83 FR 12754 - Chlorpyrifos, Diazinon, and Malathion; National Marine Fisheries Service Biological Opinion Issued Under the Endangered Species Act; Notice of Availability

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 57 (March 23, 2018)

Page Range		12754-12755
FR Document		2018-06026

The Environmental Protection Agency (EPA) is seeking comment on the final Biological Opinion (BiOp) issued under the Endangered Species Act (ESA) by the National Marine Fisheries Service (NMFS), regarding the potential effects of chlorpyrifos, malathion, and diazinon on federally listed threatened or endangered species (listed species) and their designated critical habitats.

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)

[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12754-12755]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06026]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0141; FRL-9975-59]


Chlorpyrifos, Diazinon, and Malathion; National Marine Fisheries 
Service Biological Opinion Issued Under the Endangered Species Act; 
Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is seeking comment 
on the final Biological Opinion (BiOp) issued under the Endangered 
Species Act (ESA) by the National Marine Fisheries Service (NMFS), 
regarding the potential effects of chlorpyrifos, malathion, and 
diazinon on federally listed threatened or endangered species (listed 
species) and their designated critical habitats.

DATES: Comments must be received on or before May 22, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2018-0141, 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: Tracy Perry, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 308-0128; 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.

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 http://www.epa.gov/dockets/comments.html.

C. How can I get copies of this document and other related information?

    A copy of the Biological Opinion on Pesticides: Chlorpyrifos, 
Diazinon, and Malathion is available in the docket under docket 
identification (ID) number EPA-HQ-OPP-2018-0141.

II. What action is the Agency taking?

A. Authority

    The ESA requires Federal agencies, such as EPA, to ensure that 
their actions are not likely to jeopardize the continued existence of 
species listed as threatened or endangered under the ESA, or destroy or 
adversely modify the designated critical habitat of such species. The 
registration of a pesticide under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) constitutes an EPA ``action'' under the 
ESA. If EPA determines a pesticide may affect a listed species or its 
designated critical habitat, EPA must initiate consultation with the 
U.S. Fish and Wildlife Service (FWS) or NMFS (the Service or Services), 
as appropriate. In response to a Federal agency initiating formal 
consultation, the Service(s) develops a BiOp in which it provides its 
opinion on whether the ``action'' is likely to jeopardize the continued 
existence of a listed species and/or is likely to destroy or adversely 
modify designated critical habitat and, if so, describes reasonable and 
prudent alternatives (RPAs) to avoid the determination. The BiOp will 
also address whether the action will result in incidental take of 
listed species and, if so, provide a statement specifying the amount of 
any permitted incidental take and setting forth reasonable and prudent 
measures (RPMs) necessary or appropriate to minimize the impact of such 
take.

B. Background

    Consistent with EPA's responsibility under the ESA, on January 18, 
2017, EPA released national-level endangered species Biological 
Evaluations (BEs) for chlorpyrifos, diazinon, and malathion to

[[Page 12755]]

