Notice of Intent To Suspend Certain Pesticide Registrations, 53678-53680 [2011-21990]
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53678
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices
ACTION:
Federal Energy Regulatory
Commission
SUMMARY:
[Project No. 11651–001]
Calleguas Municipal Water District
Notice of Surrender of Exemption
(Conduit)
Pursuant to section 4.95(a) of the
Commission’s regulations,1 Calleguas
Municipal Water District filed with the
Commission a petition to surrender its
exemption from licensing for the
unconstructed Las Posas Basin Aquifer
Storage and Recovery Project No.
11651,2 stating that the proposed project
is no longer economically practicable.3
The project would have been located
near the Town of Moorpark in Ventura
County, California.
Section 4.95(c) of the Commission’s
regulations states that if no construction
has begun, an exemption will remain in
effect through the thirtieth day after the
Commission issues a public notice of
receipt of the petition, unless the
Commission issues an order to the
contrary.4 Accordingly, Calleguas
Municipal Water District’s surrender of
its exemption from licensing will be
effective at the close of business on
September 22, 2011. If the Commission
is closed on that day, then the surrender
is effective at the close of business on
the next day in which the Commission
is open.5 No applications for this site
may be submitted until after the
surrender is effective.
Dated: August 23, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–21983 Filed 8–26–11; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0848; FRL–8881–4]
Notice of Intent To Suspend Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
AGENCY:
1 18
Emcdonald on DSK2BSOYB1PROD with NOTICES
I. General Information
Notice.
DEPARTMENT OF ENERGY
16:45 Aug 26, 2011
Jkt 223001
The Notice of Intent to Suspend
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
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).
DATES:
FOR FURTHER INFORMATION CONTACT:
CFR 4.95(a) (2011).
2 The Commission issued a conduit exemption for
Project No. 11651 on June 7, 1999. Calleguas
Municipal Water District, 87 FERC ¶ 62,256 (1999).
3 See filing of July 11, 2011 by Calleguas
Municipal Water District.
4 18 CFR 4.95(c) (2011).
5 18 CFR 385.2007(a)(2) (2011).
VerDate Mar<15>2010
This notice, pursuant to
section 6(f)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), announces 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 registrant of the affected
pesticide product containing a certain
pesticide active ingredient to take
appropriate steps to secure certain data,
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 registration of the affected
product. Failure to comply with the data
requirements of a DCI is a basis for
suspension of the affected registration
under section 3(c)(2)(B) of FIFRA.
Veronica Dutch, Pesticide Re-evaluation
Division, Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8585; e-mail address:
Dutch.Veronica@epa.gov.
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
The Notice of Intent to Suspend was
sent via the U.S. Postal Service (USPS)
return receipt requested on July 19,
2011, to the registrant Drexel Chemical
Company for the product Drexel Basic
Kopper Sulfate, containing the active
ingredient copper compounds, EPA
Registration Number 19712–289.
III. Basis for Issuance of Notice of
Intent To Suspend; Requirement List
The registrant failed to submit the
required data or information or to take
other appropriate steps to secure the
required data for their pesticide product
listed in Table 1 of this unit.
SUPPLEMENTARY INFORMATION:
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Fmt 4703
Sfmt 4703
E:\FR\FM\29AUN1.SGM
29AUN1
53679
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices
TABLE 1—LIST OF REQUIREMENTS
EPA
Registration No.
Guideline
No. as listed
in applicable
DCI
19713–289 ........
19713–289 ........
830.1550
830.1600
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
........
........
........
........
........
........
........
........
........
........
830.1620
830.1650
830.1670
830.1700
830.1750
830.1800
830.6302
830.6303
830.6304
830.6313
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
........
........
........
........
........
........
........
........
........
........
........
........
........
........
........
830.6314
830.6315
830.6316
830.6317
830.6319
830.6320
830.6321
830.7000
830.7050
830.7100
830.7200
830.7220
830.7300
830.7370
830.7550
19713–289 ........
830.7570
19713–289 ........
830.7840
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
19713–289
830.7860
830.7950
870.1100
870.1200
870.1300
870.2400
870.2500
870.2600
........
........
........
........
........
........
........
........
Requirement name
Date EPA
issued DCI
Date
registrant
received
DCI
Product identity and composition ..................
Description of materials used to produce the
product.
Description of production process ................
Description of formulation process ...............
Discussion of formation of impurities ............
Preliminary analysis ......................................
Certified limits ................................................
Enforcement analytical method .....................
Color ..............................................................
Physical state ................................................
Odor ..............................................................
Stability to normal and elevated temperatures, metals, and metal ions.
Oxidizing or reducing action .........................
