81_FR_35873 81 FR 35766 - Pesticides; Draft Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling

81 FR 35766 - Pesticides; Draft Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35766-35767
FR Document2016-13155

The Agency is announcing the availability of and seeking public comment on a draft Pesticide Registration Notice (PR Notice) entitled ``Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling.'' PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This draft PR Notice provides guidance for registrants to follow when developing resistance management information to include on their pesticide labels. This draft PR Notice would update the guidance in PR Notice 2001-5.

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Notices]
[Pages 35766-35767]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13155]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0242; FRL-9946-52]


Pesticides; Draft Guidance for Pesticide Registrants on Pesticide 
Resistance Management Labeling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Agency is announcing the availability of and seeking 
public comment on a draft Pesticide Registration Notice (PR Notice) 
entitled ``Guidance for Pesticide Registrants on Pesticide Resistance 
Management Labeling.'' PR Notices are issued by the Office of Pesticide 
Programs (OPP) to inform pesticide registrants and other interested 
persons about important policies, procedures, and registration related 
decisions, and serve to provide guidance to pesticide registrants and 
OPP personnel. This draft PR Notice provides guidance for registrants 
to follow when developing resistance management information to include 
on their pesticide labels. This draft PR Notice would update the 
guidance in PR Notice 2001-5.

DATES: Comments must be received on or before August 2, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0242, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Nikhil Mallampalli, Biological and 
Economic Analysis Division (7503P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 308-1924; email 
address: [email protected]. SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this 
action may be of particular interest to those persons who are required 
to submit data under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) or are required to register pesticides. Since 
other entities may also be interested, the Agency has not attempted to 
describe all the specific entities that may be affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

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

    A copy of the draft PR Notice ``Guidance for Pesticide Registrants 
on Pesticide Resistance Management Labeling'' and any related or 
supporting information are available in the docket

[[Page 35767]]

under docket identification (ID) number EPA-HQ-OPP-2016-0242.

II. Overview of the Agency's Effort To Address Pesticide Resistance

    Pesticides can be used to control a variety of pests, such as 
insects, weeds, rodents, bacteria, fungi, etc. Over time many 
pesticides have gradually lost their effectiveness because pests have 
developed resistance--a significant decrease in sensitivity to a 
pesticide, which reduces the field performance of these pesticides. The 
Agency is concerned about resistance issues and believes that managing 
the development of pesticide resistance, in conjunction with 
alternative pest-management strategies and Integrated Pest Management 
programs, is an important part of sustainable pest management. To 
address the growing issue of resistance and preserve the useful life of 
pesticides, the Agency is beginning to embark on a more widespread 
effort and several activities that are aimed at combating and slowing 
the development of pesticide resistance.
    One such activity, which is the subject of this FR Notice, is 
today's release and request for comment on draft PR Notice 2016-X, 
``Guidance for Pesticide Registrants on Pesticide Resistance Management 
Labeling.'' Draft PR Notice 2016-X updates PR Notice 2001 and applies 
to all conventional, agricultural pesticides (i.e., herbicides, 
fungicides, bactericides, insecticides, and acaricides). This draft PR 
Notice focuses on pesticide labels and is aimed at improving 
information about how pesticide users can minimize and manage pest 
resistance.
    Another such activity, involves the release of draft PR Notice 
2016-XX, ``Guidance for Herbicide Resistance Management Labeling, 
Education, Training, and Stewardship.'' Draft PR Notice 2016-XX applies 
to herbicides, and communicates the Agency's current thinking and 
approach to address herbicide-resistant weeds by providing guidance on 
labeling, education, training, and stewardship for herbicides 
undergoing registration review or registration (i.e., new herbicide 
actives, new uses proposed for use on herbicide-resistant crops, or 
other case-specific registration actions). Draft PR Notice 2016-XX will 
also be published in today's Federal Register. In the future, the 
Agency plans to evaluate other types of pesticides (e.g. fungicides, 
bactericides, insecticides, and acaricides) to determine whether and 
what guidance may be appropriate for these types pesticides. If the 
Agency releases future guidance on these other types of pesticides, we 
plan to seek input from the public.

