81_FR_11601 81 FR 11558 - Flubendiamide; Notice of Intent To Cancel Pesticide Registrations

81 FR 11558 - Flubendiamide; Notice of Intent To Cancel Pesticide Registrations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11558-11561
FR Document2016-04905

Pursuant to section 6(e) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA hereby announces its intent to cancel the registration of four (4) pesticide products containing the insecticide flubendiamide owing to the registrants' failure to comply with a required condition of their registrations. This document identifies the products at issue, summarizes EPA's basis for these actions, and explains how adversely affected persons may request a hearing and the consequences of requesting or failing to request such a hearing.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11558-11561]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04905]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0099; FRL-9943-25]


Flubendiamide; Notice of Intent To Cancel Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to section 6(e) of the Federal Insecticide, Fungicide 
and Rodenticide Act (FIFRA), EPA hereby announces its intent to cancel 
the registration of four (4) pesticide products containing the 
insecticide flubendiamide owing to the registrants' failure to comply 
with a required condition of their registrations. This document 
identifies the products at issue, summarizes EPA's basis for these 
actions, and explains how adversely affected persons may request a 
hearing and the consequences of requesting or failing to request such a 
hearing.

DATES: Under FIFRA section 6(e), affected registrants and other 
adversely affected persons must request a hearing within 30 days from 
the date that the affected registrant received EPA's Notice of Intent 
to Cancel. Please see Unit VII.A.2. for specific instructions.

ADDRESSES: All persons who request a hearing must comply with the 
Agency's Rules of Practice Governing Hearings, 40 CFR part 164. 
Requests for hearing must be filed with the Hearing Clerk in EPA's 
Office of Administrative Law Judges (``OALJ''), in conformance with the 
requirements of 40 CFR part 164. The OALJ uses different addresses 
depending on the delivery method. Please see Unit VII. for specific 
instructions.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. What action is the Agency taking?

    EPA is announcing its intent to cancel the registration of four (4) 
pesticide products containing the insecticide flubendiamide owing to 
the registrants' failure to comply with a required condition of their 
registrations. Specifically, EPA intends to cancel each of the 
following pesticide products, listed in sequence by EPA registration 
number.
     EPA Reg. No. 264-1025--BELT SC Insecticide.
     EPA Reg. No. 71711-26--FLUBENDIAMIDE Technical.
     EPA Reg. No. 71711-32--VETICA Insecticide.
     EPA Reg. No. 71711-33--TOURISMO Insecticide.
    The following is a list of the names and addresses of record for 
all registrants of the products listed in this unit, in sequence by EPA 
company number (this number corresponds to the first part of the EPA 
registration numbers of the products).
     EPA Co. No. 264--Bayer CropScience LP, P.O. Box 12014, 2 
T.W. Alexander Drive, Research Triangle Park, NC 27709-2014.
     EPA Co. No. 71711--Nichino America, Inc., 4550 New Linden 
Hill Road, Suite 501, Wilmington, DE 19808-2951.
    In addition, this document summarizes EPA's legal authority for the 
proposed cancellation (see Unit II.), the registrants' failure to 
comply with a required condition of registration (see Unit III.), EPA's 
existing stocks determination (see Unit IV.), scope of the ensuing 
cancellation proceeding if a hearing is requested (see Unit V.), timing 
of cancellation of registration (see Unit VI.), and procedural matters 
that explain how eligible persons may request a hearing and the 
consequences of requesting or failing to request such a hearing (see 
Unit VII.).

B. What is the Agency's authority for taking these actions?

    The Agency's authority is contained in section 6(e) of FIFRA, 7 
U.S.C. 136d(e).

C. Who is affected by this action?

    This announcement will directly affect the pesticide registrants 
listed in Unit I.A. and others who may distribute, sell or use the 
products listed in Unit I.A. This announcement may also be of 
particular 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. EPA 
believes the stakeholders described above encompass those likely to be 
affected; however, more remote effects are possible, and the Agency has 
not attempted to describe all the other specific entities that may be 
affected by this action.

II. Legal Authority

    FIFRA generally governs pesticide sale, distribution, and use in 
the United States and establishes a federal registration scheme that 
generally precludes distributing or selling any pesticide that has not 
been ``registered'' by EPA. 7 U.S.C. 136a(a). A FIFRA registration is a 
license that establishes the terms and conditions under which a 
pesticide may be lawfully sold, distributed, and used. See id. 7 U.S.C. 
136a(c)(1)(A)-(F) and 136a(d)(1).
    The flubendiamide products at issue in this proceeding were 
conditionally registered pursuant to FIFRA section 3(c)(7)(C) and EPA's 
regulations at 40 CFR 152.114 and 152.115. Those provisions allow that 
a conditional registration of an active ingredient not contained in any 
currently registered products be registered for a reasonably sufficient 
time for the registrant to generate and submit newly-required data on 
the condition that by the end of such time the Administrator determines 
the data do not meet or exceed risk criteria and subject to such other 
conditions as the Administrator may prescribe. The conditional 
registration provision was added to FIFRA to address the inequity 
created by the then-existing statutory scheme between existing 
registrants and new applicants, and to provide a ``middle ground'' in 
the registration process between totally denying registration and 
granting it. See

[[Page 11559]]

Woodstream Corp. v Jackson, 845 F. Supp. 2d. 174,181 (D.D.C. 2012). 
However, the utility of conditional registrations depends on affected 
registrants' compliance with the terms and conditions of their 
registrations. If registrants accept registrations subject to 
conditions, but then fail to honor those conditions, EPA could well 
become more restrictive in its use of the conditional registration 
authority, and society would lose some of the benefits offered by a 
flexible registration process.
    FIFRA section 6(e) establishes procedures for cancellation of 
conditional registrations issued pursuant to FIFRA section 3(c)(7). 
Pursuant to FIFRA section 6(e), the Administrator is required to issue 
a notice of intent to cancel a conditional registration under FIFRA 
section 3(c)(7) if (1) during the period provided for the satisfaction 
of the condition, the Administrator determines that the registrant has 
failed to initiate and pursue appropriate action to satisfy any imposed 
condition, or (2) at the end of the period provided for satisfaction of 
any condition, the condition has not been satisfied. The Administrator 
is authorized to permit the sale and use of existing stocks of a 
pesticide whose conditional registration has been canceled to such 
extent and subject to such conditions as the Administrator may specify, 
if the Administrator determines that such sale or use is not 
inconsistent with the purposes of this Act and will not have 
unreasonable adverse effects on the environment.
    If a hearing is requested by an adversely affected party, a hearing 
shall be conducted in accordance with FIFRA section 6(d) and 40 CFR 
part 164 (the regulations establishing the procedures for hearings 
under FIFRA). The scope of a hearing under FIFRA section 6(e) is quite 
narrow; FIFRA provides that the only matters for resolution at that 
hearing shall be whether the registrant has initiated and pursued 
appropriate action to comply with the condition or conditions within 
the time provided or whether the condition or conditions have been 
satisfied within the time provided, and whether the Administrator's 
determination with respect to the disposition of existing stocks is 
consistent with FIFRA. A decision after completion of the hearing is 
final. Consistent with the narrowness of the scope of hearing, the 
statute also provides that a hearing under FIFRA section 6(e) shall be 
held and a determination made within seventy-five (75) days after 
receipt of a request for hearing.

