Notice of Intent To Suspend Certain Pesticide Registrations, 3130-3133 [2011-935]
Download as PDF
<![CDATA[
3130
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
Comments on this notice must be
received by EPA at the address listed
below by February 3, 2011.
FOR FURTHER INFORMATION CONTACT:
David Read, Attorney Advisor,
Environmental Protection Agency,
National Vehicle Fuel Emissions
Laboratory, Office of Air and Radiation,
2565 Plymouth Road, Ann Arbor, MI
48105, telephone (734) 214–4367.
DATES:
Dated: January 12, 2011.
Geoff Cooper,
Assistant General Counsel, General Law
Office.
[FR Doc. 2011–1016 Filed 1–18–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–1023; FRL–8858–6]
Notice of Intent To Suspend Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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
SUMMARY:
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.
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).
DATES:
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:
northern.terria@epa.gov.
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 https://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
Registrant affected
Active ingredient
Stet Acquisition, Inc ...............
Rotenone ...............................
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
mstockstill on DSKH9S0YB1PROD with NOTICES
EPA registration
number
VerDate Mar<15>2010
17:04 Jan 18, 2011
Jkt 223001
74343–1
Date EPA issued notice of
intent to suspend
Product name
True Stop Insecticide ............
other appropriate steps to secure the
required data for their pesticide
products listed in Table 2 of this unit.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
E:\FR\FM\19JAN1.SGM
19JAN1
December 6, 2010
3131
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
TABLE 2—LIST OF REQUIREMENTS
EPA registration
number
Guideline #
as listed in
applicable
DCI
74343–1 ...........
830.1550
830.1600
830.1620
830.1650
830.1670
830.1700
830.1750
830.1800
830.6302
830.6303
830.6304
830.6313
830.6314
830.6315
830.6316
830.6317
830.6319
830.6320
830.6321
830.7000
830.7050
830.7100
830.7200
830.7220
830.7300
830.7370
830.7550
830.7570
830.7840
mstockstill on DSKH9S0YB1PROD with NOTICES
830.7860
830.7950
870.1100
870.1200
870.1300
870.2400
VerDate Mar<15>2010
17:04 Jan 18, 2011
Requirement name
Date EPA issued
DCI
Date registrant
received DCI
Final data due date
Reason for notice of
intent to suspend *
Product identity and
composition.
Description of materials used to
produce the product.
Description of production process.
Description of formulation process.
Discussion of formation of impurities.
Preliminary analysis
Certified limits .........
Enforcement analytical method.
Color .......................
Physical state .........
Odor .......................
Stability to normal
and elevated temperatures, metals,
and metal ions.
Oxidizing or reducing action.
Flammability ...........
Explodability ...........
Storage stability ......
Miscibility ................
Corrosion characteristics.
Dielectric breakdown voltage.
pH ...........................
UV/Visible absorption.
Viscosity .................
Melting point/melting range.
Boiling point/Boiling
range.
Density/relative density.
Dissociation constants in water.
Partition coefficient
(n-octanol/water)
shake flask method.
Partition coefficient
(n-octanol/water),
estimation by liquid chromatography.
Water solubility:
Column elution
method, shake
flask method.
Water solubility,
generator column
method.
Vapor pressure .......
Acute Oral Toxicity
Acute dermal toxicity.
Acute inhalation toxicity.
Acute eye irritation
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 21, 2010 ...
January 21, 2010 ...
January 29, 2010 ...
January 29, 2010 ...
January 29, 2010 ...
September 30, 2010
September 30, 2010
September 30, 2010
No data received.
No data received.
No data received.
January
January
January
January
January
January
January
January
September
September
September
September
No
No
No
No
Jkt 223001
PO 00000
21,
21,
21,
21,
2010
2010
2010
2010
...
...
...
...
29,
29,
29,
29,
2010
2010
2010
2010
...
...
...
...
30,
30,
30,
30,
2010
2010
2010
2010
data
data
data
data
received.
received.
received.
received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January
January
January
January
January
January
January
January
January
January
September
September
September
September
September
No
No
No
No
No
21,
21,
21,
21,
21,
2010
2010
2010
2010
2010
...
...
...
...
...
29,
29,
29,
29,
29,
2010
2010
2010
2010
2010
...
...
...
...
...
30,
30,
30,
30,
30,
2010
2010
2010
2010
2010
data
data
data
data
data
received.
received.
received.
received.
received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 21, 2010 ...
January 29, 2010 ...
January 29, 2010 ...
September 30, 2010
September 30, 2010
No data received.
No data received.
January 21, 2010 ...
January 21, 2010 ...
January 29, 2010 ...
January 29, 2010 ...
September 30, 2010
September 30, 2010
No data received.
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 21, 2010 ...
January 21, 2010 ...
January 29, 2010 ...
January 29, 2010 ...
January 29, 2010 ...
September 30, 2010
September 30, 2010
September 30, 2010
No data received.
No data received.
