[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17843-17845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06038]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0154; FRL-10803-01-OCSPP]


FIFRA Scientific Advisory Panel; Examination of Microcosm/
Mesocosm Studies for Evaluating the Effects of Atrazine on Aquatic 
Plant Communities; Request for Nominations of Ad Hoc Expert Reviewers 
and Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or ``Agency'') is 
seeking public nominations of scientific and technical experts that EPA 
can consider for service as ad hoc reviewers assisting the Federal 
Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel 
(FIFRA SAP) with the review of the Agency's reevaluation of 11 atrazine 
microcosm and mesocosm studies identified by the 2012 FIFRA SAP as 
warranting further review. EPA currently anticipates selecting 
approximately 8-12 ad hoc reviewers and plans to make a list of 
candidates under consideration as prospective ad hoc reviewers for this 
review available for public comment by late May 2023. EPA is also 
announcing that a virtual public meeting of the FIFRA SAP is being 
scheduled in August 2023. In July 2023, EPA plans to release the 
reevaluation document submitted to the FIFRA SAP for peer review, along 
with all background documents, related supporting materials and draft 
charge questions provided to the FIFRA SAP. At that time, EPA will 
publish a separate document in the Federal Register to announce the 
availability of and solicit public comment on the draft reevaluation 
document and provide instructions for submitting comments and 
registering to provide oral comments at the August 2023 meeting.

DATES: The following is a chronological listing of the dates for the 
specific activities that are described in more detail under 
SUPPLEMENTARY INFORMATION.
    April 24, 2023--Deadline for submitting all nominations to EPA.
    August 8, 2023--Deadline for submitting a request for special 
accommodations to allow EPA time to process the request before the 
meeting.
    August 22-24, 2023, from 10 a.m. to approximately 5:30 p.m. (ET)--
The public virtual meeting will be held via a webcast platform such as 
``Zoomgov.com'' and audio teleconference, and you must register to 
receive the links.

ADDRESSES: Nominations: Submit your nominations via email to the 
Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION 
CONTACT.
    Special accommodations: For information on meeting access or 
services for individuals with disabilities, and to request 
accommodation for a disability, please contact the DFO listed under FOR 
FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Contact the DFO, Tamue Gibson, Mission 
Support Division, Office of Program Support, Office of Chemical Safety 
and Pollution Prevention, Environmental Protection Agency; telephone 
number: (202) 564-7642 or call the FIFRA SAP main office at (202) 564-
8450; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. What action is the Agency taking?

    The Agency is seeking public nominations of scientific and 
technical experts that the EPA can consider for service as ad hoc 
reviewers assisting the FIFRA SAP with the review of the Agency's 
reevaluation of 11 atrazine microcosm and mesocosm studies identified 
by the 2012 FIFRA SAP as warranting further review. The EPA is also 
announcing the scheduling of a 3-day public virtual meeting for the 
FIFRA SAP to review the reevaluation document. The EPA will be 
soliciting comments from the FIFRA SAP on the reanalysis document 
related to 11 microcosm and mesocosm studies examining the toxicity of 
atrazine to the exposed aquatic plant communities.
    This document provides instructions for submitting nominations for 
ad hoc reviewers, requesting special accommodations for the public 
virtual meeting, and accessing the materials provided to the FIFRA SAP. 
The EPA will publish a separate document in the Federal Register in 
early July 2023 to announce the availability of and solicit public 
comment on the reevalation document, and to provide instructions for 
submitting comments, and registering to provide oral comments.

B. Does this action apply to me?

    This action is directed to the public in general.

C. What should I consider as I submit my nominations to EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI or other sensitive information to EPA through https://www.regulations.gov or email. If your nomination contains any 
information that you consider to be CBI or otherwise protected, please 
contact the DFO listed under FOR FURTHER INFORMATION CONTACT to obtain 
special instructions before submitting that information.
    2. Tips for preparing comments. When preparing and submitting your 
comments, see Tips for Effective Comments at https://www.epa.gov/dockets.

II. Nominations for Ad Hoc Reviewers

A. What is the purpose of the FIFRA SAP?

    The FIFRA SAP serves as one of the primary scientific peer review 
mechanisms of EPA's Office of Chemical Safety and Pollution Prevention 
(OCSPP) and is structured to provide independent scientific advice, 
information, and recommendations to the EPA Administrator on pesticides

[[Page 17844]]

and pesticide-related issues as to the impact of regulatory actions on 
human health and the environment. The FIFRA SAP is a federal advisory 
committee established in 1975 under FIFRA that operates in accordance 
with requirements of the Federal Advisory Committee Act (5 U.S.C. 10). 
The FIFRA SAP is composed of a permanent panel consisting of seven 
members who are appointed by the EPA Administrator from nominees 
provided by the National Institutes of Health and the National Science 
Foundation. FIFRA established a Science Review Board consisting of at 
least 60 scientists who are available to the FIFRA SAP on an ad hoc 
basis to assist in reviews conducted by the FIFRA SAP. As a scientific 
peer review mechanism, the FIFRA SAP provides comments, evaluations, 
and recommendations to improve the effectiveness and quality of 
analyses made by Agency scientists. Members of the FIFRA SAP are 
scientists who have sufficient professional qualifications, including 
training and experience, to provide expert advice and recommendation to 
the Agency.

