Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 55839 

have sufficient professional 

qualifications, including training and 

experience, to be capable of providing 

expert comments as to the impact on 

health and the environment of 

regulatory actions under sections 6(b) 

and 25(a) of FIFRA. The Deputy 

Administrator appoints seven 

individuals to serve on the FIFRA SAP 

for staggered terms of 4 years, based on 

recommendations from the National 

Institutes of Health and the National 

Science Foundation. 

Section 104 of FQPA (Public Law 

104–170) established the FQPA Science 

Review Board (SRB). These scientists 

shall be available to the FIFRA SAP on 

an ad hoc basis to assist in reviews 

conducted by the FIFRA SAP. 

B. Public Meeting 

The FIFRA SAP will meet to consider 

and review plant-incorporated 

protectants based on virus coat protein 

genes: science issues associated with a 

review of proposed rules. A plantincorporated protectant (PIP) is a 

pesticidal substance that is intended to 

be produced and used in a living plant, 

or in the produce thereof, and the 

genetic material necessary for 

production of such a pesticidal 

substance. The term includes both 

active and inert ingredients. PIPs are 

regulated as pesticides by EPA under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) because they 

meet the FIFRA definition of a 

pesticide, being intended for preventing, 

destroying, repelling, or mitigating a 

pest. Residues of PVCP-PIPs in or on 

food are also subject to FFDCA section 

408 because PIPs meet the FFDCA 

definition of a pesticide chemical. 

PIPs may occur naturally or be 

introduced into plants by conventional 

breeding or genetic engineering. PVCPPIPs are PIPs in which inserted genetic 

material is derived from a plant virus 

sequence that encodes a plant virus coat 

protein. Plant virus coat proteins 

encapsidate the viral nucleic acid and 

are known to have a role in nearly every 

stage of viral infection including 

replication, movement throughout an 

infected plant, and transport from plant 

to plant. Incorporation of plant virus 

coat protein gene sequences into plant 

genomes has been found to confer 

resistance to the virus from which it was 

derived and often to related viruses. 

EPA is seeking the assistance of the 

FIFRA SAP in evaluating several issues 

associated with the review of proposed 

rules that would exempt certain PVCPPIPs from regulation under FFDCA and/ 

or FIFRA. These issues include the 

potential human health effects from 

exposure to residues of PVCP-PIPs, the 

potential for non-target impacts, and the 

potential environmental consequences 

associated with gene flow and 

recombination. 

C. FIFRA SAP Meeting Minutes 

The FIFRA SAP will prepare meeting 

minutes summarizing its 

recommendations to the Agency in 

approximately 90 days after the 

meeting. The meeting minutes will be 

posted on the FIFRA SAP web site or 

may be obtained by contacting the PIRIB 

at the address or telephone number 

listed in Unit I. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 19, 2005. 

Clifford J. Gabriel, 

Director, Office of Science Coordination and 

Policy. 

[FR Doc. 05–19129 Filed 9–22–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2004–0348; FRL–7733–5] 

Malathion; Revised Risk Assessments, 

Notice of Availability, and Solicitation 

of Risk Reduction Options 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s revised human 

health risk assessment and as well as 

the start of a 60-day comment period 

ecological risk assessment for the 

organophosphate pesticide malathion. A 

revised human health assessment on 

malathion was conducted to incorporate 

toxicity data which EPA received after 

2000. Since no additional ecological 

data on malathion has been received 

after 2000, EPA’s ecological risk 

characterization has remained 

unchanged. This notice also solicits 

information or data from stakeholders 

and interested parties to help refine the 

malathion risk assessment, and 

encourages parties to suggest risk 

management ideas or proposals to 

address the potential risks which have 

been identified. EPA is developing an 

Interim Reregistration Eligibility 

Decision (IRED) for malathion through 

the full, 6-Phase public participation 

process, which in this case includes 

reissuing the revised risk assessment for 

an additional Phase 5 public comment 

period. The Agency uses this process to 

involve the public in developing 

pesticide reregistration and tolerance 

reassessment decisions. Through these 

programs, EPA is ensuring that all 

pesticides meet current health and 

safety standards. 

DATES: Comments must be received on 

or before November 22, 2005. 

ADDRESSES: Comments, identified by 

identificaiton (ID) number OPP–2004–

0348, 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: Tom 

Moriarty, Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 305–

5035; fax number: (703) 308–8005; email address: moriarty.thomas@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–

0348. 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, 

55840 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 

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, to 

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. 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 

e-mail 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, select ‘‘search,’’ and then key in 

docket ID number OPP–2004–0348. 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 opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2004–0348. 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–2004–0348. 

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–2004–0348. 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. 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 55841 

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 

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 Registercitation related to 

your comments. 

II. Background 

A. What Action is the Agency Taking? 

EPA is making available the Agency’s 

revised human health risk assessment, 

and ecological risk assessment on 

malathion. Previously completed risk 

assessments were issued for public 

comment through a Federal Register 

notice published on December 12, 2000 

(65 FR 77624) (FRL–6756–7), along with 

EPA’s response to comments; and 

related documents for malathion. EPA 

has updated its human health risk 

assessment since 2000 by incorporating 

data received since that time. However, 

since no additional ecological data 

regarding malathion has been received 

since 2000, the ecological risk 

assessment currently being made 

available is the same assessment 

completed in 2000. EPA developed the 

risk assessments for malathion as part of 

its public process for making pesticide 

reregistration eligibility and tolerance 

reassessment decisions. Through these 

programs, EPA is ensuring that 

pesticides meet current standards under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) and the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA). 

