Worker Protection Standard; Reduced Restricted Entry Intervals for Certain Pesticides, Request for Comments on Draft Policy

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 156

[OPP-00399; FRL-4927-6]

Worker Protection Standard; Reduced Restricted Entry Intervals

for Certain Pesticides, Request for Comments on Draft Policy

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice, Request for Comment.

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SUMMARY: EPA is soliciting comments on a proposed policy, which would

be issued in a Pesticide Regulation Notice (PRN) entitled: ``Worker

Protection Standard: Reduced Restricted Entry Intervals for Certain

Pesticides. EPA proposes to allow registrants to reduce the interim

Worker Protection Standard (WPS) restricted entry intervals (REIs) from

12 to 4 hours for certain low risk pesticides. A proposed list of

active ingredients that are candidates for reduced interim WPS REIs

would be included in the PRN. End-use products containing active

ingredients that appear on the list would be evaluated using the

criteria described within the PRN to determine if the current REI may

be reduced to 4 hours. To facilitate the availability of the proposed

policy to anyone who may be interested in commenting, this notice

presents the proposed policy as it would appear in a PRN.

DATES: Written comments, identified by the docket number [OPP- 00399],

must be received on or before February 27, 1995.

ADDRESSES: By mail, submit comments to: Public Response and Program

Resources Branch, Field Operations Division (7506C), Office of

Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring comments to: Public Response and

Program Resources Branch, Field Operations Division, RM 1132, Crystal

Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Telephone number

for the OPP Docket is (703) 305- 5805. Information submitted and any

comment(s) concerning this notice may be claimed confidential by

marking any part or all of that information as ``Confidential Business

Information'' (CBI)

ents to: Public Response and

Program Resources Branch, Field Operations Division, RM 1132, Crystal

Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Telephone number

for the OPP Docket is (703) 305- 5805. Information submitted and any

comment(s) concerning this notice may be claimed confidential by

marking any part or all of that information as ``Confidential Business

Information'' (CBI). Information so marked will not be disclosed except

in accordance with procedures set forth in 40 CFR part 2. A copy of the

comment(s) that does not contain CBI must be submitted for inclusion in

the public record. Information not marked confidential may be disclosed

publicly by EPA without prior notice to the submitter. Information on

the proposed notice and any written comments will be available for

public inspection in Room 1128 at the Virginia address given above,

from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.

Comments and data may also be submitted electronically by any of

three different mechanisms: by sending electronic mail (e-mail) to:

[email protected]; by sending a ``Subscribe'' message to

[email protected] and once subscribed, send your

comments to RIN-2070-AC69; or through the EPA Electronic Bulletin Board

by dialing 202-488-3671, enter selection ``DMAIL,'' user name ``BB--

USER'' or 919-541-4642, enter selection ``MAIL,'' user name ``BB--

USER.'' Electronic comments must be submitted as an ASCII file avoiding

the use of special characters and any form of encryption. Comments and

data will also be accepted on disks in WordPerfect in 5.1 file format

or ASCII file format. All comments and data in electronic form must be

identified by the docket number OPP-00399 since all five documents in

this separate part provide the same electronic address. No CBI should

be submitted through e-mail. Electronic comments on this proposed rule,

but not the record, may be viewed or new comments filed online at many

Federal Depository Libraries

file format

or ASCII file format. All comments and data in electronic form must be

identified by the docket number OPP-00399 since all five documents in

this separate part provide the same electronic address. No CBI should

be submitted through e-mail. Electronic comments on this proposed rule,

but not the record, may be viewed or new comments filed online at many

Federal Depository Libraries. Additional information on electronic

submissions can be found in unit XV. of this document.

FOR FURTHER INFORMATION CONTACT: By mail, Judy Smith or Ameesha Mehta,

Certification, Training, and Occupational Safety Branch, Field

Operations Division (7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.

Office location and telephone number: 11th floor, Crystal Mall #2, 1921

Jefferson Davis Highway, Arlington, VA, 22202, (703)-305-7666.

