Pesticides; Final Guidance for Pesticide Registrants on Two Pesticide Registration Notices Related to Resistance Management, 44406-44408 [2017-20331]

Download as PDF 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 and No. Docket ID No. Flumiclorac-pentyl, Case Number 7232. Metaflumizone, Case Number 7446. Nitrapyrin, Case Number 0213 .... Noviflumuron, Case Number 7434. Pendimethalin, Case Number 0187. Sodium, Calcium, and Potassium Hypochlorites, Case Numbers 0029, 5076. Spinetoram, Case Number 7448 Spinosad, Case Number 7421 .... EPA–HQ–OPP–2009–0084 ..... Christian Bongard, bongard.christian@epa.gov, (703) 347–0337. EPA–HQ–OPP–2016–0417 ..... Nathan Sell, sell.nathan@epa.gov, (703) 347–8020. EPA–HQ–OPP–2012–0170 ..... EPA–HQ–OPP–2014–0566 ..... Thomas Harty, harty.thomas@epa.gov, (703) 347–0338. Kyle Morford, morford.kyle@epa.gov, (703) 347–8895. EPA–HQ–OPP–2012–0219 ..... Nicole Zinn, zinn.nicole@epa.gov, (703) 308–7076. EPA–HQ–OPP–2012–0004 and EPA–HQ–OPP–2014– 0157. EPA–HQ–OPP–2011–0666 ..... EPA–HQ–OPP–2011–0667 ..... Jessica Bailey, bailey.jessica@epa.gov, (703) 347–0148. The registration review docket for a pesticide includes earlier documents related to the registration review case. For example, the review opened with a Preliminary Work Plan, for public comment. A Final Work Plan was placed in the docket following public comment on the Preliminary Work Plan. The documents in the dockets describe EPA’s rationales for conducting additional risk assessments for the registration review of the pesticides included in the table in Unit II, as well as the Agency’s subsequent risk findings and consideration of possible risk mitigation measures. These proposed interim registration review decisions are supported by the rationales included in those documents. Following public comment, the Agency will issue interim or final registration review decisions for the pesticides listed in the table in Unit II. The registration review program is being conducted under congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. Section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136a(g)) required EPA to establish by regulation procedures for reviewing pesticide registrations, originally with a goal of reviewing each pesticide’s registration every 15 years to ensure that a pesticide continues to meet the FIFRA standard for registration. The Agency’s final rule to implement this program was issued in August 2006 and became effective in October 2006, and appears at 40 CFR part 155, subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA) was amended and extended in September 2007. FIFRA, as amended by PRIA in 2007, requires EPA to complete registration review decisions by October 1, 2022, for all pesticides registered as of October 1, 2007. VerDate Sep<11>2014 18:11 Sep 21, 2017 Jkt 241001 Chemical review manager and contact information Roy Johnson, johnson.roy@epa.gov, (703) 347–0492. Maria Piansay, piansay.maria@epa.gov, (703) 308–8063. The registration review final rule at 40 CFR 155.58(a) provides for a minimum 60-day public comment period on all proposed interim registration review decisions. This comment period is intended to provide an opportunity for public input and a mechanism for initiating any necessary amendments to the proposed interim decision. All comments should be submitted using the methods in ADDRESSES, and must be received by EPA on or before the closing date. These comments will become part of the docket for the pesticides included in the table in Unit II. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. The Agency will carefully consider all comments received by the closing date and may provide a ‘‘Response to Comments Memorandum’’ in the docket. The interim registration review decision will explain the effect that any comments had on the interim decision and provide the Agency’s response to significant comments. Background on the registration review program is provided at: https:// www.epa.gov/pesticide-reevaluation. Authority: 7 U.S.C. 136 et seq. Dated: August 22, 2017. Charles Smith, Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2017–20327 Filed 9–21–17; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 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 Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: 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 registrationrelated 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 SUMMARY: E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 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: mallampalli.nikhil@epa.gov. 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: chism.bill@epa.gov. 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 https:// 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 https://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 VerDate Sep<11>2014 18:11 Sep 21, 2017 Jkt 241001 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 nonagricultural use sites such as golf PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 44407 courses, aquatic vegetation, rights-ofway 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 nongovernmental 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 E:\FR\FM\22SEN1.SGM 22SEN1 44408 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 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 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2008–0719; FRL–9968–04– OEI] Information Collection Request (ICR) Submitted to OMB for Review and Approval; Comment Request; ICR Supporting Statement Information Collection Request for National Pollutant Discharge Elimination System (NPDES) Program (Renewal) Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 18:11 Sep 21, 2017 Jkt 241001 ACTION: Notice. The Environmental Protection Agency has submitted an information collection request (ICR), ‘‘ICR Supporting Statement Information Collection Request for National Pollutant Discharge Elimination System (NPDES) Program (Renewal)’’ (EPA ICR No. 0229.23, OMB Control No. 2040– 0004) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through December 31, 2017. Public comments were previously requested via the Federal Register (82FR29549) on June 29, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: Additional comments may be submitted on or before October 23, 2017. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–OW–2008–0719, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for EPA. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Kevin Weiss, State and Regional Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564–0742; fax number: (202) 564–9544; email address: weiss.kevin@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information, visit https:// www.epa.gov/dockets. Abstract: This ICR estimates the burden and costs associated with the information collection requirements of the NPDES program, identifies the types of activities regulated under the NPDES program, describes the roles and responsibilities of state governments and the Agency, and presents the program areas that address the various types of regulated activities. This renewal also incorporates the burden and costs for seven more NPDES programs, which were previously contained in separate ICRs, including: Consolidated Animal Sectors (OMB Control No. 2040–0250; EPA ICR Number 1989.09); Pesticide Applicators (OMB Control No. 2040–0284; EPA ICR Number 2397.02); National Pretreatment Program (OMB Control No. 2040–0009; EPA ICR Number 0002.15); Cooling Water Intake Structures Phase I—New Facilities (OMB Control No. 2040–0241; EPA ICR Number 1973.06); Cooling Water Intake Structures at Phase III Facilities (OMB Control No. 2040–0268, EPA ICR No. 2169.05); Cooling Water Intake Structures Existing Facilities (OMB Control No. 2040–0257; EPA ICR No. 2060.07); and NPDES Electronic Reporting Rule (OMB Control No. 2020– 0035; EPA ICR No. 2468.02). Permit applications and other respondent reports may contain confidential business information. If a respondent does consider this information to be of a confidential nature, the respondent may request that such information be treated as confidential. All confidential data will be handled in accordance with 40 CFR 122.7, 40 CFR part 2, and EPA’s Security Manual part III, chapter 9, dated August 9, 1976. Respondents/affected entities: Any industrial point source discharger of pollutants, including but not limited to publicly owned and privately owned treatment works (POTWs and PrOTWs), industrial dischargers to POTWs and PrOTWs, sewage sludge management and disposal operations, small and large vessels, airports with deicing operations, dischargers of stormwater, construction sites, municipalities, pesticide applicators, local and state goverments. Respondent’s obligation to respond: Mandatory. Sections 301, 302, 304, 306, 307, 308, 316(b), 401, 402, 403, 405, and 510 of the CWA; the 1987 Water Quality Act (WQA) revisions to CWA section E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[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]


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

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: 
mallampalli.nikhil@epa.gov.
    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: chism.bill@epa.gov.

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 https://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 https://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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