[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51058-51061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20449]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0632; FRL-8840-1]
Web-Distributed Labeling User Acceptance Pilot
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA's Office of Pesticide Programs (OPP) is exploring a new
initiative called ``web-distributed labeling'' (web-distributed
labeling) that would make the most current version of some pesticide
labeling available to users via the Internet. Through this Federal
Register Notice, OPP is announcing its intention to conduct a web-
distributed labeling ``User Acceptance Pilot'' and is soliciting
interest from entities potentially willing to participate in this pilot
program. Through the User Acceptance Pilot, EPA intends to demonstrate
how users could access labeling information using the Internet, thereby
helping EPA determine whether the benefits of web-distributed labeling
would be sufficiently appealing to users that they would be willing to
visit a website to download and use labeling. This notice provides a
brief description of a pilot website and invites participation in
developing a pilot web-distributed labeling website by interested
parties.
DATES: Comments must be received on or before September 17, 2010.
ADDRESSES: Submit your comments identified by the docket identification
(ID) number 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 Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
[[Page 51059]]
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Michelle DeVaux, Field and External
Affairs Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: 703-308-5891; fax number:703-308-2962; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you provide
pesticide labeling in an electronic format or are interested in
developing a website to deliver pesticide labeling electronically.
Potentially affected entities may include, but are not limited to:
Data processing, hosting, and related services (NAICS code
518210), i.e., establishments primarily engaged in providing
infrastructure for hosting or data processing services.
Web search portals (NAICS code 518112), e.g. companies or
individuals that develop or maintain web search portals.
Internet publishing and broadcasting and Web search
portals (NAICS code 519130), e.g., internet search portals, Web search
portals, and internet search Web sites.
Persons who manufacture, distribute, sell, apply, or
regulate pesticide products, including agricultural, commercial, and
residential products (NAICS codes 32532 and 32561).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0632. 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
Office of Pesticide Programs (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.
II. Background
A. What Action is the Agency Taking?
Through this Federal Register Notice, OPP intends to identify
parties potentially interested in participating in a web-distributed
labeling User Acceptance Pilot.
1. Overview. EPA regulates pesticide products under the authority
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
FIFRA establishes a pre-market review and approval system called
``registration.'' With limited exceptions, no pesticide may be sold or
distributed in the United States unless EPA has first issued a
registration for the product. As part of the registration process, EPA
reviews and approves the labeling affixed to or accompanying the
pesticide product. Labeling describes how a pesticide may be used
safely and effectively. Federal law prohibits the use of a pesticide in
a manner inconsistent with its approved labeling. Many pesticide
products are registered for multiple uses, and as a result, the
labeling of the product is often very lengthy.
Since 2007, EPA has been exploring the possibility of making some
pesticide product labeling available via the Internet. EPA envisions a
system that would make the most current version of pesticide labeling
available to purchasers and users electronically through web-
distribution. For certain segments of pesticide products, portions of
the labeling would no longer physically accompany the pesticide
container. To obtain the pesticide product's full labeling, the
container label would require a user to go to an Internet website.
Users would be able to retrieve crop-specific labeling by entering the
product registration number, the state where the pesticide would be
applied, and use site (e.g., a crop) on which the pesticide would be
applied. In response to this information, the website would provide
streamlined labeling for the user to download that would include only
the information necessary for the particular use requested. When fully
operational, a web-distributed labeling system would also offer
alternate delivery mechanisms for users who cannot access the Internet.
Web-distributed labeling is being proposed initially as a voluntary
option for registrants and would not be appropriate for all pesticide
products. The goal of the web-distributed labeling initiative is to
provide streamlined labeling that contains only the pertinent label
information specific to the state where the pesticide is to be used and
for the particular intended use, thus reducing unrelated directions by
a significant amount. EPA expects this will improve label
comprehension, readability, and compliance.
EPA is interested in conducting a ``User Acceptance Pilot'' to
research the extent to which users would accept a system requiring them
to obtain labeling via the Internet. The specific goal of the pilot is
to determine whether the benefits of web-distributed labeling would be
sufficiently appealing to users that they would be willing to visit a
website to obtain labeling for a pesticide product. The pilot would
demonstrate how users could access labeling information using the
website and would not involve the actual distribution to users of
actual pesticide product labeling that would rely on the web-
distributed labeling approach.
2. Background. After receiving a request to consider web-
distributed labeling from State officials responsible for regulation of
pesticide products, EPA formed an internal workgroup to discuss the
possible mechanics of web-distributed labeling and how it would
complement ongoing label improvement programs. The workgroup conducted
extensive stakeholder outreach to individuals and associations to
describe the concept of web-distributed labeling and to solicit
stakeholder feedback. Using the stakeholders' input, the EPA internal
workgroup developed discussion papers to describe some of the details
around specific elements of web-distributed labeling.
In May 2008, EPA requested formal feedback on web-distributed
labeling from the Pesticide Program Dialogue Committee (PPDC), a
Federal Advisory Committee to the Office of Pesticide Programs. In
response, a PPDC workgroup was formed to review and respond to the
discussion papers developed by EPA. The workgroup includes
representatives from user and grower groups; public interest groups;
trade associations; industry; State, local, and tribal governments;
educational organizations; Federal agencies; and others. From October
2008 through October 2009 the PPDC web-distributed labeling workgroup
met to discuss and provide comment on the papers. A full listing of the
meetings and papers
[[Page 51060]]
considered is available at: http://epa.gov/pesticides/ppdc/distr-labeling/index.html.
