49308 Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices 

1The NOITS was received by Repar Corporation 

on or before May 19, 2014, as evidenced by a USPS 

Return Receipt Card. Based on that receipt date, the 

30-day deadline for Repar making a timely hearing 

request was June 18, 2014. The deadline passed 

without Repar filing a hearing request in response 

to the NOITS. As a result, Repar’s affected product 

registrations were suspended by operation of law. 

Inc., 145 S. Miami Avenue, Village of 

Cleves, OH 45002. 

Test monitors representative of this 

method have been tested in accordance 

with the applicable test procedures 

specified in 40 CFR Part 53, as amended 

on August 31, 2011. After reviewing the 

results of those tests and other 

information submitted in the 

application, EPA has determined, in 

accordance with Part 53, that this 

method should be designated as a 

reference method. The information in 

the application will be kept on file, 

either at EPA’s National Exposure 

Research Laboratory, Research Triangle 

Park, North Carolina 27711 or in an 

approved archive storage facility, and 

will be available for inspection (with 

advance notice) to the extent consistent 

with 40 CFR Part 2 (EPA’s regulations 

implementing the Freedom of 

Information Act). 

As a designated reference method, 

this method is acceptable for use by 

states and other air monitoring agencies 

under the requirements of 40 CFR Part 

58, Ambient Air Quality Surveillance. 

For such purposes, the method must be 

used in strict accordance with the 

operation or instruction manual 

associated with the method and subject 

to any specifications and limitations 

(e.g., configuration or operational 

settings) specified in the applicable 

designated method description (see the 

identification of the method above). 

Use of the method also should be in 

general accordance with the guidance 

and recommendations of applicable 

sections of the ‘‘Quality Assurance 

Handbook for Air Pollution 

Measurement Systems, Volume I,’’ EPA/ 

600/R–94/038a and ‘‘Quality Assurance 

Handbook for Air Pollution 

Measurement Systems, Volume II, 

Ambient Air Quality Monitoring 

Program’’ EPA–454/B–08–003, 

December, 2008. Provisions concerning 

modification of such methods by users 

are specified under Section 2.8 

(Modifications of Methods by Users) of 

Appendix C to 40 CFR Part 58. 

Consistent or repeated noncompliance 

should be reported to: Director, Human 

Exposure and Atmospheric Sciences 

Division (MD–E205–01), National 

Exposure Research Laboratory, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711. 

Designation of this new reference 

method is intended to assist the States 

in establishing and operating their air 

quality surveillance systems under 40 

CFR Part 58. Questions concerning the 

commercial availability or technical 

aspects of the method should be 

directed to the applicant. 

Dated: August 12, 2014. 

Jennifer Orme-Zavaleta, 

Director, National Exposure Research 

Laboratory. 

[FR Doc. 2014–19777 Filed 8–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2012–0219; FRL–9914–15] 

Notice of Intent To Suspend Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice, pursuant the 

Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA), publishes a 

Notice of Intent to Suspend (NOITS) 

certain pesticide registrations issued by 

EPA. The NOITS was issued following 

the Agency’s issuance of a Data Call-In 

Notice (DCI), which required the 

registrant of the affected pesticide 

products containing a certain pesticide 

active ingredient to take appropriate 

steps to secure certain data, and 

following the registrant’s failure to 

submit these data or to take other 

appropriate steps to secure the required 

data. The subject data were determined 

to be required to maintain in effect the 

existing registrations of the affected 

products. Failure to comply with the 

data requirements of a DCI is a basis for 

suspension of the affected registrations 

under FIFRA. 

