81_FR_21410 81 FR 21341 - Chlorpyrifos, Diazinon, and Malathion Registration Review; Draft Biological Evaluations; Notice of Availability

81 FR 21341 - Chlorpyrifos, Diazinon, and Malathion Registration Review; Draft Biological Evaluations; Notice of Availability

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range21341-21343
FR Document2016-08279

EPA is announcing the availability of the draft biological evaluations for the registration reviews of all uses of chlorpyrifos, diazinon, and malathion for public review and comment. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects. Through the registration review program, EPA is ensuring that each pesticide's registration is based on the most current scientific methods. Furthermore, EPA is meeting its obligation under section 7 of the Endangered Species Act by ensuring that each pesticide's registration is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat.

Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21341-21343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08279]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0167; FRL-9944-32]


Chlorpyrifos, Diazinon, and Malathion Registration Review; Draft 
Biological Evaluations; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is announcing the availability of the draft biological 
evaluations for the registration reviews of all uses of chlorpyrifos, 
diazinon, and malathion for public review and comment. Registration 
review is EPA's periodic review of pesticide registrations to ensure 
that each pesticide continues to satisfy the statutory standard for 
registration, that is, the pesticide can perform its intended function 
without unreasonable adverse effects. Through the registration review 
program, EPA is ensuring that each pesticide's registration is based on 
the most current scientific methods. Furthermore, EPA is meeting its 
obligation under section 7 of the Endangered Species Act by ensuring 
that each pesticide's registration is not likely to jeopardize the 
continued existence of any listed species or result in the destruction 
or adverse modification of designated critical habitat.

DATES: Comments must be received on or before June 10, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0167, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     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 http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information 
contact: The Chemical Review Manager for the pesticide of interest 
identified in the following table.

------------------------------------------------------------------------
                                                      Chemical review
 Registration review case name   Pesticide docket    manager, telephone
            and No.                   ID No.       number, email address
------------------------------------------------------------------------
Chlorpyrifos, 100.............  EPA-HQ-OPP-2008-0  Dana Friedman, 703-
                                 850.               347-8827,
                                                    [email protected].
Diazinon, 238.................  EPA-HQ-OPP-2008-0  Khue Nguyen, 703-347-
                                 351.               0248,
                                                    [email protected].
Malathion, 248................  EPA-HQ-OPP-2009-0  Steven Snyderman, 703-
                                 317.               347-0249,
                                                    [email protected].
------------------------------------------------------------------------

    For general questions on the registration review program, contact: 
Richard Dumas, Pesticide Re-Evaluation Division (7508P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8015; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, farm 
worker, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides and/or the potential impacts of pesticide use on 
listed species and designated critical habitat. Since others also may 
be interested, the Agency has not attempted to describe all the 
specific entities that may be affected by this action. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the Chemical Review Manager for the pesticide of 
interest identified under FOR FURTHER INFORMATION CONTACT.

 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

[[Page 21342]]

http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticides 
discussed in this document, compared to the general population.

II. Executive Summary

A. What action is the agency taking?

    EPA is providing an opportunity for public review of its draft 
biological evaluations for the registration reviews of chlorpyrifos, 
diazinon, and malathion. Registration review is EPA's periodic review 
of pesticide registrations to ensure that each pesticide continues to 
satisfy the statutory standard for registration, that is, the pesticide 
can perform its intended function without unreasonable adverse effects. 
As part of the registration review process, the Agency has completed 
comprehensive draft biological evaluations for all chlorpyrifos, 
diazinon, and malathion uses.
    These draft biological evaluations represent the first ever 
nationwide assessments of these pesticides to federally endangered and 
threatened species (i.e., listed species) and designated critical 
habitat. The interim scientific methods used in these draft biological 
evaluations were developed collaboratively with the U.S. Fish and 
Wildlife Service (USFWS) and the National Marine Fisheries Service 
(NMFS), hereafter referred to as the Services, based on recommendations 
from the April 2013 National Academy of Sciences (NAS) report 
``Assessing Risks to Endangered and Threatened Species from 
Pesticides.'' As part of this effort, the U.S. Department of 
Agriculture has provided expertise on crop production and pesticide 
uses and assistance with the use of the National Agricultural 
Statistics Service Cropland Data Layer to help define the footprint of 
agricultural use patterns.
    After reviewing comments received during the public comment period, 
EPA will issue revised final biological evaluations, explain any 
changes, respond to comments, and may request public input on risk 
mitigation before completing proposed registration review decisions for 
chlorpyrifos, diazinon, and malathion. For those species and designated 
critical habitats where registered uses of the pesticides are ``likely 
to adversely affect'' species and/or habitat, USFWS and NMFS will 
utilize the analyses and data from the biological evaluations in their 
final Biological Opinions for each of the three chemicals.

