[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31844-31847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12922]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0848; FRL-9350-7]
Notice of Intent to Suspend Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Pursuant to section 6(f)(2) of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA), EPA is publishing this Notice of
Intent to Suspend affecting several pesticide products. This Notice is
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 to take appropriate steps to secure certain data,
and following the registrant's failure to submit those 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
registration under section 3(c)(2)(B) of FIFRA.
DATES: The 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 on
June 29, 2012 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: Jude Andreasen, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone
[[Page 31845]]
number: (703) 308-9342; email address: andreasen.jude@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?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0848, is available either electronically
through http://www.regulations.gov or in hard copy at the OPP Docket in
the Environmental Protection Agency Docket Center (EPA/DC), located in
EPA West, Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-
0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the OPP Docket is (703) 305-5805. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.
II. Registrant(s) Issued Notice of Intent to Suspend, Active
Ingredient, Product(s) Affected, Date(s) Issued, Reason(s) Issued, and
Data Requirement(s) Involved
The Notice of Intent to Suspend was sent via the U.S. Postal
Service (USPS), return receipt requested, to the registrant(s) for the
product(s) listed in Table 1 of this Unit.
Table 1--Information about Issued Notice(s) of Intent To Suspend
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EPA Date EPA
Registrant affected Active ingredient Registration Product name issued Reason(s) issued * Data requirements
number NOITS involved **
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Fuller System, Inc................. DDVP.................. 1327-36 Fulex DDVP Fumigator.. 5/21/12 2,3................ a
Fuller System, Inc................. Permethrin............ 1327-42 Fulex Permethrin 5/21/12 1,2,3.............. a, c
Fumigator.
Value Gardens Supply, LLC.......... Naphthalene Acetic 5887-169 Black Leaf Vitamin B1 5/21/12 1,2,3.............. a, c
Acid. Solution.
Foreign Domestic Chemicals Corp.... Rotenone.............. 6458-5 Rotenone Resin for 5/21/12 1,2,3.............. a, c
Manufacturing Use
Only.
Foreign Domestic Chemicals Corp.... Rotenone.............. 6458-6 Cube Powder........... 5/21/12 1,2,3.............. a, c
ARI................................ Piperonyl Butoxide.... 7754-51 ARI Yard & Patio 5/21/12 1,2,3.............. a, c
Formula I.
Athea Laboratories, Inc............ Prometon.............. 10088-55 Non-selective 5/21/12 1,2,3.............. a, c
Herbicide 3.
Athea Laboratories, Inc............ Prometon.............. 10088-83 Prometon 12.5% 5/21/12 1,2,3.............. a, c
Herbicide Concentrate.
Amrep, Inc......................... Prometon.............. 10807-146 Weed-a-cide 5/21/12 1,2,3.............. a, c
Concentrate.
Amrep, Inc......................... Prometon.............. 10807-206 Misty Weed-a-cide CF.. 5/21/12 1,2,3.............. a, c
Brazos Associates, Agent for Pyrethrins............ 15297-1 Bio-Groom Flea & Tick 5/21/12 1,2,3.............. a, b, c
BioDerm Lab. Shampoo for Dogs &
Cats.
Brazos Associates, Agent for Pyrethrins............ 15297-7 Bio-Groom Flea & Tick-- 5/21/12 1,2,3.............. a, b, c
BioDerm Lab. 14 Residual Spray
with Lanolin Shampoo.
Brazos Associates, Agent for Permethrin............ 15297-9 Bio-Groom Lasting 5/21/12 2,3................ a, c
BioDerm Lab. Residual Action Repel-
35 Insect Control
Spray.
Brazos Associates, Agent for Pyrethrins............ 15297-14 Bio-Groom Flea & Tick 5/21/12 1,2,3.............. a, b, c
BioDerm Lab. Pyrethrin Dip Conc.
For Dogs & Cats.
Brazos Associates, Agent for Pyrethrins............ 15297-17 Bio-Groom Flea & Tick 5/21/12 1,2,3.............. a, b, c
BioDerm Lab. Pyrethrin Spray.
