9656
Federal
Register
/
Vol.
68,
No.
40
/
Friday,
February
28,
2003
/
Notices
brief
description
written
by
the
docket
staff.

II.
Request
to
Amend
Registrations
A.
Background
Information
The
Reregistration
Eligibility
Decision
(
RED)
for
EPTC
was
completed
in
December
1999.
At
that
time,
EPA
requested
that
Syngenta
(
formerly
Zeneca
Ag
Products)
submit
field
trial
data
for
citrus.
On
March
21,
2000,
Syngenta
submitted
a
written
request
to
EPA
seeking
to
amend
the
registrations
for
EPTC,
specifically
requesting
that
EPA
amend
registrations
to
terminate
the
use
of
EPTC
on
citrus.
On
August
27,
2000,
the
registrant
further
submitted
labeling
amendments
deleting
citrus
from
each
label
on
which
it
appears.
In
addition,
on
February
15,
2002,
Drexel
Chemical
Company
requested
a
voluntary
cancellation
of
citrus
for
its
End­
Use
products
containing
EPTC.

B.
Requests
for
Voluntary
Cancellation
Under
section
6(
f)(
1)(
A)
of
FIFRA,
registrants
may
request,
at
any
time,
that
their
pesticide
registrations
be
canceled
or
amended
to
terminate
one
or
more
pesticide
uses.
Section
6(
f)(
1)(
B)
of
FIFRA
requires
that
before
acting
on
a
request
for
voluntary
cancellation,
EPA
must
provide
a
30
 
day
public
comment
period
on
the
request
for
voluntary
cancellation.
In
addition,
section
6(
f)(
1)(
C)
of
FIFRA
requires
that
EPA
provide
a
180
 
day
comment
period
on
a
request
for
voluntary
termination
of
any
minor
agricultural
use
before
granting
the
request,
unless
(
1)
the
registrants
request
a
waiver
of
the
comment
period,
or
(
2)
the
Administrator
determines
that
continued
use
of
the
pesticide
would
pose
an
unreasonable
adverse
effect
on
the
environment.
The
registrants
have
requested
that
EPA
waive
the
180
 
day
comment
period.
EPA
is
granting
the
registrants'
request
to
waive
the
180
 
day
comment
period.
Therefore,
EPA
will
provide
a
30
 
day
comment
period
on
the
proposed
requests.
EPA
anticipates
granting
the
cancellation
request
shortly
after
the
end
of
the
30
 
day
comment
period
for
this
notice.
The
registrations
that
will
be
affected
by
the
deletion
of
citrus
are
listed
in
the
following
Table
1.

TABLE
1.
 
END­
USE
PRODUCT
REGISTRATION
AMENDMENT
REQUEST
Company
Reg.
No
Product
Use
Syngenta
Crop
Protection,
Inc.
100
 
1023
EPTAM
Technical.

Syngenta
Crop
Protection,
Inc.
100
 
1025
EPTAM
7
 
E
Selective
Herbicide.

Drexel
Chemical
Company.
19713
 
101
Drexel
EPTC
 
7EC.

III.
What
is
the
Agency's
Authority
for
Taking
this
Action?
Section
6(
f)(
1)
of
FIFRA
provides
that
a
registrant
of
a
pesticide
product
may
at
any
time
request
that
any
of
its
pesticide
registrations
be
canceled.
FIFRA
section
6(
f)(
1)
further
provides
that,
before
acting
on
the
request,
EPA
must
publish
a
notice
of
receipt
of
any
such
request
in
the
Federal
Register,
make
reasonable
efforts
to
inform
persons
who
rely
on
the
pesticide
for
minor
agricultural
uses,
and
provide
a
30
 
day
period
in
which
the
public
may
comment.
Thereafter,
the
Administrator
may
approve
such
a
request.

