[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6462-6465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2406]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0306; FRL-8861-5]


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 notices 
of intent to suspend issued by EPA pursuant to section 3(c)(2)(B) of 
FIFRA. The Notices of Intent to Suspend were 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 30 
days after the date of publication of this notice in the Federal 
Register (if the mailed notice of intent to suspend is returned to the 
Administrator as undeliverable, if delivery is refused, or if the 
Administrator otherwise is unable to accomplish delivery to the 
registrant after making reasonable efforts to do so), 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-2010-0306. 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. Registrants Issued Notices of Intent To Suspend, Active 
Ingredients, Products Affected, and Dates Issued

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

[[Page 6463]]



                                            Table 1--List of Products
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                                                                                                 Date EPA issued
      Registrant affected           Active ingredient     EPA registration     Product name     notice of intent
                                                                 No.                               to suspend
----------------------------------------------------------------------------------------------------------------
The Fountainhead Group, Inc....  Resmethrin.............           53853-1  Burgess Insect Fog          12/22/10
AMREP, Inc.....................  Resmethrin.............          10807-74  Misty Delete 3%             12/22/10
                                                                             Multipurpose
                                                                             Spray.
                                                                 10807-101  Repco-Tox Space             12/22/10
                                                                             Spray Insecticide.
                                                                 10807-107  Fog Kill Oil Base           12/22/10
                                                                             Insecticide.
                                                                 10807-110  Aqua-Kill                   12/22/10
                                                                             Insecticide.
----------------------------------------------------------------------------------------------------------------

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

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

                                                                                  Table 2--List of Requirements
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                                     Guideline No. as
        EPA registration No.             listed in        Requirement name        Date EPA issued DCI      Date registrant received       Final data due date     Reason for notice of intent to
                                      applicable DCI                                                                  DCI                                                    suspend *
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53853-1, 10807-74, 10807-101, 10807-         830.1550  Product identity and   June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
 107, 10807-110.                                        composition.
                                             830.1600  Description of         June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        materials used to
                                                        produce the product.
                                             830.1620  Description of         June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        production process.
                                             830.1650  Description of         June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        formulation process.
                                             830.1670  Discussion of          June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        formation of
                                                        impurities.
                                             830.1700  Preliminary analysis.  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.1750  Certified limits.....  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.1800  Enforcement            June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        analytical method.
                                             830.6302  Color................  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.6303  Physical state.......  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.6304  Odor.................  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.6313  Stability to normal    June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        and elevated
                                                        temperatures,
                                                        metals, and metal
                                                        ions.
                                             830.6314  Oxidizing or reducing  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        action.
                                             830.6315  Flammability.........  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.6316  Explodability........  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.6317  Storage stability....  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.6319  Miscibility..........  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.6320  Corrosion              June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        characteristics.
                                             830.6321  Dielectric breakdown   June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        voltage.
                                             830.7000  pH...................  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.7050  UV/Visible absorption  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.7100  Viscosity............  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             830.7200  Melting point/melting  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        range.
                                             830.7220  Boiling point/Boiling  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  ..............................
                                                        range.
                                             830.7300  Density/relative       June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        density.
                                             830.7370  Dissociation           June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        constants in water.
                                             830.7550  Partition coefficient  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        (n-octanol/water)
                                                        shake flask method.

[[Page 6464]]

 
                                             830.7570  Partition coefficient  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        (n-octanol/water),
                                                        estimation by liquid
                                                        chromatography.
                                             830.7840  Water solubility:      June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        Column elution
                                                        method, shake flask
                                                        method.
                                             830.7860  Water solubility,      June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        generator column
                                                        method.
                                             830.7950  Vapor pressure.......  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             870.1100  Acute oral toxicity..  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             870.1200  Acute dermal toxicity  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             870.1300  Acute inhalation       June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        toxicity.
                                             870.2400  Acute eye irritation.  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                             870.2500  Acute dermal           June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
                                                        irritation.
                                             870.2600  Skin sensitization...  June 26, 2009.............  June 29, 2009.............  March 1, 2010.............  No data received.
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IV. How to avoid suspension under this notice?

    1. You may avoid suspension under this notice if you or another 
person adversely affected by this notice properly request a hearing 
within 30 days of your receipt of the Notice of Intent to Suspend by 
mail or, if you did not receive the notice that was sent to you via 
USPS first class mail return receipt requested, then within 30 days 
from the date of publication of this Federal Register notice (see 
DATES). If you request a hearing, it will be conducted in accordance 
with the requirements of 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 30th day deadline as measured 
from your receipt of the Notice of Intent to Suspend by mail or 
publication of this notice, as set forth in DATES and in Unit IV.1., 
and will not be subject to further administrative review. The Agency's 
rules of practice at 40 CFR 164.7 forbid anyone who may take part in 
deciding this case, at any stage of the proceeding, from discussing the 
merits of the proceeding ex parte with any party or with any person who 
has been connected with the preparation or presentation of the 
proceeding as an advocate or in any investigative or expert capacity, 
or with any of their representatives. Accordingly, the following EPA 
offices, and the staffs thereof, are designated as judicial staff to 
perform the judicial function of EPA in any administrative hearings on 
this Notice of Intent to Suspend: The Office of the Administrative Law 
Judges, the Office of the Environmental Appeals Board, the 
Administrator, the Deputy Administrator, and the members of the staff 
in the immediate offices of the Administrator and Deputy Administrator. 
None of the persons designated as the judicial staff shall have any ex 
parte communication with trial staff or any other interested person not 
employed by EPA on the merits of

[[Page 6465]]

any of the issues involved in this proceeding, without fully complying 
with the applicable regulations.
    2. You may also avoid suspension if, within the applicable 30-day 
deadline period as measured from your receipt of the Notice of Intent 
to Suspend by mail or publication of this notice, as set forth in DATES 
and in Unit IV.1., the Agency determines that you have taken 
appropriate steps to comply with the FIFRA section 3(c)(2)(B) Data 
Call-In notice. In order to avoid suspension under this option, you 
must satisfactorily comply with Table 2.--List of Requirements in Unit 
II., for each product by submitting all required supporting data/
information described in Table 2. of Unit. II. and in the Explanatory 
Appendix (in the docket for this Federal Register notice) to the 
following address (preferably by certified mail):
    Office of Pesticide Programs, Pesticide Re-Evaluation Division, 
Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW.,Washington, DC 20460-0001. For you to avoid automatic suspension 
under this notice, the Agency must also determine within the applicable 
30-day deadline period that you have satisfied the requirements that 
are the bases of this notice and so notify you in writing. You should 
submit the necessary data/information as quickly as possible for there 
to be any chance the Agency will be able to make the necessary 
determination in time to avoid suspension of your products. The 
suspension of the registrations of your company's products pursuant to 
this notice will be rescinded when the Agency determines you have 
complied fully with the requirements which were the bases of this 
notice. Such compliance may only be achieved by submission of the data/
information described in Table 2 of Unit II.

V. Status of Products That Become Suspended

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

VI. What is the agency's Authority for taking this action?

    The Agency's authority for taking this action is contained in 
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 26, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-2406 Filed 2-3-11; 8:45 am]
BILLING CODE 6560-50-P