

[Federal Register: October 3, 2007 (Volume 72, Number 191)]
[Notices]               
[Page 56344-56346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc07-47]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0328; FRL-8149-8]

 
Guidance on Recommended Environmental Hazard Statements for 
Outdoor Residential Pesticides; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Agency seeks public comment on a draft Pesticide 
Registration (PR) Notice entitled ``Environmental Hazard Statements for 
Outdoor Residential Pesticides''. The proposed guidance is directed 
toward current or prospective registrants of outdoor residential use 
pesticides on recommended environmental hazard language. This guidance 
recommends new environmental hazard statements that are designed to 
replace language created for agricultural products with statements that 
are easier for consumers to understand. The new environmental hazard 
statements are divided by product type (e.g., liquid ready-to-use, 
broadcast granular), and recommends specific language for each product 
type to minimize risks to the human health and the environment, with 
emphasis on reducing risks to water. Revisions to product labels using 
these new statements may be made by notification.

[[Page 56345]]


DATES: Comments must be received on or before November 2, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-EPA-HQ-OPP-2007-0328 by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0328. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 

Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov web 
site to view the docket index or access available documents. Although 
listed in the index, some information is not publicly available, e.g., 
CBI or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on 
the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either in the 
electronic docket at http://www.regulations.gov, or, if only available 

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The 
hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Jim Roelofs, Field and External 
Affairs Division, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-2964; fax number: (703) 308-1850; e-
mail: roelofs.jim@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 those persons who are required 
to register, regulate, or label pesticides, 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    3. Specific questions for comment. i. The proposed statements are 
intended to give clear, practical instructions for the ordinary 
consumer, and to state a reason for following the instructions. Are 
there terms in the statements that are ambiguous or subject to 
interpretation, which could potentially confuse an untrained user?
    ii. Three of the four categories (liquid concentrate, dust, and 
liquid ready-to-use) should not be applied in winds that would cause 
the product to drift to unintended areas. Since a home user can not be 
presumed to have any means of knowing actual wind speed at the time of 
application, what directions regarding wind would be most helpful?
    a. The proposed environmental hazard statement to minimize the 
potential for drift reads: ``[Do not] apply when wind is strong enough 
to carry spray away from treatment area.'' Is that a clear, practical 
instruction?
    b. The alternative statement to minimize drift incorporates the 
Beaufort scale (http://www.ncdc.noaa.gov/oa/climate/conversion/beaufortland.html
). The Beaufort scale a system for


[[Page 56346]]

estimating wind strengths without the use of instruments. For wind 
speeds that could affect application of residential products, the 
visual effects according to the Beaufort scale for a moderate breeze of 
13 to18 miles per hour would be that small branches on trees are 
moving. Is this a practical indicator of when not to use a product? Is 
the phrase ``Do not apply when wind is strong enough to move small 
branches on trees, as wind will carry spray away from treatment area'' 
preferable to ``Do not apply when wind is strong enough to carry spray 
away from treatment area''?

II. What Action is the Agency Taking?

    EPA is recommending that registrants of outdoor residential use 
pesticides revise Environmental Hazard Statements on product labels. 
This action is voluntary and may be done through notification. As this 
is voluntary, no Agency action will be taken.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Environmental Hazard Statements, Pesticides and pest Residential.

    Dated: September 25, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.
[FR Doc. E7-19448 Filed 10-2-07; 8:45 am]

BILLING CODE 6560-50-S