IV.
Procedures
for
Withdrawal
of
Request
Registrants
who
choose
to
withdraw
a
request
for
deletion
of
use
must
submit
such
withdrawal
in
writing
to
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT,
postmarked
before
March
31,
2003.
This
written
withdrawal
of
the
request
for
deletion
of
use
will
apply
only
to
the
applicable
FIFRA
section
6(
f)(
1)
request
listed
in
this
notice.
If
the
use(
s)
have
been
subject
to
a
previous
cancellation
action,
the
effective
date
of
cancellation
and
all
other
provisions
of
any
earlier
cancellation
action
are
controlling.
The
withdrawal
request
must
also
include
a
commitment
to
pay
any
reregistration
fees
due,
and
to
fulfill
any
applicable
unsatisfied
data
requirements.
V.
Provisions
for
Disposition
of
Existing
Stocks
The
registrants
have
submitted
amendments
to
amend
registrations
to
delete
uses
of
EPTC
identified
in
Table
1.
Pursuant
to
section
6(
f)
of
FIFRA,
EPA
expects
to
grant
these
requests
for
amendment
upon
the
close
of
the
comment
period.
The
effective
date
of
this
amendment
will
be
the
date
of
the
cancellation
order.
The
orders
effecting
this
requested
amendment
will
generally
permit
a
registrant
to
sell
or
distribute
existing
stocks
for
1
year
after
the
date
the
amendment
request
was
received.
This
policy
is
in
accordance
with
the
Agency's
statement
of
policy
as
prescribed
in
the
Federal
Register
of
June
26,
1991
(
56
FR
29362)
(
FRL
 
3846
 
4).
Exceptions
to
this
general
rule
will
be
made
if
a
product
poses
a
risk
concern,
or
is
in
noncompliance
with
reregistration
requirements,
or
is
subject
to
a
Data
Call­
In.
In
all
cases,
productspecific
disposition
dates
will
be
given
in
the
cancellation
orders.

VI.
Future
Tolerance
Revocations
EPA
anticipates
drafting
a
future
Federal
Register
notice
proposing
revocation
of
this
tolerance
on
commodities
which
no
longer
have
registered
uses
of
EPTC.
In
this
notice,
EPA
seeks
comment
as
to
whether
any
individuals
or
groups
want
to
support
continuation
of
these
tolerances.
List
of
Subjects
Environmental
protection,
Pesticides
and
pests.

Dated:
February
6,
2003.
Lois
Rossi,
Director,
Special
Review
and
Reregistration
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
03
 
4774
Filed
2
 
27
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0040;
FRL
 
7292
 
1]

Intent
to
Suspend
Certain
Pesticide
Registrations
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice
of
issuance
of
notice
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
issued
a
Notice
of
Intent
to
Suspend
pursuant
to
section
3(
c)(
2)(
B)
of
FIFRA
and
that
the
Notice
of
Intent
to
Suspend
has
since
become
an
effective
suspension
order.
The
Notice
of
Intent
to
Suspend
was
issued
following
issuance
of
the
1991
Thiram
Data
Call­
In
Notice
(
DCI).
The
DCI
required
registrants
of
products
containing
thiram
used
as
an
active
ingredient
to
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Federal
Register
/
Vol.
68,
No.
40
/
Friday,
February
28,
2003
/
Notices
develop
and
submit
certain
data.
These
data
were
determined
to
be
necessary
to
maintain
the
continued
registration
of
affected
products.
Failure
to
comply
with
the
data
requirements
of
a
DCI
is
a
basis
for
suspension
under
section
3(
c)(
2)(
B)
of
FIFRA.
Prochimie
International,
Inc.
holds
the
registration
of
a
technical
thiram
product
(
EPA
Registration
Number
8236
 
2)
and
is
therefore
subject
to
the
requirements
of
the
1991
DCI.
Prochimie's
technical
thiram
product
is
currently
registered
only
for
nonresidential
turf
use.
This
Notice
includes
the
text
of
the
Notice
of
Intent
to
Suspend
which
was
issued
to
Prochimie
on
November
27,
2002.
The
text
identifies
the
registrant
involved,
the
active
ingredient
involved,
the
EPA
Registration
Number,
the
name
of
the
affected
product,
and
the
basis
upon
which
the
Notice
of
Intent
to
Suspend
was
issued.
As
required
by
section
6(
f)(
2),
the
Notice
of
Intent
to
Suspend
was
sent
by
certified
mail,
return
receipt
requested
to
Prochimie,
Inc.
at
its
address
of
record.
The
Notice
of
Intent
to
Suspend
was
received
on
December
4,
2002,
by
the
registrant
and
became
an
effective
suspension
order
on
January
4,
2003.

