4844 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 

1Alabama Power Co., 130 FERC ¶ 62,271 (2010) 

(March 31 Order). 

2Alabama Power Co., 141 FERC ¶ 61,127 (2012) 

(November 15 Order). 

3See, 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)). 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2165–049] 

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] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

National Nuclear Security 

Administration 

Defense Programs Advisory 

Committee 

AGENCY: National Nuclear Security 

Administration, Office of Defense 

Programs, Department of Energy. 

ACTION: Notice of Intent to Establish the 

Defense Programs Advisory Committee 

(DPAC). 

SUMMARY: 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 

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 

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), 


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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 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 http://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 http://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 

EPA 

Registration 

No. 

Product name 

Date EPA issued 

notice of intent 

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

Registrant affected 

EPA 

Registration 

No. 

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* 

Adams Technology Systems.7754–41 830.1550 Product identity and 

composition.

6/16/09 6/25/09 3/16/10 1,3 

CTX Cenol Corporation .. 45385–93 830.1600 Description of materials 

used to produce the 

product.

6/16/09 6/25/09 3/16/10 1,3 

830.1620 Description of production 

process.

6/16/09 6/25/09 3/16/10 1,3 

830.1650 Description of formulation process.6/16/09 6/25/09 3/16/10 1,3 

830.1670 Discussion of formation 

of impurities.

6/16/09 6/25/09 3/16/10 1,3 

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 

method.

6/16/09 6/25/09 3/16/10 1,3 

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 

elevated temperatures, 

metals, and metal ions.

6/16/09 6/25/09 3/16/10 1,3 

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 


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4846 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 

TABLE 2—LIST OF REQUIREMENTS—Continued 

Registrant affected 

EPA 

Registration 

No. 

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* 

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 

water.

6/16/09 6/25/09 3/16/10 1,3 

830.7550 Partition coefficient (noctanol/water) shake 

flask method.

6/16/09 6/25/09 3/16/10 1,3 

830.7570 Partition coefficient (noctanol/water) estimation by liquid chromatography.6/16/09 6/25/09 3/16/10 1,3 

830.7840 Water solubility: Column 

elution method, shake 

flask method.

6/16/09 6/25/09 3/16/10 1,3 

830.7860 Water solubility, generator column method.6/16/09 6/25/09 3/16/10 1,3 

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 


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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 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 

FARM CREDIT SYSTEM INSURANCE 

CORPORATION 

Board Meeting 

AGENCY: Farm Credit System Insurance 

Corporation. 

SUMMARY: Notice is hereby given of the 

regular meeting of the Farm Credit 

System Insurance Corporation Board 

(Board). 

DATE AND TIME: 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 


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