[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Notices]
[Pages 54444-54449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23754]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0277; FRL-7319-8]


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. 136et 
seq., announces that EPA issued Notices of Intent to Suspend pursuant 
to section 3(c)(2)(B) of FIFRA. The Notices of Intent to Suspend were 
issued following issuance of Data Call-In Notices (DCI). The DCIs 
required registrants of products containing bensulide, boric acid and 
its salts, and/or methyl nonyl ketone used as an active ingredient to 
develop and submit certain data. These data were

[[Page 54445]]

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. This 
Notice includes the text of the Notices of Intent to Suspend issued to 
Care Flex One-Year Guarantee Company, The Scotts Company, and Voluntary 
Purchasing Group. As required by section 6(f)(2), the Notice of Intent 
to Suspend was sent by certified mail, return receipt requested to each 
affected registrant at its address of record.

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 bensulide, boric acid and its 
salts, and/or methyl nonyl ketone. 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 above-mentioned 
Data Call-Ins and FIFRA, 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-2003-0277. 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 athttp://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 Notices of Intent to Suspend pursuant 
to section 3(c)(2)(B) of FIFRA to Care Flex One-Year Guarantee Company, 
The Scotts Company, and the Voluntary Purchasing Group. The Notices of 
Intent to Suspend were issued on July 23, 2003.

III. Text of the Notice to Suspend

    The text of the Notices of Intent to Suspend absent specific 
chemical, product, or factual information issued to Care Flex One-Year 
Guarantee Company, The Scotts Company, and Voluntary Purchasing Group 
follows:
United States Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
Washington, DC 20460

November 27, 2002

Certified Mail
Return Receipt Requested

SUBJECT: Suspension of Registration of Pesticide Product(s) 
Containing________ for Failure to Comply with the ________ Section 4 
Phase 5 Reregistration Eligibility Document Data Call-In Notice 
Issued________

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 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

[[Page 54446]]

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. Registrants Receiving and Affected by Notice of Intent to Suspend

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

                                             Table A.--Product List
----------------------------------------------------------------------------------------------------------------
                                     EPA Registration                                                  Date DCI
       Registrant Affected                Number           Active Ingredient      Name of Product       Issued
----------------------------------------------------------------------------------------------------------------
Care-Flex One-Year Guarantee       66680-1               Boric acid and its    Care-Flea Home            2/16/94
 Company                                                  sodium salts          Treatment
----------------------------------------------------------------------------------------------------------------
The Scotts Company                 538-164               Bensulide             Proturf Goosegrass/       7/11/00
                                                                                Crabgrass Control
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Voluntary Purchasing Group         7401-439              Methyl nonyl ketone   Fert-Pro Dog-Gon and      2/28/96
                                                                                Cat Repellent
----------------------------------------------------------------------------------------------------------------

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

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

[[Page 54447]]



                                           Table B.--Requirement List
----------------------------------------------------------------------------------------------------------------
                                                                                Guideline
       Registant Affected          Active Ingredient     Requirement Name    Reference Number       Due Date
----------------------------------------------------------------------------------------------------------------
Care-Flex One-Year Guarantee       Boric acid and its  90-Day response                    ---           06/11/94
 Company                           sodium salts
                                                      ----------------------
                                                       Confidential                       ---           11/11/94
                                                        Statement of
                                                        Formula
                                                      ----------------------
                                                       8-Month response                   ---           11/11/94
                                                      ----------------------
                                                       Product identity                  61-1           11/11/94
                                                        and composition
                                                      ----------------------
                                                       Description                    61-2(a)           11/11/94
                                                        starting
                                                        materials,
                                                        production &
                                                        formulation
                                                        process
                                                      ----------------------
                                                       Discussion of                  61-2(b)           11/11/94
                                                        formation of
                                                        impurities
                                                      ----------------------
                                                       Preliminary                       62-1           11/11/94
                                                        analysis
                                                      ----------------------
                                                       Certification of                  62-2           11/11/94
                                                        limits
                                                      ----------------------
                                                       Analytical method                 62-3           11/11/94
                                                      ----------------------
                                                       Color                             63-2           11/11/94
                                                      ----------------------
                                                       Physical state                    63-3           11/11/94
                                                      ----------------------
                                                       Odor                              63-4           11/11/94
                                                      ----------------------
                                                       Density                           63-7           11/11/94
                                                      ----------------------
                                                       PH                               63-12           11/11/94
                                                      ----------------------
                                                       Oxidizing or                     63-14           11/11/94
                                                        reducing action
                                                      ----------------------
                                                       Explodability                    63-16           11/11/94
                                                      ----------------------
                                                       Storage stability                63-17           11/11/94
                                                      ----------------------
                                                       Viscosity                        63-18           11/11/94
                                                      ----------------------
                                                       Corrosion                        63-20           11/11/94
                                                        characteristics
                                                      ----------------------
                                                       Acute oral toxicity-              81-1           11/11/94
                                                        rat
                                                      ----------------------
                                                       Acute dermal                      81-2           11/11/94
                                                        toxicity-rabbit/
                                                        rat
                                                      ----------------------
                                                       Acute inhalation-                 81-3           11/11/94
                                                        toxicity-rat
                                                      ----------------------
                                                       Primary eye                       81-4           11/11/94
                                                        irritation-rabbit
                                                      ----------------------
                                                       Primary dermal                    81-5           11/11/94
                                                        irritation
                                                      ----------------------
                                                       Dermal                            81-6           11/11/94
                                                        sensitization
                                                      ----------------------
                                                       Treatments                      95-2,3           11/11/94
                                                      ----------------------
                                                       Manmade premises                 95-10           11/11/94
                                                      ----------------------
                                                       Premises treatment               95-11           11/11/94
                                                      ----------------------
                                                       Treatments                       95-12           11/11/94
                                                      ----------------------
                                                       Stored products                  95-13           11/11/94
                                                        treatment
----------------------------------------------------------------------------
The Scotts Company                Bensulide            Product identity               158.155           12/30/01
                                                        and composition
                                                      ----------------------
                                                       Description of                 158.160           12/30/01
                                                        starting materials
                                                      ----------------------

