[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9078-9083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4562]



[[Page 9077]]

_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 156



Flammability Labeling Requirements for Total Release Fogger Pesticides; 
Final Rule

  Federal Register / Vol. 63, No. 35 / Monday, February 23, 1998 / 
Rules and Regulations  

[[Page 9078]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 156

[OPP-36189; FRL-5748-7]
RIN 2070-AC60


Flammability Labeling Requirements for Total Release Fogger 
Pesticides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: This rule requires specific precautionary labeling relating to 
the flammability of total release fogger pesticides. EPA has found 
that, as currently labeled, total release foggers pose an unreasonable 
risk to property and pesticide users from fires and explosions that can 
be caused by a build up of extremely flammable propellants. EPA expects 
that the additional flammability label warnings required by this rule 
will reduce the potential for fires and explosions by alerting 
consumers to the dangers of total release foggers. The required 
labeling will also provide specific directions for proper use of these 
products with minimal costs to industry or consumers. Although EPA 
issued a proposed rule and received public comments in 1994, this 
action includes some labeling requirements that differ from those 
discussed in the proposal. EPA is therefore issuing this action as a 
direct final rule in order to provide an opportunity for affected 
entities to submit adverse comments on the new labeling requirements. 
If EPA receives any adverse comments on the addition of these labeling 
requirements for pesticides within 30 days from the date of this final 
rule, EPA will withdraw that paragraph of the rule to which adverse 
comments pertain. At that point, EPA will issue a proposed rule 
addressing this issue and will provide a 30-day period for public 
comment. If no adverse comments are received, the rule will become 
effective on the date specified.

DATES: This rule will become effective on April 24, 1998. Comments must 
be received by March 25, 1998.

ADDRESSES: By mail, submit written comments to: Public Information and 
Records Integrity Branch, Information Resources and Services Division 
(7502C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. In person, deliver comments to: 
Rm. 119, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically to: opp-
[email protected]. Follow the instructions under Unit VIII. of 
this document. No Confidential Business Information (CBI) should be 
submitted through e-mail.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
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 that 
does not contain CBI must be submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. The public docket is 
available for public inspection in Rm. 119 at the Virginia address 
given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding 
legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Jim Downing, Labeling Team, 
Field and External Affairs Division (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location, telephone number, and e-mail address: 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington VA, 703-308-
9071, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

                                                                        
------------------------------------------------------------------------
                                                Examples of Regulated   
                 Category                             Entities          
------------------------------------------------------------------------
Industry                                    Persons who sell and        
                                             distribute total release   
                                             fogger products.           
------------------------------------------------------------------------

    This table is not exhaustive, but is a guide to the entities EPA 
believes are regulated by this action. Read carefully the applicability 
criteria in Sec. 156.10(h)(2)(iii)(C) of the regulatory text to decide 
whether this rule applies to you.

II. Background

A. Authority

    This amendment to the labeling requirements for pesticides and 
devices (40 CFR 156.10) is issued under the authority of sections 3, 6, 
12, and 25 of the Federal Insecticide, Fungicide, and Rodenticide Act, 
as amended (FIFRA), 7 U.S.C. 136 through 136y. FIFRA section 25(a) 
authorizes the Administrator of EPA to prescribe regulations to carry 
out the provisions of FIFRA. The statutory standard that is the basis 
for Agency regulation of pesticide labeling is contained in section 
2(q) of FIFRA, which defines a ``misbranded'' pesticide and enumerates 
specific labeling deficiencies that constitute misbranding. EPA's 
labeling regulations interpret and elaborate upon the statutory 
standard.
    Under FIFRA section 3(c)(5), the labeling of the pesticide must 
comply with the requirements of FIFRA. Sections 12(a)(1)(E) and (F) of 
FIFRA provide that it is unlawful to distribute or sell a pesticide or 
device that is misbranded. Under FIFRA section 2(q), a pesticide may be 
considered misbranded in a number of circumstances. Sections 2(q)(1)(E) 
through (G) provide part of the basis for EPA's authority to impose 
label restrictions to protect health and the environment. Specifically, 
sections 2(q)(1)(F) and (G) provide that a pesticide is misbranded if 
its labeling does not contain directions for use or if the label does 
not contain a warning or caution statement adequate to protect health 
and the environment. Under FIFRA section 2(x), the term ``protect 
health and the environment'' means protect against any unreasonable 
adverse effects on the environment. FIFRA section 2(bb) defines the 
term ``unreasonable adverse effects on the environment'' to include any 
unreasonable risk to humans or the environment, taking into account the 
economic, social, and environmental costs and benefits of the use of 
any pesticide. With this final rule, EPA is giving notice of its 
determination that total release fogger pesticides that are not labeled 
in accordance with the directions for use and warning statements 
required by this rule will be considered misbranded and subject to 
possible enforcement action.
    Each provision described above is designed to prevent the sale or 
distribution of pesticides that, due to inadequate labeling, might 
cause unreasonable adverse effects to the environment.

