[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3130-3133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-935]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-1023; FRL-8858-6]


Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice, pursuant to section 6(f)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), announces a notice 
of intent to suspend issued by EPA pursuant to section 3(c)(2)(B) of 
FIFRA. The Notice of Intent to Suspend was issued following the 
Agency's issuance of a Data Call-In notice (DCI), which required the 
registrants of the affected pesticide products containing a certain 
pesticide active ingredient to take appropriate steps to secure certain 
data, and following the registrant's failure to submit these data or to 
take other appropriate steps to secure the required data. The subject 
data were determined to be required to maintain in effect the existing 
registrations of the affected products. Failure to comply with the data 
requirements of a DCI is a basis for suspension of the affected 
registrations under section 3(c)(2)(B) of FIFRA.

DATES: The Notice of Intent to Suspend included in this Federal 
Register notice will become a final and effective suspension order 
automatically by operation of law 30 days after the date of the 
registrant's receipt of the mailed Notice of Intent to Suspend or 
February 18, 2011 (if the mailed notice of intent to suspend is 
returned to the Administrator as undeliverable, if delivery is refused, 
or if the Administrator otherwise is unable to accomplish delivery to 
the registrant after making reasonable efforts to do so), unless during 
that time a timely and adequate request for a hearing is made by a 
person adversely affected by the Notice of Intent to Suspend or the 
registrant has satisfied the Administrator that the registrant has 
complied fully with the requirements that served as a basis for the 
Notice of Intent to Suspend. Unit IV. explains what must be done to 
avoid suspension under this notice (i.e., how to request a hearing or 
how to comply fully with the requirements that served as a basis for 
the Notice of Intent to Suspend).

FOR FURTHER INFORMATION CONTACT: Terria Northern, Pesticide Re-
evaluation Division, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-7093; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, farm worker and agricultural advocates; the chemical industry; 
pesticide users; and members of the public interested in the sale, 
distribution, or use of pesticides. Since others also may be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. 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?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-1023. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. Registrant Issued Notice of Intent To Suspend Active Ingredient, 
Product Affected, and Dates Issued

    The Notice of Intent to Suspend was sent via the U.S. Postal 
Service (USPS) return receipt requested to the registrant for the 
product listed in Table 1 of this unit.

                                            Table 1--List of Products
----------------------------------------------------------------------------------------------------------------
                                                             EPA                               Date EPA issued
       Registrant affected         Active ingredient     registration       Product name      notice of  intent
                                                            number                                to suspend
----------------------------------------------------------------------------------------------------------------
Stet Acquisition, Inc...........  Rotenone...........          74343-1  True Stop            December 6, 2010
                                                                         Insecticide.
----------------------------------------------------------------------------------------------------------------

III. Basis for Issuance of Notice of Intent To Suspend; Requirement 
List

    The registrant failed to submit the required data or information or 
to take other appropriate steps to secure the required data for their 
pesticide products listed in Table 2 of this unit.

[[Page 3131]]



                                                              Table 2--List of Requirements
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                                    Guideline
                                    
