80_FR_11711 80 FR 11669 - Notice of Intent To Suspend Certain Pesticide Registrations

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

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range11669-11671
FR Document2015-04402

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 Issue 42 (Wednesday, March 4, 2015)
[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.

-----------------------------------------------------------------------

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: appleyard.moana@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?

    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



                                                                               Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices                                            11669

                                                  make appropriate arrangements using                     days prior to the meeting, to give EPA                the EPA Administrator that the
                                                  the email address or telephone/fax                      sufficient time to process your request.              registrant has complied fully with the
                                                  number.                                                 All requests should be sent to the                    requirements that served as a basis for
                                                  FOR FURTHER INFORMATION CONTACT:                        address, email, or phone/fax number                   the Notice of Intent to Suspend. Unit IV.
                                                  Questions or correspondence                             listed in the FOR FURTHER INFORMATION                 explains what must be done to avoid
                                                  concerning the teleconference meeting                   CONTACT section above.                                suspension under this notice (i.e., how
                                                  should be directed to Jasmin Muriel,                      Dated: February 26, 2015.                           to request a hearing or how to comply
                                                  U.S. Environmental Protection Agency,                                                                         fully with the requirements that served
                                                                                                          Sherri P. White,
                                                  by mail at 1200 Pennsylvania Avenue                                                                           as a basis for the Notice of Intent to
                                                                                                          Designated Federal Officer, Office of
                                                  NW., (MC2201A), Washington, DC                                                                                Suspend).
                                                                                                          Environmental Justice, U.S. EPA.
                                                  20460; by telephone at 202–564–4287;                    [FR Doc. 2015–04471 Filed 3–3–15; 8:45 am]            FOR FURTHER INFORMATION CONTACT:
                                                  via email at Muriel.Jasmin@epa.gov; or                  BILLING CODE 6560–50–P
                                                                                                                                                                Moana Appleyard, Pesticide Re-
                                                  by fax at 202–564–1624. Additional                                                                            evaluation Division (7508P), Office of
                                                  information about the NEJAC is                                                                                Pesticide Programs, Environmental
                                                  available at: www.epa.gov/                              ENVIRONMENTAL PROTECTION                              Protection Agency, 1200 Pennsylvania
                                                  environmentaljustice/nejac.                             AGENCY                                                Ave. NW., Washington, DC 20460–0001;
                                                  SUPPLEMENTARY INFORMATION: The                                                                                telephone number: (703) 308–8175;
                                                                                                          [EPA–HQ–OPP–2015–0062; FRL–9923–41]                   email address: appleyard.moana@
                                                  Charter of the NEJAC states that the
                                                  advisory committee shall provide                                                                              epa.gov.
                                                                                                          Notice of Intent To Suspend Certain
                                                  independent advice to the                               Pesticide Registrations                               SUPPLEMENTARY INFORMATION:
                                                  Administrator on areas that may
                                                  include, among other things, ‘‘advice                   AGENCY: Environmental Protection                      I. General Information
                                                  about broad, cross-cutting issues related               Agency, EPA.                                          A. Does this action apply to me?
                                                  to environmental justice, including                     ACTION: Notice.
                                                                                                                                                                   This action is directed to the public
                                                  environment-related strategic, scientific,                                                                    in general, and may be of interest to a
                                                  technological, regulatory, and economic                 SUMMARY:    This notice, pursuant the
                                                                                                          Federal Insecticide, Fungicide and                    wide range of stakeholders including
                                                  issues related to environmental justice.’’                                                                    environmental, human health, farm
                                                     A. Public Comment: Members of the                    Rodenticide Act (FIFRA), publishes
                                                                                                          three Notices of Intent to Suspend                    worker and agricultural advocates; the
                                                  public who wish to provide public                                                                             chemical industry; pesticide users; and
                                                  comment during the Thursday, March                      certain pesticide registrations issued by
                                                                                                          EPA. Each Notice of Intent to Suspend                 members of the public interested in the
