Finally, the timing and magnitude of urban uses is less well defined for urban uses than agricultural uses. While agricultural uses would occur within a predictable window during the growing season, the need for urban uses could occur at different times each year, and might occur at different times within the same watershed. In addition, since records of how and to what extent pyrethroids are applied by homeowners are less well defined than for professional applications, it is harder to estimate the total load to model.

Pyrethroid monitoring data The Agency considers surface water monitoring data in addition to modeling results when they are available. However, surface water monitoring for pyrethroids has been limited, perhaps because the pyrethroids would more likely be associated with aquatic sediment than the water Page 51 of 79 column. The USGS NAWQA program included permethrin ( another pyrethroid currently undergoing reregistration) as the only pyrethroid among its pesticide analytes, and detected it in 0.15% of 1185 agricultural stream samples from 78 sample locations. Permethrin was not detected in 803 urban stream samples taken from 33 sample locations. The NAWQA program also analyzed for cis permethrin in bed sediments, and had similar detection rates in between the agricultural ( 1.5%) and urban ( 1.0%) land use sites; trans permethrin was detected in 0.8% of bed sediment samples.

More recently, researchers from the University of California Berkeley have published studies which reported transport of pyrethroids to stream bed sediment as a result of urban uses. In 2004, Weston, et al. collected sediment from creeks draining a residential area in Rosedale, California. The sediments were analyzed for 7 pyrethroids ( including cypermethrin and permethrin), as well as for other insecticides. All of the pyrethroids were detected in the bed sediment from at least one sampling location. The researchers exposed the aquatic amphipod Hyalella azteca to the 21 sediment samples they collected; pesticide concentrations in 9 of these samples was sufficient to cause 90% mortality in the amphipods after a 10 day exposure. The concentrations of pyrethroids detected in the sediments were above the level expected to cause 50% mortality in H. azteca, suggesting that the pyrethroids were responsible for the observed toxicity.

In a subsequent study, Weston, et al. collected samples from 15 urban creeks in California and 12 in Tennessee. Toxicity to H. azteca was observed at least once with sediments taken from 12 of the 15 California sampling sites. In most cases, the toxicity could be accounted for by the concentrations of pyrethroids detected in the sediment. Pyrethroids were rarely detected in the Tennessee sediment samples, and exposure to the Tennessee sediments did not prove to be toxic to H. azteca.

Future steps The results of the Weston, et al. studies has led a number of organizations, such as the California State Water Resources Control Board ( SWRCB) to submit comments to the Agency during the reregistration process of several pyrethroid insecticides, calling for mitigation measures to prevent pyrethroid surface water contamination. However, the lack of knowledge which makes it difficult to develop an urban pesticide transport model also makes it difficult to identify meaningful mitigation at this time. The Agency has developed some initial mitigation options during the reregistration process, and intends to identify steps which can be taken to allow a greater understanding of potential ecological risk from urban pyrethroid uses.

One reason that broad mitigation measures cannot be adopted during reregistration is that only three pyrethroid insecticides are required to be reviewed for reregistration in accordance with FQPA. If use restrictions were placed on one of these three pesticides, one of the other pyrethroids would likely replace it for that use. It is important, as some commenters have suggested, to perform a risk assessment for all of the pyrethroids at the same time. The Weston papers indicated that the sediments which proved toxic to the tested aquatic invertebrate were contaminated not only with the pyrethroids undergoing reregistration, but also other pyrethroids such as bifenthrin and lambda cyhalothrin. Page 52 of 79 The next opportunity to assess the pyrethroids as a group will occur during the Registration Review program, for which the Agency issued a proposed rule in July 2005 and plans to issue the final rule and implement the program in 2006. The purpose of Registration Review is to ensure the periodic review of all pesticides to make sure they continue to meet current scientific and regulatory requirements, with the goal of reviewing each pesticide every fifteen years. The pyethroids are tentatively scheduled for re evaluation under the proposed Registration Review program in 2010.

A number of steps are planned for the intervening years which should improve the Agency's ability to assess the level of aquatic exposure to pyrethroids from urban use. One step is to better identify what conditions in an urban setting might lead to greater vulnerability to transport to urban water bodies. Although the Weston papers reported sediment toxicity from samples from California but not Tennessee, the authors could only speculate what differences in use or geography made an area more vulnerable to exposure than the other.

Further investigation into the dominant urban uses and application practices of pyrethroids around the country would help provide a clearer picture of relative vulnerability. The SWRCB commented that structural pest control is likely a major source of pyrethroids in urban runoff, and suggested best management practices ( BMP). The Pyrethroid Working Group ( PWG) indicated that irrigation of lawns in areas of California with little rainfall during the application season could be a major contributor, and has contacted organizations such as Responsible Industry for a Sound Environment ( RISE) and the Coalition for Urban/ Residential Environmental Stewardship ( CURES) to develop BMPs as part of their product stewardship plan. As further sediment monitoring studies are published describing parts of the country with different weather and pest pressures, more detailed usage data will make it easier to correlate the causes of pyrethroid use practices.

The Agency will also continue in its efforts to develop a screening level model for urban pesticide uses. Advances in the resolution of GIS databases may allow better representation of the impervious and pervious portions of a typical urban landscape. As it becomes clearer which uses are most likely to lead to transport of pyrethroids to surface water, the conceptual model of how urban transport should be simulated will be more focused.

Finally, the Agency will evaluate available published literature and call in data to resolve data gaps to ensure a robust comparison of the potential ecological risk of all the pyrethroids during Registration Review. Toxicity data cited by several commenters from published literature are included in the Agency's ECOTOX database. The Agency will evaluate the quality of studies to identify those to be included in the risk assessments during Registration Review. The PWG has performed some toxicity studies identified by the Agency as data gaps, such as sediment invertebrate toxicity tests and those studies are in review.

