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[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49308-49310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19780]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0219; FRL-9914-15]

Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice, pursuant the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA), publishes a Notice of Intent to Suspend 
(NOITS) certain pesticide registrations issued by EPA. The NOITS was 
issued following the Agency's issuance of a Data Call-In Notice (DCI), 
which required the registrant of the affected pesticide products 
containing a certain pesticide active ingredient to take appropriate 
steps to secure certain data, and following the registrant's failure to 
submit these data or to take other appropriate steps to secure the 
required data. The subject data were determined to be required to 
maintain in effect the existing registrations of the affected products. 
Failure to comply with the data requirements of a DCI is a basis for 
suspension of the affected registrations under FIFRA.

DATES: The NOITS 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 NOITS 
or, if the mailed NOITS is returned to the EPA Administrator as 
undeliverable, if delivery is refused, or if the EPA Administrator 
otherwise is unable to accomplish delivery to the registrant after 
making reasonable efforts to do so, the NOITS becomes effective 30 days 
after the date of publication of this notice in the Federal Register, 
unless, during that time, a timely and adequate request for a hearing 
is made by a person adversely affected by the NOITS, or the registrant 
has satisfied the EPA Administrator that the registrant has complied 
fully with the requirements that served as a basis for the NOITS.\1\ 
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 NOITS).
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    \1\ The NOITS was received by Repar Corporation on or before May 
19, 2014, as evidenced by a USPS Return Receipt Card. Based on that 
receipt date, the 30-day deadline for Repar making a timely hearing 
request was June 18, 2014. The deadline passed without Repar filing 
a hearing request in response to the NOITS. As a result, Repar's 
affected product registrations were suspended by operation of law.

FOR FURTHER INFORMATION CONTACT: Khue Nguyen, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 347-0248; email address: 
_____________________________________-
nguyen.khue@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.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0219, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

II. Registrant Issued Notice of Intent To Suspend, Active Ingredient, 
Products Affected, and Date Issued

    The registrant and products subject to this NOITS are listed in 
Table 1. A NOITS was sent to each registrant of the affected products 
via the U.S. Postal Service (USPS), first class mail, return receipt 
requested. The NOITS was received by Repar Corporation on or before May 
19, 2014, as evidenced by a USPS Return Receipt Card. Based on

[[Page 49309]]

that receipt date, the 30-day deadline for Repar making a timely 
hearing request was June 18, 2014. The June 18, 2014 deadline passed 
without Repar filing a hearing request in response to the NOITS. As a 
result, Repar's affected product registrations were suspended by 
operation of law.

                         Table 1--List of Registrants and Products Subject to Suspension
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                                                                                                     Date EPA
                                                              EPA                                  Issued notice
       Registrant affected          Active ingredient    Registration         Product name         of intent to
                                                              No.                                     suspend
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Repar Corporation................  Pendimethalin......        69361-29  Pendimethalin Weed and            5/9/14
                                                                         Feed.
Repar Corporation................  Pendimethalin......        69361-30  Pendimethalin Technical.          5/9/14
Repar Corporation................  Pendimethalin......        69361-31  Pendimethalin 3.3 EC              5/9/14
                                                                         Herbicide.
Repar Corporation................  Pendimethalin......        69361-32  Pendimethalin H2O                 5/9/14
                                                                         Herbicide.
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III. Basis for Issuance of Notice of Intent To Suspend; Requirement 
List

    The registrant failed to submit the data or information required by 
the Data-Call In Notice, or to take other appropriate steps to secure 
the required data for their pesticide products listed in Table 2 of 
this unit.

                                                              Table 2--List of Requirements
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                                                                                                                       Date                   Reason for
                                         Guideline numbers as listed                                    Date EPA    registrant   Final data   notice of
       EPA Registration numbers               in applicable DCI               Requirement name         issued DCI    received     due date    intent to
                                                                                                                       DCI                     suspend
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69361-29, 69361-30, 69361-31, and       835.4100.....................  Aerobic soil metabolism......      5/31/13      5/31/13      5/31/15        (\1\)
 69361-32.
                                       --------------------------------------------------------------
                                        835.6100.....................  Terrestrial field dissipation
                                       --------------------------------------------------------------
                                        835.6200.....................  Aquatic field dissipation....
                                       --------------------------------------------------------------
                                        850.1350.....................  Mysid chronic toxicity.......
                                       --------------------------------------------------------------
                                        850.1400.....................  Fish early-life stage
                                                                        toxicity.
                                       --------------------------------------------------------------
                                        850.2100.....................  Avian acute oral toxicity....
                                       --------------------------------------------------------------
                                        850.4100.....................  Terrestrial plant toxicity
                                                                        (seedling emergence).
                                       --------------------------------------------------------------
                                        850.4150.....................  Terrestrial plant toxicity
                                                                        (vegetative vigor).
                                       --------------------------------------------------------------
                                        Non-guideline................  Whole sediment: chronic
                                                                        invertebrates (freshwater
                                                                        and marine).
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\1\ Inadequate 90-day response received.