                                                  19, 2015, public teleconference meeting                                                                       sale, distribution, or use of pesticides.
                                                  must pre-register by Noon, Eastern Time                 was issued following the Agency’s
                                                                                                          issuance of a Data Call-In Notice (DCI),              Since others also may be interested, the
                                                  on Monday, March 16, 2015.                                                                                    Agency has not attempted to describe all
                                                  Individuals or groups making remarks                    which required the registrants of the
                                                                                                          affected pesticide products containing a              the specific entities that may be affected
                                                  during the public comment period will                                                                         by this action. If you have any questions
                                                  be limited to seven (7) minutes. To                     certain pesticide active ingredient to
                                                                                                          take appropriate steps to secure certain              regarding the applicability of this action
                                                  accommodate the number of people                                                                              to a particular entity, consult the person
                                                  who want to address the NEJAC, only                     data, and following the registrants’
                                                                                                          failure to submit these data or to take               listed under FOR FURTHER INFORMATION
                                                  one representative of a particular                                                                            CONTACT.
                                                  community, organization, or group will                  other appropriate steps to secure the
                                                  be allowed to speak. Written comments                   required data. The subject data were                  B. How can I get copies of this document
                                                  can also be submitted for the record.                   determined to be required to maintain                 and other related information?
                                                  The suggested format for individuals                    in effect the existing registrations of the              The docket for this action, identified
                                                  providing public comments is as                         affected products. Failure to comply                  by docket identification (ID) number
                                                  follows: Name of speaker; name of                       with the data requirements of a DCI is                EPA–HQ–OPP–2015–0062, is available
                                                  organization/community; city and state;                 a basis for suspension of the affected                at http://www.regulations.gov or at the
                                                  and email address; brief description of                 registrations under FIFRA.                            Office of Pesticide Programs Regulatory
                                                  the concern, and what you want the                      DATES: Each Notice of Intent to Suspend               Public Docket (OPP Docket) in the
                                                  NEJAC to advise EPA to do. Written                      included in this Federal Register notice              Environmental Protection Agency
                                                  comments received by Noon, Eastern                      will become a final and effective                     Docket Center (EPA/DC), West William
                                                  Time on Monday, March 16, 2015, will                    suspension order automatically by                     Jefferson Clinton Bldg., Rm. 3334, 1301
                                                  be included in the materials distributed                operation of law 30 days after the date               Constitution Ave. NW., Washington, DC
                                                  to the NEJAC prior to the                               of the registrant’s receipt of the mailed             20460–0001. The Public Reading Room
                                                  teleconference. Written comments                        Notice of Intent to Suspend or, if the                is open from 8:30 a.m. to 4:30 p.m.,
                                                  received after that time will be provided               mailed Notice of Intent to Suspend is                 Monday through Friday, excluding legal
                                                  to the NEJAC as time allows. All written                returned to the EPA Administrator as                  holidays. The telephone number for the
                                                  comments should be sent to Jasmin                       undeliverable, if delivery is refused, or             Public Reading Room is (202) 566–1744,
                                                  Muriel, EPA, via email at                               if the EPA Administrator otherwise is                 and the telephone number for the OPP
                                                  Muriel.jasmin@epa.gov.                                  unable to accomplish delivery to the                  Docket is (703) 305–5805. Please review
                                                     B. Information About Services for                    registrant after making reasonable efforts            the visitor instructions and additional
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Individuals With Disabilities: For                      to do so, the Notice of Intent to Suspend             information about the docket available
                                                  information about access or services for                becomes effective 30 days after the date              at http://www.epa.gov/dockets.
                                                  individuals with disabilities, please                   of publication of this notice in the
                                                  contact Jasmin Muriel, at (202) 564–                    Federal Register, unless, during that                 II. Registrants Issued Notices of Intent
                                                  4287 or via email at Muriel.Jasmin@                     time, a timely and adequate request for               To Suspend Active Ingredients,
                                                  EPA.gov. To request special                             a hearing is made by a person adversely               Products Affected, and Dates Issued
                                                  accommodations for a disability, please                 affected by the Notice of Intent to                      The registrants and products subject
                                                  contact Ms. Muriel at least four working                Suspend, or the registrant has satisfied              to this Notice of Intent to Suspend are


