Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28005 

will advise the Commissioners in the 

matters discussed will also be present. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–11913 Filed 5–18–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0338; FRL–8822–9] 

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), 

publishes 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 

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 (7508P), 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–2010–0338. 

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 Notices 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. 

TABLE 1. — LIST OF PRODUCTS

Registrant Affected Active Ingredient EPA Registration Number Product Name Date EPA Issued Notice of 

Intent to Suspend 

Nufarm Limited 2,4-D 35935–16 2,4-D Sodium Salt Weed 

Killer 

March 4, 2010 

Nufarm Limited 2,4-D 35935–19 Technical Sodium Salt of 

2,4-D 

March 4, 2010 

Nufarm Americas Inc. 2,4-D 228–123 Riverdale Sodium Salt of 

2,4-D 

March 4, 2010 

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. 


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TABLE 2. — LIST OF REQUIREMENTS

EPA Registration 

Number 

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 

35935–16 

35935–19 

228–123 

870.1100 Acute Oral Toxicity February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

870.1200 Acute Dermal Toxicity February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

870.1300 Acute Inhalation 

Toxicity 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

870.2400 Acute Eye Irritation February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

870.2500 Acute Dermal Irritation February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

870.2600 Skin Sensitization February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1550 Product Identity 

and Composition 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1600 Description of Materials Used to 

Produce the 

Product 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1620 Description of Production Process February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1650 Description of Formulation Process February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1670 Discussion of Formation Impurities February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1700 Preliminary Analysis February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1750 Certified Limits February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.1800 Enforcement of 

Analytical Method 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.6302 Color February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.6303 Physical State February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.6304 Odor February 28, 2007 March 16, 2007 November 7, 2008 No data received 


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TABLE 2. — LIST OF REQUIREMENTS—Continued 

EPA Registration 

Number 

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 

35935–16 

35935–19 

228–123 

830.6313 Stability to Normal 

and Elevated 

Temperatures, 

Metals and 

Metal Ions 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.6314 Oxidation/Reduction: Chemical 

Incompatibility 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.6315 Flammability February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.6316 Explodability February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.6319 Miscibility February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35932–28 

1235–19 

830.6321 Dielectric Breakdown Voltage February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7000 pH February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7050 UV/Visible Absorption February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7100 Viscosity February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7200 Melting Point/Melting Range February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7220 Boiling Point/Boiling Range February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7300 Density/Relative 

Density/Bulk 

Density 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7370 Dissociation Constants in Water February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7550 Partition Coefficient, Shake 

Flask Method 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7570 Partition Coefficient, Estimation 

by Liquid Chromatograph 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7840 Water Solubility: 

Column Elution 

Method; 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 

35935–16 

35935–19 

228–123 

830.7860 Water Solubility: 

Generator Column Method 

February 28, 2007 March 16, 2007 November 7, 2008 No data received 


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TABLE 2. — LIST OF REQUIREMENTS—Continued 

EPA Registration 

Number 

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 

35935–16 

35935–19 

228–123 

830.7950 Vapor Pressure February 28, 2007 March 16, 2007 November 7, 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. 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(s). 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 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 the date of the Notice of 

Intent to Suspend by mail or the date of 

publication of this notice in the Federal 

Register, 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. 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 product(s). The 

suspension of the registration(s) of your 

company’s product(s) 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 


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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 registrant(s) subject to 

this notice, including all supplemental 

registrants of product(s) listed in Table 

1 of Unit II., may not legally distribute, 

sell, use, offer for sale, hold for sale, 

ship, deliver for shipment, or receive 

and (having so received) deliver or offer 

to deliver, to any person, the product(s) 

listed in Table 1 of Unit II. Persons other 

than the registrant(s) 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(s) 

listed in Table 1 of Unit II. Nothing in 

this notice authorizes any person to 

distribute, sell, use, offer for sale, hold 

for sale, ship, deliver for shipment, or 

receive and (having so received) deliver 

or offer to deliver, to any person, the 

product(s) listed in Table 1 of Unit II. in 

any manner which would have been 

unlawful prior to the suspension. 

If the registration(s) for your 

product(s) 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: May 7, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticides Programs. 

[FR Doc. 2010–11833 Filed 5–18–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9153–1] 

Science Advisory Board Staff Office; 

Notification To Convene Workgroups 

of Experts for Rapid Advice on 

Scientific and Technical Issues Related 

to the Gulf of Mexico Oil Spill 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces it’s 

intent to convene workgroups of experts 

drawn from the U.S. EPA SAB to 

provide rapid advice on scientific and 

technical issues related to the Gulf of 

Mexico oil spill. 

FOR FURTHER INFORMATION CONTACT: 

Members of the public who wish to 

obtain information about the rapid 

consultative advice process and projects 

may contact Dr. Anthony F. 

Maciorowski, Deputy Director, Science 

Advisory Board Staff Office, by 

telephone at (202) 343–9983; by e-mail 

at maciorowski.anthony@epa.gov; or by 

mail at the U.S. EPA, Science Advisory 

Board (1400F), 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: The SAB 

was established by 42 U.S.C. 4365 to 

provide independent scientific and 

technical advice, consultation, and 

recommendations to the EPA 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB Staff Office anticipates that the 

EPA will request rapid advice on an 

array of scientific and technical issues 

from nationally recognized scientists 

and engineers under the auspices of the 

SAB. This advice will assist the Agency 

in developing and implementing timely 

and scientifically appropriate responses 

to oil spill contamination in the Gulf of 

Mexico and along the Gulf Coast. 

Workgroup members will be invited 

to serve based on: Their scientific and 

technical expertise, knowledge, and 

experience; availability and willingness 

to serve; absence of financial conflicts of 

interest; and scientific credibility and 

impartiality. Due to critical mission and 

schedule requirements, there is 

insufficient time to provide the full 15 

days notice in the Federal Register prior 

to advisory meetings, pursuant to the 

final rule on Federal Advisory 

Committee Management codified at 41 

CFR 102–3.150. Therefore, information 

on the workgroup consultations will be 

posted on the SAB Web site at http:// 

www.epa.gov/sab as they are available. 

Dated: May 13, 2010. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2010–11987 Filed 5–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0012; FRL–8823–2] 

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 June 18, 2010. 

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 


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