[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Proposed Rules]
[Pages 2848-2852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-587]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 156

[OPP-00399; FRL-4927-6]


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

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice, Request for Comment.

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SUMMARY: EPA is soliciting comments on a proposed policy, which would 
be issued in a Pesticide Regulation Notice (PRN) entitled: ``Worker 
Protection Standard: Reduced Restricted Entry Intervals for Certain 
Pesticides. EPA proposes to allow registrants to reduce the interim 
Worker Protection Standard (WPS) restricted entry intervals (REIs) from 
12 to 4 hours for certain low risk pesticides. A proposed list of 
active ingredients that are candidates for reduced interim WPS REIs 
would be included in the PRN. End-use products containing active 
ingredients that appear on the list would be evaluated using the 
criteria described within the PRN to determine if the current REI may 
be reduced to 4 hours. To facilitate the availability of the proposed 
policy to anyone who may be interested in commenting, this notice 
presents the proposed policy as it would appear in a PRN.
DATES: Written comments, identified by the docket number [OPP- 00399], 
must be received on or before February 27, 1995.

ADDRESSES: By mail, submit comments to: Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, bring comments to: Public Response and 
Program Resources Branch, Field Operations Division, RM 1132, Crystal 
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Telephone number 
for the OPP Docket is (703) 305- 5805. Information submitted and any 
comment(s) concerning this notice may be claimed confidential by 
marking any part or all of that information as ``Confidential Business 
Information'' (CBI). 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: 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="61250e020a04154c2e31313532210411000c00080d4f0411004f060e17">[email protected]</a>; by sending a ``Subscribe'' message to 
<a href="/cdn-cgi/l/email-protection#9ef2f7edeaedfbece8fbecdeebf0f7e6f3fff7f2b0eceaeef0fdb0fbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="e884819b9c9b8d9a9e8d9aa89d86819085898184c69a9c98868bc68d9889c68f879e">[email protected]</span></a> 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

[[Page 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 
end-use pesticide products for agricultural uses. (Longer interim REIs 
were established for more toxic products.) The 12-hour minimum REI was 
established for two reasons: (1) to substitute for the ``sprays have 
dried and dusts have settled'' REI previously used; and (2) to 
incorporate a margin of safety for unknown adverse effects.
    The Agency has been requested by numerous registrants and pesticide 
users to consider reducing the minimum 12 hour REI for lower toxicity 
products that they believe do not need a 12 hour REI to protect 
workers.
    The REIs established through the WPS are interim measures until the 
reregistration process or other comprehensive EPA review process 
results in a definitive REI determination. In an effort to avoid 
diversion of Agency resources from the risk evaluation conducted in the 
reregistration process, regulatory relief in the form of a four hour 
REI is proposed for those active ingredients that clearly pose very 
low, post-application risks to workers.

IV. Policy and Rationale

    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.

[[Page 2850]]

    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 post-application exposures to the product.

VIII. Procedure for Notification/Certification

A. Notification Statement

    For each product that qualifies for the notification procedures, 
the registrant would be required to submit:
    1. An Application for Registration (EPA Form 8570-1), identified as 
a notification under this PRN.
    2. Three copies of a revised label, clearly marked to highlight the 
revised REI.
    3. The information required to demonstrate that the product is 
eligible for the reduced REI.
    4. The following certification statement:
    I certify that this notification is consistent with the 
provisions of PR Notice 95-x and that no other changes have been 
made to the labeling or the confidential statement of formula of 
this product.
    I further understand that if this notification is not consistent 
with the terms of PR Notice 95-x, this product may be in violation 
of FIFRA and I may be subject to enforcement action and penalties 
under sections 12 and 14 of FIFRA. I understand that the Agency may 
direct a change in the REI of a product subject to this notice if 
the Agency determines that a change is appropriate, and that 
products may be subject to regulatory and enforcement action if the 
appropriate changes are not made.


B.Final Printed Labeling

    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.

[[Page 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 post- application exposures.
    If, on the basis of information received from a registrant or other 
sources, the Agency determines that the 4-hour REI should be increased, 
the Agency will inform the registrant of that determination and of the 
new REI that must replace the 4-hour REI. The Agency will also inform 
the registrant at that time of actions, if any, that must be taken with 
respect to existing stocks of product labeled with a 4-hour REI.
    The Agency intends to bring misbranding actions and issue stop 
sale, use, and removal orders if the appropriate changes and actions 
are not taken immediately upon notification to the registrant.

XII. Compliance

    Registrants are responsible for the content and accuracy of 
labeling and for compliance with labeling requirements. Registrants 
that submit notifications which do not comply with the PRN or EPA's 
requirements may be subject to enforcement action under FIFRA sections 
12 and 14.
    Registrants electing to sell or distribute products bearing 
registrant-verified revised labeling run the risk that the proposed 
label is incorrect and must be revised. In most cases, incorrectly 
reducing the REI from 12 hours to 4 hours would be considered a serious 
error possibly requiring stop-sale orders, recalls, or civil penalties. 
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 KRL-AG2
    Trichoderma polysporum (ATCC 20475)

XV. Public Docket and Electronic Comments

    A record has been established for this rulemaking under docket 
number ``OPP-00399'' (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as confidential business 
information (CBI), is available for inspection from 8 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The public record is 
located in Room 1132 of the Public Response and Program Resources 
Branch, Field Operations Division (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, CM #2, 1921 Jefferson Davis 
Highway, Arlington, VA. Written comments should be mailed to: Public 
Response and Program Resources Branch, Field Operations Division 
(7506C) Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460.
    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

[[Page 2852]]

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: 
<a href="/cdn-cgi/l/email-protection#f5999c8681869087839087b5809b9c8d98949c99db8781859b96db908594db929a83"><span class="__cf_email__" data-cfemail="731f1a000700160105160133061d1a0b1e121a1f5d0107031d105d1603125d141c05">[email protected]</span></a> that says ``Subscribe RIN-2070-AC69 
<first name> <last name>.'' Once you are subscribed to the ListServe, 
comments should be sent to: RIN-2070-AC<a href="/cdn-cgi/l/email-protection#b3858af3c6dddacbded2dadf9dc1c7c3ddd09dd6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="9ea8a7deebf0f7e6f3fff7f2b0eceaeef0fdb0fbeeffb0f9f1e8">[email protected]</span></a>. 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:
    <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f2b69d91999786dfbda2a2a6a1b29782939f939b9edc978293dc959d84dc">[email protected]</a>


    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: 
<a href="/cdn-cgi/l/email-protection#65170c060d041701164b0f0a0d0b2500150408040c094b0015044b020a13"><span class="__cf_email__" data-cfemail="384a515b50594a5c4b1652575056785d485955595154165d4859165f574e">[email protected]</span></a>).
    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


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