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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Notices 35767

under docket identification (ID) number types of , we plan to seek ENVIRONMENTAL PROTECTION EPA–HQ–OPP–2016–0242. input from the public. AGENCY II. Overview of the Agency’s Effort To III. What guidance does this PR Notice [EPA–HQ–OPP–2016–0226; FRL–9946–53] Address Resistance provide? Pesticides; Draft Guidance for Pesticides can be used to control a Draft PR Notice 2016–X, which Pesticide Registrants on variety of pests, such as insects, weeds, revises and updates PR Notice 2001–5, Resistance Management Labeling, rodents, bacteria, fungi, etc. Over time applies to all conventional, agricultural Education, Training, and Stewardship many pesticides have gradually lost pesticides (i.e., , , their effectiveness because pests have , and AGENCY: Environmental Protection developed resistance—a significant ). The updates in draft PR Agency (EPA). decrease in sensitivity to a pesticide, Notice 2016–X focus on pesticides ACTION: Notice of availability. which reduces the field performance of labels and are aimed at improving these pesticides. The Agency is information about how pesticide users SUMMARY: The Agency is announcing concerned about resistance issues and can minimize and manage the availability of and seeking public believes that managing the development resistance. The draft PR Notice 2016–X comment on a draft Pesticide of pesticide resistance, in conjunction updates PR Notice 2001–5 with the Registration Notice (PR Notice) entitled with alternative pest-management following three categories of changes: ‘‘Guidance for Herbicide Resistance Management Labeling, Education, strategies and Integrated Pest • Provides additional guidance, and Management programs, is an important Training, and Stewardship.’’ PR Notices recommended format, for resistance are issued by the Office of Pesticide part of sustainable pest management. To management statements or information address the growing issue of resistance Programs (OPP) to inform pesticide to place on labels. registrants and other interested persons and preserve the useful life of • pesticides, the Agency is beginning to Includes references to external about important policies, procedures, embark on a more widespread effort and technical resources for guidance on and registration-related decisions, and several activities that are aimed at resistance management (e.g., serve to provide guidance to pesticide combating and slowing the development professional scientific societies, registrants and OPP personnel. This of pesticide resistance. resistance action committees for draft PR Notice (2016–XX) different types of pesticides). One such activity, which is the communicates the Agency’s approach to • subject of this FR Notice, is today’s Updates the instructions on how to addressing herbicide-resistant weeds by release and request for comment on submit changes to existing labels in providing guidance on labeling, draft PR Notice 2016–X, ‘‘Guidance for order to enhance resistance management education, training, and stewardship for Pesticide Registrants on Pesticide language. herbicides undergoing registration Resistance Management Labeling.’’ Draft This draft PR Notice also references review or registration (i.e., new PR Notice 2016–X updates PR Notice draft revisions to Chapter 11.VI.G of herbicide and actives, new uses 2001 and applies to all conventional, EPA’s Label Review Manual (LRM), proposed for use on herbicide-resistant agricultural pesticides (i.e., herbicides, which illustrates the generic format for crops, or other case-specific registration fungicides, bactericides, insecticides, resistance management labeling along actions. and acaricides). This draft PR Notice with examples of various labeling DATES: Comments must be received on focuses on pesticide labels and is aimed scenarios that registrants may or before August 2, 2016. at improving information about how encounter. The Agency requests ADDRESSES: Submit your comments, pesticide users can minimize and comments on the updates to this draft identified by docket identification (ID) manage pest resistance. PR Notice and this chapter of the LRM. number EPA–HQ–OPP–2016–0226, by Another such activity, involves the IV. Do PR Notices contain binding one of the following methods: • Federal eRulemaking Portal: http:// release of draft PR Notice 2016–XX, requirements? ‘‘Guidance for Herbicide Resistance www.regulations.gov. Follow the online Management Labeling, Education, The PR Notice discussed in this instructions for submitting comments. Training, and Stewardship.’’ Draft PR notice is intended to provide guidance Do not submit electronically any Notice 2016–XX applies to herbicides, to EPA personnel and decision-makers, information you consider to be and communicates the Agency’s current as well as pesticide registrants. While Confidential Business Information (CBI) thinking and approach to address the requirements in the statute and or other information whose disclosure is herbicide-resistant weeds by providing Agency regulations are binding on EPA restricted by statute. guidance on labeling, education, and the applicants, this PR Notice is not • Mail: OPP Docket, Environmental training, and stewardship for herbicides binding on either EPA or pesticide Protection Agency Docket Center (EPA/ undergoing registration review or registrants, and EPA may depart from DC), (28221T), 1200 Pennsylvania Ave. registration (i.e., new herbicide actives, the guidance where circumstances NW., Washington, DC 20460–0001. new uses proposed for use on herbicide- warrant and without prior notice. • Hand Delivery: To make special resistant crops, or other case-specific Likewise, pesticide registrants may arrangements for hand delivery or registration actions). Draft PR Notice assert that the guidance is not delivery of boxed information, please 2016–XX will also be published in appropriate generally or not applicable follow the instructions at http:// today’s Federal Register. In the future, to a specific pesticide or situation. www.epa.gov/dockets/contacts.html. Additional instructions on the Agency plans to evaluate other types Authority: 7 U.S.C. 136 et seq. of pesticides (e.g. fungicides, commenting or visiting the docket, bactericides, insecticides, and Dated: May 23, 2016. along with more information about acaricides) to determine whether and Jack E. Housenger, dockets generally, is available at http:// what guidance may be appropriate for Director, Office of Pesticide Programs. www.epa.gov/dockets. these types pesticides. If the Agency [FR Doc. 2016–13155 Filed 6–2–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Bill releases future guidance on these other BILLING CODE 6560–50–P Chism, Biological and Economic