Interim mitigation required for reregistration Until the Agency can perform a quantitative risk assessment for the non agricultural uses of cypermethrin, the Agency believes that certain interim mitigation measures are warranted. These mitigation measures are intended to reduce the runoff and drainage to storm sewers, surface Page 53 of 79 water, and aquatic habitats associated with the current industrial, commercial, and residential uses of cypermethrin, and to address potential risks to aquatic organisms from these existing use patterns. These mitigation measures should also help to reduce off site exposure and risk to terrestrial organisms.

To reduce runoff and drift to water bodies, and to address potential ecological risks from nonagricultural ( industrial, commercial, and residential) uses of cypermethrin, the following mitigation measures are required:

For products with indoor and/ or outdoor nuisance pest control uses ( other than termiticides)

  Limit all outdoor non termite applications to spot and crack and crevice applications, only, except for the following barrier, perimeter, band or broadcast spray applications, which are permitted: ( 1) Barrier, perimeter or band applications to soil or vegetation around structures; ( 2) Broadcast applications to vegetated residential or commercial landscapes, including lawns and turf; ( 3) Band applications to building foundations, up to a maximum height of 3 feet. Other than number ( 3), above, all outdoor non termite applications to impervious surfaces such as sidewalks, driveways, patios, porches and structural surfaces ( such as windows, doors, and eaves) are limited to spot and crack and crevice applications, only.   Reduce the maximum broadcast application rate for residential, commercial, and industrial lawns to 0.44 lbs ai/ A ( 0.0101 lbs ai/ 1000 ft2) for all formulations. ( Maximum rate was 0.74 lbs ai/ A).   For outdoor uses, do not apply within 10 feet of storm drains. Do not apply within 25 feet of rivers, fish ponds, lakes, streams, reservoirs, marshes, estuaries, bays, or oceans.   Prohibit application directly into drains, or to any area where drainage to storm sewers, water bodies, or aquatic habitat can occur. When making an application around or near a floor drain, limit the application to a spot treatment and do not allow the product to enter the drain during or after the application. The use site " Application around or near floor drains" should be listed separately from other indoor use sites on the label, with these restrictions.   Broadcast applications to exterior surfaces of boats are prohibited. Applications to exterior surfaces of boats are limited to spot treatments, only. Use inside boats, ships, and other vessels is permitted. Do not allow product to drain or wash off into water bodies or aquatic habitat. The use site " Application in and on boats" should be listed separately from other use sites on the label, with these restrictions.   Cover any water inhabited by fish ( such as aquariums and ornamental fish ponds) during treatment, and turn aquarium systems off.   Remove birds and other pets. Do not allow pets to enter treated areas or contact treated surfaces until sprays have dried.   Do not apply when windy ( sustained wind speeds or gusts above 10 mph).   After application, do not over water the treated area to the point of runoff. Do not apply when raining or when rain is expected within 8 hours. Page 54 of 79   Rinse application equipment over lawn or garden area only. Do not allow rinse water to flow into drains ( including storm drains), street gutters, sewers, drainage ditches, water bodies, or aquatic habitat.

Comments were received concerning use of cypermethrin in " swimming pool water systems." Application to swimming pool water systems, or to swimming pools in general, is not a labeled use of cypermethrin. Cypermethrin may be applied as a broadcast treatment to lawns and other vegetated areas around swimming pools, or as a spot or crack and crevice treatment to impermeable surfaces ( such as tiled walkways) around pools.

A granular product was registered on February 23, 2006 ( EPA registration # 28293 367). This product is for application to fire ant mounds on lawns and outside of homes. EPA does not believe that this product, when used according to label directions ( very limited, targeted use), presents a risk of concern to non target organisms.

For pre construction subterranean termite control During the phase 3 comment period for cypermethrin, EPA received comments from California water regulatory agencies concerning the potential for runoff and aquatic risk from preconstruction ( non injected) termite applications. Commenters also submitted label statements for this use. After receiving input from the Association of Structural Pest Control Regulatory Officials ( ASPCRO), EPA developed the proposed label statements listed below. EPA would like to invite further stakeholder input on these statements during the post RED comment period for cypermethrin.

( 1) If concrete slabs cannot be poured over the treated soil on the day of application, the treated soil must be covered with a waterproof covering ( such as polyethylene sheeting).

( 2) Do not treat soil that is water saturated or frozen. Do not treat when raining or when rain is expected within 8 hours. All treated areas must covered ( with a waterproof covering) before it starts to rain. If a waterproof cover is used, storm water runoff must be diverted around the treatment area to prevent water from contacting or collecting in the treatment area.

( 3) Do not apply within 10 feet of storm drains. Do not apply within 25 feet of rivers, fish ponds, lakes, streams, reservoirs, marshes, estuaries, bays, or oceans.

( 4) Do not make on grade applications when sustained wind speeds or gusts are above 10 mph.

c. Endangered Species The Agency has developed the Endangered Species Protection Program to identify pesticides whose use may cause adverse impacts on endangered and threatened species, and to implement mitigation measures that address these impacts. The Endangered Species Act ( ESA) requires federal agencies to ensure that their actions are not likely to jeopardize listed species or adversely modify designated critical habitat. To analyze the potential of registered pesticide uses that may Page 55 of 79 affect any particular species, EPA uses basic toxicity and exposure data developed for the REDs and considers it in relation to individual species and their locations by evaluating important ecological parameters, pesticide use information, geographic relationship between specific pesticide uses and species locations, and biological requirements and behavioral aspects of the particular species, as part of a refined species specific analysis. When conducted, this speciesspecific analysis will take into consideration any regulatory changes recommended in this RED that are being implemented at that time.

