Pesticides; Draft Guidance for Pesticide Registrants on Web-Distributed Labeling for Pesticide Products, 3418-3420 [2013-00560]

Download as PDF 3418 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices the iodomethane registrations identified in Tables 1 and 2 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Tables 1 and 2 of Unit II. are canceled and the product registration identified in Table 2 of Unit II. is amended. The effective date of the cancellation for the following products that are subject of this notice, EPA Registration Numbers 66330–43, 66330–57, 66330–58, 66330– 59 and 66330–60, is December 31, 2012. The effective date of the cancellation for EPA Registration Number 66330–44 is December 1, 2015. Any distribution, sale, or use of existing stocks of the products identified in Tables 1 and 2 of Unit II. in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI. will be a violation of FIFRA. Within 30 days of the date of publication of this order, Arysta shall send the following documents by certified mail, return receipt requested, to every person who purchased any such product directly from Arysta since December 31, 2011; and to every retailer known to Arysta to have sold any end-use product since December 31, 2011: A letter that identifies or indicates: 1. The iodomethane product(s) that were purchased and the dates of such purchase. 2. That any distribution or sale of Arysta’s end-use iodomethane products will be unlawful under FIFRA after December 31, 2012. 3. That Arysta’s end-use iodomethane products in users’ possession may not be used after December 31, 2012. 4. That after December 31, 2012, all remaining existing stocks of Arysta’s iodomethane end-use products must be disposed of in accordance with all applicable state and Federal laws or returned to Arysta; and a hard copy of the actual cancellation order as published in the Federal Register. mstockstill on DSK4VPTVN1PROD with V. What is the agency’s authority for taking this action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, following the public comment period, the EPA Administrator may approve such a request. The notice of receipt for this action was published for comment on November 21, 2012 (77 FR 69840) (FRL–9370–2). The comment period closed on December 21, 2012. VerDate Mar<15>2010 17:01 Jan 15, 2013 Jkt 229001 VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the action. The existing stocks provision for the products subject to this order is as follows. As of December 1, 2015, all sale and distribution of existing stocks of Arysta’s iodomethane technical/ manufacturing-use product, EPA Reg. No. 66330–44, by Arysta shall be prohibited unless the sale or distribution is for proper disposal or is solely for purposes of export consistent with the requirements of section 17 of FIFRA. As of December 31, 2012, Arysta is prohibited from distributing or selling existing stocks of end-use products, EPA Registration Nos. 66330–43, 66330–57, 66330–58, 66330–59 and 66330–60 unless the sale or distribution is for proper disposal, or is solely for export consistent with the requirements of FIFRA section 17; persons other than Arysta are prohibited from distributing or selling existing stocks of Arysta’s end-use products, EPA Registration Number 66330–43, 66330–57, 66330– 58, 66330–59 and 66330–60, unless the sale or distribution is for proper disposal, return to Arysta, or is intended solely for export consistent with the requirements of FIFRA section 17; and no person may use any existing stocks of any of Arysta’s end-use products EPA Registration Numbers. 66330–43, 66330–57, 66330–58, 66330–59 and 66330–60. List of Subjects Environmental protection, Pesticides and pests. Dated: December 28, 2012. Richard P. Keigwin, Jr., Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2013–00732 Filed 1–15–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2012–0906; FRL–9374–4] Pesticides; Draft Guidance for Pesticide Registrants on WebDistributed Labeling for Pesticide Products Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 The Agency is announcing the availability of and seeking public comment on a draft Pesticide Registration Notice (PR Notice) titled ‘‘Web-Distributed Labeling for Pesticide Products.’’ PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular draft PR Notice provides guidance concerning the process by which registrants can make legally valid versions of pesticide labeling available through the Internet. Web-distributed labeling would allow users to retrieve a streamlined version of the pesticide product labeling, containing the directions for use and necessary information related to the user’s specific state and intended site of use. Shorter, relevant labeling could be clearer and easier for the user to understand, improving compliance with pesticide labeling requirements and thereby protecting human health and the environment from unintentional misuse of pesticides. Web-distributed labeling would also allow for more rapid updates to pesticide labeling, meaning risk mitigation measures and new uses can reach the user more quickly than under the current paperbased system. DATES: Comments must be received on or before April 16, 2013. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2012–0906, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.htm. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michelle Arling, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental SUMMARY: E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–5891; fax number: (703) 308–2962; email address: arling.michelle@epa.gov@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 register and use pesticide products and to state regulators of pesticide products. Since other entities may also 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 information in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT. mstockstill on DSK4VPTVN1PROD with 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 email. 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. VerDate Mar<15>2010 17:01 Jan 15, 2013 Jkt 229001 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 Areas for Comment. EPA has identified questions about the PR Notice on which the Agency would like to receive specific input from commenters. These questions and topic areas are presented below. i. Would an appendix with sample master labeling and web-distributed labeling rendered output assist in understanding the PR Notice and how to follow the recommendations in the PR Notice? ii. The PR Notice suggests that it ‘‘is targeted towards pesticide products marketed primarily to applicators for use in the course of commercial activity.’’ Please comment on the scope of coverage. Should the Agency expand or contract the targeted products? Are there alternate ways to describe the targeted products? iii. Should the Agency consider combining the released for shipment date and the unique identifier into a single alpha-numeric combination? If so, why? Please provide suggested definitions for any proposed alternative. iv. Should the released for shipment date and unique identifier have a standard location on the container or pesticide labeling? If so, where? If not, why? v. Should EPA approve webdistributed labeling for one or some, but not all, uses listed on a product’s labeling? If so, how would users know that no web-distributed labeling was available for their intended use? vi. Should EPA consider only accepting WDL submissions to the Agency for review as electronic files? vii. Please provide comments on the web-distributed labeling statements and their recommended location. Should they be located at the beginning of the directions for use? Should they be a separate section on the labeling, similar to the Agricultural Use Box that conveys information about the Worker Protection Standard? Would either approach make the user more likely to read and comply with the information? viii. Please provide comments on the minimum functionality discussed in Unit IV. ix. Are the proposed standards reasonable? If not, please suggest alternative guidelines. x. Please provide any other comments on the PR Notice. If you disagree with or do not understand any aspect of the PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 3419 PR Notice, please describe the area and an alternative that incorporates your suggestions. C. How can I get copies of this document and other related information? A copy of the draft PR notice is available in the docket under docket identification (ID) number EPA–HQ– OPP–2012–0906. II. What guidance does this PR notice provide? A. Background Since 2007, the Agency has been exploring the feasibility and advisability of allowing registrants to make legally enforceable pesticide product labeling available to users via the Internet, an initiative referred to as ‘‘web-distributed labeling’’ (WDL). At the end of 2010, EPA initiated a ‘‘user acceptance pilot.’’ (75 FR 51058, August 18, 2010; EPA– HQ–OPP–2010–0632) The user acceptance pilot involved a simulation of a WDL Web site that users could visit and on which they could provide feedback. The user acceptance pilot did not involve any changes to existing pesticide labeling on containers or legally valid electronic versions of pesticide labeling. EPA also published a Federal Register notice which outlined EPA’s positions on issues related to WDL and sought comment on a number of these issues. (75 FR 82011, December 29, 2010; EPA–HQ–OPP–2010–0648). Based on its review of the comments and other feedback received from the Federal Register notice and the user acceptance pilot, EPA is proposing a voluntary approach to WDL that would allow registrants to distribute pesticide products with labeling that refers the user to the Web site from which the user may download legally valid, enforceable labeling. The container would still be accompanied by a physical copy of the EPA-accepted labeling sufficient for the correct use of the product, but a user could access the most current version of the state- and site-specific labeling from a Web site identified on the container label. Offering WDL while retaining the full labeling on or accompanying pesticide containers would allow users, registrants, and EPA to acquire a better understanding of the strengths and limitations of WDL and possibly serve as a transition to a system which relies more heavily on the Internet and other technologies to provide users with legally enforceable labeling. For example, registrants could determine whether specific types of products would