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[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]               
[Page 34111-34114]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-55]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0443; FRL-8827-6]

 
Notice of Intent to Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice, pursuant to section 6(f)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), publishes a Notice 
of Intent to Suspend issued by EPA pursuant to section 3(c)(2)(B) of 
FIFRA. The Notice of Intent to Suspend was issued following the 
Agency's issuance of a Data Call-In notice (DCI), which required the 
registrant of the affected pesticide product containing a certain 
pesticide active ingredient to take appropriate steps to secure certain 
data, and following the registrant failure to submit these data or to 
take other

[[Page 34112]]

appropriate steps to secure the required data. The subject data were 
determined to be required to maintain in effect the existing 
registration of the affected product. Failure to comply with the data 
requirements of a DCI is a basis for suspension of the affected 
registration under section 3(c)(2)(B) of FIFRA.

DATES: The Notice of Intent to Suspend included in this Federal 
Register notice will become a final and effective suspension order 
automatically by operation of law 30 days after the date of the 
registrant's receipt of the mailed Notice of Intent to Suspend or 30 
days after the date of publication of this notice in the Federal 
Register (if the mailed Notice of Intent to Suspend is returned to the 
Administrator as undeliverable, if delivery is refused, or if the 
Administrator otherwise is unable to accomplish delivery to the 
registrant after making reasonable efforts to do so), unless during 
that time a timely and adequate request for a hearing is made by a 
person adversely affected by the Notice of Intent to Suspend or the 
registrant has satisfied the Administrator that the registrant has 
complied fully with the requirements that served as a basis for the 
Notice of Intent to Suspend. Unit IV. explains what must be done to 
avoid suspension under this notice (i.e., how to request a hearing or 
how to comply fully with the requirements that served as a basis for 
the Notice of Intent to Suspend).

FOR FURTHER INFORMATION CONTACT: Terria Northern, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-7093; e-mail 
address: northern.terria@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, farm worker and agricultural advocates; the chemical industry; 
pesticide users; and members of the public interested in the sale, 
distribution, or use of pesticides. Since others also may be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0443. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. Registrant Issued Notice of Intent to Suspend Active Ingredient, 
Product Affected, and Date Issued

    The Notice of Intent to Suspend was sent via the U.S. Postal 
Service (USPS) return receipt requested to the registrant for the 
product listed in Table 1 of this unit.

                                           Table 1. -- List of Product
----------------------------------------------------------------------------------------------------------------
                                                                                                Date EPA Issued
       Registrant Affected         Active Ingredient   EPA Registration      Product Name      Notice of Intent
                                                            Number                                to Suspend
----------------------------------------------------------------------------------------------------------------
Thor GmbH                         1,2-                67071-52            Acticide MBL 5505   May 10, 2010
                                   Benzisothiazolin-
                                   3-one (BIT)
----------------------------------------------------------------------------------------------------------------

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

    The registrant failed to submit the required data or information or 
to take other appropriate steps to secure the required data for their 
pesticide product listed in Table 2 of this unit.

                                                            Table 2. -- List of Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Guideline Number                                                                                    Reason for Notice
     EPA Registration Number         as Listed in      Requirement Name     Date EPA Issued     Date Registrant     Final Data Due       of Intent to
                                    Applicable DCI                                DCI            Received DCI            Date               Suspend
--------------------------------------------------------------------------------------------------------------------------------------------------------
67071-52                          830.6317            Storage Stability   March 3, 2008       March 2008          December 8, 2008    No data received
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  830.6320            Corrosion
                                                       Characteristics
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. How to Avoid Suspension Under this Notice?

    1. You may avoid suspension under this notice if you or another 
person adversely affected by this notice properly request a hearing 
within 30 days of your receipt of the Notice of Intent to Suspend by 
mail or, if you did not receive the notice that was sent to you via 
USPS first class mail, return receipt requested, then within 30 days 
from the date of publication of this Federal Register notice (see 
DATES). If you request a hearing, it will be conducted in accordance 
with the requirements of section 6(d) of FIFRA and the Agency's 
procedural regulations in 40 CFR part 164. Section 3(c)(2)(B) of FIFRA, 
however, provides that the only allowable issues which may be addressed 
at the hearing are whether you have failed to take the actions which 
are the bases of this notice and whether the Agency's decision 
regarding the disposition of existing stocks is consistent with FIFRA. 
Therefore, no substantive allegation or

[[Page 34113]]

