6462 Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices 

Review Period Ends: 03/07/2011, 

Contact: Bart Vernace, 407–812–6331. 

EIS No. 20110028, Draft EIS, USFS, OR, 

Howard Elliot Johnson Fuel and 

Vegetation Management Project, 

Proposed Fuels and Vegetation 

Treatments Reduce the Risk of Stand 

Loss Due to Overly Dense Stand 

Condition, Crook County, OR, 

Comment Period Ends: 03/21/2011, 

Contact: Marcy Anderson, 541–416– 

6463. 

EIS No. 20110029, Revised Final EIS, 

USACE, FL, C–111 Spreader Canal 

Western Project, To Restore 

Ecosystem Function in Taylor Slough 

and Florida Bay Areas, Central and 

Southern Florida Project, 

Comprehensive Everglades 

Restoration Plan (CERP), Everglades 

National Park, Miami-Dade County, 

FL, Review Period Ends: 03/07/2011, 

Contact: Brad Tarr, 904–232–3582. 

EIS No. 20110030, Draft EIS, USFS, CA, 

Keddie Ridge Hazardous Fuels 

Reduction Project, Implementation, 

Plumas National Forest, Mt. Hough 

District, Plumas County, CA, 

Comment Period Ends: 03/21/2011, 

Contact: Katherine Carpenter, 530– 

283–7619. 

EIS No. 20110031, Final EIS, USA, 00, 

PROGRAMMATIC—Growth, 

Realignment, and Stationing of Army 

Aviation Assets, Evaluates 

Environmental Impacts of Stationing 

Army Combat Aviation Brigade at 

Fort Carson, CO and Joint Base LewisMcChord, WA, Review Period Ends: 

03/07/2011, Contact: Mike 

Ackerman, 210–295–2273. 

Amended Notices 

EIS No. 20100045, Draft Supplement, 

BIA, CA, WITHDRAWN—Campo 

Regional Landfill Project, 

Construction and Operation, Permit 

Lease and Sublease Use of 

Reservation Land, Campo Indian 

Reservation, San Diego County, CA, 

Comment Period Ends: 05/12/2010, 

Contact: John Rydzik, 916–978–6051. 

Revision to FR Notice 02/26/2010: 

This EIS is Withdrawn by the Bureau 

of Indian Affairs. 

EIS No. 20100480, Draft Supplement, 

USFS, VT, Deerfield Wind Project, 

Updated Information, Application for 

a Land Use Authorization to 

Construct and Operate a Wind Energy 

Facility, Special Use Authorization 

Permit, Towns of Searsburg and 

Readsboro, Manchester Ranger 

District, Green Mountain National 

Forest, Bennington County, VT, 

Comment Period Ends: 03/04/2011, 

Contact: Bob Bayer, 802–362–2307 

Ext. 218. Revision to FR Notice 

Published 12/23/2010: Extending 

Comment Period from 02/18/2011 to 

03/04/2011. 

Dated: February 1, 2011. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2011–2510 Filed 2–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0306; FRL–8861–5] 

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 notices of intent to 

suspend issued by EPA pursuant to 

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

of Intent to Suspend were 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 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, 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–2010–0306. 

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. Registrants Issued Notices of Intent 

To Suspend, Active Ingredients, 

Products Affected, and Dates Issued 

The Notice of Intent to Suspend was 

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

return receipt requested to the 

registrants for the products listed in 

Table 1 of this unit. 


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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices 6463 

TABLE 1—LIST OF PRODUCTS

Registrant affected Active ingredient EPA registration 

No. Product name 

Date EPA issued 

notice of intent to 

suspend 

The Fountainhead Group, Inc ................... Resmethrin ....... 53853–1 Burgess Insect Fog ................................... 12/22/10 

AMREP, Inc ............................................... Resmethrin ....... 10807–74 Misty Delete 3% Multipurpose Spray ....... 12/22/10 

10807–101 Repco-Tox Space Spray Insecticide ........ 12/22/10 

10807–107 Fog Kill Oil Base Insecticide ..................... 12/22/10 

10807–110 Aqua-Kill Insecticide ................................. 12/22/10 

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

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 * 

53853–1, 10807–74, 

10807–101, 

10807–107, 

10807–110.

830.1550 Product identity and 

composition.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.1600 Description of materials used to 

produce the product.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.1620 Description of production process.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.1650 Description of formulation process.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.1670 Discussion of formation of impurities.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.1700 Preliminary analysis June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.1750 Certified limits .......... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.1800 Enforcement analytical method.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6302 Color ......................... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6303 Physical state ........... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6304 Odor ......................... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6313 Stability to normal 

and elevated temperatures, metals, 

and metal ions.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6314 Oxidizing or reducing 

action.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6315 Flammability ............. June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6316 Explodability ............. June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6317 Storage stability ....... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6319 Miscibility .................. June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6320 Corrosion characteristics.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.6321 Dielectric breakdown 

voltage.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7000 pH ............................. June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7050 UV/Visible absorption June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7100 Viscosity ................... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7200 Melting point/melting 

range.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7220 Boiling point/Boiling 

range.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 ..

830.7300 Density/relative density.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7370 Dissociation constants in water.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7550 Partition coefficient 

(n-octanol/water) 

shake flask method.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 


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6464 Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices 

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 * 

830.7570 Partition coefficient 

(n-octanol/water), 

estimation by liquid 

chromatography.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7840 Water solubility: Column elution method, shake flask 

method.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7860 Water solubility, generator column 

method.

June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

830.7950 Vapor pressure ........ June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

870.1100 Acute oral toxicity ..... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

870.1200 Acute dermal toxicity June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

870.1300 Acute inhalation toxicity.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

870.2400 Acute eye irritation ... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

870.2500 Acute dermal irritation.June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. No data received. 

870.2600 Skin sensitization ..... June 26, 2009 .. June 29, 2009 .. March 1, 2010 .. 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 

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 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 


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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices 6465 

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 registrations of your 

company’s products 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 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 26, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–2406 Filed 2–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0012; FRL–8858–7] 

Notice of Receipt of Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of several initial filings 

of pesticide petitions proposing the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before March 7, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, 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 

the docket ID number and the pesticide 

petition number of interest as shown in 

the body of this document. 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 e-mail. The 

regulations.gov Web site 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 


srobinson on DSKHWCL6B1PROD with NOTICES