Notice of Intent To Suspend Certain Pesticide Registrations, 4844-4847 [2013-01311]
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices
DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
National Nuclear Security
Administration
[Project No. 2165–049]
Defense Programs Advisory
Committee
Alabama Power Company; Notice
Rejecting Request for Rehearing
On March 31, 2010, the Commission
issued a new license to Alabama Power
Company (Alabama Power) for the
continued operation and maintenance of
the Warrior River Hydroelectric Project
No. 2165, located on the Black Warrior
River and on the Sipsey Fork of the
Black Warrior River, in Cullman,
Walker, Winston, and Tuscaloosa
Counties, Alabama.1 The Smith Lake
Improvement and Stakeholders
Association (Lake Association) filed a
timely request for rehearing of the order,
and on November 15, 2012, the
Commission issued an order denying
rehearing and providing clarification of
the March 31 Order. 2 On December 17,
2012, the Lake Association filed a
timely request for rehearing of the
November 15 Order.
Rehearing of an order on rehearing
lies when the later order modifies the
result reached in the original order in a
manner that gives rise to a wholly new
objection.3 The November 15 Order
does not modify the result of the March
31 Order. Further, the arguments Lake
Association makes in its rehearing
request were considered and denied in
the November 15 Order. Therefore, the
request for rehearing by the Lake
Association is rejected.
This notice constitutes final agency
action. Requests for rehearing by the
Commission of this rejection must be
filed within 30 days of the date of
issuance of this notice pursuant to
section 313(a) of the Federal Power Act,
16 U.S.C. 825l (2006), and section
385.713 of the Commission’s
regulations, 18 CFR 385.713 (2012).
Dated: January 16, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013–01287 Filed 1–22–13; 8:45 am]
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BILLING CODE 6717–01–P
1 Alabama Power Co., 130 FERC ¶ 62,271 (2010)
(March 31 Order).
2 Alabama Power Co., 141 FERC ¶ 61,127 (2012)
(November 15 Order).
3 See, e.g., Union Electric Company d/b/a
AmerenUE, 114 FERC ¶ 61,230, at 61,745–46
(2006); Duke Power, 114 FERC ¶ 61,148, at P 1
(2006); Gustavus Electric Co., 111 FERC ¶ 61,424,
at P 3 (2005); Symbiotic, L.L.C., 99 FERC ¶ 61,064,
at 61,300 (2002); and PacifiCorp, 99 FERC ¶ 61,015,
at 61,052 (2002). See also Southern Natural Gas Co.
v. FERC, 877 F.2d 1066, 1073 (DC Cir. 1999) (citing
Tennessee Gas Pipeline v. FERC, 871 F.2d 1109–10
(D.C. Cir. 1988)).
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National Nuclear Security
Administration, Office of Defense
Programs, Department of Energy.
ACTION: Notice of Intent to Establish the
Defense Programs Advisory Committee
(DPAC).
AGENCY:
Pursuant to Section
14(a)(2)(A) of the Federal Advisory
Committee Act (Pub. L. 92–463), and in
accordance with Title 41, Code of
Federal Regulations, § 102–3.65, and
following consultation with the
Committee Management Secretariat,
General Services Administration, notice
is hereby given that the Defense
Programs Advisory Committee (DPAC)
will be established. The DPAC will
provide advice and recommendations to
the Deputy Administrator for Defense
Programs on the stewardship and
maintenance of the Nation’s nuclear
deterrent.
Additionally, the establishment of the
Committee has been determined to be
essential to the conduct of the
Department’s business and to be in the
public interest in connection with the
performance of duties imposed upon the
Department of Energy by law and
agreement. The Committee will operate
in accordance with the provisions of the
Federal Advisory Committee Act and
the rules and regulations in
implementation of that Act.
SUPPLEMENTARY INFORMATION: The
activities of the DPAC will include, but
are not limited to:
a. Periodic reviews of the diverse,
scientific and technical activities of the
Office of Defense Programs including.
b. Ongoing analysis of the DP mission
and its foundation in national strategic
policy (including the Nuclear Posture
Review, provisions of the New START
Treaty and other relevant treaties).
c. Potential application of DP
capabilities to broader national security
issues.
d. Analysis of DP management issues,
including facility operations and fiscal
matters.
e. Where appropriate, analysis of
issues of broader concern to NNSA.