B. What is the agency's authority for taking this action?

    EPA is conducting its registration review of chlorpyrifos, 
diazinon, and malathion pursuant to section 3(g) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
seq., and the Procedural Regulations for Registration Review at 40 CFR 
part 155, subpart C. Section 3(g) of FIFRA provides, among other 
things, that the registrations of pesticides are to be reviewed every 
15 years. Under FIFRA, a pesticide product may be registered, or remain 
registered, only if it meets the statutory standard for registration 
given in FIFRA section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in 
accordance with widespread and commonly recognized practice, the 
pesticide product must perform its intended function without 
unreasonable adverse effects on the environment; that is, without any 
unreasonable risk to man or the environment.
    EPA develops endangered species biological evaluations and consults 
with the Services pursuant to section 7(a)(2) of the Endangered Species 
Act (ESA), 16 U.S.C. 1531 et seq., and the implementing regulations at 
50 CFR part 402.

III. Registration Reviews

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide 
registrations for chlorpyrifos, diazinon, and malathion to ensure that 
these registrations continue to satisfy the FIFRA standard for 
registration--that is, that chlorpyrifos, diazinon, and malathion can 
still be used without unreasonable adverse effects.
    EPA has been collaborating with the Services to develop interim 
scientific approaches to assess the impact of pesticides on listed 
species and designated critical habitat, as required by ESA and as 
recommended by the April 2013 NAS report. Chlorpyrifos, diazinon, and 
malathion were selected for the development and implementation of these 
interim approaches because these pesticides were included in the first 
Biological Opinion issued by NMFS in response to litigation brought by 
the Washington Toxics Coalition (WTC) with regard to salmonids in the 
Pacific Northwest. This Biological Opinion was later remanded to NMFS 
by the U.S. Court of Appeals for the 3rd Circuit. The interim 
scientific approaches used in the draft biological evaluations for 
chlorpyrifos, diazinon, and malathion were developed based on a 
collaborative effort among the agencies, and will be refined based on 
the public comments received on the draft biological evaluations as 
well as input from an ESA stakeholder workshop planned for the summer 
of 2016. More information on this process is available at https://www.epa.gov/endangered-species/implementing-nas-report-recommendations-ecological-risk-assessment-endangered-and.
    Chlorpyrifos is an organophosphate (OP) insecticide, acaricide, and 
miticide used to control a variety of insects on a variety of food and 
feed crops. Currently registered uses include a variety of fruits, 
nuts, vegetables, grains, and non-agricultural areas (such golf course 
turf, industrial sites, greenhouses and nurseries, sod farms, and wood 
products). Public health uses include aerial and ground-based fogger 
treatments to control mosquitoes. There are also residential uses of 
ant and roach bait products and fire ant mound treatments. EPA has 
completed a draft biological evaluation to assess whether all 
registered uses of chlorpyrifos may affect listed species and 
designated critical habitat. The chlorpyrifos draft biological 
evaluation is viewable at: https://www.epa.gov/endangered-species/biological-evaluation-chapters-chlorpyrifos. Comments on the draft 
biological evaluation for chlorpyrifos should be submitted to the 
chlorpyrifos registration review docket (EPA-HQ-OPP-2008-0850) at 
http://www.regulations.gov.
    Diazinon is a restricted use OP insecticide currently registered 
for use on a number of fruits, vegetables, nuts, ornamentals, and in 
cattle ear tags. All residential uses were phased out as part of risk 
mitigation during reregistration, and there are currently no 
residential uses. EPA has completed a draft biological evaluation to 
assess whether all registered uses of diazinon may affect listed 
species and designated critical habitat. The diazinon draft biological 
evaluation is viewable at: https://www.epa.gov/endangered-species/biological-evaluation-chapters-diazinon. Comments on the draft 
biological evaluation for diazinon should be submitted to the diazinon

