80 FR 11669 - Notice of Intent To Suspend Certain Pesticide Registrations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 42 (March 4, 2015)

This notice, pursuant the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), publishes three 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.

[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11669-11671]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04402]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0062; FRL-9923-41]


Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency, EPA.

ACTION: Notice.

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SUMMARY: This notice, pursuant the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA), publishes three 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: Moana Appleyard, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8175; email 
address: [email protected].

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?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0062, is available at http://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 http://www.epa.gov/dockets.

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

[[Page 11670]]

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
----------------------------------------------------------------------------------------------------------------
                                                              EPA                              Date EPA issued
       Registrant affected          Active ingredient    registration       Product name      notice of  intent
                                                              No.                                 to suspend
----------------------------------------------------------------------------------------------------------------
Genics, Inc......................  Naphthenate Salts..         71653-1  Cobra Wrap.........  April 16, 2014.
Pyrethrum Board of Kenya.........  Pyrethrins.........          4713-5  Kenya Pyrethrum      January 27, 2015.
                                                                         Extract Refined
                                                                         Concentrate.
Chem-Tech, Ltd...................  Pyrethrins.........        47000-19  Dy-Fly 1 Livestock   January 27, 2015.
                                                                         Spray.
Chem-Tech, Ltd...................  Pyrethrins.........       47000-101  CT-42..............  January 27, 2015.
----------------------------------------------------------------------------------------------------------------

III. Basis for Issuance of Notice of Intent To Suspend; Requirement 
List

    The registrants failed to submit the data or information required 
by the DCI, 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
----------------------------------------------------------------------------------------------------------------
                                                     EPA                                               Data
     Registrant affected           Active       registration     Product name    Reason issued     requirements
                                 ingredient          No.                                             involved
----------------------------------------------------------------------------------------------------------------
Genics, Inc.................  Naphthenate             71653-1  Cobra Wrap.....  Failure to       Product
                               Salts.                                            submit           chemistry.
                                                                                 adequate
                                                                                 required data.
Pyrethrum Board of Kenya....  Pyrethrins.....          4713-5  Kenya Pyrethrum  Failure to       Product
                                                                Extract          submit           chemistry.
                                                                Refined          adequate
                                                                Concentrate.     required data.
Chem-Tech, Ltd..............  Pyrethrins.....        47000-19  Dy-Fly 1         Failure to       Product
                                                                Livestock        submit           chemistry.
                                                                Spray.           adequate
                                                                                 required data.
Chem-Tech, Ltd..............  Pyrethrins.....       47000-101  CT-42..........  Failure to       Product
                                                                                 submit           chemistry.
                                                                                 adequate
                                                                                 required data.
----------------------------------------------------------------------------------------------------------------

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) (7 U.S.C. 136d) and the 
Agency's procedural regulations in 40 CFR part 164. Section 3(c)(2)(B) 
of FIFRA (7 U.S.C. 136a), 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 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 registration by operation of law and, 
under such circumstances, the suspension of the registration for your 
affected product will be final and

[[Page 11671]]

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):
    Office of Pesticide Programs, Pesticide Re-evaluation Division 
(7508P), 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, 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 registration for your product, 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 FIFRA 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.

    Authority: 7 U.S.C. 136 et seq.

    Dated: February 23, 2015.
Michael Goodis,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2015-04402 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P