[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11669-11671]
[FR Doc No: 2015-04402]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0062; FRL-9923-41]

Notice of Intent To Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency, EPA.

ACTION: Notice.

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SUMMARY: This notice, pursuant the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), publishes three Notices of Intent to Suspend
certain pesticide registrations issued by EPA. Each Notice of Intent to
Suspend was issued following the Agency's issuance of a Data Call-In
Notice (DCI), which required the registrants of the affected pesticide
products containing a certain pesticide active ingredient to take
appropriate steps to secure certain data, and following the
registrants' 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: Each Notice of Intent to Suspend included in this Federal
Register notice will become a final and effective suspension order
automatically by operation of law 30 days after the date of the
registrant's receipt of the mailed Notice of Intent to Suspend or, if
the mailed Notice of Intent to Suspend 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 Notice of
Intent to Suspend 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 Notice of Intent to Suspend, or the
registrant has satisfied the EPA Administrator that the registrant has
complied fully with the requirements that served as a basis for the
Notice of Intent to Suspend. Unit IV. explains what must be done to
avoid suspension under this notice (i.e., how to request a hearing or
how to comply fully with the requirements that served as a basis for
the Notice of Intent to Suspend).

FOR FURTHER INFORMATION CONTACT: Moana Appleyard, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

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

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0062, 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<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. Registrants Issued Notices of Intent To Suspend Active Ingredients,
Products Affected, and Dates Issued

    The registrants and products subject to this Notice of Intent to
Suspend are

listed in Table 1. A Notice of Intent to Suspend was sent to each
registrant of the affected products via the U.S. Postal Service, first
class mail, return receipt requested.

                         Table 1--List of Registrants and Products Subject to Suspension
----------------------------------------------------------------------------------------------------------------
                                                              EPA                              Date EPA issued
       Registrant affected          Active ingredient    registration       Product name      notice of  intent
                                                              No.                                 to suspend
----------------------------------------------------------------------------------------------------------------
Genics, Inc......................  Naphthenate Salts..         71653-1  Cobra Wrap.........  April 16, 2014.
Pyrethrum Board of Kenya.........  Pyrethrins.........          4713-5  Kenya Pyrethrum      January 27, 2015.
                                                                         Extract Refined
                                                                         Concentrate.
Chem-Tech, Ltd...................  Pyrethrins.........        47000-19  Dy-Fly 1 Livestock   January 27, 2015.
                                                                         Spray.
Chem-Tech, Ltd...................  Pyrethrins.........       47000-101  CT-42..............  January 27, 2015.
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III. Basis for Issuance of Notice of Intent To Suspend; Requirement
List

    The registrants failed to submit the data or information required
by the DCI, or to take other appropriate steps to secure the required
data for their pesticide products listed in Table 2 of this unit.

                                          Table 2--List of Requirements
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                                                     EPA                                               Data
     Registrant affected           Active       registration     Product name    Reason issued     requirements
                                 ingredient          No.                                             involved
----------------------------------------------------------------------------------------------------------------
Genics, Inc.................  Naphthenate             71653-1  Cobra Wrap.....  Failure to       Product
                               Salts.                                            submit           chemistry.
                                                                                adequate
                                                                                required data.
Pyrethrum Board of Kenya....  Pyrethrins.....          4713-5  Kenya Pyrethrum  Failure to       Product
                                                                Extract          submit           chemistry.
                                                                Refined          adequate
                                                                Concentrate.     required data.
Chem-Tech, Ltd..............  Pyrethrins.....        47000-19  Dy-Fly 1         Failure to       Product
                                                                Livestock        submit           chemistry.
                                                                Spray.           adequate
                                                                                required data.
Chem-Tech, Ltd..............  Pyrethrins.....       47000-101  CT-42..........  Failure to       Product
                                                                                submit           chemistry.
                                                                                adequate
                                                                                required data.
----------------------------------------------------------------------------------------------------------------

