Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Notices 34111 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What should I consider when I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What information collection activity or 

ICR does this apply to? 

Affected entities: Entities potentially 

affected by this action are NPDES 

permitted facilities. 

Title: Performance Evaluation Studies 

on Wastewater Laboratories (Renewal) 

ICR numbers: EPA ICR No. 0234.10, 

OMB Control No. 2080–0021. 

ICR status: This ICR is currently 

scheduled to expire on December 31, 

2010. An Agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information, 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register when approved, are 

listed in 40 CFR part 9, are displayed 

either by publication in the Federal 

Register or by other appropriate means, 

such as on the related collection 

instrument or form, if applicable. The 

display of OMB control numbers in 

certain EPA regulations is consolidated 

in 40 CFR part 9. 

Abstract: Discharge Monitoring 

Report-Quality Assurance (DMR–QA) 

participation is mandatory for major and 

selected minor permit holders under the 

Clean Water Act’s National Pollution 

Discharge Elimination System (NPDES), 

Section 308. The DMR–QA study is 

designed to evaluate the analytic ability 

of the laboratories that perform 

chemical, microbiological and whole 

effluent toxicity (WET) analyses 

required in the NPDES permits for 

reporting results in the Discharge 

Monitoring Reports (DMR). Under 

DMR–QA, the permit holder is 

responsible: For having their in-house 

and/or contract laboratories perform 

proficiency test samples and submit 

results for grading by proficiency testing 

(PT) providers. Graded results are 

transmitted by either the permittee or 

PT provider to the appropriate Federal 

or State NPDES regulatory authority. 

Permit holders are responsible for 

submitting corrective action reports to 

the appropriate regulatory authority. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 6.3 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 6,589. 

Frequency of response: Annual. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

41,511 hours. 

Estimated total annual costs: 

$2,461,426. This includes an estimated 

burden cost of $1,209,516 and an 

estimated cost of $1,251,910 for capital 

investment or maintenance and 

operational costs. The number of 

affected facilities is 6,589. 

Are there changes in the estimates from 

the last approval? 

There is a decrease of 5,840 hours in 

the total estimated respondent burden 

compared with that identified in the ICR 

currently approved by OMB. This 

decrease reflects EPA’s granting a 

waiver for four States to use their 

laboratory certification program as a 

substitute for the DMR–QA program. 

This resulted in a reduction in the 

average number of participants from 

7,516 to 6,589. The maintenance and 

operational cost has increased by 

$11,770 due to increased costs for 

obtaining proficiency testing samples. 

Labor costs have also been adjusted for 

inflation. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact Patrick 

Yellin. 

Dated: June 2, 2010. 

Al Havinga, 

Acting Director, Agriculture Division. 

[FR Doc. 2010–14516 Filed 6–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0443; FRL–8827–6] 

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), publishes a Notice of Intent to 

Suspend issued by EPA pursuant to 

section 3(c)(2)(B) of FIFRA. The Notice 

of Intent to Suspend was issued 

following the Agency’s issuance of a 

Data Call-In notice (DCI), which 

required the registrant of the affected 

pesticide product containing a certain 

pesticide active ingredient to take 

appropriate steps to secure certain data, 

and following the registrant failure to 

submit these data or to take other 


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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 

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), 

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 (7508P), 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–2010–0443. 

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 Date 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 PRODUCT

Registrant Affected Active Ingredient EPA Registration Number Product Name Date EPA Issued Notice of 

Intent to Suspend 

Thor GmbH 1,2-Benzisothiazolin-3-one 

(BIT) 

67071–52 Acticide MBL 5505 May 10, 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 product 

listed in Table 2 of this unit. 

TABLE 2. — LIST OF REQUIREMENTS

EPA Registration Number 

Guideline Number 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 

67071–52 830.6317 Storage Stability March 3, 2008 March 2008 December 8, 

2008 

No data received 

830.6320 Corrosion Characteristics 

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 


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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. 

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 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 30th day deadline as 

measured from the date of the Notice of 

Intent to Suspend by mail or publication 

of this notice in the Federal Register, as 

set forth in DATES and in Unit IV.1., and 

will not be subject to further 

administrative review. The Agency’s 

rules of practice at 40 CFR 164.7 forbid 

anyone who may take part in deciding 

this case, at any stage of the proceeding, 

from discussing the merits of the 

proceeding ex parte with any party or 

with any person who has been 

connected with the preparation or 

presentation of the proceeding as an 

advocate or in any investigative or 

expert capacity, or with any of their 

representatives. Accordingly, the 

following EPA offices, and the staffs 

thereof, are designated as judicial staff 

to perform the judicial function of EPA 

in any administrative hearings on this 

Notice of Intent to Suspend: The Office 

of the Administrative Law Judges, the 

Office of the Environmental Appeals 

Board, the Administrator, the Deputy 

Administrator, and the members of the 

staff in the immediate offices of the 

Administrator and Deputy 

Administrator. None of the persons 

designated as the judicial staff shall 

have any ex parte communication with 

trial staff or any other interested person 

not employed by EPA on the merits of 

any of the issues involved in this 

proceeding, without fully complying 

with the applicable regulations. 

2. You may also avoid suspension if, 

within the applicable 30–day deadline 

period as measured from your receipt of 

the Notice of Intent to Suspend by mail 

or publication of this notice, 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 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 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 registrant subject to 

this notice, including all supplemental 

registrants of the product 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 product 

listed in Table 1 of 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 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 product 

listed in Table 1 of Unit II. in any 

manner which would have been 

unlawful prior to the suspension. 

If the registration for your product 

listed in Table 1 of 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 


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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: June 3, 2010. 

Richards P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–14331 Filed 6–15–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0425; FRL–8828–8] 

Pesticide Products; Registration 

Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

previously registered pesticide 

products. Pursuant to the provisions of 

section 3(c)(4) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before July 16, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0425, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2010– 

0425. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Marianne Lewis, Registration Division 

(7505), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8043; e-mail address: 

lewis.marianne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 


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