Flammability ..................................................
Explodability ..................................................
Storage stability .............................................
Miscibility .......................................................
Corrosion characteristics ...............................
Dielectric breakdown voltage ........................
pH ..................................................................
UV/Visible absorption ....................................
Viscosity ........................................................
Melting point/melting range ...........................
Boiling point/Boiling range ............................
Density/relative density .................................
Dissociation constants in water ....................
Partition coefficient (n-octanol/water) shake
flask method.
Partition coefficient (n-octanol/water), estimation by liquid chromategraphy.
Water solubility: Column elution method,
shake flask method.
Water solubility, generator column method ..
Vapor pressure ..............................................
Acute oral toxicity ..........................................
Acute dermal toxicity .....................................
Acute inhalation toxicity ................................
Acute eye irritation ........................................
Acute dermal irritation ...................................
Skin sensitization ..........................................
12/14/2007
12/14/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
No data received.
No data received.
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
No
No
No
No
No
No
No
No
No
No
data
data
data
data
data
data
data
data
data
data
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
data
data
data
data
data
data
data
data
data
data
data
data
data
data
data
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
received.
12/14/2007
12/24/2007
8/20/2008
No data received.
12/14/2007
12/24/2007
8/20/2008
No data received.
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/14/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
12/24/2007
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
8/20/2008
No
No
No
No
No
No
No
No
Emcdonald on DSK2BSOYB1PROD 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
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
VerDate Mar<15>2010
16:45 Aug 26, 2011
Jkt 223001
you have failed to take the actions
which are the bases of this notice and
whether the Agency’s decision
regarding the disposition of existing
stocks is consistent with FIFRA.
Therefore, no substantive allegation or
legal argument concerning other issues,
including but not limited to the
Agency’s original decision to require the
submission of data or other information,
the need for or utility of any of the
required data or other information or
deadlines imposed, any allegations of
errors or unfairness in any proceedings
before an arbitrator, and the risks and
benefits associated with continued
registration of the affected product, may
be considered in the proceeding. The
Administrative Law Judge shall by order
dismiss any objections which have no
bearing on the allowable issues which
may be considered in the proceeding.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Final data
due date
Reason for notice
of intent to
suspend
data
data
data
data
data
data
data
data
received.
received.
received.
received.
received.
received.
received.
received.
Section 3(c)(2)(B)(iv) of FIFRA provides
that any hearing must be held and a
determination issued within 75 days
after receipt of a hearing request. This
75-day period may not be extended
unless all parties in the proceeding
stipulate to such an extension. If a
hearing is properly requested, the
Agency will issue a final order at the
conclusion of the hearing governing the
suspension of your product. A request
for a hearing pursuant to this notice
must:
• Include specific objections which
pertain to the allowable issues which
may be heard at the hearing.
• Identify the registrations for which
a hearing is requested.
• Set forth all necessary supporting
facts pertaining to any of the objections
which you have identified in your
request for a hearing.
E:\FR\FM\29AUN1.SGM
29AUN1
Emcdonald on DSK2BSOYB1PROD with NOTICES
53680
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices
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 30-day deadline
as measured from your receipt of the
Notice of Intent to Suspend by mail or
publication of this notice, as set forth in
DATES and in Unit IV.1., in order to be
legally effective. The 30-day time limit
is established by FIFRA and cannot be
extended for any reason. Failure to meet
the 30-day time limit will result in
automatic suspension of your
registration by operation of law and,
under such circumstances, the
suspension of the registration for your
affected product will be final and
effective at the close of business on the
applicable 30-day deadline as measured
from your receipt of the Notice of Intent
to Suspend by mail or publication of
this notice, as set forth in DATES and in
Unit IV.1., and will not be subject to
further administrative review. The
Agency’s rules of practice at 40 CFR
164.7 forbid anyone who may take part
in deciding this case, at any stage of the
proceeding, from discussing the merits
of the proceeding ex parte with any
party or with any person who has been
connected with the preparation or
presentation of the proceeding as an
advocate or in any investigative or
expert capacity, or with any of their
representatives. Accordingly, the
following EPA offices, and the staffs
thereof, are designated as judicial staff
to perform the judicial function of EPA
in any administrative hearings on this
Notice of Intent to Suspend: The Office
of the Administrative Law Judges, the
Office of the Environmental Appeals
Board, the 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
VerDate Mar<15>2010
16:45 Aug 26, 2011
Jkt 223001
the Notice of Intent to Suspend by mail
or publication of this notice, as set forth
in DATES and in Unit IV.1., the Agency
determines that you have taken
appropriate steps to comply with the
FIFRA section 3(c)(2)(B) DCI notice. In
order to avoid suspension under this
option, you must satisfactorily comply
with Table 1—List of Requirements in
Unit III., for each product by submitting
all required supporting data/information
described in Table 1 of Unit III. 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 product. The
suspension of the registration of your
company’s product pursuant to this
notice will be rescinded when the
Agency determines you have complied
fully with the requirements which were
the bases of this notice. Such
compliance may only be achieved by
submission of the data/information
described in Table 1 of Unit II.
