### 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 atFort 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BIA, CA, WITHDRAWN—Campo Regional Landfill Project, Construction and Operation, Permit Lease and Sublease Use of Reservation Land, Campo Indian Reservation, San Diego County, CA,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 Revision to FR Notice 02/26/2010: This EIS is Withdrawn by the Bureau of Indian Affairs.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.


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

TABLE 

### 1—L IST OF 

### P RODUCTS

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—L IST OF 

### R EQUIREMENTS

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 toproduce 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 normaland 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.


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

TABLE 

### 2—L IST OF 

### R EQUIREMENTS

### —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


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

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