SUPPLEMENTARY INFORMATION: The Agency is proposing to issue a Pesticide

Regulation Notice (PRN) to allow registrants to reduce the current

interim WPS REIs from 12 to 4 hours for certain low risk pesticides. In

order to provide ample opportunity for review and

comment by all interested parties, this notice presents the proposed

policy as it would appear in the PRN. Comments are invited on all

aspects of the proposed PRN, but particularly on whether active

ingredients should be added to or deleted from the list of candidate

active ingredients, whether the criteria for allowing the REI reduce

are appropriate, and whether there should be a time limit within which

registrants may change their registrations by notification, as opposed

to the submission of a formal registration amendment.

This proposed policy is one of a series of Agency actions in

response to concerns raised since the publication of the final WPS in

August 1992 by those interested in and affected by the rule

reduce

are appropriate, and whether there should be a time limit within which

registrants may change their registrations by notification, as opposed

to the submission of a formal registration amendment.

This proposed policy is one of a series of Agency actions in

response to concerns raised since the publication of the final WPS in

August 1992 by those interested in and affected by the rule. In

addition to this draft PRN, EPA is also proposing and seeking public

comment on actions regarding: (1) the worker training requirements; (2)

the early entry restrictions for irrigation activities; (3) restricted

intervals (REIs) for limited contact activities; and, (4) requirements

for crop advisors.

I. Summary of the Proposed PRN

The PRN would permit registrants to reduce the current interim WPS

REIs from 12 to 4 hours for certain low risk pesticides. Using the

criteria outlined below, the Agency screened 480 WPS ``in-scope''

pesticides and determined that the end-use products for 75 active

ingredients would be eligible for REI reduction. Attachment A lists the

potential candidate active ingredients that the Agency believes would

be eligible for REI reduction under the PRN.

Registrants of end-use products containing these active ingredients

may apply the criteria discussed below to determine whether their

product would be eligible for the reduced REI. A registrant who wishes

the Agency to consider an end-use product for a reduced REI that does

not meet all criteria, would need to submit an application for

amendment of the registration.

The Agency is proposing to allow registrants to revise labeling to

reflect the reduced REI through a notification process that could be

used until August 31, 1995. After that date, registrants would need to

submit applications for amendment of a registration and await Agency

approval. Such applications would be evaluated as routine amendments

and approved on the basis of the criteria in the PRN

e Agency is proposing to allow registrants to revise labeling to

reflect the reduced REI through a notification process that could be

used until August 31, 1995. After that date, registrants would need to

submit applications for amendment of a registration and await Agency

approval. Such applications would be evaluated as routine amendments

and approved on the basis of the criteria in the PRN.

If a registrant believes that an active ingredient, not listed as a

candidate for reduced REI in Attachment A, meets the criteria discussed

below, and that products containing that active ingredient should be

eligible for a reduced REI through the notification process, the

registrant should immediately contact Judy Smith at the address

provided in the FOR FURTHER INFORMATION CONTACT section.

If the Agency determines at any time that the reduced REI is not

appropriate, EPA will direct the registrant to revise the REI on the

label as appropriate.

II. Applicability

The PRN would only apply as follows:

1. To products subject to the WPS labeling requirements in 40 CFR

part 156, subpart K.

2. To products containing one or more of the active ingredients

listed in Attachment A. A product which contains an active ingredient

not listed in Attachment A would not eligible for the notification

procedures in the PRN.

3. To currently registered end-use products with interim WPS REIs.

New registrations would not be within the scope of the PRN. Pending

applications for registration will be considered against the criteria

of this notice, and, if acceptable, would be permitted the reduced REI

when registered.

III. Background

isted in Attachment A would not eligible for the notification

procedures in the PRN.

3. To currently registered end-use products with interim WPS REIs.

New registrations would not be within the scope of the PRN. Pending

applications for registration will be considered against the criteria

of this notice, and, if acceptable, would be permitted the reduced REI

when registered.

