[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Notices]
[Pages 9656-9660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4776]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0040; FRL-7292-1]


Intent to Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance of notice of intent to suspend.

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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 issued a Notice of Intent to Suspend pursuant 
to section 3(c)(2)(B) of FIFRA and that the Notice of Intent to Suspend 
has since become an effective suspension order. The Notice of Intent to 
Suspend was issued following issuance of the 1991 Thiram Data Call-In 
Notice (DCI). The DCI required registrants of products containing 
thiram used as an active ingredient to

[[Page 9657]]

develop and submit certain data. These data were determined to be 
necessary to maintain the continued registration of affected products. 
Failure to comply with the data requirements of a DCI is a basis for 
suspension under section 3(c)(2)(B) of FIFRA. Prochimie International, 
Inc. holds the registration of a technical thiram product (EPA 
Registration Number 8236-2) and is therefore subject to the 
requirements of the 1991 DCI. Prochimie's technical thiram product is 
currently registered only for nonresidential turf use. This Notice 
includes the text of the Notice of Intent to Suspend which was issued 
to Prochimie on November 27, 2002. The text identifies the registrant 
involved, the active ingredient involved, the EPA Registration Number, 
the name of the affected product, and the basis upon which the Notice 
of Intent to Suspend was issued. As required by section 6(f)(2), the 
Notice of Intent to Suspend was sent by certified mail, return receipt 
requested to Prochimie, Inc. at its address of record. The Notice of 
Intent to Suspend was received on December 4, 2002, by the registrant 
and became an effective suspension order on January 4, 2003.

Dates: The Notice of Intent to Suspend became an effective suspension 
order January 4, 2003.

FOR FURTHER INFORMATION CONTACT: Harold Day, Agriculture Division, 
2225A, Office of Enforcement and Compliance Assurance, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: 202-564-4133; fax number: 202-564-0029; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you hold EPA 
registrations for products that contain thiram. Potentially affected 
entities may include, but are not limited to pesticide registrants. 
Other types of entities not listed in this unit could also be affected. 
To determine whether you or your business may be affected by this 
action, you should carefully examine the applicability provisions in 
the 1991 Thiram Data Call-In and FIFRA regulations, specifically 
section 3(c)(2)(B). 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?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2003-0040. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified in Unit I.B.1. 
Once in the system, select ``search,'' then key in the appropriate 
docket ID number.

II. What Action is the Agency Taking?

    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 issued a Notice of Intent to Suspend pursuant 
to section 3(c)(2)(B) of FIFRA to Prochimie International, Inc. The 
Notice of Intent to Suspend was issued on November 27, 2002, and was 
received on December 4, 2002, by the registrant, Prochimie 
International, Inc., as evidenced by the U.S. Postal Service return 
receipt. No request for a hearing was received within the required 
statutory time frame and the Notice of Intent to Suspend became an 
effective suspension order on January 4, 2003, which was 30 days 
following the date of receipt of the Notice of Intent to Suspend by the 
registrant.

III. Text of the Notice to Suspend

    The text of the Notice of Intent to Suspend issued to Prochimie 
International, Inc. follows:
United States Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
Washington, DC 20460

November 27, 2002

Certified Mail
Return Receipt Requested

Ms. Mary Ann Roston
Prochimie International, Inc.
5 Waterside Crossing
Windsor, CT 06095

SUBJECT: Suspension of Registration of Pesticide Product(s) 
Containing Thiram for Failure to Comply with the Thiram Data Call-In 
Notice Dated September 16, 1991.

Dear Sir/Madam:
    This letter gives you notice that the pesticide product 
registration(s) 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 3(c)(2)(B) Data Call-In 
Notice. The specific basis for issuance of this Notice is stated in 
the Explanatory Appendix (Attachment III) to this Notice. The 
affected product(s) and the requirement(s) 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 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

[[Page 9658]]

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(s).
    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 Avenue, NW
    Washington, DC 20460
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 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 30 days of your 
receipt of this Notice, the Agency determines that you have taken 
appropriate steps to comply with the section 3(c)(2)(B) Data Call-In 
Notice. 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 Division
    U.S. Environmental Protection Agency
    1200 Pennsylvania Avenue, 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 registration(s) for your product(s) listed in Attachment 
I are currently suspended as a result of failure to comply with 
another 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.
    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 
3(c)(2)(B) Data Call-In Notice, please contact Frances Liem at (202) 
564-2365.