B. Proposed Rule

    EPA issued in the Federal Register of April 15, 1994 (59 FR 18058) 
(FRL-4186-4), a proposal to require additional precautionary labeling 
relating to the flammability of total release fogger pesticides. From 
the review of the fire/explosion incidents involving total release 
foggers, EPA found that foggers as currently labeled present a risk of 
unreasonable adverse effects from fires and/or explosions caused by a 
build up of extremely

[[Page 9079]]

flammable propellants. EPA concluded that this risk is not adequately 
addressed in current labeling of total release foggers. To mitigate 
this risk, EPA proposed specific label requirements including physical 
and chemical hazards warning statements, graphic symbols, and specific 
directions for total release foggers, which if complied with, would be 
adequate to human health and the environment. Comments about the scope 
of the proposed rule were also solicited.
    Because comments received in response to the proposal have caused 
the Agency to include in this final rule certain requirements which 
were not discussed in the proposal (see discussion in Unit III.B., of 
this preamble), EPA is issuing this action as a direct final rule in 
order to provide an opportunity for affected entities to submit adverse 
comments on the new labeling requirements.

C. Hazards Caused by Total Release Foggers

    For several years EPA has received reports of incidents of fires 
and explosions involving total release foggers. For instance, the New 
York City Fire Department (NYCFD) reported 40 incidents of fires or 
explosions (28% resulting in personal injuries) reported to be caused 
by total release foggers over a 12-year period. Fifteen of the 40 
reported incidents occurred in 1990 and 1991 alone. In 32 of those 40 
documented incidents, the specific total release fogger product 
involved was identified. In its proposal, the Agency identified many 
incidents, and solicited for additional incidents involving foggers. 
However, no additional incidents were submitted in the comments, but 
the Agency did receive reports of several incidents connected with use 
of foggers from various other locations around the country from states 
and media articles which revealed extensive property damage. These 
reports are in the public information docket for this rule.
    Fire experts have indicated to the Agency that the actual number of 
such incidents occurring around the country is much higher. Due to the 
lack of a nationwide reporting system that could capture these type of 
fire incidents, EPA believes the reports it has received are only the 
``tip of the iceberg''; annually, there are many more such incidents 
occurring for which EPA does not receive reports.

III. Comments Received on the Proposed Rule

    Twenty-two comments from registrants, trade associations, public 
interest groups, and others were received on the proposed rule. Most of 
the comments generally agreed with the need for label improvement for 
total release foggers. The significant comments are presented below 
with EPA's response to the comment. A detailed response to comments is 
available in the public record.