legal argument concerning other issues, including but not limited to 
the Agency's original decision to require the submission of data or 
other information, the need for or utility of any of the required data 
or other information or deadlines imposed, any allegations of errors or 
unfairness in any proceedings before an arbitrator, and the risks and 
benefits associated with continued registration of the affected 
product, may be considered in the proceeding. The Administrative Law 
Judge shall by order dismiss any objections which have no bearing on 
the allowable issues which may be considered in the proceeding. Section 
3(c)(2)(B)(iv) of FIFRA provides that any hearing must be held and a 
determination issued within 75 days after receipt of a hearing request. 
This 75-day period may not be extended unless all parties in the 
proceeding stipulate to such an extension. If a hearing is properly 
requested, the Agency will issue a final order at the conclusion of the 
hearing governing the suspension of your product. A request for a 
hearing pursuant to this notice must:
     Include specific objections which pertain to the allowable 
issues which may be heard at the hearing.
     Identify the registrations for which a hearing is 
requested.
     Set forth all necessary supporting facts pertaining to any 
of the objections which you have identified in your request for a 
hearing.
If a hearing is requested by any person other than the registrant, that 
person must also state specifically why he/she asserts that he/she 
would be adversely affected by the suspension action described in this 
notice. Three copies of the request must be submitted to:
    Hearing Clerk, 1900, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW.,Washington, DC 20460-0001.
    An additional copy should be sent to the person who signed this 
notice. The request must be received by the Hearing Clerk by the 
applicable 30\th\ day deadline as measured from your receipt of the 
Notice of Intent to Suspend by mail or publication of this notice, as 
set forth in DATES and in Unit IV.1., in order to be legally effective. 
The 30-day time limit is established by FIFRA and cannot be extended 
for any reason. Failure to meet the 30-day time limit will result in 
automatic suspension of your registration by operation of law and, 
under such circumstances, the suspension of the registration for your 
affected product will be final and effective at the close of business 
on the applicable 30\th\ day deadline as measured from the date of the 
Notice of Intent to Suspend by mail or publication of this notice in 
the Federal Register, as set forth in DATES and in Unit IV.1., and will 
not be subject to further administrative review. The Agency's rules of 
practice at 40 CFR 164.7 forbid anyone who may take part in deciding 
this case, at any stage of the proceeding, from discussing the merits 
of the proceeding ex parte with any party or with any person who has 
been connected with the preparation or presentation of the proceeding 
as an advocate or in any investigative or expert capacity, or with any 
of their representatives. Accordingly, the following EPA offices, and 
the staffs thereof, are designated as judicial staff to perform the 
judicial function of EPA in any administrative hearings on this Notice 
of Intent to Suspend: The Office of the Administrative Law Judges, the 
Office of the Environmental Appeals Board, the Administrator, the 
Deputy Administrator, and the members of the staff in the immediate 
offices of the Administrator and Deputy Administrator. None of the 
persons designated as the judicial staff shall have any ex parte 
communication with trial staff or any other interested person not 
employed by EPA on the merits of any of the issues involved in this 
proceeding, without fully complying with the applicable regulations.
    2. You may also avoid suspension if, within the applicable 30-day 
deadline period as measured from your receipt of the Notice of Intent 
to Suspend by mail or publication of this notice, as set forth in DATES 
and in Unit IV.1., the Agency determines that you have taken 
appropriate steps to comply with the FIFRA section 3(c)(2)(B) Data 
Call-In notice. In order to avoid suspension under this option, you 
must satisfactorily comply with Table 2. -- List of Requirements in 
Unit II., for each product by submitting all required supporting data/
information described in Table 2. of Unit. II. and in the Explanatory 
Appendix (in the docket for this Federal Register notice) to the 
following address (preferably by certified mail):
    Office of Pesticide Programs, Pesticide Re-evaluation Division, 
Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW.,Washington, DC 20460-0001.
For you to avoid automatic suspension under this notice, the Agency 
must also determine within the applicable 30-day deadline period that 
you have satisfied the requirements that are the bases of this notice 
and so notify you in writing. You should submit the necessary data/
information as quickly as possible for there to be any chance the 
Agency will be able to make the necessary determination in time to 
avoid suspension of your product. The suspension of the registration of 
your company's product pursuant to this notice will be rescinded when 
the Agency determines you have complied fully with the requirements 
which were the bases of this notice. Such compliance may only be 
achieved by submission of the data/information described in Table 2 of 
Unit II.

V. Status of Products that Become Suspended

    Your product will remain suspended, however, until the Agency 
determines you are in compliance with the requirements which are the 
bases of this notice and so informs you in writing.
    After the suspension becomes final and effective, the registrant 
subject to this notice, including all supplemental registrants of the 
product listed in Table 1 of Unit II., may not legally distribute, 
sell, use, offer for sale, hold for sale, ship, deliver for shipment, 
or receive and (having so received) deliver or offer to deliver, to any 
person, the product listed in Table 1 of Unit II. Persons other than 
the registrant subject to this notice, as defined in the preceding 
sentence, may continue to distribute, sell, use, offer for sale, hold 
for sale, ship, deliver for shipment, or receive and (having so 
received) deliver or offer to deliver, to any person, the product 
listed in Table 1 of Unit II. Nothing in this notice authorizes any 
person to distribute, sell, use, offer for sale, hold for sale, ship, 
deliver for shipment, or receive and (having so received) deliver or 
offer to deliver, to any person, the product listed in Table 1 of Unit 
II. in any manner which would have been unlawful prior to the 
suspension.
    If the registration for your product listed in Table 1 of Unit II. 
is currently suspended as a result of failure to comply with another 
FIFRA section 3(c)(2)(B) Data Call-In notice or Section 4 Data 
Requirements notice, this notice, when it becomes a final and effective 
order of suspension, will be in addition to any existing suspension, 
i.e., all requirements which are the bases of the suspension must be 
satisfied before the registration will be reinstated.
    It is the responsibility of the basic registrant to notify all 
supplementary registered distributors of a basic registered product 
that this suspension action also applies to their supplementary 
registered products. The basic registrant may be held liable for 
violations committed by their distributors.
    Any questions about the requirements and procedures set forth in 
this notice or in the subject FIFRA section 3(c)(2)(B) Data Call-In 
notice, should be

[[Page 34114]]

addressed to the person listed under FOR FURTHER INFORMATION CONTACT.

VI. What is the Agency's Authority for Taking this Action?

    The Agency's authority for taking this action is contained in 
sections 3(c)(2)(B) and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 3, 2010.
 Richards P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-14331 Filed 6-15-10; 8:45 am]
BILLING CODE 6560-50-S
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