III. What guidance does this PR Notice provide?

    Draft PR Notice 2016-X, which revises and updates PR Notice 2001-5, 
applies to all conventional, agricultural pesticides (i.e., herbicides, 
fungicides, bactericides, insecticides and acaricides). The updates in 
draft PR Notice 2016-X focus on pesticides labels and are aimed at 
improving information about how pesticide users can minimize and manage 
pest resistance. The draft PR Notice 2016-X updates PR Notice 2001-5 
with the following three categories of changes:
     Provides additional guidance, and recommended format, for 
resistance management statements or information to place on labels.
     Includes references to external technical resources for 
guidance on resistance management (e.g., professional scientific 
societies, resistance action committees for different types of 
pesticides).
     Updates the instructions on how to submit changes to 
existing labels in order to enhance resistance management language.
    This draft PR Notice also references draft revisions to Chapter 
11.VI.G of EPA's Label Review Manual (LRM), which illustrates the 
generic format for resistance management labeling along with examples 
of various labeling scenarios that registrants may encounter. The 
Agency requests comments on the updates to this draft PR Notice and 
this chapter of the LRM.

IV. Do PR Notices contain binding requirements?

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

    Authority:  7 U.S.C. 136 et seq.

    Dated: May 23, 2016.
Jack E. Housenger,
Director, Office of Pesticide Programs.
[FR Doc. 2016-13155 Filed 6-2-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  35766                            Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Notices