V. Status of Products That Become
Suspended
Your product will remain suspended,
however, until the Agency determines
you are in compliance with the
requirements which are the basis 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 the product listed in 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 product listed in Unit II.
Persons other than the registrant subject
to this notice, as defined in the
preceding sentence, may continue to
distribute, sell, use, offer for sale, hold
for sale, ship, deliver for shipment, or
receive and (having so received) deliver
or offer to deliver, to any person, the
product listed in Unit II. Nothing in this
notice authorizes any person to
distribute, sell, use, offer for sale, hold
for sale, ship, deliver for shipment, or
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
receive and (having so received) deliver
or offer to deliver, to any person, the
product listed in Unit II. in any manner
which would have been unlawful prior
to the suspension.
If the registration for your product
listed in Unit II. is 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
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: August 19, 2011.
Mary Ko Manibusan,
Acting Director, Pesticide Re-evaluation
Division, Office of Pesticide Programs.
[FR Doc. 2011–21990 Filed 8–26–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission (FCC), as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
other Federal agencies to take this
opportunity to comment on the
SUMMARY:
E:\FR\FM\29AUN1.SGM
29AUN1
]]>Agencies
[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Notices]
[Pages 53678-53680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21990]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0848; FRL-8881-4]
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), announces 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
registrant of the affected pesticide product containing a certain
pesticide active ingredient to take appropriate steps to secure certain
data, 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
registration of the affected product. Failure to comply with the data
requirements of a DCI is a basis for suspension of the affected
registration under section 3(c)(2)(B) of FIFRA.
DATES: The Notice of Intent to Suspend 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 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: Veronica Dutch, Pesticide Re-
evaluation Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8585; e-mail address:
Dutch.Veronica@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
The Notice of Intent to Suspend was sent via the U.S. Postal
Service (USPS) return receipt requested on July 19, 2011, to the
registrant Drexel Chemical Company for the product Drexel Basic Kopper
Sulfate, containing the active ingredient copper compounds, EPA
Registration Number 19712-289.
III. Basis for Issuance of Notice of Intent To Suspend; Requirement
List
The registrant failed to submit the required data or information or
to take other appropriate steps to secure the required data for their
pesticide product listed in Table 1 of this unit.
[[Page 53679]]
Table 1--List of Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Guideline
No. as Date
EPA Registration No. listed in Requirement name Date EPA registrant Final data Reason for notice of intent to
applicable issued DCI received due date suspend
DCI DCI
--------------------------------------------------------------------------------------------------------------------------------------------------------
19713-289........................ 830.1550 Product identity and 12/14/2007 12/24/2007 8/20/2008 No data received.
composition.
19713-289........................ 830.1600 Description of materials 12/14/2007 12/24/2007 8/20/2008 No data received.
used to produce the product.
19713-289........................ 830.1620 Description of production 12/14/2007 12/24/2007 8/20/2008 No data received.
process.
19713-289........................ 830.1650 Description of formulation 12/14/2007 12/24/2007 8/20/2008 No data received.
process.
19713-289........................ 830.1670 Discussion of formation of 12/14/2007 12/24/2007 8/20/2008 No data received.
impurities.
19713-289........................ 830.1700 Preliminary analysis........ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.1750 Certified limits............ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.1800 Enforcement analytical 12/14/2007 12/24/2007 8/20/2008 No data received.
method.
19713-289........................ 830.6302 Color....................... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6303 Physical state.............. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6304 Odor........................ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6313 Stability to normal and 12/14/2007 12/24/2007 8/20/2008 No data received.
elevated temperatures,
metals, and metal ions.
19713-289........................ 830.6314 Oxidizing or reducing action 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6315 Flammability................ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6316 Explodability............... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6317 Storage stability........... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6319 Miscibility................. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6320 Corrosion characteristics... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.6321 Dielectric breakdown voltage 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7000 pH.......................... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7050 UV/Visible absorption....... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7100 Viscosity................... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7200 Melting point/melting range. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7220 Boiling point/Boiling range. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7300 Density/relative density.... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 830.7370 Dissociation constants in 12/14/2007 12/24/2007 8/20/2008 No data received.
water.