[[Page 54448]]

 
                                                       Description of                 158.162           12/30/01
                                                        production process
                                                      ----------------------
                                                       Description of                 158.165           12/30/01
                                                        formulation
                                                        process
                                                      ----------------------
                                                       Discussion of                  158.167           12/30/01
                                                        impurity formation
                                                      ----------------------
                                                       Preliminary                    158.170           12/30/01
                                                        analysis
                                                      ----------------------
                                                       Certification of               158.175           12/30/01
                                                        limits
                                                      ----------------------
                                                       Enforcement                    158.180           12/30/01
                                                        analytical method
                                                      ----------------------
                                                       Color                             63-2           12/30/01
                                                      ----------------------
                                                       Physical state                    63-3           12/30/01
                                                      ----------------------
                                                       Odor                              63-4           12/30/01
                                                      ----------------------
                                                       Density                           63-7           12/30/01
                                                      ----------------------
                                                       pH                               63-12           12/30/01
                                                      ----------------------
                                                       Oxidation/reduction              63-14           12/30/01
                                                      ----------------------
                                                       Flammability                     63-15           12/30/01
                                                      ----------------------
                                                       Explodability                    63-16           12/30/01
                                                      ----------------------
                                                       Storage stability                63-17           12/30/01
                                                      ----------------------
                                                       Viscosity                        63-18           12/30/01
                                                      ----------------------
                                                       Miscibility                      63-19           12/30/01
                                                      ----------------------
                                                       Corrosion                        63-20           12/30/01
                                                        characteristics
                                                      ----------------------
                                                       Dielectric                       63-21           12/30/01
                                                        breakdown voltage
                                                      ----------------------
                                                       Acute oral toxicity               81-1           06/30/01
                                                      ----------------------
                                                       Acute dermal                      81.2           06/30/01
                                                        toxicity
                                                      ----------------------
                                                       Acute inhalation                  81-3           06/30/01
                                                        toxicity
                                                      ----------------------
                                                       Primary eye                       81-4           06/30/01
                                                        irritation
                                                      ----------------------
                                                       Primary dermal                    81-5           06/30/01
                                                        irritation
                                                      ----------------------
                                                       Skin sensitization                81-6           06/30/01
----------------------------------------------------------------------------
Voluntary Purchasing Group        Methyl nonyl ketone  Storage stability     63-17 (830-6317)            8/28/00
                                                      ----------------------
                                                       Corrosion             63[dash]20 (830-            8/28/00
                                                        characteristics                 6320)
----------------------------------------------------------------------------------------------------------------

VI. Attachment III Suspension Report-Explanatory Appendix

    The Explanatory Appendix provides a discussion of the basis for the 
Notice of Intent to Suspend issued herewith.

A. Bensulide

    On July 11, 2000, the Agency issued the Phase 5 
ReregistrationEligibility Document Data Call-In Notice pursuant to 
sections 4(g)(2)(B)and 3(c)(2)(B) of FIFRA which required the 
registrants of productscontaining bensulide used as an active 
ingredient to develop and submitcertain data. These data/information 
were determined to be necessary tosatisfy reregistration 
requirements of section 4(g). Failure to complywith the requirements 
of a Phase 5 Reregistration Eligibility DocumentData Call-In Notice 
is a basis for suspension under section 3(c)(2)(B) ofFIFRA.
    The Scotts Company (Scotts) received the Bensulide 
ReregistrationEligibility Document (RED) on July 20, 2000, as 
evidenced by a U.S. PostalService domestic return receipt card. 
Therefore, the 90-day response wasdue on October 20, 2000, and the 
8-month response was due on March 20,2001.
    In its 90-day response, dated October 30, 2000 (received by 
theAgency on November 2, 2000), Scotts requested a time extension to 
submittheir product-specific data. For the acute toxicity date, the 
companyrequested a time extension until June 30, 2001, and for the 
productchemistry data, it requested an extension until December 30, 
2001. TheAgency in a letter dated December 18, 2000 granted Scotts 
time extensionrequests.
    To date, no product chemistry or acute toxicity data have 
beensubmitted to the Agency for EPA Registration No. 538-164.Because 
Scott has failed to submit the

