Notice of Intent To Suspend Certain Pesticide Registrations, 10520-10522 [2012-3930]
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10520
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0848; FRL–9336–1]
Notice of Intent To Suspend Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Pursuant to section 6(f)(2) of
the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), EPA is
printing this Notice of Intent to Suspend
Drexel Basic Copper Sulfate Technical.
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 registrant of the affected
pesticide product containing the
pesticide active ingredient, Copper
Compounds, to take appropriate steps to
secure certain data, and following the
registrant’s failure to submit these data
or to take other appropriate steps to
secure the required data. The subject
data were determined to be required to
maintain in effect the existing
registration of the affected product.
Failure to comply with the data
requirements of a DCI is a basis for
suspension of the affected registration
under section 3(c)(2)(B) of FIFRA.
DATES: The Notice of Intent To Suspend
included in this Federal Register notice
will become a final and effective
suspension order automatically by
SUMMARY:
operation of law 30 days after the date
of the registrant’s receipt of the mailed
Notice of Intent To Suspend or on
March 23, 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:
Veronica Dutch, Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8585; email address:
dutch.veronica@epa.gov.
SUPPLEMENTARY INFORMATION:
worker and agricultural advocates; the
chemical industry; pesticide users; and
members of the public interested in the
sale, distribution, or use of pesticides.
Since others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. How can I get copies of this document
and other related information?
EPA has established a docket for this
action under docket identification (ID)
number EPA–HQ–OPP–2010–0848.
Publicly available docket materials are
available either in the electronic docket
at 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.
I. General Information
II. Registrant Issued Notice of Intent To
Suspend Active Ingredient, Product
Affected, and Date Issued
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
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
Registration
No.
Registrant affected
Active ingredient
Drexel Chemical Company ..........
Copper Compounds ....................
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
19713–72
Date EPA issued
notice of intent to
suspend
Product name
Drexel Basic
Technical.
Copper
Sulfate
February 8, 2012.
other appropriate steps to secure the
required data listed in Table 2 of this
unit.
srobinson on DSK4SPTVN1PROD with NOTICES
TABLE 2—LIST OF REQUIREMENTS
EPA
Registration
No.
Guideline No.
as listed in
applicable
DCI
19713–72 .....
19713–72 .....
830.1550
830.1600
19713–72
19713–72
19713–72
19713–72
830.1620
830.1650
830.1670
830.1700
.....
.....
.....
.....
VerDate Mar<15>2010
16:37 Feb 21, 2012
Date EPA
issued DCI
Requirement name
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 .................................
Jkt 226001
PO 00000
Frm 00049
Fmt 4703
Date
registrant
received DCI
Final data
due date
Reason for notice of
intent to suspend
12/14/2007
12/14/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
No data received.
No data received.
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
8/20/2008
8/20/2008
No
No
No
No
Sfmt 4703
E:\FR\FM\22FEN1.SGM
22FEN1
data
data
data
data
received.
received.
received.
received.
10521
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
TABLE 2—LIST OF REQUIREMENTS—Continued
EPA
Registration
No.
Guideline No.
as listed in
applicable
DCI
.....
.....
.....
.....
.....
.....
830.1750
830.1800
830.6302
830.6303
830.6304
830.6313
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
.....
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
19713–72 .....
830.7570
19713–72 .....
830.7840
19713–72 .....
830.7860
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
srobinson on DSK4SPTVN1PROD with NOTICES
19713–72
19713–72
19713–72
19713–72
19713–72
19713–72
830.7950
870.1100
870.1200
870.1300
870.2400
870.2500
870.2600
.....
.....
.....
.....
.....
.....
.....
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 ...................................
Acute dermal irritation ..............................
Skin sensitization .....................................
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
VerDate Mar<15>2010
16:37 Feb 21, 2012
Date EPA
issued DCI
Requirement name
Jkt 226001
Date
registrant
received DCI
Frm 00050
Fmt 4703
Reason for notice of
intent to suspend
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
No
No
No
No
No
No
data
data
data
data
data
data
received.
received.
received.
received.
received.
received.