III. Background

The 1992 WPS established an interim minimum REI of 12 hours for all

end-use pesticide products for agricultural uses. (Longer interim REIs

were established for more toxic products.) The 12-hour minimum REI was

established for two reasons: (1) to substitute for the ``sprays have

dried and dusts have settled'' REI previously used; and (2) to

incorporate a margin of safety for unknown adverse effects.

The Agency has been requested by numerous registrants and pesticide

users to consider reducing the minimum 12 hour REI for lower toxicity

products that they believe do not need a 12 hour REI to protect

workers.

The REIs established through the WPS are interim measures until the

reregistration process or other comprehensive EPA review process

results in a definitive REI determination. In an effort to avoid

diversion of Agency resources from the risk evaluation conducted in the

reregistration process, regulatory relief in the form of a four hour

REI is proposed for those active ingredients that clearly pose very

low, post-application risks to workers.

IV. Policy and Rationale

ation process or other comprehensive EPA review process

results in a definitive REI determination. In an effort to avoid

diversion of Agency resources from the risk evaluation conducted in the

reregistration process, regulatory relief in the form of a four hour

REI is proposed for those active ingredients that clearly pose very

low, post-application risks to workers.

IV. Policy and Rationale

EPA has considered whether there may be some end-use products for

which a 12-hour REI is not necessary, and has identified a limited set

of lower toxicity active ingredients for which it is prepared to allow

reduction of the REI for EPs that meet certain criteria. The active

ingredient list is limited because a reduction of the WPS REI from 12

to 4 hours could result in dermal and eye exposures that would equal

exposures experienced by entry immediately following application, and

because any risk mitigation benefits gained by not allowing workers to

reenter treated areas before 12 hours is lost. For these reasons, the

Agency is proposing to permit only those end-use products that contain

active ingredients meeting the criteria in Unit IV to be eligible for a

reduced REI.

The Agency believes that reducing the REIs for pesticides which

meet the criteria below would not substantially increase risks to

workers. Reducing the REI would provide agricultural producers with

greater flexibility and may promote the use of these inherently less

toxic products over those with greater risks and longer REIs.

After August 31, 1995, registrants must use the existing label

amendment process to request a reduction in a REI.

V. Criteria for Active Ingredient Selection

d not substantially increase risks to

workers. Reducing the REI would provide agricultural producers with

greater flexibility and may promote the use of these inherently less

toxic products over those with greater risks and longer REIs.

After August 31, 1995, registrants must use the existing label

amendment process to request a reduction in a REI.

V. Criteria for Active Ingredient Selection

EPA considered for inclusion in Attachment A active ingredients in

three categories: microbial pesticides (living organisms, including

protozoans, fungi, bacteria, and viruses); biochemical pesticides

(materials that occur in nature and possess a non-toxic mode of action

to the target pest(s); and certain conventional chemical pesticides.

The following criteria were used to select the active ingredients in

Attachment A:

1. The active ingredient is in Toxicity category III or IV based

upon data on acute dermal toxicity, primary skin irritation, and

primary eye irritation. Acute oral toxicity data were used in place of

acute dermal toxicity if no acute dermal data were available.

2. The active ingredient is not a sensitizer (or in the case of

biochemical and microbial active ingredients, no known reports of

hypersensitivity exist).

3. No known adverse health effects are associated with the active

ingredient, i.e. carcinogenicity, mutagenicity, developmental effects,

reproductive effects.

4. EPA does not possess incident information (illness or injury

reports) that are ``definitely'' or ``probably'' related to post-

application exposures to the active ingredient.

5. The active ingredient also may not be a cholinesterase

inhibitor.

adverse health effects are associated with the active

ingredient, i.e. carcinogenicity, mutagenicity, developmental effects,

reproductive effects.

4. EPA does not possess incident information (illness or injury

reports) that are ``definitely'' or ``probably'' related to post-

application exposures to the active ingredient.

5. The active ingredient also may not be a cholinesterase

inhibitor.

