Notice of Intent To Suspend Certain Pesticide Registrations, 8447-8450 [2014-03118]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Notices]
[Pages 8447-8450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03118]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0848; FRL-9906-00]


Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice, pursuant to the Federal Insecticide, Fungicide 
and Rodenticide Act (FIFRA), publishes 4 Notices of Intent to Suspend 
certain pesticide registrations issued by EPA. Each 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 
registrants' 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 
FIFRA.

DATES: Each 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, if 
the mailed Notice of Intent to Suspend is returned to the EPA 
Administrator as undeliverable, if delivery is refused, or if the EPA 
Administrator otherwise is unable to accomplish delivery to the 
registrant after making reasonable efforts to do so, the Notice of 
Intent to Suspend becomes effective 30 days after the date of 
publication of this notice in the Federal Register, 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 EPA 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: Eric Miederhoff, Pesticide- Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: 703-347-0249; email 
address: miederhoff.eric@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.

B. How can I get copies of this document and other related information?

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

[[Page 8448]]

II. Registrants Issued Notices of Intent To Suspend Active Ingredients, 
Products Affected, and Dates Issued

    The registrants and products subject to this Notice of Intent to 
Suspend are listed in Table 1. A Notice of Intent to Suspend was sent 
to each registrant of the affected products via the U.S. Postal 
Service, first class mail, return receipt requested.

                                             Table 1--List of Registrants and Products Subject to Suspension
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                                                                               EPA                                    Date EPA issued  notice of intent
          Registrant affected                  Active ingredient        registration No.         Product name                     to suspend
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vikon Chemical Company Inc............  Triclosan.....................           6390-25  VIKOL THP................  January 28, 2013.
CTX-Cenol.............................  Malathion.....................          45385-66  CHEM-TOX MAL 50-OS.......  July 19, 2013
CTX-Cenol.............................  Malathion.....................          45385-65  CHEM-TOX MALATHION 3%....  July 19, 2013.
CTX-Cenol.............................  Malathion.....................          45358-43  CHEM-TOX MAL 50%-E.C.....  July 19, 2013.
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III. Basis for Issuance of Notice of Intent To Suspend; Requirement 
List

    The registrants failed to submit the data or information required 
by the Data-Call In Notice, 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
                                                         number as                                                                                                                    Reason for
        Registrant  affected          EPA registration   listed in      Requirement name        Date EPA issued DCI      Date registrant  received DCI      Final data due date       notice of
                                            No.          applicable                                                                                                                   intent to
                                                            DCI                                                                                                                       suspend *
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Vikon Chemical Company Inc.........            6390-25     830.1550  Product identity and   October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      composition.
Vikon Chemical Company Inc.........            6390-25     830.1600  Description of         October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      materials used to
                                                                      produce the product.
Vikon Chemical Company Inc.........            6390-25     830.1620  Description of         October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      production process.
Vikon Chemical Company Inc.........            6390-25     830.1650  Description of         October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      formulation process.
Vikon Chemical Company Inc.........            6390-25     830.1670  Discussion of          October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      formation of
                                                                      impurities.
Vikon Chemical Company Inc.........            6390-25     830.1700  Preliminary analysis.  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.1750  Certified limits.....  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.1800  Enforcement            October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      analytical method.
Vikon Chemical Company Inc.........            6390-25     830.6302  Color................  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.6303  Physical state.......  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.6304  Odor.................  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.6313  Stability to normal    October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      and elevated
                                                                      temperatures,
                                                                      metals, and metal
                                                                      ions.
Vikon Chemical Company Inc.........            6390-25     830.6314  Oxidizing or reducing  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      action.
Vikon Chemical Company Inc.........            6390-25     830.6315  Flammability.........  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.6316  Explodability........  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.6317  Storage stability....  October 5, 2011............  November 1, 2011.............  February 5, 2013...........          1,2
Vikon Chemical Company Inc.........            6390-25     830.6319  Miscibility..........  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.6320  Corrosion              October 5, 2011............  November 1, 2011.............  February 5, 2013...........          1,2
                                                                      characteristics.
Vikon Chemical Company Inc.........            6390-25     830.6321  Dieletric breakdown    October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      voltage.
Vikon Chemical Company Inc.........            6390-25     830.7000  pH...................  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.7050  UV/Visible adsorption  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.7100  Viscosity............  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     830.7200  Melting point/melting  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      range.