Following this future species specific analysis, a determination that there is a likelihood of potential impact to a listed species or its critical habitat may result in: limitations on the use of cypermethrin, other measures to mitigate any potential impact, or consultations with the Fish and Wildlife Service or the National Marine Fisheries Service as necessary. If the Agency determines use of cypermethrin " may affect" listed species or their designated critical habitat, EPA will employ the provisions in the Services regulations ( 50 CFR Part 402). Until that species specific analysis is completed, the risk mitigation measures being implemented through this RED will reduce the likelihood that endangered and threatened species may be exposed to cypermethrin at levels of concern. EPA is not requiring specific cypermethrin label language at the present time relative to threatened and endangered species. If, in the future, specific measures are necessary for the protection of listed species, the Agency will implement them through the Endangered Species Protection Program.

3. Benefits of Cypermethrin Use and Available Alternatives Pyrethrin and synthetic pyrethroids, including cypermethrin, cyfluthrin, deltamethrin, esfenvalerate, lambda cyhalothrin, permethrin, resmethrin, sumithrin, tetramethrin, and tralomethrin, are available to control a wide variety of nuisance, lawn and garden plant, structural, and public health arthropod pests. Pyrethroids may be applied inside residential areas as a crack and crevice, area, or spot spray. They may also be applied in areas adjacent to or surrounding residential areas as a perimeter treatment to prevent the movement of pests into houses and as a spot and yard treatment. Usage data are sparse and generally do not distinguish between chemicals within the class or differentiate the amounts used on various residential sites. The recent loss of chlorpyrifos and diazinon for residential pest control has resulted in a greater reliance on pyrethrins and synthetic pyrethroids, as a class, among residential users. Most pyrethroids have similar efficacy and cost. In the absence of any one pyrethroid, homeowners and professional applicators would most likely simply substitute another pyrethroid insecticide. Users might also substitute insecticides from other chemical classes ( e. g. organophosphates, carbamates, and neonicotinoids) and nonchemical control techniques ( e. g. sanitation or exclusion). Given the options for substitution, the economic impacts of restricting any one chemical would not likely be significant; also, the impact on risk of restricting any one pyrethroid is uncertain and might increase given the substitute available.

V. What Registrants Need to Do The Agency has determined that cypermethrin is eligible for reregistration provided that the mitigation measures and label changes identified in this RED are implemented. Registrants will need to amend their product labeling to incorporate the label statements set forth in the Label Page 56 of 79 Changes Summary Table ( table 16). The Agency intends to issue Data Call Ins ( DCIs) requiring generic and product specific data. Generally, the registrant will have 90 days from receipt of a DCI to complete and submit response forms or request time extensions and/ or waivers with a full written justification. For product specific data, the registrant will have eight months to submit data and amended labels.

A. Manufacturing Use Products 1. Additional Generic Data Requirements The generic data base supporting the reregistration of cypermethrin for currently registered uses has been reviewed and determined to be substantially complete. However, the data listed below are necessary to confirm the reregistration eligibility decision documented in this RED.

Table 15. Guideline Requirements for Cypermethrin Data Requirement Old Guideline Number New OPPTS Guideline No. Life Cycle Aquatic Invertebrate, Freshwater: 72 4 ( b) 850.1350 Additional Residue Chemistry Clarifications Other needed label changes pertain to the following: 1) minimum retreatment intervals, 2) minimum aerial application volumes, and 3) impractical cotton forage grazing/ feeding restrictions.

2. Labeling Requirements To ensure compliance with FIFRA, manufacturing use product ( MUP) labeling should be revised to comply with all current EPA regulations, PR Notices, and applicable policies. The MUP labeling should bear the labeling contained in Table 16.

3. Spray Drift Management The Agency has been working closely with stakeholders to develop improved approaches for mitigating risks to human health and the environment from pesticide spray and dust drift. As part of the reregistration process, the EPA will continue to work with all interested parties on this important issue.

B. End Use Products Additional Product Specific Data Requirements Section 4( g)( 2)( B) of FIFRA calls for the Agency to obtain any needed product specific data regarding the pesticide after a determination of eligibility has been made. The Registrant must review previous data submissions to ensure that they meet current EPA acceptance criteria and if Page 57 of 79 not, commit to conduct new studies. If a registrant believes that previously submitted data meet current testing standards, then the study MRID numbers should be cited according to the instructions in the Requirement Status and Registrants Response Form provided for each product. The Agency intends to issue a separate product specific data call in ( PDCI), outlining specific data requirements. For any questions regarding the PDCI, please contact Jane Mitchell at ( 703) 308 8061.

Labeling for End Use Products To be eligible for reregistration, labeling changes are necessary to implement measures outlined in Section IV above. Specific language to incorporate these changes is specified in table 16. Generally, conditions for the distribution and sale of products bearing old labels/ labeling will be established when the label changes are approved. However, specific existing stocks time frames will be established case by case, depending on the number of products involved, the number of label changes, and other factors. Page 58 of 79 Labeling Changes Summary Table 16 In order to be eligible for reregistration, amend all product labels to incorporate the risk mitigation measures outlined in Section IV. The following table describes how language on the labels should be amended.

Table 16. Summary of Labeling Changes for Cypermethrin Description Amended Labeling Language Placement on Label For all Manufacturing Use Products " Only for formulation into an insecticide for the following use( s) [ fill blank only with those uses that are being supported by MP registrant]."

" This product may not be formulated into wettable powder end use formulations unless they are packaged in water soluble bags." Directions for Use One of these statements may be added to a label to allow reformulation of the product for a specific use or all additional uses supported by a formulator or user group " This product may be used to formulate products for specific use( s) not listed on the MP label if the formulator, user group, or grower has complied with U. S. EPA submission requirements regarding support of such use( s)."