be better suited to WDL and users could evaluate the relative benefit E:\FR\FM\16JAN1.SGM 16JAN1 3420 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices of WDL versus the current pesticide product labeling. As considered by EPA, WDL would make available via the Internet site- and state-specific use directions for pesticide products as downloadable electronic files. To access this labeling, a user would visit the Web site identified on the pesticide label, enter information identifying the product, and select the intended state and use site. The Web site would return a streamlined version of the pesticide labeling containing the language applicable to all uses of the product, such as hazard statement and first aid, and the relevant state/site specific directions for use (e.g., application to cranberries in Maine). Sufficient labeling for the correct use of the product would still be available with the pesticide either on the container label or in accompanying material. B. Overview of PR Notice III. Do PR notices contain binding requirements? mstockstill on DSK4VPTVN1PROD with The PR Notice discussed in this notice is intended to provide guidance to EPA personnel and decisionmakers and to pesticide registrants. While the requirements in the statutes and Agency regulations are binding on EPA and the applicants, this PR Notice is not binding on either EPA or pesticide registrants, and EPA may depart from the guidance where circumstances warrant and without prior notice. Likewise, pesticide registrants may assert that the guidance is not appropriate generally or not applicable to a specific pesticide or situation. List of Subjects Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests. 17:01 Jan 15, 2013 [FR Doc. 2013–00560 Filed 1–15–13; 8:45 am] BILLING CODE 6560–50–P Jkt 229001 2 https://www.epa.gov/irmpoli8/policies/ 21060.pdf Monica D. Jones, Director, Quality Staff. [FR Doc. 2013–00836 Filed 1–15–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9770–5] Office of Environmental Information; Announcement of Availability and Comment Period for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and Two Associated QA Handbooks; Correction Environmental Protection Agency (EPA). ACTION: Notice of availability & request for comment; extension of comment period and correction. AGENCY: The Environmental Protection Agency published a document in the Federal Register of December 26, 2012, concerning request for comments for the Draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and two associated QA Handbooks. The notice of availability is being extended to a 45 day review and comment period and the document contained incorrect Web site links in the footnotes. DATES: Comments must be submitted on or before February 11, 2013. FOR FURTHER INFORMATION CONTACT: John Warren, Environmental Protection Agency; 1200 Pennsylvania Avenue, MC 2811R; Washington, DC 20460; Phone: 202–564–6876. SUMMARY: This PR Notice provides guidance about how EPA intends to implement WDL under this system. First, the PR Notice defines terms used related to WDL in this notice. It includes suggested language that registrants can use on the labeling affixed to or accompanying the pesticide container to reference the WDL portion of labeling. It recommends content, function, and security for the Web site associated with a product’s WDL. Finally, the PR Notice suggests a process by which registrants can request that a product’s labeling include WDL and outlines what information EPA expects to receive. VerDate Mar<15>2010 Dated: January 3, 2013. Steven Bradbury, Director, Office of Pesticide Programs. Correction In the Federal Register of December 26, 2012 in FRL 9764–3, page 76035, second column correct line after SUMMARY to read: ‘‘SUMMARY: Notice of availability for a 45 day review and comment period is hereby given for the draft Quality Standard for Environmental Data Collection, Production, and Use by Non-EPA (External) Organizations and two associated draft QA Handbooks; 1) draft Handbook for Preparing Quality Management Plans (QMPs) and 2) draft Handbook for Preparing Quality Assurance (QA) Project Plans (QAPPs).’’ In the Federal Register of December 26, 2012 in FRL 9764–3, on page 76036, at the bottom of the first column; correct the Web site references for footnotes one and two to read: 1 https://www.epa.gov/irmpoli8/policies/ 21050.pdf PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2012–0019; FRL–9375–2] Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period July 1, 2012 to September 30, 2012 to control unforeseen pest outbreaks. FOR FURTHER INFORMATION CONTACT: See each emergency exemption for the name of a contact person. The following information applies to all contact persons: Team Leader, Emergency Response Team, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8050. SUPPLEMENTARY INFORMATION: SUMMARY: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). If you have any questions regarding the applicability of this action to a particular entity, consult the person listed at the end of the emergency exemption. E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3418-3420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00560]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0906; FRL-9374-4]