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Analysis Division (7503P), Office of their effectiveness because pests have focuses on pesticide labels and is aimed Pesticide Programs, Environmental developed resistance—a significant at improving information about how Protection Agency, 1200 Pennsylvania decrease in sensitivity to a pesticide, pesticide users can minimize and Ave. NW., Washington, DC 20460–0001; which reduces the field performance of manage pest resistance. This draft PR telephone number: (703) 308–8136; these pesticides. The Agency is Notice will also be published in today’s email address: [email protected]. concerned about resistance issues and Federal Register. SUPPLEMENTARY INFORMATION: believes that managing the development of pesticide resistance, in conjunction III. Background on Herbicide I. General Information with alternative pest-management Resistance A. Does this action apply to me? strategies and Integrated Pest For the purposes of draft PR Notice Management programs, is an important 2016–XX and this FR Notice, the This action is directed to the public part of sustainable pest management. To Agency defines herbicide resistance as in general. Although this action may be address the growing issue of resistance the inherited ability of a plant to survive of particular interest to those persons and preserve the useful life of and reproduce following exposure to a who are required to submit data under pesticides, the Agency is beginning to dose of herbicide normally lethal to the the Federal , , and embark on a more widespread effort and wild type. Resistance may be naturally Act (FIFRA) or are required several activities that are aimed at occurring or induced by such to register pesticides. Since other combating and slowing the development techniques as genetic engineering or entities may also be interested, the of pesticide resistance. selection of variants produced by tissue Agency has not attempted to describe all One such activity, which is the culture or mutagenesis. the specific entities that may be affected subject of this FR Notice, is today’s The development and spread of by this action. release and request for comment on herbicide-resistant weeds in B. What should I consider as I prepare draft PR Notice 2016–XX, ‘‘Guidance for is a widespread problem that has the my comments for EPA? Herbicide Resistance Management potential to fundamentally change Labeling, Education, Training, and production practices in 1. Submitting CBI. Do not submit this Stewardship.’’ Draft PR Notice 2016– information to EPA through agriculture. While herbicide-resistant XX, which only applies to herbicides, weeds have been known since the regulations.gov or email. Clearly mark communicates the Agency’s current the part or all of the information that 1950s, the number of species and their thinking and approach to address geographical extent, has been increasing you claim to be CBI. For CBI herbicide-resistant weeds by providing rapidly in the last decade. As of March information in a disk or CD–ROM that guidance on labeling, education, 2016, Heap reports that there are 249 you mail to EPA, mark the outside of the training, and stewardship for herbicides weed species with confirmed herbicide disk or CD–ROM as CBI and then undergoing registration review or resistance worldwide and 80 unique identify electronically within the disk or registration (i.e., new herbicide actives, weed species with herbicide resistance CD–ROM the specific information that new uses proposed for use on herbicide- in the United States (Heap, 2016). is claimed as CBI. In addition to one resistant crops, or other case-specific Considering that some weed species complete version of the comment that registration actions). It is part of a have developed resistance to more than includes information claimed as CBI, a holistic, proactive approach to slow the one (MOA) copy of the comment that does not development and spread of herbicide- contain the information claimed as CBI resistant weeds, and prolong the useful independently, there are 155 weed must be submitted for inclusion in the lifespan of herbicides and related species/MOA combinations with public docket. Information so marked technology. The Agency is focusing on confirmed resistance (Heap, 2016). will not be disclosed except in the more holistic guidance for These 155 combinations have shown accordance with procedures set forth in herbicides first because they are the resistance to herbicides with 18 40 CFR part 2. most widely used agricultural different MOAs. In the United States, 48 2. Tips for preparing your comments. chemicals, no new herbicide states have reported the presence of When preparing and submitting your mechanism of action has been herbicide-resistant weeds and there are comments, see the commenting tips at developed in last 30 years, and over 80 crops and sites (e.g. roadsides, http://www.epa.gov/dockets/ herbicide-resistant weeds are rapidly pastures, and railways) with herbicide- comments.html. increasing. In the future, the Agency resistant weeds. plans to evaluate other types of As noted earlier, draft PR Notice C. How can I get copies of this pesticides (e.g., fungicides, bactericides, 2016–XX primarily focuses on document and other related insecticides, and acaricides) to herbicides at this time for several information? determine whether and what guidance reasons. First, herbicides are the most A copy of draft PR Notice 2016–XX, may be appropriate for these types widely used agricultural chemicals. ‘‘Guidance for Herbicide Resistance pesticides. If the Agency releases future Over 285 million acres were treated on Management Labeling, Education, guidance on these other types of nearly 800,000 farm operations in 2012 Training, and Stewardship’’ and any pesticides, we plan to seek input from (USDA, 2014). Second, unlike related or supporting information are the public. fungicides and insecticides, there have available in the docket under docket Another such activity, involves the been no new herbicide MOAs identification (ID) number EPA–HQ– release of draft PR Notice 2016–X, developed in the last 30 years. OPP–2016–0226. ‘‘Guidance for Pesticide Registrants on Therefore, users do not have a new Pesticide Resistance Management MOA to control herbicide-resistant II. Overview of the Agency’s Effort to Labeling. Draft PR Notice 2016–X, weeds and it’s important to protect the Address Pesticide Resistance which updates PR Notice 2001–5, long term efficacy of these chemistries. Pesticides can be used to control a applies to all conventional, agricultural Third, the number of herbicide-resistant variety of pests, such as insects, weeds, pesticides (i.e., herbicides, fungicides, weeds and the affected acreage infested rodents, bacteria, fungi, etc. Over time bactericides, insecticides, and is rapidly increasing. Finally, growers many pesticides have gradually lost acaricides). Draft PR Notice 2016–X are facing severe economic impacts from

