Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Notices 57281

vegetative buffer zones to reduce runoff, 

and restrictions on contaminated 

irrigation water. The Agency expects the 

proposed mitigation measures to reduce, 

but not eliminate, the exposure to nontarget plants. The Agency is analyzing 

other possible mitigation measures, 

especially those that could protect 

endangered plants, and would welcome 

public input and suggestions for 

additional mitigation measures. 

Considering EPA’s preliminary risk 

reduction options, such comments and 

proposals should further discuss ways 

to manage chlorsulfuron’s ecological 

risks resulting from its use, as discussed 

in the Agency’s risk assessments. 

EPA seeks to achieve environmental 

justice, the fair treatment and 

meaningful involvement of all people, 

regardless of race, color, national origin, 

or income, in the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies. To help address potential 

environmental justice issues, the 

Agency seeks information on any groups 

or segments of the population who, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical, unusually high exposure to 

chlorsulfuron, compared to the general 

population. 

EPA is applying the principles of 

public participation to all pesticides 

undergoing reregistration and tolerance 

reassessment. The Agency’s Pesticide 

Tolerance Reassessment and 

Reregistration; Public Participation 

Process, published in the Federal 

Register of May 14, 2004, (69 FR 26819) 

(FRL–7357–9), explains that in 

conducting these programs, the Agency 

is tailoring its public participation 

process to be commensurate with the 

level of risk, extent of use, complexity 

of the issues, and degree of public 

concern associated with each pesticide. 

For chlorsulfuron, a modified, 4–Phase 

process with one comment period and 

ample opportunity for public 

consultation seems appropriate in view 

of its refined risk assessments and 

limited uses. However, if as a result of 

comments received during this 

comment period EPA finds that 

additional issues warranting further 

discussion are raised, the Agency may 

lengthen the process and include a 

second comment period, as needed. 

EPA may issue the chlorsulfuron RED 

for public comment. 

All comments should be submitted 

using the methods in Unit I. of the 

SUPPLEMENTARY INFORMATION, and must 

be received by EPA on or before the 

closing date. Comments will become 

part of the Agency Docket for 

chlorsulfuron. Comments received after 

the close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 4(g)(2) of FIFRA as amended 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in 

product-specific data on individual enduse products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’

Section 408(q) of the FFDCA, 21 

U.S.C. 346a(q), requires EPA to review 

tolerances and exemptions for pesticide 

residues in effect as of August 2, 1996, 

to determine whether the tolerance or 

exemption meets the requirements of 

section 408(b)(2) or (c)(2) of FFDCA. 

This review is to be completed by 

August 3, 2006.

List of Subjects

Environmental protection, Pesticides 

and pests.

Dated: September 16, 2004. 

Debra Edwards, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs.

[FR Doc. 04–21510 Filed 9–23–04; 8:45 am] 

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0317; FRL–7680–7]

Flumetsulam; Tolerance 

Reassessment Decision for Low Risk 

Pesticide; Notice of Availability

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the 

availability of EPA’s Tolerance 

Reassessment Decision (TRED) for the 

pesticide flumetsulam, and opens a 

public comment period on this 

document, related risk assessments, and 

other support documents. EPA has 

reviewed the low risk pesticide 

flumetsulam through a modified, 

streamlined version of the public 

participation process that the Agency 

uses to involve the public in developing 

pesticide tolerance reassessment and 

reregistration decisions. Through the 

tolerance reassessment program, EPA is 

ensuring that all pesticides meet current 

health and food safety standards.

DATES: Comments, identified by docket 

Identification number OPP–2004–0317, 

must be received on or before October 

25, 2004.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

FOR FURTHER INFORMATION CONTACT:

Mika J. Hunter, Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 308–

0041; fax number: (703) 308–8041; email address:hunter.mika@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may 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 applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT.

B. 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 ID number OPP–2004–

0317. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, 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/.

57282 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / 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 I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket.

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket.

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff.

C. How and to Whom Do I Submit 

Comments?

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. Please 

ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute.

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment.

