Notice Provide?

    EPA, Pest Management Regulatory Agency of Canada (PMRA), and 
Cicoplafest of Mexico are committed to long-term pest resistance 
management through pesticide resistance management and alternative pest 
management strategies. Under the auspices of NAFTA, the United States, 
Canada, and Mexico have joined together to develop and publish 
guidelines for voluntary pesticide resistance management labeling for 
implementation in North America. The development of these guidelines is 
part of the activities of the Risk Reduction Subcommittee of the NAFTA 
Technical Working Group on Pesticides. A uniform approach across North 
America will help reduce the development of pesticide resistance and 
support joint registration decisions by providing

[[Page 30117]]

consistency in resistance management labeling being considered for 
approval in any or all of the NAFTA countries. To implement this NAFTA 
initiative, the Office of Pesticide Programs (OPP) of EPA has developed 
a draft PR notice describing the voluntary pesticide resistance 
management labeling guidelines based on mode/target site of action for 
agricultural uses of herbicides, fungicides, bactericides, 
insecticides, and acaricides. Mode/target site of action refers to the 
biochemical mechanism by which the pesticide acts on the pest and 
should not be interpreted to imply that these chemicals share a common 
mechanism for purposes of cumulative human health risk assessment under 
the Food Quality Protection Act. (See EPA's document ``Guidance for 
Identifying Pesticide Chemicals and Other Substances that Have a Common 
Mechanism of Toxicity'' located at http://www.epa.gov/fedrgstr/EPA-PEST/1999/February/Day-05/6055.pdf).
    The draft PR notice describes schemes of classification of 
pesticides according to their mode/target site of action (Appendices I-
III) provides a recommended standard presentation and format for 
showing group identification symbols on end-use product labels, and 
provides guidelines for labeling resistance management strategies in 
the use directions.

B. What Questions/Issues Should You Consider?

    The issues you should consider are as follows:
    1. Proposed general classification schemes based on mode/target 
site of action for herbicides, fungicides, and insecticides (Appendices 
I-III).
    2. Classification of pesticides with unknown mode/target site of 
action.
    3. Proposed general resistance management labeling statements.

C. Why is a PR Notice Guidance and Not a Rule?

    The draft PR notice discussed in this notice is intended to provide 
guidance to EPA personnel and decision-makers, and to the public. As a 
guidance document and not a rule, this policy is not binding on either 
EPA or any outside parties. Although this guidance document provides a 
starting point for EPA decisions, EPA will depart from this policy 
where the facts or circumstances warrant. In such cases, EPA will 
explain why a different course was taken. Similarly, outside parties 
remain free to assert that this policy is not appropriate for a 
specific pesticide or that the specific circumstances demonstrate that 
this policy should be abandoned.
    EPA has stated in this notice that it will make available revised 
guidance after consideration of public comment. Public comment is not 
being solicited for the purpose of converting this guidance document 
into a binding rule. EPA will not be codifying this policy in the Code 
of Federal Regulations. EPA is soliciting public comment so that it can 
make fully informed decisions regarding the content of this guidance.
    The ``revised'' guidance will not be an unalterable document. Once 
a ``revised'' guidance document is issued, EPA will continue to treat 
it as guidance, not a rule. Accordingly, on a case-by-case basis EPA 
will decide whether it is appropriate to depart from the guidance or to 
modify the overall approach in the guidance. In the course of 
commenting on this guidance document, EPA would welcome comments that 
specifically address how the guidance document can be structured so 
that it provides meaningful guidance without imposing binding 
requirements.

List of Subjects

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

    Dated: April 18, 2000.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
[FR Doc. 00-11147 Filed 5-9-00; 8:45 am]
BILLING CODE 6560-50-F


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