Brazos Associates, Agent for Pyrethrins............ 15297-19 Bio-Groom Ear Mite 5/21/12 1,2,3.............. a, b, c
BioDerm Lab. Treatment.
Drexel Chemical Company............ Rotenone.............. 19713-316 Drexel 7.4% Rotenone 5/21/12 3.................. a, c
Wettable Powder.
Drexel Chemical Company............ DDVP.................. 19713-356 Best 4 Servis Brand 5/21/12 2,3................ a, c
DDVP 10 Pound Oil
Solution.
Drexel Chemical Company............ DDVP.................. 19713-357 Best 4 Servis Brand 5/21/12 3.................. a, c
DDVP Emulsifiable
Spray.
Adams Technology Systems. Agent for Pyrethrins............ 29909-1 Rid Flea and Tick 5/21/12 2,3................ a, b, c
Cardinal Laboratories, Inc. Shampoo Concentration
for Dogs and Cats.
Adams Technology Systems. Agent for Pyrethrins............ 29909-2 Cardinal Flea and Tick 5/21/12 2,3................ a, b, c
Cardinal Laboratories, Inc. Shampoo for Dogs and
Cats.
Adams Technology Systems. Agent for Pyrethrins............ 29909-8 Cardinal Flea & Tick 5/21/12 2,3................ a, b, c
Cardinal Laboratories, Inc. Spray for Dogs, Cats
& Horses.
[[Page 31846]]
Adams Technology Systems. Agent for Pyrethrins............ 29909-21 Cardinal Tick 5/21/12 2,3................ a, b, c
Cardinal Laboratories, Inc. Terminator Flea &
Tick Shampoo for Dogs
& Cat.
Earth Science Products Corp........ Naphthalene Acetic 43905-1 Wood's Rooting 5/21/12 2,3................ a, c
Acid. Compound.
Premium Environmental Products, LLC Permethrin............ 71280-6 Migratol BP-1......... 5/21/12 1,2,3.............. a, c
Premium Environmental Products, LLC Permethrin............ 71280-7 Migratol BPX-002...... 5/21/12 1,2,3.............. a, c
Neogen Corporation................. Piperonyl Butoxide.... 72726-1 Poridon Equine 5/21/12 2,3................ a, c
Insecticidal Pour-On.
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* Reason(s) Issued: (1) failure to submit 90-day response; (2) failure to submit 8-month response; and (3) failure to submit any (or adequate) required
data.
** Data Requirements Involved: (a) product chemistry; (b) product performance; (c) toxicology.
III. Basis for Issuance of Notice of Intent To Suspend
The affected registrant(s) failed to submit the required data or
information or to take other appropriate steps to secure the required
data. The subject data requirements for each affected product are
summarized in Table 1 and are also specifically identified in EPA-HQ-
OPP-2010-0848 in a document entitled Appendix II--Requirement List.
Also included in the docket is Appendix III--Explanatory Appendix,
which provides more detailed information about the reason(s) the Notice
of Intent to Suspend was issued and pertinent background information
and history. Each Notice of Intent to Suspend that was mailed to the
affected registrant(s) included all of the referenced appendices that
are pertinent to the particular Notice of Intent to Suspend.
Instructions on accessing the docket are in Unit I.B.
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 notice in the Federal Register
(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.
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, as set forth in the DATES section 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 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 the
DATES section 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
[[Page 31847]]
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 the DATES section 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
Appendix II, which can be found in the Docket, for each product by
submitting all required supporting data/information described in
Appendix II and in the Explanatory Appendix (Appendix III) (both may be
found in the Docket for this Federal Register notice and both are
summarized in Table 1 of Unit II) 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 Appendix II, which may be found in the Docket
and which is summarized in Table 1 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 registrant
subject to this notice, including all supplemental registrants of the
product 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 product listed in Table 1 of 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 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 product listed in Table 1 of Unit II. in any manner which
would have been unlawful prior to the suspension.
If the registration for your product listed in Table 1 of 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: May 21, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-12922 Filed 5-29-12; 8:45 am]
BILLING CODE 6560-50-P