DATES:
The
Notice
of
Intent
to
Suspend
became
an
effective
suspension
order
January
4,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Harold
Day,
Agriculture
Division,
2225A,
Office
of
Enforcement
and
Compliance
Assurance,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
202
 
564
 
4133;
fax
number:
202
 
564
 
0029;
e
 
mail
address:
day.
harold@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
hold
EPA
registrations
for
products
that
contain
thiram.
Potentially
affected
entities
may
include,
but
are
not
limited
to
pesticide
registrants.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
To
determine
whether
you
or
your
business
may
be
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions
in
the
1991
Thiram
Data
Call
 
In
and
FIFRA
regulations,
specifically
section
3(
c)(
2)(
B).
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?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2003
 
0040.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
What
Action
is
the
Agency
Taking?

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
issued
a
Notice
of
Intent
to
Suspend
pursuant
to
section
3(
c)(
2)(
B)
of
FIFRA
to
Prochimie
International,
Inc.
The
Notice
of
Intent
to
Suspend
was
issued
on
November
27,
2002,
and
was
received
on
December
4,
2002,
by
the
registrant,
Prochimie
International,
Inc.,
as
evidenced
by
the
U.
S.
Postal
Service
return
receipt.
No
request
for
a
hearing
was
received
within
the
required
statutory
time
frame
and
the
Notice
of
Intent
to
Suspend
became
an
effective
suspension
order
on
January
4,
2003,
which
was
30
days
following
the
date
of
receipt
of
the
Notice
of
Intent
to
Suspend
by
the
registrant.

III.
Text
of
the
Notice
to
Suspend
The
text
of
the
Notice
of
Intent
to
Suspend
issued
to
Prochimie
International,
Inc.
follows:
United
States
Environmental
Protection
Agency
Office
of
Prevention,
Pesticides
and
Toxic
Substances
Washington,
DC
20460
November
27,
2002
Certified
Mail
Return
Receipt
Requested
Ms.
Mary
Ann
Roston
Prochimie
International,
Inc.
5
Waterside
Crossing
Windsor,
CT
06095
SUBJECT:
Suspension
of
Registration
of
Pesticide
Product(
s)
Containing
Thiram
for
Failure
to
Comply
with
the
Thiram
Data
Call­
In
Notice
Dated
September
16,
1991.

Dear
Sir/
Madam:
This
letter
gives
you
notice
that
the
pesticide
product
registration(
s)
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
3(
c)(
2)(
B)
Data
Call
 
In
Notice.
The
specific
basis
for
issuance
of
this
Notice
is
stated
in
the
Explanatory
Appendix
(
Attachment
III)
to
this
Notice.
The
affected
product(
s)
and
the
requirement(
s)
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
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40
/
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February
28,
2003
/
Notices
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(
s).
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
Avenue,
NW
Washington,
DC
20460
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
Environmental
Appeals
Board,
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
3(
c)(
2)(
B)
Data
Call
 
In
Notice.
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
Division
U.
S.
Environmental
Protection
Agency
1200
Pennsylvania
Avenue,
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
registration(
s)
for
your
product(
s)
listed
in
Attachment
I
are
currently
suspended
as
a
result
of
failure
to
comply
with
another
section
3(
c)(
2)(
B)
Data
Call
 
In
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.
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
3(
c)(
2)(
B)
Data
Call
 
In
Notice,
please
contact
Frances
Liem
at
(
202)
564
 
2365.

Sincerely
yours,

Director,
Agriculture
Division,
Office
of
Compliance.

Attachment
I
Suspension
Report
 
Product
List
Attachment
II
Suspension
Report
 
Requirement
List
Attachment
III
Suspension
Report
 
Explanatory
Appendix
IV.
Registrant
Receiving
and
Affected
by
Notice
of
Intent
to
Suspend
Prochimie
International,
Inc.
was
sent
a
letter
of
notification
for
the
following
product.

TABLE
A.
 