A. Graphic Symbols

    EPA proposed the use of graphic symbols (one symbol depicting fire 
and one symbol representing explosive potential) to alert users of the 
potential dangers of misuse of total release foggers. Six commenters 
expressed concern with the use of graphic symbols or they were 
definitely opposed to the use of graphic symbols. Their biggest 
concerns were that the proposed symbols would be confusing, and could 
unduly alarm consumers or that consumers might ``misunderstand or 
misinterpret'' the meaning of the symbols. One commenter stated, ``We 
have a strong concern that users will not understand the graphic 
symbols. For example, the bursting symbol may actually portray to a 
person that the product is meant to burst to disperse the product 
properly during usage when such, of course, is not the case. On the 
other hand, the symbol may be interpreted by others to mean that it 
presents far more of a danger than actually exists. Unlike an 
industrial worker audience, consumers are not generally educated as to 
the meaning of symbols.''
    As an alternative, one of the six commenters suggested using the 
fire symbol, but not the proposed explosion (bursting) symbol. One of 
the commenters supporting the use of symbols encouraged the use of the 
internationally accepted graphic symbol for fire.
    The Agency has decided to retain the use of the fire symbol, but to 
eliminate the proposed explosion symbol. The Agency believes the fire 
symbol is widely recognized and is necessary to capture the pesticide 
user's attention to alert the user to the potential hazards of these 
products. EPA's fire symbol is similar to many other fire symbols used 
by other agencies for many years. The U.S. Department of 
Transportation, the European Community, and Canada use a fire symbol 
that incorporates a fire as a symbol of flammability. Because there are 
slight variations in the presentation of the fire symbol among various 
authorities, and to allow maximum flexibility, EPA has decided to allow 
use of an ``equivalent'' fire symbol as an alternative to the one in 
the proposed rule. Since a fire graphic is widely understood by the 
public, EPA believes that slight variations among existing symbols will 
not reduce the value of the information conveyed by the symbol. On the 
other hand, the Agency agreed with several commenters that the 
explosion symbol on total release foggers could be misunderstood or 
misinterpreted or that it might not be effective. Therefore the 
proposed explosion symbol was omitted from the final rule.

B. Number of Foggers to be Used and Pilot Lights

    EPA proposed to limit the number of foggers to be used. By limiting 
the use to one fogger per room and eliminating all ignition sources, 
the risks of fire and/or explosions can be substantially reduced, if 
not eliminated. From an evaluation of the incidents, the Agency 
recognizes that fires/explosions are generally due to excessively high 
concentrations of highly flammable gases (propellent in the foggers) in 
the area being fogged. This is caused by too many foggers being used 
with the presence of an ignition source. Furthermore, the Agency has 
learned from fire officials that the elimination of ignition sources is 
very important to safe use of foggers containing highly flammable 
propellants. Several fire officials EPA talked with acknowledged the 
risk of consumers extinguishing and relighting their pilot lights. 
However, they agreed that those risks were far outweighed by the risks 
associated with activation of foggers with pilot lights unextinguished. 
A record of these conversations is available in the public information 
docket. Therefore, EPA has concluded that limiting the number of 
foggers to be used and eliminating all ignition sources are paramount 
to continued safe use of total release foggers. No commenter disagreed 
with the proposal to eliminate all ignition sources before using a 
total release fogger. In fact, two commenters recommended the label 
instruct users to extinguish pilot lights and other ignition sources. 
In earlier comments on a previous notice dated February 19, 1991 (56 FR 
6856), a commenter had raised the issue of the hazard of instructing 
fogger users (consumers) to turn off their gas pilot lights; the danger 
of consumers extinguishing and relighting their own pilot lights was 
emphasized.
    After consultation with fire safety professionals and gas industry 
representatives, the Agency has decided to instruct users to turn off 
all ignition sources such as pilot lights, other open flames and 
running electrical appliances. One fire professional suggested 
referring fogger users to their

[[Page 9080]]

