[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Notices]
[Pages 53678-53680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21990]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0848; FRL-8881-4]
Notice of Intent To Suspend Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice, pursuant to section 6(f)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), announces 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
registrant of the affected pesticide product containing a certain
pesticide active ingredient to take appropriate steps to secure certain
data, 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
registration of the affected product. Failure to comply with the data
requirements of a DCI is a basis for suspension of the affected
registration under section 3(c)(2)(B) of FIFRA.
DATES: The Notice of Intent to Suspend 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 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: Veronica Dutch, Pesticide Re-
evaluation Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8585; e-mail address:
Dutch.Veronica@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
The Notice of Intent to Suspend was sent via the U.S. Postal
Service (USPS) return receipt requested on July 19, 2011, to the
registrant Drexel Chemical Company for the product Drexel Basic Kopper
Sulfate, containing the active ingredient copper compounds, EPA
Registration Number 19712-289.
III. Basis for Issuance of Notice of Intent To Suspend; Requirement
List
The registrant failed to submit the required data or information or
to take other appropriate steps to secure the required data for their
pesticide product listed in Table 1 of this unit.
[[Page 53679]]
Table 1--List of Requirements
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Guideline
No. as Date
EPA Registration No. listed in Requirement name Date EPA registrant Final data Reason for notice of intent to
applicable issued DCI received due date suspend
DCI DCI
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19713-289........................ 830.1550 Product identity and 12/14/2007 12/24/2007 8/20/2008 No data received.
composition.
19713-289........................ 830.1600 Description of materials 12/14/2007 12/24/2007 8/20/2008 No data received.
used to produce the product.
19713-289........................ 830.1620 Description of production 12/14/2007 12/24/2007 8/20/2008 No data received.
process.
19713-289........................ 830.1650 Description of formulation 12/14/2007 12/24/2007 8/20/2008 No data received.
process.
19713-289........................ 830.1670 Discussion of formation of 12/14/2007 12/24/2007 8/20/2008 No data received.
impurities.
19713-289........................ 830.1700 Preliminary analysis........ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.1750 Certified limits............ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.1800 Enforcement analytical 12/14/2007 12/24/2007 8/20/2008 No data received.
method.
19713-289........................ 830.6302 Color....................... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6303 Physical state.............. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6304 Odor........................ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6313 Stability to normal and 12/14/2007 12/24/2007 8/20/2008 No data received.
elevated temperatures,
metals, and metal ions.
19713-289........................ 830.6314 Oxidizing or reducing action 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6315 Flammability................ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6316 Explodability............... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6317 Storage stability........... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6319 Miscibility................. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6320 Corrosion characteristics... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6321 Dielectric breakdown voltage 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7000 pH.......................... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7050 UV/Visible absorption....... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7100 Viscosity................... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7200 Melting point/melting range. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7220 Boiling point/Boiling range. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7300 Density/relative density.... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7370 Dissociation constants in 12/14/2007 12/24/2007 8/20/2008 No data received.
water.
19713-289........................ 830.7550 Partition coefficient (n- 12/14/2007 12/24/2007 8/20/2008 No data received.
octanol/water) shake flask
method.
19713-289........................ 830.7570 Partition coefficient (n- 12/14/2007 12/24/2007 8/20/2008 No data received.
octanol/water), estimation
by liquid chromategraphy.
19713-289........................ 830.7840 Water solubility: Column 12/14/2007 12/24/2007 8/20/2008 No data received.
elution method, shake flask
method.
19713-289........................ 830.7860 Water solubility, generator 12/14/2007 12/24/2007 8/20/2008 No data received.
column method.
19713-289........................ 830.7950 Vapor pressure.............. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.1100 Acute oral toxicity......... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.1200 Acute dermal toxicity....... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.1300 Acute inhalation toxicity... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.2400 Acute eye irritation........ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.2500 Acute dermal irritation..... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.2600 Skin sensitization.......... 12/14/2007 12/24/2007 8/20/2008 No data received.
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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.
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. 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.
[[Page 53680]]
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 30-
day deadline as measured from your receipt of the Notice of Intent to
Suspend by mail or publication of this notice, 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 by operation of law and, under such
circumstances, the suspension of the registration for your affected
product will be final and effective at the close of business on the
applicable 30-day deadline as measured from your receipt of the Notice
of Intent to Suspend by mail or publication of this notice, 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, 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) DCI
notice. In order to avoid suspension under this option, you must
satisfactorily comply with Table 1--List of Requirements in Unit III.,
for each product by submitting all required supporting data/information
described in Table 1 of Unit III. 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 product. The
suspension of the registration of your company's product 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 1 of Unit II.
V. Status of Products That Become Suspended
Your product will remain suspended, however, until the Agency
determines you are in compliance with the requirements which are the
basis of this notice and so informs you in writing.
After the suspension becomes final and effective, the registrant
subject to this notice, including all supplemental registrants of the
product listed in 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 product listed in Unit II. Persons other than the registrant
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 product listed in 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
product listed in Unit II. in any manner which would have been unlawful
prior to the suspension.
If the registration for your product listed in Unit II. is
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
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: August 19, 2011.
Mary Ko Manibusan,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-21990 Filed 8-26-11; 8:45 am]
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