82 FR 44406 - Pesticides; Final Guidance for Pesticide Registrants on Two Pesticide Registration Notices Related to Resistance Management
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 183 (September 22, 2017)
Federal Register Volume 82, Issue 183 (September 22, 2017)
| Page Range | 44406-44408 | |
| FR Document | 2017-20331 |
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)] [Notices] [Pages 44406-44408] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20331] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0242; EPA-HQ-OPP-2016-0226; FRL-9965-80] Pesticides; Final Guidance for Pesticide Registrants on Two Pesticide Registration Notices Related to Resistance Management AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency is announcing the availability of two final Pesticide Registration Notices (PRNs) entitled, ``Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling'' and ``Guidance for Herbicide Resistance Management Labeling, Education, Training, and Stewardship.'' The Agency signed these final PRNs, identified as 2017-1 and 2017-2 respectively, on August 24, 2017. PRNs 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 to provide guidance to pesticide registrants and OPP personnel. PRN 2017-1, which updates PRN 2001-5, provides guidance for registrants to follow when developing resistance management information to include on their pesticide labels. PRN 2017-2 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 active ingredients, new uses proposed for use on herbicide-resistant crops, or other case-specific registration actions). The Agency requested comment on both of [[Page 44407]] PRNs on June 3, 2016 (81 FR 35766 and 81 FR 35767). Today's final PRNs reflect consideration of public comments. FOR FURTHER INFORMATION CONTACT: For questions or information related to PRN 2017-1, 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]. For questions or information related to PRN 2017-2, contact Bill Chism, Biological and Economic and 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 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. How can I get copies of this document and other related information? The dockets for PRN 2017-1 and PRN 2017-2, identified by docket identification (ID) numbers EPA-HQ-OPP-2016-0242 and EPA-HQ-OPP-2016- 0226, respectively, are available either electronically through http://www.regulations.gov or in hard copy at the OPP Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. II. What guidance do these PRNs provide? A. PRN 2017-1 PRN 2017-1 (entitled ``Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling'') is aimed at improving information on pesticide labels to help pesticide users minimize and manage pest resistance. PRN 2017-1 updates PRN 2001-5 with the following categories of changes: (a) Provides additional guidance to registrants, and a recommended format for resistance-management statements or information to place on labels; (b) includes references to external technical resources for guidance on resistance management; and (c) updates the instructions on how to submit changes to existing labels in order to enhance resistance-management language. PRN 2017-1 also discusses what pesticides are covered by the PRN. PRN 2017-1 addresses end-use herbicide, fungicide/bactericide, or insecticide/acaricide products that are intended for agricultural and certain non-cropland areas under commercial or government-sponsored pest management. The recommendations in PRN 2017-1 are for both products that are pending registration and currently registered products. In particular, the PRN applies to all field use agricultural pesticide products, as well as pesticides which are labeled for greenhouse production, sod farms, ornamental crops, aquatic vegetation, rights-of-way, and pest management along roadways. This guidance is not intended to apply to products labeled for use by the general consumer, such as residential use pesticides. B. PRN 2017-2 PRN 2017-2 (entitled ``Guidance for Herbicide Resistance Management Labeling, Education, Training, and Stewardship'') communicates the Agency's approach to address the development of 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, multi-stakeholder approach to slow the development and spread of herbicide-resistant weeds, and prolong the useful lifespan of herbicides and related technology. PRN 2017-2 articulates a combination of labeling and educational activities that are intended to slow the progression of development of resistant weeds. PRN 2017-2 applies to end-use herbicide products used in agriculture, including commercial turf and sod farms, and ornamental production that is in the open. It also applies to non-agricultural use sites such as golf courses, aquatic vegetation, rights-of-way and vegetation management along roadways. This PRN does not apply to herbicide products labeled for use by the general consumer, such as residential use pesticides. Technical and manufacturing use products are expressly excluded. III. What comments did EPA receive on these PRNs? A. PRN 2017-1 The Agency received 19 comment letters on the PRN 2017-1 from non- governmental organizations (NGOs), grower groups, professional scientific societies, registrants, resistance action committees (RACs), and the United States Department of Agriculture (USDA). There was general agreement among commenters that