58546 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

pursuant to sections 4(g)(2)(B) and

3(c)(2)(B) of FIFRA which required the

registrants of the products containing 2-

benzyl-4-chlorophenol used as the

active ingredient to develop and submit

certain data. These data/information

were determined to be necessary to

satisfy reregistration data requirements

of section 4(g). Failure to comply with

the requirements of a Phase 5

Reregistration Eligibility Document Data

Call-In-Notice is a basis for suspension

under section 3(c)(2)(B) of FIFRA. You

received this notice on November 18,

1996, as evidenced by the U.S. Postal

Service return receipt.

The Agency received on February 21,

1997, the 90-day response to the 2-

Benzyl-4-chlorophenol Data Call-In for

EPA Registration Number 63163–1. The

response which included the

‘‘Requirements Status and Registrant’s

Response’’ form dated February 12,

1997, indicated KC Laboratories’

commitment to generate and submit all

product chemistry, acute toxicity and

efficacy data required by the 2-benzyl4-chlorophenol, RED, Product Specific

Data Call-In Notice by dates required by

the Notice.

The 8–month response including all

the required data set forth in the 2-

Benzyl-4-chlorophenol Data Call-In was

required to be submitted to the Agency

by July 13, 1997. In an Agency letter

dated April 27, 1999, KC Laboratories

was given 30 days from its receipt of the

letter to submit the 8–month response

and required data. KC Laboratories

received this letter on May 3, 1999, as

evidenced by the U.S. Postal Service

return receipt. To date, the Agency has

not received the product specific data

(8–month response).

To date October 1, 1999, the Agency

has not received the required 8–month

response. Based on the 1996 2-Benzyl4-chlorophenol Data Call-In, KC

Laboratories is not in compliance;

therefore, the Agency is issuing this

Notice of Intent to Suspend.

VI. Conclusions

EPA has issued Notices of Intent to

Suspend on the dates indicated. Any

further information regarding these

Notices may be obtained from the

contact person noted above.

List of Subjects

Environmental protection.

Dated: September 18, 2000.

Richard Colbert,

Director, Agriculture and Ecosystems

Division, Office of Compliance.

[FR Doc. 00–24782 Filed 9–28–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–60055; FRL–6743–8]

Intent to Suspend Certain Pesticide

Registrations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of issuance of Notices of

Intent to Suspend.

SUMMARY: This Notice, pursuant to

section 6(f)(2) of the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq., announces

that EPA has issued Notices of Intent to

Suspend pursuant to sections 3(c)(2)(B)

and 4 of FIFRA. The Notices were

issued following issuance of Section 4

Reregistration Requirements Notices by

the Agency and the failure of registrants

subject to the Section 4 Reregistration

Requirements Notices to take

appropriate steps to secure the data

required to be submitted to the Agency.

This Notice includes the text of a Notice

of Intent to Suspend, absent specific

chemical, product, or factual

information. Table A of this Notice

further identifies the registrants to

whom the Notices of Intent to Suspend

were issued, the date each Notice of

Intent to Suspend was issued, the active

ingredient(s) involved, and the EPA

registration numbers and names of the

registered product(s) which are affected

by the Notices of Intent to Suspend.

Moreover, Table B of this Notice

identifies the basis upon which the

Notices of Intent to Suspend were

issued. Finally, matters pertaining to the

timing of requests for hearing are

specified in the Notices of Intent to

Suspend and are governed by the

deadlines specified in section 3(c)(2)(B).

As required by section 6(f)(2), the

Notices of Intent to Suspend were sent

by certified mail, return receipt

requested, to each affected registrant at

its address of record.

FOR FURTHER INFORMATION CONTACT:

Harold Day, Office of Compliance

(2225A), Agriculture and Ecosystem

Division, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460, (202) 564–4133.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me

This action is directed to the public

in general. Although this action may be

of particular interest to persons who

produce or use pesticides, 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.