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herbicide-resistant weeds with up to PR Notice is applicable to all herbicides document is not physically located in 100% crop loss in some cases. regulated by the Agency. Once the the docket. For assistance in locating Agency receives and considers public these other documents, please consult IV. What guidance does this PR Notice comments on this draft PR Notice, we the person listed under FOR FURTHER provide? expect to revise and finalize the draft PR INFORMATION CONTACT. This draft PR Notice communicates Notice by late 2016. 1. Heap, I. 2016. International Survey of the Agency’s approach to addressing Herbicide-resistant Weeds. March 11, herbicide-resistant weeds by providing V. Do PR Notices contain binding requirements? 2016. http://www.weedscience.org. guidance on labeling, education, 2. USDA. 2014. 2012 Census of Agriculture. training, and stewardship for herbicides The PR Notice discussed in this FR United States Department of Agriculture. undergoing registration or registration Notice is intended to provide guidance Authority: 7 U.S.C. 136 et seq. review. The Agency’s guidance divides to EPA personnel and decision-makers, 28 herbicide MOAs into three categories as well as pesticide registrants. While Dated: May 23, 2016. of concern (low, moderate, high) based the requirements in the statute and Jack E. Housenger, on the risk of developing herbicide- Agency regulations are binding on EPA Director, Office of Pesticide Programs. resistant weeds. The guidance also and the applicants, this PR Notice is not [FR Doc. 2016–13157 Filed 6–2–16; 8:45 am] provides 11 elements that are focused binding on either EPA or pesticide BILLING CODE 6560–50–P on labeling, education, training, and registrants, and EPA may depart from stewardship strategies. Herbicides with the guidance where circumstances the least concern for developing warrant and without prior notice. FEDERAL COMMUNICATIONS herbicide-resistant weeds will have the Likewise, pesticide registrants may COMMISSION fewest resistance management elements, assert that the guidance is not and herbicides with the greatest concern appropriate generally or not applicable Deletion of Consent Agenda Items will have the most elements. The to a specific pesticide or situation. From Sunshine Act Meeting guidance in this draft PR Notice 2016– XX is intended to provide herbicide VI. References May 25, 2016. users and registrants with useful The following is a listing of the The following consent agenda has strategies that, when implemented, will documents that are specifically been deleted from the list of items slow herbicide resistance and prolong referenced in this document. The docket scheduled for consideration at the the useful life of herbicides. The includes these documents and other Wednesday, May 25, 2016, Open beneficiaries of this draft PR Notice will information considered by EPA, Meeting and previously listed in the be growers of crops that are, or may be, including documents that are referenced Commission’s Notice of May 18, 2016. affected by herbicide-resistant weed and within the documents that are included Items 1, 5 and 6 on the consent agenda the registrants of herbicides. This draft in the docket, even if the referenced have been adopted by the Commission.