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
data
data
data
data
data
data
data
data
data
data
data
data
data
data
data
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
12/14/2007
12/24/2007
8/20/2008
No data received.
12/14/2007
12/24/2007
8/20/2008
No data received.
12/14/2007
12/24/2007
8/20/2008
No data received.
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
No
No
No
No
No
No
No
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
PO 00000
Final data
due date
Sfmt 4703
data
data
data
data
data
data
data
received.
received.
received.
received.
received.
received.
received.
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
E:\FR\FM\22FEN1.SGM
22FEN1
srobinson on DSK4SPTVN1PROD with NOTICES
10522
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
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
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 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
VerDate Mar<15>2010
16:37 Feb 21, 2012
Jkt 226001
Explanatory Appendix (in the docket for
this Federal Register notice) to the
following address (preferably by
certified mail): Office of Pesticide
Programs, Pesticide Re-evaluation
Division, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001. For you to
avoid automatic suspension under this
notice, the Agency must also determine
within the applicable 30-day deadline
period that you have satisfied the
requirements that are the bases of this
notice and so notify you in writing. You
should submit the necessary data/
information as quickly as possible for
there to be any chance the Agency will
be able to make the necessary
determination in time to avoid
suspension of your product. The
suspension of the registration of your
company’s product pursuant to this
notice will be rescinded when the
Agency determines you have complied
fully with the requirements which were
the bases of this notice. Such
compliance may only be achieved by
submission of the data/information
described in Table 2 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
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
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: February 10, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2012–3930 Filed 2–21–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission (FCC), as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
other Federal agencies to take this
opportunity to comment on the
following information collection, as
required by the Paperwork Reduction
Act (PRA) of 1995. Comments are
requested concerning (a) whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimate; (c)
ways to enhance the quality, utility, and
SUMMARY:
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10520-10522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3930]
[[Page 10520]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0848; FRL-9336-1]
Notice of Intent To Suspend Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 6(f)(2) of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA), EPA is printing this Notice of
Intent to Suspend Drexel Basic Copper Sulfate Technical. 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 registrant of the affected
pesticide product containing the pesticide active ingredient, Copper
Compounds, to take appropriate steps to secure certain data, and
following the registrant's failure to submit these data or to take
other appropriate steps to secure the required data. The subject data
were determined to be required to maintain in effect the existing
registration of the affected product. Failure to comply with the data
requirements of a DCI is a basis for suspension of the affected
registration under section 3(c)(2)(B) of FIFRA.
DATES: The Notice of Intent To Suspend 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
March 23, 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: Veronica Dutch, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8585; email
address: dutch.veronica@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-2010-0848. 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 Date 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
Registrant affected Active ingredient Registration Product name Date EPA issued notice of
No. intent to suspend
----------------------------------------------------------------------------------------------------------------
Drexel Chemical Company....... Copper Compounds. 19713-72 Drexel Basic February 8, 2012.
Copper Sulfate
Technical.
----------------------------------------------------------------------------------------------------------------
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 listed in
Table 2 of this unit.
Table 2--List of Requirements
----------------------------------------------------------------------------------------------------------------
Guideline
No. as Date Reason for
EPA Registration listed in Requirement name Date EPA registrant Final data notice of
No. applicable issued DCI received DCI due date intent to
DCI suspend
----------------------------------------------------------------------------------------------------------------
19713-72......... 830.1550 Product identity and 12/14/2007 12/24/2007 8/20/2008 No data
composition. received.
19713-72......... 830.1600 Description of 12/14/2007 12/24/2007 8/20/2008 No data
materials used to received.
produce the product.
19713-72......... 830.1620 Description of 12/14/2007 12/24/2007 8/20/2008 No data
production process. received.
19713-72......... 830.1650 Description of 12/14/2007 12/24/2007 8/20/2008 No data
formulation process. received.
