[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]


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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.

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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
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                                                            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]
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