Sincerely yours,

Director, Agriculture Division, Office of Compliance.

Attachment I Suspension Report - Product List
Attachment II Suspension Report - Requirement List
Attachment III Suspension Report - Explanatory Appendix

IV. Registrant Receiving and Affected by Notice of Intent to Suspend

    Prochimie International, Inc. was sent a letter of notification for 
the following product.

                         Table A.--Product List
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          EPA Registration Number                   Product Name
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8236-2                                      Thiram Technical
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V. Basis for Issuance of Notice of Intent; Requirement List

    Prochimie International, Inc. failed to submit the following 
required data or information.

[[Page 9659]]



                       Table B.--Requirement List
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   Guideline Reference Number      Requirement Name        Due Date
------------------------------------------------------------------------
71-4(b)                           Avian reproduction- 9/16/93
                                   duck
------------------------------------------------------------------------
72-3(a)                           Estuarine/marine    9/16/92
                                   toxicity-fish
------------------------------------------------------------------------
72-3(b)                           Estuarine/marine    9/16/92
                                   toxicity-mollusk
------------------------------------------------------------------------
72-3(c)                           Estuarine/marine    9/16/92
                                   toxicity-shrimp
------------------------------------------------------------------------
82-2                              21-Day dermal       9/16/93
                                   toxicity rabbit/
                                   rat
------------------------------------------------------------------------
83-4                              2-Generation        9/16/95
                                   reproduction-rat
------------------------------------------------------------------------
85-1                              General metabolism  9/16/93
------------------------------------------------------------------------
122-2                             Aquatic plant       9/16/92
                                   growth
------------------------------------------------------------------------
161-1                             Hydrolysis          12/16/91
------------------------------------------------------------------------
161-2                             Photodegradation-w  12/16/91
                                   ater
------------------------------------------------------------------------
162-1                             Aerobic soil        9/16/93
                                   metabolism
------------------------------------------------------------------------
163-1                             Leaching/           9/16/92
                                   adsorption/
                                   desorption
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164-1                             Terrestrial field   9/16/93
                                   dissipation
------------------------------------------------------------------------
165-4                             Bioaccumulation in  9/16/92
                                   fish
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VI. Attachment III Suspension Report-Explanatory Appendix