                                                     Form Numbers: Production Operator                    section 114 letters to all respondents                 www.epa.gov/dockets/contacts.html.
                                                  Survey (Part 1); Detailed Facility Survey               selected for Part 1 and Part 2 surveys                 Additional instructions on commenting
                                                  (Part 2).                                               with electronic return receipt.                        or visiting the docket, along with more
                                                     Respondents/affected entities:                         Changes in Estimates: This is a new                  information about dockets generally, is
                                                  Respondents affected by this action are                 ICR, so this section does not apply.                   available at http://www.epa.gov/
                                                  owners/operators of oil and natural gas                   Dated: May 12, 2016.                                 dockets.
                                                  facilities. Part 1 of this ICR is
                                                                                                          Peter Tsirigotis,                                      FOR FURTHER INFORMATION CONTACT:
                                                  specifically requesting information for
                                                  facilities in the onshore petroleum and                 Director, Sector Policies and Programs                 Nikhil Mallampalli, Biological and
                                                                                                          Division, Office of Air Quality Planning and           Economic Analysis Division (7503P),
                                                  natural gas production industry                         Standards.
                                                  segment. Part 2 of this ICR is                                                                                 Office of Pesticide Programs,
                                                                                                          [FR Doc. 2016–11967 Filed 6–2–16; 8:45 am]             Environmental Protection Agency, 1200
                                                  specifically requesting information for
                                                  facilities in the following industry                    BILLING CODE 6560–50–P                                 Pennsylvania Ave. NW., Washington,
                                                  segments: Onshore petroleum and                                                                                DC 20460–0001; telephone number:
                                                  natural gas production, onshore                                                                                (703) 308–1924; email address:
                                                                                                          ENVIRONMENTAL PROTECTION                               mallampalli.nikhil@epa.gov.
                                                  petroleum and natural gas gathering and
                                                                                                          AGENCY                                                 SUPPLEMENTARY INFORMATION:
                                                  boosting, onshore natural gas
                                                  processing, onshore natural gas                         [EPA–HQ–OPP–2016–0242; FRL–9946–52]                    I. General Information
                                                  transmission compression, onshore
                                                  natural gas transmission pipelines,                     Pesticides; Draft Guidance for                         A. Does this action apply to me?
                                                  underground natural gas storage, LNG                    Pesticide Registrants on Pesticide
                                                                                                                                                                   This action is directed to the public
                                                  storage and LNG import and export                       Resistance Management Labeling
                                                                                                                                                                 in general. Although this action may be
                                                  equipment. The ICR is not requesting                    AGENCY: Environmental Protection                       of particular interest to those persons
                                                  information for the offshore petroleum                  Agency (EPA).                                          who are required to submit data under
                                                  and natural gas production industry                                                                            the Federal Insecticide, Fungicide, and
                                                                                                          ACTION: Notice of availability.
                                                  segment or from the natural gas (local)                                                                        Rodenticide Act (FIFRA) or are required
                                                  distribution industry segment.                          SUMMARY:   The Agency is announcing                    to register pesticides. Since other
                                                     Respondent’s obligation to respond:                  the availability of and seeking public                 entities may also be interested, the
                                                  The information collection in Parts 1                   comment on a draft Pesticide                           Agency has not attempted to describe all
                                                  and 2 is being conducted by the EPA’s                   Registration Notice (PR Notice) entitled               the specific entities that may be affected
                                                  Office of Air and Radiation pursuant to                 ‘‘Guidance for Pesticide Registrants on                by this action.
                                                  section 114 of the CAA, to assist the                   Pesticide Resistance Management
                                                  Administrator of the EPA in developing                  Labeling.’’ PR Notices are issued by the               B. What should I consider as I prepare
                                                  emissions standards for oil and natural                 Office of Pesticide Programs (OPP) to                  my comments for EPA?
                                                  gas facilities pursuant to the CAA.                     inform pesticide registrants and other
                                                     Estimated number of respondents:                                                                               1. Submitting CBI. Do not submit this
                                                                                                          interested persons about important                     information to EPA through
                                                  The estimated number of respondents
                                                                                                          policies, procedures, and registration                 regulations.gov or email. Clearly mark
                                                  for Part 1 is 22,500 operators
                                                                                                          related decisions, and serve to provide                the part or all of the information that
                                                  representing approximately 698,800
                                                                                                          guidance to pesticide registrants and                  you claim to be CBI. For CBI
                                                  facilities (total). The estimated number
                                                                                                          OPP personnel. This draft PR Notice                    information in a disk or CD–ROM that
                                                  of respondents for Part 2 is 3,385.
                                                     Frequency of response: This is a one-                provides guidance for registrants to                   you mail to EPA, mark the outside of the
                                                  time survey.                                            follow when developing resistance                      disk or CD–ROM as CBI and then
                                                     Total estimated burden: The                          management information to include on                   identify electronically within the disk or
                                                  estimated industry burden is 116,438                    their pesticide labels. This draft PR                  CD–ROM the specific information that
                                                  hours for Part 1 and 111,485 hours for                  Notice would update the guidance in PR                 is claimed as CBI. In addition to one
                                                  Part 2. Therefore, the cumulative                       Notice 2001–5.                                         complete version of the comment that
                                                  industry burden for all parts of this ICR               DATES: Comments must be received on                    includes information claimed as CBI, a
                                                  is estimated to be 227,923 hours. The                   or before August 2, 2016.                              copy of the comment that does not
                                                  estimated cumulative Agency burden to                   ADDRESSES: Submit your comments,                       contain the information claimed as CBI
                                                  administer this ICR (all parts) is 17,947               identified by docket identification (ID)               must be submitted for inclusion in the
                                                  hours. Burden is defined at 5 CFR                       number EPA–HQ–OPP–2016–0242, by                        public docket. Information so marked
                                                  1320.03(b).                                             one of the following methods:                          will not be disclosed except in
                                                     Total estimated cost: The estimated                     • Federal eRulemaking Portal: http://               accordance with procedures set forth in
                                                  costs for the oil and natural gas industry              www.regulations.gov. Follow the online                 40 CFR part 2.
                                                  is $16,476,182 for Part 1 and                           instructions for submitting comments.                     2. Tips for preparing your comments.
                                                  $23,673,312 for Part 2. The resulting                   Do not submit electronically any                       When preparing and submitting your
                                                  total industry costs for all parts of this              information you consider to be                         comments, see the commenting tips at
                                                  ICR is estimated to be $40,149,494,                     Confidential Business Information (CBI)                http://www.epa.gov/dockets/
                                                  which includes $11,302,500 in                           or other information whose disclosure is               comments.html.
                                                  operating and maintenance (O&M) costs                   restricted by statute.                                 C. How can I get copies of this
                                                  to cover mailing hard copies of Part 1                     • Mail: OPP Docket, Environmental
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                                                                                                                                                                 document and other related
                                                  responses and contracting services for                  Protection Agency Docket Center (EPA/                  information?
                                                  storage vessel feed material flashing                   DC), (28221T), 1200 Pennsylvania Ave.
                                                  analyses as part of Part 2 responses. The               NW., Washington, DC 20460–0001.                           A copy of the draft PR Notice
                                                  estimated cumulative Agency costs to                       • Hand Delivery: To make special                    ‘‘Guidance for Pesticide Registrants on
                                                  administer this ICR (all parts) is                      arrangements for hand delivery or                      Pesticide Resistance Management
                                                  $960,793, which includes $144,618 in                    delivery of boxed information, please                  Labeling’’ and any related or supporting
                                                  O&M costs to send certified CAA                         follow the instructions at http://                     information are available in the docket