gas utility or management company for assistance in extinguishing and 
relighting pilot lights. The Agency believes the risks of consumers 
improperly extinguishing and relighting pilot lights are outweighed by 
the benefits of eliminating all ignition sources before total release 
foggers are used; and that instructing consumers to contact their gas 
utility or management company for assistance will further reduce any 
risks.
    This approach of limiting the number of foggers used and 
extinguishing pilot lights will also eliminate the issues from the 
proposed rule of the six-foot ``buffer zone'' and the square footage 
limitation. As was pointed out by one commenter, the flammability of 
total release fogger use is not a function of distance from an ignition 
source, but a function of the concentration of the highly flammable 
(propellant) gas. By eliminating sources of ignition altogether, risks 
can be reduced without complex decisions by consumers about distances 
between foggers and ignition sources. By simplifying the label 
instructions, EPA believes consumers are more likely to be able to 
comply.
    One commenter, S.C. Johnson Son, Inc. conducted a consumer-based 
label testing and development program to determine the most effective 
method of improving consumer comprehension regarding the proper use of 
total release foggers. This study included qualitative research to 
decide which fogger labeling best communicates proper use and safety 
information and evaluated consumers' perceptions of room size. 
Quantitative research, also a part of the study program, tested various 
fogger labels, including a fogger label amended according to the 
proposed rule. An ``optimized label'' developed from the quantitative 
research was also tested, which included the simpler instructions ``Do 
not use more than one fogger in a room.'' and ``Extinguish All Flames 
and Pilot Lights.''
    The results of the S.C. Johnson study suggested limiting the user 
to only one fogger per room, as is shown in the final rule language. 
The study showed that consumers have difficulty accurately estimating 
room size. Less than 10% of consumers could accurately estimate cubic 
feet. Therefore, the approach (``DO NOT use more than one fogger per 
____ square feet.'') of the proposed rule was judged by EPA not to be 
very effective after all. However, limiting the use to one fogger per 
room to manage the concentration of highly flammable gases in the area 
to be fogged was judged to be the most effective. Furthermore, EPA has 
determined that a limit of one fogger per room will be adequately 
protective. An added safety factor is the limit of ``Do not use in a 
room 5 ft. x 5 ft. or smaller. . .'', as was shown on the ``optimized 
label'' used in the S.C. Johnson study. This limit would help a fogger 
user avoid using too many foggers in a dwelling with many small rooms. 
This limit of a room 5 ft. x 5 ft. (the typical ``walk-in'' closet or 
small bathroom) or smaller was judged to be appropriate.
    The Agency has attempted to allow efficacious, but not excessive 
use, while creating a restriction that can be easily understood and 
carried out by the typical fogger user. The circumstances in which 
foggers can be used vary widely. Room size, natural ventilation, 
ambient temperatures, humidity, presence and proximity of ignition 
sources, etc. are different from structure to structure, yet each 
factor can have an impact on risk. While the one fogger per room 
approach may allow for more concentrated use than that permitted by the 
language of the proposed rule, it is still within a safe level of use 
considering the fact that the ignition sources will be eliminated as 
well. EPA also believes that the efficacy of foggers will be unaffected 
by this requirement. Users are far more likely to understand and 
successfully follow the one fogger per room approach than would have 
been the case from the formula approach of the proposed rule (``DO NOT 
use more than one fogger per ____ square feet.''). Based on the above, 
EPA has determined that the ``one fogger per room'' label language 
achieves equivalent risk mitigation as the language of the proposed 
rule and has adopted this language and included it in the final rule.

C. Flammability Terminology

    EPA proposed the use of the term ``extremely flammable'' to 
describe the hazard of the hydrocarbon propellant. Several commenters 
opposed the use of this term, stating that it would conflict with 
required flammability labeling already required in the Physical and 
Chemical Hazards statement for the product as a whole. EPA currently 
requires that a pressurized product bear a hazard statement of either 
``Flammable'' or ``Extremely Flammable'' based on flash point and flame 
extension test results. The commenter's point is that a fogger that 
bears the statement ``Extremely Flammable'' under the proposal because 
it contains a flammable propellant might, based upon flammability 
characteristics of the product as a whole, bear only the term 
``Flammable.''
    EPA acknowledges that sometimes this could be true. However, EPA 
also believes it likely that total release foggers containing 
significant levels of hydrocarbon propellant requiring ``Extremely 
Flammable'' labeling under this rule would also require ``Extremely 
Flammable'' labeling under the current regulations. The ``Extremely 
Flammable'' term is required only when the propellant has a flash point 
of <20  deg.F. The same flash point triggers the flammability hazard 
warning for the product as a whole. Thus, a product would have to have 
a significant amount of non-propellant ingredients with flash points 
above 20  deg.F to compensate for the extremely flammable nature of the 
propellant. Even if this were the case, some number of products would 
likely fail the flame extension test for pressurized products 
(flashback to the valve opening) and would still require the 
``Extremely Flammable'' statement.
    Because of the potential for confusion with some fogger products, 
EPA has decided to require the term ``Highly Flammable'' instead of 
``Extremely Flammable.'' The Agency believes that most consumers would 
not distinguish between the two terms and believes the same message 
would be conveyed to the fogger user. EPA recognizes that it is very 
important that the user know the product contains highly or very 
flammable ingredients. This terminology, in addition to the fire 
symbol, is extremely important in communicating to the user the hazards 
of total release foggers containing extremely flammable propellants.

