Notice of Intent To Suspend Certain Pesticide Registrations, 67714-67718 [2010-27506]
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67714
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
point source discharges from the
application of pesticides to waters of the
United States. States responsible for
permitting these entities are also
affected.
Title: National Pollutant Discharge
Elimination System (NPDES) Permits for
Point Source Discharges from the
Application of Pesticides to Waters of
the United States (New).
ICR Numbers: EPA ICR No. 2397.01,
OMB Control No. 2040–NEW.
ICR Status: This ICR is for a new
information collection activity. An
Agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information, unless it
displays a currently valid OMB control
number. The OMB control numbers for
EPA’s regulations in title 40 of the Code
of Federal Regulations (CFR), after
appearing in the Federal Register when
approved, are listed in 40 CFR part 9,
are displayed either by publication in
the Federal Register or by other
appropriate means, such as on the
related collection instrument or form, if
applicable. The display of OMB control
numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: This Information Collection
Request (ICR) calculates the burden and
costs associated with information
collection and reporting activities from
EPA and State NPDES general permits
for point source discharges from the
application of pesticides to waters of the
United States. On November 27, 2006,
EPA issued a final rule (hereinafter
called the ‘‘2006 NPDES Pesticides
Rule’’) clarifying circumstances in
which an NPDES permit was not
required to apply pesticide to, or over,
including near, waters of the U.S. On
January 9, 2009, the Sixth Circuit Court
vacated EPA’s 2006 NPDES Pesticides
Rule. As a result of the Court’s decision,
on April 9, 2011 NPDES permits will be
required for discharges to waters of the
U.S. from the application of biological
pesticides and chemical pesticides that
leave a residue. Regulations governing
permit requirements for NPDES
discharges are codified at 40 CFR parts
122. This ICR includes information
submitted or recorded by permittees as
well as information used primarily by
permitting authorities. The permitting
authority will use the information to
assess permittee compliance and
modify/add new permit requirements as
appropriate. The estimated burden in
this ICR is based on EPA’s proposed
NPDES Pesticide General Permit (PGP).
EPA published the PGP in a Federal
Register notice on June 4, 2010 (75 FR
31775) and received over 700 public
comments. EPA is reviewing the
comments and will address them in the
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19:21 Nov 02, 2010
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final permit. The final ICR will reflect
the final permit.
Burden Statement: The annual
permittees and permitting authorities
(44 states and Virgin Islands) reporting
and recordkeeping burden for this
collection of information is estimated to
average 0.8 hours per response. Burden
means the total time, effort, or financial
resources expended by permittees and
permitting authorities to generate,
maintain, retain, disclose or provide
information to, or for, a Federal agency.
This includes the time needed to review
instructions; develop, acquire, install,
and utilize technology and systems for
the purposes of collecting, validating,
and verifying information, processing
and maintaining information, and
disclosing and providing information;
train personnel to be able to respond to
a collection of information; search data
sources; complete and review the
collection of information; and transmit
or otherwise disclose the information.
The ICR provides a detailed
explanation of the Agency’s estimate,
which is only briefly summarized here:
Estimated total number of potential
respondents: 365,000 permittees, 45
permitting authorities (44 states and
Virgin Islands).
Frequency of response: varies from
once every 5 years to occasionally as
needed
Estimated total average number of
responses for each respondent: 3.6.
Estimated total annual burden hours:
1,033,713 hours (987,904 hrs for
permittees and 45,809 hrs for permitting
authorities).
Estimated total annual costs:
$51,850,723 ($50,109,969 for permittees
and $1,740,754 for permitting
authorities). This includes an estimated
labor burden cost of $51,850,723 and an
estimated cost of $0 for capital
investment or maintenance and
operational costs.
Change in the Estimates: This is a
new ICR. The burden from this ICR will
be consolidated in the existing ICR for
the NPDES Program (ICR Number
0229.19, OMB Number 2040–0004)
during the next standard renewal cycle.
The current annual burden in OMB’s
inventory for the existing NPDES
Program ICR is 30,943,308 hours. This
ICR will add 1,033,713 hours, increasing
the burden by 3.3%.
What is the next step in the process for
this ICR?