assess risks to listed species from registered uses of these 
pesticides. These BEs were completed in accordance with the joint 
Interim Approaches developed to implement the recommendations of the 
April 2013 National Academy of Sciences (NAS) report, Assessing Risks 
to Endangered and Threatened Species from Pesticides. The NAS report 
outlined recommendations on specific scientific and technical issues 
related to the development of pesticide risk assessments that EPA and 
the FWS and NMFS must conduct to meet their obligations under the ESA. 
In November 2013, the Services, EPA, and the U.S. Department of 
Agriculture (USDA) released a white paper containing a summary of their 
joint Interim Approaches for assessing risks to listed species from 
pesticides. Details of the joint Interim Approaches are contained in 
the November 1, 2013 white paper Interim Approaches for National-Level 
Pesticide Endangered Species Act Assessments Based on the 
Recommendations of the National Academy of Sciences April 2013 Report. 
The methods developed as part of the joint Interim Approaches will 
continue to be vetted before EPA utilizes these methods broadly to meet 
its ESA obligations. 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.
    On December 29, 2017, in response to a court-ordered deadline in 
the case of Nw. Coal. for Alternatives to Pesticides, et al. v. NMFS, 
Stipulation and Order, Dkt. 50, No. 07-1791-RSL (D. Wash. May 21, 
2014), NMFS transmitted to EPA its final BiOp regarding the effects of 
the registration review under section 3 of FIFRA of these pesticides on 
listed species. The BiOp addressed the effects of these three 
pesticides on 77 listed species and 50 designated critical habitats 
and, in sum, 38 different species would likely be jeopardized with 
extinction and 37 critical habitat units would be destroyed or 
adversely modified. NMFS had sought from the court, but was not 
provided, additional time to complete the BiOp. On January 8, 2018, EPA 
confirmed receipt of the BiOp and informed NMFS of EPA's intention to 
reinitiate informal consultation on the BiOp so that the consultation 
on the pesticides could be informed by (1) input from stakeholders, (2) 
further interagency discussion and agreement on the jeopardy 
determination interim methods, and (3) additional data and analysis, 
including consideration of the best scientific and commercial data 
available on use and usage information. On February 21, 2018, EPA sent 
NMFS a letter requesting informal consultation on the same action. EPA 
will use the information and analysis received and developed in the 
course of the informal consultation to inform whether formal 
reinitiation of consultation on the BiOp is appropriate.

C. Public Involvement Process

    As a result of the U.S. District Court Western District of 
Washington at Seattle's failure to extend NMFS's court-ordered 
deadline, NMFS issued the final BiOp without having received input from 
the public and applicants (pesticide registrants), which is at odds 
with EPA's 2013 public stakeholder process for ESA consultations--an 
open and transparent process supported by the Services, EPA, and USDA. 
As explained in the 2013 public stakeholder document, stakeholder input 
is critical to the development and evaluation of any measures EPA may 
implement to address risks to listed species and designated critical 
habitat. Accordingly, EPA is seeking comment on the BiOp to receive 
stakeholder and public input prior to either reinitiating consultation 
on the BiOp or implementing the measures of BiOp. EPA will evaluate the 
input received in determining how it will proceed with respect to the 
final BiOp.

D. Public Comments Sought

    The BiOp for chlorpyrifos, diazinon, and malathion is being 
included in the docket (EPA-HQ-OPP-2018-0141) to seek input on NMFS's 
jeopardy findings, RPMs and RPAs, and to solicit additional use and 
usage information. Specifically:
    1. Comments on the scientific approaches and data sources used to 
support the BiOp and reach determinations for the listed species and 
critical habitat.
    2. Comments on the RPAs and RPMs. Can they be reasonably 
implemented? If not, describe why not. Are there different measures 
that may provide equivalent protection to the ones in the BiOp but 
result in less impact to pesticide users?
    3. Comments on national- and state-level use and usage data and 
information. In particular, EPA is seeking usage data and information 
for non-agricultural use sites (e.g., nurseries, managed forests, 
pasture, rights-of-way, golf courses, and wide-area mosquito control). 
If possible, provide sources of data and information that should be 
considered.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 15, 2018.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2018-06026 Filed 3-22-18; 8:45 am]
 BILLING CODE 6560-50-P