[[Page 21343]]

registration review docket (EPA-HQ-OPP-2008-0351) at http://www.regulations.gov.
    Malathion is a non-systemic, wide spectrum OP. It is used in the 
agricultural production of a wide variety of food/feed crops to control 
insects such as aphids, leafhoppers, and Japanese beetles. Malathion is 
also used in USDA's Cotton Boll Weevil Eradication Program, Fruit Fly 
(Medfly) Control Program, and for mosquito-borne disease control. It is 
also registered for outdoor residential uses which include vegetable 
gardens, home orchards, and ornamentals. EPA has completed a draft 
biological evaluation to assess whether all registered uses of 
malathion may affect listed species and designated critical habitat. 
The draft malathion biological evaluation is viewable at: https://www.epa.gov/endangered-species/biological-evaluation-chapters-malathion. Comments on the draft biological evaluation for malathion 
should be submitted to the malathion registration review docket (EPA-
HQ-OPP-2009-0317) at http://www.regulations.gov.

IV. Public Review and Comment Opportunity

    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity, 
through this notice of availability, for interested parties to provide 
comments and input concerning the Agency's draft biological evaluations 
for chlorpyrifos, diazinon, and malathion. Such comments and input 
could address, among other things, the Agency's risk assessment 
methodologies and assumptions, as applied to these draft biological 
evaluations. The Agency will consider all comments received during the 
public comment period and make changes, as appropriate, to the draft 
biological evaluations. EPA will then issue final biological 
evaluations, explain any changes to the draft biological evaluations, 
and respond to comments. For those species and designated critical 
habitats where registered uses of the pesticides are ``likely to 
adversely affect'' species and/or habitat, USFWS and NMFS will utilize 
the analyses and data from the biological evaluations in their final 
Biological Opinions for each of the three chemicals. The final 
Biological Opinions for the three chemicals are currently scheduled for 
December 2017. In the Federal Register notice announcing the 
availability of the final biological evaluations, if the final 
biological evaluations indicate risks of concern, the Agency may 
provide a comment period for the public to submit suggestions for 
mitigating the risk identified in the final biological evaluations 
before developing proposed registration review decisions for 
chlorpyrifos, diazinon, and malathion.
    1. Other related information. Additional information on endangered 
species risk assessment and the NAS report recommendations are 
available at https://www.epa.gov/endangered-species/implementing-nas-report-recommendations-ecological-risk-assessment-endangered-and. 
Information on the Agency's registration review program and its 
implementing regulation is available at https://www.epa.gov/pesticide-reevaluation.
    2. Information submission requirements. Anyone may submit data or 
information in response to this document. To be considered during a 
pesticide's registration review, the submitted data or information must 
meet the following requirements:
     To ensure that EPA will consider data or information 
submitted, interested persons must submit the data or information 
during the comment period. The Agency may, at its discretion, consider 
data or information submitted at a later date.
     The data or information submitted must be presented in a 
legible and useable form. For example, an English translation must 
accompany any material that is not in English, and a written transcript 
must accompany any information submitted as an audiographic or 
videographic record. Written material may be submitted in paper or 
electronic form.
     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: March 28, 2016.
Michael Goodis,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2016-08279 Filed 4-8-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                                       Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                           21341