PRODUCT
LIST
EPA
Registration
Number
Product
Name
8236
 
2
Thiram
Technical
V.
Basis
for
Issuance
of
Notice
of
Intent;
Requirement
List
Prochimie
International,
Inc.
failed
to
submit
the
following
required
data
or
information.

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Notices
TABLE
B.
 
REQUIREMENT
LIST
Guideline
Reference
Number
Requirement
Name
Due
Date
71
 
4(
b)
Avian
reproduction
 
duck
9/
16/
93
72
 
3(
a)
Estuarine/
marine
toxicity
 
fish
9/
16/
92
72
 
3(
b)
Estuarine/
marine
toxicity
 
mollusk
9/
16/
92
72
 
3(
c)
Estuarine/
marine
toxicity
 
shrimp
9/
16/
92
82
 
2
21
 
Day
dermal
toxicity
rabbit/
rat
9/
16/
93
83
 
4
2
 
Generation
reproduction
 
rat
9/
16/
95
85
 
1
General
metabolism
9/
16/
93
122
 
2
Aquatic
plant
growth
9/
16/
92
161
 
1
Hydrolysis
12/
16/
91
161
 
2
Photodegradation
 
water
12/
16/
91
162
 
1
Aerobic
soil
metabolism
9/
16/
93
163
 
1
Leaching/
adsorption/
desorption
9/
16/
92
164
 
1
Terrestrial
field
dissipation
9/
16/
93
165
 
4
Bioaccumulation
in
fish
9/
16/
92
VI.
Attachment
III
Suspension
Report
 
Explanatory
Appendix
This
Explanatory
Appendix
provides
a
discussion
of
the
basis
for
the
Notice
of
Intent
to
Suspend
issued
herewith.
On
September
16,
1991,
EPA
issued
a
Data
Call
 
In
(``
1991
DCI'')
to
all
registrants
of
products
containing
thiram
under
the
authority
of
FIFRA
section
3(
c)(
2)(
B).
The
1991
DCI
required
registrants
of
products
containing
thiram
used
as
an
active
ingredient
to
develop
and
submit
certain
data.
These
data
were
determined
to
be
necessary
to
maintain
the
continued
registration
of
affected
products.
Failure
to
comply
with
the
data
requirements
of
a
DCI
is
a
basis
for
suspension
under
section
3(
c)(
2)(
B)
of
FIFRA.
Prochimie
holds
the
registration
of
a
technical
thiram
product
(
EPA
Registration
Number
8236
 
2)
and
is
therefore
subject
to
the
requirements
of
the
1991
DCI.
Prochimie's
technical
thiram
product
is
currently
registered
only
for
nonresidential
turf
use.
The
following
describes
Prochimie's
noncompliance
with
the
1991
DCI
and
FIFRA
section
3(
c)(
2)(
B)
for
failing
to
meet
certain
data
requirements
in
the
1991
DCI
applicable
to
products
registered
for
nonresidential
turf
use.
These
data
requirements
are
identified
in
Appendix
II
to
this
Notice.
In
its
required
90
 
day
response
to
the
1991
DCI,
Prochimie
indicated
that
it
elected
Option
2
provided
in
the
1991
DCI
as
the
method
for
complying
with
the
DCI.
In
a
letter
dated
June
6,
2001,
Prochimie
emphasized
that
it
selected
only
Option
2
for
complying
with
the
1991
DCI
and
did
not
select
Option
3
(
i.
e.,
an
offer
to
pay).
Selection
of
Option
2
indicates
that
the
registrant
has
entered
into
a
cost
share
agreement
with
one
or
more
registrants
to
jointly
develop
data
required
under
the
1991
DCI.
To
qualify
for
Option
2,
the
1991
DCI
requires
that
the
registrant
provide
the
name
of
the
party
who
would
be
submitting
the
data.
In
addition,
the
registrant
must
provide
documentary
evidence
that
a
cost
share
agreement
has
been
formed.
Such
evidence
can
be
a
letter
offering
to
cost
share
and
a
letter
accepting
such
offer,
or
a
written
statement
by
the
parties
that
an
agreement
exists.
Prochimie's
90
 