" This product may be used to formulate products for any additional use( s) not listed on the MP label if the formulator, user group, or grower has complied with U. S. EPA submission requirements regarding support of such use( s)." Directions for Use Environmental Hazards Statements Required by the RED and Agency Label Policies [ LOOK UP IN LABEL REVIEW MANUAL] " This pesticide is toxic to fish and aquatic invertebrates. Do not discharge effluent containing this product into lakes, streams, ponds,

estuaries, oceans, or other waters unless in accordance with the requirements of a National Pollutant Discharge Elimination System ( NPDES) permit and the permitting authority has been notified in writing prior to discharge. Do not discharge effluent containing this product to sewer systems without previously notifying the local sewage treatment plant authority. For guidance, contact your State Water Board or Regional Office of the EPA." Precautionary Statements End Use Products for WPS ( agricultural) use ONLY Page 59 of 79 ( products labeled for non agricultural occupational uses must have separate registrations: see below for requirements)

Restricted Use Pesticide required for all products. " RESTRICTED USE PESTICIDE Due to Toxicity to Fish and Aquatic Organisms. For retail sale to and use only by certified applicators or persons under the direct supervision and only for those uses covered by the certified applicator's certification."

PPE Requirements Established by the RED1 For Wettable Powder ( only wettable powder formulations packaged in water soluble bags will be eligible for reregistration). " Personal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are ( registrant inserts correct chemical resistant material). If you want more options,

follow the instructions for category [ registrant inserts A, B, C, D, E, F, G, or H] on an EPA chemical resistance category selection chart."

" Mixers, loaders, applicators, and other handlers must wear:

> Long sleeve shirt and long pants,

> Shoes plus socks,

> Chemical resistant gloves for applicators using handheld equipment."

" Human flagging is prohibited."

See engineering controls for additional requirements. Immediately following/ below Precautionary Statements: Hazards to Humans and Domestic Animals PPE Requirements Established by the RED1 For Emulsifiable Concentrate " Personal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are ( registrant inserts correct chemical resistant material). If you want more options,

follow the instructions for category @ [ registrant inserts A, B, C, D, E, F, G, or H] on an EPA chemical resistance category selection chart."

" Mixers, loaders, applicators, and other handlers must wear:

> Long sleeve shirt and long pants,

> Shoes plus socks,

> Chemical resistant gloves for applicators using handheld equipment."

" Human flagging is prohibited." Immediately following/ below Precautionary Statements: Hazards to Humans and Domestic Animals Page 60 of 79 User Safety Requirements " Follow manufacturer's instructions for cleaning/ maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry.

Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this product's concentrate. Do not reuse them." Immediately following the PPE requirements Engineering controls for Wettable Powder Formulations " Engineering controls Water soluble packets when used correctly qualify as a closed mixing/ loading system under the Worker Protection Standard for Agricultural Pesticides [ 40 CFR 170.240( d)( 4)]. Mixers and loaders using water soluble packets must :

 wear the personal protective equipment required in the PPE section of this labeling for mixers and loaders, and  be provided and must have immediately available for use in an emergency, such as a broken package, spill, or equipment breakdown a NIOSH approved respirator with:

 a dust/ mist filter with MSHA/ NIOSH approval number prefix TC 21C or  any N, R, P, or HE filter."

Instruction to Registrant: Drop the " N" type prefilter from the respirator statement, if the pesticide product contains, or is used with, oil.

" Pilots must use an enclosed cockpit that meets the requirements listed in the Worker Protection Standard ( WPS) for agricultural pesticides [ 40 CFR 170.240( d)( 6)]."

" Human flagging is prohibited. Flagging to support aerial application is limited to use of the Global Positioning System ( GPS) or mechanical flaggers." Immediately following the User Safety Requirements Engineering controls for Liquids " Pilots must use an enclosed cockpit that meet the requirements listed in the Worker Protection Standard ( WPS) for agricultural pesticides [ 40 CFR 170.240( d)( 6)]. Immediately following the User Safety Requirements Page 61 of 79 " Human flagging is prohibited. Flagging to support aerial application is limited to use of the Global Positioning System ( GPS) or mechanical flaggers."

User Safety Recommendations " User Safety Recommendations Users should wash hands with plenty of soap and water before eating,

drinking, chewing gum, using tobacco, or using the toilet.

Users should remove clothing/ PPE immediately if pesticide gets inside.

Then wash thoroughly and put on clean clothing.

Users should remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing." Immediately following Engineering Controls ( Must be placed in a box.)

Environmental Hazards " This product is extremely toxic to fish and aquatic invertebrates. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean water mark. Do not apply when weather conditions favor drift from treated areas. Drift and runoff from treated areas may be hazardous to aquatic organisms in neighboring areas. Do not contaminate water when disposing of equipment wash waters."

" This pesticide is highly toxic to bees exposed to direct treatment or residues on blooming crops or weeds. Do not apply this product or allow it to drift to blooming crops if bees are visiting the treatment area." Precautionary Statements immediately following the User Safety Recommendations Restricted Entry Interval for products with directions for use within scope of the Worker Protection Standard for Agricultural Pesticides ( WPS) " Do not enter or allow worker entry into treated areas during the restricted entry interval ( REI) of 12 hours." Directions for Use, In Agricultural Use Requirements Box Early Entry Personal Protective Equipment For minimum early entry PPE use the following:

" PPE required for early entry to treated areas that is permitted under the Direction for Use, In Agricultural Use Requirements box, immediately following the Page 62 of 79 for products with directions for use within the scope of the WPS Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water, is:

* coveralls,

* shoes plus socks * chemical resistant gloves made of any waterproof material" REI General Application Restrictions " Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application." Place in the Direction for Use directly above the Agricultural Use Box.

Other Application Restrictions ( Risk Mitigation) " Construct and maintain a 10 foot wide vegetative filter strip of grass or other permanent vegetation between the field edge and any water body or aquatic habitat ( such as lakes, reservoirs, rivers, streams, marshes, natural ponds, estuaries, and commercial fish ponds). Refer to the following publication for information on constructing and maintaining effective vegetative buffers: USDA, NRCS. 2000. Conservation buffers to Reduce Pesticide Losses. Natural Resources Conservation Service. Fort Worth,

Texas. 21 pp."