                                                  submitted data or information must                             Dated: March 31, 2016.                              likely to jeopardize the continued
                                                  meet the following requirements:                             Yu-Ting Guilaran,                                     existence of any listed species or result
                                                     • To ensure that EPA will consider                        Director, Pesticide Re-evaluation Division,           in the destruction or adverse
                                                  data or information submitted,                               Office of Pesticide Programs.                         modification of designated critical
                                                  interested persons must submit the data                      [FR Doc. 2016–08280 Filed 4–8–16; 8:45 am]            habitat.
                                                  or information during the comment                            BILLING CODE 6560–50–P
                                                                                                                                                                     DATES:  Comments must be received on
                                                  period. The Agency may, at its
                                                                                                                                                                     or before June 10, 2016.
                                                  discretion, consider data or information
                                                  submitted at a later date.                                   ENVIRONMENTAL PROTECTION                              ADDRESSES: Submit your comments,
                                                     • The data or information submitted                       AGENCY                                                identified by docket identification (ID)
                                                  must be presented in a legible and                                                                                 number EPA–HQ–OPP–2016–0167, by
                                                                                                               [EPA–HQ–OPP–2016–0167; FRL–9944–32]                   one of the following methods:
                                                  useable form. For example, an English
                                                  translation must accompany any                               Chlorpyrifos, Diazinon, and Malathion                   • Federal eRulemaking Portal: http://
                                                  material that is not in English and a                        Registration Review; Draft Biological                 www.regulations.gov. Follow the online
                                                  written transcript must accompany any                        Evaluations; Notice of Availability                   instructions for submitting comments.
                                                  information submitted as an                                                                                        Do not submit electronically any
                                                  audiographic or videographic record.                         AGENCY: Environmental Protection                      information you consider to be
                                                  Written material may be submitted in                         Agency (EPA).                                         Confidential Business Information (CBI)
                                                  paper or electronic form.                                    ACTION: Notice.                                       or other information whose disclosure is
                                                     • Submitters must clearly identify the                    SUMMARY:    EPA is announcing the
                                                                                                                                                                     restricted by statute.
                                                  source of any submitted data or                                                                                      • Mail: OPP Docket, Environmental
                                                                                                               availability of the draft biological
                                                  information.                                                                                                       Protection Agency Docket Center (EPA/
                                                                                                               evaluations for the registration reviews
                                                     • Submitters may request the Agency                       of all uses of chlorpyrifos, diazinon, and
                                                                                                                                                                     DC), (28221T), 1200 Pennsylvania Ave.
                                                  to reconsider data or information that                                                                             NW., Washington, DC 20460–0001.
                                                                                                               malathion for public review and
                                                  the Agency rejected in a previous                            comment. Registration review is EPA’s                   • Hand Delivery: To make special
                                                  review. However, submitters must                             periodic review of pesticide                          arrangements for hand delivery or
                                                  explain why they believe the Agency                          registrations to ensure that each                     delivery of boxed information, please
                                                  should reconsider the data or                                pesticide continues to satisfy the                    follow the instructions at http://
                                                  information in the pesticide’s                               statutory standard for registration, that             www.epa.gov/dockets/contacts.html.
                                                  registration review.                                         is, the pesticide can perform its                       Additional instructions on
                                                     As provided in 40 CFR 155.58, the                         intended function without unreasonable                commenting or visiting the docket,
                                                  registration review docket for each                          adverse effects. Through the registration             along with more information about
                                                  pesticide case will remain publicly                          review program, EPA is ensuring that                  dockets generally, is available at http://
                                                  accessible through the duration of the                       each pesticide’s registration is based on             www.epa.gov/dockets.
                                                  registration review process; that is, until                  the most current scientific methods.                  FOR FURTHER INFORMATION CONTACT: For
                                                  all actions required in the final decision                   Furthermore, EPA is meeting its                       pesticide specific information contact:
                                                  on the registration review case have                         obligation under section 7 of the                     The Chemical Review Manager for the
                                                  been completed.                                              Endangered Species Act by ensuring                    pesticide of interest identified in the
                                                     Authority: 7 U.S.C. 136 et seq.                           that each pesticide’s registration is not             following table.

                                                     Registration review case name                        Pesticide docket ID No.                 Chemical review manager, telephone number, email address
                                                                 and No.

                                                  Chlorpyrifos, 100 .............................    EPA–HQ–OPP–2008–0850 ...........        Dana Friedman, 703–347–8827, friedman.dana@epa.gov.
                                                  Diazinon, 238 ..................................   EPA–HQ–OPP–2008–0351 ...........        Khue Nguyen, 703–347–0248, nguyen.khue@epa.gov.
                                                  Malathion, 248 .................................   EPA–HQ–OPP–2009–0317 ...........        Steven Snyderman, 703–347–0249, Snyderman.steven@epa.gov.