additional resistance management information on labels would be useful, especially the routine inclusion of a pesticide's mode of action group, which is established by the various RACs. A few RACs disagreed with some of the suggested label statements in the guidance, particularly for fungicides and insecticides. Some commenters expressed concern and confusion about whether non-agricultural pesticides are covered and whether all of the guidance in the PRN is mandatory for registrants or pesticide users. The Agency has considered the various comments in finalizing PRN 2017-1 and developed a response to comments document (Ref 1.), which can be found under docket ID EPA-HQ-OPP-2016-0242. B. PRN 2017-2 The Agency received 27 comment letters on the herbicide resistance management PRN 2017-2 from NGOs, crop groups, professional societies, registrants, RACs, and USDA. Most commenters generally agreed that pesticide labels should provide additional resistance management information. Several commenters proposed a single category of concern for resistance to develop instead of the proposed three categories of concern (low, moderate, and high) based on the potential for weeds to develop herbicide resistance with increasing elements for resistance management as the level of concern increased. Many commenters were against having the registrants provide additional information to the user/grower listing the weeds that are resistant to the herbicide(s) in the product. Some commenters expressed concern on whether non- agricultural pesticides are covered. The Agency has considered the various comments in finalizing PRN 2017-2 and developed a [[Page 44408]] response to comments document (Ref. 2.), which can be found under docket ID EPA-HQ-OPP-2016-0226. IV. Do PRNs contain binding requirements? The PRNs discussed in this notice are intended to provide guidance to EPA personnel and pesticide registrants. While the requirements in the statutes and Agency regulations are binding on EPA and the applicants, these PRNs are not binding on either EPA or pesticide registrants, and EPA may depart from these PRNs where circumstances warrant and without prior notice. Likewise, pesticide registrants may assert that the guidance in these PRNs is not appropriate generally or not applicable to a specific pesticide or situation. V. References The following is a listing of the documents that are specifically referenced in this notice. 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. USEPA, 2017a. Response to Comments Received on PRN 2016-X: Draft Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling. USEPA, 2017b. Response to Comments Received on PRN 2016-XX: Draft Guidance for Herbicide Resistance Management Labeling, Education, Training, and Stewardship. Authority: 7 U.S.C. 136 et seq. Dated: August 28, 2017. Richard P. Keigwin, Jr., Director, Office of Pesticide Programs. [FR Doc. 2017-20331 Filed 9-21-17; 8:45 am] BILLING CODE 6560-50-P
![44406 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices
TABLE—REGISTRATION REVIEW PROPOSED INTERIM DECISIONS BEING ISSUED—Continued
Registration review case name Docket ID No. Chemical review manager and contact information
and No.
Flumiclorac-pentyl, Case Number EPA–HQ–OPP–2009–0084 ..... Christian Bongard, bongard.christian@epa.gov, (703) 347–0337.
7232.
Metaflumizone, Case Number EPA–HQ–OPP–2016–0417 ..... Nathan Sell, sell.nathan@epa.gov, (703) 347–8020.
7446.
Nitrapyrin, Case Number 0213 .... EPA–HQ–OPP–2012–0170 ..... Thomas Harty, harty.thomas@epa.gov, (703) 347–0338.
Noviflumuron, Case Number EPA–HQ–OPP–2014–0566 ..... Kyle Morford, morford.kyle@epa.gov, (703) 347–8895.
7434.
Pendimethalin, Case Number EPA–HQ–OPP–2012–0219 ..... Nicole Zinn, zinn.nicole@epa.gov, (703) 308–7076.
0187.
Sodium, Calcium, and Potassium EPA–HQ–OPP–2012–0004 Jessica Bailey, bailey.jessica@epa.gov, (703) 347–0148.
Hypochlorites, Case Numbers and EPA–HQ–OPP–2014–
0029, 5076. 0157.
Spinetoram, Case Number 7448 EPA–HQ–OPP–2011–0666 ..... Roy Johnson, johnson.roy@epa.gov, (703) 347–0492.
Spinosad, Case Number 7421 .... EPA–HQ–OPP–2011–0667 ..... Maria Piansay, piansay.maria@epa.gov, (703) 308–8063.
The registration review docket for a The registration review final rule at 40 ENVIRONMENTAL PROTECTION
pesticide includes earlier documents CFR 155.58(a) provides for a minimum AGENCY
related to the registration review case. 60-day public comment period on all
[EPA–HQ–OPP–2016–0242; EPA–HQ–OPP–
For example, the review opened with a proposed interim registration review 2016–0226; FRL–9965–80]
Preliminary Work Plan, for public decisions. This comment period is
comment. A Final Work Plan was intended to provide an opportunity for Pesticides; Final Guidance for
placed in the docket following public public input and a mechanism for Pesticide Registrants on Two Pesticide
comment on the Preliminary Work Plan. initiating any necessary amendments to Registration Notices Related to
The documents in the dockets Resistance Management
the proposed interim decision. All
describe EPA’s rationales for conducting
comments should be submitted using
additional risk assessments for the AGENCY: Environmental Protection
registration review of the pesticides the methods in ADDRESSES, and must be Agency (EPA).
included in the table in Unit II, as well received by EPA on or before the closing
ACTION: Notice of availability.
