Notice of Intent To Suspend Certain Pesticide Registrations, 49308-49310 [2014-19780]
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49308
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices
Inc., 145 S. Miami Avenue, Village of
Cleves, OH 45002.
Test monitors representative of this
method have been tested in accordance
with the applicable test procedures
specified in 40 CFR Part 53, as amended
on August 31, 2011. After reviewing the
results of those tests and other
information submitted in the
application, EPA has determined, in
accordance with Part 53, that this
method should be designated as a
reference method. The information in
the application will be kept on file,
either at EPA’s National Exposure
Research Laboratory, Research Triangle
Park, North Carolina 27711 or in an
approved archive storage facility, and
will be available for inspection (with
advance notice) to the extent consistent
with 40 CFR Part 2 (EPA’s regulations
implementing the Freedom of
Information Act).
As a designated reference method,
this method is acceptable for use by
states and other air monitoring agencies
under the requirements of 40 CFR Part
58, Ambient Air Quality Surveillance.
For such purposes, the method must be
used in strict accordance with the
operation or instruction manual
associated with the method and subject
to any specifications and limitations
(e.g., configuration or operational
settings) specified in the applicable
designated method description (see the
identification of the method above).
Use of the method also should be in
general accordance with the guidance
and recommendations of applicable
sections of the ‘‘Quality Assurance
Handbook for Air Pollution
Measurement Systems, Volume I,’’ EPA/
600/R–94/038a and ‘‘Quality Assurance
Handbook for Air Pollution
Measurement Systems, Volume II,
Ambient Air Quality Monitoring
Program’’ EPA–454/B–08–003,
December, 2008. Provisions concerning
modification of such methods by users
are specified under Section 2.8
(Modifications of Methods by Users) of
Appendix C to 40 CFR Part 58.
Consistent or repeated noncompliance
should be reported to: Director, Human
Exposure and Atmospheric Sciences
Division (MD–E205–01), National
Exposure Research Laboratory, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711.
Designation of this new reference
method is intended to assist the States
in establishing and operating their air
quality surveillance systems under 40
CFR Part 58. Questions concerning the
commercial availability or technical
aspects of the method should be
directed to the applicant.
VerDate Mar<15>2010
16:44 Aug 19, 2014
Jkt 232001
Dated: August 12, 2014.
Jennifer Orme-Zavaleta,
Director, National Exposure Research
Laboratory.
[FR Doc. 2014–19777 Filed 8–19–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2012–0219; FRL–9914–15]
Notice of Intent To Suspend Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice, pursuant the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), publishes a
Notice of Intent to Suspend (NOITS)
certain pesticide registrations issued by
EPA. The NOITS was issued following
the Agency’s issuance of a Data Call-In
Notice (DCI), which required the
registrant 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 FIFRA.
DATES: The NOITS 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 NOITS or, if the
mailed NOITS 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 NOITS 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 NOITS,
or the registrant has satisfied the EPA
Administrator that the registrant has
complied fully with the requirements
that served as a basis for the NOITS.1
SUMMARY:
1 The NOITS was received by Repar Corporation
on or before May 19, 2014, as evidenced by a USPS
Return Receipt Card. Based on that receipt date, the
30-day deadline for Repar making a timely hearing
request was June 18, 2014. The deadline passed
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
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 NOITS).
FOR FURTHER INFORMATION CONTACT:
Khue Nguyen, Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 347–0248; email address:
nguyen.khue@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–2012–0219, 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), West William
Jefferson Clinton 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.
II. Registrant Issued Notice of Intent To
Suspend, Active Ingredient, Products
Affected, and Date Issued
The registrant and products subject to
this NOITS are listed in Table 1. A
NOITS was sent to each registrant of the
affected products via the U.S. Postal
Service (USPS), first class mail, return
receipt requested. The NOITS was
received by Repar Corporation on or
before May 19, 2014, as evidenced by a
USPS Return Receipt Card. Based on
without Repar filing a hearing request in response
to the NOITS. As a result, Repar’s affected product
registrations were suspended by operation of law.
E:\FR\FM\20AUN1.SGM
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49309
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices
that receipt date, the 30-day deadline for
Repar making a timely hearing request
was June 18, 2014. The June 18, 2014
deadline passed without Repar filing a
hearing request in response to the
NOITS. As a result, Repar’s affected
product registrations were suspended by
operation of law.
TABLE 1—LIST OF REGISTRANTS AND PRODUCTS SUBJECT TO SUSPENSION
Registrant affected
Repar
Repar
Repar
Repar
Corporation
Corporation
Corporation
Corporation
Active ingredient
..........................
..........................
..........................
..........................
Pendimethalin
Pendimethalin
Pendimethalin
Pendimethalin
III. Basis for Issuance of Notice of
Intent To Suspend; Requirement List
..................
..................
..................
..................
EPA
Registration
No.