D. Format

    EPA did not propose specific formatting or presentation criteria 
for the required label language. However, several commenters suggested 
setting off the warning language contained in the final rule with 
boxes, contrasting colors, and pictograms on the total release fogger 
labels. Many of these formatting ideas were a part of the S.C. Johnson 
consumer study mentioned earlier. EPA is not prescribing such 
formatting in this rule. However, registrants are encouraged to use 
formatting appropriate for the hazard statement that will highlight the 
statement for consumers.

E. General Comments

    EPA solicited comments concerning the scope of the proposed rule, 
i.e., for total release foggers only. Most comments concurred with 
EPA's decision to limit labeling changes to the total release foggers. 
Two comments indicated that regulatory changes should be extended to 
aerosol pesticide products overall. However, no additional data were 
submitted

[[Page 9081]]

indicating unreasonable adverse effects from other aerosol pesticide 
products, so EPA has decided to limit the scope of this rule to total 
release foggers as proposed.

IV. Provisions of the Final Rule

    This final rule amends 40 CFR 156.10 to add required label language 
to the ``Directions for Use'' and the ``Physical and Chemical Hazards'' 
warning statements. This new language warns fogger users about the 
hazard of a concentration of gases that could cause a fire or 
explosion. These warnings limit the number of foggers that can be 
released within the dwelling. The precautionary label language reads as 
outlined in Units IV.A. and IV.B. of this preamble.

A. Labeling Changes to the ``Physical and Chemical Hazards'' Section

    This product contains a highly flammable ingredient. It may 
cause a fire or explosion if not used properly. Follow the 
``Directions for Use'' on this label very carefully.

    This wording is slightly different from that which was contained in 
the proposed rule. In the final rule, the Agency decided to alter the 
wording to improve communication. In addition to the above label 
language, EPA is requiring on all total release foggers the use of a 
standard graphic symbol representing fire.

B. Labeling Changes to the ``Directions for Use'' Section

    DO NOT use more than one fogger per room. DO NOT use in small, 
enclosed spaces such as closets, cabinets, or under counters or 
tables. Do not use in a room 5 ft. x 5 ft. or smaller; instead, 
allow fog to enter from other rooms. Turn off ALL ignition sources 
such as pilot lights (shut off gas valves), other open flames, or 
running electrical appliances that cycle off and on (i.e., 
refrigerators, thermostats, etc.). Call your gas utility or 
management company if you need assistance with your pilot lights.

V. Risks/Benefits of this Rule

    As discussed in the proposed rule, the Agency recognizes the 
benefits of total release foggers and has taken into consideration 
these benefits regarding the Agency's assessment of the risks of total 
release foggers. The Agency has determined that these label changes 
will be adequate to reduce the risks from total release foggers. EPA 
believes fewer fires/explosions with loss of life or property will 
result from the better labeling of these products. Further, these 
labeling requirements do not reduce the benefits of these products, but 
provide for safer use.
    Overall, as was concluded in the proposed rule, EPA believes these 
label changes are needed and that the benefits of such changes outweigh 
the risks. The modification to the required label language mentioned 
above does not change in any way the Agency's risk-benefit 
determination. Labeling for improved hazard warnings of foggers does 
not affect the sale or use of such products.

VI. Implementation

    Under 40 CFR 152.130, EPA may prescribe timeframes for the 
implementation of Agency directed label changes. This unit describes 
how EPA will implement the changes in this rule. EPA will provide 
detailed instructions directly to registrants. After the effective date 
of the final rule, applications for new registrations of total release 
foggers will not be approved unless they comply with these labeling 
requirements. Further, no total release fogger products containing an 
extremely flammable propellant may be distributed or sold by 
registrants after October 1, 1999, unless the product bears the amended 
label language required by this rule. Thereafter, EPA may initiate 
cancellation proceedings under FIFRA section 6, or an enforcement 
action for misbranding under FIFRA section 12(a)(1)(E), for any total 
release fogger product not in compliance with the requirements of FIFRA 
and this rule.