DATES: The NOITS included in this 

Federal Register notice will become a 

final and effective suspension order 

automatically by operation of law 30 

days after the date of the registrant’s 

receipt of the mailed NOITS or, if the 

mailed NOITS is returned to the EPA 

Administrator as undeliverable, if 

delivery is refused, or if the EPA 

Administrator otherwise is unable to 

accomplish delivery to the registrant 

after making reasonable efforts to do so, 

the NOITS becomes effective 30 days 

after the date of publication of this 

notice in the Federal Register, unless, 

during that time, a timely and adequate 

request for a hearing is made by a 

person adversely affected by the NOITS, 

or the registrant has satisfied the EPA 

Administrator that the registrant has 

complied fully with the requirements 

that served as a basis for the NOITS.1

Unit IV. explains what must be done to 

avoid suspension under this notice (i.e., 

how to request a hearing or how to 

comply fully with the requirements that 

served as a basis for the NOITS). 

FOR FURTHER INFORMATION CONTACT: 

Khue Nguyen, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 347–0248; email address: 

nguyen.khue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, farm 

worker and agricultural advocates; the 

chemical industry; pesticide users; and 

members of the public interested in the 

sale, distribution, or use of pesticides. 

Since others also may be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. 

B. How can I get copies of this document 

and other related information? 

The docket for this action, identified 

by docket identification (ID) number 

EPA–HQ–OPP–2012–0219, is available 

at http://www.regulations.gov or at the 

Office of Pesticide Programs Regulatory 

Public Docket (OPP Docket) in the 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

II. Registrant Issued Notice of Intent To 

Suspend, Active Ingredient, Products 

Affected, and Date Issued 

The registrant and products subject to 

this NOITS are listed in Table 1. A 

NOITS was sent to each registrant of the 

affected products via the U.S. Postal 

Service (USPS), first class mail, return 

receipt requested. The NOITS was 

received by Repar Corporation on or 

before May 19, 2014, as evidenced by a 

USPS Return Receipt Card. Based on 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices 49309 

2See footnote 1. 

that receipt date, the 30-day deadline for 

Repar making a timely hearing request 

was June 18, 2014. The June 18, 2014 

deadline passed without Repar filing a 

hearing request in response to the 

NOITS. As a result, Repar’s affected 

product registrations were suspended by 

operation of law. 

TABLE 1—LIST OF REGISTRANTS AND PRODUCTS SUBJECT TO SUSPENSION

Registrant affected Active ingredient 

EPA 

Registration 

No. 

Product name 

Date EPA 

Issued notice 

of intent to 

suspend 

Repar Corporation .......................... Pendimethalin .................. 69361–29 Pendimethalin Weed and Feed .................... 5/9/14 

Repar Corporation .......................... Pendimethalin .................. 69361–30 Pendimethalin Technical .............................. 5/9/14 

Repar Corporation .......................... Pendimethalin .................. 69361–31 Pendimethalin 3.3 EC Herbicide .................. 5/9/14 

Repar Corporation .......................... Pendimethalin .................. 69361–32 Pendimethalin H2O Herbicide ...................... 5/9/14 

III. Basis for Issuance of Notice of 

Intent To Suspend; Requirement List 

The registrant failed to submit the 

data or information required by the 

Data-Call In Notice, or to take other 

appropriate steps to secure the required 

data for their pesticide products listed 

in Table 2 of this unit. 

TABLE 2—LIST OF REQUIREMENTS

EPA Registration numbers 

Guideline 

numbers as listed in applicable 

DCI 

Requirement name Date EPA 

issued DCI 

Date 

registrant 

received 

DCI 

Final data 

due date 

Reason for 

notice of 

intent to 

suspend 

69361–29, 69361–30, 

69361–31, and 69361–32.

835.4100 .......... Aerobic soil metabolism .................. 5/31/13 5/31/13 5/31/15 (1) 

835.6100 .......... Terrestrial field dissipation.

835.6200 .......... Aquatic field dissipation.

850.1350 .......... Mysid chronic toxicity.

850.1400 .......... Fish early-life stage toxicity.

850.2100 .......... Avian acute oral toxicity.

850.4100 .......... Terrestrial plant toxicity (seedling 

emergence).

850.4150 .......... Terrestrial plant toxicity (vegetative 

vigor).

Non-guideline ... Whole sediment: chronic invertebrates (freshwater and marine).