The Agency determined that a total of 397 potential active

ingredients were in Toxicity Category 3 or 4 for at least one of the

following guideline studies: oral, inhalation, dermal, skin irritation,

and eye irritation. After this initial screening, 109 of the 397 active

ingredients whose end-use products would have REIs greater than 12

hours were excluded, resulting in 287 potential candidates. The REI's

of these 109 active ingredients were set utilizing chemical specific

data via the registration, reregistration, or special review process.

The remaining 287 active ingredients were then screened to determine if

both the dermal toxicity and eye irritation tests resulted in Toxicity

Category 3 or 4, and the results of the sensitization/

hypersensitization test were negative. Candidates failing to meet this

criteria were excluded from consideration. This screen reduced the

number to 88 active ingredients. From this group of 88 active

ingredients, an additional 13 were excluded for subchronic,

developmental, reproductive, mutagenicity, or carcinogenicity concerns,

or if the registration was not supported currently. This resulted in 75

active ingredients as potential candidates for REI reduction to 4

hours.

Some active ingredients are not included on the list in Attachment

A because they have been the subject of a reregistration eligibility

document (RED), in which the Agency concluded that a 12 hour REI was

necessary to protect workers. These active ingredients would not be

eligible for reduced REIs through the notification process outlined in

the PRN

candidates for REI reduction to 4

hours.

Some active ingredients are not included on the list in Attachment

A because they have been the subject of a reregistration eligibility

document (RED), in which the Agency concluded that a 12 hour REI was

necessary to protect workers. These active ingredients would not be

eligible for reduced REIs through the notification process outlined in

the PRN. It should be noted that WPS does not apply to pheromones

utilized in insect traps and will not be included in the PRN.

VI. Agency Determination for Adding Active Ingredients To Candidate

List

If a registrant believes an active ingredient meets the criteria

set forth in Part IV of the PR Notice, and that products containing

that active ingredient should be eligible for a reduced REI through the

notification process, the registrant should contact Judy Smith in

Certification, Training and Occupational Safety Branch, Field

Operations Division (7506C), 401 M St., SW., Washington DC 20460,

before August 31, 1995. If a registrant or other party has information

or data indicating that an active ingredient should not be on the

candidate list, the registrant must notify the Agency before August 31,

1995. To be considered for a reduced REI, the active ingredient must

meet the criteria outlined in the PRN, based upon studies determined by

the Agency to be acceptable. The registrant would be required to submit

the studies [or cite their MRID numbers and provide copies of Agency

reviews that confirm that the criteria are met]. For additional

information on this issue, registrants should contact Judy Smith (703-

305-7666) as early in the comment period as possible.

VII. Procedures for Determining Eligibility of End-Use Products

studies, the product is in Toxicity

category III or IV.

3. Based on the sensitization or hypersensitivity studies, the

product is not a sensitizer or there have been no reports of

hypersensitivity.

4. The registrant has no data indicating, and is not aware of,

adverse health effects associated with the EP, i.e., carcinogenicity,

mutagenicity, developmental effects, reproductive effects.

5. The registrant is not aware and has not been informed of

incident information (illness or injury reports) that are

``definitely'' or ``probably'' (as defined by the California Incident

Reporting System) related to post-application exposures to the product.

VIII. Procedure for Notification/Certification

A. Notification Statement

For each product that qualifies for the notification procedures,

the registrant would be required to submit:

1. An Application for Registration (EPA Form 8570-1), identified as

a notification under this PRN.

2. Three copies of a revised label, clearly marked to highlight the

revised REI.

3. The information required to demonstrate that the product is

eligible for the reduced REI.

4. The following certification statement:

I certify that this notification is consistent with the

provisions of PR Notice 95-x and that no other changes have been

made to the labeling or the confidential statement of formula of

this product.