                                                    For general questions on the                               of the public interested in the sale,                 the part or all of the information that
                                                  registration review program, contact:                        distribution, or use of pesticides and/or             you claim to be CBI. For CBI
                                                  Richard Dumas, Pesticide Re-Evaluation                       the potential impacts of pesticide use on             information in a disk or CD–ROM that
                                                  Division (7508P), Office of Pesticide                        listed species and designated critical                you mail to EPA, mark the outside of the
                                                  Programs, Environmental Protection                           habitat. Since others also may be                     disk or CD–ROM as CBI and then
                                                  Agency, 1200 Pennsylvania Ave. NW.,                          interested, the Agency has not                        identify electronically within the disk or
                                                  Washington, DC 20460–0001; telephone                         attempted to describe all the specific                CD–ROM the specific information that
                                                  number: (703) 308–8015; email address:                       entities that may be affected by this                 is claimed as CBI. In addition to one
                                                  dumas.richard@epa.gov.                                       action. If you have any questions                     complete version of the comment that
                                                                                                               regarding the applicability of this action            includes information claimed as CBI, a
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                               to a particular entity, consult the                   copy of the comment that does not
                                                  I. General Information                                       Chemical Review Manager for the                       contain the information claimed as CBI
                                                                                                               pesticide of interest identified under                must be submitted for inclusion in the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  A. Does this action apply to me?
                                                                                                               FOR FURTHER INFORMATION CONTACT.                      public docket. Information so marked
                                                    This action is directed to the public                                                                            will not be disclosed except in
                                                                                                               B. What should I consider as I prepare
                                                  in general, and may be of interest to a                                                                            accordance with procedures set forth in
                                                                                                               my comments for EPA?
                                                  wide range of stakeholders including                                                                               40 CFR part 2.
                                                  environmental, farm worker, and                                1. Submitting CBI. Do not submit this                  2. Tips for preparing your comments.
                                                  agricultural advocates; the chemical                         information to EPA through                            When preparing and submitting your
                                                  industry; pesticide users; and members                       regulations.gov or email. Clearly mark                comments, see the commenting tips at


                                             VerDate Sep<11>2014      18:37 Apr 08, 2016     Jkt 238001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:\FR\FM\11APN1.SGM   11APN1


