2848 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules

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.

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.

VII. EPA Decision on Proposed

Exception

EPA will publish in the Federal

Register its final decision on whether to

grant the request for a national

exception. EPA will base its decision on

whether the benefits of the exceptions

outweigh the costs. An exception may

be withdrawn by EPA at any time if EPA

receives poisoning information or other

data that indicate that the health risks

imposed by the early entry exception

are unacceptable or if EPA receives

other information that indicates that the

exception is no longer necessary or

prudent.

Dated: January 3, 1995.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

[FR Doc. 95–586 Filed 1–6–95; 12:15 pm]

BILLING CODE 6560–50–F

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.

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). 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: DocketOPPTS@epamail.epa.gov; by sending a

‘‘Subscribe’’ message to

listserver@unixmail.rtpnc.epa.gov 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. 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
Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules 2849

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. 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.

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

The 1992 WPS established an interim

minimum REI of 12 hours for all enduse 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, postapplication 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

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.
2850 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules

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. 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

If the active ingredient(s) is included

on Attachment A, the registrant must

evaluate the product to determine if the

EP is eligible for REI reduction. To be

acceptable, the following criteria must

be met. The registrant must certify to the

Agency that the EP meets all of the

criteria outlined below:

1. The registrant has submitted or

cited studies for the EP on acute dermal

toxicity, primary skin irritation, primary

eye irritation and skin sensitization (or

hypersensitivity if the product contains

a microbial or biochemical active

ingredient). The Agency need not have

completed these study reviews.

a. The registrant must cite the MRID

numbers for all studies submitted.

b. If EPA has permitted the use of

studies performed on a substantially

similar EP to fulfill the acute toxicity

data requirements, the registrant must

submit proof that EPA has approved the

use of these studies.

c. If EPA has waived a data

requirement for one or more of the

required studies, the registrant must

submit proof that the data were waived.

d. If all studies on the EP have not

been submitted, cited, or waived, the

REI may not be reduced for the end-use

product at this time.

2. Based on the acute toxicity 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 postapplication 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

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.
Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules 2851

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 postapplication 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 registrantverified 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 stopsale 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).

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

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 KRLAG2

Trichoderma polysporum (ATCC 20475)

XV. Public Docket and Electronic

Comments

A record has been established for this

rulemaking under docket number ‘‘OPP00399’’ (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.

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
2852 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules

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:

listserver@unixmail.rtpnc.epa.gov that

says ‘‘Subscribe RIN–2070–AC69 <first

name> <last name>.’’ Once you are

subscribed to the ListServe, comments

should be sent to: RIN–2070–

AC69@unixmail.rtpnc.epa.gov. 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 <Return> 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:

Docket-OPPTS@epamail.epa.gov.

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:

richards.john@epamail.epa.gov).

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. 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. (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.

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