[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR402.42]

[Page 828-829]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 402_INTERAGENCY COOPERATION_ENDANGERED SPECIES ACT OF 1973, AS 
 
    Subpart D_Counterpart Regulations Governing Actions by the U.S. 
Environmental Protection Agency Under the Federal Insecticide, Fungicide 
                           and Rodenticide Act
 
Sec. 402.42  Scope and applicability.

    (a) Available consultation procedures. This subpart describes 
consultation procedures available to EPA to satisfy the obligations of 
section 7(a)(2) of the Act in addition to those in subpart B of this 
part for FIFRA actions authorized, funded, or carried out by EPA in 
which EPA has discretionary Federal involvement or control. EPA retains 
discretion to initiate early, informal, or formal consultation as 
described in Sec. Sec. 402.11, 402.13, and 402.14 for any FIFRA action. 
The procedures in this subpart may be employed for FIFRA actions as 
follows:
    (1) Interagency exchanges of information under Sec. 402.43 and 
advance coordination under Sec. 402.44 are available for any FIFRA 
action.
    (2) Alternative consultation under Sec. 402.45 is available for a 
listed species or critical habitat if EPA determines the FIFRA action is 
not likely to adversely affect the listed species or critical habitat.
    (3) Optional formal consultation under Sec. 402.46 is available for 
any FIFRA action with respect to any listed species or critical habitat.
    (4) The special procedures in Sec. 402.47 are available for 
consultations on FIFRA actions that will be unusually complex due to 
factors such as the geographic area or number of species that may be 
affected by the action.
    (5) EPA shall engage in consultation as to all listed species and 
critical habitat that may be affected by a FIFRA action, and may in its 
discretion employ more than one of the available consultation procedures 
for a FIFRA action that may affect more than one listed species or 
critical habitat.
    (6) EPA shall engage in consultation on actions involving requests 
for emergency exemptions under section 18 of FIFRA that may affect 
listed species or critical habitat, and may choose to do so under Sec. 
402.05 or other provisions of this subpart or subpart B of this part. 
Any required formal consultation shall be initiated as soon as 
practicable after the emergency is under control. For the purposes of 
Sec. 402.05(b) the definition of formal consultation in Sec. 402.02 
includes the procedures in Sec. 402.46.
    (7) EPA must prepare a biological assessment for a FIFRA action to 
the extent required by Sec. 402.12.
    (8) EPA must comply with Sec. 402.15 for all FIFRA actions.
    (9) After a consultation under this subpart has been concluded, EPA 
shall reinitiate consultation as required by Sec. 402.16 as soon as 
practicable after a circumstance requiring reinitiation occurs, and may 
employ the procedures

[[Page 829]]

in this subpart or subpart B of this part in any reinitiated 
consultation.
    (b) Exchanges of scientific information. As part of any of the 
additional consultation procedures provided in this subpart, EPA and the 
Services shall establish mutually-agreeable procedures for regular and 
timely exchanges of scientific information to achieve accurate and 
informed decision-making under this subpart and to ensure that the FIFRA 
process considers the best scientific and commercial data available on 
listed species and critical habitat in a manner consistent with the 
requirements of FIFRA and ESA.