III. Registrants' Failure To Comply With a Required Condition of 
Registration

    Flubendiamide is an insecticide which targets lepidoptera pests 
approved for use on corn, cotton, tobacco, tree fruits, nuts, 
vegetables, and vine crops. EPA has determined that the flubendiamide 
registrations listed in Unit I.A. should be cancelled because the 
registrants have failed to satisfy a required condition of their 
registrations.
    EPA issued conditional registrations for each of the flubendiamide 
products identified in Unit I.A., beginning with the issuance of 
Flubendiamide Technical and Belt SC Insecticide on August 1, 2008. The 
Notices of Registration (``NOR'') issued on August 1, 2008, state that 
the product is conditionally registered in accordance with FIFRA 
section 3(c)(7), incorporating by reference conditions of registration 
set forth in EPA's preliminary acceptance letter (``PAL''). Vetica and 
Tourismo flubendiamide registrations were issued March 4, 2009, and the 
PAL applied to those registrations as well. The NOR states that 
``release for shipment of these products constitutes acceptance of the 
conditions of registration as outlined in the preliminary acceptance 
letter for flubendiamide, dated July 31, 2008. If these conditions are 
not complied with, the registration will be subject to cancellation in 
accordance with section 6(e) of FIFRA.'' The Registrants subsequently 
released each of these products for shipment, thereby accepting the 
specified conditions of registration.
    EPA's PAL for flubendiamide (which, as noted previously, included 
conditions of registration which were specifically incorporated into 
the NORs) was issued on July 31, 2008, and specified the conditions 
under which EPA would approve registration of the flubendiamide 
products. The flubendiamide registrants, Bayer CropScience LP, as 
authorized agent for Nichino America, Inc., agreed to these terms by 
concurring with the Registration Division's intended terms and 
conditions of registration. Application for a New Section 3 
Registration of Flubendiamide with Associated Tolerance, July 31, 2008. 
At the time of registration, the product was conditionally registered 
subject to a time limit of 5 years. EPA required flubendiamide to be 
conditionally registered because of concerns regarding flubendiamide's 
mobility, stability/persistence, accumulation in soils, water columns 
and sediments, and the extremely toxic nature of the primary degradate 
NNI-001-des-iodo to invertebrates of aquatic systems; in light of these 
concerns, the conditional registrations required use of vegetative 
filter strips and submission of additional data to address the 
concerns. In addition, instead of the registrations automatically 
expiring on a date certain, a condition was added that obligated the 
registrants to expeditiously request voluntary cancellation of the 
registrations if EPA notified them that EPA determined the 
registrations did not meet the FIFRA standard for registration.
    The Registrants understood and agreed by signing the PAL that if, 
after EPA review of the referenced conditional data, EPA were to make a 
determination that continued registration of flubendiamide products 
will result in unreasonable adverse effects on the environment, EPA 
would notify the Registrants, and within one (1) week of notification 
of this finding, the Registrants would submit a request for voluntary 
cancellation of all the flubendiamide registrations. Without that 
condition, the registration would likely not have been approved by EPA. 
Moreover, pursuant to the terms of the NORs for the four flubendiamide 
registrations, each Registrant accepted all conditions of their 
flubendiamide registrations--expressly including the conditions 
specified in the PAL--upon sale or distribution of pesticide products 
pursuant to those registrations. The Registrants were notified on 
January 29, 2016 that EPA had made such a finding and, under the terms 
of the time-limited/conditional registration, the Registrants were 
obligated to submit an appropriate request for voluntary cancellation 
to EPA by or before February 5, 2016. Letter to Ms. Nancy Delaney, 
Regulatory Manager, Authorized Agent for Nichino America, Inc., c/o 
Bayer CropScience, from Jack E. Housenger, Director, Office of 
Pesticide Programs, January 29, 2016. On February 5, 2016, Bayer 
submitted a letter to EPA on its behalf and as regulatory agent for 
Nichino, informing EPA that neither registrant would comply with the 
condition to submit voluntary cancellation requests for the 
flubendiamide registrations. Response to Request to Submit Voluntary 
Cancellation Requests for Flubendiamide Technical Registration and 
Associated End Use Products, February 5, 2016. Consistent with the 
position stated in the February 5, 2016 letter, neither Bayer nor 
Nichino has submitted a voluntary cancellation request in response to 
EPA's letter of January 29, 2016. Once EPA exercised

[[Page 11560]]

the registration condition set forth in the NOR, the registrants' 
failure to comply with that condition of registration by submitting 
requests for voluntary cancellation makes the flubendiamide products 
identified in Unit I.A. subject to cancellation under FIFRA section 
6(e).

IV. EPA's Existing Stocks Determination

    Existing stocks of cancelled pesticides are those products that 
were ``released for shipment'' before the effective date of 
cancellation. FIFRA sections 6(a)(1) and 6(e) allow the Agency to 
permit the continued sale and use of existing stocks of pesticides that 
have been cancelled, to the extent that the Administrator determines 
that such sale or use would not be inconsistent with the purposes of 
this Act. 7 U.S.C. 136d(a)(1). FIFRA section 6(a)(1) authorizes the 
Administrator to ``permit the continued sale and use of existing stocks 
of a pesticide whose registration is suspended or canceled . . . under 
such conditions, and for such uses as the Administrator determines that 
such sale or use is not inconsistent with the purposes of this Act.''
    EPA's policy in regard to the disposition of existing stocks of 
cancelled pesticides appears in a policy statement issued in 1991 and 
amended in 1996. (56 FR 29362, June 26, 1991 (FRL-3846-4) and 61 FR 
16632, April 16, 1996 (FRL-5363-8)). The existing stocks policy 
indicates that although registrants who fail to satisfy a general 
condition (i.e., one which requires a registrant to submit required 
data when all other registrants of the similar product are required to 
do so) would typically be allowed to distribute and sell existing 
stocks of the cancelled pesticide for one year,

    On the other hand, if a registrant of a conditional registration 
fails to comply with a specific condition identified at the time the 
registration was issued, the Agency does not believe it is generally 
appropriate to allow any sale and use of existing stocks if the 
registration is cancelled. Accordingly, the Agency does not 
anticipate allowing a registrant to sell or distribute existing 
stocks of cancelled products that were conditionally registered if 
the registrant fails to demonstrate compliance with any specific 
requirements set forth in the conditional registration. 56 FR at 
29366-67.