I further understand that if this notification is not consistent

with the terms of PR Notice 95-x, this product may be in violation

of FIFRA and I may be subject to enforcement action and penalties

under sections 12 and 14 of FIFRA. I understand that the Agency may

direct a change in the REI of a product subject to this notice if

the Agency determines that a change is appropriate, and that

products may be subject to regulatory and enforcement action if the

appropriate changes are not made.

B.Final Printed Labeling

ation

of FIFRA and I may be subject to enforcement action and penalties

under sections 12 and 14 of FIFRA. I understand that the Agency may

direct a change in the REI of a product subject to this notice if

the Agency determines that a change is appropriate, and that

products may be subject to regulatory and enforcement action if the

appropriate changes are not made.

B.Final Printed Labeling

For each product, final printed labeling must be submitted either

as part of the notification or separately in accordance with PR Notice

82-2, before the product may be distributed or sold.

IX. Sale and Distribution

After the PRN is issued and once the registrant has submitted the

information and certification specified in Unit VIII, the registrant

would be able to sell or distribute products bearing the registrant-

certified revised labeling that was submitted to the Agency.

X. Permitted Relabeling of Product in Channels of Trade

After the PRN is issued, registrants revising their labeling to

reduce an interim REI from 12 hours to 4 hours may revise labeling of

products through stickering or full relabeling. Stickering, or full

relabeling, may occur at sites where product is not under direct

registrant control (such as distribution or retail sites), by any

person the registrant designates, and without registration of the site

as a pesticide producing establishment. The registrant, however,

retains full responsibility for ensuring that such labeling

modifications are carried out correctly.

XI. Agency Determination to Revise the REI

occur at sites where product is not under direct

registrant control (such as distribution or retail sites), by any

person the registrant designates, and without registration of the site

as a pesticide producing establishment. The registrant, however,

retains full responsibility for ensuring that such labeling

modifications are carried out correctly.

XI. Agency Determination to Revise the REI

Registrants should note that FIFRA sec. 6(a)(2) requires that they

submit to the Agency any information or data concerning any adverse

effect, illness or injury associated with a product or its use,

including those resulting from post- application exposures.

If, on the basis of information received from a registrant or other

sources, the Agency determines that the 4-hour REI should be increased,

the Agency will inform the registrant of that determination and of the

new REI that must replace the 4-hour REI. The Agency will also inform

the registrant at that time of actions, if any, that must be taken with

respect to existing stocks of product labeled with a 4-hour REI.

The Agency intends to bring misbranding actions and issue stop

sale, use, and removal orders if the appropriate changes and actions

are not taken immediately upon notification to the registrant.

XII. Compliance

Registrants are responsible for the content and accuracy of

labeling and for compliance with labeling requirements. Registrants

that submit notifications which do not comply with the PRN or EPA's

requirements may be subject to enforcement action under FIFRA sections

12 and 14.

Registrants electing to sell or distribute products bearing

registrant-verified revised labeling run the risk that the proposed

label is incorrect and must be revised. In most cases, incorrectly

reducing the REI from 12 hours to 4 hours would be considered a serious

error possibly requiring stop-sale orders, recalls, or civil penalties

ct to enforcement action under FIFRA sections

12 and 14.

Registrants electing to sell or distribute products bearing

registrant-verified revised labeling run the risk that the proposed

label is incorrect and must be revised. In most cases, incorrectly

reducing the REI from 12 hours to 4 hours would be considered a serious

error possibly requiring stop-sale orders, recalls, or civil penalties.

A serious error is one which may create a potential for harm to

workers, handlers, or other persons, or the environment, or when the

errors prevent achievement of basic goals of the WPS or FIFRA.

XIII. Consultations

EPA consulted with USDA and their comments were considered in the

preparation of this document. In addition, although this action is not

a ``significant regulatory action'' under Executive Order 12866 (58 FR

51735, October 4, 1993), it was submitted to the Office of Management

and Budget for a 10-day informal review. Any changes made have been

documented in the public record.