1 Inadequate 90-day response received. 

IV. How to avoid suspension under this 

notice?2

1. You may avoid suspension under 

this notice if you or another person 

adversely affected by this notice 

properly request a hearing within 30 

days of your receipt of the NOITS by 

mail or, if you did not receive the notice 

that was sent to you via USPS first class 

mail return receipt requested, then 

within 30 days from the date of 

publication of this Federal Register 

notice (see DATES). If you request a 

hearing, it will be conducted in 

accordance with the requirements of 

FIFRA section 6(d) and the Agency’s 

procedural regulations in 40 CFR part 

164. Section 3(c)(2)(B) of FIFRA, 

however, provides that the only 

allowable issues which may be 

addressed at the hearing are whether 

you have failed to take the actions 

which are the bases of this notice and 

whether the Agency’s decision 

regarding the disposition of existing 

stocks is consistent with FIFRA. 

Therefore, no substantive allegation or 

legal argument concerning other issues, 

including but not product, may be 

considered in the proceeding. The 

Administrative Law Judge shall by order 

dismiss any objections which have no 

bearing on the allowable issues which 

may be considered in the proceeding. 

Section 3(c)(2)(B)(iv) of FIFRA provides 

that any hearing must be held and a 

determination issued within 75 days 

after receipt of a hearing limited to the 

Agency’s original decision to require the 

submission of data or other information, 

the need for or utility of any of the 

required data or other information or 

deadlines imposed, any allegations of 

errors or unfairness in any proceedings 

before an arbitrator, and the risks and 

benefits associated with continued 

registration of the affected request. This 

75-day period may not be extended 

unless all parties in the proceeding 

stipulate to such an extension. If a 

hearing is properly requested, the 

Agency will issue a final order at the 

conclusion of the hearing governing the 

suspension of your products. A request 


emcdonald on DSK67QTVN1PROD with NOTICES
49310 Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Notices 

for a hearing pursuant to this notice 

must: 

• Include specific objections which 

pertain to the allowable issues which 

may be heard at the hearing. 

• Identify the registrations for which 

a hearing is requested. 

• Set forth all necessary supporting 

facts pertaining to any of the objections 

which you have identified in your 

request for a hearing. 

If a hearing is requested by any person 

other than the registrant, that person 

must also state specifically why he/she 

asserts that he/she would be adversely 

affected by the suspension action 

described in this notice. Three copies of 

the request must be submitted to: 

Hearing Clerk, 1900, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

An additional copy should be sent to 

the person who signed this notice. The 

request must be received by the Hearing 

Clerk by the applicable 30-day deadline 

as measured from your receipt of the 

NOITS by mail or publication of this 

notice, as set forth in DATES and in Unit 

IV.1., in order to be legally effective. 

The 30-day time limit is established by 

FIFRA and cannot be extended for any 

reason. Failure to meet the 30-day time 

limit will result in automatic 

suspension of your registration(s) by 

operation of law and, under such 

circumstances, the suspension of the 

registration for your affected products 

will be final and effective at the close of 

business on the applicable 30-day 

deadline as measured from your receipt 

of the NOITS by mail or publication of 

this notice, as set forth in DATES and in 

Unit IV.1., and will not be subject to 

further administrative review. The 

Agency’s rules of practice at 40 CFR 

164.7 forbid anyone who may take part 

in deciding this case, at any stage of the 

proceeding, from discussing the merits 

of the proceeding ex parte with any 

party or with any person who has been 

connected with the preparation or 

presentation of the proceeding as an 

advocate or in any investigative or 

expert capacity, or with any of their 

representatives. Accordingly, the 

following EPA offices, and the staffs 

thereof, are designated as judicial staff 

to perform the judicial function of EPA 

in any administrative hearings on this 

NOITS: The Office of the Administrative 

Law Judges, the Office of the 

Environmental Appeals Board, the EPA 

Administrator, the EPA Deputy 

Administrator, and the members of the 

staff in the immediate offices of the EPA 

Administrator and EPA Deputy 

Administrator. None of the persons 

designated as the judicial staff shall 

have any ex parte communication with 

trial staff or any other interested person 

not employed by EPA on the merits of 

any of the issues involved in this 

proceeding, without fully complying 

with the applicable regulations. 