69361–29
69361–30
69361–31
69361–32
Date EPA
Issued notice
of intent to
suspend
Product name
Pendimethalin
Pendimethalin
Pendimethalin
Pendimethalin
Weed and Feed ....................
Technical ..............................
3.3 EC Herbicide ..................
H2O Herbicide ......................
5/9/14
5/9/14
5/9/14
5/9/14
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.
The registrant failed to submit the
data or information required by the
TABLE 2—LIST OF REQUIREMENTS
EPA Registration numbers
Guideline
numbers as listed in applicable
DCI
Requirement name
69361–29, 69361–30,
69361–31, and 69361–32.
835.4100 ..........
Aerobic soil metabolism ..................
835.6100 ..........
Terrestrial field dissipation.
835.6200 ..........
Aquatic field dissipation.
850.1350 ..........
Mysid chronic toxicity.
850.1400 ..........
Fish early-life stage toxicity.
850.2100 ..........
Avian acute oral toxicity.
850.4100 ..........
Terrestrial plant toxicity (seedling
emergence).
850.4150 ..........
Terrestrial plant toxicity (vegetative
vigor).
Non-guideline ...
Whole sediment: chronic invertebrates (freshwater and marine).
1 Inadequate
emcdonald on DSK67QTVN1PROD with NOTICES
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 NOITS 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
footnote 1.
VerDate Mar<15>2010
5/31/13
Date
registrant
received
DCI
5/31/13
Final data
due date
5/31/15
Reason for
notice of
intent to
suspend
( 1)
90-day response received.
IV. How to avoid suspension under this
notice?2
2 See
Date EPA
issued DCI
17:30 Aug 19, 2014
Jkt 232001
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 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
PO 00000
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Fmt 4703
Sfmt 4703
determination issued within 75 days
after receipt of a hearing 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 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
E:\FR\FM\20AUN1.SGM
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emcdonald on DSK67QTVN1PROD with NOTICES
49310
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices
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 30-day deadline
as measured from your receipt of the
NOITS 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 registration(s) by
operation of law and, under such
circumstances, the suspension of the
registration for your affected products
will be final and effective at the close of
business on the applicable 30-day
deadline as measured from your receipt
of the NOITS 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
NOITS: 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
VerDate Mar<15>2010
16:44 Aug 19, 2014
Jkt 232001
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 NOITS 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): 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 products 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 registrant 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
PO 00000
Frm 00032
Fmt 4703
Sfmt 9990
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 products listed in Table
1 of Unit II. Nothing in this notice
authorizes any person to distribute, sell,
use, offer for sale, hold for sale, ship,
deliver for shipment, or receive and
(having so received) deliver or offer to
deliver, to any person, the products
listed in Table 1 of Unit II. in any
manner which would have been
unlawful prior to the suspension.
If the registrations for your products,
listed in Table 1 of Unit II., are currently
suspended as a result of failure to
comply with another FIFRA section
3(c)(2)(B) DCI notice or Section 4 Data
Requirements notice, this notice, when
it becomes a final and effective order of
suspension, will be in addition to any
existing suspension, i.e., all
requirements which are the bases of the
suspension must be satisfied before the
registration will be reinstated.
It is the responsibility of the basic
registrant to notify all supplementary
registered distributors of a basic
registered product that this suspension
action also applies to their
supplementary registered products. The
basic registrant may be held liable for
violations committed by their
distributors.
Any questions about the requirements
and procedures set forth in this notice
or in the subject FIFRA section
3(c)(2)(B) DCI notice, should be
addressed to the person listed under FOR
FURTHER INFORMATION CONTACT.
VI. What is the Agency’s authority for
taking this action?
The Agency’s authority for taking this
action is contained in 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: August 6, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2014–19780 Filed 8–19–14; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\20AUN1.SGM
20AUN1
]]>Agencies
[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49308-49310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19780]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2012-0219; FRL-9914-15]
Notice of Intent To Suspend Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice, pursuant the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), publishes a Notice of Intent to Suspend
(NOITS) certain pesticide registrations issued by EPA. The NOITS was
issued following the Agency's issuance of a Data Call-In Notice (DCI),
which required the registrant 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 FIFRA.
DATES: The NOITS 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 NOITS
or, if the mailed NOITS 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 NOITS 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 NOITS, or the registrant
has satisfied the EPA Administrator that the registrant has complied
fully with the requirements that served as a basis for the NOITS.\1\
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 NOITS).
---------------------------------------------------------------------------
\1\ The NOITS was received by Repar Corporation on or before May
19, 2014, as evidenced by a USPS Return Receipt Card. Based on that
receipt date, the 30-day deadline for Repar making a timely hearing
request was June 18, 2014. The deadline passed without Repar filing
a hearing request in response to the NOITS. As a result, Repar's
affected product registrations were suspended by operation of law.
