[Federal Register Volume 65, Number 190 (Friday, September 29, 2000)]
[Notices]
[Pages 58546-58549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24781]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-60055; FRL-6743-8]


Intent to Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance of Notices of Intent to Suspend.

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

SUMMARY: This Notice, pursuant to section 6(f)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
seq., announces that EPA has issued Notices of Intent to Suspend 
pursuant to sections 3(c)(2)(B) and 4 of FIFRA. The Notices were issued 
following issuance of Section 4 Reregistration Requirements Notices by 
the Agency and the failure of registrants subject to the Section 4 
Reregistration Requirements Notices to take appropriate steps to secure 
the data required to be submitted to the Agency. This Notice includes 
the text of a Notice of Intent to Suspend, absent specific chemical, 
product, or factual information. Table A of this Notice further 
identifies the registrants to whom the Notices of Intent to Suspend 
were issued, the date each Notice of Intent to Suspend was issued, the 
active ingredient(s) involved, and the EPA registration numbers and 
names of the registered product(s) which are affected by the Notices of 
Intent to Suspend. Moreover, Table B of this Notice identifies the 
basis upon which the Notices of Intent to Suspend were issued. Finally, 
matters pertaining to the timing of requests for hearing are specified 
in the Notices of Intent to Suspend and are governed by the deadlines 
specified in section 3(c)(2)(B). As required by section 6(f)(2), the 
Notices of Intent to Suspend were sent by certified mail, return 
receipt requested, to each affected registrant at its address of 
record.

FOR FURTHER INFORMATION CONTACT: Harold Day, Office of Compliance 
(2225A), Agriculture and Ecosystem Division, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, (202) 564-
4133.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me

    This action is directed to the public in general. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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.

II. Text of a Notice of Intent to Suspend

    The text of a Notice of Intent to Suspend, absent specific 
chemical, product, or factual information, follows:

United States Environmental Protection Agency

Office of Prevention, Pesticides and Toxic Substances

Washington, DC 20460
Certified Mail
Return Receipt Requested
SUBJECT: Suspension of Registration of Pesticide Product(s) 
Containing Dichlobenil for Failure to Comply with the Dichlobenil 
Section 4 Phase 5 Reregistration Eligibility Document Data Call-In 
Notice Dated October 1998
    Dear Sir/Madam:
    This letter gives you notice that the pesticide product 
registrations listed in Attachment I will be suspended 30 days from 
your receipt of this letter unless you take steps within that time to 
prevent this Notice from automatically becoming a final and effective 
order of suspension. The Agency's authority for suspending the 
registrations of your products is section 3(c)(2)(B) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Upon becoming a 
final and effective order of suspension, any violation of the order 
will be an unlawful act under section 12(a)(2)(J) of FIFRA.
    You are receiving this Notice of Intent to Suspend because you have 
failed to comply with the terms of the Phase 5 Reregistration 
Eligibility Document Data Call-In Notice imposed pursuant to section 
4(g)(2)(b) and section (3)(2)(B) of FIFRA.
    The specific basis for issuance of this Notice is stated in the 
Explanatory Appendix (Attachment III) to this Notice. The affected 
products and the requirements which you failed to satisfy are listed 
and described in the following three attachments:
    Attachment I Suspension Report--Product List
    Attachment II Suspension Report--Requirement List
    Attachment III Suspension Report--Explanatory Appendix
    The suspension of the registration of each product listed in 
Attachment I will become final unless at least one of the following 
actions is completed.
    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 this Notice. If you request a 
hearing, it will be conducted in accordance with the

[[Page 58547]]