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                                                  11670                              Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices

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

                                                                                       TABLE 1—LIST OF REGISTRANTS AND PRODUCTS SUBJECT TO SUSPENSION
                                                                                                                                                EPA                                                            Date EPA issued notice of
                                                         Registrant affected                           Active ingredient                     registration                  Product name                            intent to suspend
                                                                                                                                                 No.

                                                  Genics, Inc .............................   Naphthenate Salts .................                71653–1        Cobra Wrap ...........................       April 16, 2014.
                                                  Pyrethrum Board of Kenya ....               Pyrethrins ...............................          4713–5        Kenya Pyrethrum Extract Re-                  January 27, 2015.
                                                                                                                                                                  fined Concentrate.
                                                  Chem-Tech, Ltd .....................        Pyrethrins ...............................        47000–19        Dy-Fly 1 Livestock Spray ......              January 27, 2015.
                                                  Chem-Tech, Ltd .....................        Pyrethrins ...............................       47000–101        CT–42 ....................................   January 27, 2015.



                                                  III. Basis for Issuance of Notice of                               or to take other appropriate steps to
                                                  Intent To Suspend; Requirement List                                secure the required data for their
                                                    The registrants failed to submit the                             pesticide products listed in Table 2 of
                                                  data or information required by the DCI,                           this unit.

                                                                                                                         TABLE 2—LIST OF REQUIREMENTS
                                                                                                                              EPA                                                                                    Data requirements
                                                     Registrant affected                 Active ingredient                 registration               Product name                      Reason issued                     involved
                                                                                                                               No.

                                                  Genics, Inc ..................     Naphthenate Salts ......                    71653–1       Cobra Wrap ................       Failure to submit       ade-      Product chemistry.
                                                                                                                                                                                   quate required        data.
                                                  Pyrethrum Board of                 Pyrethrins ....................               4713–5      Kenya Pyrethrum Ex-               Failure to submit       ade-      Product chemistry.
                                                    Kenya.                                                                                       tract Refined Con-                quate required        data.
                                                                                                                                                 centrate.
                                                  Chem-Tech, Ltd ...........         Pyrethrins ....................           47000–19        Dy-Fly 1 Livestock                Failure to submit       ade-      Product chemistry.
                                                                                                                                                 Spray.                            quate required        data.
                                                  Chem-Tech, Ltd ...........         Pyrethrins ....................          47000–101        CT–42 .........................   Failure to submit       ade-      Product chemistry.
                                                                                                                                                                                   quate required        data.



                                                  IV. How to avoid suspension under this                             submission of data or other information,                            • Set forth all necessary supporting
                                                  notice?                                                            the need for or utility of any of the                            facts pertaining to any of the objections
                                                     1. You may avoid suspension under                               required data or other information or                            which you have identified in your
                                                  this notice if you or another person                               deadlines imposed, any allegations of                            request for a hearing.
                                                  adversely affected by this notice                                  errors or unfairness in any proceedings                             If a hearing is requested by any person
                                                  properly request a hearing within 30                               before an arbitrator, and the risks and                          other than the registrant, that person
                                                  days of your receipt of the Notice of                              benefits associated with continued                               must also state specifically why he/she
                                                  Intent to Suspend by mail or, if you did                           registration of the affected product, may                        asserts that he/she would be adversely
                                                  not receive the notice that was sent to                            be considered in the proceeding. The                             affected by the suspension action
                                                  you via USPS first class mail return                               Administrative Law Judge shall by order                          described in this notice. Three copies of
                                                  receipt requested, then within 30 days                             dismiss any objections which have no                             the request must be submitted to:
                                                  from the date of publication of this                               bearing on the allowable issues which                            Hearing Clerk, 1900 Environmental
                                                  Federal Register notice (see DATES). If                            may be considered in the proceeding.                             Protection Agency, 1200 Pennsylvania
                                                  you request a hearing, it will be                                  Section 3(c)(2)(B)(iv) of FIFRA provides                         Ave. NW., Washington, DC 20460–0001.
                                                  conducted in accordance with the                                   that any hearing must be held and a                                 An additional copy should be sent to
                                                  requirements of FIFRA section 6(d) (7                              determination issued within 75 days                              the person who signed this notice. The
                                                  U.S.C. 136d) and the Agency’s                                      after receipt of a hearing request. This                         request must be received by the Hearing
                                                  procedural regulations in 40 CFR part                              75-day period may not be extended                                Clerk by the applicable 30th day
                                                  164. Section 3(c)(2)(B) of FIFRA (7                                unless all parties in the proceeding                             deadline as measured from your receipt
                                                  U.S.C. 136a), however, provides that the                           stipulate to such an extension. If a                             of the Notice of Intent to Suspend by
                                                  only allowable issues which may be                                 hearing is properly requested, the                               mail or publication of this notice, as set
                                                  addressed at the hearing are whether                               Agency will issue a final order at the                           forth in DATES and in Unit IV.1., in order
                                                  you have failed to take the actions                                conclusion of the hearing governing the                          to be legally effective. The 30-day time
                                                                                                                     suspension of your product. A request
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  which are the bases of this notice and                                                                                              limit is established by FIFRA and
                                                  whether the Agency’s decision                                      for a hearing pursuant to this notice                            cannot be extended for any reason.
                                                  regarding the disposition of existing                              must:                                                            Failure to meet the 30-day time limit
                                                  stocks is consistent with FIFRA.                                      • Include specific objections which                           will result in automatic suspension of
                                                  Therefore, no substantive allegation or                            pertain to the allowable issues which                            your registration by operation of law
                                                  legal argument concerning other issues,                            may be heard at the hearing.                                     and, under such circumstances, the
                                                  including but not limited to the                                      • Identify the registrations for which                        suspension of the registration for your
                                                  Agency’s original decision to require the                          a hearing is requested.                                          affected product will be final and