[[Page 54449]]

required data, this Notice ofIntent to Suspend is being issued.

B. Boric Acid and its Sodium Salts

    On February 16, 1994, the Agency issued the Phase 5 
ReregistrationEligibility Document Data Call-In Notice pursuant to 
sections 4(g)(2)(B)and 3(c)(2)(B) of FIFRA which required the 
registrants of productscontaining boric acid and its sodium salts 
used as an active ingredient todevelop and submit certain data. 
These data/information were determinedto be necessary to satisfy 
reregistration requirements of section 4(g).Failure to comply with 
the requirements of a Phase 5 ReregistrationEligibility Document 
Data Call-In Notice is a basis for suspension undersection 
3(c)(2)(B) of FIFRA.
    Care-Flex One-Year Guarantee Company received the Boric Acid and 
ItsSodium Salts Reregistration Eligibility Document (RED) on March 
11, 1994,as evidenced by a U.S. Postal Service green card. The 
Agency has notreceived either the 90-day response or the 8-month 
response to the Boric Acid and Its Sodium Salts RED for the product 
EPA Registration Number66680-1. The 90-day response was due on June 
11, 1994, and the 8-month response was due on November 11, 1994. The 
Agency has sent two follow-up letters to the registrant dated April 
22, 2002 and August 19, 2002,respectively, and those letters were 
received by the registrant on April27, 2002, and August 23, 2002, 
respectively, as evidenced by the U.S.Postal Service green cards. To 
date, the registrant has not responded.
    Because Care-Flex One-Year Guarantee Company has not submitted 
the requiredDCI/RED responses and data, the Agency is issuing this 
Notice of Intent toSuspend.

C. Methyl Nonyl Ketone

    On February 28, 1996, the Agency issued the Phase 5 
ReregistrationEligibility Document Data Call-In Notice pursuant to 
sections 4(g)(2)(B)and 3(c)(2)(B) of FIFRA which required the 
registrants of productscontaining Methyl Nonyl Ketone used as an 
active ingredient to develop andsubmit certain data. These data/
information were determined to benecessary to satisfy reregistration 
requirements of section 4(g). Failureto comply with the requirements 
of a Phase 5 Reregistration EligibilityDocument Data Call-In Notice 
is a basis for suspension under section3(c)(2)(B) of FIFRA.
    Voluntary Purchasing Group received the Methyl Nonyl 
KetoneReregistration Eligibility Document Data Call-In Notice (RED) 
on March 9,1996, as evidenced by a U.S. Postal Service Domestic 
return receipt card.The 90-day response was received on June 26, 
1996.
    The Agency completed its review of the product chemistry data 
onFebruary 28, 2002. The data requirements for Guideline 63-17 
(StorageStability) and Guideline 63-20 (Corrosion Characteristics) 
were notsatisfied. The interim report submitted by Voluntary 
Purchasing Groupby letter dated February 18, 2002 related to an 
unacceptable study and thedata requirements remain unsatisfied. In 
an Agency letter dated March 6,2002 to Michael Jackson (consultant 
for Voluntary Purchasing Group) a timeextension was granted since a 
new study had been reportedly initiated inDecember 2001, according 
to information provided to the Agency by Mr.Jackson. The new 
deadline for submission of the storage stability andcorrosion 
characteristics data was January 2003. Subsequently, theAgency sent 
a letter dated January 15, 2003, as no data addressing thesetwo 
outstanding requirements had been received as of that date. 
Thatletter, which was received by Mr. Jackson on January 21, 2003 
(asevidenced by a U.S. Postal Service domestic return receipt card), 
informedhim and his client that a Notice of Intent to Suspend would 
beinitiated if the outstanding data were not received by January 31, 
2003.
    To date, the Agency has not received the required data. 
Becausethe required data have not been received, the Agency is 
issuing thisNotice of Intent to Suspend.

VII. 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. 136et seq.

List of Subjects

    Environmental protection.


    Dated: September 4, 2003.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of 
Enforcement and Compliance Assurance.

[FR Doc. 03-23754 Filed 9-16-03; 8:45 am]
BILLING CODE 6560-50-S