[[Page 8449]]

 
Vikon Chemical Company Inc.........            6390-25     830.7220  Boiling point/boiling  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      range.
Vikon Chemical Company Inc.........            6390-25     830.7300  Density/relative       October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      density.
Vikon Chemical Company Inc.........            6390-25     830.7370  Dissociation           October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      constants in water.
Vikon Chemical Company Inc.........            6390-25     830.7550  Partition coefficient  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      (n-octanol/water)
                                                                      shake flask method.
Vikon Chemical Company Inc.........            6390-25     830.7560  Partition coefficient  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      (n-octanol/water),
                                                                      generator column
                                                                      method.
Vikon Chemical Company Inc.........            6390-25     830.7570  Partition coefficient  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      (n-octanol/water),
                                                                      estimation by liquid
                                                                      chromatography.
Vikon Chemical Company Inc.........            6390-25     830.7840  Water solubility:      October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      Column elution
                                                                      method, shake flask
                                                                      method.
Vikon Chemical Company Inc.........            6390-25     830.7860  Water solubility,      October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      generator column
                                                                      method.
Vikon Chemical Company Inc.........            6390-25     830.7950  Vapor pressure.......  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     870.1100  Acute Oral Toxicity..  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     870.1200  Acute dermal toxicity  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     870.1300  Acute inhalation       October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      toxicity.
Vikon Chemical Company Inc.........            6390-25     870.2400  Acute eye irritation.  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
Vikon Chemical Company Inc.........            6390-25     870.2500  Acute dermal           October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
                                                                      irritation.
Vikon Chemical Company Inc.........            6390-25     870.2600  Skin sensitization...  October 5, 2011............  November 1, 2011.............  June 5, 2011...............          1,2
CTX-Cenol..........................   45385-66, 45385-     870.1100  Acute Oral Toxicity..  June 30, 2009..............  July 6, 2009.................  March 6, 2010..............            3
                                          65, 45385-43
CTX-Cenol..........................   45385-66, 45385-     870.1200  Acute Dermal Toxicity  June 30, 2009..............  July 6, 2009.................  March 6, 2010..............            3
                                          65, 45385-43
CTX-Cenol..........................   45385-66, 45385-     870.1300  Acute Inhalation       June 30, 2009..............  July 6, 2009.................  March 6, 2010..............            3
                                          65, 45385-43                Toxicity.
CTX-Cenol..........................   45385-66, 45385-     870.2400  Acute Eye Irritation.  June 30, 2009..............  July 6, 2009.................  March 6, 2010..............            3
                                          65, 45385-43
CTX-Cenol..........................   45385-66, 45385-     870.2500  Acute Dermal           June 30, 2009..............  July 6, 2009.................  March 6, 2010..............            3
                                          65, 45385-43                Irritation.
CTX-Cenol..........................   45385-66, 45385-     870.2600  Acute Eye              June 30, 2009..............  July 6, 2009.................  March 6, 2010..............            3
                                          65, 45385-43                Sensitization.
CTX-Cenol..........................   45385-66, 45385-     830.6317  Storage Stability....  June 30, 2009..............  July 6, 2009.................  November 6, 2010...........            3
                                          65, 45385-43
CTX-Cenol..........................   45385-66, 45385-     830.6320  Corrosion              June 30, 2009..............  July 6, 2009.................  November 6, 2010...........            3
                                          65, 45385-43                Characteristics.
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\1\ No 90-day response received.
\2\ No data received.
\3\ Inadequate data received.

IV. How To Avoid Suspension Under This Notice?

    1. You may avoid suspension under this notice if you or another 
person adversely affected by this notice properly request a hearing 
within 30 days of your receipt of the Notice of Intent to Suspend by 
mail or, if you did not receive the notice that was sent to you via 
USPS first class mail return receipt requested, then within 30 days 
from the date of publication of this Federal Register notice (see 
DATES). If you request a hearing, it will be conducted in accordance 
with the requirements of FIFRA section 6(d) 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

[[Page 8450]]

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 product(s) 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 EPA Administrator, the 
EPA Deputy Administrator, and the members of the staff in the immediate 
offices of the EPA Administrator and EPA Deputy Administrator. None of 
the persons designated as the judicial staff shall have any ex parte 
communication with trial staff or any other interested person not 
employed by EPA on the merits of any of the issues involved in this 
proceeding, without fully complying with the applicable regulations.
    2. You may also avoid suspension if, within the applicable 30-day 
deadline period as measured from your receipt of the Notice of Intent 
to Suspend by mail or publication of this notice, as set forth in DATES 
and in Unit IV.1., the Agency determines that you have taken 
appropriate steps to comply with the FIFRA section 3(c)(2)(B) DCI 
notice. In order to avoid suspension under this option, you must 
satisfactorily comply with Table 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):
    Pesticide Re-Evaluation Division, Office of Pesticide Programs, 
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(s). 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 product(s) 
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 product(s), 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 FIFRA 
sections 3(c)(2)(B) and 6(f)(2), 7 U.S.C. 136 et seq.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 5, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2014-03118 Filed 2-11-14; 8:45 am]
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