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                                                                               Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices                                                  11671

                                                  effective at the close of business on the               possible for there to be any chance the                 Any questions about the requirements
                                                  applicable 30th day deadline as                         Agency will be able to make the                       and procedures set forth in this notice
                                                  measured from your receipt of the                       necessary determination in time to                    or in the subject FIFRA section
                                                  Notice of Intent to Suspend by mail or                  avoid suspension of your product. The                 3(c)(2)(B) DCI notice, should be
                                                  publication of this notice, as set forth in             suspension of the registration of your                addressed to the person listed under FOR
                                                  DATES and in Unit IV.1., and will not be                company’s product pursuant to this                    FURTHER INFORMATION CONTACT.
                                                  subject to further administrative review.               notice will be rescinded when the                       Authority: 7 U.S.C. 136 et seq.
                                                  The Agency’s rules of practice at 40 CFR                Agency determines you have complied
                                                  164.7 forbid anyone who may take part                   fully with the requirements which were                  Dated: February 23, 2015.
                                                  in deciding this case, at any stage of the              the bases of this notice. Such                        Michael Goodis,
                                                  proceeding, from discussing the merits                  compliance may only be achieved by                    Acting Director, Pesticide Re-evaluation
                                                  of the proceeding ex parte with any                     submission of the data/information                    Division, Office of Pesticide Programs.
                                                  party or with any person who has been                   described in Table 2 of Unit II.                      [FR Doc. 2015–04402 Filed 3–3–15; 8:45 am]
                                                  connected with the preparation or                                                                             BILLING CODE 6560–50–P
                                                  presentation of the proceeding as an                    V. Status of Products That Become
                                                  advocate or in any investigative or                     Suspended
                                                  expert capacity, or with any of their                      Your product will remain suspended,                FEDERAL COMMUNICATIONS
                                                  representatives. Accordingly, the                       however, until the Agency determines                  COMMISSION
                                                  following EPA offices, and the staffs                   you are in compliance with the
                                                  thereof, are designated as judicial staff               requirements which are the bases of this              [OMB 3060–0645]
                                                  to perform the judicial function of EPA                 notice and so informs you in writing.
                                                  in any administrative hearings on this                                                                        Information Collection Being
                                                                                                             After the suspension becomes final                 Submitted for Review and Approval to
                                                  Notice of Intent to Suspend: The Office                 and effective, the registrant subject to
                                                  of the Administrative Law Judges, the                                                                         the Office of Management and Budget
                                                                                                          this notice, including all supplemental
                                                  Office of the Environmental Appeals                     registrants of products listed in Table 1             AGENCY: Federal Communications
                                                  Board, the EPA Administrator, the EPA                   of Unit II., may not legally distribute,              Commission.
                                                  Deputy Administrator, and the members                   sell, use, offer for sale, hold for sale,             ACTION: Notice and request for
                                                  of the staff in the immediate offices of                ship, deliver for shipment, or receive                comments.
                                                  the EPA Administrator and EPA Deputy                    and (having so received) deliver or offer
                                                  Administrator. None of the persons                      to deliver, to any person, the products               SUMMARY:   As part of its continuing effort
                                                  designated as the judicial staff shall                  listed in Table 1 of Unit II. Persons other           to reduce paperwork burdens, and as
                                                  have any ex parte communication with                    than the registrant subject to this notice,           required by the Paperwork Reduction
                                                  trial staff or any other interested person              as defined in the preceding sentence,                 Act (PRA) of 1995 (44 U.S.C. 3501–
                                                  not employed by EPA on the merits of                    may continue to distribute, sell, use,                3520), the Federal Communications
                                                  any of the issues involved in this                      offer for sale, hold for sale, ship, deliver          Commission (FCC or Commission)
                                                  proceeding, without fully complying                     for shipment, or receive and (having so               invites the general public and other
                                                  with the applicable regulations.                        received) deliver or offer to deliver, to             Federal agencies to take this
                                                     2. You may also avoid suspension if,                                                                       opportunity to comment on the