Pursuant to Executive Order 12866 (58 FR 51735, October 4, 1993),

it has been determined that this is not a ``significant regulatory

action.'' This action does not raise potential novel legal or policy

issues arising out of legal mandates, the President's priorities, or

the principles set forth in the Executive Order. Nevertheless, this

action was submitted to OMB for review, and any comments or changes

made have been documented in the public record.

XIV. Attachment A

Attachment A--Candidate List of Active Ingredients Eligible for Reduced

Entry Intervals (REIs).

tial novel legal or policy

issues arising out of legal mandates, the President's priorities, or

the principles set forth in the Executive Order. Nevertheless, this

action was submitted to OMB for review, and any comments or changes

made have been documented in the public record.

XIV. Attachment A

Attachment A--Candidate List of Active Ingredients Eligible for Reduced

Entry Intervals (REIs).

Acetylchitin

Agrobacterium radiobacter

Ampelomyces quisqualis isolate M-10

Azadirachtin

B. t. subsp. aizawai

B. t. subsp. aizawai strain GC-91

B. t. subsp. israelensis

B. t. subsp. kurstaki

B. t. subsp. kurstaki HD-263

B. t. subsp. kurstaki strain EG2348

B. t. subsp. kurstaki strain EG2371

B. t. subsp. kurstaki strain EG2424

B. t. subsp. san diego

B. t. subsp. tenebrionis

Bacillus popilliae and B. lentimorbus

Bacillus sphaericus

Bacillus subtilis GB03

Bacillus subtilis MBI 600

Boron sodium oxide, tetrahydrate

Calcium oxytetracycline

Chlorsulfuron

Colletotrichum gleosporioides spores

Cytokinin

D-Phenothrin

Disparlure: cis-7,8-epoxy-2-methyloctadecane

Ethoxyquin

Fenridazon

Gibberellic acid

Gibberellin A4 mixt. with Gibberellin A7

Gliocladium virens G-21

Gossyplure: Hexadecadien-1-ol, acetate

Indole-3-butyric acid

Kinoprene

Lagendidium giganteum, mycelium or oospores

Metsulfuron-methyl

Mineral oil

Muscalure, component of (E)-9-Tricosene

Muscalure, component of (Z)-9-Tricosene

Nicosulfuron

Nosema locustae

Oxytetracycline hydrochloride

Periplanone B

Phytophthora palmivora, chlamydospores

Polyhedral inclusion bodies of Douglas fir tussock moth NPV

Polyhedral inclusion bodies of Heliothis NPV

Polyhedral inclusion bodies of Neodiprion sertifer NPV

Polyhedral inclusion bodies of Gypsy moth NPV

Polyhedral occlusion bodies of Autographa californica NPV

Polyhedral occlusion bodies of beet armyworm NPV

Pseudomonas cepacia type Wisconsin

Pseudomonas fluorescens 1629RS

Pseudomonas fluorescens A506

Pseudomonas fluorescens EG-1053

Pseudomonas fluorescens Strain NCIB 12089

Pseudomon

NPV

Polyhedral inclusion bodies of Neodiprion sertifer NPV

Polyhedral inclusion bodies of Gypsy moth NPV

Polyhedral occlusion bodies of Autographa californica NPV

Polyhedral occlusion bodies of beet armyworm NPV

Pseudomonas cepacia type Wisconsin

Pseudomonas fluorescens 1629RS

Pseudomonas fluorescens A506

Pseudomonas fluorescens EG-1053

Pseudomonas fluorescens Strain NCIB 12089

Pseudomonas syringae 742RS

Puccinia canaliculate (Schweinitz) Langerheim (ATCC ???)

