Pesticides; Final Guidance for Pesticide Registrants on the Lists of Pests of Significant Public Health Importance (Pesticide Registration Notice 2023-1), 12929-12930 [2023-04155]

Download as PDF Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Notices communities? More information on WHEJAC charges is located online at: https://www.epa.gov/environmental justice/white-house-environmentaljustice-advisory-council under WHEJAC Membership and Workgroups. Priority to speak during the meeting will be given to public commenters with comments relevant to the topics and questions listed above. Every effort will be made to hear from as many registered public commenters during the time specified on the agenda. Individuals or groups making remarks during the public comment period will be limited to three (3) minutes. Please be prepared to briefly describe your issue and your recommendation relevant to the current charges, topics, and questions under consideration by the WHEJAC. Submitting written comments for the record is strongly encouraged. You can submit your written comments in three different ways: (1) by creating comments in the Docket ID No. EPA–HQ–OEJECR– 2023–0099 at https:// www.regulations.gov, (2) by using the webform at https://www.epa.gov/ environmentaljustice/forms/whitehouse-environmental-justice-advisorycouncil-whejac-public-comment, and (3) by sending comments via email to whejac@epa.gov. Written comments can be submitted through March 15, 2023. B. Information About Services for Individuals With Disabilities or Requiring English Language Translation Assistance For information about access or services for individuals requiring assistance, please contact Karen L. Martin via email at whejac@epa.gov or contact by phone at (202) 546–0203. To request special accommodations for a disability or other assistance, please submit your request at least five (5) working days prior to the meeting to give EPA sufficient time to process your request. All requests should be sent to the email listed in the FOR FURTHER INFORMATION CONTACT section. ddrumheller on DSK120RN23PROD with NOTICES Matthew Tejada, Deputy Assistant Administrator for Environmental Justice, Office of Environmental Justice and External Civil Rights. [FR Doc. 2023–04179 Filed 2–28–23; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2020–0260; FRL–8118–02– OCSPP] RIN 2070–ZA22 Pesticides; Final Guidance for Pesticide Registrants on the Lists of Pests of Significant Public Health Importance (Pesticide Registration Notice 2023–1) Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: The Environmental Protection Agency (EPA) is announcing the availability of a final Pesticide Registration Notice (PR Notice) entitled, ‘‘Lists of Pests of Significant Public Health Importance’’ and identified as PR Notice 2023–1. PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This PR Notice updates and replaces the PR Notice 2002–1, which identifies pests of significant public health importance. The Health and Human Services (HHS), United States Department of Agriculture (USDA), and the Environmental Protection Agency (EPA) determined that updating the lists to reflect the current public health situation were warranted because vector-borne diseases and related research has changed significantly since the original PR Notice was published almost 20 years ago. This update includes the addition or removal of pests, new impacts, renaming pests, or grouping pests of similar species. DATES: PR Notice 2023–1 is effective March 31, 2023. FOR FURTHER INFORMATION CONTACT: Susan Jennings, Immediate Office (7501M), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (706) 355–8574; email address: jennings.susan@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. General Information A. Does this action apply to me? BILLING CODE 6560–50–P This action is directed to the public in general, however, it may be of particular interest to those persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act VerDate Sep<11>2014 18:10 Feb 28, 2023 Jkt 259001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 12929 (FFDCA), or Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What is the Agency’s authority for taking this action? We are taking this action under FIFRA, 7 U.S.C. 136 et seq. FIFRA section 28(d) charges EPA with identifying ‘‘pests of significant public health importance.’’ FIFRA section 2(t) defines the term ‘‘pest’’ as meaning (1) any insect, rodent, nematode, fungus, weed, or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other microorganism on or in living man or other living animals) which the Administrator declares to be a pest under FIFRA section 25(c)(1). EPA previously exercised FIFRA section 25(c)(1) authority to make pest declarations, by amending the regulatory definition of ‘‘pest’’ at 40 CFR 152.5. The intended changes to the lists of pests of significant public health importance are within the statutory and regulatory definitions. C. How can I get copies of this document and other related information? The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2020–0260, is available through https://www.regulations.gov. Additional instructions on visiting the docket, along with more information about dockets generally, visit https:// www.epa.gov/dockets. II. What guidance does this PR Notice provide? This final PR Notice 2023–1 updates and replaces PR Notice 2002–1, which identifies pests of significant public health importance. The lists were first published in 2002, fulfilling the requirement of FIFRA section 28(d) to identify pests of significant public health importance (see the original lists: https://www.epa.gov/sites/production/ files/2014-04/documents/pr2002-1.pdf). EPA, HHS and USDA believe that pests, diseases, and control techniques have changed since 2002. The lists provide an interagency baseline for the federal government and the public to begin any discussions on government regulation and control of disease or vectors of E:\FR\FM\01MRN1.SGM 01MRN1 12930 Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES disease agents. EPA uses the lists of pests of significant public health importance to develop and implement programs to improve and facilitate the safe and necessary use of chemical, biological and other methods to control pests of public health importance. When a pest is added to these lists, it reflects a determination that the pest is a pest of significant public health importance and the lists serve as a public reference to that effect. The publication of the updated lists does not affect the regulatory status of any registration or application for registration of any specific pesticide product, therefore, registrants do not need to take any action. EPA announced the availability and sought public comments on a draft PR Notice (85 FR 70146, November 4, 2020 (FRL–10010–13)). EPA received 9 unique public comments that are discussed in a Response to Comments document, along with the Agency’s responses. The Response to Comments document is available in the docket and is briefly summarized here. The comments covered a range of topics including general comments on the lists geographic scope or level of detail, whether there could be a regulatory impact from the lists (none is anticipated), or if products exempt from registration could be impacted. More specific comments were also submitted on the content of the lists, such as requests to add or remove species, formatting considerations, and the public health impacts of specific pests. After considering the public comments, EPA is finalizing the PR Notice with the following modifications: Minor adjustments to the introductory language; adding several pests (especially in the vertebrate list); clarifying several of the public health impacts; and combining rows where pests or the public health impacts could be combined. III. Do PR Notices impose binding requirements? The PR Notice discussed in this document is intended to provide guidance to EPA personnel and decisionmakers and to pesticide registrants. While the requirements in the statutes and Agency regulations are binding on EPA and pesticide registrants, the PR Notice does not impose new binding requirements on either EPA or pesticide registrants, and EPA may depart from the guidance presented in the PR Notice where circumstances warrant and without prior notice. Likewise, pesticide registrants may assert that the guidance is not appropriate generally or not VerDate Sep<11>2014 18:10 Feb 28, 2023 Jkt 259001 applicable to a specific pesticide or situation. IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a regulatory action under Executive Order 12866 (58 FR 51735; October 4, 1993) and was therefore not submitted to the Office of Management and Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act (PRA) This guidance does not create any paperwork burdens that require additional approval by OMB under the PRA, 44 U.S.C. 3501 et seq. The information collection activities associated with pesticide registration are already approved by OMB under OMB Control No. 2070–0060, entitled ‘‘Application for New and Amended Pesticide Registration’’ (EPA ICR No. 0277.24). Authority: 7 U.S.C. 136 et seq. Dated: February 23, 2023. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2023–04155 Filed 2–28–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2023–0140; FRL–10756–01– OGC] Proposed Consent Decree, Clean Water Act and Administrative Procedure Act Claims Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding ‘‘Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,’’ notice is hereby given of a proposed consent decree in Cape Fear River Watch et al., v. United States Environmental Protection Agency, No. 1:22–cv–03809 (D. D.C). On December SUMMARY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 23, 2022, Plaintiffs Cape Fear River Watch, Rural Empowerment Association for Community Help, Waterkeepers Chesapeake, Waterkeeper Alliance, Humane Society of the United States, Food & Water Watch, Environment America, Comite Civico del Valle, Center for Biological Diversity, and Animal Legal Defense Fund (collectively, ‘‘Plaintiffs’’) filed a complaint against the EPA alleging that the Agency had failed to perform duties mandated by the Clean Water Act (‘‘CWA’’) to revise the effluent limitations guidelines (‘‘ELGs’’) and promulgate pretreatment standards for the Meat and Poultry Products (‘‘MPP’’) industrial category, after EPA had determined that such revised ELGs and standards were appropriate. EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation. DATES: Written comments on the proposed consent decree must be received by March 31, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2023–0140 online at https:// www.regulations.gov (EPA’s preferred method). Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID number for this action. Comments received may be posted without change to https:// www.regulations.gov, including any personal information provided. For detailed instructions on sending comments, see the ‘‘Additional Information About Commenting on the Proposed Consent Decree’’ heading under the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Pooja Parikh, Water Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone: (202) 564–0839; email address: parikh.pooja@ epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree In September 2021 (86 FR 51155, September 14, 2021), EPA published its preliminary effluent guidelines plan 15 and solicited comment on it, pursuant to CWA section 304(m). For the Meat and Poultry Products industrial category, the preliminary plan indicated that revision of the ELG and promulgation of pretreatment standards may be appropriate, and that EPA was initiating a rulemaking for this category. In December 2022, Plaintiffs filed a complaint alleging that EPA’s failure to E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12929-12930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04155]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0260; FRL-8118-02-OCSPP]
RIN 2070-ZA22