Pesticides; Draft Guidance for Pesticide Registrants on Web-
Distributed Labeling for Pesticide Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Agency is announcing the availability of and seeking 
public comment on a draft Pesticide Registration Notice (PR Notice) 
titled ``Web-Distributed Labeling for Pesticide Products.'' PR Notices 
are issued by the Office of Pesticide Programs (OPP) to inform 
pesticide registrants and other interested persons about important 
policies, procedures, and registration related decisions, and serve to 
provide guidance to pesticide registrants and OPP personnel. This 
particular draft PR Notice provides guidance concerning the process by 
which registrants can make legally valid versions of pesticide labeling 
available through the Internet. Web-distributed labeling would allow 
users to retrieve a streamlined version of the pesticide product 
labeling, containing the directions for use and necessary information 
related to the user's specific state and intended site of use. Shorter, 
relevant labeling could be clearer and easier for the user to 
understand, improving compliance with pesticide labeling requirements 
and thereby protecting human health and the environment from 
unintentional misuse of pesticides. Web-distributed labeling would also 
allow for more rapid updates to pesticide labeling, meaning risk 
mitigation measures and new uses can reach the user more quickly than 
under the current paper-based system.

DATES: Comments must be received on or before April 16, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0906, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michelle Arling, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental

[[Page 3419]]

Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-5891; fax number: (703) 308-2962; 
email address: arling.michelle@epa.gov@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 register and 
use pesticide products and to state regulators of pesticide products. 
Since other entities may also 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 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 email. 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 Areas for Comment. EPA has identified questions about 
the PR Notice on which the Agency would like to receive specific input 
from commenters. These questions and topic areas are presented below.
    i. Would an appendix with sample master labeling and web-
distributed labeling rendered output assist in understanding the PR 
Notice and how to follow the recommendations in the PR Notice?
    ii. The PR Notice suggests that it ``is targeted towards pesticide 
products marketed primarily to applicators for use in the course of 
commercial activity.'' Please comment on the scope of coverage. Should 
the Agency expand or contract the targeted products? Are there 
alternate ways to describe the targeted products?
    iii. Should the Agency consider combining the released for shipment 
date and the unique identifier into a single alpha-numeric combination? 
If so, why? Please provide suggested definitions for any proposed 
alternative.
    iv. Should the released for shipment date and unique identifier 
have a standard location on the container or pesticide labeling? If so, 
where? If not, why?
    v. Should EPA approve web-distributed labeling for one or some, but 
not all, uses listed on a product's labeling? If so, how would users 
know that no web-distributed labeling was available for their intended 
use?
    vi. Should EPA consider only accepting WDL submissions to the 
Agency for review as electronic files?
    vii. Please provide comments on the web-distributed labeling 
statements and their recommended location. Should they be located at 
the beginning of the directions for use? Should they be a separate 
section on the labeling, similar to the Agricultural Use Box that 
conveys information about the Worker Protection Standard? Would either 
approach make the user more likely to read and comply with the 
information?
    viii. Please provide comments on the minimum functionality 
discussed in Unit IV. ix. Are the proposed standards reasonable? If 
not, please suggest alternative guidelines.
    x. Please provide any other comments on the PR Notice. If you 
disagree with or do not understand any aspect of the PR Notice, please 
describe the area and an alternative that incorporates your 
suggestions.