Sesame plant, ground

Siduron

Silica gel

Silicon dioxide

Sodium carboxymethyl cellulose

Sodium metaborate (NaBO2)

Soybean oil

Streptomyces griseoviridis

Streptomycin

Streptomycin sesquisulfate

Sulfometuron methyl

Thifensulfuron methyl

Tomato pinworm pheromone: (E)-4-tridecen-1-yl acetate

Tomato pinworm pheromone: (Z)-4-tridecen-1-yl acetate

Triacontanol

Triasulfuron

Trichoderma harzianum (ATCC 20476)

Trichoderma harzianum Rifai strain KRL-AG2

Trichoderma polysporum (ATCC 20475)

XV. Public Docket and Electronic Comments

A record has been established for this rulemaking under docket

number ``OPP-00399'' (including comments and data submitted

electronically as described below). A public version of this record,

including printed, paper versions of electronic comments, which does

not include any information claimed as confidential business

information (CBI), is available for inspection from 8 a.m. to 4 p.m.,

Monday through Friday, excluding legal holidays. The public record is

located in Room 1132 of the Public Response and Program Resources

Branch, Field Operations Division (7506C), Office of Pesticide

Programs, Environmental Protection Agency, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA. Written comments should be mailed to: Public

Response and Program Resources Branch, Field Operations Division

(7506C) Office of Pesticide Programs, Environmental Protection Agency,

401 M St., SW., Washington, DC 20460

Program Resources

Branch, Field Operations Division (7506C), Office of Pesticide

Programs, Environmental Protection Agency, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA. Written comments should be mailed to: Public

Response and Program Resources Branch, Field Operations Division

(7506C) Office of Pesticide Programs, Environmental Protection Agency,

401 M St., SW., Washington, DC 20460.

As part of an interagency ``streamlining'' initiative, EPA is

experimenting with submission of public comments on selected Federal

Register actions electronically through the Internet in addition to

accepting comments in traditional written form. This proposed exception

is one of the actions selected by EPA for this experiment. From the

experiment, EPA will learn how electronic commenting works, and any

problems that arise can be addressed before EPA adopts electronic

commenting more broadly in its rulemaking activities. Electronic

commenting through posting to the EPA Bulletin Board or through the

Internet using the ListServe function raise some

novel issues that are discussed below in this Unit.

To submit electronic comments, persons can either ``subscribe'' to

the Internet ListServe application or ``post'' comments to the EPA

Bulletin Board. To ``Subscribe'' to the Internet ListServe application

for this proposed exception, send an e-mail message to:

[email protected] that says ``Subscribe RIN-2070-AC69

.'' Once you are subscribed to the ListServe,

comments should be sent to: RIN-2070-AC[email protected]. All

comments and data in electronic form should be identified by the docket

number OPP-00399 since all five documents in this separate part provide

the same electronic address

on

for this proposed exception, send an e-mail message to:

[email protected] that says ``Subscribe RIN-2070-AC69

.'' Once you are subscribed to the ListServe,

comments should be sent to: RIN-2070-AC[email protected]. All

comments and data in electronic form should be identified by the docket

number OPP-00399 since all five documents in this separate part provide

the same electronic address.

For online viewing of submissions and posting of comments, the

public access EPA Bulletin Board is also available by dialing 202-488-

3671, enter selection ``DMAIL,'' user name ``BB--USER'' or 919-541-

4642, enter selection ``MAIL,'' user name ``BB--USER.'' When dialing

the EPA Bulletin Board type at the opening message. When the

``Notes'' prompt appears, type ``open RIN- 2070-AC69'' to access the

posted messages for this document. To get a listing of all files, type

``dir/all'' at the prompt line. Electronic comments can also be sent

directly to EPA at:

[email protected].

Electronic comments must be submitted as an ASCII file avoiding the

use of special characters and any form of encryption. To obtain further

information on the electronic comment process, or on submitting

comments on this proposed exception electronically through the EPA

Bulletin Board or the Internet ListServe, please contact John A.

Richards (Telephone: 202-260-2253; FAX: 202-260-3884; Internet:

[email protected]).

Persons who comment on this proposed rule, and those who view

comments electronically, should be aware that this experimental

electronic commenting is administered on a completely public system.

Therefore, any personal information included in comments and the

electronic mail addresses of those who make comments electronically are

automatically available to anyone else who views the comments.