    The registration condition in the instant case is specific and was 
identified at the time the registration was issued, so the Agency does 
not intend to allow any sale or distribution of existing stocks.
    Neither FIFRA nor any other law gives the registrant or anyone else 
a right to continue to distribute or sell existing stocks of a 
cancelled pesticide. Per FIFRA section 6(a)(1), the disposition of 
existing stocks of cancelled pesticides is at the discretion of the 
Administrator. Inasmuch as the disposition of existing stocks of a 
cancelled pesticide is at EPA's discretion, EPA considers it 
inappropriate to reward registrants who disregard the terms and 
conditions of registration, like the condition at issue here, by 
allowing any distribution or sale of existing stocks. This is not a 
case where the registrants have made a diligent effort to comply with 
the condition of registration, only to fail through circumstances 
beyond their control. Rather, they simply refuse to comply with a 
condition they earlier chose to accept in order to obtain the 
registration initially. Their refusal to comply with the condition will 
likely delay the cancellation for a number of months, during which time 
they may not only continue to sell and distribute the previously-
produced product that should by the terms and conditions of 
registration now be cancelled, but also to continue to produce, sell 
and distribute additional quantities until cancellation through the 
FIFRA section 6(e) proceeding. For these reasons, and consistent with 
EPA's existing stocks policy, EPA has determined that it would not be 
appropriate to allow any further sale or distribution, by any person, 
of existing stocks of the products identified in Unit I.A. after those 
registrations are cancelled, except to the extent that distribution is 
for purposes of returning material back up the channels of trade, for 
purposes of disposal, or for purposes of lawful export.
    EPA has determined that use of existing stocks of the technical 
flubendiamide registration (EPA Reg. No. 71711-26) should be prohibited 
upon the cancellation of that registration. Technical products are used 
solely for the purpose of manufacturing other pesticide products. For 
the same reason discussed above with respect to sale and distribution 
of cancelled products, EPA believes it would be inappropriate to allow 
use of existing stocks of EPA Reg. No. 71711-26 to produce additional 
flubendiamide pesticide products unless those products are clearly 
designated solely for lawful export.
    EPA believes it would be appropriate to allow continued use of 
existing stocks of the cancelled end-use flubendiamide products EPA 
Reg. Nos. 264-1025, 71711-32, and 71711-33, currently held by end 
users, provided that such use is consistent with the previously 
approved-labeling accompanying the product. The quantity of existing 
stocks of these products currently in the hands of end users is 
expected to be sufficiently low that the costs and risks associated 
with collecting them for disposal would be high compared to those 
associated with the use of the cancelled product in accordance with its 
labeling. When containers of flubendiamide have already been opened, 
transporting them can create a greater risk of spillage. Open 
containers also create additional burden when sent for disposal because 
proper disposal may require that the content be verified, adding 
additional expense. Because of the probable wide dispersal of product 
in user's hands, notification and subsequent supervision of users 
imposes significant costs on state and/or federal authorities. EPA may 
amend its position regarding use of existing stocks of end-use 
flubendiamide products at hearing if the quantity of those products in 
the hands of end users increases prior to cancellation. For these 
reasons, EPA intends to allow existing stocks of the end-use 
flubendiamide products EPA Reg. Nos. 264-1025, 71711-32, and 71711-33, 
in the hands of end users to be used until exhausted.

V. Scope of Proceeding

    The scope of a hearing under FIFRA section 6(e) is quite narrow; 
FIFRA provides that the only matters for resolution at that hearing 
shall be whether the registrant has initiated and pursued appropriate 
action to comply with the condition or conditions within the time 
provided or whether the condition or conditions have been satisfied 
within the time provided, and whether the Administrator's determination 
with respect to the disposition of existing stocks is consistent with 
FIFRA. The Statute also provides that a hearing under FIFRA section 
6(e) shall be held and a determination made within seventy-five days 
after receipt of a request for hearing.
    A FIFRA section 6(e) proceeding is intended only to address whether 
conditions of registration have been met, not to assess the merits of 
conditions or whether the registrants disagree with the conditions of 
their approved registration. Similarly, the FIFRA section 6(e) 
proceeding is limited to whether the Agency's existing stocks 
determination ``is consistent'' with FIFRA, not whether the existing 
stock provisions of the NOIC strike an optimal balance between the 
risks and benefits associated with the distribution, sale and use of 
existing stocks of a cancelled pesticide. FIFRA section 6(e)(2)

[[Page 11561]]

provides that where a FIFRA section 6(e) cancellation hearing is 
requested, the scope of the hearing and the standard of review in 
regard to the Administrator's determination with respect to the 
disposition of existing stocks is limited to whether that determination 
is consistent with FIFRA.
    Congress mandated a final decision within seventy-five (75) days, 
and a broader or more complex hearing could not reasonably be completed 
in such a limited timeframe. Accordingly, the only matters for 
resolution in any hearing requested regarding this matter shall be 
whether the registrants satisfied the condition of registration 
requiring them to submit timely requests for voluntary cancellation 
when notified by EPA of its determination that the registrations caused 
unreasonable adverse effects on the environment, and whether the 
proposed existing stocks provision is consistent with FIFRA.

VI. Timing of Cancellation of Registration

    The cancellation of registration of each of the specific products 
identified in Unit I.A. will be final and effective thirty (30) days 
after the date of receipt by the registrant, unless a valid hearing 
request is received regarding that specific flubendiamide product.
    In the event a hearing is held concerning a particular product, the 
cancellation of the registration for that product will not become 
effective except pursuant to a final order issued by the Environmental 
Appeals Board or (if the matter is referred to the Administrator 
pursuant to 40 CFR 164.2(g)) the Administrator, or an initial decision 
of the presiding Administrative Law Judge that becomes a final order 
pursuant to 40 CFR 164.90(b). Pursuant to FIFRA section 6(e)(2), such 
order shall issue within seventy-five (75) days after receipt of a 
request for hearing.

VII. Procedural Matters

    This unit explains how eligible persons may request a hearing and 
the consequences of requesting or failing to request such a hearing.