day
response
indicated
that
it
was
a
member
of
Thiram
Task
Force
I
and
that
Task
Force
I
would
be
submitting
the
data
required
by
the
1991
DCI.
In
a
letter
dated
April
20,
1992,
EPA
notified
Prochimie
that
its
90
 
day
response
was
insufficient,
because
there
were
data
requirements
in
the
1991
DCI
that
Task
Force
I
had
not
committed
to
satisfy.
In
response,
Prochimie
provided
EPA
with
a
letter
dated
April
28,
1992,
in
which
Prochimie
informed
Mr.
Jerome
C.
Rockwell,
the
chairman
of
both
Thiram
Task
Force
I
and
Thiram
Task
Force
II,
that
Prochimie
``
will
participate
and
cost
share
in
the
Thiram
Task
Force
[
emphasis
added]
submitting
information
for
the
EPA
Thiram
Data
Call
 
In
requirements
regarding
turf
use
of
Thiram
only.''
In
subsequent
correspondence
with
the
Agency,
Prochimie
stated
that,
although
not
a
member
of
Task
Force
II,
Prochimie
had
agreed
to
participate
in
all
Task
Force
II
studies
necessary
to
support
nonresidential
turf
use
of
thiram.
However,
Prochimie
has
not
provided
any
evidence,
nor
does
the
Agency
have
any
other
indication,
that
Thiram
Task
Forces
I
and
II,
either
individually
or
jointly,
have
generated
or
committed
to
generate
all
studies
necessary
to
satisfy
the
1991
DCI
requirements
for
nonresidential
turf
use.
Task
Force
I
was
formed
in
1985,
by
a
consortium
of
registrants
of
products
containing
thiram,
including
Prochimie,
for
the
purpose
of
acquiring
or
developing
data
required
by
a
previous
DCI
issued
in
1984
(``
1984
DCI'').
Although
the
1991
DCI
restated
some
of
the
data
requirements
contained
in
the
1984
DCI
that
were
still
outstanding,
it
required
additional
data
that
were
not
included
in
the
1984
DCI.
Prior
to
its
dissolution
on
July
31,
1992,
Task
Force
I
did
not
commit
to
satisfying
any
of
the
new
data
requirements
in
the
1991
DCI
that
were
not
imposed
earlier
by
the
1984
DCI.
Similarly,
Thiram
Task
Force
II
was
established
in
May
1989
for
the
development
of
data
necessary
to
support
primarily
food
use
of
thiram,
which
does
not
include
nonresidential
turf
use.
To
date,
there
are
data
requirements
applicable
to
nonresidential
turf
use
under
the
1991
DCI
which
neither
Task
Force
I
nor
Task
Force
II
have
satisfied
or
committed
to
satisfy.
Prochimie
has
not
independently
submitted
studies
or
provided
evidence
that
it
has
agreed
to
cost
share
with
any
other
party
for
developing
data
to
satisfy
these
data
requirements
or
selected
any
other
option
to
address
such
data
requirements.
Accordingly,
Prochimie
is
in
noncompliance
with
these
requirements.
These
data
requirements
are
identified
in
Appendix
II
to
this
Notice
and
are
as
follows:
EPA
Guideline
Nos.
72
 
3(
a),
72
 
3(
b),
and
72
 
3(
c),
82
 
2,
and
165
 
4.
Furthermore,
Prochimie
failed
to
submit
evidence
required
by
the
1991
DCI
that
a
cost
share
agreement
had
been
reached
between
Task
Force
II
and
Prochimie.
As
mentioned
above,
Prochimie's
April
28,
1992
letter
to
Mr.
Rockwell
stated
that
Prochimie
``
will
participate
and
cost
share
in
the
Thiram
Task
Force
[
emphasis
added]
submitting
information
for
the
EPA
Thiram
Data
Call
 