requirements of section 6(d) of FIFRA and the Agency's procedural 
regulations in 40 CFR part 164.
    Section 3(c)(2)(B), 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, 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 (1) include 
specific objections which pertain to the allowable issues which may be 
heard at the hearing, (2) identify the registrations for which a 
hearing is requested, and (3) 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 
asserts that he would be adversely affected by the suspension action 
described in this Notice. Three copies of the request must be submitted 
to: Hearing Clerk, 1900, U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and an additional copy 
should be sent to the signatory listed below. The request must be 
received by the Hearing Clerk by the 30th day from your receipt of this 
Notice 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 30 days after your receipt 
of this Notice 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 Judicial Officer, 
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 30 days of your receipt 
of this Notice, the Agency determines that you have taken appropriate 
steps to comply with the Section 4 Phase 5 Reregistration Eligibility 
Document Data Call-In Notice requirements. In order to avoid suspension 
under this option, you must satisfactorily comply with Attachment II, 
Requirement List, for each product by submitting all required 
supporting data/information described in Attachment II and in the 
Explanatory Appendix (Attachment III) to the following address 
(preferably by certified mail):
    Office of Compliance (2225A), Agriculture and Ecosystems Division, 
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    For you to avoid automatic suspension under this Notice, the Agency 
must also determine within the applicable 30-day 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(s).
    The suspension of the registration(s) of your company's product(s) 
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 the attachments to the signatory below.
    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 registrant 
subject to this Notice, including all supplemental registrants of 
product(s) listed in Attachment I, 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(s) listed in Attachment I.
    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(s) listed in Attachment I.
    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(s) listed in Attachment I in any manner which would 
have been unlawful prior to the suspension.
    If the registrations of your products listed in Attachment I are 
currently suspended as a result of failure to comply with another 
Section 4 Data Requirements Notice or Section 3(c)(2)(B) Data Call-In 
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.
    You are reminded that it is your responsibility as the basic 
registrant to notify all supplementary registered distributors of your 
basic registered product that this suspension action also applies to 
their supplementary registered products and that you may be held liable 
for violations committed by your distributors. If you have any 
questions about the requirements and procedures set forth in this 
suspension notice or in the subject section 4 Data Requirements Notice, 
please contact Francisca Liem at (202) 564-2365.
    Sincerely yours,

[[Page 58548]]

    Director, Agriculture and Ecosystems Division, Office of Compliance
    Attachments:
    Attachment I--Product List
    Attachment II--Requirement List
    Attachment III--Explanatory Appendix

III. Registrants Receiving and Affected by Notices of Intent to 
Suspend; Date of Issuance; Active Ingredient and Products Affected

    The following is a list of products for which a letter of 
notification has been sent:

                                           Table A.--List of Products
----------------------------------------------------------------------------------------------------------------
                                     EPA Registration
        Registrant Affected               Number         Active Ingredient       Name of Product     Date Issued
----------------------------------------------------------------------------------------------------------------
Toby's Chemical Co. Inc.                  06815300001  Dichlobenil            Dichlojell Root            8/10/00
                                                                               Killer Cream
----------------------------------------------------------------------------------------------------------------
Voluntary Purchasing Group, Inc.          00740100395  Dichlobenil            American Brand             8/10/00
                                                                               Casoron Granules
----------------------------------------------------------------------------------------------------------------

IV. Basis for Issuance of Notice of Intent; Requirement List

    The following companies failed to submit the following requirement 
data or information:

                                         Table B.--List of Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                                       Original
            Active Ingredient                  Registrant Affected            Requirement Name         Due-Date
----------------------------------------------------------------------------------------------------------------
Dichlobenil                                Toby's Chemical Co. Inc.     Chemical Identity                 7/1/99
                                                                         (Guideline Reference No:
                                                                         61-1)
                                                                        Beginning Material and            7/1/99
                                                                         Manufacturing Process
                                                                         (Guideline Reference No:
                                                                         61-2(a))
                                                                        Discussion of Impurities          7/1/99
                                                                         (Guideline Reference No:
                                                                         61-2(b))
                                                                        Preliminary Analysis of           7/1/99
                                                                         Product Samples (Guideline
                                                                         Reference No: 62-1)
                                                                        Certification of Ingredient       7/1/99
                                                                         Limits (Guideline
                                                                         Reference No: 62-2)
                                                                        Analytical Method to Verify       7/1/99
                                                                         Certified Limits
                                                                         (Guideline Reference No:
                                                                         62-3)
                                                                        Color (Guideline Reference        7/1/99
                                                                         No: 63-2)
                                                                        Physical State (Guideline         7/1/99
                                                                         Reference No: 63-3)
                                                                        Density, Bulk Density, or         7/1/99
                                                                         Specific Gravity
                                                                         (Guideline Reference No:
                                                                         63-7)
                                                                        pH (Guideline Reference No:       7/1/99
                                                                         63-12)
                                                                        Stability (Guideline              7/1/99
                                                                         Reference No: 63-13)
                                                                        Oxidizing/Reducing Action         7/1/99
                                                                         (Guideline Reference No:
                                                                         63-14)
                                                                        Flammability (Guideline           7/1/99
                                                                         Reference No: 63-15)
                                                                        Explodability (Guideline          7/1/99
                                                                         Reference No: 63-16)
                                                                        Storage Stability                 7/1/99
                                                                         (Guideline Reference No:
                                                                         63-17)
                                                                        Viscosity (Guideline              7/1/99
                                                                         Reference No: 63-18)
                                                                        Miscibility (Guideline            7/1/99
                                                                         Reference No: 63-19)
                                                                        Corrosion Characteristics         7/1/99
                                                                         (Guideline Reference No:
                                                                         63-20)
                                                                        Dielectric Breakdown              7/1/99
                                                                         Voltage (Guideline
                                                                         Reference No: 63-21)
                                                                        Acute Oral Toxicity--Rat          7/1/99
                                                                         (Guideline Reference No:
                                                                         81-1)
                                                                        Acute Dermal Toxicity--           7/1/99
                                                                         Rabbit/Rat (Guideline
                                                                         Reference No: 81-2)
                                                                        Acute Inhalation Toxicity--       7/1/99
                                                                         Rat (Guideline Reference
                                                                         No: 81-3)
                                                                        Primary Eye Irritation--          7/1/99
                                                                         Rabbit (Guideline
                                                                         Reference No: 81-4)
                                                                        Primary Dermal Irritation         7/1/99
                                                                         (Guideline Reference No:
                                                                         81-5)
                                                                        Dermal Sensitization              7/1/99
                                                                         (Guideline Reference No:
                                                                         81-6)
                                                                        90-Day Response                   7/1/99
                                                                        Confidential Statement of         7/1/99
                                                                         Formula (CSF) Form
                                                                        8-Month Response                  7/1/99
----------------------------------------------------------------------------------------------------------------
Dichlobenil                                Voluntary Purchasing Group,  Chemical Identity                 7/1/99
                                            Inc.                         (Guideline Reference No:
                                                                         61-1)
                                                                        Beginning Material and            7/1/99
                                                                         Manufacturing Process
                                                                         (Guideline Reference No:
                                                                         61-2(a))
                                                                        Discussion of Impurities          7/1/99
                                                                         (Guideline Reference No:
                                                                         61-2(b))
                                                                        Preliminary Analysis of           7/1/99
                                                                         Product Samples (Guideline
                                                                         Reference No: 62-1)
                                                                        Certification of Ingredient       7/1/99
                                                                         Limits (Guideline
                                                                         Reference No: 62-2)
                                                                        Analytical Method to Verify       7/1/99
                                                                         Certified Limits
                                                                         (Guideline Reference No:
                                                                         62-3)
                                                                        Color (Guideline Reference        7/1/99
                                                                         No: 63-2)
                                                                        Physical State (Guideline         7/1/99
                                                                         Reference No: 63-3)

[[Page 58549]]

 
                                                                        Density, Bulk Density, or         7/1/99
                                                                         Specific Gravity
                                                                         (Guideline Reference No:
                                                                         63-7)
                                                                        pH (Guideline Reference No:       7/1/99
                                                                         63-12)
                                                                        Stability (Guideline              7/1/99
                                                                         Reference No: 63-13)
                                                                        Oxidizing/Reducing Action         7/1/99
                                                                         (Guideline Reference No:
                                                                         63-14)
                                                                        Flammability (Guideline           7/1/99
                                                                         Reference No: 63-15)
                                                                        Explodability (Guideline          7/1/99
                                                                         Reference No: 63-16)
                                                                        Storage Stability                 7/1/99
                                                                         (Guideline Reference No:
                                                                         63-17)
                                                                        Viscosity (Guideline              7/1/99
                                                                         Reference No: 63-18)
                                                                        Miscibility (Guideline            7/1/99
                                                                         Reference No: 63-19)
                                                                        Corrosion Characteristics         7/1/99
                                                                         (Guideline Reference No:
                                                                         63-20)
                                                                        Dielectric Breakdown              7/1/99
                                                                         Voltage (Guideline
                                                                         Reference No: 63-21)
                                                                        Acute Oral Toxicity--Rat          7/1/99
                                                                         (Guideline Reference No:
                                                                         81-1)
                                                                        Acute Dermal Toxicity--           7/1/99
                                                                         Rabbit/Rat (Guideline
                                                                         Reference No: 81-2)
                                                                        Acute Inhalation Toxicity--       7/1/99
                                                                         Rat (Guideline Reference
                                                                         No: 81-3)
                                                                        Primary Eye Irritation--          7/1/99
                                                                         Rabbit (Guideline
                                                                         Reference No: 81-4)
                                                                        Primary Dermal Irritation         7/1/99
                                                                         (Guideline Reference No:
                                                                         81-5)
                                                                        Dermal Sensitization              7/1/99
                                                                         (Guideline Reference No:
                                                                         81-6)
                                                                        90-Day Response                   7/1/99
                                                                        Confidential Statement of         7/1/99
                                                                         Formula (CSF) Form
                                                                        8-Month Response                  7/1/99
----------------------------------------------------------------------------------------------------------------