                                    as listed                                                Date registrant                          Reason for notice
     EPA registration number            in        Requirement name    Date EPA issued DCI      received DCI     Final data due date      of intent to
                                    applicable                                                                                            suspend *
                                       DCI
--------------------------------------------------------------------------------------------------------------------------------------------------------
74343-1..........................     830.1550  Product identity and  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 composition.
                                      830.1600  Description of        January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 materials used to
                                                 produce the product.
                                      830.1620  Description of        January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 production process.
                                      830.1650  Description of        January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 formulation process.
                                      830.1670  Discussion of         January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 formation of
                                                 impurities.
                                      830.1700  Preliminary analysis  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.1750  Certified limits....  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.1800  Enforcement           January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 analytical method.
                                      830.6302  Color...............  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.6303  Physical state......  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.6304  Odor................  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.6313  Stability to normal   January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 and elevated
                                                 temperatures,
                                                 metals, and metal
                                                 ions.
                                      830.6314  Oxidizing or          January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 reducing action.
                                      830.6315  Flammability........  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.6316  Explodability.......  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.6317  Storage stability...  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.6319  Miscibility.........  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.6320  Corrosion             January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 characteristics.
                                      830.6321  Dielectric breakdown  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 voltage.
                                      830.7000  pH..................  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.7050  UV/Visible            January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 absorption.
                                      830.7100  Viscosity...........  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      830.7200  Melting point/        January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 melting range.
                                      830.7220  Boiling point/        January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 Boiling range.
                                      830.7300  Density/relative      January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 density.
                                      830.7370  Dissociation          January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 constants in water.
                                      830.7550  Partition             January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 coefficient (n-
                                                 octanol/water)
                                                 shake flask method.
                                      830.7570  Partition             January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 coefficient (n-
                                                 octanol/water),
                                                 estimation by
                                                 liquid
                                                 chromatography.
                                      830.7840  Water solubility:     January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 Column elution
                                                 method, shake flask
                                                 method.
                                      830.7860  Water solubility,     January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 generator column
                                                 method.
                                      830.7950  Vapor pressure......  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      870.1100  Acute Oral Toxicity.  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                      870.1200  Acute dermal          January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 toxicity.
                                      870.1300  Acute inhalation      January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 toxicity.
                                      870.2400  Acute eye irritation  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.

[[Page 3132]]

 
                                      870.2500  Acute dermal          January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
                                                 irritation.
                                      870.2600  Skin sensitization..  January 21, 2010...  January 29, 2010...  September 30, 2010.  No data received.
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. How To Avoid Suspension Under this Notice?

    You may avoid suspension under this notice if you or another person 
adversely affected by this notice properly request a hearing within 30 
days of your receipt of the Notice of Intent to Suspend by mail or, if 
you did not receive the notice that was sent to you via USPS first 
class mail return receipt requested, then within 30 days from the date 
of publication of this Federal Register notice (see DATES). If you 
request a hearing, it will be conducted in accordance with the 
requirements of section 6(d) of FIFRA and the Agency's procedural 
regulations in 40 CFR part 164. Section 3(c)(2)(B) of FIFRA, however, 
provides that the only allowable issues which may be addressed at the 
hearing are whether you have failed to take the actions which are the 
bases of this notice and whether the Agency's decision regarding the 
disposition of existing stocks is consistent with FIFRA. Therefore, no 
substantive allegation or legal argument concerning other issues, 
including but not limited to the Agency's original decision to require 
the submission of data or other information, the need for or utility of 
any of the required data or other information or deadlines imposed, any 
allegations of errors or unfairness in any proceedings before an 
arbitrator, and the risks and benefits associated with continued 
registration of the affected product, may be considered in the 
proceeding. The Administrative Law Judge shall by order dismiss any 
objections which have no bearing on the allowable issues which may be 
considered in the proceeding. Section 3(c)(2)(B)(iv) of FIFRA provides 
that any hearing must be held and a determination issued within 75 days 
after receipt of a hearing request. This 75-day period may not be 
extended unless all parties in the proceeding stipulate to such an 
extension. If a hearing is properly requested, the Agency will issue a 
final order at the conclusion of the hearing governing the suspension 
of your products. A request for a hearing pursuant to this notice must:
     Include specific objections which pertain to the allowable 
issues which may be heard at the hearing.
     Identify the registrations for which a hearing is 
requested.
     Set forth all necessary supporting facts pertaining to any 
of the objections which you have identified in your request for a 
hearing.
    If a hearing is requested by any person other than the registrant, 
that person must also state specifically why he/she asserts that he/she 
would be adversely affected by the suspension action described in this 
notice. Three copies of the request must be submitted to: Hearing 
Clerk, 1900, Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460-0001.
    An additional copy should be sent to the person who signed this 
notice. The request must be received by the Hearing Clerk by the 
applicable 30th day deadline as measured from your receipt of the 
Notice of Intent to Suspend by mail or publication of this notice, as 
set forth in DATES and in Unit IV.1., 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 registrations by operation of law and, 
under such circumstances, the suspension of the registration for your 
affected products will be final and effective at the close of business 
on the applicable 30-day deadline as measured from your receipt of the 
Notice of Intent to Suspend by mail or publication of this notice, as 
set forth in DATES and in Unit IV.1., 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.
    You may also avoid suspension if, within the applicable 30-day 
deadline period as measured from your receipt of the Notice of Intent 
to Suspend by mail or publication of this notice, as set forth in DATES 
and in Unit IV.1., the Agency determines that you have taken 
appropriate steps to comply with the FIFRA section 3(c)(2)(B) Data 
Call-In notice. In order to avoid suspension under this option, you 
must satisfactorily comply with Table 2.--List of Requirements in Unit 
II., for each product by submitting all required supporting data/
information described in Table 2. of Unit. II. and in the Explanatory 
Appendix (in the docket for this Federal Register notice) to the 
following address (preferably by certified mail): Office of Pesticide 
Programs, Pesticide Re-evaluation Division, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-0001.
    For you to avoid automatic suspension under this notice, the Agency 
must also determine within the applicable 30-day deadline period that 
you have satisfied the requirements that are the bases of this notice 
and so notify you in writing. You should submit the necessary data/
information as quickly as possible for there to be any chance the 
Agency will be able to make the necessary determination in time to 
avoid suspension of your products. The suspension of the registrations 
of your company's products pursuant to this notice will be rescinded 
when the Agency determines you have complied

