58530 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

profenofos, and further risk mitigation

measures may be needed.

List of Subjects

Environmental protection, Chemicals,

Pesticides and pests.

Dated: September 20, 2000.

Lois Rossi,

Director, Special Review and Reregistration

Division, Office of Pesticide Programs.

[FR Doc. 00–25054 Filed 9–28–00; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–60056; FRL–6743–5]

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

Methoxychlor for Failure to Comply with the

Methoxychlor Section 4 Phase 5

Reregistration Eligibility Document Data CallIn Notice Dated December 9, 1988

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

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

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58531

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,

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

Amvac Chemical Corporation 00548100317 Methoxychlor Methoxychlor-2 6/26/00

00548100320 Hornfly Dust 6/26/00

00548100326 Methoxychlor 50 Wp 6/26/00

Bonide Products Inc. 00000400165 Methoxychlor Bonide Methoxychlor 25% E Insecticide6/26/00

00000400184 Bonide Bulb Dust 6/26/00

58532 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

TABLE A.—LIST OF PRODUCTS—Continued

Registrant Affected EPA Registration

Number Active Ingredient Name of Product Date Issued

Cape Fear Chemicals Inc 00334200092 Methoxychlor Tiger Livestock Dust 6/26/00

Clarke Mosquito Control Products Inc. 00832900001 Methoxychlor 25% Methoxychlor Spray 6/26/00

Drexel Chemical Company 1971327 Methoxychlor Drexel Methoxychlor Technical 6/26/00

1971332 Methoxychlor 50 W.P. 6/26/00

1971334 Methoxychlor 2 E.C. Emulsifiable Insecticide6/26/00

19713118 Methoxychlor 4L Insecticide 6/26/00

Gustafson Llc 00750100015 Methoxychlor Gustafson Methoxychlor 300 6/26/00

Prentiss Drug & Chemical Company

Inc.

00065500615 Methoxychlor Prentox Mosquito Yard Spray Concentrate6/26/00

00065500741 Prentox Methoxychlor 50w 6/26/00

00065500742 Prentox 2 Lb. Methoxychlor Spray 6/26/00

Protexall Products Inc. 00497200010 Methoxychlor Screen Pruf Aerosol 6/26/00

Riverdale Chemical Co. 00022800101 Methoxychlor Riverdale Double M Insecticide Alfalfa

Spray

6/26/00

00022800105 Riverdale Methoxychlor Emulsifiable

Concentrate

6/26/00

00022800188 Riverdale Rose & Floral Spray 6/26/00

Rockland Corporation 00057200056 Methoxychlor Rockland Methoxychlor 2-E 6/26/00

00057200341 Rockland Methoxychlor 25 6/26/00

Schering Plough Veterinary, Inc. 00617500045 Methoxychlor Horse Spray & Rub 6/26/00

Southern Agricultural Insecticides, Inc. 00082900236 Methoxychlor Sa-50 Fruit Spray Concentrate 6/26/00

Universal Cooperatives, Inc. 00138600352 Methoxychlor Methoxychlor Emulsifiable Concentrate6/26/00

Verdant Brands, Inc. 00076900651 Methoxychlor Smcp Methoxychlor 2e Emulsifiable

Concentrate

6/26/00

00076900871 Pratt 50w Methoxychlor for Forest &

Shade Trees

6/26/00

00076900901 Science Multi-Purpose Spray 6/26/00

00076900903 Science Garden Insect Spray 6/26/00

00076900914 Science 50% Methoxychlor Wettable

Powder

6/26/00

00076900915 Science Gladiolus & Bulb Dust 6/26/00

00076900947 Pratt Ec 2 Methoxychlor Insect Spray 6/26/00

00076900955 Pratt Methoxy-Diazinon 20-10 E.c. 6/26/00

00588700077 Black Leaf Liquid Fruit Tree Spray 6/26/00

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

Methoxychlor Amvac Chemical Corporation Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58533

TABLE B.—LIST OF REQUIREMENTS—Continued

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Bonide Products Inc. Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Cape Fear Chemicals Inc. Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

58534 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

TABLE B.—LIST OF REQUIREMENTS—Continued

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Clarke Mosquito Control Products

Inc.

Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Drexel Chemical Company Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/0/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Gustafson LLC Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58535

TABLE B.—LIST OF REQUIREMENTS—Continued

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/0/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Prentiss Drug & Chemical Company Inc.Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Protexall Products Inc. Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1).

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

58536 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

TABLE B.—LIST OF REQUIREMENTS—Continued

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Riverdale Chemical Co. Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Rockland Corporation Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Schering Plough Veterinary, Inc. Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58537

TABLE B.—LIST OF REQUIREMENTS—Continued

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Southern Agricultural Insecticides,

Inc.

Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Universal Cooperatives, Inc. Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

58538 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

TABLE B.—LIST OF REQUIREMENTS—Continued

Active Ingredient Registrant Affected Requirement Name Original

Due–Date

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

Methoxychlor Verdant Brands, Inc. Leaching and Adsorption/Desorption (Guideline Reference

No: 163-1)

12/3/99

Photodegradation—Soil (Guideline Reference No: 161-3) 12/3/99

Teratogenicity—Rat (Guideline Reference No: 83-3(a)) 3/3/00

Teratogenicity—Rabbit (Guideline Reference No: 83-3(b)) 3/3/00

Aerobic Soil Metabolism (Guideline Reference No: 162-1) 9/3/00

Anaerobic Soil Metabolism (Guideline Reference No: 162-2) 3/3/00

Soil Field Dissipation (Guideline Reference No: 164-1) 9/3/00

Nature of Residue—Plants (Guideline Reference No: 171-

4(a))

3/3/00

Nature of Residue—Livestock (Guideline Reference No:

171-4(b))

3/3/00

Storage Stability (Guideline Reference No: 171-4(e)) 3/3/00

Magnitude of Residue—Meat/Milk/Poultry/Eggs (Guideline

Reference No: 171-4(j))

3/3/00

Crop Field Trials (Guideline Reference No: 171-4(k)) 9/3/00

Avian Reproduction—Quail (Guideline Reference No: 71-

4(a))

3/3/01

Avian Reproduction—Duck (Guideline Reference No: 71-

4(b))

3/3/01

General Metabolism (Guideline Reference No: 85-1) 9/3/01

Chronic Toxicity—Rodent (Guideline Reference No: 83-1(a)) 9/3/02

Chronic Toxicity—Non-rodent (Guideline Reference No: 83-

1(b))

9/3/02

Oncogenicity—Rat (Guideline Reference No: 83-2(a)) 9/3/02

Oncogenicity—Mouse (Guideline Reference No: 83-2(b)) 9/3/02

2-Generation Reproduction—Rat (Guideline Reference No:

83-4)

9/3/02

V. Attachment III Suspension Report

A. Explanatory Appendix

A discussion of the basis for the

Notices of Intent to Suspend follows:

Methoxychlor

On December 9, 1988, EPA issued the

Guidance for the Reregistration of

Pesticide Products Containing

Methoxychlor as the Active Ingredient

(i.e., Methoxychlor Registration

Standard). The Registration Standard

included a Data Call-In Notice (DCI)

issued pursuant to FIFRA section

3(c)(2)(B), which required registrants of

products containing methoxychlor used

as the active ingredient to develop and

submit certain data. The Administrator

had determined these data to be

necessary to support continued

registration of pesticide products

containing methoxychlor as the active

ingredient. Failure to comply with the

requirements of a Data Call-In Notice is

a basis for suspension under section

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

Kincaid Enterprises Inc. (Kincaid) was

the sole registrant who committed to

produce the generic data for

methoxychlor. You received the

Registration Standard dated December

9, 1988, as evidenced by your signed

Generic Data Exemption Statement

(GDE) dated (see supplemental table

below for specific date). You requested

a Generic Data Exemption in your

response to the DCI and were granted

the GDE. The DCI in the 1988

Methoxychlor Registration Standard

states that a registered product is

exempt from the requirement to submit

or cite ‘‘generic’’ data concerning an

active ingredient if the active ingredient

in the product is derived exclusively

from purchased, registered pesticide

products containing the active

ingredient so long as certain conditions

are met and remain satisfied. Both the

DCI and your GDE statement made clear

that if the registrant(s) who have

committed to generate and submit the

required generic data fail to take

appropriate steps to meet the data

requirements or are no longer in

compliance with the data requirements,

the Agency will consider that both they

and you are not in compliance and will

normally initiate proceedings to

suspend the registrations of their

product(s) and your product(s), unless

you commit to submit and submit the

required data in the specfied time frame.

Both the DCI and the GDE also state that

in such cases, the Agency generally will

not grant a time extension for

submitting the data.

On April 7, 1998, the Agency issued

a Notice of Intent to Suspend to Kincaid

because of their failure to submit certain

data required by the DCI. On May 13,

1998, Kincaid requested a hearing by

filing a hearing request with the Agency.

On September 3, 1998, Kincaid and the

Agency entered into a settlement

agreement that specified the outstanding

data requirements from the 1988 DCI

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58539

and set forth a new schedule for their

submission. Kincaid agreed in the

Settlement Agreement that if it failed to

comply with any of the terms and

conditions relating to any of the

requirements for data generation and

submission, the Agency would request

that the Administrative Law Judge (ALJ)

issue an order suspending the

registrations of Kincaid’s affected

products without any opportunity for a

hearing. On September 14, 1998, the

ALJ issued an accelerated decision and

order incorporating the Settlement

Agreement. The Judge’s accelerated

decision and order incorporating the

Settlement Agreement was entered into

the public docket for the matter.