Malathion is characterized as a nonsystemic, broad spectrum 

organophosphate pesticide with 

numerous commercial agricultural uses, 

residential uses and, as well as several 

wide area uses. Malathion’s wide area 

applications include use as a public 

health mosquitocide, use to control fruit 

flies, and use in eradication programs 

such as the U.S. Department of 

Argriculture’s Boll Weevil Eradication 

Program. Malathion is also formulated 

into a pharmaceutical product (Ovide

Lotion) which is approved by the Food 

and Drug Administration for the control 

of head lice and their ova. 

EPA’s revised human health risk 

assessment has identified potential risks 

of concern from various uses of 

malathion, some of which are derived 

mainly from potential exposure to 

malathion’s oxygen metabolite, 

malaoxon. Concerns include potential 

exposure to malaoxon through drinking 

water, and from drift as a result of wide 

area applications. The Agency also has 

potential risk concerns for adults and 

children who may be exposed to 

malathion per se from the home fogger 

use of malathion. EPA has also included 

an analysis of the pharmaceutical use of 

malathion. The analysis of the 

pharmaceutical use presents the 

proposed safety findings on malathion 

as a pharmaceutical and a pesticide 

product from the joint perspective of 

both the Food and Drug Administration 

and EPA. 

The Agency is interested in receiving 

information which would help refine 

the identified risks, and information on 

effective and practical measures to 

mitigate potential risk. Information or 

data that could refine uncertainties, or 

risk estimates that exceed the Agency’s 

level of concern are of particular 

concern to the Agency. Because EPA 

notes that estimated dietary risks differ 

significantly between calculations made 

with maximum and typical application 

parameters, the Agency is interested in 

information on typical use patterns 

(rates, number of applications, or 

application intervals) for commercial 

agricultural crops. EPA notes that in 

conducting its occupational assessment, 

exposure data were unavailable for two 

specific application scenarios, (1) power 

dusters, and (2) plant dipping scenarios, 

and is requesting additional information 

on either of these application scenarios. 

In addition, information is requested on 

the feasibility of the levels of protection 

assessed for pesticide handlers, and the 

maximum restricted entry intervals 

being evaluated, as well as the type of 

post-application activities which need 

to be performed for the scenarios 

assessed. With respect to the estimated 

risk from wide area treatments, EPA 

notes that additional data on the 

transformation of malathion to 

malaoxon could potentially refine this 

portion of the malathion risk 

assessment. Additional toxicity data on 

malaoxon may also be a help to EPA. 

EPA is also interested in information on 

typical storage conditions, or 

information on malathion’s product life 

cycle, such as how long a product is 

typically stored before it is used. 

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–6756–7), explains that in 

conducting these programs, EPA 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. As mentioned 

earlier, a revised risk assessment on 

malathion was previously published in 

2000 during Phase 5 of the 6–Phase 

process. However, due to new data and 

revised risk characterization, EPA is 

reissuing its current revised risk 

assessment during a second Phase 5 

public comment period. 

All comments should be submitted 

using the methods in Unit I. and must 

be received by EPA on or before the 

closing date. Comments and proposals 

will become part of the Agency Docket 

for malathion. Comments received after 

the close of the comment period will be 

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

consider these late comments. 

After considering comments received, 

EPA will develop and issue the 

Malathion IRED. The decisions 

presented in this IRED may be 

supplemented by further risk mitigation 

measures when EPA considers its 

cumulative assessment of the 

organophosphate pesticides. 

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 

55842 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 

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 14, 2005. 

Debra Edwards, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. 05–18705 Filed 9–22–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0013; FRL–7696–1] 

Pesticide Reregistration Performance 

Measures and Goals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

progress in meeting its performance 

measures and goals for pesticide 

reregistration during fiscal year 2004. 

The Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) requires EPA 

to publish information about EPA’s 

annual achievements in this area. This 

notice discusses the integration of 

tolerance reassessment with the 

reregistration process, and describes the 

status of various regulatory activities 

associated with reregistration and 

tolerance reassessment. The notice gives 

total numbers of chemicals and 

products reregistered, tolerances 

reassessed, Data Call-Ins issued, and 

products registered under the ‘‘fasttrack’’ provisions of FIFRA. Finally, this 

notice contains the schedule for 

completion of activities for specific 

chemicals during fiscal years 2005 

through 2008. 

DATES: This notice is not subject to a 

formal comment period. Nevertheless, 

EPA welcomes input from stakeholders 

and the general public. Written 

comments, identified by the docket ID 

number [OPP–2005–0013], should be 

received on or before November 22, 

2005. 

ADDRESSES: Comments may be 

submitted by mail, electronically, or in 

person. Please follow the detailed 

instructions for each method as 

provided in Unit I. of the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Carol P. Stangel, Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone: (703) 308–8007; 

e-mail:stangel.carol@epa.gov. 

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 persons who are 

interested in the progress and status of 

EPA’s pesticide reregistration and 

tolerance reassessment programs, 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 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–2005–

0013. 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, CrystalMall 

#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 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. 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