FOR FURTHER INFORMATION CONTACT: Khue Nguyen, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 347-0248; email address:
_____________________________________-
nguyen.khue@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-2012-0219, 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), West William Jefferson Clinton 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.
II. Registrant Issued Notice of Intent To Suspend, Active Ingredient,
Products Affected, and Date Issued
The registrant and products subject to this NOITS are listed in
Table 1. A NOITS was sent to each registrant of the affected products
via the U.S. Postal Service (USPS), first class mail, return receipt
requested. The NOITS was received by Repar Corporation on or before May
19, 2014, as evidenced by a USPS Return Receipt Card. Based on
[[Page 49309]]
that receipt date, the 30-day deadline for Repar making a timely
hearing request was June 18, 2014. The June 18, 2014 deadline passed
without Repar filing a hearing request in response to the NOITS. As a
result, Repar's affected product registrations were suspended by
operation of law.
Table 1--List of Registrants and Products Subject to Suspension
----------------------------------------------------------------------------------------------------------------
Date EPA
EPA Issued notice
Registrant affected Active ingredient Registration Product name of intent to
No. suspend
----------------------------------------------------------------------------------------------------------------
Repar Corporation................ Pendimethalin...... 69361-29 Pendimethalin Weed and 5/9/14
Feed.
Repar Corporation................ Pendimethalin...... 69361-30 Pendimethalin Technical. 5/9/14
Repar Corporation................ Pendimethalin...... 69361-31 Pendimethalin 3.3 EC 5/9/14
Herbicide.
Repar Corporation................ Pendimethalin...... 69361-32 Pendimethalin H2O 5/9/14
Herbicide.
----------------------------------------------------------------------------------------------------------------
III. Basis for Issuance of Notice of Intent To Suspend; Requirement
List
The registrant 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date Reason for
Guideline numbers as listed Date EPA registrant Final data notice of
EPA Registration numbers in applicable DCI Requirement name issued DCI received due date intent to
DCI suspend
--------------------------------------------------------------------------------------------------------------------------------------------------------
69361-29, 69361-30, 69361-31, and 835.4100..................... Aerobic soil metabolism...... 5/31/13 5/31/13 5/31/15 (\1\)
69361-32.
--------------------------------------------------------------
835.6100..................... Terrestrial field dissipation
--------------------------------------------------------------
835.6200..................... Aquatic field dissipation....
--------------------------------------------------------------
850.1350..................... Mysid chronic toxicity.......
--------------------------------------------------------------
850.1400..................... Fish early-life stage
toxicity.
--------------------------------------------------------------
850.2100..................... Avian acute oral toxicity....
--------------------------------------------------------------
850.4100..................... Terrestrial plant toxicity
(seedling emergence).
--------------------------------------------------------------
850.4150..................... Terrestrial plant toxicity
(vegetative vigor).
--------------------------------------------------------------
Non-guideline................ Whole sediment: chronic
invertebrates (freshwater
and marine).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Inadequate 90-day response received.
IV. How to avoid suspension under this notice?\2\
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 NOITS 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 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 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
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
[[Page 49310]]
for a hearing pursuant to this notice must:
---------------------------------------------------------------------------
\2\ See footnote 1.
---------------------------------------------------------------------------
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 30-day deadline as measured from your receipt of the NOITS
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
registration(s) by operation of law and, under such circumstances, the
suspension of the registration for your affected products will be final
and effective at the close of business on the applicable 30-day
deadline as measured from your receipt of the NOITS 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 NOITS: 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 NOITS 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): 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 products 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 registrant
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 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 products
listed in Table 1 of Unit II. Nothing in this notice authorizes any
person to distribute, sell, use, offer for sale, hold for sale, ship,
deliver for shipment, or receive and (having so received) deliver or
offer to deliver, to any person, the products listed in Table 1 of Unit
II. in any manner which would have been unlawful prior to the
suspension.
If the registrations for your products, listed in Table 1 of Unit
II., are currently suspended as a result of failure to comply with
another FIFRA section 3(c)(2)(B) DCI notice or Section 4 Data
Requirements notice, this notice, when it becomes a final and effective
order of suspension, will be in addition to any existing suspension,
i.e., all requirements which are the bases of the suspension must be
satisfied before the registration will be reinstated.
It is the responsibility of the basic registrant to notify all
supplementary registered distributors of a basic registered product
that this suspension action also applies to their supplementary
registered products. The basic registrant may be held liable for
violations committed by their distributors.
Any questions about the requirements and procedures set forth in
this notice or in the subject FIFRA section 3(c)(2)(B) DCI notice,
should be addressed to the person listed under FOR FURTHER INFORMATION
CONTACT.
VI. What is the Agency's authority for taking this action?
The Agency's authority for taking this action is contained in 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: August 6, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2014-19780 Filed 8-19-14; 8:45 am]
BILLING CODE 6560-50-P
