[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Notices]
[Pages 53678-53680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21990]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0848; FRL-8881-4]


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 
registrant of the affected pesticide product 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 
registration of the affected product. Failure to comply with the data 
requirements of a DCI is a basis for suspension of the affected 
registration under section 3(c)(2)(B) of FIFRA.

DATES: The Notice of Intent to Suspend 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: Veronica Dutch, Pesticide Re-
evaluation Division, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8585; 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-2010-0848. 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 Date Issued

    The Notice of Intent to Suspend was sent via the U.S. Postal 
Service (USPS) return receipt requested on July 19, 2011, to the 
registrant Drexel Chemical Company for the product Drexel Basic Kopper 
Sulfate, containing the active ingredient copper compounds, EPA 
Registration Number 19712-289.

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 product listed in Table 1 of this unit.

[[Page 53679]]



                                                              Table 1--List of Requirements
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                                    Guideline
                                      No. as                                                   Date
      EPA  Registration No.         listed in         Requirement name          Date EPA    registrant   Final data     Reason for notice of intent to
                                    applicable                                 issued DCI    received     due date                 suspend
                                       DCI                                                     DCI
--------------------------------------------------------------------------------------------------------------------------------------------------------
19713-289........................     830.1550  Product identity and           12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 composition.
19713-289........................     830.1600  Description of materials       12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 used to produce the product.
19713-289........................     830.1620  Description of production      12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 process.
19713-289........................     830.1650  Description of formulation     12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 process.
19713-289........................     830.1670  Discussion of formation of     12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 impurities.
19713-289........................     830.1700  Preliminary analysis........   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.1750  Certified limits............   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.1800  Enforcement analytical         12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 method.
19713-289........................     830.6302  Color.......................   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6303  Physical state..............   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6304  Odor........................   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6313  Stability to normal and        12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 elevated temperatures,
                                                 metals, and metal ions.
19713-289........................     830.6314  Oxidizing or reducing action   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6315  Flammability................   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6316  Explodability...............   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6317  Storage stability...........   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6319  Miscibility.................   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6320  Corrosion characteristics...   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.6321  Dielectric breakdown voltage   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.7000  pH..........................   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.7050  UV/Visible absorption.......   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.7100  Viscosity...................   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.7200  Melting point/melting range.   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.7220  Boiling point/Boiling range.   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.7300  Density/relative density....   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     830.7370  Dissociation constants in      12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 water.
19713-289........................     830.7550  Partition coefficient (n-      12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 octanol/water) shake flask
                                                 method.
19713-289........................     830.7570  Partition coefficient (n-      12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 octanol/water), estimation
                                                 by liquid chromategraphy.
19713-289........................     830.7840  Water solubility: Column       12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 elution method, shake flask
                                                 method.
19713-289........................     830.7860  Water solubility, generator    12/14/2007   12/24/2007    8/20/2008  No data received.
                                                 column method.
19713-289........................     830.7950  Vapor pressure..............   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     870.1100  Acute oral toxicity.........   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     870.1200  Acute dermal toxicity.......   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     870.1300  Acute inhalation toxicity...   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     870.2400  Acute eye irritation........   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     870.2500  Acute dermal irritation.....   12/14/2007   12/24/2007    8/20/2008  No data received.
19713-289........................     870.2600  Skin sensitization..........   12/14/2007   12/24/2007    8/20/2008  No data received.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 product. 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.

[[Page 53680]]

    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 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., 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 by operation of law and, under such 
circumstances, the suspension of the registration for your affected 
product 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.
    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) DCI 
notice. In order to avoid suspension under this option, you must 
satisfactorily comply with Table 1--List of Requirements in Unit III., 
for each product by submitting all required supporting data/information 
described in Table 1 of Unit III. 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 product. The 
suspension of the registration of your company's product 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 1 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 
basis 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 the 
product listed in 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 product listed in Unit II. 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 listed in 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 
product listed in Unit II. in any manner which would have been unlawful 
prior to the suspension.
    If the registration for your product listed in Unit II. is 
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: August 19, 2011.
Mary Ko Manibusan,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-21990 Filed 8-26-11; 8:45 am]
BILLING CODE 6560-50-P