81 FR 35767 - Pesticides; Draft Guidance for Pesticide Registrants on Herbicide Resistance Management Labeling, Education, Training, and Stewardship
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 107 (June 3, 2016)
Federal Register Volume 81, Issue 107 (June 3, 2016)
| Page Range | 35767-35769 | |
| FR Document | 2016-13157 |
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)] [Notices] [Pages 35767-35769] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13157] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0226; FRL-9946-53] Pesticides; Draft Guidance for Pesticide Registrants on Herbicide Resistance Management Labeling, Education, Training, and Stewardship AGENCY: Environmental Protection Agency (EPA).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 Herbicide Resistance Management Labeling, Education, Training, and Stewardship.'' 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 (2016-XX) communicates the Agency's approach to addressing herbicide-resistant weeds by providing guidance on labeling, education, training, and stewardship for herbicides undergoing registration review or registration (i.e., new herbicide and actives, new uses proposed for use on herbicide-resistant crops, or other case-specific registration actions. DATES: Comments must be received on or before August 2, 2016. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0226, 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: Bill Chism, Biological and Economic [[Page 35768]] Analysis Division (7503P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- 0001; telephone number: (703) 308-8136; 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 draft PR Notice 2016-XX, ``Guidance for Herbicide Resistance Management Labeling, Education, Training, and Stewardship'' and any related or supporting information are available in the docket under docket identification (ID) number EPA-HQ-OPP-2016-0226. 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-XX, ``Guidance for Herbicide Resistance Management Labeling, Education, Training, and Stewardship.'' Draft PR Notice 2016-XX, which only applies to herbicides, 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). It is part of a holistic, proactive approach to slow the development and spread of herbicide- resistant weeds, and prolong the useful lifespan of herbicides and related technology. The Agency is focusing on the more holistic guidance for herbicides first because they are the most widely used agricultural chemicals, no new herbicide mechanism of action has been developed in last 30 years, and herbicide-resistant weeds are rapidly increasing. 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. Another such activity, involves the release of draft PR Notice 2016-X, ``Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling. Draft PR Notice 2016-X, which updates PR Notice 2001-5, applies to all conventional, agricultural pesticides (i.e., herbicides, fungicides, bactericides, insecticides, and acaricides). Draft PR Notice 2016-X focuses on pesticide labels and is aimed at improving information about how pesticide users can minimize and manage pest resistance. This draft PR Notice will also be published in today's Federal Register. III. Background on Herbicide Resistance For the purposes of draft PR Notice 2016-XX and this FR Notice, the Agency defines herbicide resistance as the inherited ability of a plant to survive and reproduce following exposure to a dose of herbicide normally lethal to the wild type. Resistance may be naturally occurring or induced by such techniques as genetic engineering or selection of variants produced by tissue culture or mutagenesis. The development and spread of herbicide-resistant weeds in agriculture is a widespread problem that has the potential to fundamentally change production practices in United States agriculture. While herbicide-resistant weeds have been known since the 1950s, the number of species and their geographical extent, has been increasing rapidly in the last decade. As of March 2016, Heap reports that there are 249 weed species with confirmed herbicide resistance worldwide and 80 unique weed species with herbicide resistance in the United States (Heap, 2016). Considering that some weed species have developed resistance to more than one mechanism of action (MOA) independently, there are 155 weed species/MOA combinations with confirmed resistance (Heap, 2016). These 155 combinations have shown resistance to herbicides with 18 different MOAs. In the United States, 48 states have reported the presence of herbicide-resistant weeds and