12754 Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

Ends: 04/23/2018, Contact: Mickey ADDRESSES: Submit your comments, includes information claimed as CBI, a
Sugg 910–251–4811 identified by docket identification (ID) copy of the comment that does not
EIS No. 20180044, Final, USFS, WY, number EPA–HQ–OPP–2018–0141, by contain the information claimed as CBI
North Savery Project, Review Period one of the following methods: must be submitted for inclusion in the
Ends: 04/23/2018, Contact: Paula • Federal eRulemaking Portal: http:// public docket. Information so marked
Guenther 307–745–2310 or 307–326– www.regulations.gov. Follow the online will not be disclosed except in
5258 instructions for submitting comments. accordance with procedures set forth in
EIS No. 20180045, Draft, NMFS, OR, Do not submit electronically any 40 CFR part 2.
Draft Environmental Impact information you consider to be 2. Tips for preparing your comments.
Statement to Analyze Impacts of Confidential Business Information (CBI) When preparing and submitting your
NOAA’s National Marine Fisheries or other information whose disclosure is comments, see the commenting tips at
Service Proposed Approval of restricted by statute. http://www.epa.gov/dockets/
Hatchery and Genetic Management • Mail: OPP Docket, Environmental comments.html.
Plans for Spring Chinook Salmon, Protection Agency Docket Center (EPA/
Steelhead, and Rainbow Trout in the DC), (28221T), 1200 Pennsylvania Ave. C. How can I get copies of this
Upper Willamette River Basin NW, Washington, DC 20460–0001. document and other related
Pursuant to Section 4(d) of the • Hand Delivery: To make special information?
Endangered Species Act, Comment arrangements for hand delivery or A copy of the Biological Opinion on
Period Ends: 05/07/2018, Contact: delivery of boxed information, please Pesticides: Chlorpyrifos, Diazinon, and
Lance Kruzic 541–957–3381 follow the instructions at http:// Malathion is available in the docket
EIS No. 20180046, Draft, BLM, WY, www.epa.gov/dockets/contacts.html. under docket identification (ID) number
Draft Environmental Impact Additional instructions on EPA–HQ–OPP–2018–0141.
Statement: Riley Ridge to Natrona commenting or visiting the docket,
along with more information about II. What action is the Agency taking?
Project, Comment Period Ends: 05/07/
2018, Contact: Mark Mackiewicz 435– dockets generally, is available at http:// A. Authority
636–3613 www.epa.gov/dockets.
The ESA requires Federal agencies,
EIS No. 20180047, Draft Supplement, FOR FURTHER INFORMATION CONTACT:
such as EPA, to ensure that their actions
BLM, AK, Alpine Satellite Tracy Perry, Pesticide Re-Evaluation are not likely to jeopardize the
Development Plan for the Proposed Division (7508P), Office of Pesticide continued existence of species listed as
Greater Mooses Tooth 2 Development Programs, Environmental Protection threatened or endangered under the
Project, Comment Period Ends: 05/07/ Agency, 1200 Pennsylvania Ave. NW, ESA, or destroy or adversely modify the
2018, Contact: Stephanie Rice 907– Washington, DC 20460–0001; telephone designated critical habitat of such
271–3202 number: (703) 308–0128; email address: species. The registration of a pesticide
Dated: March 19, 2018. Perry.Tracy@epa.gov. under the Federal Insecticide,
Kelly Knight, SUPPLEMENTARY INFORMATION: Fungicide, and Rodenticide Act (FIFRA)
Director, NEPA Compliance Division, Office I. General Information constitutes an EPA ‘‘action’’ under the
of Federal Activities. ESA. If EPA determines a pesticide may
[FR Doc. 2018–05893 Filed 3–22–18; 8:45 am]
A. Does this action apply to me? affect a listed species or its designated
BILLING CODE 6560–50–P This action is directed to the public critical habitat, EPA must initiate
in general, and may be of interest to a consultation with the U.S. Fish and
wide range of stakeholders including Wildlife Service (FWS) or NMFS (the
ENVIRONMENTAL PROTECTION environmental, farm worker, and Service or Services), as appropriate. In
AGENCY agricultural advocates; the chemical response to a Federal agency initiating
industry; pesticide users; and members formal consultation, the Service(s)
[EPA–HQ–OPP–2018–0141; FRL–9975–59]
of the public interested in the sale, develops a BiOp in which it provides its
Chlorpyrifos, Diazinon, and Malathion; distribution, or use of pesticides and/or opinion on whether the ‘‘action’’ is
National Marine Fisheries Service the potential impacts of pesticide use on likely to jeopardize the continued
Biological Opinion Issued Under the listed species and designated critical existence of a listed species and/or is
Endangered Species Act; Notice of habitat. Since others also may be likely to destroy or adversely modify
Availability interested, the Agency has not designated critical habitat and, if so,
attempted to describe all the specific describes reasonable and prudent
AGENCY: Environmental Protection entities that may be affected by this alternatives (RPAs) to avoid the
Agency (EPA). action. determination. The BiOp will also
ACTION: Notice. address whether the action will result in
B. What should I consider as I prepare incidental take of listed species and, if
SUMMARY: The Environmental Protection my comments for EPA? so, provide a statement specifying the
Agency (EPA) is seeking comment on 1. Submitting CBI. Do not submit this amount of any permitted incidental take
the final Biological Opinion (BiOp) information to EPA through and setting forth reasonable and prudent
issued under the Endangered Species regulations.gov or email. Clearly mark measures (RPMs) necessary or
Act (ESA) by the National Marine the part or all of the information that appropriate to minimize the impact of
Fisheries Service (NMFS), regarding the you claim to be CBI. For CBI such take.
amozie on DSK30RV082PROD with NOTICES