II. Text of a Notice of Intent to Suspend

The text of a Notice of Intent to

Suspend, absent specific chemical,

product, or factual information, follows:

United States Environmental Protection

Agency

Office of Prevention, Pesticides and Toxic

Substances

Washington, DC 20460

Certified Mail

Return Receipt Requested

SUBJECT: Suspension of Registration of

Pesticide Product(s) Containing Dichlobenil

for Failure to Comply with the Dichlobenil

Section 4 Phase 5 Reregistration Eligibility

Document Data Call-In Notice Dated October

1998

Dear Sir/Madam:

This letter gives you notice that the

pesticide product registrations listed in

Attachment I will be suspended 30 days

from your receipt of this letter unless

you take steps within that time to

prevent this Notice from automatically

becoming a final and effective order of

suspension. The Agency’s authority for

suspending the registrations of your

products is section 3(c)(2)(B) of the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA). Upon

becoming a final and effective order of

suspension, any violation of the order

will be an unlawful act under section

12(a)(2)(J) of FIFRA.

You are receiving this Notice of Intent

to Suspend because you have failed to

comply with the terms of the Phase 5

Reregistration Eligibility Document Data

Call-In Notice imposed pursuant to

section 4(g)(2)(b) and section (3)(2)(B) of

FIFRA.

The specific basis for issuance of this

Notice is stated in the Explanatory

Appendix (Attachment III) to this

Notice. The affected products and the

requirements which you failed to satisfy

are listed and described in the following

three attachments:

Attachment I Suspension Report—

Product List

Attachment II Suspension Report—

Requirement List

Attachment III Suspension Report—

Explanatory Appendix

The suspension of the registration of

each product listed in Attachment I will

become final unless at least one of the

following actions is completed.

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 this Notice. If

you request a hearing, it will be

conducted in accordance with the

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58547

requirements of section 6(d) of FIFRA

and the Agency’s procedural regulations

in 40 CFR part 164.

Section 3(c)(2)(B), 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, 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

products.

A request for a hearing pursuant to

this Notice must (1) include specific

objections which pertain to the

allowable issues which may be heard at

the hearing, (2) identify the registrations

for which a hearing is requested, and (3)

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 asserts that he

would be adversely affected by the

suspension action described in this

Notice. Three copies of the request must

be submitted to: Hearing Clerk, 1900,

U.S. Environmental Protection Agency,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460, and an

additional copy should be sent to the

signatory listed below. The request must

be received by the Hearing Clerk by the

30th day from your receipt of this

Notice 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 product(s)

will be final and effective at the close of

business 30 days after your receipt of

this Notice 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 Judicial Officer, 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 30 days of your receipt of this

Notice, the Agency determines that you

have taken appropriate steps to comply

with the Section 4 Phase 5

Reregistration Eligibility Document Data

Call-In Notice requirements. In order to

avoid suspension under this option, you

must satisfactorily comply with

Attachment II, Requirement List, for

each product by submitting all required

supporting data/information described

in Attachment II and in the Explanatory

Appendix (Attachment III) to the

following address (preferably by

certified mail):

Office of Compliance (2225A),

Agriculture and Ecosystems Division,

U.S. Environmental Protection Agency,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

For you to avoid automatic

suspension under this Notice, the

Agency must also determine within the

applicable 30–day 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(s).

The suspension of the registration(s)

of your company’s product(s) 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 the attachments to the

signatory below.

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 product(s) listed in

Attachment I, 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(s)

listed in Attachment I.

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(s) listed in Attachment I.

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(s) listed in

Attachment I in any manner which

would have been unlawful prior to the

suspension.

If the registrations of your products

listed in Attachment I are currently

suspended as a result of failure to

comply with another Section 4 Data

Requirements Notice or Section

3(c)(2)(B) Data Call-In 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.

You are reminded that it is your

responsibility as the basic registrant to

notify all supplementary registered

distributors of your basic registered

product that this suspension action also

applies to their supplementary

registered products and that you may be

held liable for violations committed by

your distributors. If you have any

questions about the requirements and

procedures set forth in this suspension

notice or in the subject section 4 Data

Requirements Notice, please contact

Francisca Liem at (202) 564–2365.

Sincerely yours,

58548 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

Director, Agriculture and Ecosystems

Division, Office of Compliance

Attachments:

Attachment I—Product List

Attachment II—Requirement List

Attachment III—Explanatory Appendix

III. Registrants Receiving and Affected

by Notices of Intent to Suspend; Date of

Issuance; Active Ingredient and

Products Affected

The following is a list of products for

which a letter of notification has been

sent:

TABLE A.—LIST OF PRODUCTS

Registrant Affected EPA Registration

Number Active Ingredient Name of Product Date Issued

Toby’s Chemical Co. Inc. 06815300001 Dichlobenil Dichlojell Root Killer Cream 8/10/00

Voluntary Purchasing Group,

Inc.

