3130 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 

DATES: Comments on this notice must be 

received by EPA at the address listed 

below by February 3, 2011. 

FOR FURTHER INFORMATION CONTACT: 

David Read, Attorney Advisor, 

Environmental Protection Agency, 

National Vehicle Fuel Emissions 

Laboratory, Office of Air and Radiation, 

2565 Plymouth Road, Ann Arbor, MI 

48105, telephone (734) 214–4367. 

Dated: January 12, 2011. 

Geoff Cooper, 

Assistant General Counsel, General Law 

Office. 

[FR Doc. 2011–1016 Filed 1–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–1023; FRL–8858–6] 

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 registrants of the affected 

pesticide products 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 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: The 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 February 

18, 2011 (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: 

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–2010–1023. 

Publicly available docket materials are 

available either in the electronic docket 

at http://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 Dates Issued 

The Notice of Intent to Suspend was 

sent via the U.S. Postal Service (USPS) 

return receipt requested to the registrant 

for the product listed in Table 1 of this 

unit. 

TABLE 1—LIST OF PRODUCTS

Registrant affected Active ingredient EPA registration 

number Product name Date EPA issued notice of intent to suspend 

Stet Acquisition, Inc ............... Rotenone ............................... 74343–1 True Stop Insecticide ............ December 6, 2010 

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 

products listed in Table 2 of this unit. 

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 3131 

TABLE 2—LIST OF REQUIREMENTS

EPA registration 

number 

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 * 

74343–1 ........... 830.1550 Product identity and 

composition.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.1600 Description of materials used to 

produce the product.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.1620 Description of production process.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.1650 Description of formulation process.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.1670 Discussion of formation of impurities.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.1700 Preliminary analysis January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.1750 Certified limits ......... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.1800 Enforcement analytical method.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6302 Color ....................... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6303 Physical state ......... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6304 Odor ....................... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6313 Stability to normal 

and elevated temperatures, metals, 

and metal ions.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6314 Oxidizing or reducing action.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6315 Flammability ........... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6316 Explodability ........... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6317 Storage stability ...... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6319 Miscibility ................ January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6320 Corrosion characteristics.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.6321 Dielectric breakdown voltage.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7000 pH ........................... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7050 UV/Visible absorption.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7100 Viscosity ................. January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7200 Melting point/melting range.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7220 Boiling point/Boiling 

range.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7300 Density/relative density.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7370 Dissociation constants in water.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7550 Partition coefficient 

(n-octanol/water) 

shake flask method.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7570 Partition coefficient 

(n-octanol/water), 

estimation by liquid chromatography.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7840 Water solubility: 

Column elution 

method, shake 

flask method.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7860 Water solubility, 

generator column 

method.

January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

830.7950 Vapor pressure ....... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

870.1100 Acute Oral Toxicity January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

870.1200 Acute dermal toxicity.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

870.1300 Acute inhalation toxicity.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

870.2400 Acute eye irritation January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

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3132 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 

TABLE 2—LIST OF REQUIREMENTS—Continued 

EPA registration 

number 

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 * 

870.2500 Acute dermal irritation.January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

870.2600 Skin sensitization ... January 21, 2010 ... January 29, 2010 ... September 30, 2010 No data received. 

IV. How To Avoid Suspension Under 

this Notice? 

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 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 

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, 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 registrations 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 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. 

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 registrations of your 

company’s products pursuant to this 

notice will be rescinded when the 

Agency determines you have complied 

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 3133 

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) DCI 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) DCI 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: January 10, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–935 Filed 1–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9254–5] 

Science Advisory Board Staff Office; 

Notification of a Public Teleconference 

of the Science Advisory Board Nutrient 

Criteria Review Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces a 

public teleconference of the SAB 

Nutrient Criteria Review Panel. The 

Panel will discuss its draft report 

reviewing EPA’s technical support 

document on development of numeric 

nutrient criteria for Florida’s estuarine 

and coastal waters, and southern canals. 

DATES: The public teleconference will 

be held on Monday, February 7, 2011, 

from 2 p.m. to 5 p.m. (Eastern Time). 

ADDRESSES: The public teleconference 

will be conducted by telephone only. 

FOR FURTHER INFORMATION CONTACT: 

Members of the public who wish to 

obtain further information about this 

meeting may contact Ms. Stephanie 

Sanzone, Designated Federal Officer 

(DFO), EPA Science Advisory Board 

Staff Office (1400R), 

U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; by 

telephone/voice mail: (202) 564–2067 or 

via e-mail at 

sanzone.stephanie@epa.gov. General 

information about the SAB is available 

on the SAB Web site at http:// 

www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act 

(FACA), 5 U.S.C., App. 2, notice is 

hereby given that the SAB Nutrient 

Criteria Review Panel will hold a public 

teleconference to discuss its draft 

review report on the EPA draft technical 

support document (TSD), Methods and 

Approaches for Deriving Numeric 

Criteria for Nitrogen/Phosphorus 

Pollution in Florida’s Estuaries, Coastal 

Waters, and Southern Inland Flowing 

Waters. The draft TSD describes 

methods and approaches for developing 

numeric nutrient criteria for Florida’s 

estuarine and coastal waters, 

downstream protection values in 

streams to protect those waters, and 

criteria for flowing waters in the south 

Florida region (including canals). The 

Nutrient Criteria Review Panel met on 

December 13–14, 2010 (75 FR 66759) to 

receive technical briefings from the 

Agency, hear public comments, and 

deliberate on responses to the charge 

questions posed by the Agency. The 

purpose of the February 7 

teleconference is for the Panel to discuss 

its draft report on the review of EPA’s 

draft TSD. Background on this advisory 

activity is available on the SAB Web site 

at http://yosemite.epa.gov/sab/ 

sabproduct.nsf/fedrgstr_activities/

FL%20Estuaries%

20TSD?OpenDocument. 

The SAB was established pursuant to 

42 U.S.C. 4365 to provide independent 

scientific and technical advice to the 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB is a Federal Advisory Committee 

chartered under FACA. The SAB 

Nutrient Criteria Review Panel will 

provide advice through the chartered 

SAB. The SAB Panel will comply with 

the provisions of FACA and all 

appropriate SAB Staff Office procedural 

policies. 

Availability of Meeting Materials: The 

EPA draft technical support document 

is available on the SAB Web site at 

http://yosemite.epa.gov/sab/sabproduct.

nsf/fedrgstr_activities/FL%20

Estuaries%20TSD?OpenDocument. The 

EPA Office of Water technical contact 

for the draft TSD is Elizabeth Behl, at 

(202) 566–0788, or via e-mail at 

behl.betsy@epa.gov. The draft Panel 

advisory report and the meeting agenda 

for the February teleconference will be 

posted on the SAB Web site at http:// 

www.epa.gov/sab in advance of the 

meeting. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s Federal advisory committees and 

panels have a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a Federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. 

Federal advisory committees and 

panels, including scientific advisory 

committees, provide independent 

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