as the Agency’s subsequent risk findings date. These comments will become part
and consideration of possible risk of the docket for the pesticides included SUMMARY: The Environmental Protection
mitigation measures. These proposed in the table in Unit II. Comments Agency is announcing the availability of
interim registration review decisions are received after the close of the comment two final Pesticide Registration Notices
supported by the rationales included in period will be marked ‘‘late.’’ EPA is not (PRNs) entitled, ‘‘Guidance for Pesticide
those documents. required to consider these late Registrants on Pesticide Resistance
Following public comment, the comments. Management Labeling’’ and ‘‘Guidance
Agency will issue interim or final The Agency will carefully consider all for Herbicide Resistance Management
registration review decisions for the comments received by the closing date Labeling, Education, Training, and
pesticides listed in the table in Unit II. and may provide a ‘‘Response to Stewardship.’’ The Agency signed these
The registration review program is final PRNs, identified as 2017–1 and
Comments Memorandum’’ in the
being conducted under congressionally 2017–2 respectively, on August 24,
docket. The interim registration review
mandated time frames, and EPA 2017. PRNs are issued by the Office of
recognizes the need both to make timely decision will explain the effect that any Pesticide Programs (OPP) to inform
decisions and to involve the public. comments had on the interim decision pesticide registrants and other
Section 3(g) of the Federal Insecticide, and provide the Agency’s response to interested persons about important
Fungicide, and Rodenticide Act (FIFRA) significant comments. policies, procedures, and registration-
(7 U.S.C. 136a(g)) required EPA to Background on the registration review related decisions, and to provide
establish by regulation procedures for program is provided at: http:// guidance to pesticide registrants and
reviewing pesticide registrations, www.epa.gov/pesticide-reevaluation. OPP personnel. PRN 2017–1, which
originally with a goal of reviewing each updates PRN 2001–5, provides guidance
Authority: 7 U.S.C. 136 et seq.
pesticide’s registration every 15 years to for registrants to follow when
ensure that a pesticide continues to Dated: August 22, 2017. developing resistance management
meet the FIFRA standard for Charles Smith, information to include on their
registration. The Agency’s final rule to Acting Director, Pesticide Re-Evaluation pesticide labels. PRN 2017–2
implement this program was issued in Division, Office of Pesticide Programs. communicates the Agency’s current
August 2006 and became effective in [FR Doc. 2017–20327 Filed 9–21–17; 8:45 am] thinking and approach to address
October 2006, and appears at 40 CFR BILLING CODE 6560–50–P
herbicide-resistant weeds by providing
part 155, subpart C. The Pesticide guidance on labeling, education,
Registration Improvement Act of 2003 training, and stewardship for herbicides
(PRIA) was amended and extended in undergoing registration review or
September 2007. FIFRA, as amended by registration (i.e., new herbicide active
PRIA in 2007, requires EPA to complete ingredients, new uses proposed for use
registration review decisions by October on herbicide-resistant crops, or other
1, 2022, for all pesticides registered as case-specific registration actions). The
of October 1, 2007. Agency requested comment on both of
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![44408 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices
response to comments document (Ref. ACTION: Notice. www.regulations.gov or in person at the
2.), which can be found under docket ID EPA Docket Center, WJC West, Room
EPA–HQ–OPP–2016–0226. SUMMARY: The Environmental Protection 3334, 1301 Constitution Ave. NW.,
Agency has submitted an information Washington, DC. The telephone number
IV. Do PRNs contain binding collection request (ICR), ‘‘ICR for the Docket Center is 202–566–1744.
requirements? Supporting Statement Information For additional information, visit http://
The PRNs discussed in this notice are Collection Request for National www.epa.gov/dockets.