" Use on sod farms, agricultural uncultivated areas, fencerows,

hedgerows, and rights of way is prohibited." These use sites must be removed from all product labels. Special Local Need registrations with these uses must be cancelled.

Products must be amended to reflect the following maximum application rates ( ai/ A), minimum retreatment intervals and maximum annual application rates Cotton: Maximum application rate of 0.1 lb ai/ A Minimum retreatment interval of 5 days Maximum seasonal application rate of 0.4 lbs ai/ A " Do not make more than 10 synthetic pyrethroid applications ( of one product or combinations of products) to cotton in one growing season." Directions for Use Page 63 of 79 Pecans: Maximum application rate of 0.1 lb ai/ A Minimum retreatment interval of 7 days Maximum seasonal application rate of 0.5 lbs ai/ A Head lettuce:

Maximum application rate of 0.1 lb ai/ A Minimum retreatment interval of 7 days Maximum seasonal application rate of 0.6 lbs ai/ A All other crops:

Maximum application rate of 0.1 lb ai/ A Minimum retreatement interval of 7 days Maximum seasonal application rate of 0.4 lbs ai/ A Spray Drift " Spray drift requirements ( 1) For groundboom and aerial applications, use only Medium or coarser spray nozzles according to ASABE ( S572) definition for standard nozzles. Aerial applicators must consider flight speed and nozzle orientation in determining droplet size.

( 2) For cotton: make aerial or ground applications when the wind velocity is 3 to 15 mph. Do not apply when the wind speed is greater than 15 mph.

For all non aerial applications, wind speed must be measured adjacent to the application site on the upwind side, immediately prior to application.

( 3) For all crops other than cotton: make aerial or ground applications when the wind velocity is 3 to 10 mph. Do not apply when the wind speed is greater than 10 mph. For all non aerial applications, wind speed must be measured adjacent to the application site on the upwind side,

immediately prior to application. Directions for Use Page 64 of 79 ( 4) Do not make aerial or ground applications into temperature inversions.

( 5) For ground boom applications, apply with nozzle height no more than 4 feet above the ground or crop canopy.

( 6) For airblast applications, turn off outward pointing nozzles at row ends and when spraying the outer two rows. To minimize spray loss over the top in orchard applications, spray must be directed into the canopy.

( 7) For ground boom, chemigation, or airblast applications, do not apply within 25 feet of water bodies or aquatic habitat ( such as lakes,

reservoirs, rivers, streams, marshes, ponds, estuaries, and commercial fish ponds).

( 8) For aerial application, do not apply within 150 feet of water bodies or aquatic habitat ( such as lakes, reservoirs, rivers, streams, marshes, ponds,

estuaries, and commercial fish ponds). Increase the no spray buffer zone to 450 feet when making an ultra low volume ( ULV) application.

( 9) For aerial applications, do not release spray at a height greater than 10 feet above the ground or crop canopy when spraying within 1000 feet of water bodies or aquatic habitat.

( 10) For aerial applications, the outermost nozzles must not exceed 60%

of the wingspan or 80% of the rotor blade diameter.

( 11) When aerial applications are made with a cross wind, the swath will be displaced downwind. The applicator must compensate for this displacement at the downwind edge of the application area by adjusting the path of the aircraft upwind."

End Use Products Primarily Intended for Occupational Use ( Non Agricultural) Page 65 of 79 PPE Requirements Established by the RED1 For Wettable Powder Products ( only wettable powder formulations packaged in water soluble bags will be eligible for reregistration). " Personal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are ( registrant inserts correct chemical resistant material). If you want more options,

follow the instructions for category [ registrant inserts A, B, C, D, E, F, G, or H] on an EPA chemical resistance category selection chart."

" Mixers, loaders, applicators, and other handlers must wear:

> Long sleeve shirt and long pants,

> Shoes plus socks,

> Chemical resistant gloves." Immediately following/ below Precautionary Statements: Hazards to Humans and Domestic Animals PPE Requirements Established by the RED1 For Emulsifiable Concentrate, Dry Flowable and Granular Products " Personal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are ( registrant inserts correct chemical resistant material). If you want more options,

follow the instructions for category [ registrant inserts A, B, C, D, E, F, G, or H] on an EPA chemical resistance category selection chart."

" Mixers, loaders, applicators, and other handlers must wear:

> Long sleeve shirt and long pants,

> Shoes plus socks,

> Chemical resistant gloves." Immediately following/ below Precautionary Statements: Hazards to Humans and Domestic Animals PPE Requirements Established by the RED1 For Ready To Use Products ( total release foggers, aerosols,

pump sprays, wipes,

ear tags) " Personal Protective Equipment ( PPE)

Some materials that are chemical resistant to this product are ( registrant inserts correct chemical resistant material). A If you want more options,

follow the instructions for category [ registrant inserts A, B, C, D, E, F, G, or H] on an EPA chemical resistance category selection chart."

" Mixers, loaders, applicators, and other handlers must wear:

> Long sleeve shirt and long pants,

> Shoes plus socks." Immediately following/ below Precautionary Statements: Hazards to Humans and Domestic Animals User Safety " Follow manufacturer's instructions for cleaning/ maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep Immediately following the PPE requirements Page 66 of 79 Requirements and wash PPE separately from other laundry.

Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this product's concentrate. Do not reuse them."

Environmental Hazard Statements For products that have outdoor uses:

" This product is extremely toxic to fish. Do not apply directly to or near water. Drift and run off may be hazardous to fish in water adjacent to treated areas. Do not contaminate water when disposing of equipment,

washwater, or rinsate. See Directions for Use for additional precautions and requirements."

[ CHECK THIS   ADD: " AND OTHER AQUATIC ORGANISMS"?]

Entry Restrictions for Products Applied as a Spray " Do not allow children or pets to contact treated surfaces until sprays have dried." Directions for Use Under General Precautions and Restrictions.

