[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67714-67718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27506]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0848; FRL-8851-2]


Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice, pursuant to section 6(f)(2) of the Federal 
Insecticide, Fungicide and Rodenticide Act (FIFRA), publishes a Notice 
of Intent to Suspend issued by EPA pursuant to section 3(c)(2)(B) of 
FIFRA. The Notice of Intent to Suspend was issued following the 
Agency's issuance of a Data Call-In notice (DCI), which required the 
registrants of the affected pesticide products listed in Table 1, 
containing a certain pesticide active ingredient, to take appropriate 
steps to secure the data, as listed in Table 2, and following the 
registrant's failure to submit these data or to take other appropriate 
steps to secure the required data. The subject data were determined to 
be required to maintain in effect the existing registrations of the 
affected products. Failure to comply with the data requirements of a 
DCI is a basis for suspension of the affected registrations under 
section 3(c)(2)(B) of FIFRA.

DATES: Each Notice of Intent to Suspend included in this Federal 
Register notice will become a final and effective suspension order 
automatically by operation of law 30 days after the date of the 
registrant's receipt of the mailed Notice of Intent to Suspend, or 30 
days after the date of publication of this notice in the Federal 
Register if the mailed Notice of Intent to Suspend is returned to the 
Administrator as undeliverable, if delivery is refused, or if the 
Administrator otherwise is unable to accomplish delivery to the 
registrant

[[Page 67715]]

after making reasonable efforts to do so, unless during that time a 
timely and adequate request for a hearing is made by a person adversely 
affected by the Notice of Intent to Suspend or the registrant has 
satisfied the Administrator that the registrant has complied fully with 
the requirements that served as a basis for the Notice of Intent to 
Suspend. Unit IV explains what must be done to avoid suspension under 
this notice (i.e., how to request a hearing or how to comply fully with 
the requirements that served as a basis for the Notice of Intent to 
Suspend).

FOR FURTHER INFORMATION CONTACT: Terria Northern, Pesticide Re-
evaluation Division, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC, 20460-
0001; telephone number: (703) 305-7093; e-mail address: 
northern.terria@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, farm worker and agricultural advocates; the chemical industry; 
pesticide users; and members of the public interested in the sale, 
distribution, or use of pesticides. Since others also may 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. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0848. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. Registrant Issued Notice of Intent to Suspend Active Ingredient, 
Product Affected, and Date Issued

    A Notice of Intent to Suspend was sent via the U.S. Postal Service 
(USPS), return receipt requested, to the registrants for the products 
listed in Table 1 of this unit.

                                            Table 1--List of Products
----------------------------------------------------------------------------------------------------------------
                                                    EPA registration                      Date EPA issued notice
      Registrant affected        Active ingredient       number          Product name      of intent to suspend
----------------------------------------------------------------------------------------------------------------
Roebic Labs Inc................  Copper Compounds.            7792-1  Roebic Root        TBD.
                                                                       Killer Formula K-
                                                                       77.
Roebic Labs Inc................  Copper Compounds.            7792-5  Roebic Root ENDZ.  TBD.
Qualco Inc.....................  Copper Compounds.          3525-102  Winter Tablets     TBD.
                                                                       ``W''.
----------------------------------------------------------------------------------------------------------------

III. Basis for Issuance of Notice of Intent to Suspend; Requirement 
List

    The registrants failed to submit the required data or information 
or to take other appropriate steps to secure the required data listed 
in Table 2 for their pesticide products.


                                                              Table 2--List of Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Guideline
                                   as                         Date EPA issued     Date registrant     Final data due     Reason for notice of
    EPA registration number         listed in     Requirement name           DCI            received DCI            date           intent to  suspend
                                 applicable DCI
--------------------------------------------------------------------------------------------------------------------------------------------------------
7792-1.........................        830.1550  Product identity    December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
7792-5.........................                   and composition.
3525-102.......................
                                       830.1600  Description of      December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  materials used to
                                                  produce the
                                                  product.
                                       830.1620  Description of      December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  production
                                                  process.
                                       830.1650  Description of      December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  formulation
                                                  process.
                                       830.1670  Discussion of       December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  formation of
                                                  impurities.
                                       830.1700  Preliminary         December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  analysis.
                                       830.1750  Certified limits..  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.1800  Enforcement         December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  analytical method.
                                       830.6302  Color.............  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.6303  Physical state....  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.6304  Odor..............  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.