CONSENT AGENDA

1 ...... MEDIA ...... TITLE: PMCM TV, LLC Licensee of Station WJLP(TV), Middletown Township, New Jersey. SUMMARY: The Commission will consider an Order concerning a Consent Decree entered into be- tween the Commission and PMCM TV, LLC regarding compliance with children’s programming requirements. 2 ...... ENFORCEMENT ...... TITLE: Enforcement Bureau Action. SUMMARY: The Commission will consider whether to take an enforcement action. 3 ...... ENFORCEMENT ...... TITLE: Enforcement Bureau Action. SUMMARY: The Commission will consider whether to take an enforcement action. 4 ...... ENFORCEMENT ...... TITLE: Enforcement Bureau Action. SUMMARY: The Commission will consider whether to take an enforcement action. 5 ...... ENFORCEMENT ...... TITLE: Enforcement Bureau Action. SUMMARY: The Commission will consider whether to take an enforcement action. 6 ...... ENFORCEMENT ...... TITLE: Enforcement Bureau Action. SUMMARY: The Commission will consider whether to take an enforcement action.

Federal Communication Commission. GULF COAST ECOSYSTEM Ecosystems Sustainability, Tourist Marlene H. Dortch, RESTORATION COUNCIL Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 Secretary. [Docket No.: 106032016–1111–02] [FR Doc. 2016–13089 Filed 6–2–16; 8:45 am] (RESTORE Act), 33 U.S.C. 1321(t)(3). DATES BILLING CODE 6712–01–P Notice of Funding Availability for the : State Expenditure Plans (SEPs), Spill Impact Component of the the first step in the process, will be RESTORE Act accepted on a rolling basis, starting with the date of publication of the NOFA on AGENCY: Gulf Coast Ecosystem Grants.gov, May 25, 2016. Restoration Council (Council). FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Kristin Smith, Council staff, telephone SUMMARY: The Gulf Coast Ecosystem number: 504–444–3558. Restoration Council (Council) SUPPLEMENTARY INFORMATION: The announces the Notice of Funding Council is authorized to award grants Availability for the Spill Impact pursuant to the Spill Impact Component Component of the of the Resources and of the Resources and Ecosystems

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