A. Requesting a Hearing

    1. Who can request a hearing? A registrant or any other person who 
is adversely affected by a cancellation as described in this document 
may request a hearing.
    2. When must a hearing be requested? A request for a hearing by a 
registrant or other adversely affected person must be submitted in 
writing within thirty (30) days after the date of the registrant's 
receipt of the Notice of Intent to Cancel. Under FIFRA section 6(e), 
the time period for requesting a hearing is calculated from the date 
the affected registrant receives the Notice of Intent to Cancel, 
without regard to the date of issuance or publication in the Federal 
Register. EPA issued this Notice of Intent to Cancel and promptly sent 
it to each registrant by certified mail on February 29, 2016. 
Registrants will be able to calculate the deadline for their request 
based on their receipt of the Notice of Intent to Cancel. In order to 
assure that any requests for hearing from persons other than the 
registrants are received in a timely manner, persons other than the 
registrants who wish to submit a request for hearing are urged to 
assume that the registrants received the Notice of Intent to Cancel on 
March 1, 2016, and make sure that a request for hearing is received by 
EPA's Office of Administrative Law Judges on or before March 31, 2016.
    3. How must a hearing be requested? All persons who request a 
hearing must comply with the Agency's Rules of Practice Governing 
Hearings under FIFRA, 40 CFR part 164. Among other requirements, these 
rules include the following requirements:
    a. Each hearing request must specifically identify by registration 
or accession number each individual pesticide product concerning which 
a hearing is requested, 40 CFR 164.22(a);
    b. Each hearing request must be accompanied by a document setting 
forth specific objections which respond to the Agency's reasons for 
proposing cancellation as set forth in this document and state the 
factual basis for each such objection, 40 CFR 164.22(a); and
    c. Each hearing request must be received by the OALJ within the 
applicable 30-day period (40 CFR 164.5(a)).
    Failure to comply with any one of these requirements will 
invalidate the request for a hearing and, in the absence of a valid 
hearing request, result in final cancellation of registration for the 
product in question by operation of law.
    4. Where does a person submit a hearing request? Requests for 
hearing must be submitted to the OALJ. The OALJ uses different 
addresses depending on the delivery method. Please note that mail 
deliveries to federal agencies are screened off-site, and this security 
procedure can delay delivery. Documents that a party sends using the 
U.S. Postal Service must be addressed to the following OALJ mailing 
address: U.S. Environmental Protection Agency, Office of Administrative 
Law Judges, Mail Code 1900R, 1200 Pennsylvania Avenue NW., Washington, 
DC 20460.
    Documents that a party hand delivers or sends using a courier or 
commercial delivery service (such as Federal Express or UPS) must be 
addressed to the following OALJ hand delivery address: U.S. 
Environmental Protection Agency, Office of Administrative Law Judges, 
Ronald Reagan Building, Rm. M1200, 1300 Pennsylvania Ave. NW., 
Washington, DC 20460.

B. The Hearing

    If a hearing concerning any product affected by this document is 
requested in a timely and effective manner, the hearing will be 
governed by the Agency's Rules of Practice Governing Hearings under 
FIFRA, 40 CFR part 164, and the procedures set forth in Unit VII. Any 
interested person may participate in the hearing, in accordance with 40 
CFR 164.31.
    Documents and transcripts will be available in the Administrative 
Law Judges' Electronic Docket Database available at http://yosemite.epa.gov/oarm/alj/alj_web_docket.nsf. The physical public 
docket for the hearing is located at the U.S. Environmental Protection 
Agency, Office of Administrative Law Judges, Ronald Reagan Building, 
Rm. M1200, 1300 Pennsylvania Ave. NW., Washington, DC 20460 and 
documents can be viewed from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, except federal holidays.

List of Subjects

    Environmental protection, Pesticides and pests, Cancellation.

    Dated: February 29, 2016.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2016-04905 Filed 3-3-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  11558                           Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices

                                                     Department of Energy’s National                      ADDRESSES:  All persons who request a                 that explain how eligible persons may
                                                     Nuclear Security Administration’s                    hearing must comply with the Agency’s                 request a hearing and the consequences
                                                     FSEIS #20160047, filed with EPA on                   Rules of Practice Governing Hearings,                 of requesting or failing to request such
                                                     02/24/2016. TVA is a cooperating                     40 CFR part 164. Requests for hearing                 a hearing (see Unit VII.).
                                                     agency for the project. Therefore,                   must be filed with the Hearing Clerk in               B. What is the Agency’s authority for
                                                     recirculation of the document is not                 EPA’s Office of Administrative Law                    taking these actions?
                                                     necessary under Section 1306.3(c) of                 Judges (‘‘OALJ’’), in conformance with
                                                     the CEQ Regulations.                                 the requirements of 40 CFR part 164.                    The Agency’s authority is contained
                                                                                                          The OALJ uses different addresses                     in section 6(e) of FIFRA, 7 U.S.C.
                                                  Amended Notices                                                                                               136d(e).
                                                                                                          depending on the delivery method.
                                                  EIS No. 20150343, Draft, NPS, AZ,                       Please see Unit VII. for specific                     C. Who is affected by this action?
                                                    Backcountry Management Plan Grand                     instructions.
                                                    Canyon National Park, Comment                                                                                  This announcement will directly
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      affect the pesticide registrants listed in
                                                    Period Ends: 04/04/2016, Contact:                     Susan Lewis, Registration Division
                                                    Rachel Bennett 928–638–7326.                                                                                Unit I.A. and others who may distribute,
                                                                                                          (7505P), Office of Pesticide Programs,                sell or use the products listed in Unit
                                                    Revision to FR Notice Published 12/                   Environmental Protection Agency, 1200
                                                    11/2015; Extending Comment Period                                                                           I.A. This announcement may also be of
                                                                                                          Pennsylvania Ave. NW., Washington,                    particular interest to a wide range of
                                                    from 03/04/2016 to 04/04/2016.                        DC 20460–0001; main telephone                         stakeholders including environmental,
                                                  EIS No. 20160028, Final, FHWA, WI, I–                   number: (703) 305–7090; email address:                human health, farm worker, and
                                                    94 East-West Corridor (70th St–16th                   RDFRNotices@epa.gov.                                  agricultural advocates; the chemical
                                                    St), Review Period Ends: 04/15/2016,
                                                                                                          SUPPLEMENTARY INFORMATION:                            industry; pesticide users; and members
                                                    Contact: Michael Davies 608–829–
                                                                                                                                                                of the public interested in the sale,
                                                    7500. Revision to FR Notice Published                 I. Executive Summary
                                                                                                                                                                distribution, or use of pesticides. EPA
                                                    02/12/2016; Extending Comment
                                                                                                          A. What action is the Agency taking?                  believes the stakeholders described
                                                    Period from 03/14/2016 to 04/15/
                                                                                                             EPA is announcing its intent to cancel             above encompass those likely to be
                                                    2016.
                                                                                                          the registration of four (4) pesticide                affected; however, more remote effects
                                                    Dated: March 1, 2016.                                                                                       are possible, and the Agency has not
                                                                                                          products containing the insecticide
                                                  Dawn Roberts,                                                                                                 attempted to describe all the other
                                                                                                          flubendiamide owing to the registrants’
                                                  Management Analyst, NEPA Compliance                     failure to comply with a required                     specific entities that may be affected by
                                                  Division, Office of Federal Activities.                                                                       this action.
                                                                                                          condition of their registrations.
                                                  [FR Doc. 2016–04833 Filed 3–3–16; 8:45 am]              Specifically, EPA intends to cancel each              II. Legal Authority
                                                  BILLING CODE 6560–50–P                                  of the following pesticide products,
                                                                                                                                                                   FIFRA generally governs pesticide
                                                                                                          listed in sequence by EPA registration
                                                                                                                                                                sale, distribution, and use in the United
                                                                                                          number.
                                                  ENVIRONMENTAL PROTECTION                                   • EPA Reg. No. 264–1025—BELT SC                    States and establishes a federal
                                                  AGENCY                                                  Insecticide.                                          registration scheme that generally
                                                                                                             • EPA Reg. No. 71711–26—                           precludes distributing or selling any
                                                  [EPA–HQ–OPP–2007–0099; FRL–9943–25]                     FLUBENDIAMIDE Technical.                              pesticide that has not been ‘‘registered’’
                                                                                                             • EPA Reg. No. 71711–32—VETICA                     by EPA. 7 U.S.C. 136a(a). A FIFRA
                                                  Flubendiamide; Notice of Intent To                      Insecticide.                                          registration is a license that establishes
                                                  Cancel Pesticide Registrations                             • EPA Reg. No. 71711–33—                           the terms and conditions under which
                                                                                                          TOURISMO Insecticide.                                 a pesticide may be lawfully sold,
                                                  AGENCY: Environmental Protection                           The following is a list of the names               distributed, and used. See id. 7 U.S.C.
                                                  Agency (EPA).                                           and addresses of record for all                       136a(c)(1)(A)–(F) and 136a(d)(1).
                                                  ACTION: Notice.                                         registrants of the products listed in this               The flubendiamide products at issue
                                                                                                          unit, in sequence by EPA company                      in this proceeding were conditionally
                                                  SUMMARY:    Pursuant to section 6(e) of the             number (this number corresponds to the                registered pursuant to FIFRA section
                                                  Federal Insecticide, Fungicide and                      first part of the EPA registration                    3(c)(7)(C) and EPA’s regulations at 40
                                                  Rodenticide Act (FIFRA), EPA hereby                     numbers of the products).                             CFR 152.114 and 152.115. Those
                                                  announces its intent to cancel the                         • EPA Co. No. 264—Bayer                            provisions allow that a conditional
                                                  registration of four (4) pesticide                      CropScience LP, P.O. Box 12014, 2 T.W.                registration of an active ingredient not
                                                  products containing the insecticide                     Alexander Drive, Research Triangle                    contained in any currently registered
                                                  flubendiamide owing to the registrants’                 Park, NC 27709–2014.                                  products be registered for a reasonably
                                                  failure to comply with a required                          • EPA Co. No. 71711—Nichino                        sufficient time for the registrant to
                                                  condition of their registrations. This                  America, Inc., 4550 New Linden Hill                   generate and submit newly-required
                                                  document identifies the products at                     Road, Suite 501, Wilmington, DE                       data on the condition that by the end of
                                                  issue, summarizes EPA’s basis for these                 19808–2951.                                           such time the Administrator determines
                                                  actions, and explains how adversely                        In addition, this document                         the data do not meet or exceed risk
                                                  affected persons may request a hearing                  summarizes EPA’s legal authority for                  criteria and subject to such other
                                                  and the consequences of requesting or                   the proposed cancellation (see Unit II.),             conditions as the Administrator may
                                                  failing to request such a hearing.                      the registrants’ failure to comply with a             prescribe. The conditional registration
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                                                  DATES: Under FIFRA section 6(e),                        required condition of registration (see               provision was added to FIFRA to
                                                  affected registrants and other adversely                Unit III.), EPA’s existing stocks                     address the inequity created by the
                                                  affected persons must request a hearing                 determination (see Unit IV.), scope of                then-existing statutory scheme between
                                                  within 30 days from the date that the                   the ensuing cancellation proceeding if a              existing registrants and new applicants,
                                                  affected registrant received EPA’s Notice               hearing is requested (see Unit V.),                   and to provide a ‘‘middle ground’’ in the
                                                  of Intent to Cancel. Please see Unit                    timing of cancellation of registration                registration process between totally
                                                  VII.A.2. for specific instructions.                     (see Unit VI.), and procedural matters                denying registration and granting it. See


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                                                                                  Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices                                            11559