VII. Statutory Review

    A draft of this rule was provided to the Secretary of Agriculture 
(USDA), the Committee on Agriculture, Nutrition, and Forestry of the 
United States Senate, and to the Committee on Agriculture, of the U.S. 
House of Representatives. The FIFRA Scientific Advisory Panel waived 
its review of this rule.

VIII. Public Record and Electronic Submissions

    The official record for this rulemaking, as well as the public 
version, has been established for this rulemaking under docket control 
number ``OPP-36189'' (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 CBI, is available for inspection 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The official rulemaking record is located at the Virginia 
address in ADDRESSES at the beginning of this document.
    Electronic comments can be sent directly to EPA at:
    [email protected]


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comment and data 
will also be accepted on disks in Wordperfect 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket control number ``OPP-36189.'' Electronic comments on this 
final rule may be filed online at many Federal Depository Libraries.

IX. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), this action is not a 
``significant regulatory action'' subject to review by the Office of 
Management and Budget (OMB).
    According to the Economic Assessment conducted by the Agency, the 
costs per product of this rule were between $8,000 and $13,000. The 
total costs for the industry would be between $1.87 million and $3 
million (net present value). A copy of the Economic Assessment is 
available in the public docket for this rule.

B. Regulatory Flexibility Act

    Under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.), the Agency hereby certifies that this action will not 
have a significant economic impact on a substantial number of small 
entities. This action does not impact any small entities. Information 
relating to this determination is provided upon request to the Chief 
Counsel for Advocacy of the Small Business Administration, and is 
included in the docket for this rulemaking.
    The label changes for aerosol pesticides, known as total release 
foggers, will not impose a significant adverse economic impact on a 
substantial number of small entities. The estimated cost impacts 
associated with the label changes are less than 1% (0.07%) of the 
annual revenues for small businesses. One of the main benefits of the 
rule is to reduce the number of accidents that occur from the misuse of 
total release foggers.
    EPA will allow all registrants almost 2 years to incorporate the 
label changes. This compliance time will allow all registrants, 
including those that are small businesses, to revise labels in the

[[Page 9082]]

normal course of business, thus minimizing the economic impact. 
Therefore, no regulatory flexibility analysis was prepared. However, 
the economic assessment for this rule is available in the public docket 
for this rule.

C. Paperwork Reduction Act

    OMB has approved the information collection requirements contained 
in this rule under the provisions of the Paperwork Reduction Act (PRA), 
44 U.S.C. 3501 et seq. In accordance with the procedures at 5 CFR 
1320.11, OMB has assigned OMB control number 2070-0060 (EPA ICR No. 
277.10) to this activity. An Agency may not conduct or sponsor, and a 
person is not required to respond to a collection of information 
subject to OMB approval under the PRA unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's 
regulations, after initial publication in the Federal Register, are 
maintained in a list at 40 CFR part 9.
    Public reporting burden for this collection of information is 
estimated to average 0.85 hours per product, including time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection information.
    Under the PRA, ``burden'' means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Send any comments on the burden estimates and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques within 30 days to EPA at the address 
provided above, with a copy to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 17th St., NW., 
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
Please remember to include the ICR number in any correspondence.

D. Unfunded Mandates Reform Act and Executive Order 12875

    Under Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4), this action does not result in the expenditure of $100 million 
or more by any State, local, or tribal governments, or by anyone in the 
private sector, and will not result in any ``unfunded mandates'' as 
defined by Title II. The costs associated with this action are 
described in the Executive Order 12866 unit above.
    Under Executive Order 12875 (58 FR 58093, October 28, 1993), EPA 
must consult with representatives of affected State, local, and tribal 
governments before promulgating a discretionary regulation containing 
an unfunded mandate. This action does not contain any mandates on 
States, localities, or tribes and is therefore not subject to the 
requirements of Executive Order 12875.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
United States prior to publication of this rule in today's Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 156

    Environmental protection, Labeling, Occupational safety and health, 
Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: February 4, 1998.
Carol M. Browner
Administrator.
    Therefore, 40 CFR part 156 is amended as follows:

PART 156--[AMENDED]

    1. The authority citation for part 156 continues to read as 
follows:

    Authority: 7 U.S.C. 136 - 136y.