                                                  21342                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  http://www.epa.gov/dockets/                             evaluations, explain any changes,                     were included in the first Biological
                                                  comments.html.                                          respond to comments, and may request                  Opinion issued by NMFS in response to
                                                     3. Environmental justice. EPA seeks to               public input on risk mitigation before                litigation brought by the Washington
                                                  achieve environmental justice, the fair                 completing proposed registration review               Toxics Coalition (WTC) with regard to
                                                  treatment and meaningful involvement                    decisions for chlorpyrifos, diazinon, and             salmonids in the Pacific Northwest.
                                                  of any group, including minority and/or                 malathion. For those species and                      This Biological Opinion was later
                                                  low income populations, in the                          designated critical habitats where                    remanded to NMFS by the U.S. Court of
                                                  development, implementation, and                        registered uses of the pesticides are                 Appeals for the 3rd Circuit. The interim
                                                  enforcement of environmental laws,                      ‘‘likely to adversely affect’’ species and/           scientific approaches used in the draft
                                                  regulations, and policies. To help                      or habitat, USFWS and NMFS will                       biological evaluations for chlorpyrifos,
                                                  address potential environmental justice                 utilize the analyses and data from the                diazinon, and malathion were
                                                  issues, the Agency seeks information on                 biological evaluations in their final                 developed based on a collaborative
                                                  any groups or segments of the                           Biological Opinions for each of the three             effort among the agencies, and will be
                                                  population who, as a result of their                    chemicals.                                            refined based on the public comments
                                                  location, cultural practices, or other                                                                        received on the draft biological
                                                                                                          B. What is the agency’s authority for
                                                  factors, may have atypical or                                                                                 evaluations as well as input from an
                                                                                                          taking this action?
                                                  disproportionately high and adverse                                                                           ESA stakeholder workshop planned for
                                                  human health impacts or environmental                      EPA is conducting its registration                 the summer of 2016. More information
                                                  effects from exposure to the pesticides                 review of chlorpyrifos, diazinon, and                 on this process is available at https://
                                                  discussed in this document, compared                    malathion pursuant to section 3(g) of the             www.epa.gov/endangered-species/
                                                  to the general population.                              Federal Insecticide, Fungicide, and                   implementing-nas-report-
                                                                                                          Rodenticide Act (FIFRA), 7 U.S.C. 136                 recommendations-ecological-risk-
                                                  II. Executive Summary                                   et seq., and the Procedural Regulations               assessment-endangered-and.
                                                  A. What action is the agency taking?                    for Registration Review at 40 CFR part                   Chlorpyrifos is an organophosphate
                                                                                                          155, subpart C. Section 3(g) of FIFRA                 (OP) insecticide, acaricide, and miticide
                                                     EPA is providing an opportunity for                  provides, among other things, that the                used to control a variety of insects on
                                                  public review of its draft biological                   registrations of pesticides are to be                 a variety of food and feed crops.
                                                  evaluations for the registration reviews                reviewed every 15 years. Under FIFRA,                 Currently registered uses include a
                                                  of chlorpyrifos, diazinon, and                          a pesticide product may be registered, or             variety of fruits, nuts, vegetables, grains,
                                                  malathion. Registration review is EPA’s                 remain registered, only if it meets the               and non-agricultural areas (such golf
                                                  periodic review of pesticide                            statutory standard for registration given             course turf, industrial sites, greenhouses
                                                  registrations to ensure that each                       in FIFRA section 3(c)(5) (7 U.S.C.                    and nurseries, sod farms, and wood
                                                  pesticide continues to satisfy the                      136a(c)(5)). When used in accordance                  products). Public health uses include
                                                  statutory standard for registration, that               with widespread and commonly                          aerial and ground-based fogger
                                                  is, the pesticide can perform its                       recognized practice, the pesticide                    treatments to control mosquitoes. There
                                                  intended function without unreasonable                  product must perform its intended                     are also residential uses of ant and roach
                                                  adverse effects. As part of the                         function without unreasonable adverse                 bait products and fire ant mound
                                                  registration review process, the Agency                 effects on the environment; that is,                  treatments. EPA has completed a draft
                                                  has completed comprehensive draft                       without any unreasonable risk to man or               biological evaluation to assess whether
                                                  biological evaluations for all                          the environment.                                      all registered uses of chlorpyrifos may
                                                  chlorpyrifos, diazinon, and malathion                      EPA develops endangered species                    affect listed species and designated
                                                  uses.                                                   biological evaluations and consults with              critical habitat. The chlorpyrifos draft
                                                     These draft biological evaluations                   the Services pursuant to section 7(a)(2)              biological evaluation is viewable at:
                                                  represent the first ever nationwide                     of the Endangered Species Act (ESA), 16               https://www.epa.gov/endangered-
                                                  assessments of these pesticides to                      U.S.C. 1531 et seq., and the                          species/biological-evaluation-chapters-
                                                  federally endangered and threatened                     implementing regulations at 50 CFR part               chlorpyrifos. Comments on the draft
                                                  species (i.e., listed species) and                      402.                                                  biological evaluation for chlorpyrifos
                                                  designated critical habitat. The interim                                                                      should be submitted to the chlorpyrifos
                                                  scientific methods used in these draft                  III. Registration Reviews
                                                                                                                                                                registration review docket (EPA–HQ–
                                                  biological evaluations were developed                      As directed by FIFRA section 3(g),                 OPP–2008–0850) at http://
                                                  collaboratively with the U.S. Fish and                  EPA is reviewing the pesticide                        www.regulations.gov.
                                                  Wildlife Service (USFWS) and the                        registrations for chlorpyrifos, diazinon,                Diazinon is a restricted use OP
                                                  National Marine Fisheries Service                       and malathion to ensure that these                    insecticide currently registered for use
                                                  (NMFS), hereafter referred to as the                    registrations continue to satisfy the                 on a number of fruits, vegetables, nuts,
                                                  Services, based on recommendations                      FIFRA standard for registration—that is,              ornamentals, and in cattle ear tags. All
                                                  from the April 2013 National Academy                    that chlorpyrifos, diazinon, and                      residential uses were phased out as part
                                                  of Sciences (NAS) report ‘‘Assessing                    malathion can still be used without                   of risk mitigation during reregistration,
                                                  Risks to Endangered and Threatened                      unreasonable adverse effects.                         and there are currently no residential
                                                  Species from Pesticides.’’ As part of this                 EPA has been collaborating with the                uses. EPA has completed a draft
                                                  effort, the U.S. Department of                          Services to develop interim scientific                biological evaluation to assess whether
                                                  Agriculture has provided expertise on                   approaches to assess the impact of                    all registered uses of diazinon may
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                                                  crop production and pesticide uses and                  pesticides on listed species and                      affect listed species and designated
                                                  assistance with the use of the National                 designated critical habitat, as required              critical habitat. The diazinon draft
                                                  Agricultural Statistics Service Cropland                by ESA and as recommended by the                      biological evaluation is viewable at:
                                                  Data Layer to help define the footprint                 April 2013 NAS report. Chlorpyrifos,                  https://www.epa.gov/endangered-
                                                  of agricultural use patterns.                           diazinon, and malathion were selected                 species/biological-evaluation-chapters-
                                                     After reviewing comments received                    for the development and                               diazinon. Comments on the draft
                                                  during the public comment period, EPA                   implementation of these interim                       biological evaluation for diazinon
                                                  will issue revised final biological                     approaches because these pesticides                   should be submitted to the diazinon