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                                                                                   Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Notices                                            35767

                                                  under docket identification (ID) number                 types of pesticides, we plan to seek                   ENVIRONMENTAL PROTECTION
                                                  EPA–HQ–OPP–2016–0242.                                   input from the public.                                 AGENCY
                                                  II. Overview of the Agency’s Effort To                  III. What guidance does this PR Notice                 [EPA–HQ–OPP–2016–0226; FRL–9946–53]
                                                  Address Pesticide Resistance                            provide?
                                                                                                                                                                 Pesticides; Draft Guidance for
                                                     Pesticides can be used to control a                    Draft PR Notice 2016–X, which                        Pesticide Registrants on Herbicide
                                                  variety of pests, such as insects, weeds,               revises and updates PR Notice 2001–5,                  Resistance Management Labeling,
                                                  rodents, bacteria, fungi, etc. Over time                applies to all conventional, agricultural              Education, Training, and Stewardship
                                                  many pesticides have gradually lost                     pesticides (i.e., herbicides, fungicides,
                                                  their effectiveness because pests have                  bactericides, insecticides and                         AGENCY: Environmental Protection
                                                  developed resistance—a significant                      acaricides). The updates in draft PR                   Agency (EPA).
                                                  decrease in sensitivity to a pesticide,                 Notice 2016–X focus on pesticides                      ACTION: Notice of availability.
                                                  which reduces the field performance of                  labels and are aimed at improving
                                                  these pesticides. The Agency is                         information about how pesticide users                  SUMMARY:   The Agency is announcing
                                                  concerned about resistance issues and                   can minimize and manage pest                           the availability of and seeking public
                                                  believes that managing the development                  resistance. The draft PR Notice 2016–X                 comment on a draft Pesticide
                                                  of pesticide resistance, in conjunction                 updates PR Notice 2001–5 with the                      Registration Notice (PR Notice) entitled
                                                  with alternative pest-management                        following three categories of changes:                 ‘‘Guidance for Herbicide Resistance
                                                  strategies and Integrated Pest                                                                                 Management Labeling, Education,
                                                                                                            • Provides additional guidance, and                  Training, and Stewardship.’’ PR Notices
                                                  Management programs, is an important                    recommended format, for resistance
                                                  part of sustainable pest management. To                                                                        are issued by the Office of Pesticide
                                                                                                          management statements or information                   Programs (OPP) to inform pesticide
                                                  address the growing issue of resistance                 to place on labels.
                                                  and preserve the useful life of                                                                                registrants and other interested persons
                                                  pesticides, the Agency is beginning to                    • Includes references to external                    about important policies, procedures,
                                                  embark on a more widespread effort and                  technical resources for guidance on                    and registration-related decisions, and
                                                  several activities that are aimed at                    resistance management (e.g.,                           serve to provide guidance to pesticide
                                                  combating and slowing the development                   professional scientific societies,                     registrants and OPP personnel. This
                                                  of pesticide resistance.                                resistance action committees for                       draft PR Notice (2016–XX)
                                                                                                          different types of pesticides).                        communicates the Agency’s approach to
                                                     One such activity, which is the
                                                  subject of this FR Notice, is today’s                     • Updates the instructions on how to                 addressing herbicide-resistant weeds by
                                                  release and request for comment on                      submit changes to existing labels in                   providing guidance on labeling,
                                                  draft PR Notice 2016–X, ‘‘Guidance for                  order to enhance resistance management                 education, training, and stewardship for
                                                  Pesticide Registrants on Pesticide                      language.                                              herbicides undergoing registration
                                                  Resistance Management Labeling.’’ Draft                   This draft PR Notice also references                 review or registration (i.e., new
                                                  PR Notice 2016–X updates PR Notice                      draft revisions to Chapter 11.VI.G of                  herbicide and actives, new uses