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, elect ‘‘search,’’ and then key in 

docket ID number OPP–2004–0317. The 

system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment.

ii. E-mail. Comments may be sent by 

e-mail to oppldocket@epa.gov, 

Attention: Docket ID number OPP–

2004–0317. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket.

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption.

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

number OPP–2004–0317.

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA, Attention: Docket ID 

number OPP–2004–0317. Such 

deliveries are only accepted during the 

docket’s normal hours of operation as 

identified in Unit I.B.1.

D. How Should I Submit CBI to the 

Agency?

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, mark the outside 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

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 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Notices 57283

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed 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 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 your 

estimate.

5. Provide specific examples to 

illustrate your concerns.

6. Offer alternatives.

7. Make sure to submit your 

comments by the comment period 

deadline identified.

8. To ensure proper receipt by EPA, 

identify the appropriate docket ID 

number in the subject line on the first 

page of your response. It would also be 

helpful if you provided the name, date, 

and Federal Register citation related to 

your comments.

II. Background

A. What Action is the Agency Taking?

EPA developed the flumetsulam 

TRED through a modified, streamlined 

version of its public process for making 

tolerance reassessment and 

reregistration eligibility decisions. 

Through these programs, the Agency is 

ensuring that pesticides meet current 

standards under the Federal Food, Drug, 

and Cosmetic Act (FFDCA) and the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended 

by FQPA. EPA must review tolerances 

and tolerance exemptions that were in 

effect when the FQPA was enacted, to 

ensure that these existing pesticide 

residue limits for food and feed 

commodities meet the safety standard 

established by the new law. Tolerances 

are considered reassessed once the 

safety finding has been made or a 

revocation occurs. EPA has reviewed 

and made the requisite safety finding for 

the flumetsulam tolerances included in 

this notice. 

EPA has reassessed the uses of 

flumetsulam, as well as 4 existing 

tolerances or legal residue limits, and 

reached a tolerance reassessment 

decision for this low risk pesticide. The 

Agency is issuing for comment the 

resulting Report on Food Quality 

Protection Act (FQPA) Tolerance 

Reassessment Progress and Risk 

Management Decision for flumetsulam, 

known as a TRED, as well as related risk 

assessments and technical support 

documents.

Flumetsulam is a herbicide registered 

for use on soybeans and field corn and 

belongs to the triazolopyrimidine 

chemical class. Flumetsulam can be 

applied pre-plant, pre-emergence, or 

post-emergence to control broadleaf 

weeds and may be applied alone or in 

formulation with other active 

ingredients. The maximum application 

rate for flumetsulam is 0.07 lb a.i/acre 

with a minimum pre-harvest interval 

range of 70 to 85 days. The highest 

usage of flumetsulamis on corn and 

approximately 12,000 pounds are used 

annually. A petition for a new use on 

dry beans has been submitted to the 

Agency. This use has been included in 

the risk assessment and is awaiting 

further action by the Registration 

Division.

Flumetsulam is in Toxicity Category 

III or IV for acute oral, dermal, and 

inhalation exposure and for dermal and 

ocular irritation, and is not a dermal 

sensitizer. There was no indication of 

reproductive, neurotoxicant, or 

carcinogenic effects from flumetsulam 

in the reviewed studies. There are no 

studies that identify an acute hazard 

based on toxic effects observed 

following a single oral dose. A 

conservative dietary (food and water) 

risk assessment concluded that for all 

supported commodities (including 

proposed dry bean), the chronic dietary 

exposure estimates are below the 

Agency’s level of concern for all 

population subgroups. The toxicology 

database for flumetsulam is adequate for 

FQPA considerations. Based on the 

hazard data, the Agency recommended 

that the special FQPA Safety Factor be 

reduced to 1X because there are low 

concerns, and no residential 

uncertainties with regard to prenatal 

and/or postnatal toxicity. The Agency 

is, therefore, not concerned with any 

risk resulting from exposure to 

flumetsulam.

