10520 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0848; FRL–9336–1] 

Notice of Intent To Suspend Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Pursuant to section 6(f)(2) of 

the Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA), EPA is 

printing this Notice of Intent to Suspend 

Drexel Basic Copper Sulfate Technical. 

This notice is 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 the 

pesticide active ingredient, Copper 

Compounds, to take appropriate steps to 

secure certain data, and following the 

registrant’s failure to submit these data 

or to take other appropriate steps to 

secure the required data. The subject 

data were determined to be required to 

maintain in effect the existing 

registration of the affected product. 

Failure to comply with the data 

requirements of a DCI is a basis for 

suspension of the affected registration 

under section 3(c)(2)(B) of FIFRA. 

DATES: The Notice of Intent To Suspend 

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 on 

March 23, 2012 if the mailed Notice of 

Intent To Suspend is returned to the 

Administrator as undeliverable, if 

delivery is refused, or if the 

Administrator otherwise is unable to 

accomplish delivery to the registrant 

after making reasonable efforts to do so, 

unless during that time a timely and 

adequate request for a hearing is made 

by a person adversely affected by the 

Notice of Intent to Suspend or the 

registrant has satisfied the 

Administrator that the registrant has 

complied fully with the requirements 

that served as a basis for the Notice of 

Intent to Suspend. Unit IV explains 

what must be done to avoid suspension 

under this notice (i.e., how to request a 

hearing or how to comply fully with the 

requirements that served as a basis for 

the Notice of Intent to Suspend). 

FOR FURTHER INFORMATION CONTACT: 

Veronica Dutch, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8585; email address: 

dutch.veronica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, farm 

worker and agricultural advocates; the 

chemical industry; pesticide users; and 

members of the public interested in the 

sale, distribution, or use of pesticides. 

Since others also may be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2010–0848. 

Publicly available docket materials are 

available either in the electronic docket 

at 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 PRODUCTS

Registrant affected Active ingredient 

EPA 

Registration 

No. 

Product name 

Date EPA issued 

notice of intent to 

suspend 

Drexel Chemical Company .......... Copper Compounds .................... 19713–72 Drexel Basic Copper Sulfate 

Technical.

February 8, 2012. 

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 listed in Table 2 of this 

unit. 

TABLE 2—LIST OF REQUIREMENTS

EPA 

Registration 

No. 

Guideline No. 

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 

19713–72 ..... 830.1550 Product identity and composition ............ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.1600 Description of materials used to produce 

the product.

12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.1620 Description of production process ........... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.1650 Description of formulation process .......... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.1670 Discussion of formation of impurities ...... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.1700 Preliminary analysis ................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10521 

TABLE 2—LIST OF REQUIREMENTS—Continued 

EPA 

Registration 

No. 

Guideline No. 

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 

19713–72 ..... 830.1750 Certified limits .......................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.1800 Enforcement analytical method ............... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6302 Color ........................................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6303 Physical state ........................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6304 Odor ......................................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6313 Stability to normal and elevated temperatures, metals, and metal ions.12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6314 Oxidizing or reducing action .................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6315 Flammability ............................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6316 Explodability ............................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6317 Storage stability ....................................... 12/14/2007 12/24/2007 8/20/2008 No data received.

19713–72 ..... 830.6319 Miscibility .................................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6320 Corrosion characteristics ......................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.6321 Dielectric breakdown voltage ................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7000 pH ............................................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7050 UV/Visible absorption .............................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7100 Viscosity ................................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7200 Melting point/melting range ..................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7220 Boiling point/Boiling range ....................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7300 Density/relative density ............................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7370 Dissociation constants in water ............... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7550 Partition coefficient (n-octanol/water) 

shake flask method.

12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7570 Partition coefficient (n-octanol/water), estimation by liquid chromatography.12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7840 Water solubility: Column elution method, 

shake flask method.

12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7860 Water solubility, generator column method.12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 830.7950 Vapor pressure ........................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 870.1100 Acute Oral Toxicity .................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 870.1200 Acute dermal toxicity ............................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 870.1300 Acute inhalation toxicity ........................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 870.2400 Acute eye irritation ................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 870.2500 Acute dermal irritation .............................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–72 ..... 870.2600 Skin sensitization ..................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

IV. How to avoid suspension under this 

notice? 