Subsequently, on December 3, 1999,

Kincaid failed to satisfy certain data

requirements as required by the DCI and

the ALJ’s order/Settlement Agreement.

The Agency requested that the ALJ enter

a suspension order and a suspension

order was entered for all methoxychlor

pesticide product registrations held by

Kincaid and became effective on

January 14, 2000. The studies that were

required to be submitted by December 3,

1999, were Guideline No. 163-1

(Leaching/adsorption/desorption) and

Guideline No. 161-3 (Photodegradationsoil).

Subsequently, Kincaid missed a

second deadline of March 3, 2000, for a

number of other studies. The Agency

filed a request to the ALJ that he amend

the January 14, 2000 suspension order

to include these studies and, on April

12, 2000, the ALJ amended the January

14, 2000 suspension order to include

the following studies as additional bases

for suspension. The studies are:

Guideline No. 83-3(a) (Teratogenicity—

rat); Guideline No. 83-3(b)

(Teratogenicity—rabbit); Guideline 171-

4(a) (Nature of residue—plants);

Guideline No. 171-4(b) (Nature of

residue—livestock); Guideline No. 171-

4(e) (Storage Stability); Guideline No.

171-4(j) (Magnitude of residue—meat,

milk); and Guideline No. 162-2

(Anaerobic soil metabolism).

Because Kincaid failed to submit the

above referenced data inviolation of the

1988 DCI and the Accelerated Decision

and Order incorporating the Settlement

Agreement and is no longer in

compliance with the DCI, registrants of

methoxychlor end-use products who

were previously eligible for the GDE are

also in noncompliance with the 1988

DCI requirements as amended by the

Accelerated Decision and Order

incorporating the Settlement

Agreement.

On April 14, 2000, the Agency mailed

to you a certified letter return receipt

requested which revoked your GDE for

the methoxychlor products listed in

Attachment I and notified you that you

had 30 days from your receipt of that

letter to satisfy the overdue data

requirements referred to above and

commit to satisfy the overdue data

requirements set forth in the 1988 DCI

and the Accelerated Decision and Order

incorporating the Settlement Agreement

or the Agency would issue a Notice of

Intent to Suspend (NOITS) affecting

your methoxychlor products. On (see

supplemental table below for specific

date), the Agency received the green

card which evidenced your receipt of

the revocation letter.

Because the Agency has not received

an adequate or appropriate response

from you as a methoxychlor registrant,

the Agency is issuing this Notice of

Intent to Suspend.

B. Supplemental Table

The following table provides green

card receipt dates for Generic Data

Exemption (GDE) and letter dates

revoking the GDE for registrants for

methoxychlor.

Registrant Name Company Number GDE Date(s) Letter Date(s)

AMVAC Chemical Corporation 5481 5/1/89 4/25/00

AMVAC Chemical Corporation 5481 11/7/89 4/25/00

Bonide Products Inc. 4 1/31/89 4/21/00

Cape Fear Chemicals Inc. 3342 2/8/89 4/24/00

Drexel Chemical Company 713 3/30/89 4/25/00

Gustafson LLC 501 2/21/89 4/24/00

Clarke Mosquito Control Products, Inc. 8329 4/5/89 2/24/00

Prentiss Drug & Chemical Co. Inc. 655 3/17/89 4/21/00

Protexall Products, Inc 4972 1/16/89 4/21/00

Riverdale Chemical Co. 228 4/26/89 4/24/00

Rockland Corporation 572 3/10/89 4/24/00

S. Agricultural Insecticides. Inc 829 1/19/89 4/24/00

Schering Plough Veterinary Inc. 6175 1/12/89 4/27/00

Universal Cooperatives, Inc. 1386 4/03/89 4/24/00

Verdant Brands, Inc. 769 1/19/89 4/25/00

Verdant Brands, Inc. 769 2/27/89 4/25/00

Verdant Brands, Inc. 769 3/30/89 4/25/00

Verdant Brands, Inc. 5887 4/4/89 4/25/00

58540 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

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. 00–24780 Filed 9–28–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–60057; FRL–6589–4]

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 Aliphatic

Alcohols, C1-C5, Benomyl, Bromacil, and

Ortho-Benzyl-Para-Chlorophenol for Failure

to Comply with the Section 4 Phase 5

Reregistration Eligibility Document Data CallIn Notice

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 sections 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

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