00740100395 Dichlobenil American Brand Casoron Granules 8/10/00

IV. Basis for Issuance of Notice of Intent; Requirement List

The following companies failed to submit the following requirement data or information:

TABLE B.—LIST OF REQUIREMENTS

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

Dichlobenil Toby’s Chemical Co.

Inc.

Chemical Identity (Guideline Reference No: 61-1) 7/1/99

Beginning Material and Manufacturing Process (Guideline Reference No: 61-2(a))7/1/99

Discussion of Impurities (Guideline Reference No: 61-2(b)) 7/1/99

Preliminary Analysis of Product Samples (Guideline Reference

No: 62-1)

7/1/99

Certification of Ingredient Limits (Guideline Reference No: 62-2) 7/1/99

Analytical Method to Verify Certified Limits (Guideline Reference

No: 62-3)

7/1/99

Color (Guideline Reference No: 63-2) 7/1/99

Physical State (Guideline Reference No: 63-3) 7/1/99

Density, Bulk Density, or Specific Gravity (Guideline Reference

No: 63-7)

7/1/99

pH (Guideline Reference No: 63-12) 7/1/99

Stability (Guideline Reference No: 63-13) 7/1/99

Oxidizing/Reducing Action (Guideline Reference No: 63-14) 7/1/99

Flammability (Guideline Reference No: 63-15) 7/1/99

Explodability (Guideline Reference No: 63-16) 7/1/99

Storage Stability (Guideline Reference No: 63-17) 7/1/99

Viscosity (Guideline Reference No: 63-18) 7/1/99

Miscibility (Guideline Reference No: 63-19) 7/1/99

Corrosion Characteristics (Guideline Reference No: 63-20) 7/1/99

Dielectric Breakdown Voltage (Guideline Reference No: 63-21) 7/1/99

Acute Oral Toxicity—Rat (Guideline Reference No: 81-1) 7/1/99

Acute Dermal Toxicity—Rabbit/Rat (Guideline Reference No:

81-2)

7/1/99

Acute Inhalation Toxicity—Rat (Guideline Reference No: 81-3) 7/1/99

Primary Eye Irritation—Rabbit (Guideline Reference No: 81-4) 7/1/99

Primary Dermal Irritation (Guideline Reference No: 81-5) 7/1/99

Dermal Sensitization (Guideline Reference No: 81-6) 7/1/99

90-Day Response 7/1/99

Confidential Statement of Formula (CSF) Form 7/1/99

8-Month Response 7/1/99

Dichlobenil Voluntary Purchasing

Group, Inc.

Chemical Identity (Guideline Reference No: 61-1) 7/1/99

Beginning Material and Manufacturing Process (Guideline Reference No: 61-2(a))7/1/99

Discussion of Impurities (Guideline Reference No: 61-2(b)) 7/1/99

Preliminary Analysis of Product Samples (Guideline Reference

No: 62-1)

7/1/99

Certification of Ingredient Limits (Guideline Reference No: 62-2) 7/1/99

Analytical Method to Verify Certified Limits (Guideline Reference

No: 62-3)

7/1/99

Color (Guideline Reference No: 63-2) 7/1/99

Physical State (Guideline Reference No: 63-3) 7/1/99

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58549

TABLE B.—LIST OF REQUIREMENTS—Continued

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

Density, Bulk Density, or Specific Gravity (Guideline Reference

No: 63-7)

7/1/99

pH (Guideline Reference No: 63-12) 7/1/99

Stability (Guideline Reference No: 63-13) 7/1/99

Oxidizing/Reducing Action (Guideline Reference No: 63-14) 7/1/99

Flammability (Guideline Reference No: 63-15) 7/1/99

Explodability (Guideline Reference No: 63-16) 7/1/99

Storage Stability (Guideline Reference No: 63-17) 7/1/99

Viscosity (Guideline Reference No: 63-18) 7/1/99

Miscibility (Guideline Reference No: 63-19) 7/1/99

Corrosion Characteristics (Guideline Reference No: 63-20) 7/1/99

Dielectric Breakdown Voltage (Guideline Reference No: 63-21) 7/1/99

Acute Oral Toxicity—Rat (Guideline Reference No: 81-1) 7/1/99

Acute Dermal Toxicity—Rabbit/Rat (Guideline Reference No:

81-2)

7/1/99

Acute Inhalation Toxicity—Rat (Guideline Reference No: 81-3) 7/1/99

Primary Eye Irritation—Rabbit (Guideline Reference No: 81-4) 7/1/99

Primary Dermal Irritation (Guideline Reference No: 81-5) 7/1/99

Dermal Sensitization (Guideline Reference No: 81-6) 7/1/99

90-Day Response 7/1/99

Confidential Statement of Formula (CSF) Form 7/1/99

8-Month Response 7/1/99

V. Attachment III Suspension Report—

Explanatory Appendix

A discussion of the basis for the

Notices of Intent to Suspend follows:

Dichlobenil

A. Toby Chemical Co.

In October 1998, the Agency issued

the Phase 5 Reregistration Eligibility

Document Data Call-In Notice imposed

pursuant to sections 4(g)(2)(B) and

3(c)(2)(B) of FIFRA which required the

registrants of products containing

Dichlobenil used as an active ingredient

to develop and submit certain data.

These data/information were

determined to be necessary to satisfy

reregistration data requirements of

section 4(g). Failure to comply with the

requirements of a Phase 5 Registration

Eligibility Document Call-In Notice is a

basis for suspension under section

3(c)(2)(b) of FIFRA. You received this

notice on November 2, 1998, as

evidenced by the U.S. Postal Service

green card return receipt. This Data

Call-In Notice required the registrant to

submit a 90–day response indicating

their intent to submit the required data

and the 8–month response submitting

the required data.

On May 10, 1999, Brazos Associates,

Inc., agent for General Chemical Co.,

notified the Agency that the product

Dichlojell (EPA Registration No. 68153–

1), transferred from Toby Chemical Co.

to General Chemical Co. Brazos

Associates indicated in the May 10,

1999 letter that General Chemical Co.

has elected to let this product go into

suspension rather than develop and

submit the required product chemistry

and acute toxicity data required to

support its product’s reregistration with

the Agency. However, since no official

request has been received by the Agency

from Brazos Associates to affectuate a

transfer of the registration to General

Chemical Co., and, hence, no

registration transfer has been completed

by the Agency, Toby Chemical Co. is

still considered the registrant of record

for the registration.

Since Toby Chemical Co. has not

submitted the 90–day or 8–month

response, nor the required data by the

July 1, 1999, due date, the Agency is

issuing this Notice of Intent to Suspend.

B. Voluntary Purchasing Group, Inc.

In October 1988, the Agency issued a

Phase 5 Reregistration Eligibility

Document Data Call-In Notice imposed

pursuant to sections 4(g)(2)(B) and

3(c)(2)(B) of FIFRA which required the

registrants of products containing

Diclobenil used as an active ingredient

to develop and submit certain data.

These data/information were

determined to be necessary to satisfy

reregistration data requirements of

section 4(g). Failure to comply with the

requirements of a Phase 5 Reregistration

Eligibility Document Call-In Notice is a

basis for suspension under section

3(c)(2)(B) of FIFRA. Voluntary

Purchasing Group, Inc. received this

document on October 29, 1998, as

evidenced by the U.S. Postal Service

green card return receipt. This Data

Call-In Notice required the registrant to

submit a 90–response indicating their

intent to submit the required data and

an 8–month response submitting the

required data.

On March 12, 1999, Brazos

Associates, Inc., agent for Voluntary

Purchasing Group, Inc., requested that

the Agency suspend the product,

American Brands Casoron Granules

(EPA Registration Number 7401–395).

The registrant through its agent

indicated that it was not submitting the

product-specific data required to

support the product’s reregistration with

the Agency.

Since neither the 90–day or 8–month

responses, nor the required data were

submitted by the July 1, 1999 due date,

the Agency is issuing this Notice of

Intent to Suspend.

VI. Conclusions

EPA has issued Notices of Intent to

Suspend on the dates indicated. Any

further information regarding these

Notices may be obtained from the

contact person noted above.

List of Subjects

Environmental protection.

Dated: September 18, 2000.

Richard Colbert,

Director, Agriculture and Ecosystems

Division, Office of Compliance.

[FR Doc. 00–24781 Filed 9–28–00; 8:45 am]

BILLING CODE 6560–50–F