potential effects of chlorpyrifos, information in a disk or CD–ROM that
malathion, and diazinon on federally you mail to EPA, mark the outside of the B. Background
listed threatened or endangered species disk or CD–ROM as CBI and then Consistent with EPA’s responsibility
(listed species) and their designated identify electronically within the disk or under the ESA, on January 18, 2017,
critical habitats. CD–ROM the specific information that EPA released national-level endangered
DATES: Comments must be received on is claimed as CBI. In addition to one species Biological Evaluations (BEs) for
or before May 22, 2018. complete version of the comment that chlorpyrifos, diazinon, and malathion to

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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices 12755

assess risks to listed species from additional data and analysis, including Authority: 7 U.S.C. 136 et seq.
registered uses of these pesticides. consideration of the best scientific and Dated: March 15, 2018.
These BEs were completed in commercial data available on use and Yu-Ting Guilaran,
accordance with the joint Interim usage information. On February 21, Director, Pesticide Re-Evaluation Division,
Approaches developed to implement 2018, EPA sent NMFS a letter requesting Office of Pesticide Programs.
the recommendations of the April 2013 informal consultation on the same
[FR Doc. 2018–06026 Filed 3–22–18; 8:45 am]
National Academy of Sciences (NAS) action. EPA will use the information
BILLING CODE 6560–50–P
report, Assessing Risks to Endangered and analysis received and developed in
and Threatened Species from Pesticides. the course of the informal consultation
The NAS report outlined to inform whether formal reinitiation of
recommendations on specific scientific consultation on the BiOp is appropriate. FEDERAL COMMUNICATIONS
and technical issues related to the COMMISSION
C. Public Involvement Process
development of pesticide risk [WC Docket No. 16–271; DA 18–197]
assessments that EPA and the FWS and As a result of the U.S. District Court
NMFS must conduct to meet their Western District of Washington at Connect America Fund—Alaska Plan
obligations under the ESA. In November Seattle’s failure to extend NMFS’s court-
2013, the Services, EPA, and the U.S. ordered deadline, NMFS issued the final AGENCY: Federal Communications
Department of Agriculture (USDA) BiOp without having received input Commission.
released a white paper containing a from the public and applicants ACTION: Notice.
summary of their joint Interim (pesticide registrants), which is at odds
with EPA’s 2013 public stakeholder SUMMARY: In this document, the
Approaches for assessing risks to listed
process for ESA consultations—an open Wireline Competition Bureau and
species from pesticides. Details of the
and transparent process supported by Wireless Telecommunications Bureau,
joint Interim Approaches are contained
the Services, EPA, and USDA. As grant in part and deny in part the Alaska
in the November 1, 2013 white paper
explained in the 2013 public Telephone Association’s Petition for
Interim Approaches for National-Level
stakeholder document, stakeholder Reconsideration of the Bureaus’ Map
Pesticide Endangered Species Act
input is critical to the development and Instructions PN and provide
Assessments Based on the
evaluation of any measures EPA may clarification regarding Alaska Plan
Recommendations of the National
implement to address risks to listed carriers’ map data filing obligations
Academy of Sciences April 2013 Report.
species and designated critical habitat. (map collection).
The methods developed as part of the
joint Interim Approaches will continue Accordingly, EPA is seeking comment DATES: Applicable date announcement:
to be vetted before EPA utilizes these on the BiOp to receive stakeholder and July 1, 2018 filing date.
methods broadly to meet its ESA public input prior to either reinitiating ADDRESSES: Federal Communications