B. Why is EPA seeking nominations for ad hoc reviewers?

    As part of a broader process for developing a pool of candidates 
for FIFRA SAP peer reviews, EPA is asking the public and stakeholder 
communities for nominations of scientific and technical experts that 
EPA can consider as prospective candidates for service as ad hoc 
reviewers assisting the FIFRA SAP with the peer reviews. Any interested 
person or organization may nominate qualified individuals for 
consideration as prospective candidates for this review by following 
the instructions provided in this document. Individuals may also self-
nominate.
    Those who are selected from the pool of prospective candidates will 
be invited to attend the public meeting and to participate in the 
discussion of key issues and assumptions at the meeting. In addition, 
they will be asked to review and to help finalize the meeting minutes.

C. What expertise is sought for this peer review?

    Individuals nominated for this FIFRA SAP peer review, should have 
expertise in one or more of the following areas: Aquatic Plant 
Community Ecology; Aquatic Community Ecology; Plant Community Ecology; 
Algae Community Ecology; Aquatic Plant Ecology; Aquatic Toxicity; 
Ecotoxicity; Plant Toxicity; Algae Toxicity; and Mesocosm and Microcosm 
Experiments. Nominees should be scientists who have sufficient 
professional qualifications, including training and experience, to be 
capable of providing expert comments on the scientific issues for this 
review.

D. How do I make a nomination?

    By the deadline indicated under DATES, submit your nomination to 
the DFO listed under FOR FURTHER INFORMATION CONTACT. Each nomination 
should include the following information: Contact information for the 
person making the nomination; name, affiliation, and contact 
information for the nominee; and the disciplinary and specific areas of 
expertise of the nominee.

E. Will ad hoc reviewers be subjected to an ethics review?

    FIFRA SAP members and ad hoc reviewers are subject to the 
provisions of the Standards of Ethical Conduct for Employees of the 
Executive Branch at 5 CFR part 2635, conflict of interest statutes in 
Title 18 of the United States Code and related regulations. In 
anticipation of this requirement, prospective candidates for service on 
the FIFRA SAP will be asked to submit confidential financial 
information which shall fully disclose, among other financial 
interests, the candidate's employment, stocks and bonds, testimonies, 
and where applicable, sources of research support. EPA will evaluate 
the candidates' financial disclosure information to assess whether 
there are financial conflicts of interest, appearance of a loss of 
impartiality, or any prior involvement with the development of the 
documents under consideration (including previous scientific peer 
review) before the candidate is considered further for selection and 
service on the FIFRA SAP.

F. How will EPA select the ad hoc reviewers?

    The selection of scientists to serve as ad hoc reviewers for the 
FIFRA SAP is based on the function of the Panel and the expertise 
needed to address the Agency's charge to the Panel. No interested 
scientists shall be ineligible to serve by reason of their membership 
on any other advisory committee to a federal department or Agency or 
their employment by a federal department or Agency, except EPA. Other 
factors considered during the selection process include availability of 
the prospective candidate to fully participate in the Panel's reviews, 
absence of any conflicts of interest or appearance of loss of 
impartiality, independence with respect to the matters under review, 
and lack of bias. Although financial conflicts of interest, the 
appearance of loss of impartiality, lack of independence, and bias may 
result in non-selection, the absence of such concerns does not assure 
that a candidate will be selected to serve on the FIFRA SAP.
    Numerous qualified candidates are often identified for FIFRA SAP 
reviews. Therefore, selection decisions involve carefully weighing a 
number of factors including the candidates' areas of expertise and 
professional qualifications and achieving an overall balance of 
different scientific perspectives across reviewers. The Agency will 
consider all nominations of prospective candidates for service as ad 
hoc reviewers for the FIFRA SAP that are received on or before the date 
listed in the DATES section of this document. However, final selection 
of ad hoc reviewers is a discretionary function of the Agency. At this 
time, EPA anticipates selecting approximately 8-12 ad hoc reviewers to 
assist the FIFRA SAP in their review of the designated topic.
    The EPA plans to make a list of candidates under consideration as 
prospective ad hoc reviewers for this review available for public 
comment by late-May 2023. The list will be available in the docket at 
https://www.regulations.gov (Docket ID No. EPA-HQ-OPP-2023-0154) and on 
the FIFRA SAP website. You may also subscribe to the following listserv 
for alerts regarding this and other FIFRA SAP-related activities: 
https://public.govdelivery.com/accounts/USAEPAOPPT/subscriber/new?topic_id=USAEPAOPPT_101.T.