19713-72......... 830.1670 Discussion of 12/14/2007 12/24/2007 8/20/2008 No data
formation of received.
impurities.
19713-72......... 830.1700 Preliminary analysis 12/14/2007 12/24/2007 8/20/2008 No data
received.
[[Page 10521]]
19713-72......... 830.1750 Certified limits.... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.1800 Enforcement 12/14/2007 12/24/2007 8/20/2008 No data
analytical method. received.
19713-72......... 830.6302 Color............... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.6303 Physical state...... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.6304 Odor................ 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.6313 Stability to normal 12/14/2007 12/24/2007 8/20/2008 No data
and elevated received.
temperatures,
metals, and metal
ions.
19713-72......... 830.6314 Oxidizing or 12/14/2007 12/24/2007 8/20/2008 No data
reducing action. received.
19713-72......... 830.6315 Flammability........ 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.6316 Explodability....... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.6317 Storage stability... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.6319 Miscibility......... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.6320 Corrosion 12/14/2007 12/24/2007 8/20/2008 No data
characteristics. received.
19713-72......... 830.6321 Dielectric breakdown 12/14/2007 12/24/2007 8/20/2008 No data
voltage. received.
19713-72......... 830.7000 pH.................. 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.7050 UV/Visible 12/14/2007 12/24/2007 8/20/2008 No data
absorption. received.
19713-72......... 830.7100 Viscosity........... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 830.7200 Melting point/ 12/14/2007 12/24/2007 8/20/2008 No data
melting range. received.
19713-72......... 830.7220 Boiling point/ 12/14/2007 12/24/2007 8/20/2008 No data
Boiling range. received.
19713-72......... 830.7300 Density/relative 12/14/2007 12/24/2007 8/20/2008 No data
density. received.
19713-72......... 830.7370 Dissociation 12/14/2007 12/24/2007 8/20/2008 No data
constants in water. received.
19713-72......... 830.7550 Partition 12/14/2007 12/24/2007 8/20/2008 No data
coefficient (n- received.
octanol/water)
shake flask method.
19713-72......... 830.7570 Partition 12/14/2007 12/24/2007 8/20/2008 No data
coefficient (n- received.
octanol/water),
estimation by
liquid
chromatography.
19713-72......... 830.7840 Water solubility: 12/14/2007 12/24/2007 8/20/2008 No data
Column elution received.
method, shake flask
method.
19713-72......... 830.7860 Water solubility, 12/14/2007 12/24/2007 8/20/2008 No data
generator column received.
method.
19713-72......... 830.7950 Vapor pressure...... 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 870.1100 Acute Oral Toxicity. 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 870.1200 Acute dermal 12/14/2007 12/24/2007 8/20/2008 No data
toxicity. received.
19713-72......... 870.1300 Acute inhalation 12/14/2007 12/24/2007 8/20/2008 No data
toxicity. received.
19713-72......... 870.2400 Acute eye irritation 12/14/2007 12/24/2007 8/20/2008 No data
received.
19713-72......... 870.2500 Acute dermal 12/14/2007 12/24/2007 8/20/2008 No data
irritation. received.
19713-72......... 870.2600 Skin sensitization.. 12/14/2007 12/24/2007 8/20/2008 No data
received.
----------------------------------------------------------------------------------------------------------------
IV. How to avoid suspension under this notice?
1. You may avoid suspension under this notice if you or another
person adversely affected by this notice properly request a hearing
within 30 days of your receipt of the Notice of Intent To Suspend by
mail or, if you did not receive the notice that was sent to you via
USPS first class mail return receipt requested, then within 30 days
from the date of publication of this 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
[[Page 10522]]
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 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 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 product. The
suspension of the registration of your company's product pursuant to
this notice will be rescinded when the Agency determines you have
complied fully with the requirements which were the bases of this
notice. Such compliance may only be achieved by submission of the data/
information described in Table 2 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: February 10, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-3930 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P