                                                                                                          any person, the products listed in Table
                                                  within the applicable 30-day deadline                                                                         following information collections.
                                                                                                          1 of Unit II. Nothing in this notice
                                                  period as measured from your receipt of
                                                                                                          authorizes any person to distribute, sell,            Comments are requested concerning:
                                                  the Notice of Intent to Suspend by mail
                                                                                                          use, offer for sale, hold for sale, ship,             Whether the proposed collection of
                                                  or publication of this notice, as set forth
                                                                                                          deliver for shipment, or receive and                  information is necessary for the proper
                                                  in DATES and in Unit IV.1., the Agency
                                                                                                          (having so received) deliver or offer to              performance of the functions of the
                                                  determines that you have taken
                                                                                                          deliver, to any person, the products                  Commission, including whether the
                                                  appropriate steps to comply with the
                                                                                                          listed in Table 1 of Unit II. in any                  information shall have practical utility;
                                                  FIFRA section 3(c)(2)(B) DCI notice. In
                                                                                                          manner which would have been                          the accuracy of the Commission’s
                                                  order to avoid suspension under this
                                                                                                          unlawful prior to the suspension.                     burden estimate; ways to enhance the
                                                  option, you must satisfactorily comply
                                                                                                             If the registration for your product,              quality, utility, and clarity of the
                                                  with Table 2—List of Requirements in
                                                  Unit II., for each product by submitting                listed in Table 1 of Unit II., are currently          information collected; ways to minimize
                                                  all required supporting data/information                suspended as a result of failure to                   the burden of the collection of
                                                  described in Table 2 of Unit. II. and in                comply with another FIFRA section                     information on the respondents,
                                                  the Explanatory Appendix (in the                        3(c)(2)(B) DCI notice or FIFRA Section                including the use of automated
                                                  docket for this Federal Register notice)                4 Data Requirements notice, this notice,              collection techniques or other forms of
                                                  to the following address (preferably by                 when it becomes a final and effective                 information technology; and ways to
                                                  certified mail):                                        order of suspension, will be in addition              further reduce the information
                                                     Office of Pesticide Programs, Pesticide              to any existing suspension, i.e., all                 collection burden on small business
                                                  Re-evaluation Division (7508P),                         requirements which are the bases of the               concerns with fewer than 25 employees.
                                                  Environmental Protection Agency, 1200                   suspension must be satisfied before the                 The FCC may not conduct or sponsor
                                                  Pennsylvania Ave. NW., Washington,                      registration will be reinstated.                      a collection of information unless it
                                                  DC 20460–0001.                                             It is the responsibility of the basic              displays a currently valid Office of
                                                                                                                                                                Management and Budget (OMB) control
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     For you to avoid automatic                           registrant to notify all supplementary
                                                  suspension under this notice, the                       registered distributors of a basic                    number. No person shall be subject to
                                                  Agency must also determine within the                   registered product that this suspension               any penalty for failing to comply with
                                                  applicable 30-day deadline period that                  action also applies to their                          a collection of information subject to the
                                                  you have satisfied the requirements that                supplementary registered products. The                PRA that does not display a valid OMB
                                                  are the bases of this notice and so notify              basic registrant may be held liable for               control number.
                                                  you in writing. You should submit the                   violations committed by their                         DATES: Written comments should be
                                                  necessary data/information as quickly as                distributors.                                         submitted on or before April 3, 2015. If


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Document Created: 2018-02-21 09:32:04
Document Modified: 2018-02-21 09:32:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEach 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).
ContactMoana 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
FR Citation80 FR 11669 

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