![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Intent to Suspend Certain Pesticide Registrations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 29, 2000 (Volume 65, Number 190)]
[Notices]
[Page 58546-58549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se00-88]
-----------------------------------------------------------------------
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
[[Page 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,
[[Page 58548]]
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
----------------------------------------------------------------------------------------------------------------
EPA Registration
Registrant Affected Number Active Ingredient Name of Product Date Issued
----------------------------------------------------------------------------------------------------------------
Toby's Chemical Co. Inc. 06815300001 Dichlobenil Dichlojell Root 8/10/00
Killer Cream
----------------------------------------------------------------------------------------------------------------
Voluntary Purchasing Group, Inc. 00740100395 Dichlobenil American Brand 8/10/00
Casoron Granules
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Original
Active Ingredient Registrant Affected Requirement Name Due-Date
----------------------------------------------------------------------------------------------------------------
Dichlobenil Toby's Chemical Co. Inc. Chemical Identity 7/1/99
(Guideline Reference No:
61-1)
Beginning Material and 7/1/99
Manufacturing Process
(Guideline Reference No:
61-2(a))
Discussion of Impurities 7/1/99
(Guideline Reference No:
61-2(b))
Preliminary Analysis of 7/1/99
Product Samples (Guideline
Reference No: 62-1)
Certification of Ingredient 7/1/99
Limits (Guideline
Reference No: 62-2)
Analytical Method to Verify 7/1/99
Certified Limits
(Guideline Reference No:
62-3)
Color (Guideline Reference 7/1/99
No: 63-2)
Physical State (Guideline 7/1/99
Reference No: 63-3)
Density, Bulk Density, or 7/1/99
Specific Gravity
(Guideline Reference No:
63-7)
pH (Guideline Reference No: 7/1/99
63-12)
Stability (Guideline 7/1/99
Reference No: 63-13)
Oxidizing/Reducing Action 7/1/99
(Guideline Reference No:
63-14)
Flammability (Guideline 7/1/99
Reference No: 63-15)
Explodability (Guideline 7/1/99
Reference No: 63-16)
Storage Stability 7/1/99
(Guideline Reference No:
63-17)
Viscosity (Guideline 7/1/99
Reference No: 63-18)
Miscibility (Guideline 7/1/99
Reference No: 63-19)
Corrosion Characteristics 7/1/99
(Guideline Reference No:
63-20)
Dielectric Breakdown 7/1/99
Voltage (Guideline
Reference No: 63-21)
Acute Oral Toxicity--Rat 7/1/99
(Guideline Reference No:
81-1)
Acute Dermal Toxicity-- 7/1/99
Rabbit/Rat (Guideline
Reference No: 81-2)
Acute Inhalation Toxicity-- 7/1/99
Rat (Guideline Reference
No: 81-3)
Primary Eye Irritation-- 7/1/99
Rabbit (Guideline
Reference No: 81-4)
Primary Dermal Irritation 7/1/99
(Guideline Reference No:
81-5)
Dermal Sensitization 7/1/99
(Guideline Reference No:
81-6)
90-Day Response 7/1/99
Confidential Statement of 7/1/99
Formula (CSF) Form
8-Month Response 7/1/99
----------------------------------------------------------------------------------------------------------------
Dichlobenil Voluntary Purchasing Group, Chemical Identity 7/1/99
Inc. (Guideline Reference No:
61-1)
Beginning Material and 7/1/99
Manufacturing Process
(Guideline Reference No:
61-2(a))
Discussion of Impurities 7/1/99
(Guideline Reference No:
61-2(b))
Preliminary Analysis of 7/1/99
Product Samples (Guideline
Reference No: 62-1)
Certification of Ingredient 7/1/99
Limits (Guideline
Reference No: 62-2)
Analytical Method to Verify 7/1/99
Certified Limits
(Guideline Reference No:
62-3)
Color (Guideline Reference 7/1/99
No: 63-2)
Physical State (Guideline 7/1/99
Reference No: 63-3)
[[Page 58549]]
Density, Bulk Density, or 7/1/99
Specific Gravity
(Guideline Reference No:
63-7)
pH (Guideline Reference No: 7/1/99
63-12)
Stability (Guideline 7/1/99
Reference No: 63-13)
Oxidizing/Reducing Action 7/1/99
(Guideline Reference No:
63-14)
Flammability (Guideline 7/1/99
Reference No: 63-15)
Explodability (Guideline 7/1/99
Reference No: 63-16)
Storage Stability 7/1/99
(Guideline Reference No:
63-17)
Viscosity (Guideline 7/1/99
Reference No: 63-18)
Miscibility (Guideline 7/1/99
Reference No: 63-19)
Corrosion Characteristics 7/1/99
(Guideline Reference No:
63-20)
Dielectric Breakdown 7/1/99
Voltage (Guideline
Reference No: 63-21)
Acute Oral Toxicity--Rat 7/1/99
(Guideline Reference No:
81-1)
Acute Dermal Toxicity-- 7/1/99
Rabbit/Rat (Guideline
Reference No: 81-2)
Acute Inhalation Toxicity-- 7/1/99
Rat (Guideline Reference
No: 81-3)
Primary Eye Irritation-- 7/1/99
Rabbit (Guideline
Reference No: 81-4)
Primary Dermal Irritation 7/1/99
(Guideline Reference No:
81-5)
Dermal Sensitization 7/1/99
(Guideline Reference No:
81-6)
90-Day Response 7/1/99
Confidential Statement of 7/1/99
Formula (CSF) Form
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