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                                                                                 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                           21343

                                                  registration review docket (EPA–HQ–                     evaluations before developing proposed                ENVIRONMENTAL PROTECTION
                                                  OPP–2008–0351) at http://                               registration review decisions for                     AGENCY
                                                  www.regulations.gov.                                    chlorpyrifos, diazinon, and malathion.
                                                    Malathion is a non-systemic, wide                        1. Other related information.                      [FRL–9944–85–Region 1]
                                                  spectrum OP. It is used in the                          Additional information on endangered
                                                  agricultural production of a wide variety               species risk assessment and the NAS                   2016 Spring Joint Meeting of the
                                                  of food/feed crops to control insects                   report recommendations are available at               Ozone Transport Commission and the
                                                  such as aphids, leafhoppers, and                                                                              Mid-Atlantic Northeast Visibility Union
                                                                                                          https://www.epa.gov/endangered-
                                                  Japanese beetles. Malathion is also used
                                                                                                          species/implementing-nas-report-                      AGENCY: Environmental Protection
                                                  in USDA’s Cotton Boll Weevil
                                                                                                          recommendations-ecological-risk-                      Agency (EPA).
                                                  Eradication Program, Fruit Fly (Medfly)
                                                                                                          assessment-endangered-and.                            ACTION: Notice of meeting.
                                                  Control Program, and for mosquito-
                                                                                                          Information on the Agency’s registration
                                                  borne disease control. It is also
                                                                                                          review program and its implementing                   SUMMARY:    The United States
                                                  registered for outdoor residential uses
                                                                                                          regulation is available at https://                   Environmental Protection Agency is
                                                  which include vegetable gardens, home
                                                                                                          www.epa.gov/pesticide-reevaluation.                   announcing the joint 2016 Spring
                                                  orchards, and ornamentals. EPA has
                                                  completed a draft biological evaluation                    2. Information submission                          Meeting of the Ozone Transport
                                                  to assess whether all registered uses of                requirements. Anyone may submit data                  Commission (OTC) and the Mid-
                                                  malathion may affect listed species and                 or information in response to this                    Atlantic Northeast Visibility Union
                                                  designated critical habitat. The draft                  document. To be considered during a                   (MANE–VU). The meeting agenda will
                                                  malathion biological evaluation is                      pesticide’s registration review, the                  include topics regarding reducing
                                                  viewable at: https://www.epa.gov/                       submitted data or information must                    ground-level ozone precursors and
                                                  endangered-species/biological-                          meet the following requirements:                      matters relative to Regional Haze and
                                                  evaluation-chapters-malathion.                                                                                visibility improvement in Federal Class
                                                                                                             • To ensure that EPA will consider                 I areas in a multi-pollutant context.
                                                  Comments on the draft biological                        data or information submitted,
                                                  evaluation for malathion should be                      interested persons must submit the data               DATES: The meeting will be held on June
                                                  submitted to the malathion registration                 or information during the comment                     3, 2016 starting at 9:15 a.m. and ending
                                                  review docket (EPA–HQ–OPP–2009–                         period. The Agency may, at its                        at 4:00 p.m.
                                                  0317) at http://www.regulations.gov.                    discretion, consider data or information              ADDRESSES: Palomar Philadelphia, 117
                                                  IV. Public Review and Comment                           submitted at a later date.                            South 17th Street, Philadelphia, PA
                                                                                                                                                                19103, 215–563–5006.
                                                  Opportunity                                                • The data or information submitted
                                                                                                          must be presented in a legible and                    FOR FURTHER INFORMATION CONTACT:
                                                     Pursuant to 40 CFR 155.53(c), EPA is
                                                  providing an opportunity, through this                  useable form. For example, an English                    For documents and press inquiries