DPAC is expected to be continuing in
nature. The Deputy Administrator for
Defense Programs will appoint no more
than 15 members. Members will be
selected to achieve a balanced
committee of scientific and technical
experts in fields relevant to the Office of
SUMMARY:
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Fmt 4703
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Defense Programs. All members must
possess a ‘‘Q’’ clearance.
The DPAC is expected to meet
approximately two to four times per
year. It is anticipated that certain DPAC
meetings will be closed to the public
due to the classified nature of the
Committee’s discussions. Meetings will
be closed in accordance with FACA and
its implementing regulations.
Subcommittees may be utilized.
FOR FURTHER INFORMATION CONTACT:
COL. Mark Visosky at (202) 287–5270.
Issued in Washington, DC on January 15,
2013.
Carol A. Matthews,
Committee Management Officer.
[FR Doc. 2013–01253 Filed 1–22–13; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0848; FRL–9374–6]
Notice of Intent To Suspend Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice, pursuant to the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), publishes two
notices of intent to suspend issued by
EPA. Each 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 containing a
certain pesticide active ingredient to
take appropriate steps to secure certain
data, and following the registrants’
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 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
after making reasonable efforts to do so),
SUMMARY:
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices
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 (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8585;
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.
B. How can I get copies of this document
and other related information?
The docket for this action, identified
by docket identification (ID) number
EPA–HQ–OPP–2010–0848, is available
at https://www.regulations.gov or at the
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
II. Registrants Issued Notices of Intent
To Suspend Active Ingredient, Products
Affected, and Dates Issued
The Notices of Intent to Suspend were
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
Registrant affected
Active ingredient
Adams Technology Systems ...................................
CTX Cenol Corporation ...........................................
EPA
Registration
No.
MGK–264 .......................
MGK–264 .......................
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
7754–41
45385–93
Date EPA issued
notice of intent
to suspend
Product name
Bug Barrier II ..................
CTX/Cyber Blast ............
12/11/12
12/11/12
other appropriate steps to secure the
required data for their pesticide
products listed in Table 2 of this unit.
TABLE 2—LIST OF REQUIREMENTS
Registrant affected
EPA
Registration
No.
Adams Technology Systems.
CTX Cenol Corporation ..
Guideline
number as
listed in applicable DCI
7754–41
830.1550
45385–93
830.1600
830.1620
830.1650
830.1670
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830.1700
830.1750
830.1800
830.6302
830.6303
830.6304
830.6313
830.6314
830.6315
830.6316
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Requirement
name
Date EPA
issued 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 ...................
Frm 00018
Fmt 4703
Sfmt 4703
Date registrant
received
DCI
Final data
due date
Reason for
notice of
intent to
suspend*
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/16/09
6/16/09
6/25/09
6/25/09
6/25/09
3/16/10
3/16/10
3/16/10
1,3
1,3
1,3
6/16/09
6/16/09
6/16/09
6/16/09
6/25/09
6/25/09
6/25/09
6/25/09
3/16/10
3/16/10
3/16/10
3/16/10
1,3
1,3
1,3
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/16/09
6/25/09
6/25/09
3/16/10
3/16/10
1,3
1,3
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices
TABLE 2—LIST OF REQUIREMENTS—Continued
Registrant affected
Guideline
number as
listed in applicable DCI
EPA
Registration
No.
830.6317
830.6319
830.6320
830.6321
830.7000
830.7050
830.7100
830.7200
830.7220
830.7300
830.7370
830.7550
830.7570
830.7840
830.7860
830.7950
870.1100
870.1200
870.1300
870.2400
870.2500
870.2600
Requirement
name
Date EPA
issued DCI
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 (noctanol/water) shake
flask method.
Partition coefficient (noctanol/water) estimation by liquid chromatography.
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 ...........
