[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42094-42095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18765]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0671; FRL-9963-53]


Pesticides; Draft Guidance for Pesticide Registrants on 
Notifications, Non-Notifications and Minor Formulation Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Agency is announcing the availability of and seeking 
public comment on a draft Pesticide Registration Notice (PR Notice) 
entitled ``Pesticide Registration (PR) Notice 2017-XX: Notifications, 
Non-notifications and Minor Formulation Amendments.'' 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 particular 
draft PR Notice provides updated guidance to PR Notice 98-10, in line 
with current regulatory statutes (PRIA) to the registrant and other 
interested parties for notifications, non-notifications and minor 
formulation amendments.

DATES: Comments must be received on or before October 6, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0671, by one of the following methods:
    <bullet> 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.
    <bullet> Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
    <bullet> 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: Michael L. Goodis, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
<a href="/cdn-cgi/l/email-protection#acfee8eafee2c3d8c5cfc9dfecc9dccd82cbc3da"><span class="__cf_email__" data-cfemail="e3b1a7a5b1ad8c978a808690a3869382cd848c95">[email protected]</span></a>.

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), 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

[[Page 42095]]

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 is available in the docket under 
docket identification (ID) number EPA-HQ-OPP-2016-0671.

II. What guidance does this PR Notice provide?

    This draft PR Notice provides guidance to the registrant concerning 
the process for notifications, non-notifications and minor formulation 
amendments. This proposed notice updates and clarifies the scope of 
changes accepted by notification, non-notification and minor 
formulation amendments for all pesticide products. This notice 
supersedes both PR Notices 95-2 and 98-10 in their entirety. As per 40 
CFR 152.46, EPA may determine that certain minor modifications to a 
registration having no potential to cause unreasonable adverse effects 
to the environment may be accomplished by notification or without 
notification to the Agency. Since the issuance of PR Notice 98-10, 
various regulatory and statutory changes have taken place. In 
particular, the Pesticide Registration Improvement Act (PRIA), the 
Pesticide Registration Improvement Renewal Act (PRIA 2), Pesticide 
Registration Improvement Extension Act (PRIA 3), and pending Pesticide 
Registration Enhancement Act of 2017 (PRIA 4) has resulted in a need 
for EPA to revise the notification procedures. Certain actions 
previously accepted under PR Notice 98-10 are now actions scheduled by 
the PRIA action tables. EPA is issuing this notice to align the 
notification program with the requirements of the Food Quality 
Protection Act (FQPA) and PRIA and to clarify the processes for 
accepting minor, low risk registration amendments to be accomplished 
through notification, non-notification or as accelerated amendments, 
previously established in PR Notice 98-10. EPA believes these changes 
will be useful to registrants as it presents a clarified and 
consolidated explanation for accomplishing these registration changes. 
No significant impacts or costs are expected as a result of this 
proposed PR Notice. However, the Agency is especially requesting 
impacted parties to provide through comments available information on 
projected cost implications of this draft updated guidance. The 
Paperwork Reduction Act (PRA) burdens associated with revisions to the 
PR Notice are accounted for in the current ICR entitled: Application 
for New and Amended Pesticide Registration, OMB ICR 2070-0060; EPA No. 
0277.17. As noted above, no increase or decrease in the current PRA 
burden inventory is anticipated.

III. Do PR Notices contain binding requirements?

    The PR Notice discussed in this notice is intended to provide 
guidance to EPA personnel and decision makers and to pesticide 
registrants. While the requirements in the statutes 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: August 2, 2017.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.
[FR Doc. 2017-18765 Filed 9-5-17; 8:45 am]
 BILLING CODE 6560-50-P


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