EPA Draft Proposal To Improve Lepidopteran Resistance Management; Notice of Availability, 55448-55450 [2020-19779]
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55448
Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices
• Submitters must clearly identify the
source of any submitted data or
information.
• Submitters may request the Agency
to reconsider data or information that
the Agency rejected in a previous
review. However, submitters must
explain why they believe the Agency
should reconsider the data or
information in the pesticide’s
registration review.
As provided in 40 CFR 155.58, the
registration review docket for each
pesticide case will remain publicly
accessible through the duration of the
registration review process; that is, until
all actions required in the final decision
on the registration review case have
been completed.
Authority: 7 U.S.C. 136 et seq.
Dated: August 25, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation
Division, Office of Pesticide Programs.
[FR Doc. 2020–19778 Filed 9–4–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2020–0429; FRL–10013–50]
United States Department of Justice
and Parties to Certain Litigation;
Transfer of Data
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces that
pesticide related information submitted
to the Environmental Protection Agency
(EPA) pursuant to the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Federal Food, Drug,
and Cosmetic Act (FFDCA), including
information that may have been claimed
as Confidential Business Information
(CBI) by the submitter will be
transferred to the U.S. Department of
Justice (DOJ) and parties to certain
litigation. This transfer of data is in
accordance with the CBI regulations
governing the disclosure of potential
CBI in litigation.
DATES: Access to this information by
DOJ and the parties to certain litigation
is ongoing and expected to continue
during the litigation as discussed in this
notice.
FOR FURTHER INFORMATION CONTACT:
Pesticide Re-Evaluation Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
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SUMMARY:
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(703) 347–0292; email address:
glyphosateregreview@epa.gov.
SUPPLEMENTARY INFORMATION:
This notice is being provided
pursuant to 40 CFR 2.209(d) to inform
affected businesses that EPA, via DOJ,
will provide certain information to the
parties and the Court in the
consolidated matters of Rural Coalition,
et al. v. U.S. Environmental Protection
Agency, Case No. 20–70801 (9th Cir.)
and Natural Resources Defense Council,
et al. v. U.S. Environmental Protection
Agency et al., Case No. 20–70787 (9th
Cir.) (collectively, referred to as the
‘‘Glyphosate Litigation’’). The
information is contained in documents
that have been submitted to EPA
pursuant to FIFRA and FFDCA by
pesticide registrants or other datasubmitters, including information that
has been claimed to be, or determined
to potentially contain CBI. In the
Glyphosate Litigation, the petitioners
seek judicial review of EPA’s Interim
Registration Review Decision (Interim
Decision) for the pesticide active
ingredient glyphosate that was issued
pursuant to the FIFRA, 7 U.S.C. 136 et
seq.
The documents are being produced as
part of the Administrative Record of the
Interim Decision at issue and include
documents that registrants or other datasubmitters may have submitted to EPA
regarding the pesticide glyphosate, and
that may be subject to various release
restrictions under federal law. The
information includes documents
submitted with pesticide registration
applications and may include CBI as
well as scientific studies subject to the
disclosure restrictions of FIFRA section
10(g), 7 U.S.C. 136h(g).
All documents that may be subject to
release restrictions under federal law are
designated as ‘‘Confidential or
Restricted Information’’ under a
Protective Order that parties to the
Glyphosate litigation jointly filed with
the court on July 1, 2020 (Dkt.37–2). The
Protective Order precludes public
disclosure of any such documents by
the parties in this action who have
received the information from EPA,
unless a party successfully obtains a dedesignation as Confidential or Restricted
Information of any portion of the
Administrative Record via the
procedure described in paragraph 6 of
the Protective Order, and limits the use
of such documents to litigation
purposes only.
EPA expects to begin providing
documents no later than 10 business
days from the issuance of the Protective
Order. If filed with the Court, such
documents would be filed under seal
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and would not be available for public
review, unless the information
contained in the document has been
determined to not be subject to FIFRA
section 10(g) and all CBI has been
redacted. At the conclusion of the
Glyphosate Litigation, paragraph 8 of
the Protective Order requires that record
material EPA designates as
‘‘Confidential or Restricted Information’’
be destroyed or returned to EPA.
Authority: 7 U.S.C. 136 et seq.; and 21
U.S.C. 301 et seq.
Dated: August 31, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation
Division, Office of Pesticide Programs.
[FR Doc. 2020–19773 Filed 9–4–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2019–0682; FRL–10013–29]
EPA Draft Proposal To Improve
Lepidopteran Resistance Management;
Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is making available for
public comment a proposal to improve
current resistance management
strategies for certain Lepidopteran pests
of Bacillus thuringiensis (Bt) plantincorporated protectants (PIPs) in corn
and cotton. EPA is soliciting input from
all affected stakeholders such as corn
and cotton growers, crop consultants,
industry, academia, non-governmental
organizations and the general public.