[[Page 3133]]

fully with the requirements which were the bases of this notice. Such 
compliance may only be achieved by submission of the data/information 
described in Table 2 of Unit II.

V. Status of Products That Become Suspended

    Your product will remain suspended, however, until the Agency 
determines you are in compliance with the requirements which are the 
bases of this notice and so informs you in writing.
    After the suspension becomes final and effective, the registrants 
subject to this notice, including all supplemental registrants of 
products listed in Table 1 of Unit II., may not legally distribute, 
sell, use, offer for sale, hold for sale, ship, deliver for shipment, 
or receive and (having so received) deliver or offer to deliver, to any 
person, the products listed in Table 1 of Unit II. Persons other than 
the registrants subject to this notice, as defined in the preceding 
sentence, may continue to distribute, sell, use, offer for sale, hold 
for sale, ship, deliver for shipment, or receive and (having so 
received) deliver or offer to deliver, to any person, the products 
listed in Table 1 of Unit II. Nothing in this notice authorizes any 
person to distribute, sell, use, offer for sale, hold for sale, ship, 
deliver for shipment, or receive and (having so received) deliver or 
offer to deliver, to any person, the products listed in Table 1 of Unit 
II. in any manner which would have been unlawful prior to the 
suspension.
    If the registrations for your products listed in Table 1 of Unit 
II. are currently suspended as a result of failure to comply with 
another FIFRA section 3(c)(2)(B) DCI notice or section 4 data 
requirements notice, this notice, when it becomes a final and effective 
order of suspension, will be in addition to any existing suspension, 
i.e., all requirements which are the bases of the suspension must be 
satisfied before the registration will be reinstated.
    It is the responsibility of the basic registrant to notify all 
supplementary registered distributors of a basic registered product 
that this suspension action also applies to their supplementary 
registered products. The basic registrant may be held liable for 
violations committed by their distributors.
    Any questions about the requirements and procedures set forth in 
this notice or in the subject FIFRA section 3(c)(2)(B) DCI notice, 
should be addressed to the person listed under FOR FURTHER INFORMATION 
CONTACT.

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

    The Agency's authority for taking this action is contained in 
sections 3(c)(2)(B) and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 10, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-935 Filed 1-18-11; 8:45 am]
BILLING CODE 6560-50-P