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[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10520-10522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3930]

[[Page 10520]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0848; FRL-9336-1]

Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to section 6(f)(2) of the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA), EPA is printing this Notice of 
Intent to Suspend Drexel Basic Copper Sulfate Technical. This notice is 
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 the pesticide active ingredient, Copper 
Compounds, 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 
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 on 
March 23, 2012 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: Veronica Dutch, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8585; email 
address: dutch.veronica@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-2010-0848. 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 Products
----------------------------------------------------------------------------------------------------------------
                                                         EPA
      Registrant affected       Active ingredient   Registration      Product name     Date EPA issued notice of
                                                         No.                               intent to suspend
----------------------------------------------------------------------------------------------------------------
Drexel Chemical Company.......  Copper Compounds.        19713-72  Drexel Basic       February 8, 2012.
                                                                    Copper Sulfate
                                                                    Technical.
----------------------------------------------------------------------------------------------------------------

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 listed in 
Table 2 of this unit.

                                          Table 2--List of Requirements
----------------------------------------------------------------------------------------------------------------
                     Guideline
                      No. as                                             Date                       Reason for
EPA  Registration    listed in     Requirement name      Date EPA     registrant    Final data      notice of
       No.          applicable                          issued DCI   received DCI    due date       intent to
                        DCI                                                                          suspend
----------------------------------------------------------------------------------------------------------------
19713-72.........      830.1550  Product identity and    12/14/2007    12/24/2007     8/20/2008  No data
                                  composition.                                                    received.
19713-72.........      830.1600  Description of          12/14/2007    12/24/2007     8/20/2008  No data
                                  materials used to                                               received.
                                  produce the product.
19713-72.........      830.1620  Description of          12/14/2007    12/24/2007     8/20/2008  No data
                                  production process.                                             received.
19713-72.........      830.1650  Description of          12/14/2007    12/24/2007     8/20/2008  No data
                                  formulation process.                                            received.
19713-72.........      830.1670  Discussion of           12/14/2007    12/24/2007     8/20/2008  No data
                                  formation of                                                    received.
                                  impurities.
19713-72.........      830.1700  Preliminary analysis    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.

[[Page 10521]]

 
19713-72.........      830.1750  Certified limits....    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.1800  Enforcement             12/14/2007    12/24/2007     8/20/2008  No data
                                  analytical method.                                              received.
19713-72.........      830.6302  Color...............    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.6303  Physical state......    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.6304  Odor................    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.6313  Stability to normal     12/14/2007    12/24/2007     8/20/2008  No data
                                  and elevated                                                    received.
                                  temperatures,
                                  metals, and metal
                                  ions.
19713-72.........      830.6314  Oxidizing or            12/14/2007    12/24/2007     8/20/2008  No data
                                  reducing action.                                                received.
19713-72.........      830.6315  Flammability........    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.6316  Explodability.......    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.6317  Storage stability...    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.6319  Miscibility.........    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.6320  Corrosion               12/14/2007    12/24/2007     8/20/2008  No data
                                  characteristics.                                                received.
19713-72.........      830.6321  Dielectric breakdown    12/14/2007    12/24/2007     8/20/2008  No data
                                  voltage.                                                        received.
19713-72.........      830.7000  pH..................    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.7050  UV/Visible              12/14/2007    12/24/2007     8/20/2008  No data
                                  absorption.                                                     received.
19713-72.........      830.7100  Viscosity...........    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      830.7200  Melting point/          12/14/2007    12/24/2007     8/20/2008  No data
                                  melting range.                                                  received.
19713-72.........      830.7220  Boiling point/          12/14/2007    12/24/2007     8/20/2008  No data
                                  Boiling range.                                                  received.
19713-72.........      830.7300  Density/relative        12/14/2007    12/24/2007     8/20/2008  No data
                                  density.                                                        received.
19713-72.........      830.7370  Dissociation            12/14/2007    12/24/2007     8/20/2008  No data
                                  constants in water.                                             received.
19713-72.........      830.7550  Partition               12/14/2007    12/24/2007     8/20/2008  No data
                                  coefficient (n-                                                 received.
                                  octanol/water)
                                  shake flask method.
19713-72.........      830.7570  Partition               12/14/2007    12/24/2007     8/20/2008  No data
                                  coefficient (n-                                                 received.
                                  octanol/water),
                                  estimation by
                                  liquid
                                  chromatography.
19713-72.........      830.7840  Water solubility:       12/14/2007    12/24/2007     8/20/2008  No data
                                  Column elution                                                  received.
                                  method, shake flask
                                  method.
19713-72.........      830.7860  Water solubility,       12/14/2007    12/24/2007     8/20/2008  No data
                                  generator column                                                received.
                                  method.
19713-72.........      830.7950  Vapor pressure......    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      870.1100  Acute Oral Toxicity.    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      870.1200  Acute dermal            12/14/2007    12/24/2007     8/20/2008  No data
                                  toxicity.                                                       received.
19713-72.........      870.1300  Acute inhalation        12/14/2007    12/24/2007     8/20/2008  No data
                                  toxicity.                                                       received.
19713-72.........      870.2400  Acute eye irritation    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
19713-72.........      870.2500  Acute dermal            12/14/2007    12/24/2007     8/20/2008  No data
                                  irritation.                                                     received.
19713-72.........      870.2600  Skin sensitization..    12/14/2007    12/24/2007     8/20/2008  No data
                                                                                                  received.
----------------------------------------------------------------------------------------------------------------

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 notice in the Federal Register 
(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 legal argument 
concerning other issues, including but not limited to the Agency's 
original decision to require the submission of data or other 
information, the need for or utility of any of the required data or 
other information or deadlines imposed, any allegations of errors or 
unfairness in any proceedings before an arbitrator, and the risks and 
benefits associated with continued registration of the affected 
product, may be considered in the proceeding. The Administrative Law 
Judge shall by order dismiss any objections which have no bearing on 
the allowable issues which may be considered in the proceeding. Section 
3(c)(2)(B)(iv) of FIFRA provides that any hearing must be held and a 
determination issued within 75 days after receipt of a hearing request. 
This 75-day period may not be extended unless all parties in the 
proceeding stipulate to such an extension. If a hearing is properly 
requested, the Agency will issue a final order at the conclusion of the 
hearing governing the suspension of your product. A request for a 
hearing pursuant to this notice must:
     Include specific objections which pertain to the allowable 
issues which may be heard at the hearing.
     Identify the registrations for which a hearing is 
requested.
     Set forth all necessary supporting facts pertaining to any 
of the objections which you have identified in your request for a 
hearing.
    If a hearing is requested by any person other than the registrant, 
that person must also state specifically why he/she asserts that he/she 
would be adversely affected by the suspension action described in this 
notice. Three copies of the request must be submitted to: Hearing 
Clerk, 1900, Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460-0001. An additional copy should be sent to 
the person who signed this notice. The request must be received by the 
Hearing Clerk by the applicable 30th day deadline as measured from your 
receipt of the Notice of Intent to

[[Page 10522]]

Suspend by mail or publication of this notice, as set forth in the 
DATES section 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 30th day deadline as measured from your receipt of 
the Notice of Intent to Suspend by mail or publication of this notice 
in the Federal Register, as set forth in the DATES section 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 in the Federal 
Register, as set forth in the DATES section 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 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 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: February 10, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2012-3930 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P
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