Pesticides; Final Guidance for Pesticide Registrants on the Lists 
of Pests of Significant Public Health Importance (Pesticide 
Registration Notice 2023-1)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of a final Pesticide Registration Notice (PR Notice) 
entitled, ``Lists of Pests of Significant Public Health Importance'' 
and identified as PR Notice 2023-1. PR Notices are issued by the Office 
of Pesticide Programs (OPP) to inform pesticide registrants and other 
interested persons about important policies, procedures, and 
registration related decisions, and serve to provide guidance to 
pesticide registrants and OPP personnel. This PR Notice updates and 
replaces the PR Notice 2002-1, which identifies pests of significant 
public health importance. The Health and Human Services (HHS), United 
States Department of Agriculture (USDA), and the Environmental 
Protection Agency (EPA) determined that updating the lists to reflect 
the current public health situation were warranted because vector-borne 
diseases and related research has changed significantly since the 
original PR Notice was published almost 20 years ago. This update 
includes the addition or removal of pests, new impacts, renaming pests, 
or grouping pests of similar species.

DATES: PR Notice 2023-1 is effective March 31, 2023.

FOR FURTHER INFORMATION CONTACT:  Susan Jennings, Immediate Office 
(7501M), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(706) 355-8574; 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, however, it may 
be of particular interest to those persons who are or may be required 
to conduct testing of chemical substances under the Federal Food, Drug, 
and Cosmetic Act (FFDCA), or Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). Since other entities may also be interested, 
the Agency has not attempted to describe all the specific entities that 
may be affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

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

    We are taking this action under FIFRA, 7 U.S.C. 136 et seq. FIFRA 
section 28(d) charges EPA with identifying ``pests of significant 
public health importance.'' FIFRA section 2(t) defines the term 
``pest'' as meaning (1) any insect, rodent, nematode, fungus, weed, or 
(2) any other form of terrestrial or aquatic plant or animal life or 
virus, bacteria, or other micro-organism (except viruses, bacteria, or 
other micro-organism on or in living man or other living animals) which 
the Administrator declares to be a pest under FIFRA section 25(c)(1). 
EPA previously exercised FIFRA section 25(c)(1) authority to make pest 
declarations, by amending the regulatory definition of ``pest'' at 40 
CFR 152.5. The intended changes to the lists of pests of significant 
public health importance are within the statutory and regulatory 
definitions.

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

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2020-0260, is available through https://www.regulations.gov. Additional instructions on visiting the docket, 
along with more information about dockets generally, visit https://www.epa.gov/dockets.

II. What guidance does this PR Notice provide?

    This final PR Notice 2023-1 updates and replaces PR Notice 2002-1, 
which identifies pests of significant public health importance. The 
lists were first published in 2002, fulfilling the requirement of FIFRA 
section 28(d) to identify pests of significant public health importance 
(see the original lists: https://www.epa.gov/sites/production/files/2014-04/documents/pr2002-1.pdf). EPA, HHS and USDA believe that pests, 
diseases, and control techniques have changed since 2002. The lists 
provide an interagency baseline for the federal government and the 
public to begin any discussions on government regulation and control of 
disease or vectors of

[[Page 12930]]

disease agents. EPA uses the lists of pests of significant public 
health importance to develop and implement programs to improve and 
facilitate the safe and necessary use of chemical, biological and other 
methods to control pests of public health importance. When a pest is 
added to these lists, it reflects a determination that the pest is a 
pest of significant public health importance and the lists serve as a 
public reference to that effect. The publication of the updated lists 
does not affect the regulatory status of any registration or 
application for registration of any specific pesticide product, 
therefore, registrants do not need to take any action.
    EPA announced the availability and sought public comments on a 
draft PR Notice (85 FR 70146, November 4, 2020 (FRL-10010-13)). EPA 
received 9 unique public comments that are discussed in a Response to 
Comments document, along with the Agency's responses. The Response to 
Comments document is available in the docket and is briefly summarized 
here. The comments covered a range of topics including general comments 
on the lists geographic scope or level of detail, whether there could 
be a regulatory impact from the lists (none is anticipated), or if 
products exempt from registration could be impacted. More specific 
comments were also submitted on the content of the lists, such as 
requests to add or remove species, formatting considerations, and the 
public health impacts of specific pests.
    After considering the public comments, EPA is finalizing the PR 
Notice with the following modifications: Minor adjustments to the 
introductory language; adding several pests (especially in the 
vertebrate list); clarifying several of the public health impacts; and 
combining rows where pests or the public health impacts could be 
combined.

III. Do PR Notices impose binding requirements?

    The PR Notice discussed in this document is intended to provide 
guidance to EPA personnel and decisionmakers and to pesticide 
registrants. While the requirements in the statutes and Agency 
regulations are binding on EPA and pesticide registrants, the PR Notice 
does not impose new binding requirements on either EPA or pesticide 
registrants, and EPA may depart from the guidance presented in the PR 
Notice where circumstances warrant and without prior notice. Likewise, 
pesticide registrants may assert that the guidance is not appropriate 
generally or not applicable to a specific pesticide or situation.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a regulatory action under Executive Order 12866 
(58 FR 51735; October 4, 1993) and was therefore not submitted to the 
Office of Management and Budget (OMB) for review under Executive Orders 
12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This guidance does not create any paperwork burdens that require 
additional approval by OMB under the PRA, 44 U.S.C. 3501 et seq. The 
information collection activities associated with pesticide 
registration are already approved by OMB under OMB Control No. 2070-
0060, entitled ``Application for New and Amended Pesticide 
Registration'' (EPA ICR No. 0277.24).
    Authority: 7 U.S.C. 136 et seq.

    Dated: February 23, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2023-04155 Filed 2-28-23; 8:45 am]
BILLING CODE 6560-50-P
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