there are over 80 crops and sites (e.g. roadsides, pastures, and railways) with herbicide-resistant weeds. As noted earlier, draft PR Notice 2016-XX primarily focuses on herbicides at this time for several reasons. First, herbicides are the most widely used agricultural chemicals. Over 285 million acres were treated on nearly 800,000 farm operations in 2012 (USDA, 2014). Second, unlike fungicides and insecticides, there have been no new herbicide MOAs developed in the last 30 years. Therefore, users do not have a new MOA to control herbicide-resistant weeds and it's important to protect the long term efficacy of these chemistries. Third, the number of herbicide-resistant weeds and the affected acreage infested is rapidly increasing. Finally, growers are facing severe economic impacts from [[Page 35769]] herbicide-resistant weeds with up to 100% crop loss in some cases. IV. What guidance does this PR Notice provide? This draft PR Notice communicates the Agency's approach to addressing herbicide-resistant weeds by providing guidance on labeling, education, training, and stewardship for herbicides undergoing registration or registration review. The Agency's guidance divides 28 herbicide MOAs into three categories of concern (low, moderate, high) based on the risk of developing herbicide-resistant weeds. The guidance also provides 11 elements that are focused on labeling, education, training, and stewardship strategies. Herbicides with the least concern for developing herbicide-resistant weeds will have the fewest resistance management elements, and herbicides with the greatest concern will have the most elements. The guidance in this draft PR Notice 2016-XX is intended to provide herbicide users and registrants with useful strategies that, when implemented, will slow herbicide resistance and prolong the useful life of herbicides. The beneficiaries of this draft PR Notice will be growers of crops that are, or may be, affected by herbicide-resistant weed and the registrants of herbicides. This draft PR Notice is applicable to all herbicides regulated by the Agency. Once the Agency receives and considers public comments on this draft PR Notice, we expect to revise and finalize the draft PR Notice by late 2016. V. Do PR Notices contain binding requirements? The PR Notice discussed in this FR 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. VI. References The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the person listed under FOR FURTHER INFORMATION CONTACT. 1. Heap, I. 2016. International Survey of Herbicide-resistant Weeds. March 11, 2016. http://www.weedscience.org. 2. USDA. 2014. 2012 Census of Agriculture. United States Department of Agriculture. Authority: 7 U.S.C. 136 et seq. Dated: May 23, 2016. Jack E. Housenger, Director, Office of Pesticide Programs. [FR Doc. 2016-13157 Filed 6-2-16; 8:45 am] BILLING CODE 6560-50-P
![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.
mstockstill on DSK3G9T082PROD with NOTICES
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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![Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Notices 35769
herbicide-resistant weeds with up to PR Notice is applicable to all herbicides document is not physically located in
100% crop loss in some cases. regulated by the Agency. Once the the docket. For assistance in locating
Agency receives and considers public these other documents, please consult
IV. What guidance does this PR Notice
comments on this draft PR Notice, we the person listed under FOR FURTHER
provide?
expect to revise and finalize the draft PR INFORMATION CONTACT.
This draft PR Notice communicates Notice by late 2016. 1. Heap, I. 2016. International Survey of
the Agency’s approach to addressing Herbicide-resistant Weeds. March 11,
herbicide-resistant weeds by providing V. Do PR Notices contain binding
requirements? 2016. http://www.weedscience.org.
guidance on labeling, education, 2. USDA. 2014. 2012 Census of Agriculture.
training, and stewardship for herbicides The PR Notice discussed in this FR United States Department of Agriculture.
undergoing registration or registration Notice is intended to provide guidance Authority: 7 U.S.C. 136 et seq.
review. The Agency’s guidance divides to EPA personnel and decision-makers,
28 herbicide MOAs into three categories Dated: May 23, 2016.
as well as pesticide registrants. While
of concern (low, moderate, high) based the requirements in the statute and Jack E. Housenger,
on the risk of developing herbicide- Agency regulations are binding on EPA Director, Office of Pesticide Programs.