EPA will consider the comments
received and amend this ICR as
appropriate. EPA will also revise the
burden estimates based on the final
PGP. The final ICR package will then be
submitted to OMB for review and
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approval pursuant to 5 CFR 1320.12. At
that time, EPA will issue another
Federal Register notice pursuant to 5
CFR 1320.5(a)(1)(iv) to announce the
submission of the ICR to OMB and the
opportunity to submit additional
comments to OMB. If you have any
questions about this ICR or the approval
process, please contact the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
Dated: October 27, 2010.
Sheila E. Frace,
Acting Director, Office of Wastewater
Management.
[FR Doc. 2010–27765 Filed 11–2–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0848; FRL–8851–2]
Notice of Intent To Suspend Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice, pursuant to
section 6(f)(2) of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA),
publishes a Notice of Intent to Suspend
issued by EPA pursuant to section
3(c)(2)(B) of FIFRA. The 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 listed in Table 1, containing a
certain pesticide active ingredient, to
take appropriate steps to secure the
data, as listed in Table 2, 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 section 3(c)(2)(B) of 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 30 days
after the date of publication of this
notice in the Federal Register if the
mailed Notice of Intent to Suspend is
returned to the Administrator as
undeliverable, if delivery is refused, or
if the Administrator otherwise is unable
to accomplish delivery to the registrant
SUMMARY:
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after making reasonable efforts to do so,
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
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:
Terria Northern, Pesticide Re-evaluation
Division, Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC, 20460–0001; telephone number:
(703) 305–7093; e-mail address:
northern.terria@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. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
number EPA–HQ–OPP–2010–0848.
Publicly available docket materials are
available either in the electronic docket
at https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
II. Registrant Issued Notice of Intent to
Suspend Active Ingredient, Product
Affected, and Date Issued
A Notice of Intent to Suspend was
B. How can I get copies of this document sent via the U.S. Postal Service (USPS),
and other related information?
return receipt requested, to the
registrants for the products listed in
EPA has established a docket for this
Table 1 of this unit.
action under docket identification (ID)
TABLE 1—LIST OF PRODUCTS
Registrant
affected
Active ingredient
Roebic Labs Inc. ..........................
Roebic Labs Inc. ..........................
Qualco Inc. ..................................
Copper Compounds ....................
Copper Compounds ....................
Copper Compounds ....................
III. Basis for Issuance of Notice of
Intent to Suspend; Requirement List
The registrants failed to submit the
required data or information or to take
EPA registration
number
7792–1
7792–5
3525–102
Product name
Roebic Root Killer Formula K–77
Roebic Root ENDZ .....................
Winter Tablets ‘‘W’’ .....................
Date EPA issued
notice of intent to
suspend
TBD.
TBD.
TBD.
other appropriate steps to secure the
required data listed in Table 2 for their
pesticide products.
TABLE 2—LIST OF REQUIREMENTS
EPA registration
number
7792–1 ...............
7792–5 ...............
3525–102 ...........
Guideline # 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
830.1550
Product identity and composition.
December 14,
2007.
December 24,
2007.
August 30, 2008
No data received.
830.1600
December 14,
2007.
December 24,
2007.
August 30, 2008
No data received.
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
Certified limits ..................
24,
August 30, 2008
No data received.
830.1800
24,
August 30, 2008
No data received.
830.6302
Enforcement analytical
method.
Color ................................
24,
August 30, 2008
No data received.
830.6303
Physical state ...................
24,
August 30, 2008
No data received.
830.6304
Odor .................................
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
August 30, 2008
830.1750
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
24,
830.1700
Description of materials
used to produce the
product.
Description of production
process.
Description of formulation
process.
Discussion of formation of
impurities.
Preliminary analysis .........
24,
August 30, 2008
No data received.
830.1620
830.1650
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830.1670
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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
TABLE 2—LIST OF REQUIREMENTS—Continued
EPA registration
number
Guideline # as
listed in
applicable DCI
830.6313
Requirement name
830.6315
Stability to normal and
elevated temperatures,
metals, and metal ions.
Oxidizing or reducing action.
Flammability .....................
830.6316
Explodability .....................
830.6317
Storage stability ...............
830.6319
Miscibility ..........................