In
requirements
regarding
turf
use
of
Thiram
only.''
Because
Mr.
Rockwell
was
the
chairman
of
both
Task
Force
I
and
Task
Force
II,
it
is
not
clear
whether
Prochimie's
letter
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Notices
intended
to
restate
its
commitment
to
cost
share
with
Task
Force
I
or
to
make
an
offer
to
cost
share
with
Task
Force
II.
In
any
case,
Prochimie's
letter
at
most
shows
that
Prochimie
made
an
offer
to
cost
share,
which
was
an
option
it
emphasized
that
it
had
not
selected.
Prochimie
did
not
provide
any
evidence
that
it
had
selected
the
option
of
offer
to
pay
or
that
any
such
offer
had
been
accepted.
In
order
to
support
the
option
Prochimie
selected
to
address
the
data
requirements,
it
must
provide
evidence
that
any
such
offer
had
been
accepted.
Prochimie
did
not
do
that.
Although
Prochimie
paid
Task
Force
II
for
the
use
of
several
specific
studies
which
are
not
involved
in
this
Notice,
those
payments
do
not
provide
any
evidence
that
a
cost
share
agreement
has
been
reached
with
respect
to
any
other
studies
required
by
the
1991
DCI
for
nonresidential
turf
use
that
Task
Force
II
submitted
or
has
committed
to
submit.
In
fact,
Mr.
Rockwell,
the
chairman
of
Task
Force
II,
stated
in
an
affidavit
dated
May
2,
2000,
that
``
No
written
offer­
to­
pay
or
any
offer
to
jointly
develop
any
data
as
required
by
and
identified
in
the
1991
DCI
has
ever
been
received
by
Thiram
Task
Force
II.
.
.
from
Prochimie.''
Since
Task
Force
II
does
not
believe
that
it
has
ever
received
an
offer
to
cost
share
from
Prochimie,
it
is
unlikely
that
a
cost
share
agreement
has
been
reached
between
Prochimie
and
Task
Force
II.
Without
adequate
proof
of
such
an
agreement,
Prochimie
may
not
claim
an
ownership
interest
in
Task
Force
II's
data
for
which
Prochimie
has
not
paid
and
hence
may
not
claim
that
such
data
satisfies
Prochimie's
obligations.
Consequently,
the
Agency
considers
that
Prochimie
is
in
noncompliance
with
certain
data
requirements
for
nonresidential
turf
use
imposed
by
the
1991
DCI
irrespective
of
Task
Force
II's
actions
to
address
those
data
requirements.
Those
data
requirements
are
identified
in
Appendix
II
to
this
Notice
and
are
as
follows:
EPA
Guideline
Nos.
71
 
4(
b),
83
 
4,
85
 
1,
and
122
 
2.
Moreover,
prior
to
its
dissolution,
Task
Force
I
failed
to
satisfy
certain
1984
DCI
data
requirements
for
nonresidential
turf
use
that
were
also
imposed
by
the
1991
DCI.
Because
Prochimie
was
a
member
of
Task
Force
I
and
has
not
independently
submitted
data
or
otherwise
addressed
these
requirements,
Prochimie
is
in
noncompliance
with
these
requirements.
These
data
requirements
are
identified
in
Appendix
II
to
this
Notice
and
are
as
follows:
EPA
Guideline
Nos.
161
 
1,
161
 
2,
162
 
1,
163
 
1,
and
164
 
1.
In
a
letter
dated
December
21,
1998,
EPA
informed
Prochimie
that
the
data
required
under
the
1991
DCI
were
long
overdue
and
that
Prochimie
had
satisfied
only
those
data
requirements
that
had
been
satisfied
by
Task
Force
I
prior
to
its
dissolution.
In
a
letter
dated
January
12,
1999,
Prochimie
informed
EPA
that
``
Prochimie
cost
shared/
co­
owned
several
studies
submitted
by
Task
Force
II.''
However,
Prochimie
did
not
provide
the
evidence
required
by
the
1991
DCI
that
Prochimie
and
Task
Force
II
have
agreed
to
cost
share
in
the
development
of
any
other
data
required
by
the
1991
DCI
for
nonresidential
turf
use.
Prochimie's
letter
also
restated
Prochimie's
commitment
to
satisfy
certain
data
requirements
that
neither
Task
Forces
committed
to
fulfill.
However,
Prochimie
did
not
submit
any
studies
or
proof
required
by
the
1991
DCI
of
a
cost
share
agreement
with
any
party
obligated
to
satisfy
these
data
requirements.
In
a
letter
dated
June
29,
1999,
Prochimie
requested
data
waivers
(
or
determination
of
nonapplicability
or
no
need
for
additional
data)
for,
among
others,
the
following
data
requirements:
Guideline
Nos.
82
 
