ATTACHMENT III - EXPLANATORY APPENDIX 

On June 16, 2009, the Agency issued the Phase 5 Reregistration
Eligibility Decision (RED) Product Data Call-In Notice pursuant to
sections 4(g)(2)(B) of FIFRA which required the registrants of products
containing MGK-264 used as an active ingredient to develop and submit
certain data.  The data/information were determined to be necessary to
satisfy the reregistration requirements of section 4(g).  Failure to
comply with the requirements of a Phase 5 Reregistration Eligibility
Decision Product Data Call-In Notice (PDCI) is a basis for suspension
under section 3(c) (2) (B) of FIFRA.

Adams Technology Systems received the MGK-264 RED/PDCI, as evidenced by
the US Postal Service domestic return receipt card which was signed by
Rob Adams. The 90-day response was due to the Agency on November 6,
2009. On March 17, 2010, the Risk Management and Implementation Branch V
(RMIBV), Branch Chief, Patricia L. Moe, sent a certified  letter to Mr.
Rob B. Adams Jr. and informed him that Adams Technology Systems did not
submit their 90-day PDCI response and it remains outstanding.  The
8-month response for this product (which was required to be submitted by
March 16, 2010) has not been received by the Agency. Neither the 90-day
response (due 90 days after the registrant received the PDCI) nor the
8-month responses (due 8 months after the registrant received the PDCI)
have been received by the Agency.  On April 25, 2012, the Risk
Management and Implementation Branch V, Chemical Review Manager,
Veronica Dutch, sent a certified letter to Mr. Rob Adams, Jr., and
informed him that Adams Technology Systems’ required 8-month PDCI
response for the MGK-264 product (EPA Reg. No. 7754-41) was overdue. In
the April 25, 2012, letter, it was stated that the Application for
Reregistration (EPA Form 8570-1), two copies of the Confidential
Statement of Formula (CSF), five copies of the draft labels,
Certification with Respect to Citation of Data (EPA Form 8570-34), and
Data Matrix (EPA Form 8570-35) needed to be submitted for the product
within 10 days from Adams Technology Systems’ receipt of the letter or
a Notice of Intent to Suspend would be issued.  Adams Technology Systems
received the letter as evidenced by the US Postal Service domestic
return receipt card, which was dated and signed by Rob Adams on April
30, 2012.     

 

To date, the 90-day response, the 8-month response, and the product
specific data required for this product have not yet been received by
the Agency. Therefore, this Notice of Intent to Suspend is being issued.