V. Attachment III Suspension Report--Explanatory Appendix

    A discussion of the basis for the Notices of Intent to Suspend 
follows:

Dichlobenil

A. Toby Chemical Co.

    In October 1998, the Agency issued the Phase 5 Reregistration 
Eligibility Document Data Call-In Notice imposed pursuant to sections 
4(g)(2)(B) and 3(c)(2)(B) of FIFRA which required the registrants of 
products containing Dichlobenil used as an active ingredient to develop 
and submit certain data. These data/information were determined to be 
necessary to satisfy reregistration data requirements of section 4(g). 
Failure to comply with the requirements of a Phase 5 Registration 
Eligibility Document Call-In Notice is a basis for suspension under 
section 3(c)(2)(b) of FIFRA. You received this notice on November 2, 
1998, as evidenced by the U.S. Postal Service green card return 
receipt. This Data Call-In Notice required the registrant to submit a 
90-day response indicating their intent to submit the required data and 
the 8-month response submitting the required data.
    On May 10, 1999, Brazos Associates, Inc., agent for General 
Chemical Co., notified the Agency that the product Dichlojell (EPA 
Registration No. 68153-1), transferred from Toby Chemical Co. to 
General Chemical Co. Brazos Associates indicated in the May 10, 1999 
letter that General Chemical Co. has elected to let this product go 
into suspension rather than develop and submit the required product 
chemistry and acute toxicity data required to support its product's 
reregistration with the Agency. However, since no official request has 
been received by the Agency from Brazos Associates to affectuate a 
transfer of the registration to General Chemical Co., and, hence, no 
registration transfer has been completed by the Agency, Toby Chemical 
Co. is still considered the registrant of record for the registration.
    Since Toby Chemical Co. has not submitted the 90-day or 8-month 
response, nor the required data by the July 1, 1999, due date, the 
Agency is issuing this Notice of Intent to Suspend.

B. Voluntary Purchasing Group, Inc.

    In October 1988, the Agency issued a Phase 5 Reregistration 
Eligibility Document Data Call-In Notice imposed pursuant to sections 
4(g)(2)(B) and 3(c)(2)(B) of FIFRA which required the registrants of 
products containing Diclobenil used as an active ingredient to develop 
and submit certain data. These data/information were determined to be 
necessary to satisfy reregistration data requirements of section 4(g). 
Failure to comply with the requirements of a Phase 5 Reregistration 
Eligibility Document Call-In Notice is a basis for suspension under 
section 3(c)(2)(B) of FIFRA. Voluntary Purchasing Group, Inc. received 
this document on October 29, 1998, as evidenced by the U.S. Postal 
Service green card return receipt. This Data Call-In Notice required 
the registrant to submit a 90-response indicating their intent to 
submit the required data and an 8-month response submitting the 
required data.
    On March 12, 1999, Brazos Associates, Inc., agent for Voluntary 
Purchasing Group, Inc., requested that the Agency suspend the product, 
American Brands Casoron Granules (EPA Registration Number 7401-395). 
The registrant through its agent indicated that it was not submitting 
the product-specific data required to support the product's 
reregistration with the Agency.
    Since neither the 90-day or 8-month responses, nor the required 
data were submitted by the July 1, 1999 due date, the Agency is issuing 
this Notice of Intent to Suspend.

VI. Conclusions

    EPA has issued Notices of Intent to Suspend on the dates indicated. 
Any further information regarding these Notices may be obtained from 
the contact person noted above.

List of Subjects

    Environmental protection.

    Dated: September 18, 2000.
Richard Colbert,
Director, Agriculture and Ecosystems Division, Office of Compliance.
[FR Doc. 00-24781 Filed 9-28-00; 8:45 am]
BILLING CODE 6560-50-F