III. Public Virtual Meeting of the FIFRA SAP

A. What is the purpose of this public meeting?

    The focus of the 3-day public virtual meeting is to seek the FIFRA 
SAP's input on the Agency's 2023 reevaluation of 11 atrazine microcosm 
and mesocosm (hereafter `cosm') studies identified at the 2012 SAP 
meeting as warranting further review. The Agency would like the FIFRA 
SAP's feedback on its evaluation of these 11 cosm studies, their 
potential inclusion or exclusion in the analysis, and if appropriate, 
whether they show an effect or no effect on the aquatic plant 
community.

B. Why did EPA develop this document?

    The EPA participated in several FIFRA SAP meetings related to 
atrazine's impact on the environment (e.g., 2003, 2007, 2009, 2012). In 
June 2012, the EPA presented the Problem Formulation for the 
Environmental Fate and Ecological Risk Assessment for Atrazine to the 
FIFRA SAP. That

[[Page 17845]]

problem formulation provided an overview of atrazine use, exposure, and 
toxicity for assessing the ecological risk from atrazine use. One of 
the major considerations for the 2012 FIFRA SAP was the process that 
the EPA used to estimate an aquatic plant community-based concentration 
equivalent-level of concern (CE-LOC). The CE-LOC is a 60-day average 
concentration of atrazine that, when exceeded, presents a greater than 
50 percent chance of negatively affecting the productivity, structure, 
and/or function of an aquatic plant community.
    Cosm studies examining the toxicity of atrazine to aquatic plant 
communities are a significant part of the process to estimate the CE-
LOC. Accordingly, from 2002 to 2016, the EPA considered over 70 cosm 
studies obtained from the open literature or submitted to the EPA. The 
2012 FIFRA SAP identified 11 specific cosm studies from that dataset 
(Table 1, page 42-43 of the meeting report) as warranting further 
review (in terms of their inclusion/exclusion in the analysis or the 
effect/no effect determinations for specific measured endpoints) 
because of concerns about study design or performance flaws, as well as 
the interpretation of results.
    In response to the 2012 FIFRA SAP, the EPA re-evaluated the 11 
specific cosm studies identified by the FIFRA SAP and presented this 
re-evaluation in the 2013 ``Addendum to the Problem Formulation for the 
Ecological Risk Assessment to be Conducted for the Registration Review 
of Atrazine'' (https://www.regulations.gov/document/EPA-HQ-OPP-2013-0266-0002) and the 2016 ``Refined Ecological Risk Assessment for 
Atrazine.'' (https://www.regulations.gov/document/EPA-HQ-OPP-2013-0266-0315). In conducting this 2013/2016 re-evaluation, the EPA considered 
comments from the 2012 FIFRA SAP and the public. This re-evaluation did 
not result in a change in the Agency's understanding or interpretation 
of those 11 studies. After the issuance of the 2016 ecological risk 
assessment and the 2022 ``Proposed Revisions to the Atrazine Interim 
Registration Review Decision,'' the EPA received additional public 
comments about the 11 studies including a reminder that the EPA had 
stated in 2016 its intent to convene a FIFRA SAP meeting, along with 
renewed requests to convene a FIFRA SAP meeting regarding the studies.
    The EPA is returning to the FIFRA SAP to seek feedback on the 
outcome of the EPA's new 2023 evaluation regarding the inclusion of the 
11 studies, and if appropriate, effect/no effect determinations for 
specific measured endpoints from the studies that were identified by 
the 2012 FIFRA SAP.

C. How can I access the documents submitted for review to the FIFRA 
SAP?

    The EPA is planning to release the reevaluation document mentioned 
previously and all background documents, related supporting materials, 
and draft charge questions provided to the FIFRA SAP by early July 
2023. At that time, EPA will publish a separate document in the Federal 
Register to announce the availability of and solicit public comment on 
the draft document and provide instructions for submitting comments and 
registering to provide oral comments. These materials will also be 
available in the docket through https://www.regulations.gov (Docket ID 
No. EPA-HQ-OPP-2023-0154) and the FIFRA SAP website. In addition, as 
additional background materials become available and are provided to 
the FIFRA SAP, EPA will include those additional background documents 
(e.g., FIFRA SAP members and consultants participating in this meeting 
and the meeting agenda) in the docket and on the FIFRA SAP website.

D. How can I participate in the public virtual meeting?

    The public virtual meeting will be held via a webcast platform such 
as ``Zoomgov.com'' and audio teleconference. You must register online 
to receive the webcast meeting link and audio teleconference 
information. Please follow the registration instructions that will be 
announced on the FIFRA SAP website in July 2023. You may subscribe to 
the following listserv for alerts regarding this and other FIFRA SAP-
related activities: https://public.govdelivery.com/accounts/USAEPAOPPT/subscriber/new?topic_id=USAEPAOPPT_101.T.
    Authority: 5 U.S.C. 10; 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.

    Dated: March 20, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2023-06038 Filed 3-23-23; 8:45 am]
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