    This Explanatory Appendix provides a discussion of the basis for 
the Notice of Intent to Suspend issued herewith.
    On September 16, 1991, EPA issued a Data Call-In (``1991 DCI'') 
to all registrants of products containing thiram under the authority 
of FIFRA section 3(c)(2)(B). The 1991 DCI required registrants of 
products containing thiram used as an active ingredient to develop 
and submit certain data. These data were determined to be necessary 
to maintain the continued registration of affected products. Failure 
to comply with the data requirements of a DCI is a basis for 
suspension under section 3(c)(2)(B) of FIFRA. Prochimie holds the 
registration of a technical thiram product (EPA Registration Number 
8236-2) and is therefore subject to the requirements of the 1991 
DCI. Prochimie's technical thiram product is currently registered 
only for nonresidential turf use. The following describes 
Prochimie's noncompliance with the 1991 DCI and FIFRA section 
3(c)(2)(B) for failing to meet certain data requirements in the 1991 
DCI applicable to products registered for nonresidential turf use. 
These data requirements are identified in Appendix II to this 
Notice.
    In its required 90-day response to the 1991 DCI, Prochimie 
indicated that it elected Option 2 provided in the 1991 DCI as the 
method for complying with the DCI. In a letter dated June 6, 2001, 
Prochimie emphasized that it selected only Option 2 for complying 
with the 1991 DCI and did not select Option 3 (i.e., an offer to 
pay). Selection of Option 2 indicates that the registrant has 
entered into a cost share agreement with one or more registrants to 
jointly develop data required under the 1991 DCI. To qualify for 
Option 2, the 1991 DCI requires that the registrant provide the name 
of the party who would be submitting the data. In addition, the 
registrant must provide documentary evidence that a cost share 
agreement has been formed. Such evidence can be a letter offering to 
cost share and a letter accepting such offer, or a written statement 
by the parties that an agreement exists. Prochimie's 90-day response 
indicated that it was a member of Thiram Task Force I and that Task 
Force I would be submitting the data required by the 1991 DCI.
    In a letter dated April 20, 1992, EPA notified Prochimie that 
its 90-day response was insufficient, because there were data 
requirements in the 1991 DCI that Task Force I had not committed to 
satisfy. In response, Prochimie provided EPA with a letter dated 
April 28, 1992, in which Prochimie informed Mr. Jerome C. Rockwell, 
the chairman of both Thiram Task Force I and Thiram Task Force II, 
that Prochimie ``will participate and cost share in the Thiram Task 
Force [emphasis added] submitting information for the EPA Thiram 
Data Call-In requirements regarding turf use of Thiram only.'' In 
subsequent correspondence with the Agency, Prochimie stated that, 
although not a member of Task Force II, Prochimie had agreed to 
participate in all Task Force II studies necessary to support 
nonresidential turf use of thiram.
    However, Prochimie has not provided any evidence, nor does the 
Agency have any other indication, that Thiram Task Forces I and II, 
either individually or jointly, have generated or committed to 
generate all studies necessary to satisfy the 1991 DCI requirements 
for nonresidential turf use. Task Force I was formed in 1985, by a 
consortium of registrants of products containing thiram, including 
Prochimie, for the purpose of acquiring or developing data required 
by a previous DCI issued in 1984 (``1984 DCI''). Although the 1991 
DCI restated some of the data requirements contained in the 1984 DCI 
that were still outstanding, it required additional data that were 
not included in the 1984 DCI. Prior to its dissolution on July 31, 
1992, Task Force I did not commit to satisfying any of the new data 
requirements in the 1991 DCI that were not imposed earlier by the 
1984 DCI. Similarly, Thiram Task Force II was established in May 
1989 for the development of data necessary to support primarily food 
use of thiram, which does not include nonresidential turf use. To 
date, there are data requirements applicable to nonresidential turf 
use under the 1991 DCI which neither Task Force I nor Task Force II 
have satisfied or committed to satisfy. Prochimie has not 
independently submitted studies or provided evidence that it has 
agreed to cost share with any other party for developing data to 
satisfy these data requirements or selected any other option to 
address such data requirements. Accordingly, Prochimie is in 
noncompliance with these requirements. These data requirements are 
identified in Appendix II to this Notice and are as follows: EPA 
Guideline Nos. 72-3(a), 72-3(b), and 72-3(c), 82-2, and 165-4.
    Furthermore, Prochimie failed to submit evidence required by the 
1991 DCI that a cost share agreement had been reached between Task 
Force II and Prochimie. As mentioned above, Prochimie's April 28, 
1992 letter to Mr. Rockwell stated that Prochimie ``will participate 
and cost share in the Thiram Task Force [emphasis added] submitting 
information for the EPA Thiram Data Call-In requirements regarding 
turf use of Thiram only.'' Because Mr. Rockwell was the chairman of 
both Task Force I and Task Force II, it is not clear whether 
Prochimie's letter

[[Page 9660]]