IV. How to avoid suspension under this notice?\2\

    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 NOITS by mail or, if you did not 
receive the notice that was sent to you via USPS first class mail 
return receipt requested, then within 30 days from the date of 
publication of this Federal Register notice (see DATES). If you request 
a hearing, it will be conducted in accordance with the requirements of 
FIFRA section 6(d) 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 legal argument concerning other issues, including but not 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 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 
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 products. A request

[[Page 49310]]

for a hearing pursuant to this notice must:
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    \2\ See footnote 1.
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     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-day deadline as measured from your receipt of the NOITS 
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(s) by operation of law and, under such circumstances, the 
suspension of the registration for your affected products will be final 
and effective at the close of business on the applicable 30-day 
deadline as measured from your receipt of the NOITS by mail or 
publication of this notice, as set forth in DATES and in Unit IV.1., 
and will not be subject to further administrative review. The Agency's 
rules of practice at 40 CFR 164.7 forbid anyone who may take part in 
deciding this case, at any stage of the proceeding, from discussing the 
merits of the proceeding ex parte with any party or with any person who 
has been connected with the preparation or presentation of the 
proceeding as an advocate or in any investigative or expert capacity, 
or with any of their representatives. Accordingly, the following EPA 
offices, and the staffs thereof, are designated as judicial staff to 
perform the judicial function of EPA in any administrative hearings on 
this NOITS: The Office of the Administrative Law Judges, the Office of 
the Environmental Appeals Board, the EPA Administrator, the EPA Deputy 
Administrator, and the members of the staff in the immediate offices of 
the EPA Administrator and EPA Deputy Administrator. None of the persons 
designated as the judicial staff shall have any ex parte communication 
with trial staff or any other interested person not employed by EPA on 
the merits of any of the issues involved in this proceeding, without 
fully complying with the applicable regulations.
    2. You may also avoid suspension if, within the applicable 30-day 
deadline period as measured from your receipt of the NOITS by mail or 
publication of this notice, as set forth in DATES and in Unit IV.1., 
the Agency determines that you have taken appropriate steps to comply 
with the FIFRA section 3(c)(2)(B) DCI notice. In order to avoid 
suspension under this option, you must satisfactorily comply with Table 
2.--List of Requirements in Unit II., for each product by submitting 
all required supporting data/information described in Table 2 of Unit. 
II. and in the Explanatory Appendix (in the docket for this Federal 
Register notice) to the following address (preferably by certified 
mail): Office of Pesticide Programs, Pesticide Re-evaluation Division, 
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 products. The suspension of the registrations 
of your company's products 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 products will remain suspended, however, until the Agency 
determines you are in compliance with the requirements which are the 
bases of this notice and so informs you in writing.
    After the suspension becomes final and effective, the registrant 
subject to this notice, including all supplemental registrants of 
products listed in Table 1 of Unit II., may not legally distribute, 
sell, use, offer for sale, hold for sale, ship, deliver for shipment, 
or receive and (having so received) deliver or offer to deliver, to any 
person, the products listed in Table 1 of Unit II. Persons other than 
the registrant subject to this notice, as defined in the preceding 
sentence, may continue to distribute, sell, use, offer for sale, hold 
for sale, ship, deliver for shipment, or receive and (having so 
received) deliver or offer to deliver, to any person, the products 
listed in Table 1 of Unit II. Nothing in this notice authorizes any 
person to distribute, sell, use, offer for sale, hold for sale, ship, 
deliver for shipment, or receive and (having so received) deliver or 
offer to deliver, to any person, the products listed in Table 1 of Unit 
II. in any manner which would have been unlawful prior to the 
suspension.
    If the registrations for your products, listed in Table 1 of Unit 
II., are currently suspended as a result of failure to comply with 
another FIFRA section 3(c)(2)(B) DCI notice or Section 4 Data 
Requirements notice, this notice, when it becomes a final and effective 
order of suspension, will be in addition to any existing suspension, 
i.e., all requirements which are the bases of the suspension must be 
satisfied before the registration will be reinstated.
    It is the responsibility of the basic registrant to notify all 
supplementary registered distributors of a basic registered product 
that this suspension action also applies to their supplementary 
registered products. The basic registrant may be held liable for 
violations committed by their distributors.
    Any questions about the requirements and procedures set forth in 
this notice or in the subject FIFRA section 3(c)(2)(B) DCI notice, 
should be addressed to the person listed under FOR FURTHER INFORMATION 
CONTACT.

VI. What is the Agency's authority for taking this action?

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

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 6, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2014-19780 Filed 8-19-14; 8:45 am]
BILLING CODE 6560-50-P
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