2. You may also avoid suspension if, 

within the applicable 30-day deadline 

period as measured from your receipt of 

the NOITS by mail or publication of this 

notice, as set forth in DATES and in Unit 

IV.1., the Agency determines that you 

have taken appropriate steps to comply 

with the FIFRA section 3(c)(2)(B) DCI 

notice. In order to avoid suspension 

under this option, you must 

satisfactorily comply with Table 2.—List 

of Requirements in Unit II., for each 

product by submitting all required 

supporting data/information described 

in Table 2 of Unit. II. and in the 

Explanatory Appendix (in the docket for 

this Federal Register notice) to the 

following address (preferably by 

certified mail): Office of Pesticide 

Programs, Pesticide Re-evaluation 

Division, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001. 

For you to avoid automatic 

suspension under this notice, the 

Agency must also determine within the 

applicable 30-day deadline period that 

you have satisfied the requirements that 

are the bases of this notice and so notify 

you in writing. You should submit the 

necessary data/information as quickly as 

possible for there to be any chance the 

Agency will be able to make the 

necessary determination in time to 

avoid suspension of your products. The 

suspension of the registrations of your 

company’s products pursuant to this 

notice will be rescinded when the 

Agency determines you have complied 

fully with the requirements which were 

the bases of this notice. Such 

compliance may only be achieved by 

submission of the data/information 

described in Table 2 of Unit II. 

V. Status of Products That Become 

Suspended 

Your products will remain 

suspended, however, until the Agency 

determines you are in compliance with 

the requirements which are the bases of 

this notice and so informs you in 

writing. 

After the suspension becomes final 

and effective, the registrant subject to 

this notice, including all supplemental 

registrants of products listed in Table 1 

of Unit II., may not legally distribute, 

sell, use, offer for sale, hold for sale, 

ship, deliver for shipment, or receive 

and (having so received) deliver or offer 

to deliver, to any person, the products 

listed in Table 1 of Unit II. Persons other 

than the registrant subject to this notice, 

as defined in the preceding sentence, 

may continue to distribute, sell, use, 

offer for sale, hold for sale, ship, deliver 

for shipment, or receive and (having so 

received) deliver or offer to deliver, to 

any person, the products listed in Table 

1 of Unit II. Nothing in this notice 

authorizes any person to distribute, sell, 

use, offer for sale, hold for sale, ship, 

deliver for shipment, or receive and 

(having so received) deliver or offer to 

deliver, to any person, the products 

listed in Table 1 of Unit II. in any 

manner which would have been 

unlawful prior to the suspension. 

If the registrations for your products, 

listed in Table 1 of Unit II., are currently 

suspended as a result of failure to 

comply with another FIFRA section 

3(c)(2)(B) DCI notice or Section 4 Data 

Requirements notice, this notice, when 

it becomes a final and effective order of 

suspension, will be in addition to any 

existing suspension, i.e., all 

requirements which are the bases of the 

suspension must be satisfied before the 

registration will be reinstated. 

It is the responsibility of the basic 

registrant to notify all supplementary 

registered distributors of a basic 

registered product that this suspension 

action also applies to their 

supplementary registered products. The 

basic registrant may be held liable for 

violations committed by their 

distributors. 

Any questions about the requirements 

and procedures set forth in this notice 

or in the subject FIFRA section 

3(c)(2)(B) DCI notice, should be 

addressed to the person listed under FOR

FURTHER INFORMATION CONTACT. 

VI. What is the Agency’s authority for 

taking this action? 

The Agency’s authority for taking this 

action is contained in FIFRA sections 

3(c)(2)(B) and 6(f)(2), 7 U.S.C. 136 et 

seq. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 6, 2014. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2014–19780 Filed 8–19–14; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK67QTVN1PROD with NOTICES