1. You may avoid suspension under 

this notice if you or another person 

adversely affected by this notice 

properly request a hearing within 30 

days of your receipt of the Notice of 

Intent To Suspend by mail or, if you did 

not receive the notice that was sent to 

you via USPS first class mail return 

receipt requested, then within 30 days 

from the date of publication of this 

notice in the Federal Register (see 

DATES). If you request a hearing, it will 

be conducted in accordance with the 

requirements of section 6(d) of FIFRA 

and the Agency’s procedural regulations 

in 40 CFR part 164. Section 3(c)(2)(B) of 

FIFRA, however, provides that the only 

allowable issues which may be 

addressed at the hearing are whether 

you have failed to take the actions 

which are the bases of this notice and 

whether the Agency’s decision 

regarding the disposition of existing 

stocks is consistent with FIFRA. 

Therefore, no substantive allegation or 

legal argument concerning other issues, 

including but not limited to the 

Agency’s original decision to require the 

submission of data or other information, 

the need for or utility of any of the 

required data or other information or 

deadlines imposed, any allegations of 

errors or unfairness in any proceedings 

before an arbitrator, and the risks and 

benefits associated with continued 

registration of the affected product, may 

be considered in the proceeding. The 

Administrative Law Judge shall by order 

dismiss any objections which have no 

bearing on the allowable issues which 

may be considered in the proceeding. 

Section 3(c)(2)(B)(iv) of FIFRA provides 

that any hearing must be held and a 

determination issued within 75 days 

after receipt of a hearing request. This 

75-day period may not be extended 

unless all parties in the proceeding 

stipulate to such an extension. If a 

hearing is properly requested, the 

Agency will issue a final order at the 

conclusion of the hearing governing the 

suspension of your product. A request 

for a hearing pursuant to this notice 

must: 

• Include specific objections which 

pertain to the allowable issues which 

may be heard at the hearing. 

• Identify the registrations for which 

a hearing is requested. 

• Set forth all necessary supporting 

facts pertaining to any of the objections 

which you have identified in your 

request for a hearing. 

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 


srobinson on DSK4SPTVN1PROD with NOTICES
10522 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

Suspend by mail or publication of this 

notice, as set forth in the DATES section 

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 your receipt of the 

Notice of Intent to Suspend by mail or 

publication of this notice in the Federal 

Register, as set forth in the DATES

section and in Unit IV.1., and will not 

be subject to further administrative 

review. The Agency’s rules of practice at 

40 CFR 164.7 forbid anyone who may 

take part in deciding this case, at any 

stage of the proceeding, from discussing 

the merits of the proceeding ex parte 

with any party or with any person who 

has been connected with the 

preparation or presentation of the 

proceeding as an advocate or in any 

investigative or expert capacity, or with 

any of their representatives. 

Accordingly, the following EPA offices, 

and the staffs thereof, are designated as 

judicial staff to perform the judicial 

function of EPA in any administrative 

hearings on this Notice of Intent to 

Suspend: The Office of the 

Administrative Law Judges, the Office of 

the Environmental Appeals Board, the 

Administrator, the Deputy 

Administrator, and the members of the 

staff in the immediate offices of the 

Administrator and Deputy 

Administrator. None of the persons 

designated as the judicial staff shall 

have any ex parte communication with 

trial staff or any other interested person 

not employed by EPA on the merits of 

any of the issues involved in this 

proceeding, without fully complying 

with the applicable regulations. 

2. You may also avoid suspension if, 

within the applicable 30-day deadline 

period as measured from your receipt of 

the Notice of Intent to Suspend by mail 

or publication of this notice in the 

Federal Register, as set forth in the 

DATES section 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 

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 

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: February 10, 2012. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2012–3930 Filed 2–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being Reviewed 

by the Federal Communications 

Commission 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Federal Communications 

Commission (FCC), as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

other Federal agencies to take this 

opportunity to comment on the 

following information collection, as 

required by the Paperwork Reduction 

Act (PRA) of 1995. Comments are 

requested concerning (a) whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimate; (c) 

ways to enhance the quality, utility, and 


srobinson on DSK4SPTVN1PROD with NOTICES