C. How can I get copies of this document and other related information?

    A copy of the draft PR notice is available in the docket under 
docket identification (ID) number EPA-HQ-OPP-2012-0906.

II. What guidance does this PR notice provide?

A. Background

    Since 2007, the Agency has been exploring the feasibility and 
advisability of allowing registrants to make legally enforceable 
pesticide product labeling available to users via the Internet, an 
initiative referred to as ``web-distributed labeling'' (WDL). At the 
end of 2010, EPA initiated a ``user acceptance pilot.'' (75 FR 51058, 
August 18, 2010; EPA-HQ-OPP-2010-0632) The user acceptance pilot 
involved a simulation of a WDL Web site that users could visit and on 
which they could provide feedback. The user acceptance pilot did not 
involve any changes to existing pesticide labeling on containers or 
legally valid electronic versions of pesticide labeling. EPA also 
published a Federal Register notice which outlined EPA's positions on 
issues related to WDL and sought comment on a number of these issues. 
(75 FR 82011, December 29, 2010; EPA-HQ-OPP-2010-0648).
    Based on its review of the comments and other feedback received 
from the Federal Register notice and the user acceptance pilot, EPA is 
proposing a voluntary approach to WDL that would allow registrants to 
distribute pesticide products with labeling that refers the user to the 
Web site from which the user may download legally valid, enforceable 
labeling. The container would still be accompanied by a physical copy 
of the EPA-accepted labeling sufficient for the correct use of the 
product, but a user could access the most current version of the state- 
and site-specific labeling from a Web site identified on the container 
label. Offering WDL while retaining the full labeling on or 
accompanying pesticide containers would allow users, registrants, and 
EPA to acquire a better understanding of the strengths and limitations 
of WDL and possibly serve as a transition to a system which relies more 
heavily on the Internet and other technologies to provide users with 
legally enforceable labeling. For example, registrants could determine 
whether specific types of products would be better suited to WDL and 
users could evaluate the relative benefit

[[Page 3420]]

of WDL versus the current pesticide product labeling.
    As considered by EPA, WDL would make available via the Internet 
site- and state-specific use directions for pesticide products as 
downloadable electronic files. To access this labeling, a user would 
visit the Web site identified on the pesticide label, enter information 
identifying the product, and select the intended state and use site. 
The Web site would return a streamlined version of the pesticide 
labeling containing the language applicable to all uses of the product, 
such as hazard statement and first aid, and the relevant state/site 
specific directions for use (e.g., application to cranberries in 
Maine). Sufficient labeling for the correct use of the product would 
still be available with the pesticide either on the container label or 
in accompanying material.

B. Overview of PR Notice

    This PR Notice provides guidance about how EPA intends to implement 
WDL under this system. First, the PR Notice defines terms used related 
to WDL in this notice. It includes suggested language that registrants 
can use on the labeling affixed to or accompanying the pesticide 
container to reference the WDL portion of labeling. It recommends 
content, function, and security for the Web site associated with a 
product's WDL. Finally, the PR Notice suggests a process by which 
registrants can request that a product's labeling include WDL and 
outlines what information EPA expects to receive.

III. Do PR notices contain binding requirements?

    The PR Notice discussed in this notice is intended to provide 
guidance to EPA personnel and decisionmakers and to pesticide 
registrants. While the requirements in the statutes and Agency 
regulations are binding on EPA and the applicants, this PR Notice is 
not binding on either EPA or pesticide registrants, and EPA may depart 
from the guidance where circumstances warrant and without prior notice. 
Likewise, pesticide registrants may assert that the guidance is not 
appropriate generally or not applicable to a specific pesticide or 
situation.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests.

    Dated: January 3, 2013.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2013-00560 Filed 1-15-13; 8:45 am]
BILLING CODE 6560-50-P