2,
83
 
4,
122
 
2,
161
 
1,
161
 
2,
163
 
1,
and
164
 
1,
and
165
 
4.
After
careful
consideration
of
Prochimie's
requests,
EPA
denied
the
request
for
waiver
of
the
above
mentioned
data
requirements
in
letters
dated
May
21,
2001
and
August
31,
2001.
In
a
letter
dated
August
31,
2001,
EPA
informed
Prochimie
of
its
failure
to
demonstrate
that
it
had
taken
appropriate
steps
to
secure
data
required
by
the
1991
DCI.
In
an
attachment
to
the
letter,
EPA
identified
all
of
the
data
requirements
for
nonresidential
turf
use
under
the
1991
DCI
and
the
names
of
the
parties
who
submitted
studies
for
those
requirements.
As
shown
in
that
attachment,
UCB
Chemicals
Corporation,
Inc.
(``
UCB''),
not
Task
Force
I
or
II,
satisfied
a
number
of
data
requirements
under
the
1991
DCI
for
nonresidential
turf
use.
The
letter
notified
Prochimie
of
the
Agency's
intent
to
issue
a
Notice
of
Intent
to
Suspend
Prochimie's
technical
thiram
registration
unless,
within
30
calendar
days
of
its
receipt
of
the
letter,
EPA
received
from
Prochimie
certain
required
data
or
proof
of
an
agreement
or
offer
to
cost
share
with
UCB.
In
its
October
4,
2001
response,
Prochimie
did
not
provide
any
of
the
data/
information
that
the
Agency
required,
but
instead
requested
a
re
 
evaluation
of
the
Agency's
determination
not
to
waive
certain
environmental
fate
studies,
clarification
of
applicable
existing
data,
and
a
determination
of
data
requirements
applicable
to
the
nonresidential
turf
use.
To
date,
Prochimie
has
failed
to
take
appropriate
steps
to
secure
certain
data
required
by
the
1991
DCI
applicable
to
nonresidential
turf
use
and
remains
in
noncompliance
with
those
data
requirements,
which
are
set
forth
in
Appendix
II
to
this
Notice.
Accordingly,
the
Agency
is
issuing
this
Notice
of
Intent
to
Suspend.

V.
What
is
the
Agency's
Authority
for
Taking
this
Action?

The
Agency's
authority
for
taking
this
action
is
section
6(
f)(
2)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA),
7
U.
S.
C.
136
et
seq.

List
of
Subjects
Environmental
protection.

Dated:
February
4,
2003.
Richard
Colbert,
Director,
Agriculture
Division,
Office
of
Compliance,
Office
of
Enforcement
and
Compliance
Assurance.
[
FR
Doc.
03
 
4776
Filed
2
 
27
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0006;
FRL
 
7288
 
9]

Cymoxanil;
Notice
of
Filing
a
Pesticide
Petition
to
Establish
a
Tolerance
for
a
Certain
Pesticide
Chemical
in
or
on
Food
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
the
initial
filing
of
a
pesticide
petition
proposing
the
establishment
of
regulations
for
residues
of
a
certain
pesticide
chemical
in
or
on
various
food
commodities.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2003
 
0006,
must
be
received
on
or
before
March
31,
2003.
ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Mary
L.
Waller,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
9354;
e­
mail
address:
waller.
mary@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
are
an
agricultural
producer,
food
manufacturer,
or
pesticide
manufacturer.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
 
Crop
production
(
NAICS
111)
 
Animal
production
(
NAICS
112)
 
Food
manufacturing
(
NAICS
311)
 
Pesticide
manufacturing
(
NAICS
32532)
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
To
determine
whether
you
or
your
business
may
be
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions
in
OPP
 
2003
 
0006.
If
you
have
any
questions
regarding
the
applicability
of
VerDate
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31>
2003
18:
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2003
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