EPA is applying the principles of 

public participation to all pesticides 

undergoing reregistration and tolerance 

reassessment. The Agency’s Pesticide 

Tolerance Reassessment and 

Reregistration; Public Participation 

Process, published in the Federal 

Register on May 14, 2004 (69 FR 26819) 

(FRL–7357–9, explains that in 

conducting these programs, the Agency 

is tailoring its public participation 

process to be commensurate with the 

level of risk, extent of use, complexity 

of issues, and degree of public concern 

associated with each pesticide. EPA can 

expeditiously reach decisions for 

pesticides like flumetsulam, which pose 

few risk concerns, have low use, and 

require no risk mitigation. Once EPA 

assesses uses and risks for such 

pesticides, the Agency may go directly 

to a decision and prepare a document 

summarizing its findings. The Agency 

therefore is issuing the low-risk 

flumetsulam TRED, risk assessments, 

and related documents simultaneously 

for public comment.

The tolerance reassessment program 

is being conducted under 

Congressionally mandated time frames, 

and EPA recognizes the need both to 

make timely decisions and to involve 

the public in finding ways to effectively 

mitigate pesticide risks. Flumetsulam, 

however, poses no risks that require 

mitigation. The Agency therefore is 

issuing the flumetsulam TRED, its risk 

assessments, and related support 

documents simultaneously for public 

comment. The comment period is 

intended to provide an opportunity for 

public input and a mechanism for 

initiating any necessary amendments to 

the TRED. All comments should be 

submitted using the methods in Unit I. 

of the SUPPLEMENTARY INFORMATION, and 

must be received by EPA on or before 

the closing date. These comments will 

become part of the Agency Docket for 

flumetsulam. Comments received after 

the close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments.

EPA will carefully consider all 

comments received by the closing date 

and will provide a Response to 

Comments Memorandum in the Docket 

and electronic EDOCKET. If any 

comment significantly affects the 

document, EPA also will publish an 

amendment to the TRED in the Federal 

Register. In the absence of substantive 

comments requiring changes, the 

decisions reflected in the TRED will be 

implemented as presented. These 

decisions may be supplemented by risk 

mitigation measures when EPA 

concludes its cumulative assessment of 

the pesticides.

B. What is the Agency’s Authority for 

Taking this Action?

Section 408(q) of the FFDCA, 21 

U.S.C. 346a(q), requires EPA to review 

tolerances and exemptions for pesticide 

residues in effect as of August 2, 1996, 

to determine whether the tolerance or 

exemption meets the requirements of 

57284 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Notices 

section 408(b)(2) or (c)(2) of FFDCA. 

This review is to be completed by 

August 3, 2006.

Section 4(g)(2) of FIFRA as amended 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in product 

specific data on individual end-use 

products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’

List of Subjects

Environmental protection, Pesticides 

and pests.

Dated: September 16, 2004.

Debra Edwards,

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs.

[FR Doc. 04–21507 Filed 9–23–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0258; FRL–7674–5]

Pesticide Products; Registration 

Applications

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces receipt 

of an application to register a pesticide 

product containing new active 

ingredient not included in any 

previously registered product pursuant 

to the provisions of section 3(c)(4) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended.

DATES: Written comments, identified by 

the docket ID number OPP–2004–0258, 

must be received on or before October 

25, 2004.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

FOR FURTHER INFORMATION CONTACT:

Andrew Bryceland, Biopesticides and 

Pollution Prevention Division (7511C), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6928; e-mail address: 

bryceland.andrew@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an 

agriculturalproducer, food 

manufacturer, or pesticide 

manufacturer. Potentially affected 

entities may include, but are not limited 

to:

• Crop production (NAICS 111)

• Animal production (NAICS 112)

• Food manufacturing (NAICS 311)

• Pesticide manufacturing (NAICS 

32532)

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. 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–2004–0258. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, 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/.

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 I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket.

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket.

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the Docket will 

be scanned and placed in EPA’s 

electronic public docket. Where 

practical, physical objects will be 

photographed, and the photograph will 

be placed in EPA’s electronic public 

docket along with a brief description 

written by the docket staff.