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

Department of Energy’s National 

Nuclear Security Administration’s 

FSEIS #20160047, filed with EPA on 

02/24/2016. TVA is a cooperating 

agency for the project. Therefore, 

recirculation of the document is not 

necessary under Section 1306.3(c) of 

the CEQ Regulations. 

Amended Notices 

EIS No. 20150343, Draft, NPS, AZ, 

Backcountry Management Plan Grand 

Canyon National Park, Comment 

Period Ends: 04/04/2016, Contact: 

Rachel Bennett 928–638–7326. 

Revision to FR Notice Published 12/ 

11/2015; Extending Comment Period 

from 03/04/2016 to 04/04/2016. 

EIS No. 20160028, Final, FHWA, WI, I– 

94 East-West Corridor (70th St–16th 

St), Review Period Ends: 04/15/2016, 

Contact: Michael Davies 608–829– 

7500. Revision to FR Notice Published 

02/12/2016; Extending Comment 

Period from 03/14/2016 to 04/15/ 

2016. 

Dated: March 1, 2016. 

Dawn Roberts, 

Management Analyst, NEPA Compliance 

Division, Office of Federal Activities. 

[FR Doc. 2016–04833 Filed 3–3–16; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

RDFRNotices@epa.gov. 

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 


jstallworth on DSK7TPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 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 timelimited/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 


jstallworth on DSK7TPTVN1PROD with NOTICES
11560 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 

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) 


jstallworth on DSK7TPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9943–37-Region 1] 

Proposed Cercla Administrative Cost 

Recovery Settlement: Former Athol 

Rod and Gun Club Superfund Site, 

Athol, Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed settlement; 

request for public comments. 

SUMMARY: Notice is hereby given of a 

proposed administrative cost settlement 

for recovery of response costs 

concerning the Former Athol Rod and 

Gun Club Superfund Site, located in 

Athol, Worcester County, Massachusetts 

with the Settling Party the Town of 


jstallworth on DSK7TPTVN1PROD with NOTICES