Case Document 55-3 Filed 11/24/17 Page 1 of 2 3 T4 3" .33- 53? 7% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY am 3 WASHINGTON, no. 20460 (a 0 49'? ma?a? NOV 1 7 2017 Mr. Gary Frazer Assistant Director U.S. Fish and Wildlife Service Ecological Services 5275 Leesburg Pike Falls Church, VA 22041-3803 Dear Mr. Frazer, Thank you fOr your letter requesting additional information to complete formal consultation on the Biological Evaluations (BEs) for chlorpyrifos, malathion, and diazinon, which were finalized on January 18, 2017. As you are aware, the BEs were developed with Services oversight and included all information and analyses as requested by the National Marine Fisheries Service (NMFS) and Fish and Wildlife Service (FWS) during their development. We understand, however, that in the course of our consultation, FWS has indicated that additional information regarding use and usage information could be of value in the development of the FWS biological opinions (BiOps). We will treat your letter as a request for additional information as described in section 402.14{f) of the FWS regulations and not a request to revise the EPA BEs with additional information under section 402.46lb}. This is consistent with the regulations that require requests from FWS for additional information to be submitted within 45 clays of EPA providing the BE to FWS (50 CFR Part 402]. Accordingly, any agreement from EPA to supplement the consultation should not be viewed as agreement to either revise or withdraw its final BEs. We are pleased that the utility Ofthe use and usage information is being reconsidered, and we anticipate being able to provide this information within approximately 6 months. Use information maximum application rate, number of allowed applications, etc.) is extracted directly from product labels whereas usage information describes where, when, and how a pesticide is actually being used based on survey information. In order to provide the requested use and usage information, staff from Biological and Economic Analysis Division must compile and summarize label information, appropriately aggregate complex use directions, and develop associated usage statistics. The number of registered use sites for these active ingredients is extensive with more than 100 active registered products for Case Document 55-3 Filed 11/24/17 Page 2 of 2 chlorpyrifos and diazinon. Additionally, this work would need to be completed concurrently with existing workload to provide use and usage information supporting registration review program. Your letter also requests to extend the consultation in accordance with 50 We agree that consultation should continue and be extended as necessary, and that any required consent from any applicants be obtained. Sincerely, For Marietta Echeverria Director, Environmental Fate and Effects Division Office of Pesticide Programs