resistant weeds. The guidance also and the applicants, this PR Notice is not [FR Doc. 2016–13157 Filed 6–2–16; 8:45 am]
provides 11 elements that are focused binding on either EPA or pesticide BILLING CODE 6560–50–P
on labeling, education, training, and registrants, and EPA may depart from
stewardship strategies. Herbicides with the guidance where circumstances
the least concern for developing warrant and without prior notice. FEDERAL COMMUNICATIONS
herbicide-resistant weeds will have the Likewise, pesticide registrants may COMMISSION
fewest resistance management elements, assert that the guidance is not
and herbicides with the greatest concern appropriate generally or not applicable Deletion of Consent Agenda Items
will have the most elements. The to a specific pesticide or situation. From Sunshine Act Meeting
guidance in this draft PR Notice 2016–
XX is intended to provide herbicide VI. References May 25, 2016.
users and registrants with useful The following is a listing of the The following consent agenda has
strategies that, when implemented, will documents that are specifically been deleted from the list of items
slow herbicide resistance and prolong referenced in this document. The docket scheduled for consideration at the
the useful life of herbicides. The includes these documents and other Wednesday, May 25, 2016, Open
beneficiaries of this draft PR Notice will information considered by EPA, Meeting and previously listed in the
be growers of crops that are, or may be, including documents that are referenced Commission’s Notice of May 18, 2016.
affected by herbicide-resistant weed and within the documents that are included Items 1, 5 and 6 on the consent agenda
the registrants of herbicides. This draft in the docket, even if the referenced have been adopted by the Commission.
CONSENT AGENDA
1 .................... MEDIA .............................. TITLE: PMCM TV, LLC Licensee of Station WJLP(TV), Middletown Township, New Jersey.
SUMMARY: The Commission will consider an Order concerning a Consent Decree entered into be-
tween the Commission and PMCM TV, LLC regarding compliance with children’s programming
requirements.
2 .................... ENFORCEMENT .............. TITLE: Enforcement Bureau Action.
SUMMARY: The Commission will consider whether to take an enforcement action.
3 .................... ENFORCEMENT .............. TITLE: Enforcement Bureau Action.
SUMMARY: The Commission will consider whether to take an enforcement action.
4 .................... ENFORCEMENT .............. TITLE: Enforcement Bureau Action.
SUMMARY: The Commission will consider whether to take an enforcement action.
5 .................... ENFORCEMENT .............. TITLE: Enforcement Bureau Action.
SUMMARY: The Commission will consider whether to take an enforcement action.
6 .................... ENFORCEMENT .............. TITLE: Enforcement Bureau Action.
SUMMARY: The Commission will consider whether to take an enforcement action.
Federal Communication Commission. GULF COAST ECOSYSTEM Ecosystems Sustainability, Tourist
Marlene H. Dortch, RESTORATION COUNCIL Opportunities, and Revived Economies
Secretary. of the Gulf Coast States Act of 2012
[Docket No.: 106032016–1111–02]
[FR Doc. 2016–13089 Filed 6–2–16; 8:45 am]
(RESTORE Act), 33 U.S.C. 1321(t)(3).
BILLING CODE 6712–01–P Notice of Funding Availability for the DATES: State Expenditure Plans (SEPs),
Spill Impact Component of the the first step in the process, will be
RESTORE Act accepted on a rolling basis, starting with
the date of publication of the NOFA on
AGENCY: Gulf Coast Ecosystem Grants.gov, May 25, 2016.
mstockstill on DSK3G9T082PROD with NOTICES
Restoration Council (Council).
FOR FURTHER INFORMATION CONTACT:
ACTION: Notice.
Kristin Smith, Council staff, telephone
SUMMARY: The Gulf Coast Ecosystem number: 504–444–3558.
Restoration Council (Council) SUPPLEMENTARY INFORMATION: The
announces the Notice of Funding Council is authorized to award grants
Availability for the Spill Impact pursuant to the Spill Impact Component
Component of the of the Resources and of the Resources and Ecosystems
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Document Created: 2018-02-08 07:30:03
Document Modified: 2018-02-08 07:30:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | Comments must be received on or before August 2, 2016. | |
| Contact | Bill Chism, Biological and Economic Analysis Division (7503P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- | |
| FR Citation | 81 FR 35767 |
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