In October 2009, the PPDC workgroup recommended a pilot for web-
distributed labeling that would allow users to test the functionality
of one or several web-distributed labeling websites. The proposed pilot
would be conducted with mock pesticide labeling and would not require
any changes to actual pesticide labeling and any mock pesticide
labeling would not be used to make an actual pesticide application.
Based on the feedback received from the PPDC workgroup, EPA decided to
focus the pilot on soliciting user feedback on the concept of web-
distributed labeling. The pilot is discussed further in Unit II.A.3 and
4.
3. Pilot specifications. The EPA is looking for entities outside of
EPA to participate in the User Acceptance Pilot. An entity which
volunteers to participate would develop a website from which potential
pesticide users and others can retrieve pesticide product labeling
information appropriate to a specific state and use site. The
website(s) developed for the User Acceptance Pilot will allow users to
do the following:
Log onto an Internet-accessible website.
Enter a product registration number or other product
identifier for one of several pre-determined products.
Select the relevant state/county in which the mock
pesticide application would take place.
Select the relevant use pattern(s) for the mock pesticide
application to filter the labeling according to use pattern(s).
View and download from the website the labeling
appropriate for the identified product, use pattern, and state
provided.
In addition, the pilot websites would:
Provide web-distributed labeling for at least three
different products. Participants may use product labels of their
choosing and/or, upon request, use mock labels provided by EPA.
Place a prominent statement on each page of the downloaded
labeling making it clear that the labeling downloaded from the
website(s) was not legally valid for purposes of making a pesticide
application.
Offer users a mechanism for providing feedback on the web-
distributed labeling experience.
Participants are not limited to creating a website that meets only
the minimum specifications identified above, and EPA encourages
participants to incorporate other tools and functionality as
appropriate. Possible enhancements for a web-distributed labeling
website are discussed in the Website Functionality discussion paper
available at: http://www.epa.gov/pesticides/ppdc/distr-labeling/jan09/functionality.pdf.
4. Pilot evaluation. As noted above, the purpose of the pilot is to
obtain information about users' reactions to a system which requires
them to obtain labeling from the Internet. The results of this research
are important for EPA in deciding to move ahead with further efforts to
develop such a system. Consequently, EPA not only expects participants
in the Pilot to offer users a mechanism for providing feedback on the
web-distributed labeling experience, but also encourages participants
to summarize and submit to EPA the feedback obtained through the pilot.
The following types of information would be useful to EPA in
assessing the User Acceptance pilot.
i. Paper labels - what users like and dislike about the current
paper labeling on or accompanying pesticide containers.
ii. Web-distributed labeling pilot website - the experience of
using the website
How users would access a web-distributed labeling website,
e.g., whether high speed, dial-up, no online access;
Ease of navigation (finding web-distributed labeling the
user was looking for); and
The user's overall experience using the website
iii. Web-distributed labeling - The reaction to web-distributed
labeling
Ease in understanding web-distributed labeling
Ease in following labeling that is partially on container
and partially on web-distributed labeling
Paper-based format or in the streamlined web-distributed
labeling format preference
User's impressions of the benefits of web-distributed
labeling
Potential impact on the user's compliance with labeling
iv. Other potential features of Web-distributed labeling
What other information, if any, the user would like to
have that was not offered in the pilot, e.g., calibration instructions,
pest identification guides.
5. How to participate. Parties (including but not limited to those
listed under Unit I.A.) interested in participating in the User
Acceptance Pilot must respond in writing by September 17, 2010 to the
person identified in the section titled FOR FURTHER INFORMATION CONTACT
with an expression of interest to participate. EPA will schedule a
meeting with all interested parties after EPA has reviewed the
responses to discuss the User Acceptance Pilot and to answer any
questions from potential participants. EPA's goal is to have all User
Acceptance Pilot websites ready for users to test by October 15, 2010.
Participation in the User Acceptance Pilot is voluntary; however,
those entities who ultimately participate must agree to certain terms
and conditions in order for EPA to evaluate the success of the website,
including the following:
The website(s) developed for the User Acceptance Pilot
must be accessible to all potential users and at no charge to any
potential user.
EPA would post information gathered as part of the User
Acceptance Pilot and provided to EPA to the public docket or made
available to EPA to post to the public docket.
Participation in the User Acceptance Pilot does not
guarantee future involvement or participation in any web-distributed
labeling activity, such as developing a structured labeling interface.
Parties interested in learning more about participating in the
pilot can find information at http://www.epa.gov/pesticides/regulating/labels/distribution/index.htm. Discussion papers related to web-
distributed labeling are available at http://epa.gov/pesticides/ppdc/distr-labeling/index.html. Participants are encouraged to review Web-
Distributed Labeling of Pesticides: Website Functionality (http:/www./
epa.gov/pesticides/ppdc/distr-labeling/jan09/functionality.pdf).
B. What is the Agency's Authority for Taking this Action?
EPA is taking this action under the authority of FIFRA, section
20(a). This section provides that ``The Administrator shall undertake
research . . . with . . . others as may be necessary to carry out the
purposes of [FIFRA].'' Here EPA is seeking to work with parties in the
private sector to obtain information that will help EPA assess whether
pesticides users would accept a web-distributed labeling program. This
information is essential to understanding whether a web-distributed
labeling system would improve users' compliance with pesticide
labeling, thereby reducing risks to human health and the environment.
List of Subjects
Environmental protection, Internet, labeling, pesticides.
[[Page 51061]]
Dated: August 6, 2010.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2010-20449 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S