Date registrant
received
DCI
Final data
due date
Reason for
notice of
intent to
suspend*
6/16/09
6/16/09
6/16/09
6/16/09
6/25/09
6/25/09
6/25/09
6/25/09
3/16/10
3/16/10
3/16/10
3/16/10
1,3
1,3
1,3
1,3
6/16/09
6/16/09
6/16/09
6/16/09
6/25/09
6/25/09
6/25/09
6/25/09
3/16/10
3/16/10
3/16/10
3/16/10
1,3
1,3
1,3
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/16/09
6/25/09
6/25/09
3/16/10
3/16/10
1,3
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/25/09
3/16/10
1,3
6/16/09
6/16/09
6/16/09
6/16/09
6/16/09
6/16/09
6/16/09
6/25/09
6/25/09
6/25/09
6/25/09
6/25/09
6/25/09
6/25/09
3/16/10
3/16/10
3/16/10
3/16/10
3/16/10
3/16/10
3/16/10
1,3
1,3
1,3
1,3
1,3
1,3
1,3
*1 No 90-day response received.
2 Inadequate 90-day response received.
3 No data received.
4 Inadequate data received.
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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 FIFRA section 6(d) 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
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15:22 Jan 22, 2013
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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
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Fmt 4703
Sfmt 4703
Agency will issue a final order at the
conclusion of the hearing governing the
suspension of your products. A request
for a hearing pursuant to this notice
must:
• 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
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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices
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(s) by operation of law and,
under such circumstances, the
suspension of the registration for your
affected product(s) will be final and
effective at the close of business 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, 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) Data Call-In
notice. In order to avoid suspension
under this option, you must
satisfactorily comply with Table 2—List
of Requirements in Unit II., for each
product by submitting all required
supporting data/information described
in Table 2. of Unit. II. and in the
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15:22 Jan 22, 2013
Jkt 229001
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 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 2 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 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,
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4847
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 FIFRA sections
3(c)(2)(B) and 6(f)(2), 7 U.S.C. 136 et
seq.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: January 10, 2013.
Michael Goodis,
Acting Director, Pesticide Re-evaluation
Division, Office of Pesticide Programs.
[FR Doc. 2013–01311 Filed 1–22–13; 8:45 am]
BILLING CODE P
FARM CREDIT SYSTEM INSURANCE
CORPORATION
Board Meeting
Farm Credit System Insurance
Corporation.
SUMMARY: Notice is hereby given of the
regular meeting of the Farm Credit
System Insurance Corporation Board
(Board).
AGENCY:
The meeting of the Board
will be held at the offices of the Farm
Credit Administration in McLean,
Virginia, on January 24, 2013, from 9:00
a.m. until such time as the Board
concludes its business.
FOR FURTHER INFORMATION CONTACT: Dale
L. Aultman, Secretary to the Farm
Credit System Insurance Corporation
Board, (703) 883–4009, TTY (703) 883–
4056.
ADDRESSES: Farm Credit System
Insurance Corporation, 1501 Farm
Credit Drive, McLean, Virginia 22102.
SUPPLEMENTARY INFORMATION: This
meeting of the Board will be open to the
DATE AND TIME:
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]]>Agencies
[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4844-4847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01311]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0848; FRL-9374-6]
Notice of Intent To Suspend Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice, pursuant to the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA), publishes two notices of intent to suspend
issued by EPA. Each 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 containing a certain
pesticide active ingredient to take appropriate steps to secure certain
data, and following the registrants' 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 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 after making reasonable efforts to do so),
[[Page 4845]]
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 (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8585;
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.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0848, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at https://www.epa.gov/dockets.
II. Registrants Issued Notices of Intent To Suspend Active Ingredient,
Products Affected, and Dates Issued
The Notices of Intent to Suspend were 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 Date EPA issued
Registrant affected Active ingredient Registration Product name notice of intent
No. to suspend
----------------------------------------------------------------------------------------------------------------
Adams Technology Systems......... MGK-264............. 7754-41 Bug Barrier II...... 12/11/12
CTX Cenol Corporation............ MGK-264............. 45385-93 CTX/Cyber Blast..... 12/11/12
----------------------------------------------------------------------------------------------------------------
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 for
their pesticide products listed in Table 2 of this unit.