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
Frm 00057
Fmt 4703
Sfmt 4703
E:\FR\FM\19JAN1.SGM
19JAN1
3132
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
TABLE 2—LIST OF REQUIREMENTS—Continued
EPA registration
number
Guideline #
as listed in
applicable
DCI
870.2500
870.2600
Requirement name
Date EPA issued
DCI
Date registrant
received DCI
Final data due date
Reason for notice of
intent to suspend *
Acute dermal irritation.
Skin sensitization ...
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
January 21, 2010 ...
January 29, 2010 ...
September 30, 2010
No data received.
mstockstill on DSKH9S0YB1PROD with NOTICES
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:
VerDate Mar<15>2010
17:04 Jan 18, 2011
Jkt 223001
• 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
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
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
E:\FR\FM\19JAN1.SGM
19JAN1
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
VI. What is the Agency’s Authority for
Taking this Action?
V. Status of Products That Become
Suspended
mstockstill on DSKH9S0YB1PROD with NOTICES
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.
List of Subjects
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.
VerDate Mar<15>2010
17:04 Jan 18, 2011
Jkt 223001
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.
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
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9254–5]
Science Advisory Board Staff Office;
Notification of a Public Teleconference
of the Science Advisory Board Nutrient
Criteria Review Panel
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA Science Advisory
Board (SAB) Staff Office announces a
public teleconference of the SAB
Nutrient Criteria Review Panel. The
Panel will discuss its draft report
reviewing EPA’s technical support
document on development of numeric
nutrient criteria for Florida’s estuarine
and coastal waters, and southern canals.
DATES: The public teleconference will
be held on Monday, February 7, 2011,
from 2 p.m. to 5 p.m. (Eastern Time).
ADDRESSES: The public teleconference
will be conducted by telephone only.
FOR FURTHER INFORMATION CONTACT:
Members of the public who wish to
obtain further information about this
meeting may contact Ms. Stephanie
Sanzone, Designated Federal Officer
(DFO), EPA Science Advisory Board
Staff Office (1400R),
U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; by
telephone/voice mail: (202) 564–2067 or
via e-mail at
sanzone.stephanie@epa.gov. General
information about the SAB is available
on the SAB Web site at https://
www.epa.gov/sab.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act
(FACA), 5 U.S.C., App. 2, notice is
hereby given that the SAB Nutrient
Criteria Review Panel will hold a public
teleconference to discuss its draft
review report on the EPA draft technical
SUMMARY:
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
3133
support document (TSD), Methods and
Approaches for Deriving Numeric
Criteria for Nitrogen/Phosphorus
Pollution in Florida’s Estuaries, Coastal
Waters, and Southern Inland Flowing
Waters. The draft TSD describes
methods and approaches for developing
numeric nutrient criteria for Florida’s
estuarine and coastal waters,
downstream protection values in
streams to protect those waters, and
criteria for flowing waters in the south
Florida region (including canals). The
Nutrient Criteria Review Panel met on
December 13–14, 2010 (75 FR 66759) to
receive technical briefings from the
Agency, hear public comments, and
deliberate on responses to the charge
questions posed by the Agency. The
purpose of the February 7
teleconference is for the Panel to discuss
its draft report on the review of EPA’s
draft TSD. Background on this advisory
activity is available on the SAB Web site
at https://yosemite.epa.gov/sab/
sabproduct.nsf/fedrgstr_activities/
FL%20Estuaries%
20TSD?OpenDocument.
The SAB was established pursuant to
42 U.S.C. 4365 to provide independent
scientific and technical advice to the
Administrator on the technical basis for
Agency positions and regulations. The
SAB is a Federal Advisory Committee
chartered under FACA. The SAB
Nutrient Criteria Review Panel will
provide advice through the chartered
SAB. The SAB Panel will comply with
the provisions of FACA and all
appropriate SAB Staff Office procedural
policies.
Availability of Meeting Materials: The
EPA draft technical support document
is available on the SAB Web site at
https://yosemite.epa.gov/sab/sabproduct.
nsf/fedrgstr_activities/FL%20
Estuaries%20TSD?OpenDocument. The
EPA Office of Water technical contact
for the draft TSD is Elizabeth Behl, at
(202) 566–0788, or via e-mail at
behl.betsy@epa.gov. The draft Panel
advisory report and the meeting agenda
for the February teleconference will be
posted on the SAB Web site at https://
www.epa.gov/sab in advance of the
meeting.
Procedures for Providing Public Input:
Public comment for consideration by
EPA’s Federal advisory committees and
panels have a different purpose from
public comment provided to EPA
program offices. Therefore, the process
for submitting comments to a Federal
advisory committee is different from the
process used to submit comments to an
EPA program office.
Federal advisory committees and
panels, including scientific advisory
committees, provide independent
E:\FR\FM\19JAN1.SGM
19JAN1
]]>Agencies
[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3130-3133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-935]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
northern.terria@epa.gov.
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
https://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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