19713-289........................ 830.7550 Partition coefficient (n- 12/14/2007 12/24/2007 8/20/2008 No data received.
octanol/water) shake flask
method.
19713-289........................ 830.7570 Partition coefficient (n- 12/14/2007 12/24/2007 8/20/2008 No data received.
octanol/water), estimation
by liquid chromategraphy.
19713-289........................ 830.7840 Water solubility: Column 12/14/2007 12/24/2007 8/20/2008 No data received.
elution method, shake flask
method.
19713-289........................ 830.7860 Water solubility, generator 12/14/2007 12/24/2007 8/20/2008 No data received.
column method.
19713-289........................ 830.7950 Vapor pressure.............. 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.1100 Acute oral toxicity......... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.1200 Acute dermal toxicity....... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.1300 Acute inhalation toxicity... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.2400 Acute eye irritation........ 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.2500 Acute dermal irritation..... 12/14/2007 12/24/2007 8/20/2008 No data received.
19713-289........................ 870.2600 Skin sensitization.......... 12/14/2007 12/24/2007 8/20/2008 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.
Therefore, no substantive allegation or legal argument concerning other
issues, including but not limited to the Agency's original decision to
require the submission of data or other information, the need for or
utility of any of the required data or other information or deadlines
imposed, any allegations of errors or unfairness in any proceedings
before an arbitrator, and the risks and benefits associated with
continued registration of the affected product, may be considered in
the proceeding. The Administrative Law Judge shall by order dismiss any
objections which have no bearing on the allowable issues which may be
considered in the proceeding. Section 3(c)(2)(B)(iv) of FIFRA provides
that any hearing must be held and a determination issued within 75 days
after receipt of a hearing request. This 75-day period may not be
extended unless all parties in the proceeding stipulate to such an
extension. If a hearing is properly requested, the Agency will issue a
final order at the conclusion of the hearing governing the suspension
of your product. A request for a hearing pursuant to this notice must:
Include specific objections which pertain to the allowable
issues which may be heard at the hearing.
Identify the registrations for which a hearing is
requested.
Set forth all necessary supporting facts pertaining to any
of the objections which you have identified in your request for a
hearing.
[[Page 53680]]
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 30-
day deadline as measured from your receipt of the Notice of Intent to
Suspend by mail or publication of this notice, as set forth in DATES
and in Unit IV.1., in order to be legally effective. The 30-day time
limit is established by FIFRA and cannot be extended for any reason.
Failure to meet the 30-day time limit will result in automatic
suspension of your registration by operation of law and, under such
circumstances, the suspension of the registration for your affected
product will be final and effective at the close of business on the
applicable 30-day deadline as measured from your receipt of the Notice
of Intent to Suspend by mail or publication of this notice, as set
forth in DATES and in Unit IV.1., and will not be subject to further
administrative review. The Agency's rules of practice at 40 CFR 164.7
forbid anyone who may take part in deciding this case, at any stage of
the proceeding, from discussing the merits of the proceeding ex parte
with any party or with any person who has been connected with the
preparation or presentation of the proceeding as an advocate or in any
investigative or expert capacity, or with any of their representatives.
Accordingly, the following EPA offices, and the staffs thereof, are
designated as judicial staff to perform the judicial function of EPA in
any administrative hearings on this Notice of Intent to Suspend: The
Office of the Administrative Law Judges, the Office of the
Environmental Appeals Board, the 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, as set forth in DATES
and in Unit IV.1., the Agency determines that you have taken
appropriate steps to comply with the FIFRA section 3(c)(2)(B) DCI
notice. In order to avoid suspension under this option, you must
satisfactorily comply with Table 1--List of Requirements in Unit III.,
for each product by submitting all required supporting data/information
described in Table 1 of Unit III. 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 product. The
suspension of the registration of your company's product pursuant to
this notice will be rescinded when the Agency determines you have
complied fully with the requirements which were the bases of this
notice. Such compliance may only be achieved by submission of the data/
information described in Table 1 of Unit II.
V. Status of Products That Become Suspended
Your product will remain suspended, however, until the Agency
determines you are in compliance with the requirements which are the
basis 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 the
product listed in 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 product listed in Unit II. Persons other than the registrant
subject to this notice, as defined in the preceding sentence, may
continue to distribute, sell, use, offer for sale, hold for sale, ship,
deliver for shipment, or receive and (having so received) deliver or
offer to deliver, to any person, the product listed in 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
product listed in Unit II. in any manner which would have been unlawful
prior to the suspension.
If the registration for your product listed in Unit II. is
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
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: August 19, 2011.
Mary Ko Manibusan,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-21990 Filed 8-26-11; 8:45 am]
BILLING CODE 6560-50-P