    2. In Sec. 156.10, by revising paragraph (h)(2)(iii) and adding 
paragraph (i)(2)(x)(D) to read as follows:


Sec. 156.10   Labeling requirements.

      *    *    *    *    *
    (h) *  *  *
    (2) *  *  *
    (iii) Physical or chemical hazards. (A) Warning statements on the 
flammability or explosive characteristics of all pesticides are 
required as set out in Table 1 and Table 2 of this paragraph as 
follows:

                    Table 1.--Pressurized Containers                    
------------------------------------------------------------------------
              Flash Point                         Required Text         
------------------------------------------------------------------------
Flash point at or below 20  deg.F; if    Extremely flammable. Contents  
 there is a flashback at any valve        under pressure. Keep away from
 opening                                  fire, sparks, and heated      
                                          surfaces. Do not puncture or  
                                          incinerate container. Exposure
                                          to temperatures above 130     
                                          deg.F may cause bursting      
                                                                        
Flash point above 20  deg.F and not      Flammable. Contents under      
 over 80  deg.F or if the flame           pressure. Keep away from heat,
 extension is more than 18 inches long    sparks, and open flame. Do not
 at a distance of 6 inches from the       puncture or incinerate        
 flame                                    container. Exposure to        
                                          temperatures above 130  deg.F 
                                          may cause bursting            
                                                                        
All other pressurized containers         Contents under pressure. Do not
                                          use or store near heat or open
                                          flame. Do not puncture or     
                                          incinerate container. Exposure
                                          to temperatures above 130     
                                          deg.F may cause bursting.     
------------------------------------------------------------------------


                   Table 2.--Nonpressurized Containers                  
------------------------------------------------------------------------
              Flash Point                         Required Text         
------------------------------------------------------------------------
At or below 20  deg.F                    Extremely flammable. Keep away 
                                          from fire, sparks, and heated 
                                          surfaces.                     
                                                                        
Above 20  deg.F and not over 80  deg.F   Flammable. Keep away from heat 
                                          and open flame.               
                                                                        

[[Page 9083]]

                                                                        
Above 80  deg.F and not over 150  deg.F  Do not use or store near heat  
                                          or open flame.                
------------------------------------------------------------------------

    (B) A ``total release fogger'' is defined as a pesticide product in 
a pressurized container designed to automatically release the total 
contents in one operation, for the purpose of creating a permeating fog 
within a confined space to deliver the pesticide throughout the space.
    (C)(1) If the pesticide product is a total release fogger 
containing a propellant with a flash point at or below 20  deg.F, then 
the following special instructions must be added to the ``Physical and 
Chemical Hazards'' warning statement:

    This product contains a highly flammable ingredient. It may 
cause a fire or explosion if not used properly. Follow the 
``Directions for Use'' on this label very carefully.

    (2) A graphic symbol depicting fire such as illustrated in this 
paragraph or an equivalent symbol, must be displayed along with the 
required language adjoining the ``Physical and Chemical Hazards'' 
warning statement. The graphic symbol must be no smaller than twice the 
size of the first character of the human hazard signal word.
[GRAPHIC] [TIFF OMITTED] TR23FE98.000

    (i) * * *
    (2) * * *
    (x) * * *
    (D) For total release foggers as defined in paragraph 
(h)(2)(iii)(B) of this section, the following statements must be 
included in the ``Directions for Use'':

    DO NOT use more than one fogger per room. DO NOT use in small, 
enclosed spaces such as closets, cabinets, or under counters or 
tables. Do not use in a room 5 ft. x 5 ft. or smaller; instead, 
allow fog to enter from other rooms. Turn off ALL ignition sources 
such as pilot lights (shut off gas valves), other open flames, or 
running electrical appliances that cycle off and on (i.e., 
refrigerators, thermostats, etc.). Call your gas utility or 
management company if you need assistance with your pilot lights.''

    *    *    *    *    *

[FR Doc. 98-4562 Filed 2-20-98; 8:45 am]
BILLING CODE 6560-50-F