830.6320
Corrosion characteristics
830.6321
830.7000
Dielectric breakdown voltage.
pH ....................................
830.7050
UV/Visible absorption ......
830.7100
Viscosity ...........................
830.7200
830.7220
Melting point/melting
range.
Boiling point/Boiling range
830.7300
Density/relative density ....
830.7370
830.7950
Dissociation constants in
water.
Partition coefficient (n-octanol/water) shake flask
method.
Partition coefficient (n-octanol/water), estimation
by liquid chromatography.
Water solubility: Column
elution method, shake
flask method.
Water solubility, generator
column method.
Vapor pressure ................
870.1100
Acute Oral Toxicity ..........
870.1200
Acute dermal toxicity .......
870.1300
Acute inhalation toxicity ...
870.2400
Acute eye irritation ...........
870.2500
Acute dermal irritation ......
870.2600
Skin sensitization .............
830.6314
830.7550
830.7570
830.7840
830.7860
jlentini on DSKJ8SOYB1PROD with NOTICES
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
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Date EPA issued
DCI
Date registrant
received DCI
Frm 00035
Reason for notice
of intent to
suspend
December 14,
2007.
December 24,
2007.
August 30, 2008
No data received.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
December 14,
2007.
December 24,
2007.
August 30, 2008
No data received.
December 14,
2007.
December 24,
2007.
August 30, 2008
No data received.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
December
2007.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
24,
August 30, 2008
No data received.
14,
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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 section 6(d) of FIFRA
and the Agency’s procedural regulations
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date
Fmt 4703
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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.
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jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
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(s). 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 in the
Federal Register, 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
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Jkt 223001
applicable 30th day deadline as
measured from your receipt of the
Notice of Intent to Suspend by mail or
publication of this notice in the Federal
Register, 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 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 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 in the
Federal Register, 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) Data Call-In
notice. In order to avoid suspension
under this option, you must
satisfactorily comply with the data
requirements listed in Table 2—List of
Requirements in Unit II, for each
product by submitting all required
supporting data/information described
in Table 2, 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 Reevaluation 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
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67717
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 product will remain suspended
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 registrants 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 registrants 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) 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.
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
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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) Data Call-In 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 sections 3(c)(2)(B)
and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq.
List of Subjects
Environmental protection, Pesticides
and pests.
INFORMATION ON SERVICES FOR THOSE
WITH DISABILITIES: For Information on
Dated: October 25, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
access or services for individuals with
disabilities, please contact Frances
Eargle at (202) 564–3115 or
eargle.frances@epa.gov. To request
accommodation of a disability, please
request it 10 days prior to the meeting,
to give EPA as much time as possible to
process your request.
[FR Doc. 2010–27506 Filed 11–2–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Dated: October 29, 2010.
Frances Eargle,
Designated Federal Officer, Local Government
Advisory Committee.
[FRL–9220–8]
Meeting of the Local Government
Advisory Committee
AGENCY:
[FR Doc. 2010–27875 Filed 11–2–10; 8:45 am]
Environmental Protection
BILLING CODE 6560–50–P
Agency.
ACTION: Notice.
The Local Government
Advisory Committee (LGAC) will meet
on November 17–18, 2010, in
Washington, DC. The Committee
meeting will be located at The Hall of
States, 444 North Capitol Street, NW.,
Washington, DC. The focus of the
Committee meeting will be on
Administrator Lisa P. Jackson’s
priorities for EPA: Protecting America’s
waters; cleaning up our communities;
expanding the conversation on
environmental protection; improving air
quality; taking action on climate change;
assuring the safety of chemicals, and
building strong partnerships.
This is an open meeting and all
interested persons are invited to attend.
The Committee will hear comments
from the public between 3:15 p.m. and
3:45 p.m. on Wednesday, November 17,
2010. Individuals or organizations
wishing to address the LGAC meeting
will be allowed a maximum of five
minutes to present their point of view.
Also, written comments should be
submitted electronically to
Eargle.Frances@epa.gov. Please contact
the Designated Federal Officer (DFO) at
the number listed below to schedule
agenda time. Time will be allotted on a
first come first serve basis, and the total
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
period for comments may be extended
if the number of requests for
appearances requires it.
