Notice of Intent To Suspend Certain Pesticide Registrations, 6462-6465 [2011-2406]
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
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VerDate Mar<15>2010
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Jkt 223001
Ext. 218. Revision to FR Notice
Published 12/23/2010: Extending
Comment Period from 02/18/2011 to
03/04/2011.
Dated: February 1, 2011.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. 2011–2510 Filed 2–3–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0306; FRL–8861–5]
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 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
SUMMARY:
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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–2010–0306.
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. 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.
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
TABLE 1—LIST OF PRODUCTS
Registrant affected
Active ingredient
EPA registration
No.
The Fountainhead Group, Inc ...................
AMREP, Inc ...............................................
Resmethrin .......
Resmethrin .......
53853–1
10807–74
10807–101
10807–107
10807–110
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
Date EPA issued
notice of intent to
suspend
Product name
Burgess Insect Fog ...................................
Misty Delete 3% Multipurpose Spray .......
Repco-Tox Space Spray Insecticide ........
Fog Kill Oil Base Insecticide .....................
Aqua-Kill Insecticide .................................
12/22/10
12/22/10
12/22/10
12/22/10
12/22/10
other appropriate steps to secure the
required data for their pesticide
products listed in Table 2 of this unit.
TABLE 2—LIST OF REQUIREMENTS
Guideline No.
as listed in
applicable DCI
Reason for notice
of intent to
suspend *
53853–1, 10807–74,
10807–101,
10807–107,
10807–110.
Requirement name
Date EPA
issued DCI
Date registrant
received DCI
Final data due
date
830.1550
Product identity and
composition.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
830.1600
EPA registration No.
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.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 26, 2009 ..
June 26, 2009 ..
June 29, 2009 ..
June 29, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
March 1, 2010 ..
March 1, 2010 ..
No data received.
No data received.
No data received.
June
June
June
June
June
June
June
June
March
March
March
March
No
No
No
No
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
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830.7220
830.7300
830.7370
830.7550
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PO 00000
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26,
26,
26,
26,
2009
2009
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2010
2010
2010
2010
..
..
..
..
data
data
data
data
received.
received.
received.
received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June
June
June
June
June
June
June
June
June
June
March
March
March
March
March
No
No
No
No
No
26,
26,
26,
26,
26,
2009
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..
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data
data
data
data
received.
received.
received.
received.
received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June
June
June
June
June
June
June
June
March
March
March
March
No
No
No
No
26,
26,
26,
26,
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data
data
received.
received.
received.
received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
Fmt 4703
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
TABLE 2—LIST OF REQUIREMENTS—Continued
EPA registration No.
Guideline No.
as listed in
applicable DCI
830.7570
830.7840
830.7860
830.7950
870.1100
870.1200
870.1300
870.2400
870.2500
870.2600
Date EPA
issued DCI
Date registrant
received DCI
Final data due
date
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 ...
Acute dermal irritation.
Skin sensitization .....
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
June
June
June
June
June
June
June
June
March
March
March
March
No
No
No
No
srobinson on DSKHWCL6B1PROD with NOTICES
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
VerDate Mar<15>2010
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Jkt 223001
Reason for notice
of intent to
suspend *
Requirement name
26,
26,
26,
26,
2009
2009
2009
2009
..
..
..
..
29,
29,
29,
29,
Frm 00070
..
..
..
..
1,
1,
1,
1,
2010
2010
2010
2010
..
..
..
..
data
data
data
data
received.
received.
received.
received.
June 26, 2009 ..
June 26, 2009 ..
June 29, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
March 1, 2010 ..
No data received.
No data received.
June 26, 2009 ..
June 29, 2009 ..
March 1, 2010 ..
No data received.
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
PO 00000
2009
2009
2009
2009
Fmt 4703
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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
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
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,
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16:05 Feb 03, 2011
Jkt 223001
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
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0012; FRL–8858–7]
Notice of Receipt of Several Pesticide
Petitions Filed for Residues of
Pesticide Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00071
Fmt 4703
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ACTION:
6465
Notice.
This notice announces the
Agency’s receipt of several initial filings
of pesticide petitions proposing the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before March 7, 2011.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number and the pesticide petition
number (PP) of interest as shown in the
body of this document, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
the docket ID number and the pesticide
petition number of interest as shown in
the body of this document. EPA’s policy
is that all comments received will be
included in the docket without change
and may be made available on-line at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov or e-mail. The
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6462-6465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2406]
-----------------------------------------------------------------------
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:
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-2010-0306. 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. 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
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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.
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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
