[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4844-4847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01311]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0848; FRL-9374-6]
Notice of Intent To Suspend Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice, pursuant to the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA), publishes two notices of intent to suspend
issued by EPA. Each 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 containing a certain
pesticide active ingredient to take appropriate steps to secure certain
data, and following the registrants' 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 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 after making reasonable efforts to do so),
[[Page 4845]]
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 (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8585;
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.
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 at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., 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. Registrants Issued Notices of Intent To Suspend Active Ingredient,
Products Affected, and Dates Issued
The Notices of Intent to Suspend were 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 Date EPA issued
Registrant affected Active ingredient Registration Product name notice of intent
No. to suspend
----------------------------------------------------------------------------------------------------------------
Adams Technology Systems......... MGK-264............. 7754-41 Bug Barrier II...... 12/11/12
CTX Cenol Corporation............ MGK-264............. 45385-93 CTX/Cyber Blast..... 12/11/12
----------------------------------------------------------------------------------------------------------------
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 for
their pesticide products listed in Table 2 of this unit.
Table 2--List of Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Guideline
EPA number as Date Reason for
Registrant affected Registration listed in Requirement name Date EPA registrant Final data notice of
No. applicable issued DCI received due date intent to
DCI DCI suspend*
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adams Technology Systems................. 7754-41 830.1550 Product identity and 6/16/09 6/25/09 3/16/10 1,3
composition.
CTX Cenol Corporation.................... 45385-93 830.1600 Description of materials 6/16/09 6/25/09 3/16/10 1,3
used to produce the product.
.............. 830.1620 Description of production 6/16/09 6/25/09 3/16/10 1,3
process.
.............. 830.1650 Description of formulation 6/16/09 6/25/09 3/16/10 1,3
process.
.............. 830.1670 Discussion of formation of 6/16/09 6/25/09 3/16/10 1,3
impurities.
.............. 830.1700 Preliminary analysis........ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.1750 Certified limits............ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.1800 Enforcement analytical 6/16/09 6/25/09 3/16/10 1,3
method.
.............. 830.6302 Color....................... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6303 Physical state.............. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6304 Odor........................ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6313 Stability to normal and 6/16/09 6/25/09 3/16/10 1,3
elevated temperatures,
metals, and metal ions.
.............. 830.6314 Oxidizing or reducing action 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6315 Flammability................ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6316 Explodability............... 6/16/09 6/25/09 3/16/10 1,3
[[Page 4846]]
.............. 830.6317 Storage stability........... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6319 Miscibility................. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6320 Corrosion characteristics... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6321 Dielectric breakdown voltage 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7000 pH.......................... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7050 UV/Visible absorption....... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7100 Viscosity................... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7200 Melting point/melting range. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7220 Boiling point/boiling range. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7300 Density/relative density.... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7370 Dissociation constants in 6/16/09 6/25/09 3/16/10 1,3
water.
.............. 830.7550 Partition coefficient (n- 6/16/09 6/25/09 3/16/10 1,3
octanol/water) shake flask
method.
.............. 830.7570 Partition coefficient (n- 6/16/09 6/25/09 3/16/10 1,3
octanol/water) estimation
by liquid chromatography.
.............. 830.7840 Water solubility: Column 6/16/09 6/25/09 3/16/10 1,3
elution method, shake flask
method.
.............. 830.7860 Water solubility, generator 6/16/09 6/25/09 3/16/10 1,3
column method.
.............. 830.7950 Vapor pressure.............. 6/16/09 6/25/09 3/16/10 1,3
.............. 870.1100 Acute oral toxicity......... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.1200 Acute dermal toxicity....... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.1300 Acute inhalation toxicity... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.2400 Acute eye irritation........ 6/16/09 6/25/09 3/16/10 1,3
.............. 870.2500 Acute dermal irritation..... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.2600 Skin sensitization.......... 6/16/09 6/25/09 3/16/10 1,3
--------------------------------------------------------------------------------------------------------------------------------------------------------
*\1\ No 90-day response received.
\2\ Inadequate 90-day response received.
\3\ No data received.
\4\ Inadequate 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 FIFRA section 6(d) 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 products. 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
[[Page 4847]]
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(s) by operation of law and, under such
circumstances, the suspension of the registration for your affected
product(s) 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, 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) Data
Call-In notice. In order to avoid suspension under this option, you
must satisfactorily comply with Table 2--List of Requirements in Unit
II., for each product by submitting all required supporting data/
information described in Table 2. of Unit. II. 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 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 2 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
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
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 FIFRA
sections 3(c)(2)(B) and 6(f)(2), 7 U.S.C. 136 et seq.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: January 10, 2013.
Michael Goodis,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-01311 Filed 1-22-13; 8:45 am]
BILLING CODE P