DATES: Comments must be received on
or before November 9, 2020.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0682, by
one of the following methods:
• Federal eRulemaking Portal: https://
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 https://
www.epa.gov/dockets/contacts.html.
SUMMARY:
E:\FR\FM\08SEN1.SGM
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Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Anne Overstreet, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
jbell on DSKJLSW7X2PROD with NOTICES
A. Does this action apply to me?
You may be potentially affected by
this action if you are a registrant or
manufacturer of Bt PIPs, grow Bt corn or
cotton PIPs for crop or animal
production, serve as a corn agronomist,
crop consultant or extension specialist,
or conduct insect resistance
management-related research. The
following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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.
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16:32 Sep 04, 2020
Jkt 250001
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
C. How can I get copies of this
document and other related
information?
A copy of the proposal, titled ‘‘EPA
Draft Proposal to Address Resistance
Risks to Lepidopteran Pests of Bt
Following the July 2018 FIFRA
Scientific Advisory Panel
Recommendation’’ is available in the
docket under docket identification (ID)
number EPA–HQ–OPP–2019–0682.
II. What action is the Agency taking?
EPA is making available for public
comment a proposal to improve current
resistance management strategies for
certain Lepidopteran pests of Bacillus
thuringiensis (Bt) plant-incorporated
protectants (PIPs) in corn and cotton.
EPA’s proposal contains measures
designed to delay lepidopteran
development of resistance to Bt corn
and cotton PIPs in response to multiple
reports of Bt resistance among some
pests. The proposal was informed by
advice received by the Agency from the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) Scientific
Advisory Panel and from unsolicited
comments received from several
stakeholder groups. EPA believes that
the proposed measures will prolong the
effectiveness of Bt PIPs for Lepidopteran
pest control. This goal has significance,
given the long safety record of Bt PIPs.
If used properly, Bt PIPs greatly reduce
the need for conventional pesticides and
the risks they may present to human
health and the environment. EPA is
soliciting comments from all affected
stakeholders, including corn and cotton
growers, crop consultants, industry,
academia, and the general public.
As part of its regulation of Bt corn and
cotton PIPs, EPA requires measures to
delay the development of resistance
among target pests. These measures
include the use of non-Bt PIP refuges to
provide susceptible insects (to dilute
any resistance genes in the population),
annual monitoring to detect resistance
in pest populations, mitigation steps if
resistance develops, a refuge
compliance program, and grower
education.
EPA is concerned about recent cases
of Bt resistance among corn and/or
cotton pests that have been documented
by academic and industry researchers.
Bt resistance has been reported for corn
earworm, fall armyworm, western bean
cutworm, and southwestern corn borer.
In a white paper prepared for the SAP
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Fmt 4703
Sfmt 4703
55449
meeting, EPA identified a number of
risk factors that likely contributed to
these resistance cases and could lead to
more widespread resistance incidents in
the future. These risk factors include a
lack of ‘‘high dose’’ toxin expression in
Bt PIPs for some of the Lepidopteran
target pests, cross resistance between
different Bt PIPs, cross-pollination of Bt
and refuge plants in Bt corn seed blend
products, poor compliance with non-PIP
refuge requirements, and ineffective
resistance monitoring methods. Seeking
guidance on these concerns, the Agency
convened a FIFRA SAP meeting in July
2018. The panel was tasked with
evaluating the reported cases of
resistance and EPA’s identified risk
factors and providing guidance on
potential improvements to the current
resistance management program.
Meeting materials, including EPA’s
white paper, the charge to the panel,
and the SAP’s final report, are available
in docket number EPA–HQ–OPP–2017–
0617.
Following the SAP meeting, EPA
developed a proposal to bolster current
resistance management strategies for
Lepidopteran target pests of Bt corn and
cotton PIPs. EPA’s proposal addresses
the following aspects of resistance
management:
• A proposed new resistance
definition for ‘‘non-high dose’’
Lepidopteran pests, based on
unexpected injury (UXI) levels in Bt
corn and cotton;
• Enhanced resistance monitoring
using sentinel plots in regions at high
risk of resistance and investigations of
UXI cases with standardized pest
damage thresholds;
• Improved resistance mitigation for
cases of confirmed resistance by
implementing best management
practices (BMPs) once UXI has been
detected;
• Increased communications among
stakeholders to provide ‘‘early
warnings’’ on potential cases of
resistance to Bt PIPs;
• Industry reporting to EPA on UXI
investigations and BMP
implementation.
EPA believes these proposed
enhancements are consistent with the
SAP’s guidance and will prolong the
effectiveness of Bt corn and cotton PIPs
by reducing selection pressure for
resistance, improving resistance
monitoring, and better mitigating
populations that do develop resistance.
