[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31844-31847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12922]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0848; FRL-9350-7]


Notice of Intent to Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to section 6(f)(2) of the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA), EPA is publishing this Notice of 
Intent to Suspend affecting several pesticide products. This Notice is 
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 to take appropriate steps to secure certain data, 
and following the registrant's failure to submit those 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 
registration 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 on 
June 29, 2012 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: Jude Andreasen, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone

[[Page 31845]]

number: (703) 308-9342; email 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?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0848, is available either electronically 
through http://www.regulations.gov or in hard copy at the OPP Docket in 
the Environmental Protection Agency Docket Center (EPA/DC), located in 
EPA West, Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-
0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the OPP Docket is (703) 305-5805. Please review the visitor 
instructions and additional information about the docket available at 
http://www.epa.gov/dockets.

II. Registrant(s) Issued Notice of Intent to Suspend, Active 
Ingredient, Product(s) Affected, Date(s) Issued, Reason(s) Issued, and 
Data Requirement(s) Involved

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

                                            Table 1--Information about Issued Notice(s) of Intent To Suspend
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  EPA                               Date EPA
        Registrant affected             Active ingredient    Registration       Product name         issued    Reason(s) issued *    Data requirements
                                                                number                               NOITS                              involved **
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuller System, Inc.................  DDVP..................       1327-36  Fulex DDVP Fumigator..    5/21/12  2,3................  a
Fuller System, Inc.................  Permethrin............       1327-42  Fulex Permethrin          5/21/12  1,2,3..............  a, c
                                                                            Fumigator.
Value Gardens Supply, LLC..........  Naphthalene Acetic          5887-169  Black Leaf Vitamin B1     5/21/12  1,2,3..............  a, c
                                      Acid.                                 Solution.
Foreign Domestic Chemicals Corp....  Rotenone..............        6458-5  Rotenone Resin for        5/21/12  1,2,3..............  a, c
                                                                            Manufacturing Use
                                                                            Only.
Foreign Domestic Chemicals Corp....  Rotenone..............        6458-6  Cube Powder...........    5/21/12  1,2,3..............  a, c
ARI................................  Piperonyl Butoxide....       7754-51  ARI Yard & Patio          5/21/12  1,2,3..............  a, c
                                                                            Formula I.
Athea Laboratories, Inc............  Prometon..............      10088-55  Non-selective             5/21/12  1,2,3..............  a, c
                                                                            Herbicide 3.
Athea Laboratories, Inc............  Prometon..............      10088-83  Prometon 12.5%            5/21/12  1,2,3..............  a, c
                                                                            Herbicide Concentrate.
Amrep, Inc.........................  Prometon..............     10807-146  Weed-a-cide               5/21/12  1,2,3..............  a, c
                                                                            Concentrate.
Amrep, Inc.........................  Prometon..............     10807-206  Misty Weed-a-cide CF..    5/21/12  1,2,3..............  a, c
Brazos Associates, Agent for         Pyrethrins............       15297-1  Bio-Groom Flea & Tick     5/21/12  1,2,3..............  a, b, c
 BioDerm Lab.                                                               Shampoo for Dogs &
                                                                            Cats.
Brazos Associates, Agent for         Pyrethrins............       15297-7  Bio-Groom Flea & Tick--   5/21/12  1,2,3..............  a, b, c
 BioDerm Lab.                                                               14 Residual Spray
                                                                            with Lanolin Shampoo.
Brazos Associates, Agent for         Permethrin............       15297-9  Bio-Groom Lasting         5/21/12  2,3................  a, c
 BioDerm Lab.                                                               Residual Action Repel-
                                                                            35 Insect Control
                                                                            Spray.
Brazos Associates, Agent for         Pyrethrins............      15297-14  Bio-Groom Flea & Tick     5/21/12  1,2,3..............  a, b, c
 BioDerm Lab.                                                               Pyrethrin Dip Conc.
                                                                            For Dogs & Cats.
Brazos Associates, Agent for         Pyrethrins............      15297-17  Bio-Groom Flea & Tick     5/21/12  1,2,3..............  a, b, c
 BioDerm Lab.                                                               Pyrethrin Spray.
Brazos Associates, Agent for         Pyrethrins............      15297-19  Bio-Groom Ear Mite        5/21/12  1,2,3..............  a, b, c
 BioDerm Lab.                                                               Treatment.
Drexel Chemical Company............  Rotenone..............     19713-316  Drexel 7.4% Rotenone      5/21/12  3..................  a, c
                                                                            Wettable Powder.
Drexel Chemical Company............  DDVP..................     19713-356  Best 4 Servis Brand       5/21/12  2,3................  a, c
                                                                            DDVP 10 Pound Oil
                                                                            Solution.
Drexel Chemical Company............  DDVP..................     19713-357  Best 4 Servis Brand       5/21/12  3..................  a, c
                                                                            DDVP Emulsifiable
                                                                            Spray.
Adams Technology Systems. Agent for  Pyrethrins............       29909-1  Rid Flea and Tick         5/21/12  2,3................  a, b, c
 Cardinal Laboratories, Inc.                                                Shampoo Concentration
                                                                            for Dogs and Cats.
Adams Technology Systems. Agent for  Pyrethrins............       29909-2  Cardinal Flea and Tick    5/21/12  2,3................  a, b, c
 Cardinal Laboratories, Inc.                                                Shampoo for Dogs and
                                                                            Cats.
Adams Technology Systems. Agent for  Pyrethrins............       29909-8  Cardinal Flea & Tick      5/21/12  2,3................  a, b, c
 Cardinal Laboratories, Inc.                                                Spray for Dogs, Cats
                                                                            & Horses.