                                                  Woodstream Corp. v Jackson, 845 F.                      III. Registrants’ Failure To Comply                   degradate NNI–001-des-iodo to
                                                  Supp. 2d. 174,181 (D.D.C. 2012).                        With a Required Condition of                          invertebrates of aquatic systems; in light
                                                  However, the utility of conditional                     Registration                                          of these concerns, the conditional
                                                  registrations depends on affected                          Flubendiamide is an insecticide                    registrations required use of vegetative
                                                  registrants’ compliance with the terms                  which targets lepidoptera pests                       filter strips and submission of
                                                  and conditions of their registrations. If               approved for use on corn, cotton,                     additional data to address the concerns.
                                                  registrants accept registrations subject to             tobacco, tree fruits, nuts, vegetables, and           In addition, instead of the registrations
                                                  conditions, but then fail to honor those                vine crops. EPA has determined that the               automatically expiring on a date certain,
                                                  conditions, EPA could well become                       flubendiamide registrations listed in                 a condition was added that obligated the
                                                  more restrictive in its use of the                      Unit I.A. should be cancelled because                 registrants to expeditiously request
                                                  conditional registration authority, and                 the registrants have failed to satisfy a              voluntary cancellation of the
                                                  society would lose some of the benefits                 required condition of their registrations.            registrations if EPA notified them that
                                                  offered by a flexible registration process.                EPA issued conditional registrations               EPA determined the registrations did
                                                                                                          for each of the flubendiamide products                not meet the FIFRA standard for
                                                     FIFRA section 6(e) establishes
                                                                                                          identified in Unit I.A., beginning with               registration.
                                                  procedures for cancellation of
                                                  conditional registrations issued                        the issuance of Flubendiamide                            The Registrants understood and
                                                  pursuant to FIFRA section 3(c)(7).                      Technical and Belt SC Insecticide on                  agreed by signing the PAL that if, after
                                                  Pursuant to FIFRA section 6(e), the                     August 1, 2008. The Notices of                        EPA review of the referenced
                                                  Administrator is required to issue a                    Registration (‘‘NOR’’) issued on August               conditional data, EPA were to make a
                                                  notice of intent to cancel a conditional                1, 2008, state that the product is                    determination that continued
                                                  registration under FIFRA section 3(c)(7)                conditionally registered in accordance                registration of flubendiamide products
                                                  if (1) during the period provided for the               with FIFRA section 3(c)(7),                           will result in unreasonable adverse
                                                  satisfaction of the condition, the                      incorporating by reference conditions of              effects on the environment, EPA would
                                                  Administrator determines that the                       registration set forth in EPA’s                       notify the Registrants, and within one
                                                  registrant has failed to initiate and                   preliminary acceptance letter (‘‘PAL’’).              (1) week of notification of this finding,
                                                  pursue appropriate action to satisfy any                Vetica and Tourismo flubendiamide                     the Registrants would submit a request
                                                  imposed condition, or (2) at the end of                 registrations were issued March 4, 2009,              for voluntary cancellation of all the
                                                  the period provided for satisfaction of                 and the PAL applied to those                          flubendiamide registrations. Without
                                                  any condition, the condition has not                    registrations as well. The NOR states                 that condition, the registration would
                                                  been satisfied. The Administrator is                    that ‘‘release for shipment of these                  likely not have been approved by EPA.
                                                  authorized to permit the sale and use of                products constitutes acceptance of the                Moreover, pursuant to the terms of the
                                                  existing stocks of a pesticide whose                    conditions of registration as outlined in             NORs for the four flubendiamide
                                                  conditional registration has been                       the preliminary acceptance letter for                 registrations, each Registrant accepted
                                                                                                          flubendiamide, dated July 31, 2008. If                all conditions of their flubendiamide
                                                  canceled to such extent and subject to
                                                                                                          these conditions are not complied with,               registrations—expressly including the
                                                  such conditions as the Administrator
                                                                                                          the registration will be subject to                   conditions specified in the PAL—upon
                                                  may specify, if the Administrator
                                                                                                          cancellation in accordance with section               sale or distribution of pesticide products
                                                  determines that such sale or use is not
                                                                                                          6(e) of FIFRA.’’ The Registrants                      pursuant to those registrations. The
                                                  inconsistent with the purposes of this
                                                                                                          subsequently released each of these                   Registrants were notified on January 29,
                                                  Act and will not have unreasonable
                                                                                                          products for shipment, thereby                        2016 that EPA had made such a finding
                                                  adverse effects on the environment.
                                                                                                          accepting the specified conditions of                 and, under the terms of the time-
                                                     If a hearing is requested by an                      registration.                                         limited/conditional registration, the
                                                  adversely affected party, a hearing shall                  EPA’s PAL for flubendiamide (which,                Registrants were obligated to submit an
                                                  be conducted in accordance with FIFRA                   as noted previously, included                         appropriate request for voluntary
                                                  section 6(d) and 40 CFR part 164 (the                   conditions of registration which were                 cancellation to EPA by or before
                                                  regulations establishing the procedures                 specifically incorporated into the NORs)              February 5, 2016. Letter to Ms. Nancy
                                                  for hearings under FIFRA). The scope of                 was issued on July 31, 2008, and                      Delaney, Regulatory Manager,
                                                  a hearing under FIFRA section 6(e) is                   specified the conditions under which                  Authorized Agent for Nichino America,
                                                  quite narrow; FIFRA provides that the                   EPA would approve registration of the                 Inc., c/o Bayer CropScience, from Jack
                                                  only matters for resolution at that                     flubendiamide products. The                           E. Housenger, Director, Office of
                                                  hearing shall be whether the registrant                 flubendiamide registrants, Bayer                      Pesticide Programs, January 29, 2016.
                                                  has initiated and pursued appropriate                   CropScience LP, as authorized agent for               On February 5, 2016, Bayer submitted a
                                                  action to comply with the condition or                  Nichino America, Inc., agreed to these                letter to EPA on its behalf and as
                                                  conditions within the time provided or                  terms by concurring with the                          regulatory agent for Nichino, informing
                                                  whether the condition or conditions                     Registration Division’s intended terms                EPA that neither registrant would
                                                  have been satisfied within the time                     and conditions of registration.                       comply with the condition to submit
                                                  provided, and whether the                               Application for a New Section 3                       voluntary cancellation requests for the
                                                  Administrator’s determination with                      Registration of Flubendiamide with                    flubendiamide registrations. Response
                                                  respect to the disposition of existing                  Associated Tolerance, July 31, 2008. At               to Request to Submit Voluntary
                                                  stocks is consistent with FIFRA. A                      the time of registration, the product was             Cancellation Requests for
                                                  decision after completion of the hearing                conditionally registered subject to a                 Flubendiamide Technical Registration
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                                                  is final. Consistent with the narrowness                time limit of 5 years. EPA required                   and Associated End Use Products,
                                                  of the scope of hearing, the statute also               flubendiamide to be conditionally                     February 5, 2016. Consistent with the
                                                  provides that a hearing under FIFRA                     registered because of concerns regarding              position stated in the February 5, 2016
                                                  section 6(e) shall be held and a                        flubendiamide’s mobility, stability/                  letter, neither Bayer nor Nichino has
                                                  determination made within seventy-five                  persistence, accumulation in soils,                   submitted a voluntary cancellation
                                                  (75) days after receipt of a request for                water columns and sediments, and the                  request in response to EPA’s letter of
                                                  hearing.                                                extremely toxic nature of the primary                 January 29, 2016. Once EPA exercised


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                                                  11560                           Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices

                                                  the registration condition set forth in the             right to continue to distribute or sell               approved-labeling accompanying the
                                                  NOR, the registrants’ failure to comply                 existing stocks of a cancelled pesticide.             product. The quantity of existing stocks
                                                  with that condition of registration by                  Per FIFRA section 6(a)(1), the                        of these products currently in the hands
                                                  submitting requests for voluntary                       disposition of existing stocks of                     of end users is expected to be
                                                  cancellation makes the flubendiamide                    cancelled pesticides is at the discretion             sufficiently low that the costs and risks
                                                  products identified in Unit I.A. subject                of the Administrator. Inasmuch as the                 associated with collecting them for
                                                  to cancellation under FIFRA section                     disposition of existing stocks of a                   disposal would be high compared to
                                                  6(e).                                                   cancelled pesticide is at EPA’s                       those associated with the use of the
                                                                                                          discretion, EPA considers it                          cancelled product in accordance with
                                                  IV. EPA’s Existing Stocks                               inappropriate to reward registrants who               its labeling. When containers of
                                                  Determination                                           disregard the terms and conditions of                 flubendiamide have already been
                                                     Existing stocks of cancelled pesticides              registration, like the condition at issue             opened, transporting them can create a
                                                  are those products that were ‘‘released                 here, by allowing any distribution or                 greater risk of spillage. Open containers
                                                  for shipment’’ before the effective date                sale of existing stocks. This is not a case           also create additional burden when sent
                                                  of cancellation. FIFRA sections 6(a)(1)                 where the registrants have made a                     for disposal because proper disposal
                                                  and 6(e) allow the Agency to permit the                 diligent effort to comply with the                    may require that the content be verified,
                                                  continued sale and use of existing                      condition of registration, only to fail               adding additional expense. Because of
                                                  stocks of pesticides that have been                     through circumstances beyond their                    the probable wide dispersal of product
                                                  cancelled, to the extent that the                       control. Rather, they simply refuse to                in user’s hands, notification and
                                                  Administrator determines that such sale                 comply with a condition they earlier                  subsequent supervision of users
                                                  or use would not be inconsistent with                   chose to accept in order to obtain the                imposes significant costs on state and/
                                                  the purposes of this Act. 7 U.S.C.                      registration initially. Their refusal to              or federal authorities. EPA may amend
                                                  136d(a)(1). FIFRA section 6(a)(1)                       comply with the condition will likely                 its position regarding use of existing
                                                  authorizes the Administrator to ‘‘permit                delay the cancellation for a number of                stocks of end-use flubendiamide
                                                  the continued sale and use of existing                  months, during which time they may                    products at hearing if the quantity of
                                                  stocks of a pesticide whose registration                not only continue to sell and distribute              those products in the hands of end users
                                                  is suspended or canceled . . . under                    the previously-produced product that                  increases prior to cancellation. For these
                                                  such conditions, and for such uses as                   should by the terms and conditions of                 reasons, EPA intends to allow existing
                                                  the Administrator determines that such                  registration now be cancelled, but also               stocks of the end-use flubendiamide
                                                  sale or use is not inconsistent with the                to continue to produce, sell and                      products EPA Reg. Nos. 264–1025,
                                                  purposes of this Act.’’                                 distribute additional quantities until                71711–32, and 71711–33, in the hands
                                                     EPA’s policy in regard to the                        cancellation through the FIFRA section                of end users to be used until exhausted.
                                                  disposition of existing stocks of                       6(e) proceeding. For these reasons, and
                                                                                                                                                                V. Scope of Proceeding
                                                  cancelled pesticides appears in a policy                consistent with EPA’s existing stocks
                                                  statement issued in 1991 and amended                    policy, EPA has determined that it                      The scope of a hearing under FIFRA
                                                  in 1996. (56 FR 29362, June 26, 1991                    would not be appropriate to allow any                 section 6(e) is quite narrow; FIFRA
                                                  (FRL–3846–4) and 61 FR 16632, April                     further sale or distribution, by any                  provides that the only matters for
                                                  16, 1996 (FRL–5363–8)). The existing                    person, of existing stocks of the                     resolution at that hearing shall be
                                                  stocks policy indicates that although                   products identified in Unit I.A. after                whether the registrant has initiated and
                                                  registrants who fail to satisfy a general               those registrations are cancelled, except             pursued appropriate action to comply
                                                  condition (i.e., one which requires a                   to the extent that distribution is for                with the condition or conditions within
                                                  registrant to submit required data when                 purposes of returning material back up                the time provided or whether the
                                                  all other registrants of the similar                    the channels of trade, for purposes of                condition or conditions have been
                                                  product are required to do so) would                    disposal, or for purposes of lawful                   satisfied within the time provided, and
                                                  typically be allowed to distribute and                  export.                                               whether the Administrator’s
                                                                                                             EPA has determined that use of                     determination with respect to the
                                                  sell existing stocks of the cancelled
                                                                                                          existing stocks of the technical                      disposition of existing stocks is
                                                  pesticide for one year,
                                                                                                          flubendiamide registration (EPA Reg.                  consistent with FIFRA. The Statute also
                                                     On the other hand, if a registrant of a              No. 71711–26) should be prohibited                    provides that a hearing under FIFRA
                                                  conditional registration fails to comply with           upon the cancellation of that                         section 6(e) shall be held and a
                                                  a specific condition identified at the time the                                                               determination made within seventy-five
                                                  registration was issued, the Agency does not
                                                                                                          registration. Technical products are
                                                  believe it is generally appropriate to allow            used solely for the purpose of                        days after receipt of a request for
                                                  any sale and use of existing stocks if the              manufacturing other pesticide products.               hearing.
                                                  registration is cancelled. Accordingly, the             For the same reason discussed above                     A FIFRA section 6(e) proceeding is
                                                  Agency does not anticipate allowing a                   with respect to sale and distribution of              intended only to address whether
                                                  registrant to sell or distribute existing stocks        cancelled products, EPA believes it                   conditions of registration have been
                                                  of cancelled products that were conditionally           would be inappropriate to allow use of                met, not to assess the merits of
                                                  registered if the registrant fails to                   existing stocks of EPA Reg. No. 71711–                conditions or whether the registrants
                                                  demonstrate compliance with any specific                26 to produce additional flubendiamide                disagree with the conditions of their
                                                  requirements set forth in the conditional               pesticide products unless those                       approved registration. Similarly, the
                                                  registration. 56 FR at 29366–67.                                                                              FIFRA section 6(e) proceeding is limited
                                                                                                          products are clearly designated solely
                                                    The registration condition in the                                                                           to whether the Agency’s existing stocks
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                                                                                                          for lawful export.
                                                  instant case is specific and was                           EPA believes it would be appropriate               determination ‘‘is consistent’’ with
                                                  identified at the time the registration                 to allow continued use of existing stocks             FIFRA, not whether the existing stock
                                                  was issued, so the Agency does not                      of the cancelled end-use flubendiamide                provisions of the NOIC strike an optimal
                                                  intend to allow any sale or distribution                products EPA Reg. Nos. 264–1025,                      balance between the risks and benefits
                                                  of existing stocks.                                     71711–32, and 71711–33, currently held                associated with the distribution, sale
                                                    Neither FIFRA nor any other law                       by end users, provided that such use is               and use of existing stocks of a cancelled
                                                  gives the registrant or anyone else a                   consistent with the previously                        pesticide. FIFRA section 6(e)(2)


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                                                                                  Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices                                                  11561