intended to restate its commitment to cost share with Task Force I 
or to make an offer to cost share with Task Force II. In any case, 
Prochimie's letter at most shows that Prochimie made an offer to 
cost share, which was an option it emphasized that it had not 
selected. Prochimie did not provide any evidence that it had 
selected the option of offer to pay or that any such offer had been 
accepted. In order to support the option Prochimie selected to 
address the data requirements, it must provide evidence that any 
such offer had been accepted. Prochimie did not do that. Although 
Prochimie paid Task Force II for the use of several specific studies 
which are not involved in this Notice, those payments do not provide 
any evidence that a cost share agreement has been reached with 
respect to any other studies required by the 1991 DCI for 
nonresidential turf use that Task Force II submitted or has 
committed to submit. In fact, Mr. Rockwell, the chairman of Task 
Force II, stated in an affidavit dated May 2, 2000, that ``No 
written offer-to-pay or any offer to jointly develop any data as 
required by and identified in the 1991 DCI has ever been received by 
Thiram Task Force II. . .from Prochimie.'' Since Task Force II does 
not believe that it has ever received an offer to cost share from 
Prochimie, it is unlikely that a cost share agreement has been 
reached between Prochimie and Task Force II. Without adequate proof 
of such an agreement, Prochimie may not claim an ownership interest 
in Task Force II's data for which Prochimie has not paid and hence 
may not claim that such data satisfies Prochimie's obligations. 
Consequently, the Agency considers that Prochimie is in 
noncompliance with certain data requirements for nonresidential turf 
use imposed by the 1991 DCI irrespective of Task Force II's actions 
to address those data requirements. Those data requirements are 
identified in Appendix II to this Notice and are as follows: EPA 
Guideline Nos. 71-4(b), 83-4, 85-1, and 122-2.
    Moreover, prior to its dissolution, Task Force I failed to 
satisfy certain 1984 DCI data requirements for nonresidential turf 
use that were also imposed by the 1991 DCI. Because Prochimie was a 
member of Task Force I and has not independently submitted data or 
otherwise addressed these requirements, Prochimie is in 
noncompliance with these requirements. These data requirements are 
identified in Appendix II to this Notice and are as follows: EPA 
Guideline Nos. 161-1, 161-2, 162-1, 163-1, and 164-1.
    In a letter dated December 21, 1998, EPA informed Prochimie that 
the data required under the 1991 DCI were long overdue and that 
Prochimie had satisfied only those data requirements that had been 
satisfied by Task Force I prior to its dissolution. In a letter 
dated January 12, 1999, Prochimie informed EPA that ``Prochimie cost 
shared/co-owned several studies submitted by Task Force II.'' 
However, Prochimie did not provide the evidence required by the 1991 
DCI that Prochimie and Task Force II have agreed to cost share in 
the development of any other data required by the 1991 DCI for 
nonresidential turf use. Prochimie's letter also restated 
Prochimie's commitment to satisfy certain data requirements that 
neither Task Forces committed to fulfill. However, Prochimie did not 
submit any studies or proof required by the 1991 DCI of a cost share 
agreement with any party obligated to satisfy these data 
requirements.
    In a letter dated June 29, 1999, Prochimie requested data 
waivers (or determination of nonapplicability or no need for 
additional data) for, among others, the following data requirements: 
Guideline Nos. 82-2, 83-4, 122-2, 161-1, 161-2, 163-1, and 164-1, 
and 165-4. After careful consideration of Prochimie's requests, EPA 
denied the request for waiver of the above mentioned data 
requirements in letters dated May 21, 2001 and August 31, 2001.
    In a letter dated August 31, 2001, EPA informed Prochimie of its 
failure to demonstrate that it had taken appropriate steps to secure 
data required by the 1991 DCI. In an attachment to the letter, EPA 
identified all of the data requirements for nonresidential turf use 
under the 1991 DCI and the names of the parties who submitted 
studies for those requirements. As shown in that attachment, UCB 
Chemicals Corporation, Inc. (``UCB''), not Task Force I or II, 
satisfied a number of data requirements under the 1991 DCI for 
nonresidential turf use. The letter notified Prochimie of the 
Agency's intent to issue a Notice of Intent to Suspend Prochimie's 
technical thiram registration unless, within 30 calendar days of its 
receipt of the letter, EPA received from Prochimie certain required 
data or proof of an agreement or offer to cost share with UCB. In 
its October 4, 2001 response, Prochimie did not provide any of the 
data/information that the Agency required, but instead requested a 
re-evaluation of the Agency's determination not to waive certain 
environmental fate studies, clarification of applicable existing 
data, and a determination of data requirements applicable to the 
nonresidential turf use.
    To date, Prochimie has failed to take appropriate steps to 
secure certain data required by the 1991 DCI applicable to 
nonresidential turf use and remains in noncompliance with those data 
requirements, which are set forth in Appendix II to this Notice. 
Accordingly, the Agency is issuing this Notice of Intent to Suspend.

V. What is the Agency's Authority for Taking this Action?

    The Agency's authority for taking this action is section 6(f)(2) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 
U.S.C. 136 et seq.

List of Subjects

    Environmental protection.


    Dated: February 4, 2003.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of 
Enforcement and Compliance Assurance.
[FR Doc. 03-4776 Filed 2-27-03; 8:45 am]
BILLING CODE 6560-50-S