                                                  2001 and applies to all conventional,                   EPA’s Label Review Manual (LRM),                       proposed for use on herbicide-resistant
                                                  agricultural pesticides (i.e., herbicides,              which illustrates the generic format for               crops, or other case-specific registration
                                                  fungicides, bactericides, insecticides,                 resistance management labeling along                   actions.
                                                  and acaricides). This draft PR Notice                   with examples of various labeling                      DATES: Comments must be received on
                                                  focuses on pesticide labels and is aimed                scenarios that registrants may                         or before August 2, 2016.
                                                  at improving information about how                      encounter. The Agency requests                         ADDRESSES: Submit your comments,
                                                  pesticide users can minimize and                        comments on the updates to this draft                  identified by docket identification (ID)
                                                  manage pest resistance.                                 PR Notice and this chapter of the LRM.                 number EPA–HQ–OPP–2016–0226, by
                                                     Another such activity, involves the                  IV. Do PR Notices contain binding                      one of the following methods:
                                                  release of draft PR Notice 2016–XX,                                                                               • Federal eRulemaking Portal: http://
                                                                                                          requirements?
                                                  ‘‘Guidance for Herbicide Resistance                                                                            www.regulations.gov. Follow the online
                                                  Management Labeling, Education,                           The PR Notice discussed in this                      instructions for submitting comments.
                                                  Training, and Stewardship.’’ Draft PR                   notice is intended to provide guidance                 Do not submit electronically any
                                                  Notice 2016–XX applies to herbicides,                   to EPA personnel and decision-makers,                  information you consider to be
                                                  and communicates the Agency’s current                   as well as pesticide registrants. While                Confidential Business Information (CBI)
                                                  thinking and approach to address                        the requirements in the statute and                    or other information whose disclosure is
                                                  herbicide-resistant weeds by providing                  Agency regulations are binding on EPA                  restricted by statute.
                                                  guidance on labeling, education,                        and the applicants, this PR Notice is not                 • Mail: OPP Docket, Environmental
                                                  training, and stewardship for herbicides                binding on either EPA or pesticide                     Protection Agency Docket Center (EPA/
                                                  undergoing registration review or                       registrants, and EPA may depart from                   DC), (28221T), 1200 Pennsylvania Ave.
                                                  registration (i.e., new herbicide actives,              the guidance where circumstances                       NW., Washington, DC 20460–0001.
                                                  new uses proposed for use on herbicide-                 warrant and without prior notice.                         • Hand Delivery: To make special
                                                  resistant crops, or other case-specific                 Likewise, pesticide registrants may                    arrangements for hand delivery or
                                                  registration actions). Draft PR Notice                  assert that the guidance is not                        delivery of boxed information, please
                                                  2016–XX will also be published in                       appropriate generally or not applicable                follow the instructions at http://
                                                  today’s Federal Register. In the future,                to a specific pesticide or situation.                  www.epa.gov/dockets/contacts.html.
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                                                  the Agency plans to evaluate other types                                                                          Additional instructions on
                                                                                                            Authority: 7 U.S.C. 136 et seq.
                                                  of pesticides (e.g. fungicides,                                                                                commenting or visiting the docket,
                                                  bactericides, insecticides, and                           Dated: May 23, 2016.                                 along with more information about
                                                  acaricides) to determine whether and                    Jack E. Housenger,                                     dockets generally, is available at http://
                                                  what guidance may be appropriate for                    Director, Office of Pesticide Programs.                www.epa.gov/dockets.
                                                  these types pesticides. If the Agency                   [FR Doc. 2016–13155 Filed 6–2–16; 8:45 am]             FOR FURTHER INFORMATION CONTACT: Bill
                                                  releases future guidance on these other                 BILLING CODE 6560–50–P                                 Chism, Biological and Economic


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Document Created: 2018-02-08 07:30:06
Document Modified: 2018-02-08 07:30:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesComments must be received on or before August 2, 2016.
ContactNikhil Mallampalli, Biological and Economic Analysis Division (7503P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-1924; email
FR Citation81 FR 35766 

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