Entry Restrictions for Total Release Fogger Products [ INSERT VENTILATION REQUIREMENTS HERE?]

Hazards to Humans and Domestic Animals [ THERE ARE A NUMBER OF STATEMENTS ALREADY ON LABELS ( SEE P. 2 OF 11715 355, FOR EXAMPLE.]

" Prolonged or frequently repeated skin contact may cause allergic reactions in some individuals. Remove contaminated clothing and wash before reuse. Wash thoroughly with soap and water after handling."

General Application Restrictions " Do not apply this product in a way that will contact people or pets,

either directly or through drift." Directions for Use Under General Precautions and Restrictions.

Application Restrictions For nuisance pest control products ( other than termiticides)

Products ( all formulations) must be amended to reflect the following maximum application rate ( ai/ A): Directions for Use Under General Precautions and Restrictions. Page 67 of 79 Residential, commercial, and industrial lawns: Maximum application rate of 0.44 lbs ai/ A ( 0.0101 lbs ai/ 1000 ft2).

" Limit all outdoor applications to spot and crack and crevice applications, only, except for the following barrier, perimeter, band or broadcast spray applications, which are permitted:

  Barrier, perimeter or band applications to soil or vegetation around structures;

  Broadcast applications to vegetated residential or commercial landscapes, including lawns and turf;

  Band applications to building foundations, up to a maximum height of 3 feet.

Other than number ( 3), above, all outdoor applications to impervious surfaces such as sidewalks, driveways, patios, porches and structural surfaces ( such as windows, doors, and eaves) are limited to spot and crack and crevice applications, only."

Application to swimming pool water systems, or to swimming pools in general, is not a labeled use of cypermethrin. Cypermethrin may be applied as a broadcast treatment to lawns and other vegetated areas around swimming pools, or as a spot or crack and crevice treatment to impermeable surfaces ( such as tiled walkways) around pools.

" Do not apply directly into drains, or to any area where drainage to storm sewers, water bodies, or aquatic habitat can occur. When making an application around or near a floor drain, limit the application to a spot treatment and do not allow the product to enter the drain during or after the application." The use site " Application around or near floor drains"

must be listed separately from other indoor use sites on the label, with these restrictions.

" For outdoor uses, do not apply within 10 feet of storm drains. Do not apply within 25 feet of rivers, fish ponds, lakes, streams, reservoirs,

marshes, estuaries, bays, and oceans."

" Broadcast applications to exterior surfaces of boats are prohibited. Page 68 of 79 Applications to exterior surfaces of boats are limited to spot treatments,

only. Use inside boats, ships, and other vessels is permitted. Do not allow product to drain or wash off into water bodies or aquatic habitat." The use site " Application in and on boats" must be listed separately from other use sites on the label, with these restrictions.

" Do not apply when windy ( sustained wind speeds or gusts above 10 mph)."

" After application, do not over water the treated area to the point of runoff. Do not apply when raining or when rain is expected within 8 hours of application."

" Rinse application equipment over lawn or garden area only. Do not allow rinse water to flow into drains ( including storm drains), street gutters, sewers, drainage ditches, water bodies, or aquatic habitat."

" Do not allow applications to contact water inhabited by fish, such as aquariums and ornamental fish ponds that are located in/ near structures being treated. Cover any water inhabited by fish during treatment, and turn aquarium systems off."

STATEMENTS CURRENTLY ON SOME PRODUCT LABELS ( SHOULD BE MAINTAINED AND ADDED TO ALL APPROPRIATE PRODUCTS):

" Do not use water based sprays in conduits, motor housings, junction boxes, switch boxes, or other electrical equipment because of possible shock hazard."

" Do not apply to pets." [ NOTE: DO WE NEED AN ADDITIONAL WARNING ABOUT HIGH TOXICITY TO CATS?]

" Do not use as a space spray."

" Use only in well ventilated areas." Page 69 of 79 " During any indoor surface application, do not allow dripping or runoff to occur. During any application to ceilings of a structure, cover surface below with plastic shielding or similar material."

" Do not apply this product in any room being used as a living, eating, or recovery area by patients, the elderly, or infirm when they are in the room."

" Do not apply to classrooms when in use."

" Do not apply to areas of institutions ( including libraries, sport facilities,

etc.) when occupants are present in the immediate treatment area."

" Not labeled for use in food areas. Do not use in food areas of food handling establishments, restaurants, or other areas where food is commercially prepared or processed. Do not use in serving areas while food is exposed or facility is in operation. Serving areas are areas where prepared foods are served, such as dining rooms, but excluding areas where foods may be prepared or held. In the home, all food processing surfaces and utensils should be covered during treatment or thoroughly washed before use. Exposed food should be covered or removed."

" Do not use in warehouses where raw or cured tobacco is stored."

" Do not use in warehouses while raw agricultural commodities for food or feed are being stored."

" Do not use in greenhouses where crops for food or feed are grown."

" Do not apply to aircraft cabins."

" Do not use concentrate or emulsion in fogging equipment."

For subterranean termite control Page 70 of 79 Maintain, modify, or add the following statements to product labels:

[ SHOULD WE ADD ANY OTHER STATEMENTS FROM THE SYNGENTA LABEL, BELOW?]:

" Use anti backflow equipment or procedures to prevent siphonage of pesticide back into water supplies."

" Do not treat soil beneath structures that contain wells or cisterns."

" Care should be taken that the treatment solution is not introduced into the gravel and/ or pipe drainage system which may be located on the exterior of the foundation in close proximity to the footing of the structure."

" Care must be taken to avoid runoff. Do not treat soil that is watersaturated or frozen. Do not treat when raining or when rain is expected within 8 hours."

" Consult state and local specifications for recommended distance of treatment areas from wells. Refer to Federal Housing Administration Specifications for guidance on preconstruction treatments."