Similarly, since all electronic comments are available to all users,

commenters should not submit electronically any information which they

believe to be CBI

tered on a completely public system.

Therefore, any personal information included in comments and the

electronic mail addresses of those who make comments electronically are

automatically available to anyone else who views the comments.

Similarly, since all electronic comments are available to all users,

commenters should not submit electronically any information which they

believe to be CBI. Such information should be submitted only directly

to EPA in writing as described earlier in this Unit.

Commenters and others outside EPA may choose to comment on the

comments submitted by others using the RIN-2070-AC69 ListServe or the

EPA Bulletin Board. If they do so, those comments as well will become

part of EPA's record for this rulemaking. Persons outside EPA wishing

to discuss comments with commenters or otherwise communicate with

commenters but not have those discussions or communications sent to EPA

and included in the EPA rulemaking record should conduct those

discussions and communications outside the RIN-2070-AC69 ListServe or

the EPA Bulletin Board.

The official record for this rulemaking, as well as the public

version, as described above will be kept in paper form. Accordingly,

EPA will transfer all comments received electronically in the RIN-2070-

AC69 ListServe or the EPA Bulletin Board, in accordance with the

instructions for electronic submission, into printed, paper form as

they are received and will place the paper copies in the official

rulemaking record which will also include all comments submitted

directly in writing. All the electronic comments will be available to

everyone who obtains access to the RIN-2070-AC69 ListServe or the EPA

Bulletin Board; however, the official rulemaking record is the paper

record maintained at the address in ``ADDRESSES'' at the beginning of

this document

ace the paper copies in the official

rulemaking record which will also include all comments submitted

directly in writing. All the electronic comments will be available to

everyone who obtains access to the RIN-2070-AC69 ListServe or the EPA

Bulletin Board; however, the official rulemaking record is the paper

record maintained at the address in ``ADDRESSES'' at the beginning of

this document. (Comments submitted only in written form will not be

transferred into electronic form and thus may be accessed only by

reviewing them in the Public Response and Program Resources Branch as

described above.)

Because the electronic comment process is still experimental, EPA

cannot guarantee that all electronic comments will be accurately

converted to printed, paper form. If EPA becomes aware, in transferring

an electronic comment to printed, paper form, of a problem or error

that results in an obviously garbled comment, EPA will attempt to

contact the comment submitter and advise the submitter to resubmit the

comment either in electronic or written form. Some commenters may

choose to submit identical comments in both electronic and written form

to ensure accuracy. In that case, EPA requests that commenters clearly

note in both the electronic and written submissions that the comments

are duplicated in the other medium. This will assist EPA in processing

and filing the comments in the rulemaking record.

As with ordinary written comments, at the time of receipt, EPA will

not attempt to verify the identities of electronic commenters nor to

review the accuracy of electronic comments. Electronic and written

comments will be placed in the rulemaking record without any editing or

change by EPA except to the extent changes occur in the process of

converting electronic comments to printed, paper form

s with ordinary written comments, at the time of receipt, EPA will

not attempt to verify the identities of electronic commenters nor to

review the accuracy of electronic comments. Electronic and written

comments will be placed in the rulemaking record without any editing or

change by EPA except to the extent changes occur in the process of

converting electronic comments to printed, paper form.

If it chooses to respond officially to electronic comments on this

proposed rule, EPA will do so either in a notice in the Federal

Register or in a response to comments document placed in the rulemaking

record for this proposed rule. EPA will not respond to commenters

electronically other than to seek clarification of electronic comments

that may be garbled in transmission or conversion to printed, paper

form as discussed above. Any communications from EPA employees to

electronic commenters, other than those described in this paragraph,

either through Internet or otherwise are not official responses from

EPA.

List of Subjects in 40 CFR Part 156

Labeling, Occupational Safety and health, Pesticides and pest,

Reporting and recordkeeping requirements.

Dated: January 3, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95-587 Filed 1-6-95; 12:15 pm]

BILLING CODE 6560-50-F