[[Page 67716]]

 
                                       830.6313  Stability to        December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  normal and
                                                  elevated
                                                  temperatures,
                                                  metals, and metal
                                                  ions.
                                       830.6314  Oxidizing or        December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  reducing action.
                                       830.6315  Flammability......  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.6316  Explodability.....  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.6317  Storage stability.  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.6319  Miscibility.......  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.6320  Corrosion           December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  characteristics.
                                       830.6321  Dielectric          December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  breakdown voltage.
                                       830.7000  pH................  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.7050  UV/Visible          December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  absorption.
                                       830.7100  Viscosity.........  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       830.7200  Melting point/      December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  melting range.
                                       830.7220  Boiling point/      December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  Boiling range.
                                       830.7300  Density/relative    December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  density.
                                       830.7370  Dissociation        December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  constants in
                                                  water.
                                       830.7550  Partition           December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  coefficient (n-
                                                  octanol/water)
                                                  shake flask
                                                  method.
                                       830.7570  Partition           December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  coefficient (n-
                                                  octanol/water),
                                                  estimation by
                                                  liquid
                                                  chromatography.
                                       830.7840  Water solubility:   December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  Column elution
                                                  method, shake
                                                  flask method.
                                       830.7860  Water solubility,   December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  generator column
                                                  method.
                                       830.7950  Vapor pressure....  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                       870.1100  Acute Oral          December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  Toxicity.
                                       870.1200  Acute dermal        December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  toxicity.
                                       870.1300  Acute inhalation    December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  toxicity.
                                       870.2400  Acute eye           December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  irritation.
                                       870.2500  Acute dermal        December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
                                                  irritation.
                                       870.2600  Skin sensitization  December 14, 2007.  December 24, 2007.  August 30, 2008..  No data received.
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. How to avoid suspension under this Notice?

    1. You may avoid suspension under this notice if you or another 
person adversely affected by this notice properly request a hearing 
within 30 days of your receipt of the Notice of Intent to Suspend by 
mail or, if you did not receive the notice that was sent to you via 
USPS first class mail, return receipt requested, then within 30 days 
from the date of publication of this Federal Register notice (see 
DATES). If you request a hearing, it will be conducted in accordance 
with the requirements of section 6(d) of FIFRA and the Agency's 
procedural regulations in 40 CFR part 164. Section 3(c)(2)(B) of FIFRA, 
however, provides that the only allowable issues which may be addressed 
at the hearing are whether you have failed to take the actions which 
are the bases of this notice and whether the Agency's decision 
regarding the disposition of existing stocks is consistent with FIFRA.

[[Page 67717]]