For pre construction subterranean termite control " If concrete slabs cannot be poured over the treated soil on the day of application, the treated soil must be covered with a waterproof covering ( such as polyethylene sheeting)."

" Do not treat soil that is water saturated or frozen. Do not treat when raining or when rain is expected within 8 hours. All treated areas must covered ( with a waterproof covering) before it starts to rain. Storm water runoff must be diverted around the treatment area to prevent water from contacting or collecting in the treatment area."

" Do not apply within 10 feet of storm drains. Do not apply within 25 feet of rivers, fish ponds, lakes, streams, reservoirs, marshes, estuaries, bays, Page 71 of 79 or oceans."

" Do not make on grade applications when sustained wind speeds or gusts are above 10 mph."

" Whenever possible, make termite control applications near the structure foundation using soil injection."

For all termiticide products " All leaks resulting in the deposition of termiticide in locations other than those prescribed on this label must be cleaned up prior to leaving the application site. Do not allow people or pets to contact contaminated areas or to reoccupy the contaminated area of the structure until the clean up is completed." [ THIS STATEMENT IS ON A CURRENT SYNGENTA PRODUCT]

[ Other statements on current Syngenta termiticide label:

" Structures with adjacent well/ cisterns and/ or other water bodies."

" Applicators must inspect all structures with nearby water sources such as wells, cisterns, surface ponds, streams, and other bodies of water and evaluate, at a minimum, the treatment recommendations listed below prior to making an application.

1. Prior to treatment, if feasible, expose the water pipe( s)

coming from the well to the structure, if the pipe( s) enter the structure within 3 ft. of the grade.

2. Prior to treatment, applicators are advised to take precautions to limit the risk of applying the termiticide into subsurface drains that could empty into any bodies of water. These precautions include evaluating whether application of the termiticide to the top of the footer may result in contamination of the subsurface drain. Factors such as depth to the drain system and soil type and degree of compaction should be taken into account in determining the depth of treatment. Page 72 of 79 3. When appropriate ( i. e., on the water side of the structure), the treated backfill technique ( described above) can also be used to minimize off site movement of the termiticide."]

End Use Products Primarily Intended for Residential Use Environmental Hazard Statements For products that have outdoor uses:

" This product is extremely toxic to fish. Do not apply directly to or near water. Drift and run off may be hazardous to fish in water adjacent to treated areas. Do not contaminate water when disposing of equipment,

washwater, or rinsate. See Directions for Use for additional precautions and requirements."

[ CHECK THIS   ADD: " AND OTHER AQUATIC ORGANISMS"?]

Entry Restrictions for products applied as a spray " Do not allow children or pets to contact treated surfaces until sprays have dried." Directions for use under General Precautions and Restrictions Entry Restrictions for Total Release Fogger Products [ INSERT VENTILATION REQUIREMENTS HERE?]

Hazards to Humans and Domestic Animals [ THERE ARE A NUMBER OF STATEMENTS ALREADY ON LABELS ( SEE P. 2 OF 11715 355, FOR EXAMPLE.]

" Prolonged or frequently repeated skin contact may cause allergic reactions in some individuals. Remove contaminated clothing and wash before reuse. Wash thoroughly with soap and water after handling."

General Application Restrictions " Do not apply this product in a way that will contact any person, pet,

either directly or through drift. Keep people and pets out of the area during application." Directions for Use under General Precautions and Restrictions Page 73 of 79 Additional Application Restrictions [ ARE ANY OF THESE STATEMENTS NOT APPROPRIATE FOR A HOMEOWNER LABEL?]

Products ( all formulations) must be amended to reflect the following maximum application rate ( ai/ A):

Residential lawns: Maximum application rate of 0.44 lbs ai/ A ( 0.0101 lbs ai/ 1000 ft2).

" Limit all outdoor applications to spot and crack and crevice applications, only, except for the following barrier, perimeter, band or broadcast spray applications, which are permitted:

  Barrier, perimeter or band applications to soil or vegetation around structures;

  Broadcast applications to vegetated residential or commercial landscapes, including lawns and turf;

  Band applications to building foundations, up to a maximum height of 3 feet.

Other than number ( 3), above, all outdoor applications to impervious surfaces such as sidewalks, driveways, patios, porches and structural surfaces ( such as windows, doors, and eaves) are limited to spot and crack and crevice applications, only."

Application to swimming pool water systems, or to swimming pools in general, is not a labeled use of cypermethrin and must be removed from product labels. Cypermethrin may be applied as a broadcast treatment to lawns and other vegetated areas around swimming pools, or as a spot or crack and crevice treatment to impermeable surfaces ( such as tiled walkways) around pools.

" Do not apply directly into drains, or to any area where drainage to storm sewers, water bodies, or aquatic habitat can occur. When making an application around or near a floor drain, limit the application to a spot treatment and do not allow the product to enter the drain during or after the application." The use site " Application around or near floor drains" Directions for Use under General Precautions and Restrictions Page 74 of 79 must be listed separately from other indoor use sites on the label, with these restrictions.

" For outdoor uses, do not apply within 10 feet of storm drains. Do not apply within 25 feet of rivers, fish ponds, lakes, streams, reservoirs,

marshes, estuaries, bays, and oceans."

" Broadcast applications to exterior surfaces of boats are prohibited.

Applications to exterior surfaces of boats are limited to spot treatments,

only. Use inside boats, ships, and other vessels is permitted. Do not allow product to drain or wash off into water bodies or aquatic habitat." The use site " Application in and on boats" must be listed separately from other use sites on the label, with these restrictions.

" Do not apply when windy ( sustained wind speeds or gusts above 10 mph)."

" After application, do not over water the treated area to the point of runoff. Do not apply when raining or when rain is expected within 8 hours of application."

" Rinse application equipment over lawn or garden area only. Do not allow rinse water to flow into drains ( including storm drains), street gutters, sewers, drainage ditches, water bodies, or aquatic habitat."

