Coordination

Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a) is amended by adding at the end the following:

(i)

Coordination

(1)

Risk mitigation measures

If any risk mitigation measures are required for any pesticide registered under this Act, the Administrator shall— (A) develop such measures in coordination with the Secretary of Agriculture; and (B) conduct, and publish in the docket, with the corresponding action, an economic analysis determining the cost (including with respect to changes to use requirements and cost of making any associated labeling changes) to growers, State lead agencies, and other affected entities of the implementation of such measures. (2)

Data and information

(A)

Coordination of data and information

With regard to the registration or registration review of a pesticide under this Act and for making a determination under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) with respect to any action that impacts the sale, distribution, or use of a pesticide, the Administrator shall coordinate with the Secretary of Agriculture, acting through the Director of the Office of Pest Management Policy, so that the Administrator has for the Administrator’s use and consideration for such processes— (i) agronomic use data from— (I) the Department of Agriculture; and (II) industry; and (ii) any information relating to the availability and economic viability of alternatives to such pesticide. (B)

Data and information

When issuing any decision resulting from the processes referred to in subparagraph (A), the Administrator shall publish in the docket— (i) a description of the use by the Administrator of any data or information provided by the Secretary of Agriculture under subparagraph (A); and (ii) the determination of the Administrator on whether to use such data or information, including, as applicable, the reasons that the data or information was not used. (3)

Reasonable and prudent actions and measures

For the implementation of reasonable and prudent actions and measures identified by the Secretary of the Interior and the Secretary of Commerce pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the use of a pesticide registered under this Act, the Administrator shall coordinate with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Commerce— (A) to review the development of any such actions and measures that are a result of consultations relating to actions under this Act; (B) to fully consider the options for reasonable and prudent actions and measures in a manner consistent with practices established to evaluate the risks and benefits of a pesticide registered under this Act and to use that information to inform the final selection of reasonable and prudent actions and measures to be used to evaluate such risks and benefits and the implementation of such selection; and (C) to provide feedback to the Secretary of the Interior and the Secretary of Commerce on decisions relating to any such actions and measures that may affect end users of a pesticide registered under this Act. (4)

Waiver

The coordination requirements imposed by this subsection may be waived or modified for a specific action to the extent agreed upon by the Administrator, the Secretary of Agriculture, and the registrant so long as such agreement is published by the Administrator in the docket for the corresponding action.