IV. How to avoid suspension under this notice?

    1. You may avoid suspension under this notice if you or another
person adversely affected by this notice properly request a hearing
within 30 days of your receipt of the Notice of Intent to Suspend by
mail or, if you did not receive the notice that was sent to you via
USPS first class mail return receipt requested, then within 30 days
from the date of publication of this Federal Register notice (see
DATES). If you request a hearing, it will be conducted in accordance
with the requirements of FIFRA section 6(d) (7 U.S.C. 136d) and the
Agency's procedural regulations in 40 CFR part 164. Section 3(c)(2)(B)
of FIFRA (7 U.S.C. 136a), however, provides that the only allowable
issues which may be addressed at the hearing are whether you have
failed to take the actions which are the bases of this notice and
whether the Agency's decision regarding the disposition of existing
stocks is consistent with FIFRA. Therefore, no substantive allegation
or legal argument concerning other issues, including but not limited to
the Agency's original decision to require the submission of data or
other information, the need for or utility of any of the required data
or other information or deadlines imposed, any allegations of errors or
unfairness in any proceedings before an arbitrator, and the risks and
benefits associated with continued registration of the affected
product, may be considered in the proceeding. The Administrative Law
Judge shall by order dismiss any objections which have no bearing on
the allowable issues which may be considered in the proceeding. Section
3(c)(2)(B)(iv) of FIFRA provides that any hearing must be held and a
determination issued within 75 days after receipt of a hearing request.
This 75-day period may not be extended unless all parties in the
proceeding stipulate to such an extension. If a hearing is properly
requested, the Agency will issue a final order at the conclusion of the
hearing governing the suspension of your product. A request for a
hearing pursuant to this notice must:
     Include specific objections which pertain to the allowable
issues which may be heard at the hearing.
     Identify the registrations for which a hearing is
requested.
     Set forth all necessary supporting facts pertaining to any
of the objections which you have identified in your request for a
hearing.
    If a hearing is requested by any person other than the registrant,
that person must also state specifically why he/she asserts that he/she
would be adversely affected by the suspension action described in this
notice. Three copies of the request must be submitted to: Hearing
Clerk, 1900 Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460-0001.
    An additional copy should be sent to the person who signed this
notice. The request must be received by the Hearing Clerk by the
applicable 30th day deadline as measured from your receipt of the
Notice of Intent to Suspend 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 by operation of law and,
under such circumstances, the suspension of the registration for your
affected product will be final and

effective at the close of business on the applicable 30th day deadline
as measured from your receipt of the Notice of Intent to Suspend by
mail or publication of this notice, 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 Notice of Intent to Suspend: 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 Notice of Intent
to Suspend 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
(7508P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.
    For you to avoid automatic suspension under this notice, the Agency
must also determine within the applicable 30-day deadline period that
you have satisfied the requirements that are the bases of this notice
and so notify you in writing. You should submit the necessary data/
information as quickly as possible for there to be any chance the
Agency will be able to make the necessary determination in time to
avoid suspension of your product. The suspension of the registration of
your company's product pursuant to this notice will be rescinded when
the Agency determines you have complied fully with the requirements
which were the bases of this notice. Such compliance may only be
achieved by submission of the data/information described in Table 2 of
Unit II.

V. Status of Products That Become Suspended

    Your product will remain suspended, 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 registration for your product, 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 FIFRA 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.

    Authority: 7 U.S.C. 136 et seq.

    Dated: February 23, 2015.
Michael Goodis,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2015-04402 Filed 3-3-15; 8:45 am]
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[Federal Register: June 22, 2010 (Volume 75, Number 119)]
[Proposed Rules]
[Page 35362-35363]
[DOCID:fr22jn10-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[Docket EPA-R10-OAR-2010-0294; FRL-9165-3]

Determination of Attainment for PM10 for the Sandpoint
PM10 Nonattainment Area, Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to determine that the Sandpoint nonattainment
area in Idaho attains the National Ambient Air Quality Standard for
particulate matter with an aerodynamic diameter of less than or equal
to a nominal ten micrometers (PM10).

DATES: Comments must be received on or before July 22, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2010-0294, by any of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Steve Body, U.S. EPA Region 10, Office of Air, Waste
and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: U.S. EPA, Region 10, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Steve Body, Office of
Air, Waste and Toxics, AWT-107. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206)
553-0782, e-mail address<EMAIL_ADDRESS>or the above EPA, Region
10 address.

SUPPLEMENTARY INFORMATION:
    For further information, please see the direct final action, of the
same title, which is located in the Rules section of this Federal
Register. EPA is approving the attainment determination as a direct
final rule without prior proposal because EPA views this as a
noncontroversial action and anticipates no adverse comments. A detailed
rationale for the approval is set forth in the preamble to the direct
final rule. If EPA receives no adverse comments, EPA will not take
further action on this proposed rule.
    If EPA receives adverse comments, EPA will withdraw the direct
final rule and it will not take effect. EPA will address all public
comments in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

    Dated: May 28, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-14894 Filed 6-21-10; 8:45 am]
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