" Do not allow applications to contact water inhabited by fish, such as aquariums and ornamental fish ponds that are located in/ near structures being treated. Cover any water inhabited by fish during treatment, and turn aquarium systems off."

STATEMENTS CURRENTLY ON SOME PRODUCT LABELS ( SHOULD BE MAINTAINED AND ADDED TO ALL APPROPRIATE PRODUCTS):

" Do not use water based sprays in conduits, motor housings, junction boxes, switch boxes, or other electrical equipment because of possible shock hazard." Page 75 of 79 " Do not apply to pets." [ NOTE: DO WE NEED AN ADDITIONAL WARNING ABOUT HIGH TOXICITY TO CATS?]

" Do not use as a space spray."

" Use only in well ventilated areas."

" During any indoor surface application, do not allow dripping or runoff to occur. During any application to ceilings of a structure, cover surface below with plastic shielding or similar material."

" Do not apply this product in any room being used as a living, eating, or recovery area by patients, the elderly, or infirm when they are in the room."

" Do not apply to classrooms when in use."

" Do not apply to areas of institutions ( including libraries, sport facilities,

etc.) when occupants are present in the immediate treatment area."

" Not labeled for use in food areas. Do not use in food areas of food handling establishments, restaurants, or other areas where food is commercially prepared or processed. Do not use in serving areas while food is exposed or facility is in operation. Serving areas are areas where prepared foods are served, such as dining rooms, but excluding areas where foods may be prepared or held. In the home, all food processing surfaces and utensils should be covered during treatment or thoroughly washed before use. Exposed food should be covered or removed."

" Do not use in greenhouses where crops for food or feed are grown."

" Do not use concentrate or emulsion in fogging equipment." Page 76 of 79 1 PPE that is established on the basis of Acute Toxicity of the end use product must be compared to the active ingredient PPE in this document.

The more protective PPE must be placed in the product labeling. For guidance on which PPE is considered more protective, see PR Notice 93 7.

2 If the product contains oil or bears instructions that will allow application with an oil containing material, the A N @ designation must be dropped. Page 77 of 79 Appendix A. Uses of Cypermethrin Eligible for Reregistration Crop Typical Application Rate ( lbs ai/ acre) Maximum/ Rescue Application Rate( lbs ai/ acre) Maximum Total Pounds A. I. Applied Per Acre Per Year MaximumNum ber of Applications Minimum Retreatment Interval Application Method REI Pre Harvest Interval ( PHI)

Appendix B. Table of Generic Data Requirements and Studies Used to Make the Reregistration Decision To be added. Page 78 of 79 Appendix C. Technical Support Documents To be added Page 79 of 79 Appendix D. Citations Considered to be Part of the Data Base Supporting the Reregistration Eligibility Decision MRID Citation 00034562 00035127 00058170 00089415 Accession Number Citation 130888 Howard, D. J. and C. D. Johnston. 1971. CYTOX 2160  Safety Evaluation by Single Oral Administration to Bobwhite Quail. Unpublished Study Conducted by Woodard Research Corporation for American Cyanamid Co.

131455 Johnston, C. D. 1971. CYTOX 2160  Safety Evaluation by Single Oral Administration to Mallard Ducks. Unpublished Study Conducted by Woodard Research Corporation for American Cyanamid Co.

132149 Sleight, Bevier Hasbrouck. 1971. The Acute Toxicity of CYTOX 2160 ( ST 45093) to Bluegill ( Lepomis macrochirus) and Rainbow Trout ( Onchirynchus mykiss formerly Salmo gairdneri). Unpublished Study Conducted by Bionomics,

Inc. for American Cyanamid Co.

226855 Fink, R. 1976. Eight Day Dietary LC50  Bobwhite quail  CYTOX 2160.

Unpublished Study Conducted by Wildlife International for Union Carbide Corp.

Submitted by American Cyanamid Company.


[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60417-60418]
[FR Doc No: 2018-25638]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2689-040]

Notice of Application Accepted for Filing, Soliciting Comments,
Protests and Motions To Intervene; N.E.W. Hydro, LLC

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Extension of License Term.
    b. Project No.: P-2689-040.
    c. Date Filed: November 2, 2018.
    d. Licensee: N.E.W. Hydro, LLC.
    e. Name and Location of Project: Oconto Falls (Lower) Hydroelectric
Project, located on the Oconto River, in the City of Oconto Falls,
Oconto County, Wisconsin.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Licensee Contact Information: Mr. Michael Scarzello, Regulatory
Director, Eagle Creek Renewable Energy, LLC, 116 N State Street, P.O.
Box 167, Neshkoro, Wisconsin 54960,<PHONE_NUMBER>,
[email protected].
    h. FERC Contact: Mr. Ashish Desai,<PHONE_NUMBER>,
[email protected].
    i. Deadline for filing comments, motions to intervene and protests,
is 30 days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests, comments, and recommendations, using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2689-040.
    j. Description of Proceeding: N.E.W. Hydro, LLC, licensee for the
Oconto Falls (Lower) Project No. 2689, filed a request with the
Commission to extend the term of the project license, from April 30,
2024 to October 31, 2027, which would align its modified expiration
date with that of the licensee's Oconto Falls (Upper) Project No. 2523,
located approximately 2,000 feet upstream. The licensee requests the
license term extension to coordinate and streamline relicensing
efforts, including developing and implementing study plans and
consultation with resource agencies for both projects.
    k. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE,
Washington, DC 20426. The filing may also be viewed on the Commission's
website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-2689-040) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676 or email
[email protected]. For TTY, call<PHONE_NUMBER>.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments

filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to the request to extend the license term. Agencies may obtain copies
of the application directly from the applicant. A copy of any protest
or motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervener
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: November 19, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-25638 Filed 11-23-18; 8:45 am]
 BILLING CODE 6717-01-P