                                                  notice of availability, for interested                  translation must accompany any                        contact: Ozone Transport Commission,
                                                  parties to provide comments and input                   material that is not in English, and a                444 North Capitol Street NW., Suite 322,
                                                  concerning the Agency’s draft biological                written transcript must accompany any                 Washington, DC 20001; (202) 508–3840;
                                                  evaluations for chlorpyrifos, diazinon,                 information submitted as an                           email: ozone@otcair.org; Web site:
                                                  and malathion. Such comments and                        audiographic or videographic record.                  http://www.otcair.org.
                                                  input could address, among other                        Written material may be submitted in                  SUPPLEMENTARY INFORMATION: The Clean
                                                  things, the Agency’s risk assessment                    paper or electronic form.                             Air Act Amendments of 1990 contain at
                                                  methodologies and assumptions, as                          • Submitters must clearly identify the             section 184 provisions for the Control of
                                                  applied to these draft biological                       source of any submitted data or                       Interstate Ozone Air Pollution. Section
                                                  evaluations. The Agency will consider                   information.                                          184(a) establishes an Ozone Transport
                                                  all comments received during the public                                                                       Region (OTR) comprised of the States of
                                                  comment period and make changes, as                        • Submitters may request the Agency                Connecticut, Delaware, Maine,
                                                  appropriate, to the draft biological                    to reconsider data or information that                Maryland, Massachusetts, New
                                                  evaluations. EPA will then issue final                  the Agency rejected in a previous                     Hampshire, New Jersey, New York,
                                                  biological evaluations, explain any                     review. However, submitters must                      Pennsylvania, Rhode Island, Vermont,
                                                  changes to the draft biological                         explain why they believe the Agency                   parts of Virginia and the District of
                                                  evaluations, and respond to comments.                   should reconsider the data or                         Columbia. The purpose of the OTC is to
                                                  For those species and designated critical               information in the pesticide’s                        deal with ground-level ozone formation,
                                                  habitats where registered uses of the                   registration review.                                  transport, and control within the OTR.
                                                  pesticides are ‘‘likely to adversely                       As provided in 40 CFR 155.58, the                     The Mid-Atlantic/Northeast Visibility
                                                  affect’’ species and/or habitat, USFWS                  registration review docket for each                   Union (MANE–VU) was formed in 2001,
                                                  and NMFS will utilize the analyses and                  pesticide case will remain publicly                   in response to EPA’s issuance of the
                                                  data from the biological evaluations in                 accessible through the duration of the                Regional Haze rule. MANE–VU’s
                                                  their final Biological Opinions for each                registration review process; that is, until           members include: Connecticut,
                                                  of the three chemicals. The final                       all actions required in the final decision            Delaware, the District of Columbia,
                                                  Biological Opinions for the three                       on the registration review case have                  Maine, Maryland, Massachusetts, New
                                                  chemicals are currently scheduled for                   been completed.                                       Hampshire, New Jersey, New York,
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                                                  December 2017. In the Federal Register                    Authority: 7 U.S.C. 136 et seq.                     Pennsylvania, Rhode Island, Vermont,
                                                  notice announcing the availability of the                                                                     the Penobscot Indian Nation, the St.
                                                  final biological evaluations, if the final                Dated: March 28, 2016.                              Regis Mohawk Tribe along with EPA
                                                  biological evaluations indicate risks of                Michael Goodis,                                       and Federal Land Managers.
                                                  concern, the Agency may provide a                       Acting Director, Pesticide Re-Evaluation                 Type of Meeting: Open.
                                                  comment period for the public to submit                 Division, Office of Pesticide Programs.                  Agenda: Copies of the final agenda
                                                  suggestions for mitigating the risk                     [FR Doc. 2016–08279 Filed 4–8–16; 8:45 am]            will be available from the OTC office
                                                  identified in the final biological                      BILLING CODE 6560–50–P                                (202) 508–3840; by email: ozone@


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Document Created: 2016-04-09 00:11:39
Document Modified: 2016-04-09 00:11:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received on or before June 10, 2016.
ContactFor pesticide specific information contact: The Chemical Review Manager for the pesticide of interest identified in the following table.
FR Citation81 FR 21341 

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