The Agency’s goals are to prolong the
durability of Bt corn and cotton PIPs
while maintaining the environmental
benefits of these management tools.
In addition to the above elements,
EPA has identified three further
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55450
Federal Register / Vol. 85, No. 174 / Tuesday, September 8, 2020 / Notices
measures for public comment, but will
not take a position on them until it has
reviewed all stakeholder input:
• Phase down of single traits and
non-functional pyramids;
• Increasing percent refuge in seed
blend products; and
• Measures to improve refuge
compliance.
The Agency is seeking input on the
proposal from potentially affected
entities and other stakeholders,
including (but not limited to) registrants
of Bt PIPs, corn and cotton growers,
crop consultants/agronomists,
commodity groups, extension
entomologists, academic researchers,
and the general public. Commenters are
also encouraged to provide input on the
specific recommendations of the SAP,
including alternate approaches or
counter proposals towards addressing
the issues raised by the panel and the
Agency’s resistance management goals.
During the comment period, EPA will
seek to further engage affected entities
and other stakeholders through
webinars in late July and August to
discuss the proposal and answer
questions.
Authority: 7 U.S.C. 136 et seq.
Dated: August 19, 2020.
Jean Overstreet,
Acting Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. 2020–19779 Filed 9–4–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1085; FRS 17037]
Information Collection Being
Submitted for Review and Approval to
Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal Agencies to
take this opportunity to comment on the
following information collection.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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employees.’’ The Commission may not
conduct or sponsor a collection of
information unless it displays a
currently valid Office of Management
and Budget (OMB) control number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the PRA that
does not display a valid OMB control
number.
DATES: Written comments and
recommendations for the proposed
information collection should be
submitted on or before October 8, 2020.
ADDRESSES: Comments should be sent to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function. Your comment must be
submitted into www.reginfo.gov per the
above instructions for it to be
considered. In addition to submitting in
www.reginfo.gov also send a copy of
your comment on the proposed
information collection to Nicole Ongele,
FCC, via email to PRA@fcc.gov and to
Nicole.Ongele@fcc.gov. Include in the
comments the OMB control number as
shown in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the web page https://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, as required by the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3520), the FCC invited
the general public and other Federal
Agencies to take this opportunity to
comment on the following information
collection. Comments are requested
concerning: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the FCC seeks specific comment on how
it might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
OMB Control Number: 3060–1085.
Title: Section 9.11, Interconnected
Voice Over internet Protocol (VoIP)
E911 Compliance; Section 9.12,
Implementation of the NET 911
Improvement Act of 2008: Location
Information from Owners and
Controllers of 911 and E911
Capabilities.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Individuals or
Households; Business or other for-profit
entities; Not-for-profit institutions;
State, Local or Tribal government.
Number of Respondents and
Responses: 72 respondents; 16,200,496
responses.
Estimated Time per Response: 0.09
hours (five minutes).
Frequency of Response: One-time, on
occasion, third party disclosure
requirement, and recordkeeping
requirement.
Obligation to Respond: Statutory
authority for this information collection
is contained in 47 U.S.C. 151, 151–154,
152(a), 155(c), 157, 160, 201, 202, 208,
210, 214, 218, 219, 222, 225, 251(e), 255,
301, 302, 303, 307, 308, 309, 310, 316,
319, 332, 403, 405, 605, 610, 615, 615
note, 615a, 615b, 615c, 615a–1, 616,
620, 621, 623, 623 note, 721, and 1471.
Total Annual Burden: 1,481,249
hours.
Total Annual Cost: $238,890,000.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: The Commission is
obligated by statute to promote ‘‘safety
of life and property’’ and to ‘‘encourage
and facilitate the prompt deployment
throughout the United States of a
seamless, ubiquitous, and reliable endto-end infrastructure’’ for public safety.
Congress has established 911 as the
national emergency number to enable
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Agencies
[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55448-55450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19779]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2019-0682; FRL-10013-29]
EPA Draft Proposal To Improve Lepidopteran Resistance Management;
Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA is making available for public comment a proposal to
improve current resistance management strategies for certain
Lepidopteran pests of Bacillus thuringiensis (Bt) plant-incorporated
protectants (PIPs) in corn and cotton. EPA is soliciting input from all
affected stakeholders such as corn and cotton growers, crop
consultants, industry, academia, non-governmental organizations and the
general public.
DATES: Comments must be received on or before November 9, 2020.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2019-0682, by one of the following methods:
Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/contacts.html.
[[Page 55449]]
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Anne Overstreet, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number: (703) 305-7090; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are a
registrant or manufacturer of Bt PIPs, grow Bt corn or cotton PIPs for
crop or animal production, serve as a corn agronomist, crop consultant
or extension specialist, or conduct insect resistance management-
related research. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
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 https://www.epa.gov/dockets/comments.html.