[[Page 31846]]

 
Adams Technology Systems. Agent for  Pyrethrins............      29909-21  Cardinal Tick             5/21/12  2,3................  a, b, c
 Cardinal Laboratories, Inc.                                                Terminator Flea &
                                                                            Tick Shampoo for Dogs
                                                                            & Cat.
Earth Science Products Corp........  Naphthalene Acetic           43905-1  Wood's Rooting            5/21/12  2,3................  a, c
                                      Acid.                                 Compound.
Premium Environmental Products, LLC  Permethrin............       71280-6  Migratol BP-1.........    5/21/12  1,2,3..............  a, c
Premium Environmental Products, LLC  Permethrin............       71280-7  Migratol BPX-002......    5/21/12  1,2,3..............  a, c
Neogen Corporation.................  Piperonyl Butoxide....       72726-1  Poridon Equine            5/21/12  2,3................  a, c
                                                                            Insecticidal Pour-On.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Reason(s) Issued: (1) failure to submit 90-day response; (2) failure to submit 8-month response; and (3) failure to submit any (or adequate) required
  data.
** Data Requirements Involved: (a) product chemistry; (b) product performance; (c) toxicology.

III. Basis for Issuance of Notice of Intent To Suspend

    The affected registrant(s) failed to submit the required data or 
information or to take other appropriate steps to secure the required 
data. The subject data requirements for each affected product are 
summarized in Table 1 and are also specifically identified in EPA-HQ-
OPP-2010-0848 in a document entitled Appendix II--Requirement List. 
Also included in the docket is Appendix III--Explanatory Appendix, 
which provides more detailed information about the reason(s) the Notice 
of Intent to Suspend was issued and pertinent background information 
and history. Each Notice of Intent to Suspend that was mailed to the 
affected registrant(s) included all of the referenced appendices that 
are pertinent to the particular Notice of Intent to Suspend. 
Instructions on accessing the docket are in Unit I.B.

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 notice in the Federal Register 
(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.
    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 the DATES section 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 30th day deadline as measured 
from your receipt of the Notice of Intent to Suspend by mail or 
publication of this notice in the Federal Register, as set forth in the 
DATES section 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

[[Page 31847]]

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 in the Federal 
Register, as set forth in the DATES section 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 
Appendix II, which can be found in the Docket, for each product by 
submitting all required supporting data/information described in 
Appendix II and in the Explanatory Appendix (Appendix III) (both may be 
found in the Docket for this Federal Register notice and both are 
summarized in Table 1 of Unit II) 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 Appendix II, which may be found in the Docket 
and which is summarized in Table 1 of Unit II.

V. Status of Products That Become Suspended

    Your product will remain suspended 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 the 
product 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 product listed in Table 1 of 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 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 product listed in Table 1 of Unit II. in any manner which 
would have been unlawful prior to the suspension.
    If the registration for your product listed in Table 1 of 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: May 21, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2012-12922 Filed 5-29-12; 8:45 am]
BILLING CODE 6560-50-P