DATES: November 17–18, 2010.
ADDRESSES: The LGAC meeting will be
held at The Hall of States, located at 444
North Capitol Street NW., Washington
DC. The Committee’s meeting minutes
and summary notes will be available
after the meeting online at https://
www.epa.gov/ocir/scas and can be
obtained by written request to the DFO.
FOR FURTHER INFORMATION CONTACT:
Frances Eargle, DFO for the Local
Government Advisory Committee
(LGAC) at (202) 564–3115 or e-mail at
Eargle.frances@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9220–3]
Notice of a Project Waiver of Section
1605: (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Town of Windsor, CA; Project#
4910017–033 Funded by the California
DWSRF ARRA Loan# AR09FP45
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) (manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality)
to the Town of Windsor, a California
Drinking Water State Revolving Fund
(DWSRF)/ARRA loan recipient, for the
purchase of a 20-inch diameter mild
steel well casing (API standard 5L or
ASTM standard A53 schedule 30b or
better). This is a project-specific waiver
and only applies to the use of the
specified product for the ARRA-funded
SUMMARY:
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
project being proposed. Any other
ARRA project that may wish to use the
same product must apply for a separate
waiver based on project-specific
circumstances. The Assistant
Administrator of the Office of
Administration and Resources
Management has concurred on this
decision to make an exception under
section 1605(b)(2) of ARRA.
DATES: Effective Date: August 13, 2010.
FOR FURTHER INFORMATION CONTACT:
Abimbola Odusoga, Environmental
Engineer, Water Division, Infrastructure
Office (WTR–4), (415) 972–3437, U.S.
EPA Region 9, 75 Hawthorne, San
Francisco, CA, 94105.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and OMB regulations at 2 CFR Part 176,
Subpart B, the EPA hereby provides
notice that it is granting a late project
waiver of the requirements of Section
1605(a) of Public Law 111–5, Buy
American requirements, to the City for
the purchase and use of a 20-inch
diameter mild steel well casing
manufactured abroad. The head of each
Federal agency is authorized to issue
project waivers pursuant to Section
1605(c) of ARRA. A delegation of
authority memorandum was issued by
the EPA Administrator on March 31,
2009 which provided EPA Regional
Administrators with the authority to
issue waivers to Section 1605(a) of
ARRA within the geographic boundaries
of their respective regions and with
respect to requests by individual
recipients of ARRA financial assistance.
This waiver request came after the
goods had been used in the project.
Under 2 CFR 176.130(c)(1), the
applicable noncompliance provision
regarding unauthorized use of foreign
manufactured goods, EPA is authorized
to process a waiver under 2 CFR
176.120(a) if ‘‘the need for such
determination otherwise was not
reasonably foreseeable.’’ EPA has further
outlined this process in its April 28,
2009 memorandum: Implementation of
Buy American provisions of Public Law
111–5, the ‘‘American Recovery and
Reinvestment Act of 2009’’ (the April 28
memorandum). EPA has determined
under these circumstances that the need
for such a waiver was not reasonably
foreseeable. Therefore, under the
authority of 2 CFR 176.120 and
176.130(c)(1), and as explained in the
April 28 memorandum, EPA will
process the waiver request as if it was
requested in a timely manner. EPA has
determined that it would have evaluated
a waiver request had the recipient
applied for a waiver prior to using the
foreign casing in the ARRA project. EPA
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67714-67718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27506]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0848; FRL-8851-2]
Notice of Intent To Suspend Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice, pursuant to section 6(f)(2) of the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA), publishes a Notice
of Intent to Suspend issued by EPA pursuant to section 3(c)(2)(B) of
FIFRA. The 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 listed in Table 1,
containing a certain pesticide active ingredient, to take appropriate
steps to secure the data, as listed in Table 2, 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
section 3(c)(2)(B) of 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 30
days after the date of publication of this notice in the Federal
Register if the mailed Notice of Intent to Suspend is returned to the
Administrator as undeliverable, if delivery is refused, or if the
Administrator otherwise is unable to accomplish delivery to the
registrant
[[Page 67715]]
after making reasonable efforts to do so, 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 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: Terria Northern, Pesticide Re-
evaluation Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC, 20460-
0001; telephone number: (703) 305-7093; e-mail address:
northern.terria@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. 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?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0848. Publicly available
docket materials are available either in the electronic docket at
https://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.