Table 2--List of Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Guideline
EPA number as Date Reason for
Registrant affected Registration listed in Requirement name Date EPA registrant Final data notice of
No. applicable issued DCI received due date intent to
DCI DCI suspend*
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adams Technology Systems................. 7754-41 830.1550 Product identity and 6/16/09 6/25/09 3/16/10 1,3
composition.
CTX Cenol Corporation.................... 45385-93 830.1600 Description of materials 6/16/09 6/25/09 3/16/10 1,3
used to produce the product.
.............. 830.1620 Description of production 6/16/09 6/25/09 3/16/10 1,3
process.
.............. 830.1650 Description of formulation 6/16/09 6/25/09 3/16/10 1,3
process.
.............. 830.1670 Discussion of formation of 6/16/09 6/25/09 3/16/10 1,3
impurities.
.............. 830.1700 Preliminary analysis........ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.1750 Certified limits............ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.1800 Enforcement analytical 6/16/09 6/25/09 3/16/10 1,3
method.
.............. 830.6302 Color....................... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6303 Physical state.............. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6304 Odor........................ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6313 Stability to normal and 6/16/09 6/25/09 3/16/10 1,3
elevated temperatures,
metals, and metal ions.
.............. 830.6314 Oxidizing or reducing action 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6315 Flammability................ 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6316 Explodability............... 6/16/09 6/25/09 3/16/10 1,3
[[Page 4846]]
.............. 830.6317 Storage stability........... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6319 Miscibility................. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6320 Corrosion characteristics... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.6321 Dielectric breakdown voltage 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7000 pH.......................... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7050 UV/Visible absorption....... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7100 Viscosity................... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7200 Melting point/melting range. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7220 Boiling point/boiling range. 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7300 Density/relative density.... 6/16/09 6/25/09 3/16/10 1,3
.............. 830.7370 Dissociation constants in 6/16/09 6/25/09 3/16/10 1,3
water.
.............. 830.7550 Partition coefficient (n- 6/16/09 6/25/09 3/16/10 1,3
octanol/water) shake flask
method.
.............. 830.7570 Partition coefficient (n- 6/16/09 6/25/09 3/16/10 1,3
octanol/water) estimation
by liquid chromatography.
.............. 830.7840 Water solubility: Column 6/16/09 6/25/09 3/16/10 1,3
elution method, shake flask
method.
.............. 830.7860 Water solubility, generator 6/16/09 6/25/09 3/16/10 1,3
column method.
.............. 830.7950 Vapor pressure.............. 6/16/09 6/25/09 3/16/10 1,3
.............. 870.1100 Acute oral toxicity......... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.1200 Acute dermal toxicity....... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.1300 Acute inhalation toxicity... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.2400 Acute eye irritation........ 6/16/09 6/25/09 3/16/10 1,3
.............. 870.2500 Acute dermal irritation..... 6/16/09 6/25/09 3/16/10 1,3
.............. 870.2600 Skin sensitization.......... 6/16/09 6/25/09 3/16/10 1,3
--------------------------------------------------------------------------------------------------------------------------------------------------------
*\1\ No 90-day response received.
\2\ Inadequate 90-day response received.
\3\ No data received.
\4\ Inadequate 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 FIFRA section 6(d) 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 products. 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
[[Page 4847]]
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(s) by operation of law and, under such
circumstances, the suspension of the registration for your affected
product(s) will be final and effective at the close of business 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, 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) Data
Call-In notice. In order to avoid suspension under this option, you
must satisfactorily comply with Table 2--List of Requirements in Unit
II., for each product by submitting all required supporting data/
information described in Table 2. of Unit. II. 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 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 2 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
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
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 FIFRA
sections 3(c)(2)(B) and 6(f)(2), 7 U.S.C. 136 et seq.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: January 10, 2013.
Michael Goodis,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-01311 Filed 1-22-13; 8:45 am]
BILLING CODE P
