[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44406-44408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20331]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#cba6aaa7a7aaa6bbaaa7a7a2e5a5a2a0a3a2a78baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="18757974747975687974747136767173707174587d6879367f776e">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#5b383332283675393237371b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="2a494243594704484346466a4f5a4b044d455c">[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 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


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