obligations. Additional information on consultation on the BiOp or Commission, 445 12th Street SW,
endangered species risk assessment and implementing the measures of BiOp. Washington, DC 20554.
the NAS report recommendations are EPA will evaluate the input received in
FOR FURTHER INFORMATION CONTACT:
available at https://www.epa.gov/ determining how it will proceed with
Jesse Jachman, Wireline Competition
endangered-species/implementing-nas- respect to the final BiOp.
Bureau, (202) 418–7400 or TTY: (202)
report-recommendations-ecological- D. Public Comments Sought 418–0484.
risk-assessment-endangered-and. The BiOp for chlorpyrifos, diazinon, SUPPLEMENTARY INFORMATION: This is a
On December 29, 2017, in response to and malathion is being included in the summary of the Commission’s Order on
a court-ordered deadline in the case of docket (EPA–HQ–OPP–2018–0141) to Reconsideration in WC Docket No. 16–
Nw. Coal. for Alternatives to Pesticides, seek input on NMFS’s jeopardy 271; DA 18–197, adopted on February
et al. v. NMFS, Stipulation and Order, findings, RPMs and RPAs, and to solicit 28, 2018 and released on February 28,
Dkt. 50, No. 07–1791–RSL (D. Wash. additional use and usage information. 2018. The full text of this document is
May 21, 2014), NMFS transmitted to Specifically: available for public inspection during
EPA its final BiOp regarding the effects 1. Comments on the scientific regular business hours in the FCC
of the registration review under section approaches and data sources used to Reference Center, Room CY–A257, 445
3 of FIFRA of these pesticides on listed support the BiOp and reach 12th Street SW, Washington, DC 20554,
species. The BiOp addressed the effects determinations for the listed species and or at the following internet address:
of these three pesticides on 77 listed critical habitat. https://transition.fcc.gov/Daily_
species and 50 designated critical 2. Comments on the RPAs and RPMs. Releases/Daily_Business/2018/db0228/
habitats and, in sum, 38 different Can they be reasonably implemented? If DA-18-197A1.pdf.
species would likely be jeopardized not, describe why not. Are there
with extinction and 37 critical habitat I. Introduction
different measures that may provide
units would be destroyed or adversely equivalent protection to the ones in the 1. In this Order, the Wireline
modified. NMFS had sought from the BiOp but result in less impact to Competition Bureau (WCB) and
court, but was not provided, additional pesticide users? Wireless Telecommunications Bureau
time to complete the BiOp. On January 3. Comments on national- and state- (WTB) (collectively the Bureaus), grant
8, 2018, EPA confirmed receipt of the level use and usage data and in part and deny in part the Alaska
BiOp and informed NMFS of EPA’s information. In particular, EPA is Telephone Association’s (ATA) Petition
amozie on DSK30RV082PROD with NOTICES

intention to reinitiate informal seeking usage data and information for for Reconsideration of the Bureaus’ Map
consultation on the BiOp so that the non-agricultural use sites (e.g., Instructions PN and provide
consultation on the pesticides could be nurseries, managed forests, pasture, clarification regarding Alaska Plan
informed by (1) input from stakeholders, rights-of-way, golf courses, and wide- carriers’ map data filing obligations
(2) further interagency discussion and area mosquito control). If possible, (map collection). The Bureaus grant the
agreement on the jeopardy provide sources of data and information Petition in part with respect to the
determination interim methods, and (3) that should be considered. required data accuracy standard for the

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Document Created: 2018-11-01 08:53:56
Document Modified: 2018-11-01 08:53:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be received on or before May 22, 2018.
Contact		Tracy Perry, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation		83 FR 12754