                                                  provides that where a FIFRA section                     period for requesting a hearing is                      Documents that a party hand delivers
                                                  6(e) cancellation hearing is requested,                 calculated from the date the affected                 or sends using a courier or commercial
                                                  the scope of the hearing and the                        registrant receives the Notice of Intent to           delivery service (such as Federal
                                                  standard of review in regard to the                     Cancel, without regard to the date of                 Express or UPS) must be addressed to
                                                  Administrator’s determination with                      issuance or publication in the Federal                the following OALJ hand delivery
                                                  respect to the disposition of existing                  Register. EPA issued this Notice of                   address: U.S. Environmental Protection
                                                  stocks is limited to whether that                       Intent to Cancel and promptly sent it to              Agency, Office of Administrative Law
                                                  determination is consistent with FIFRA.                 each registrant by certified mail on                  Judges, Ronald Reagan Building, Rm.
                                                    Congress mandated a final decision                    February 29, 2016. Registrants will be                M1200, 1300 Pennsylvania Ave. NW.,
                                                  within seventy-five (75) days, and a                    able to calculate the deadline for their              Washington, DC 20460.
                                                  broader or more complex hearing could                   request based on their receipt of the
                                                                                                                                                                B. The Hearing
                                                  not reasonably be completed in such a                   Notice of Intent to Cancel. In order to
                                                  limited timeframe. Accordingly, the                     assure that any requests for hearing from                If a hearing concerning any product
                                                  only matters for resolution in any                      persons other than the registrants are                affected by this document is requested
                                                  hearing requested regarding this matter                 received in a timely manner, persons                  in a timely and effective manner, the
                                                  shall be whether the registrants satisfied              other than the registrants who wish to                hearing will be governed by the
                                                  the condition of registration requiring                 submit a request for hearing are urged                Agency’s Rules of Practice Governing
                                                  them to submit timely requests for                      to assume that the registrants received               Hearings under FIFRA, 40 CFR part 164,
                                                  voluntary cancellation when notified by                 the Notice of Intent to Cancel on March               and the procedures set forth in Unit VII.
                                                  EPA of its determination that the                       1, 2016, and make sure that a request for             Any interested person may participate
                                                  registrations caused unreasonable                       hearing is received by EPA’s Office of                in the hearing, in accordance with 40
                                                  adverse effects on the environment, and                 Administrative Law Judges on or before                CFR 164.31.
                                                  whether the proposed existing stocks                    March 31, 2016.                                          Documents and transcripts will be
                                                  provision is consistent with FIFRA.                        3. How must a hearing be requested?                available in the Administrative Law
                                                                                                          All persons who request a hearing must                Judges’ Electronic Docket Database
                                                  VI. Timing of Cancellation of                           comply with the Agency’s Rules of                     available at http://yosemite.epa.gov/
                                                  Registration                                            Practice Governing Hearings under                     oarm/alj/alj_web_docket.nsf. The
                                                     The cancellation of registration of                  FIFRA, 40 CFR part 164. Among other                   physical public docket for the hearing is
                                                  each of the specific products identified                requirements, these rules include the                 located at the U.S. Environmental
                                                  in Unit I.A. will be final and effective                following requirements:                               Protection Agency, Office of
                                                  thirty (30) days after the date of receipt                 a. Each hearing request must                       Administrative Law Judges, Ronald
                                                  by the registrant, unless a valid hearing               specifically identify by registration or              Reagan Building, Rm. M1200, 1300
                                                  request is received regarding that                      accession number each individual                      Pennsylvania Ave. NW., Washington,
                                                  specific flubendiamide product.                         pesticide product concerning which a                  DC 20460 and documents can be viewed
                                                     In the event a hearing is held                       hearing is requested, 40 CFR 164.22(a);               from 8:30 a.m. to 4:30 p.m., Monday
                                                  concerning a particular product, the                       b. Each hearing request must be                    through Friday, except federal holidays.
                                                  cancellation of the registration for that               accompanied by a document setting
                                                                                                          forth specific objections which respond               List of Subjects
                                                  product will not become effective
                                                  except pursuant to a final order issued                 to the Agency’s reasons for proposing                   Environmental protection, Pesticides
                                                  by the Environmental Appeals Board or                   cancellation as set forth in this                     and pests, Cancellation.
                                                  (if the matter is referred to the                       document and state the factual basis for                Dated: February 29, 2016.
                                                  Administrator pursuant to 40 CFR                        each such objection, 40 CFR 164.22(a);                Louise P. Wise,
                                                  164.2(g)) the Administrator, or an initial              and                                                   Acting Assistant Administrator, Office of
                                                  decision of the presiding Administrative                   c. Each hearing request must be                    Chemical Safety and Pollution Prevention.
                                                  Law Judge that becomes a final order                    received by the OALJ within the
                                                                                                                                                                [FR Doc. 2016–04905 Filed 3–3–16; 8:45 am]
                                                  pursuant to 40 CFR 164.90(b). Pursuant                  applicable 30-day period (40 CFR
                                                                                                                                                                BILLING CODE 6560–50–P
                                                  to FIFRA section 6(e)(2), such order                    164.5(a)).
                                                  shall issue within seventy-five (75) days                  Failure to comply with any one of
                                                  after receipt of a request for hearing.                 these requirements will invalidate the                ENVIRONMENTAL PROTECTION
                                                                                                          request for a hearing and, in the absence             AGENCY
                                                  VII. Procedural Matters                                 of a valid hearing request, result in final
                                                    This unit explains how eligible                       cancellation of registration for the                  [FRL–9943–37-Region 1]
                                                  persons may request a hearing and the                   product in question by operation of law.
                                                                                                             4. Where does a person submit a                    Proposed Cercla Administrative Cost
                                                  consequences of requesting or failing to
                                                                                                          hearing request? Requests for hearing                 Recovery Settlement: Former Athol
                                                  request such a hearing.
                                                                                                          must be submitted to the OALJ. The                    Rod and Gun Club Superfund Site,
                                                  A. Requesting a Hearing                                 OALJ uses different addresses                         Athol, Massachusetts
                                                    1. Who can request a hearing? A                       depending on the delivery method.                     AGENCY:  Environmental Protection
                                                  registrant or any other person who is                   Please note that mail deliveries to                   Agency (EPA).
                                                  adversely affected by a cancellation as                 federal agencies are screened off-site,               ACTION: Notice of proposed settlement;
                                                  described in this document may request                  and this security procedure can delay                 request for public comments.
                                                                                                          delivery. Documents that a party sends
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                                                  a hearing.
                                                    2. When must a hearing be requested?                  using the U.S. Postal Service must be                 SUMMARY:  Notice is hereby given of a
                                                  A request for a hearing by a registrant                 addressed to the following OALJ                       proposed administrative cost settlement
                                                  or other adversely affected person must                 mailing address: U.S. Environmental                   for recovery of response costs
                                                  be submitted in writing within thirty                   Protection Agency, Office of                          concerning the Former Athol Rod and
                                                  (30) days after the date of the registrant’s            Administrative Law Judges, Mail Code                  Gun Club Superfund Site, located in
                                                  receipt of the Notice of Intent to Cancel.              1900R, 1200 Pennsylvania Avenue NW.,                  Athol, Worcester County, Massachusetts
                                                  Under FIFRA section 6(e), the time                      Washington, DC 20460.                                 with the Settling Party the Town of


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Document Created: 2018-02-02 15:05:44
Document Modified: 2018-02-02 15:05:44
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.
DatesUnder FIFRA section 6(e), affected registrants and other adversely affected persons must request a hearing within 30 days from the date that the affected registrant received EPA's Notice of Intent to Cancel. Please see Unit VII.A.2. for specific instructions.
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 11558 

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