53678 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices 

1 18 CFR 4.95(a) (2011). 

2The Commission issued a conduit exemption for 

Project No. 11651 on June 7, 1999. Calleguas 

Municipal Water District, 87 FERC ¶ 62,256 (1999). 

3See filing of July 11, 2011 by Calleguas 

Municipal Water District. 

4 18 CFR 4.95(c) (2011). 

5 18 CFR 385.2007(a)(2) (2011). 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 11651–001] 

Calleguas Municipal Water District 

Notice of Surrender of Exemption 

(Conduit) 

Pursuant to section 4.95(a) of the 

Commission’s regulations,1 Calleguas 

Municipal Water District filed with the 

Commission a petition to surrender its 

exemption from licensing for the 

unconstructed Las Posas Basin Aquifer 

Storage and Recovery Project No. 

11651,2 stating that the proposed project 

is no longer economically practicable.3

The project would have been located 

near the Town of Moorpark in Ventura 

County, California. 

Section 4.95(c) of the Commission’s 

regulations states that if no construction 

has begun, an exemption will remain in 

effect through the thirtieth day after the 

Commission issues a public notice of 

receipt of the petition, unless the 

Commission issues an order to the 

contrary.4 Accordingly, Calleguas 

Municipal Water District’s surrender of 

its exemption from licensing will be 

effective at the close of business on 

September 22, 2011. If the Commission 

is closed on that day, then the surrender 

is effective at the close of business on 

the next day in which the Commission 

is open.5 No applications for this site 

may be submitted until after the 

surrender is effective. 

Dated: August 23, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–21983 Filed 8–26–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0848; FRL–8881–4] 

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 a Notice of Intent to 

Suspend issued by EPA pursuant to 

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

of Intent to Suspend was issued 

following the Agency’s issuance of a 

Data Call-In notice (DCI), which 

required the registrant of the affected 

pesticide product containing a certain 

pesticide active ingredient to take 

appropriate steps to secure certain data, 

and following the registrant’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 

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: 

Veronica Dutch, Pesticide Re-evaluation 

Division, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8585; e-mail 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 on July 19, 

2011, to the registrant Drexel Chemical 

Company for the product Drexel Basic 

Kopper Sulfate, containing the active 

ingredient copper compounds, EPA 

Registration Number 19712–289. 

III. Basis for Issuance of Notice of 

Intent To Suspend; Requirement List 

The registrant failed to submit the 

required data or information or to take 

other appropriate steps to secure the 

required data for their pesticide product 

listed in Table 1 of this unit. 


Emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices 53679 

TABLE 1—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 

19713–289 ........ 830.1550 Product identity and composition .................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.1600 Description of materials used to produce the 

product.

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

19713–289 ........ 830.1620 Description of production process ................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.1650 Description of formulation process ............... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.1670 Discussion of formation of impurities ............ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.1700 Preliminary analysis ...................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.1750 Certified limits ................................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.1800 Enforcement analytical method ..................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6302 Color .............................................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6303 Physical state ................................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6304 Odor .............................................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6313 Stability to normal and elevated temperatures, metals, and metal ions.12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6314 Oxidizing or reducing action ......................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6315 Flammability .................................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6316 Explodability .................................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6317 Storage stability ............................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6319 Miscibility ....................................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6320 Corrosion characteristics ............................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.6321 Dielectric breakdown voltage ........................ 12/14/2007 12/24/2007 8/20/2008 No data received.

19713–289 ........ 830.7000 pH .................................................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7050 UV/Visible absorption .................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7100 Viscosity ........................................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7200 Melting point/melting range ........................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7220 Boiling point/Boiling range ............................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7300 Density/relative density ................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7370 Dissociation constants in water .................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7550 Partition coefficient (n-octanol/water) shake 

flask method.

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

19713–289 ........ 830.7570 Partition coefficient (n-octanol/water), estimation by liquid chromategraphy.12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7840 Water solubility: Column elution method, 

shake flask method.

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

19713–289 ........ 830.7860 Water solubility, generator column method .. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 830.7950 Vapor pressure .............................................. 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 870.1100 Acute oral toxicity .......................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 870.1200 Acute dermal toxicity ..................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 870.1300 Acute inhalation toxicity ................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 870.2400 Acute eye irritation ........................................ 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 870.2500 Acute dermal irritation ................................... 12/14/2007 12/24/2007 8/20/2008 No data received. 

19713–289 ........ 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 

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 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. 


Emcdonald on DSK2BSOYB1PROD with NOTICES
53680 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Notices 

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 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 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 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., 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) DCI notice. In 

order to avoid suspension under this 

option, you must satisfactorily comply 

with Table 1—List of Requirements in 

Unit III., for each product by submitting 

all required supporting data/information 

described in Table 1 of Unit III. 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 1 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 basis 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 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 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 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 Unit II. in any manner 

which would have been unlawful prior 

to the suspension. 

If the registration for your product 

listed in 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: August 19, 2011. 

Mary Ko Manibusan, 

Acting Director, Pesticide Re-evaluation 

Division, Office of Pesticide Programs. 

[FR Doc. 2011–21990 Filed 8–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being Reviewed 

by the Federal Communications 

Commission Under Delegated 

Authority 

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 


Emcdonald on DSK2BSOYB1PROD with NOTICES