C. How can I get copies of this document and other related information?
A copy of the proposal, titled ``EPA Draft Proposal to Address
Resistance Risks to Lepidopteran Pests of Bt Following the July 2018
FIFRA Scientific Advisory Panel Recommendation'' is available in the
docket under docket identification (ID) number EPA-HQ-OPP-2019-0682.
II. What action is the Agency taking?
EPA is making available for public comment a proposal to improve
current resistance management strategies for certain Lepidopteran pests
of Bacillus thuringiensis (Bt) plant-incorporated protectants (PIPs) in
corn and cotton. EPA's proposal contains measures designed to delay
lepidopteran development of resistance to Bt corn and cotton PIPs in
response to multiple reports of Bt resistance among some pests. The
proposal was informed by advice received by the Agency from the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory
Panel and from unsolicited comments received from several stakeholder
groups. EPA believes that the proposed measures will prolong the
effectiveness of Bt PIPs for Lepidopteran pest control. This goal has
significance, given the long safety record of Bt PIPs. If used
properly, Bt PIPs greatly reduce the need for conventional pesticides
and the risks they may present to human health and the environment. EPA
is soliciting comments from all affected stakeholders, including corn
and cotton growers, crop consultants, industry, academia, and the
general public.
As part of its regulation of Bt corn and cotton PIPs, EPA requires
measures to delay the development of resistance among target pests.
These measures include the use of non-Bt PIP refuges to provide
susceptible insects (to dilute any resistance genes in the population),
annual monitoring to detect resistance in pest populations, mitigation
steps if resistance develops, a refuge compliance program, and grower
education.
EPA is concerned about recent cases of Bt resistance among corn
and/or cotton pests that have been documented by academic and industry
researchers. Bt resistance has been reported for corn earworm, fall
armyworm, western bean cutworm, and southwestern corn borer. In a white
paper prepared for the SAP meeting, EPA identified a number of risk
factors that likely contributed to these resistance cases and could
lead to more widespread resistance incidents in the future. These risk
factors include a lack of ``high dose'' toxin expression in Bt PIPs for
some of the Lepidopteran target pests, cross resistance between
different Bt PIPs, cross-pollination of Bt and refuge plants in Bt corn
seed blend products, poor compliance with non-PIP refuge requirements,
and ineffective resistance monitoring methods. Seeking guidance on
these concerns, the Agency convened a FIFRA SAP meeting in July 2018.
The panel was tasked with evaluating the reported cases of resistance
and EPA's identified risk factors and providing guidance on potential
improvements to the current resistance management program. Meeting
materials, including EPA's white paper, the charge to the panel, and
the SAP's final report, are available in docket number EPA-HQ-OPP-2017-
0617.
Following the SAP meeting, EPA developed a proposal to bolster
current resistance management strategies for Lepidopteran target pests
of Bt corn and cotton PIPs. EPA's proposal addresses the following
aspects of resistance management:
A proposed new resistance definition for ``non-high dose''
Lepidopteran pests, based on unexpected injury (UXI) levels in Bt corn
and cotton;
Enhanced resistance monitoring using sentinel plots in
regions at high risk of resistance and investigations of UXI cases with
standardized pest damage thresholds;
Improved resistance mitigation for cases of confirmed
resistance by implementing best management practices (BMPs) once UXI
has been detected;
Increased communications among stakeholders to provide
``early warnings'' on potential cases of resistance to Bt PIPs;
Industry reporting to EPA on UXI investigations and BMP
implementation.
EPA believes these proposed enhancements are consistent with the
SAP's guidance and will prolong the effectiveness of Bt corn and cotton
PIPs by reducing selection pressure for resistance, improving
resistance monitoring, and better mitigating populations that do
develop resistance. The Agency's goals are to prolong the durability of
Bt corn and cotton PIPs while maintaining the environmental benefits of
these management tools.
In addition to the above elements, EPA has identified three further
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measures for public comment, but will not take a position on them until
it has reviewed all stakeholder input:
Phase down of single traits and non-functional pyramids;
Increasing percent refuge in seed blend products; and
Measures to improve refuge compliance.
The Agency is seeking input on the proposal from potentially
affected entities and other stakeholders, including (but not limited
to) registrants of Bt PIPs, corn and cotton growers, crop consultants/
agronomists, commodity groups, extension entomologists, academic
researchers, and the general public. Commenters are also encouraged to
provide input on the specific recommendations of the SAP, including
alternate approaches or counter proposals towards addressing the issues
raised by the panel and the Agency's resistance management goals.
During the comment period, EPA will seek to further engage affected
entities and other stakeholders through webinars in late July and
August to discuss the proposal and answer questions.
Authority: 7 U.S.C. 136 et seq.
Dated: August 19, 2020.
Jean Overstreet,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2020-19779 Filed 9-4-20; 8:45 am]
BILLING CODE 6560-50-P