intended to provide guidance to EPA Pollutant Discharge Elimination System Abstract: This ICR estimates the
personnel and pesticide registrants. (NPDES) Program (Renewal)’’ (EPA ICR burden and costs associated with the
While the requirements in the statutes No. 0229.23, OMB Control No. 2040– information collection requirements of
and Agency regulations are binding on 0004) to the Office of Management and the NPDES program, identifies the types
EPA and the applicants, these PRNs are Budget (OMB) for review and approval of activities regulated under the NPDES
not binding on either EPA or pesticide in accordance with the Paperwork program, describes the roles and
registrants, and EPA may depart from Reduction Act (44 U.S.C. 3501 et seq.). responsibilities of state governments
these PRNs where circumstances This is a proposed extension of the ICR, and the Agency, and presents the
warrant and without prior notice. which is currently approved through program areas that address the various
Likewise, pesticide registrants may December 31, 2017. Public comments types of regulated activities. This
assert that the guidance in these PRNs were previously requested via the renewal also incorporates the burden
is not appropriate generally or not Federal Register (82FR29549) on June and costs for seven more NPDES
applicable to a specific pesticide or 29, 2017 during a 60-day comment programs, which were previously
situation. period. This notice allows for an contained in separate ICRs, including:
additional 30 days for public comments. Consolidated Animal Sectors (OMB
V. References A fuller description of the ICR is given Control No. 2040–0250; EPA ICR
The following is a listing of the below, including its estimated burden Number 1989.09); Pesticide Applicators
documents that are specifically and cost to the public. An agency may (OMB Control No. 2040–0284; EPA ICR
referenced in this notice. The docket not conduct or sponsor and a person is Number 2397.02); National Pretreatment
includes these documents and other not required to respond to a collection Program (OMB Control No. 2040–0009;
information considered by EPA, of information unless it displays a EPA ICR Number 0002.15); Cooling
including documents that are referenced currently valid OMB control number. Water Intake Structures Phase I—New
within the documents that are included DATES: Additional comments may be Facilities (OMB Control No. 2040–0241;
in the docket, even if the referenced submitted on or before October 23, EPA ICR Number 1973.06); Cooling
document is not physically located in 2017. Water Intake Structures at Phase III
the docket. For assistance in locating ADDRESSES: Submit your comments,
Facilities (OMB Control No. 2040–0268,
these other documents, please consult referencing Docket ID Number EPA– EPA ICR No. 2169.05); Cooling Water
the person listed under FOR FURTHER Intake Structures Existing Facilities
HQ–OW–2008–0719, to (1) EPA online
INFORMATION CONTACT. (OMB Control No. 2040–0257; EPA ICR
using www.regulations.gov (our
No. 2060.07); and NPDES Electronic
USEPA, 2017a. Response to Comments preferred method), or by mail to: EPA
Received on PRN 2016–X: Draft Guidance Reporting Rule (OMB Control No. 2020–
Docket Center, Environmental
for Pesticide Registrants on Pesticide 0035; EPA ICR No. 2468.02).
Protection Agency, Mail Code 28221T, Permit applications and other
Resistance Management Labeling. 1200 Pennsylvania Ave. NW.,
USEPA, 2017b. Response to Comments respondent reports may contain
Washington, DC 20460, and (2) OMB via confidential business information. If a
Received on PRN 2016–XX: Draft Guidance
for Herbicide Resistance Management
email to oira_submission@omb.eop.gov. respondent does consider this
Labeling, Education, Training, and Address comments to OMB Desk Officer information to be of a confidential
Stewardship. for EPA. nature, the respondent may request that
EPA’s policy is that all comments
such information be treated as
Authority: 7 U.S.C. 136 et seq. received will be included in the public confidential. All confidential data will
Dated: August 28, 2017. docket without change including any be handled in accordance with 40 CFR
Richard P. Keigwin, Jr., personal information provided, unless 122.7, 40 CFR part 2, and EPA’s
the comment includes profanity, threats, Security Manual part III, chapter 9,
Director, Office of Pesticide Programs.
information claimed to be Confidential dated August 9, 1976.
[FR Doc. 2017–20331 Filed 9–21–17; 8:45 am]
Business Information (CBI) or other Respondents/affected entities: Any
BILLING CODE 6560–50–P
information whose disclosure is industrial point source discharger of
restricted by statute. pollutants, including but not limited to
FOR FURTHER INFORMATION CONTACT: publicly owned and privately owned
ENVIRONMENTAL PROTECTION
AGENCY Kevin Weiss, State and Regional Branch, treatment works (POTWs and PrOTWs),
Water Permits Division, OWM Mail industrial dischargers to POTWs and
[EPA–HQ–OW–2008–0719; FRL–9968–04– Code: 4203M, Environmental Protection PrOTWs, sewage sludge management
OEI] Agency, 1200 Pennsylvania Ave. NW., and disposal operations, small and large
Washington, DC 20460; telephone vessels, airports with deicing
Information Collection Request (ICR)
number: (202) 564–0742; fax number: operations, dischargers of stormwater,
Submitted to OMB for Review and
(202) 564–9544; email address: construction sites, municipalities,
Approval; Comment Request; ICR
weiss.kevin@epa.gov. pesticide applicators, local and state
Supporting Statement Information
SUPPLEMENTARY INFORMATION: goverments.
Collection Request for National
Pollutant Discharge Elimination Supporting documents, which explain Respondent’s obligation to respond:
System (NPDES) Program (Renewal) in detail the information that the EPA Mandatory. Sections 301, 302, 304, 306,
will be collecting, are available in the 307, 308, 316(b), 401, 402, 403, 405, and
AGENCY: Environmental Protection public docket for this ICR. The docket 510 of the CWA; the 1987 Water Quality
Agency (EPA). can be viewed online at Act (WQA) revisions to CWA section
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Document Created: 2017-09-22 01:53:06
Document Modified: 2017-09-22 01:53:06
| 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. | |
| Contact | For questions or information related to PRN 2017-1, contact Nikhil Mallampalli, Biological and Economic Analysis Division (7503P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- | |
| FR Citation | 82 FR 44406 |
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