Therefore, no substantive allegation or legal argument concerning other 
issues, including but not limited to the Agency's original decision to 
require the submission of data or other information, the need for or 
utility of any of the required data or other information or deadlines 
imposed, any allegations of errors or unfairness in any proceedings 
before an arbitrator, and the risks and benefits associated with 
continued registration of the affected product, may be considered in 
the proceeding. The Administrative Law Judge shall by order dismiss any 
objections which have no bearing on the allowable issues which may be 
considered in the proceeding. Section 3(c)(2)(B)(iv) of FIFRA provides 
that any hearing must be held and a determination issued within 75 days 
after receipt of a hearing request. This 75-day period may not be 
extended unless all parties in the proceeding stipulate to such an 
extension. If a hearing is properly requested, the Agency will issue a 
final order at the conclusion of the hearing governing the suspension 
of your product(s). A request for a hearing pursuant to this notice 
must:
     Include specific objections which pertain to the allowable 
issues which may be heard at the hearing.
     Identify the registrations for which a hearing is 
requested.
     Set forth all necessary supporting facts pertaining to any 
of the objections which you have identified in your request for a 
hearing.
    If a hearing is requested by any person other than the registrant, 
that person must also state specifically why he/she asserts that he/she 
would be adversely affected by the suspension action described in this 
notice. Three copies of the request must be submitted to: Hearing 
Clerk, 1900, Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460-0001.
    An additional copy should be sent to the person who signed this 
notice. The request must be received by the Hearing Clerk by the 
applicable 30th day deadline as measured from your receipt of the 
Notice of Intent to Suspend by mail or publication of this notice in 
the Federal Register, as set forth in DATES and in Unit IV.1., in order 
to be legally effective. The 30-day time limit is established by FIFRA 
and cannot be extended for any reason. Failure to meet the 30-day time 
limit will result in automatic suspension of your registration(s) by 
operation of law and, under such circumstances, the suspension of the 
registration for your affected products will be final and effective at 
the close of business on the applicable 30th day deadline as measured 
from your receipt of the Notice of Intent to Suspend by mail or 
publication of this notice in the Federal Register, as set forth in 
DATES and in Unit IV.1., and will not be subject to further 
administrative review. The Agency's rules of practice at 40 CFR 164.7 
forbid anyone who may take part in deciding this case, at any stage of 
the proceeding, from discussing the merits of the proceeding ex-parte 
with any party or with any person who has been connected with the 
preparation or presentation of the proceeding as an advocate or in any 
investigative or expert capacity, or with any of their representatives. 
Accordingly, the following EPA offices, and the staffs thereof, are 
designated as judicial staff to perform the judicial function of EPA in 
any administrative hearings on this Notice of Intent to Suspend: The 
Office of the Administrative Law Judges, the Office of the 
Environmental Appeals Board, the Administrator, the Deputy 
Administrator, and the members of the staff in the immediate offices of 
the Administrator and Deputy Administrator. None of the persons 
designated as the judicial staff shall have any ex-parte communication 
with trial staff or any other interested person not employed by EPA on 
the merits of any of the issues involved in this proceeding, without 
fully complying with the applicable regulations.
    2. You may also avoid suspension if, within the applicable 30 day 
deadline period as measured from your receipt of the Notice of Intent 
to Suspend by mail or publication of this notice in the Federal 
Register, as set forth in DATES and in Unit IV.1., the Agency 
determines that you have taken appropriate steps to comply with the 
FIFRA section 3(c)(2)(B) Data Call-In notice. In order to avoid 
suspension under this option, you must satisfactorily comply with the 
data requirements listed in Table 2--List of Requirements in Unit II, 
for each product by submitting all required supporting data/information 
described in Table 2, and in the Explanatory Appendix (in the docket 
for this Federal Register notice) to the following address (preferably 
by certified mail): Office of Pesticide Programs, Pesticide Re-
evaluation Division, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    For you to avoid automatic suspension under this notice, the Agency 
must also determine within the applicable 30-day deadline period that 
you have satisfied the requirements that are the bases of this notice 
and so notify you in writing. You should submit the necessary data/
information as quickly as possible for there to be any chance the 
Agency will be able to make the necessary determination in time to 
avoid suspension of your products. The suspension of the registrations 
of your company's products pursuant to this notice will be rescinded 
when the Agency determines you have complied fully with the 
requirements which were the bases of this notice. Such compliance may 
only be achieved by submission of the data/information described in 
Table 2 of Unit II.

V. Status of Products That Become Suspended

    Your product will remain suspended until the Agency determines you 
are in compliance with the requirements which are the bases of this 
notice and so informs you in writing.
    After the suspension becomes final and effective, the registrants 
subject to this notice, including all supplemental registrants of 
products listed in Table 1 of Unit II., may not legally distribute, 
sell, use, offer for sale, hold for sale, ship, deliver for shipment, 
or receive, and having so received, deliver or offer to deliver, to any 
person, the products listed in Table 1 of Unit II. Persons other than 
the registrants subject to this notice, as defined in the preceding 
sentence, may continue to distribute, sell, use, offer for sale, hold 
for sale, ship, deliver for shipment, or receive, and having so 
received, deliver or offer to deliver, to any person, the products 
listed in Table 1 of Unit II. Nothing in this notice authorizes any 
person to distribute, sell, use, offer for sale, hold for sale, ship, 
deliver for shipment, or receive, and having so received, deliver or 
offer to deliver, to any person, the products listed in Table 1 of Unit 
II in any manner which would have been unlawful prior to the 
suspension.
    If the registrations for your products listed in Table 1 of Unit II 
are currently suspended as a result of failure to comply with another 
FIFRA section 3(c)(2)(B) Data Call-In notice or section 4 Data 
Requirements notice, this notice, when it becomes a final and effective 
order of suspension, will be in addition to any existing suspension, 
i.e., all requirements which are the bases of the suspension must be 
satisfied before the registration will be reinstated.
    It is the responsibility of the basic registrant to notify all 
supplementary registered distributors of a basic registered product 
that this suspension action also applies to their supplementary 
registered products. The basic registrant may be held liable for

[[Page 67718]]

violations committed by their distributors.
    Any questions about the requirements and procedures set forth in 
this notice or in the subject FIFRA section 3(c)(2)(B) Data Call-In 
notice, should be addressed to the person listed under FOR FURTHER 
INFORMATION CONTACT.

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

    The Agency's authority for taking this action is contained in 
sections 3(c)(2)(B) and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 25, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-27506 Filed 11-2-10; 8:45 am]
BILLING CODE 6560-50-P