II. Registrant Issued Notice of Intent to Suspend Active Ingredient,
Product Affected, and Date Issued
A Notice of Intent to Suspend was sent via the U.S. Postal Service
(USPS), return receipt requested, to the registrants for the products
listed in Table 1 of this unit.
Table 1--List of Products
----------------------------------------------------------------------------------------------------------------
EPA registration Date EPA issued notice
Registrant affected Active ingredient number Product name of intent to suspend
----------------------------------------------------------------------------------------------------------------
Roebic Labs Inc................ Copper Compounds. 7792-1 Roebic Root TBD.
Killer Formula K-
77.
Roebic Labs Inc................ Copper Compounds. 7792-5 Roebic Root ENDZ. TBD.
Qualco Inc..................... Copper Compounds. 3525-102 Winter Tablets TBD.
``W''.
----------------------------------------------------------------------------------------------------------------
III. Basis for Issuance of Notice of Intent to Suspend; Requirement
List
The registrants failed to submit the required data or information
or to take other appropriate steps to secure the required data listed
in Table 2 for their pesticide products.
Table 2--List of Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Guideline
as Date EPA issued Date registrant Final data due Reason for notice of
EPA registration number listed in Requirement name DCI received DCI date intent to suspend
applicable DCI
--------------------------------------------------------------------------------------------------------------------------------------------------------
7792-1......................... 830.1550 Product identity December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
7792-5......................... and composition.
3525-102.......................
830.1600 Description of December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
materials used to
produce the
product.
830.1620 Description of December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
production
process.
830.1650 Description of December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
formulation
process.
830.1670 Discussion of December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
formation of
impurities.
830.1700 Preliminary December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
analysis.
830.1750 Certified limits.. December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.1800 Enforcement December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
analytical method.
830.6302 Color............. December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.6303 Physical state.... December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.6304 Odor.............. December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
[[Page 67716]]
830.6313 Stability to December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
normal and
elevated
temperatures,
metals, and metal
ions.
830.6314 Oxidizing or December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
reducing action.
830.6315 Flammability...... December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.6316 Explodability..... December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.6317 Storage stability. December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.6319 Miscibility....... December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.6320 Corrosion December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
characteristics.
830.6321 Dielectric December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
breakdown voltage.
830.7000 pH................ December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.7050 UV/Visible December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
absorption.
830.7100 Viscosity......... December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
830.7200 Melting point/ December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
melting range.
830.7220 Boiling point/ December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
Boiling range.
830.7300 Density/relative December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
density.
830.7370 Dissociation December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
constants in
water.
830.7550 Partition December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
coefficient (n-
octanol/water)
shake flask
method.
830.7570 Partition December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
coefficient (n-
octanol/water),
estimation by
liquid
chromatography.
830.7840 Water solubility: December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
Column elution
method, shake
flask method.
830.7860 Water solubility, December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
generator column
method.
830.7950 Vapor pressure.... December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
870.1100 Acute Oral December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
Toxicity.
870.1200 Acute dermal December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
toxicity.
870.1300 Acute inhalation December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
toxicity.
870.2400 Acute eye December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
irritation.
870.2500 Acute dermal December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
irritation.
870.2600 Skin sensitization December 14, 2007. December 24, 2007. August 30, 2008.. No data received.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 section 6(d) of FIFRA 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.
[[Page 67717]]
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(s). 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 in
the Federal Register, 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 30th day deadline as measured
from your receipt of the Notice of Intent to Suspend by mail or
publication of this notice in the Federal Register, 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 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 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 in the Federal
Register, 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) Data Call-In notice. In order to avoid
suspension under this option, you must satisfactorily comply with the
data requirements listed in Table 2--List of Requirements in Unit II,
for each product by submitting all required supporting data/information
described in Table 2, 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 product will remain suspended 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 registrants
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 registrants 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) 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.
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
[[Page 67718]]
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) Data Call-In
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
sections 3(c)(2)(B) and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: October 25, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-27506 Filed 11-2-10; 8:45 am]
BILLING CODE 6560-50-P
